HomeMy WebLinkAbout20252138.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Molly Wright
Case Number: COZ25-0004
Owners: Rosa Vega de Nunez and Genaro Nunez
1731 Fern Avenue, Greeley, CO 80631
Representative: Alles, Taylor, Duke LLC c/o Mark Taylor
3610 35th Avenue, Unit #6, Evans, CO 80620
Hearing Date: July 1, 2025
Request: Change of Zone from the A (Agricultural) and R-3 (Medium Residential) Zone Districts
to the R-3 (Medium Residential) Zone District
Legal Part of the SE4 of Section 10 and part of the SW4 of Section 11, all located in T5N,
Descriptions: R65W of the 6th P.M., Weld County, Colorado.
Location: West of and adjacent to Fern Avenue; north of and adjacent to E 18th Street
Parcel Size:
+/- 5.30 acres Parcel #: 0961-11-0-00-073
The criteria for review of this Change of Zone are listed in Section 23-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
❖ Weld County Oil and Gas Energy Department, referral dated April 15, 2025
❖ State of Colorado, Division of Water Resources, referral dated May 7, 2025
❖ Weld County Department of Environmental Health Services, referral dated February 28, 2025
❖ Weld County Department of Planning Services — Development Review, referral dated May 8, 2025
❖ Weld County Department of Planning Services — Development Review Floodplain, referral dated April 11,
2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ City of Greeley, referral dated May 1, 2025
❖ Weld County Sheriff's Office, referral dated April 9, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
❖ City of Evans
❖ Town of Kersey
❖ Greeley Fire Department
❖ Colorado Parks and Wildlife
❖ North Weld County Water District
❖ Weld County School District RE -6
❖ West Greeley Conservation District
COZ25-0004 I Nunez
Page 1 of 7
Narrative:
The applicant is requesting a Change of Zone from the R-3 (Medium Density Residential) and the A
(Agricultural) Zone District to the R-3 (Medium Density Residential). There is one (1) parcel totaling
approximately five (5) acres. Of this, approximate five (5) acres, approximately 0.62 acres is zoned A
(Agricultural). If this Change of Zone is approved, the entire five (5) acres will be zoned R-3 (Medium Density
Residential), which will resolve the split zoning. The split zoning on the subject property occurred in March
1965, via reception number 1458783. The property has historically been used for a single-family dwelling,
along with some gardening. If the Change of Zone is approved, the applicant wishes to build a duplex on
the property, resulting in three (3) separate living units.
The single-family dwelling that is on site was permitted under BC -9701114 in December 1997. A non-
conforming use is required for the single-family dwelling, as a single-family dwelling is not a permitted use
called out in Section 23-3-130 of the Weld County Code.
According to the application materials, the existing single-family dwelling on the property is currently served
by a North Weld County Water tap (#2772001). The applicant is proposing to construct a duplex on the site
if this COZ is approved. The duplex will be served by a properly permitted well (#334185), and a new half
tap from North Weld County Water District. The well permit was issued during the time in which North Weld
County Water District was under a moratorium and was not issuing additional taps. The well permit that
was issued for a single-family dwelling. The applicant is in the processes of obtaining a Will Serve Letter
with North Weld County Water District.
Weld County Code, Section 23-3-105.B. mentions that lots created following to August 25, 1981, must be
served by public water and public sewer. Since this property was created in 1979, this Code Section does
not apply. The applicant has submitted adequate water and sewer documentation according to Section 23-
3-105.A. of the Weld County Code.
The applicant submitted a septic permit (SP -9700294) with the application materials for the current single-
family dwelling on the property. The additional duplex will require additional properly permitted septic
systems.
The closest municipality is more than one -quarter (1/4) mile from the subject property; therefore, this
Change of Zone is consistent with the Section 22-2-30. B.1. The City of Greeley, the Town of Kersey, and
the City of Evans are within three (3) miles of the site and there were no objections from these three (3)
municipalities concerning the Change of Zone request.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive Plan]
of the Weld County Code.
Section 22-2-30. B.1 states: "Encourage annexation of urban -scale development. Zone
changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged.
Property owners who want to rezone or subdivide their property are encouraged to contact the
municipality about annexation."
There is one (1) parcel totaling about five (5) acres. Of this roughly five (5) acres, approximately
0.62 acres is zoned A (Agricultural). If this Change of Zone is approved, the entire five (5) acres
will be zoned R-3 (Medium Density Residential) which will resolve the split zoning. The closest
municipality is more than one -quarter (1/4) mile from the subject property; therefore, this
Change of Zone is consistent with the Section 22-2-30.B.1. The City of Greeley, the Town of
Kersey, and the City of Evans are within three (3) miles of the site and there were no objections
from these three (3) municipalities concerning the Change of Zone request.
COZ25-0004 I Nunez
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Section 22-2-30. C.2 states: Establish residential development options based on compatibility,
proximity to municipalities, and availability of services that reflect the desired density and
character of that location.
The City of Evans and the Town of Kersey did not return a referral agency response, but a
Notice of Inquiry (NOI) was included in the application materials for both municipalities. The
Town of Kersey's NOI, dated November 26, 2024, stated that they would not like to pursue
annexation at this time. The City of Evans' NOI, dated November 25, 2024, stated that the
property is located outside of their Urban Growth Boundary, and annexation would not be
pursued at this time.
The property is located in the three-mile referral area for the City of Greeley. The City of Greeley
submitted referral agency comments with no concerns or objection. The property has
historically been used for a single-family dwelling, along with some gardening. If the Change
of Zone is approved, the applicant wishes to build a duplex on the property, resulting in three
(3) separate living units.
The single-family dwelling that is on site was permitted under BC -9701114 in December 1997.
The single-family dwelling is served by a septic system (SP -9700294) and a tap (#2772001)
from North Weld County Water District. Any future structures will be served by a properly
permitted well, or a water tap from North Weld County Water District tap, and a properly
permitted septic system.
B. 23-2-30.A.2. — The uses which would be allowed on the subject property by granting the
Change of Zone will be compatible with the surrounding land uses.
The adjacent properties are zoned R-3 (Medium Density Residential), R-1 (Low Density
Residential), and A (Agricultural), and the land uses include rural residential, agricultural, and
oil and gas production.
There are thirteen (13) USRs within one (1) mile of the site. To the south there are one (1) Use
by Special Review for a recreation facility (USR-1208AM), and one (1) for an accessory building
(USR18-0070). To the east there is a Use by Special Review for a wastewater treatment plant
(SUP -362). To the north there is a Use by Special Review for two (2) home businesses
(USR17-0066).
The Department of Planning Services sent notices to seventeen (17) surrounding property
owners within 500 -feet of the subject parcels. No correspondence was received on this case.
The site is located within the Coordinated Planning Agreement (CPA) boundaries of the City of
Evans and the Town of Kersey.
The City of Evans and the Town of Kersey did not return a referral agency response, but a
Notice of Inquiry (NOI) was included in the application materials for both municipalities. The
Town of Kersey's NOI, dated November 26, 2024, stated that they would not like to pursue
annexation at this time. The City of Evans' NOI, dated November 25, 2024, stated that the
property is located outside of their Urban Growth Boundary, and annexation would not be
pursued at this time.
The City of Greeley submitted referral agency comments with no concerns or objection. The
subject property is located within the City of Greeley's Growth Management Area with a
designation of "rural". The City of Greeley has defined "rural" as "a sparsely populated area,
where the land is primarily used for agricultural purposes". Although the City of Greeley has
classified this property as rural, the surrounding zoning, surrounding usage, and the historical
use of the property, aligns with the Change of Zone request.
Any future uses will have to be approved through a Site Plan Review, Use by Special Review
(USR) or a Zoning Permit process. These processes are sent to referral agencies and the
surrounding property owners for comment. The Conditions of Approval and Development
Standards applied to both this Change of Zone and any future Use by Special Review, Site
Plan Reviews, or Zoning permits will adequately address and mitigate potential impacts.
COZ25-0004 I Nunez
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C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
According to the application materials, the existing single family on the property is currently
served by a North Weld County Water tap (#2772001). The proposed duplex will be served by
a properly permitted well (#334185), and a new half tap from North Weld County Water District.
The well permit was issued during the time in which North Weld County Water District was
under a moratorium and was not issuing additional taps. The well permit that was issued for a
single-family dwelling. The applicant is in the processes of obtaining a Will Serve Letter with
North Weld County Water District.
Weld County Code, Section 23-3-105.B. mentions that lots created following to August 25,
1981, must be served by public water and public sewer. Since this property was created in
1979, this Code Section does not apply. The applicant has submitted adequate water and
sewer documentation according to Section 23-3-105.A. of the Weld County Code.
The applicant submitted a septic permit (SP -9700294) with the application materials for the
current single-family dwelling on the property. The additional duplex will require additional
properly permitted septic systems.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts.
Sections 23-2-30.A.4 and 23-2-40.B.4. include standards for roads abutting zoning
amendments to any zone district other than A (Agriculture). According to Development
Review's referral dated May 8, 2025, Fern Avenue is a paved road designated on the Weld
County Functional Classification Map (Code Ordinance 2017-01) as a local road, which
requires 60 feet of right-of-way.
E. Section 23-2-30.A.5. — In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing concerning
the rezoning application.
Most of the property is located with the 100 -year Special Flood Hazard Area. The applicant
will be required to submit for and receive a Floodplain Development Permit prior to
construction of any future buildings. The entirety of the site is located within the A -P
(Airport) Overlay District and the MS4 - Municipal Separate Storm Sewer System area. The
site is not located within the 1-25 Overlay District, the Geologic Hazard Overlay District, the
Historic Townsites Overlay District, or the Agricultural Heritage Overlay District.
3) Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present moderate
or severe limitations to the construction of structures or facilities proposed for the site,
that such limitations can be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the development of the
property.
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that the site
consists of approximately three (3) acres that are classified as Aquolls and Aquents with
gravelly substratum that are "Prime farmland if drained and either protected from flooding
or not frequently flooded during growing season", and approximately two (2) acres
classified as low -slope (0-1%) Paoli loam that is considered "Prime if Farmland if irrigated."
The property is currently used primarily for a residence; therefore, no farmland will be
removed from agricultural production.
COZ25-0004 I Nunez
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This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval of this Change of Zone from the
R-1 (Low Density Residential) and A (Agricultural) Zone District to the R-3 (Medium -Density Residential)
Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a NCU application for the Single -Family Dwelling that is located on the
property. (Department of Planning Services)
B. The applicant shall submit a Will Serve letter, or well release letter from North Weld County Water
District. (Department of Planning Services)
C. The applicant shall address the referral comments from the Oil and Gas Energy Department, as
stated in the referral response dated April 15, 2025. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall acknowledge the referral comments from the Division of Water Resources, as
stated in the referral response dated May 7, 2025. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
2. The Change of Zone plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ25-0004. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number. (Department of Planning Services)
D. Fern Avenue is a paved road and is designated on the Weld County Functional Classification Map
as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate
and label on the plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County. (Development Review)
E. Delineate the existing residential accesses on Fern Avenue located approximately 450 feet and
500 feet north of the Fern Avenue/East 18th Street intersection. Label each access as, "EXISTING
RESIDENTIAL ACCESS". (Development Review)
F. Delineate the existing agricultural access on Fern Avenue located approximately 690 feet north of
the Fern Avenue/East 18th Street intersection. Label the access as, "EXISTING AGRICULTURAL
ACCESS". (Development Review)
G. Delineate and label the required off-street parking area. (Development Review)
H. Show the floodplain boundaries on the plat. Label the floodplain boundaries with the FEMA Flood
Zone and FEMA Map Panel Number. (Development Review - Floodplain)
I. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ25-0004, allows for R-3 (Medium -Density Residential) Zone District uses
which shall comply with the requirements set forth in Chapter 23, Article III, Division 2 of the
Weld County Code. (Department of Planning Services)
2) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
COZ25-0004 I Nunez
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3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
5) The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
6) There shall be no parking or staging of vehicles on public roads or within public rights -of -way.
On -site parking shall be utilized. (Development Review)
7) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
8) The historical flow patterns and runoff amounts will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding of stormwater runoff. (Development Review)
9) A Flood Hazard Development Permit is required for all construction or development occurring
in the floodplain/floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1542F, revised November 30, 2023, (Cache la Poudre
River Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in
44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change
to improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Development Review - Floodplain)
10) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Development Review - Floodplain)
11) The Property Owner shall comply with all requirements provided in the issued Flood Hazard
Development Permit. (Development Review — Floodplain)
12) Water service may be obtained from an appropriately permitted well or North Weld County
Water District. (Department of Public Health and Environment)
13) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal
may be by on -site wastewater treatment systems (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
14) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the
component to function as designed. (Department of Public Health and Environment)
15) Building permits may be required, for any new construction, set up of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings
and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes, 2018 International Energy Code, 2023 National Electrical Code,
and Chapter 29 of the Weld County Code. A Building Permit Application must be completed
and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A Geotechnical Engineering Report,
COZ25-0004 I Nunez
Page 6 of 7
performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A
building permit must be issued prior to the start of construction. (Department of Building
Inspection)
16) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact
Fee Programs. (Department of Planning Services)
18) Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
3. Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-50. D. of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within one -hundred -twenty (120) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the recording
fee.
4. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board
may require the landowner to appear before it and present evidence substantiating that the COZ has
not been abandoned and that the applicant possesses the willingness and ability to record the plat. The
Board of County Commissioners may extend the date for recording the plat. If the Board determines
that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public
hearing, revoke the COZ.
5. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be
recorded within the specified timeline from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance fee shall be added for each additional 3 -month period.
6. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by
the Board of County Commissioners unless otherwise specified by the approving resolution of the
Board of County Commissioners. However, no building permit shall be issued, and no use shall
commence on the property until the plat is recorded.
COZ25-0004 I Nunez
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June 13, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mrwright@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
Mark Taylor
3610 35th Avenue Unit #6
Evans, CO 80620
Subject: COZ25-0004 - Change of Zone from R-3 (Medium Residential) and A (Agricultural) Zone
Districts to the R-3 (Medium Residential) Zone District.
On parcel(s) of land described as:
Part of the SE4 of Section 10 and part of the SW4 of Section 11, all located in T5N, R65W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 1, 2025 at 1:30 p.m. A
subsequent hearing with the Board of County Commissioners will be held on August 6, 2025 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Moll righ
Planner
June 9, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mrwright@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
Mark Taylor
3610 35th Avenue Unit #6
Evans, CO 80620
Subject: COZ25-0004 - Change of Zone from R-3 (Medium Residential) and A (Agricultural) Zone
Districts to the R-3 (Medium Residential) Zone District.
On parcel(s) of land described as:
Part of the SE4 of Section 10 and part of the SW4 of Section 11, all located in T5N, R65W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 1, 2025 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 23, 2025 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Moll RWright
Planner
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