HomeMy WebLinkAbout20251165.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Virginia Guderjahn, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: COZ24-0008
Applicant: Suzanne Lilly, Gerry Ball, and Patricia Conlon
Planner: Diana Aungst
Request: Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District.
Legal Description: E 1 /2SW1 /4 and the W1 /2SE1 /4 of Section 24; and Lot B of Recorded Exemption
RE -2485, being part of the E1/2NW1/4 of Section 25, all located in Township 6
North, Range 66 West of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to County Road 35 (35th Avenue); north and south of AA
Street (County Road 66).
be recommended favorably to the Board of County Commissioners 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.
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. 8.1 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 are two (2) parcels totaling about 234 acres; of the 234 acres 154 acres are zoned R-1
(Low Density Residential) with the remaining 80 acres zoned A (Agricultural). The parcel north
of AA Street is 160 acres and is split zoned equally 80 acres of A (Agricultural) Zoning and 80
acres of R-1 (Low Density Residential) Zoning. If this Change of Zone is approved, the entire
160 acres will be zoned A (Agricultural) 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 is 0.25 miles west of
the site on. The City of Greeley and the Town of Eaton are within three (3) miles of the site and
there were no objections from these two (2) municipalities concerning the Change of Zone
request.
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-1 (Low Density Residential) and A (Agricultural) and the
land uses include rural residential, agricultural, and oil and gas production. The 180 -acre parcel
is partially encumbered with USR-995 for an oil and gas production facility. This USR-995 was
approved by the Board of County Commissioners on July 6, 1988, and recorded July 9, 1988
under reception #2149821. The southern parcel (Lot B of RE -2485) is encumbered by
MUSR14-0011. This MUSR14-0011 was originally approved as USR-599 on December 28.
1983, recorded March 12, 1984 under reception #1958868. In 2014 an amendment was
proposed and renamed as MUSR14-0011 and recorded under reception #4151985, dated
October 21, 2015. These two (2) USRs (USR-995 and MUSR14-0011) will need to be vacated
or partially vacated prior to recording the plat.
There are twenty-one (21) USRs within one (1) mile of the site. USR-634 for an accessory
structure, 3rd Amended 3AMUSR-764 for agricultural services, USR21-0021 for a boarding
kennel of 20 dogs, USR-1492 for a church, SUP -158 for a concrete batch plant, USR13-0050
for a drop/staging for tanks and pumps, USR20-0035 for an event center, SUP -15 for a feed
Resolution COZ24-0008
Suzanne Lilly, Gerry Ball, and Patricia Conlon
Page 2
lot, USR-247AM2 for a gravel mining, USR-1381 for a greenhouse & retail center, MUSR16-
0008 for a mineral resource development facility, 2MUSR19-95-1075 for a mining, batch plant,
and oilfield, USR-612, MUSR14-0011, and USR-995 for oil and gas production facilities,
USR13-0047 for a personal training facility, USR-1365 for a restaurant, USR21-0020 and
USR23-0032 for Solar Energy Facilities, and USR-1382AM for a vetennary clinic
On November 24, 2024, the Department of Planning Services sent notice to thirty-one (31)
surrounding property owners within 500 -feet of the subject parcels No correspondence was
received on this case
The site is not located within the Coordinated Planning Agreement (CPA) boundary of any
municipality The subject property is located within the City of Greeley's growth management
area and the City submitted referral comments dated December 11, 2024 that state the subject
site is located within the Greeley's Long Range Expected Growth Area (LREGA), the area in
which the community anticipates annexation and urban development to occur in the future The
Comprehensive Plan indicates this property as future Urban Reserve areas Additionally, the
City's referral states that the Greeley Histonc Preservation Office would recommend
maintaining and continuing use of the existing buildings and would be happy to serve as a
resource for preserving them
Both parcels have residences and are served by North Weld County Water District and
permitted on -site wastewater treatment systems T he water bills and OWTS permits were
included in the application matenals Septic #SP -1000062 serves 2781 AA ST and septic
#SP- 0900066 serves 2480 N 35. Avenue
The City of Greeley's Comprehensive Plan indicates this property as Urban Reserve
According to the Imagine Greeley Growth Framework Urban reserve areas are not anticipated
to support urban development within the next twenty years The dominant use in many existing
t ( urban reserve areas is irrigated agriculture with some confined animal feeding operations
(CAFOs) Weld County and the City of Greeley do not have an intergovernmental agreement
concerning land use However, a zoning of Agriculture would be consistent with the City of
Greeley's Comprehensive Plan
Any future commercial/industrial uses will have to be approved through a 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 or Zoning
permits will adequately address and mitigate potential impacts
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
A water bill, for each residence, from North Weld County Water District (NWCWD) was
submitted with the application matenals
The Weld County Department of Public Health and Environment, referral dated December 13,
2024, stated that there are two (2) existing on -site wastewater treatment systems Septic permit
# SP -1000062 serves 2781 AA Street and septic permit #SP- 0900066 serves 2480 N 35th
Avenue
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 distracts
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) This rezoning is to the A
(Agricultural) zone so the assessment of these standards is not tnggered Both County Road
35 (N 35. Avenue) and County Road 66 (AA Street)' are paved roads
Resolution COZ24-0008
Suzanne Lilly, Gerry Ball, and Patricia Conlon
Page 3
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 heanng or in the heanng concerning
the rezoning application
The property is not located within any overlay district officially adopted by the County,
including A -P (Airport) Overlay District, I-25 Overlay Distnct, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agncultural Heritage Overlay District
2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property '
The Geologic Hazards and Mineral Resources Evaluation, submitted in the application
matenals, states that, the geologic hazards identified on this site which may conflict with
the proposed improvements include the identified flooded Aquolls and Aquepts (wetlands)
areas, potential for shallow groundwater, and the presence of existing oil/gas wells
Improvements may need to either avoid wetland areas and existing oil/gas wells and
include adequate systems or separation from groundwater The NRCS sods report
indicates that the subject property has a poor to fair rating as a gravel, sand, and roadfill
source with the Olney and Otero soils considered 'good' as a roadfill source (about 150
acres) The zone change to Agncultural will allow these properties to be mined to acquire
these gravel deposits should the property owner wish to pursue a mining permit
3) Section 23-2-30 A 5 c - If sod 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 pnor to the development of the
property
The Natural Resources Conservation Services (NRCS) Sod Survey indicates that site
consists 'of forty-one (41) acres of low -slope (1-3%) Kim loam sods, two (2) acres of
moderate -slope (3-5%) Kim loam soils, forty (40) acres of Aquolls and Aquents, and one
hundred forty-nine (149) acres of low -slope (0-3%) Otero sandy loam The moderate -slope
(3-5%) Kim loan soils are classified as "Farmland of Statewide Importance" for a total of
1% of the site The Colorado Geological Survey submitted referral agency comments dated
December 5, 2025 that states that only small portions of the site are mapped as containing
a potential aggregate resource, there are no geologic conditions present that would
preclude the proposed rezone from R-1 (Low Density Residential) Zone Distnct to the A
(Agncultural) Zone District, the wetland areas are not suitable for development due to very
soft, wet, organic soils, and finally any future buildings, paved roads, or other development,
a site -specific geotechnical investigation consisting of bonngs, sampling, lab testing,
analysis and recommendations will be needed
The other sod types are classified as either "Pnme farmland if drained and either protected
from flooding or not frequently flooded dunng the growing season", "Pnme farmland if
irrigated", and "Pnme farmland if irrigated and the product of I (soil erodibility) x C (climate
factor) does not exceed 60" If approved the zoning will be A (Agricultural) so no "Pnme
Farmland" will be removed from agricultural production
Resolution COZ24-0008
Suzanne Lilly, Gerry Ball, and Patricia Conlon
Page 4
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 Planning Commission recommendation for approval of this Change of Zone from the R-1 (Low Density
Residential) Zone District to the A (Agricultural) Zone District is conditional upon the following
1 Prior to recording the plat
A The applicant shall submit an application requesting a full or partial vacation of USR-832
(Department of Planning Services)
B The applicant shall submit an application requesting a full or partial vacation of MUSR14-0011
(Department of Planning Services)
C The applicant shall address the referral comments from the Division of Water Resources, as stated
in the referral response dated December 24, 2024 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 City of Greeley, as stated in the
referral response dated December 11, 2024 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Planning Services)
E The applicant shall acknowledge the referral comments from the Colorado Geological Survey, as
stated in the referral response dated December 5, 2024 Evidence of such shall be submitted in
wnting 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 COZ24-0008 (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 nghts-of-way shall be delineated on the plat by book and page number
or reception number (Department of Planning Services)
D County Road 66, also known as AA Avenue, is a paved road and is designated on the Weld County
Functional Classification Map as a collector road which requires 80 feet of right -of- way at full
bwldout The applicant shall delineate and label on the site map or plat the future and existing right-
of-way (along with the documents creating the existing nght-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 N 35th Avenue is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of nght-of-way at full buildout The applicant shall
delineate and label on the site map or plat the future and existing nght-of- way (along with the
documents creating the existing nght-of-way) and the physical location of the road All setbacks
shall be measured from the edge of nght-of-way This road is maintained by Weld County
(Development Review)
F Show and label the existing, permitted access points onto CR 66, also known as AA Avenue, and
N 35th Avenue Include the access types (Development Review)
G The following notes shall be delineated on the Change of Zone plat
1) Change of Zone, COZ24-0008, allows for A (Agricultural) Zone Distnct uses which shall comply
with the requirements set forth in Chapter 23, Article III, Division 1 of the Weld County Code
(Department of Planning Services)
Resolution COZ24-0008
Suzanne Lilly, Gerry Ball, and Patncia Conlon
Page 5
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)
3) Any future structures or uses on site.must obtain the appropnate zoning and budding 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)
5y- Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
6) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
7) Water service may be obtained from North Weld County Water Distnct (Department of Public
Health and Environment)
8) 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)
9) Activity or use on the surface of the ground over any part of the OWTS must be restncted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the sod or to structural loading detrimental to the structural integrity or capability of the
component to function as designed (Department of Public Health and Environment)
10) Budding 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 Budding Codes, 2018 International Energy Code, 2023 National Electrical Code,
and Chapter 29 of the Weld County Code A Budding 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,
performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A
budding permit must be issued pnor to the start of construction ,(Department of Budding
Inspection)
11) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
12) Budding 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)
13) 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 carved 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)
Resolution COZ24-0008
Suzanne Lilly, Gerry Ball, and Patricia Conlon
Page 6
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 penod
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
Motion seconded by Michael Palizzi
VOTE
For Passage
Butch White
Michael Wailes
Michael Palizzi
Virginia Gudegahn
Barney Hammond
Michael Biwer
Against Passage Absent
Cindy Beemer
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Coov
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 1, 2025
Dated the 1. of April, 2025
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, April 1, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia
Guderjahn
Absent: Cindy Beemer
Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services, Karin McDougal,
County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner
Request:
Legal Description:
Location:
COZ24-0008
Suzanne Lilly, Gerry Ball, and Patricia Conlon
Diana Aungst
Change of Zone from the R-1 (Low Density Residential) Zone District to the A
(Agricultural) Zone District.
E 1 /2SW1 /4 and the W1 /2SE1 /4 of Section 24; and Lot B of Recorded Exemption
RE -2485, being part of the E1/2NW1/4 of Section 25, all located in Township 6
North, Range 66 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 35 (35t' Avenue); north and south of AA
Street (County Road 66).
Diana Aungst. Planning Services, presented Case COZ24-0008, reading the recommendation and
comments into the record. Ms. Aungst stated that the applicant is proposing to change the zone from R-1
to Agricultural on two parcels totally approximately 234 acres. Of the 234 acres, 154 acres of those acres
are zoned R-1. The remaining 80 acres are already zoned agriculture. No correspondence or telephone
calls were received regarding this application.
Ms. Aungst provided a report from Environmental Health including reports on the public water and sanitary
sewer requirements.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Bob Choate, Coan, Payton & Payne, LLC, 1711 61St Ave, Greeley, Colorado. Mr. Choate said that these
sites have been farmland forever and is primarily agricultural land east to Highway 85. He added that this
is part of the Seeley Lake rezoning in the early 1980's and there was a lot of area that was zoned R-1 and
it just never developed. The north parcel has split zoning with half of it being R-1 and the other half is
agricultural. This change of zone will correct the split zoning on the northern parcel.
Mr. Choate stated that there is no sewer for these parcels, which is now a requirement of developing in the
R-1 zone district. He added that it is compatible with the surrounding area. Mr. Choate said that they believe
this complies with the Comprehensive Plan.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
1
Motion Forward Case COZ24-0008 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Virginia Gudegahn, Seconded by Michael Palizzi
Vote Motion carned by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Butch White, Michael Biwer, Michael Palizzi, Michael Wades, Virginia Gudegahn
Meeting adjourned at 3 01 p m
Respectfully submitted,
/\ibbnt-,ub'lin-
Kristine Ranslem
Secretary
2
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