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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
COZ22-0003
Marty Matchett
3945 West 18th Street Land, Greeley, CO 80631
Wade Hill
Hill Land Services, Inc.
700 Automation Drive, Suite H, Windsor, CO 80550
Hearing Date: December 6, 2022
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District
Lot B of Recorded Exemption RE -4193; being part of the SE4NW4 of Section 30, T6N,
R66W, of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 64.5 and approximately 0.56 miles east of County
Road 23.75
± 13.32 acres Parcel #: 0805-30-2-00-009
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:
➢ City of Greeley, referral dated February 22, 2022
➢ Windsor Severance Fire Rescue, referral dated February 17, 2022
➢ Weld County Oil and Gas Energy Department, referral dated February 11, 2022
➢ Weld County Department of Public Health and Environment, referral dated February 16, 2022
➢ Weld County Department of Planning Services — Floodplain, referral dated February 15, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated February 8, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Windsor, referral dated February 8, 2022
➢ Town of Severance, referral dated February 17, 2022
➢ Weld County Sheriff's Office, referral dated February 8, 2022
➢ Weld County Zoning Compliance, referral dated March 7, 2022
➢ Colorado Division of Water Resources, referral dated March 4, 2022
➢ West Greeley Conservation District, referral dated February 14, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Attorney
➢ Weld County Assessor
➢ Weld School District RE -4
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➢ Colorado Parks and Wildlife
➢ North Weld County Water District
➢ Great Western Railway of Colorado
CASE SUMMARY:
The applicant is requesting to rezone the subject property from the A (Agricultural) Zone District to the C-3
(Business Commercial) Zone District. The `L' shaped parcel is partially adjacent to the Great Western
Railway track. It is also located within the North Greeley Rail Corridor Subarea, the Opportunity Zone, and
the Annexation area for the City of Greeley.
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 of the Weld County Code.
Section 22-4-10.A.1, the Comprehensive Plan Map section refers to one of the two main
components for siting preference of rezonings and subdivisions. Specifically, that areas of
opportunity for commercial and industrial development are logically developed based on
transportation infrastructure of roads and railroads.
The subject property is `L' shaped with the top 400 feet adjacent to the Great Western Railway
track. Although the adjacency to the railroad track is limited, rezoning to commercial or industrial
provides a larger variety of future uses that may benefit from the railroad track.
There are two (2) parcels to the west which are zoned industrial. The property approximately 375
feet to the west of the subject property is annexed into the City of Greeley and is zoned I -M
(Industrial Medium Intensity) which, when developed, would provide employment, manufacturing
and distribution uses and a moderate scale, intensity and format, that is more compatible with high -
intensity commercial uses that require a moderate degree of vehicle and freight access from arterial
streets, highways or rail corridors. This property is currently vacant land. The properties
approximately one -quarter (0.25) mile west of the subject property are zoned 1-3 (Heavy Industrial).
A Site Plan Review application has been approved on the northern property (SPR18-0011) and
conditionally approved on the southern property (SPR21-0007). These heavy industrial properties
are utilized for transloading facilities and are both owned by GWIP, LLC (Great Western Railway).
Section 22-4-10.8.1, the Weld County Opportunity Zone criteria states that zone changes to
commercial and industrial are preferred in select areas of the County. Specifically, within one -
quarter mile of railroad tracks.
The property is located within one -quarter (1/4) mile of the Great Western Railway track which
places it within the Weld County Opportunity Zone, therefore, this site is in one of the select areas
delineated by the Weld County Comprehensive plan for rezoning to commercial or industrial.
B. Section 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 zoning on all adjacent properties is A (Agricultural). The Whitney Ditch Company owns a thirty
(30) foot irrigation easement is located along the norther perimeter of the site. This irrigation
easement has water in it from April to September. There are single-family dwellings on all the
surrounding properties except the one on the north side of the railroad track. The residence to the
north is between the subject property and the railroad track. USR-1657 for a gravel pit, owned and
operated by Martin Marietta Materials, Inc., is located southwest of the site and 2Amended USR-
1125 for a gravel pit is located south of the site but this gravel pit has been reclaimed. Bracewell,
an eleven (11) lot subdivision zoned PUD with E (Estate) Zone uses, is located southeast of the
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site and Hillcrest Estates, a five (5) lot subdivision with an E (Estate) Zoning, is located north of the
railroad tracks, northwest of the site. The subject property contains a 22,000 screened square foot
storage area for vehicles and equipment.
The property is `L' shaped and top 400 feet of the `L' is adjacent to the Great Western railroad. It is
also located within the North Greeley Rail Corridor Subarea, and the Weld County Opportunity
Zone. The North Greeley Rail Corridor Subarea Plan was incorporated into the Weld County Code
as Appendix 22-A via Ordinance 2010-4 dated July 12, 2010. This Subarea Plan is designed to
create opportunities for landowners along the rail corridor extending from just west of County Road
23.75 to about one (1) mile east of County Road 31. According to the Subarea Plan: "Industries will
be attracted to the Subarea because of the thoughtful planning for, and availability of, key
infrastructure such as the short -line railroad track, principal roads and central water and sewer."
The Plan also states that: "Of the land area within Weld County, the majority of the properties are
zoned "A" (Agricultural), with uses ranging from farming to limited commercial. A limited number of
rural subdivisions lie within the study area, including the 1970s era Seeley Lake subdivision."
The Subarea Plan also states that, "Located in or near the Subarea are two small rural subdivisions
that are zoned Planned Unit Development ("PUD") within the County. These total 106 acres, with
the total build -out potential of 16 single-family residential homes.
The Subarea also includes two properties consisting of 142 acres that were annexed to the City of
Greeley in 2009 as part of the Hall -Irwin Annexation. One of the properties is in the transitional
zoning district of "H -A" (Holding Agriculture) and the other property is zoned "I -M" (Industrial
Medium Intensity), which is anticipated to be a regional and builder supply lumber yard."
To the west of the Subarea, the Town of Windsor has zoned and platted several industrial
properties, known as Great Western Industrial Park. The industrial businesses in this area include
Vestas, Owens-Illinois Glass, and an ethanol plant."
The site is located within a Weld County Opportunity Zone. The Weld County Comprehensive Plan
identifies Opportunity Zones, in part, as properties within one -quarter (1/4) mile of railroad tracks.
As the property is adjacent to the Great Western Railway tracks it is located in a Weld County
Opportunity Zones and therefore a preferred area for commercial or industrial rezoning.
The site is located within the three (3) mile referral area of the Towns of Windsor and Severance
and the City of Greeley. The Towns of Windsor and Severance stated no concerns on their referral
agency comments dated February 8, 2022, and February 17, 2022, respectively. The City of
Greeley's referral agency comments dated February 2, 2022, state that the City of Greeley does
not currently provide utility services to the subject property but the site is in the City of Greeley Long
Range Expected Growth Area (LREGA) and if water and sanitary sewer services are requested to
serve the property then annexation into the City of Greeley will be required, prior to the City of
Greeley providing those utility services. The comments also stated that the City and NWCWD have
adopted a Water Service Agreement for providing water in this area. If a new water service is
requested in the future, the City of Greeley will decide if water will be provided by the City of Greeley
or NWCWD in accordance with the executed Water Service Agreement.
Regarding traffic and drainage, the comments state, "At this time there are no traffic concerns with
this application, however, if traffic increases in the future, Greeley would like to review any traffic
studies and meet with the County to discuss any future impacts to Greeley's transportation system."
The referral agency comments go on to state, "If at any time in the future, storm drainage from this
site discharges into any of the City of Greeley's stormwater infrastructure system, a drainage report
and plan shall be submitted to the City for review and approval."
The referral also references the North Greeley Rail Corridor and the City of Greeley's
Comprehensive Plan Objective TM -4.3 and suggests creating employment opportunities. The City
is requesting screening of the adjacent residential properties and County Road 64.5 when the site
develops.
The City of Greeley's Comprehensive Plan adopted February 6, 2018, Imagine Greeley, Land Use
Guidance Map delineates the subject property as an Employment, Industrial, and Commercial
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Area. Chapter 4: Growth Framework states, in part, that Employment, Industrial, and Commercial
Areas are dedicated to industrial, manufacturing, and other employment uses, such as research
and development, office parks, and distribution and logistics centers.
The site is in the Annexation area for the City of Greeley. In an email dated September 3, 2021,
the City of Greeley stated that the parcel does not currently meet contiguity requirements for
annexation, and it doesn't appear that the City would need to provide any services.
The site is located within the Coordinated Planning Agreement (CPA) area for the Towns of
Windsor and Severance. As part of the pre -application process the municipalities were sent a
Notice of Inquiry (NOI). The Towns of Windsor and Severance submitted Notice of Inquiry forms,
dated April 1, 2021, and August 31, 2021, respectively stating that they do not wish to annex the
property.
The Department of Planning Services sent notice to twelve (12) surrounding property owners within
500 -feet of the subject property and received eleven (11) responses. Two (2) surrounding property
owners inquired about this Change of Zone but did not express concerns. Eight (8) surrounding
property owners and the Pastor of the Bethel Lutheran Church in Windsor provided letters that
outline concerns about noise, weeds, air pollution, light pollution, traffic, the turning radius of the
RVs and the potential for accidents, loss of views to the west, unpleasant aesthetics (eye -sore),
potential lack of proper screening, safety and security of the homes in the area, increase in crime,
loss of prime agricultural land, the need to protect agricultural lands for future generations, the need
to protect small businesses, decrease in property values, potential non-compliance with FEMA's
floodplain requirements, negative impacts to the physical and emotional wellbeing of the
community. Additionally stating that the proposed use, RV and boat storage, is not compatible with
the surrounding land uses and that the agricultural experience (agritourism) of the Tigges Farm will
be diminished. The Whitney Irrigation Company (exhibit #6) stated that there is an easement for
the ditch along the northern property line and that fencing and storage of vehicles should be setback
thirty (30) feet from the centerline of the ditch. Exhibit #9 provides details about the Non -
Commercial Junk Yard (ZCV19-00260) which is a closed violation from 2019, development in the
area in the last twelve (12) years, the twenty-six (26) homes in the immediate area, and the
increased number of accidents that occur on CR 64.5 between 83rd Avenue and CR 23.75. These
letters were provided to the applicant between November 13 and December 5, 2022. The applicant
indicated that he had received the letters, but no other response has been received.
The applicant has received approval of a floodplain permit FHDP21-0023 to place fill on the site to
raise the elevation above the base flood elevation. This raise in the elevation meets FEMAs
requirements and allows the storage of RVs and boats on the site.
The site is a preferred site for rezoning to commercial and industrial due to the site's adjacency to
the Great Western railroad track and the fact that it is in the North Greeley Rail Corridor Subarea
and the Weld County Opportunity Zone. Future commercial uses will have to be approved through
a Site Plan Review or Use by Special Review process. Site Plan Review and Use by Special
Review applications are sent to referral agencies and, with the Use by Special Review process,
sent to the surrounding property owners for comment. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any future Site Plan Review or
Use by Special Review permits will adequately address and mitigate potential impacts.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to serve
the uses permitted within the proposed zone district.
The Department of Public Health and Environment per their referral agency comments dated
February 16, 2022, states that there are currently no utilities to the site. The referral states that
North Weld County Water District may supply water to the site if necessary and an on -site
wastewater treatment system would provide sewer.
The site is located within the North Greeley Rail Corridor Subarea which states, "Central drinking
water service is provided by the City of Greeley and the North Weld Water District. Generally,
Greeley serves city properties and North Weld Water serves the remainder of the area." The
applicant requested a tap from the North Weld County Water District (NWCWD) but due to the
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moratorium was unable to obtain one. The applicant received a Well Release letter, dated March
11, 2022, from NWCWD that states: "...we [NWCWD] have no objection to the ... applicant
obtaining a well permit within the boundaries of the North Weld County Water District." The
applicant applied for and was approved for a water well by the Division of Water Resources on
September 28, 2022, well permit no. 328688. There will be further review of the water source when
the applicant submits a Site Plan Review or a Use by Special Review.
Per the North Greeley Rail Corridor Subarea plan the entire Subarea is within the Greeley Sanitary
Sewer "208" service area. Although sanitary service is currently concentrated primarily south of the
Poudre River, service is also provided to the Weld County Business Park and Espanola
subdivisions, located in the southeast portions of the study area, the Greeley Trading Company,
and Pronto Foods, located at "O" Street and the Great Western Railway railroad line.
D. Section 23-2-30.A.4. - For zoning amendments to any zone district other than A (Agriculture),
unpaved streets/roads providing access to the subject parcels shall have a minimum 26 -foot -wide
travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum
right-of-way width of sixty (60) feet.
The site is north of and adjacent to County Road 64.5 and the portion of County Road 64.5 adjacent
to the subject property is maintained by Weld County. Weld County Department of Planning
Services — Development Review submitted referral agency comments dated February 8, 2022,
which state that County Road 64.5 is a paved collector road from approximately 377 feet west of
the parcel extending east to the intersection with County Road 27. The portion of County Road 64.5
that is beyond 377 feet west of the property is under the jurisdiction of the City of Greeley.
A. 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.
The property is not located within the A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay District.
The property is located within the North Greeley Rail Corridor Subarea and the Special Flood
Hazard Area.
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 Mineral and Aggregate Evaluation, by Northern Colorado Geotech, dated January 14,
2022, submitted with the application, indicates that the small quantity of sand and aggregate
that is present at the site is not an economically viable deposit and that no economic quantities
of quarry rock or minerals are available at the site. The report goes on to state that Northern
Colorado Geotech is unaware of any coal mines in the immediate vicinity of the site and it is
Northern's determination that the property does not contain economic deposits of aggregate,
quarry rock or minerals.
The Weld County Sand, Gravel Resources map of 1975, shows there to be T-4 deposits. T-4
is classified as stream terrace deposits that are unevaluated aggregate such as coarse and
fine aggregate resources that were not evaluated because of inadequate exposures, lack of
drill -hole data, location, access, poor potential, areal extent, or a prior land uses that exclude
the possibility of recovering aggregate.
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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, dated March 25, 2021,
submitted with the application, indicates that the property contains low slope (1-3%) Kim loam
and that this type of soil does not limit the construction of small commercial buildings. This soil
type is classified as "Prime Farmland if Irrigated" and is considered well -drained soil.
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.
Should the Planning Commission approve the proposal, the Department of Planning Services recommends
the following conditions:
1. Prior to recording the plat:
A. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated February 11, 2022. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall acknowledge the advisory referral comments of Windsor Severance Fire
Rescue, as stated in the referral response dated February 17, 2022. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall acknowledge the advisory referral comments of City of Greeley, as stated in
the referral response dated February 22, 2022. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0003. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
3. All recorded easements shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. County Road 64.5 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 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. If the existing right-of-way cannot be verified it shall be dedicated.
The applicant shall also delineate the physical location of the roadway. Pursuant to the
definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured
from the future right-of-way line. This road is maintained by Weld County. (Development
Review)
5. Show and label the existing permitted access point and the usage types (e.g. Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Show and label one of the two eastern
access points as "close and reclaim." Development Review will review access locations as a
part of the plat submittal. (Development Review)
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6. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services — Floodplain)
2. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone, COZ22-0003, allows for C-3 (Business Commercial) uses which shall comply
with the C-3 (Business Commercial) Zone District requirements as set forth in Article III Division 3
of the Weld County Code, as amended. (Department of Planning Services)
2. An approved Site Plan Review is required for certain Uses as described in Article III of the Weld
County Code and in some instances a Special Review Permit is required to be approved and
perfected prior to any land, building, or structure to be used, changed in use or type of occupancy,
developed, erected, constructed, reconstructed, moved or structurally altered or operated in this
zone district until a Site Plan Review or a Special Use Permit has been approved and the Site Plan
Review or Special use permit map recorded by the Department of Planning Services. (Department
of Planning Services)
3. 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)
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. 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 Codes; 2018 International Energy Code; 2020 National Electrical Code; and Chapter
29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior
to the start of construction. (Department of Building Inspection)
6. 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)
7. 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)
8. Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Development Review)
9. Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Development Review)
10. 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)
11. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
12. Water service may be obtained from North Weld County Water District or an appropriately permitted
well. (Department of Public Health and Environment)
13. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be
by an on -site wastewater treatment system (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)
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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. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1504F dated March 23, 2022 (John Law Ditch 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 by not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services — Floodplain)
16. 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. (Department of Planning Services — Floodplain)
17. 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)
18. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
19. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
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agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
State and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
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.C. and 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.
COZ22-0003 I Matchett
Page 9 of 9
October 21, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Wade Hill
700 Automation Drive, Suite H
Windsor, CO 80550
Subject: COZ22-0003 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District
On parcel(s) of land described as:
LOT B RE -4193; PT SE4NW4 SECTION 30, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 06, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January
04, 2023 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
CtUAke-j.,
Diana Aungst
Planner
Diana Aungst
From: Wade Hill <hillland1@aol.com>
Sent: Monday, December 5, 2022 9:46 AM
To: Diana Aungst
Subject: Re: Planning Commission Staff Report - revised 12/5/22
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Thanks Diana. If you have a minute I'd like to talk with you.
Marty has read and heard the concerns and is willing to accommodate as necessary.
Regards,
Wade
Wade Hill
Hill Land Services, Inc.
700 Automation Drive, Suite H
Windsor, CO 80550
(970) 396-1668 Cell
Original Message
From: Diana Aungst <daungst@weldgov.com>
To: Wade Hill <hillland1@aol.com>
Sent: Mon, Dec 5, 2022 9:04 am
Subject: Planning Commission Staff Report - revised 12/5/22
Hi Wade:
Attached is the revised staff report. I will send you the draft Planning Commission Resolution soon.
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst@weldgov.com
www. weldgov. corn
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