HomeMy WebLinkAbout20220292.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Maxwell Nader Hearing Date: November 2, 2021
Case Number: COZ21-0004
Applicant: Isaia K. and Krista J. Aricayos
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the
A (Agricultural) Zone District.
Legal Lot 1 of Subdivision Exemption SE -1150; being part of SE4SE4 of Section
Description: 36, T6N, R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to NW C Street; approximately 0.37 miles west of
North 21st Avenue
Acres: +1- 2.8 acres Parcel #: 0805-36-4-00-098
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
Weld County Development Review, referral dated August 19, 2021
Y West Greeley Conservation District, referral dated September 13, 2021
Y Weld County Department of Public Health and Environment, referral dated August 30, 2021
Y Weld County Department of Planning Services — Floodplain, referral dated October 11, 2021
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Y City of Greeley, referral dated August 24, 2021
Y City of Greeley Fire Department, referral dated August 24, 2021
The Department of Planning Services' staff has not received responses from the following
agencies:
Y Weld County Zoning Compliance
Y City of Greeley Water & Sewer Department
COZ21-0004
Page 1 of 7
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.
Section 22-2-10.B of the Weld County Code states: "Respecting Private Property Rights.
One of the basic principles upon which the United States was founded is the right of
citizens to own and utilized property so long as that use complies with local regulations
and does not interfere with or infringe upon the rights of others."
The ability to request a zone change on one property is permissible through the change
of zone process. This permitting process takes many factors in to consideration such as
location, what the use is and the impact it will have on the surrounding properties. This
proposed change of zone is not for business purposes but for personal reasons and the
basis of the request to the Agricultural Zone District is because the applicant plans to put
a second home on site for their elderly parents.
Section 22-2-30.C. — states "Harmonize development with surrounding land uses."
The proposed Change of Zone is located on a property that was already being utilized
for agricultural and residential uses. The surrounding properties, although mostly zoned
R-1 (Low -Density Residential), are also being used for the same purposes. Therefore,
the area will remain the same in nature and the subject property will actually be zoned
appropriately. Furthermore, the City of Greeley has designated this area has
rural/suburban in their Land Use Guidance map dated December 1, 2017.
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 Weld County Department of Planning Services sent notice to thirty-six (36)
surrounding property owners within five hundred (500) feet. There were no responses
received from any of the surrounding property owners.
The properties to the west are zoned A (Agricultural) and R-1 (Low -Density Residential).
The property directly to the west went through a change of zone process in 2013 that
took the property from R-1 (Low -Density Residential) to A (Agricultural). The property to
the east is zoned R-1 (Low -Density Residential). The property to the north is zoned R-1
(Low -Density Residential) and the property to the south is zoned R-1 (Low -Density
Residential). The uses within the surrounding properties include an office and equipment
storage permitted through USR14-0007. Other properties are used for residential and
agricultural purposes. The subject property will continue to be used for the use it has
primarily been used for which is residential.
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.
Water is currently provided by the City of Greeley. The City of Greeley in their referral
dated August 24, 2021, did not have any comments. But the applicant received a letter
dated August 3, 2021 from the City of Greeley prior to submitting the application. The
letter stated they will not require the applicant to annex at this time, but an agreement will
COZ21-0004
Page 2 of 7
need to be created for future annexation. The home on site is served by an on -site
wastewater treatment system (OWTS), G19800064. If a second home is built sanitary
service may be required by the City of Greeley per the Weld County Department of Public
Health and Environment Referral dated August 30, 2021.
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.
The applicant is proposing to access off of NW C Street. Department of Planning
Services — Development Review in their referral dated August 19, 2021 stated the access
appears to meet the Minimum Access Spacing Criteria and that the applicant shall obtain
an access permit for this location.
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. - The proposed Change of Zone is not located within a
Geological Hazard Area. The proposed Change of Zone is located in a Municipal
Separate Storm Sewer System (MS4) Area. The proposed Change of Zone is also
located in a Special Flood Hazard Area. The Department of Planning Services —
Floodplain per their referral dated October 11, 2021, is requiring to show the
floodplain boundaries on the map and has provided comments to be incorporated as
Development Standards but does not have any further concerns with the Change of
Zone proposal.
2) Section 23-2-30.A.5.b. — The proposed Change of Zone does not interfere with the
present extraction of mineral resources. Additionally, there are improvements on site,
the unimproved areas do not make for a viable mineral estate.
3) Section 23-2-30.A.5.c. — Sandy Loam soils were discovered on site. There is no
future development proposed for the site or required for the change of zone.
Therefore, there are not any concerns at this time.
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 CHANGE OF ZONE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A
(AGRICULTURAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ21-0004. (Department of Planning
Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code.
(Department of Planning Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the
Change of Zone plat. (Department of Planning Services)
4. 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)
COZ21-0004
Page 3 of 7
NW C Street is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) 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. 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)
6. Show and label the existing permitted access point and the usage type (Residential).
The access location will be reviewed as part of the plat submittal. (Development
Review)
B. The following notes shall be delineated on the Change of Zone plat:
The Change of Zone allows for A (Agricultural) uses which shall comply with the
requirements set forth in Article III, Division 1 of the Weld County Code. (Department
of Planning Services)
2. Any future structures or uses on site must obtain approval through a Site Plan
Review or Use by Special Review. (Department of Planning Services)
3. Water and sanitary sewer service may be obtained from The City of Greeley.
4. 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.
5. 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)
6. 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)
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 -1528E dated
January 20, 2016 (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 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)
FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the
start of and development activities, the owner should contact Weld County to
COZ21-0004
Page 4 of 7
determine if the floodplain boundaries have been modified. (Department of Planning
Services - Floodplain)
9. 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)
10. 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)
11. Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Development Review)
12. Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat. (Development Review)
13. 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)
14. The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
15. 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)
16. Building permits shall be obtained prior to the construction of any new building. A
plan review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Planning Services)
17. Each new building will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Planning Services)
18. 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 Building Codes;
2018 International Residential Code; 2006 International Energy Code; 2020 National
Electrical Code; and 2003 ANSI 117.1 Accessibility 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 Planning Services)
19. Necessary personnel from the Weld County Departments of Planning Services,
Development Review, 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)
COZ21-0004
Page 5 of 7
20. 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.
21. 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 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
COZ21-0004
Page 6 of 7
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.
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.
2. 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.
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the
plat not be recorded within the required one -hundred -twenty (120) days from the date the
Board of County Commissioners resolution a $50.00 recording continuance charge shall
added for each additional 3 month period.
COZ21-0004
Page 7 of 7
October 1, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
ARICAYOS ISAIA K
2434 C ST NW
GREELEY, CO 806311712
Subject: COZ21-0004 - Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
On parcel(s) of land described as:
LOT 1 SE -1 150; BEING PART OF THE SE4SE4 OF SECTION 36, T6N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 02, 2021 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November
17, 2021 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.24-65.5-1 03 (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,
Maxwell Nader
Planner
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