HomeMy WebLinkAbout20223041.tiffCHANGE OF ZONE
STAFF COMMENTS
Planner: Chris Gathman Hearing Date: October 4, 2022
Case Number: COZ22-0007
Applicant: DPR Greeley, LLC - c/o Dane Riche and Hugo Corral
2030 35th Avenue, Greeley, CO 80634
Representative Emily Tarantini, 2912 Ariel Drive, Loveland, CO 80537
Site Address: 2120 Cherry Avenue, Greeley, CO 80634
Request: Change of Zone from the R-1 (Low Density Residential) Zone District and C-1
(Neighborhood Commercial) Zone District to the A (Agricultural) Zone District.
Legal
Description:
Lot 4, Being part of NW4NW4 of Section 15, T5N, R65W of the 6th P.M.,
Weld County, CO, according to the Subdivision of Lands by the Union Colony
of Colorado
Location: East of and adjacent to Cherry Avenue; approximately 630 -feet south of East
20th Street.
Acres:
+/- 4.5 acres Parcel #. 0961-15-2-00-015
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
➢ Weld County Department of Planning Services — Development Review, referral dated July
21, 2022
➢ Weld County Department of Public Health and Environment, referral dated July 25, 2022
City of Greeley, referral dated July 27, 2022
➢ City of Greeley (water response), referral dated August 10, 2022
Colorado Division of Water Resources, referral dated August 1, 2022
Without Comment:
➢ Town of Kersey, referral dated July 26, 2022
➢ Weld County Department of Planning Services - Code Compliance, referral dated July 13,
2022
➢ City of Greeley Fire Department, referral dated July 12, 2022
➢ Colorado Department of Transportation, referral dated July 21, 2022
➢ Weld County Sheriff's Office, referral dated July 18, 2022
➢ City of Evans, referral dated July 12, 2022
The Department of Planning Services' staff has not received responses from:
➢ Greeley -Weld Airport Authority
➢ Colorado Parks and Wildlife
Town of Garden City
COZ22-0007
Page 1 of 8
➢ Weld County RE -6 School District
CASE SUMMARY:
The applicant is proposing to rezone this property from R-1 (Low Density Residential) and C-1
(Neighborhood Commercial) to A (Agricultural). Zoning was established in Weld County in 1961
(Delta Zoning), and this property was originally zoned "E" Estate in September of 1962. The
Estate regulations listed: "Farm, Ranch and Garden Buildings and Uses...provided commercial
feedyards or kennels are not maintained" along with "crop, grazing, and orchard and garden
uses" as permitted uses in the Estate Zone District. "Farm, Ranch and Garden Buildings and
Uses" were defined as: "Those buildings and structures used to shelter or enclose livestock,
poultry, feed, flowers, field equipment, dairy operations or similar uses; and those uses of land
devoted to the raising of crops, poultry or livestock — provided more than 50 percent of the
roughage type feed such as hay and ensilage for such poultry or livestock is produced by the
owner on his immediate farm owned or leased property."
In November of 1972, a 150 -foot x 150 -foot defined area was rezoned from "E" Estate to "C"
Commercial (Resolution Doc. No. 1706849) in order to operate a retail nursery. Staff could find
no record of a survey delineating the boundaries of the C-1 change of zone. A portion of the office
trailer and the existing outbuilding are located outside of the boundaries of the C-1 change of
zone. The Change of Zone boundaries delineated under a Site Plan Review was subsequently
applied for under SPR-78 for the retail nursery facility. This site plan review included a mobile
home that has since been removed from the property. The remainder of the property was
designated as R-1 in 1981 when the County Commissioners approved an updated zoning map.
At the time the zoning map was approved, there was no "E" Estate Zoning Designation. The "E"
Estate zoning designation was removed when the Weld County Zoning Code was amended in
1981 under Ordinance 89. It had been removed as a zoning category in the Weld County Code
prior to the updated zoning map being approved. The area previously delineated as "Estate" was
identified as R-1 (Single -Family Residential). This property was identified as R-1 even though R-1
zoning requires both public water and public sewer. This property was not at the time and is still
not sewed by public sewer. There was no change in use on the property that had occurred during
this time. The retail nursery facility is no longer on -site and there is an existing office trailer on -
site.
This Change of Zone was submitted in response to two violations (ZCV21-00355) and (BCV21-
00063) for operation of an existing commercial use outside of the boundaries of the existing C-1
zoned area and work being completed on existing buildings without building permits. The
applicant (DPR Greeley) is currently operating a property maintenance operation on -site that
includes parking and staging of equipment (snowplows and property maintenance equipment). In
the event that this change of zone is denied, the business and equipment will need to be removed
within 30 -days or the violation process will proceed.
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.
Sec. 22-2-30. - Land Use Goals and Objectives.
C. Harmonize development with surrounding land uses.
1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
COZ22-0007
Page 2 of 8
Similar uses are located in the area. Horse stables are located on the property to
the north and single-family residences on properties approximately 5 acres in
size (with pasture/crop areas) are located to the east. The property is screened
from the adjacent school property (Bella Romero Elementary) to the east by
existing mature vegetation.
Sec. 22-2-50. - Environmental Goals and Objectives.
A. Encourage responsible and sustainable water usage.
1. Connection to public water and sewer services shall be taken into consideration
for development approval.
The property has an existing water tap from the City of Greeley. The City of
Greeley has indicated that the existing tap can be used for commercial purposes.
Also, there is a commercial well was approved under by the Division of Water
Resources under permit # 3-24292-F. The Division of Water Resources, in their
referral response dated August 1, 2022, stated that this well would be required to
be included in a plan for augmentation prior to being operated for their decreed
and permitted uses and be the well must in compliance with South Platte
Measurement Rules before it can be operated.
There are two existing septic systems on the property. One (permitted under 6-
19760269) is used for the house and the other (permitted under G-19800170) is
for up to four (4) employees and associated with the previously permitted retail
business.
Section 22-4-10. — Comprehensive Plan Map
C. Development requiring rezoning is generally discouraged in the following locations:
1. Within one -quarter mile of any municipality.
A portion of the property is located within 1/4 mile of the Municipal Boundaries of the
City of Greeley. However, the area within 1/4 mile is not developable land, it is a
portion of the right-of-way for Cherry Avenue that has been annexed by the City of
Greeley. The nearest existing properties in Greeley limits are more than 14 mile from
this property.
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.
Similar agricultural related uses are located in the area. Horse stables are located on the
property to the north and single-family residences on properties approximately five (5)
acres in size (with pasture/crop areas) are located to the east. The property is screened
from the adjacent school property (Bella Romero) to the east by existing mature
vegetation.
The City of Greeley, in their referral dated July 27, 2022, states that the property is
located within Greeley's Long Range Expected Growth Area (LREGA). Greeley
anticipates annexation and urban development to occur in the future. Greeley
recommends that City of Greeley Standards regarding Nonresidential Development
Standards be followed and has outlined screening, storage and landscaping standards
for non-residential (commercial) uses.
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 property has an existing water tap from the City of Greeley. The City of Greeley has
indicated that the existing tap can be used for Commercial purposes. In the future, if
new/additional water and sewer services are requested to serve the property, then
COZ22-0007
Page 3 of 8
annexation into the City of Greeley will be required prior to these services being provided.
Also, there is a commercial well was approved under by the Division of Water Resources
under permit # 3-24292-F. The Division of Water Resources, in their referral response
dated August 1, 2022, stated that this well would be required to be included in a plan fo r
augmentation prior to being operated for their decreed and permitted uses and be the
well must in compliance with South Platte Measurement Rules before it can be operated.
There are two existing septic systems on the property. One (permitted under G-
19760269) is used for the house and the other (permitted under G-19800170) is for up to
four (4) employees and associated with the previously permitted retail nursery business.
The City of Greeley has indicated that sewer service is more than 400 -feet away and is
not required at this time.
Public water and septic systems are allowed for uses in the A (Agricultural) Zone District.
D. Section 23-2-30.A.4. - For zoning amendments to any zone district other than A
(Agriculture), unpaved street/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. Otherwise, the
rezoning shall only be approved on the condition that the applicant shall enter into an
Improvements Agreement prior to recording the Change of Zone plat. Such agreement
shall be in conformance with Appendix 8-N, Transportation Plan, and_Section 2-3-30,
Collateral for improvements, both of this Code. The Improvements Agreement shall
provide for the road to be improved to a minimum of 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 prior to the recording of any land use permit map or
issuance of any building permit, access permit, or grading permit, whichever comes
first, and shall be re-evaluated for compliance with any additional improvements upon
submittal of an application for a land use permit, building permit, access permit, or
grading permit. Additional improvements, if necessary, may require an amended or new
Improvements Agreement documenting additional requirements. No land use permit,
building permit, access permit, or grading permit shall be issued without review of the
Improvements Agreement.
Weld County Department of Planning Services - Development Review, in their referral
dated July 21, 2022, states that Cherry Avenue is considered adequate in functional
classification, structural capacity, and width for the potential traffic associated with the
proposed zone district.
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 property is located within the Greeley -Weld County
Airport Overlay District. No referral response has been received from Greeley -Weld
Airport regarding this application. The property is not located within a Geologic
Hazard Overlay District, Agricultural Heritage Overlay District, or a Special Flood
Hazard Area. The Greeley -Weld Airport did not provide a referral response.
2) Section 23-2-30.A.5.b. — The applicant provided a soils report from Natural Resource
Conservation Service (NRCS) that stated that the soil type, Altvan loam, is not limited
for small commercial buildings.
3) Section 23-2-30.A.5.c. — The property already is covered by existing improvements
(residence, office trailer and outbuilding) and the size of the property (4.5 acres) is
impractical for mining purposes. The A (Agricultural) Zone District allows mining as a
Use by Special Review (USR).
COZ22-0007
Page 4 of 8
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 from the R-1 (Low Density Residential) Zone District and C-1
(Neighborhood Commercial) Zone District to the A (Agricultural) Zone District is conditional upon
the following:
1. Prior to recording the plat:
The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist
for the original parcel. (Department of Planning Services)
A. The applicant shall attempt to address the requirements (concerns) of the City of
Greeley, as stated in the referral response dated July 27, 2022. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
B. The applicant shall address the requirements of the Colorado Division of Water
Resources as stated in the referral response dated August 1, 2022. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
C. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0007. (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 shall be shall be shown and dimensioned on the Change of
Zone plat. (Department of Planning Services)
4. All approved accesses shall be delineated on the plat. (Department of Planning
Services)
5. Cherry Avenue 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
o f 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-
o f-way) and the physical location of the road. If the existing right-of-way cannot be
✓ erified it shall be dedicated. The applicant shall also delineate the physical location
o f 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).
(Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for A (Agricultural) uses which shall comply with the A
(Agricultural) Zone District requirements as set forth in Article III Division 1 of the Weld
County Code. (Department of Planning Services)
B. 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)
C. Any future structures or uses on site must obtain approval through a Building Permit,
Zoning Permit or Use by Special Review. (Department of Planning Services)
COZ22-0007
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D. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
E. Water service may be obtained from the City of Greeley or an appropriately permitted
well. (Department of Public Health and Environmental)
F. Groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The Weld County Department of Health
and Environment strongly encourages well users to test their drinking water prior to
consumption and periodically thereafter. (Department of Public Health and Environment)
G. 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)
H. 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)
I. 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)
J Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Development Review)
K. This site is located in the MS4 area and is subject to the regulations of the state -issued
MS4 Permit. (Development Review)
L. The historical flow patterns and run-off amounts will be maintained on the site.
(Development Review)
M. Building permits shall 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 have been adopted by Weld County: 2018 International Building Codes;
2018 International Residential Code; 2020 International Energy Code; 2017 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..
N. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Fee Impact Program, the County Facility Fee, and
Drainage Impact Fee Programs. (Department of Planning Services)
O. 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)
COZ22-0007
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P. 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. (Department of Planning
Services)
Q. 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
o pen 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:
o pen views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract
u rban 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
o r 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
u nrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
o f residential development. When moving to the County, property owners and residents
must realize they cannot take water from irrigation ditches, lakes, or other structures,
u nless 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
o ften 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
COZ22-0007
Page 7 of 8
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. (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. The plat shall be prepared in accordance with the requirements of Section
23-2-50.D. of the Weld County Code.
4. Upon approval of the plat, Conditional of Approval 3. above, the applicant shall submit to the
Department of Planning Services 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 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.
5. 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.
6. In accordance with Appendix 5-J of the Weld County Code, should the 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.
7 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.
COZ22-0007
Page 8 of 8
September 1, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
TARANTINI EMILY
2912 ARIEL
LOVELAND, CO 80537
Subject: COZ22-0007 - 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 4, BEING PART OF THE NW4NW4 OF SECTION 15, T5N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 04, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 02,
2022 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, Ir
Chris Gathman
Planner
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