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LAND USE APPLICATION
STAFF COMMENTS
Angela Snyder / Michael Hall Hearing Date: July 12, 2022
COZ22-0006
Marsiela Mendez, 1828 Birch Avenue, Greeley, 80631
1828 Birch Avenue, Greeley, 80631
Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
Part of Lot 2 of the SE1/4 SE114 of Section 9, Township 5 North, Range 65 West
of the 6th P.M., Weld County, Colorado, according to the subdivision of lands by
the Union Colony of Colorado
East of and adjacent to Birch Avenue, approximately 225 feet south of East 18th
Street
± 4.7 acres
Parcel #s: 0961-09-4-00-048
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
■ Weld County Zoning Compliance, referral dated May 10, 2022
■ Weld County Department of Planning Services Development Review, referral dated June 1, 2022
■ Weld County Department of Public Health and Environment, referral dated May 16, 2022
Without Comment:
■ City of Greeley, referral dated May 25, 2022
■ Greeley Fire Department, referral dated May 12, 2022
■ Weld County Sheriff's Office, referral dated May 11, 2022
The Department of Planning Services' staff has not received responses from:
■ Weld County School District RE -6
COZ22-0006
Page 1 of 2
Narrative
The property owner has requested to downzone the property from R-1 (Low -Density Residential)
Zone District to the A (Agricultural) Zone District. According to the application, the applicant wishes
to use the property for uses allowed in the A Zone District. The property was initially zoned E (Estate)
as part of the county -wide Change of Zone (Z-23), October 5, 1962, Reception No.1391210, which
did not consider existing uses on individual lots. The lot in question appears to have been used
historically as a hobby farm. The dwelling on the property was built in 1960. Many lots to the south
are also being used in ways that are consistent with the A Zone District. Several neighboring
properties to the east and west have been rezoned to commercial or industrial zone districts, which
would also have been appropriate for the subject property. However, the applicant declined.
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.
All necessary application materials were found to be complete on May 10, 2022.
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.A Respecting Our Agricultural Heritage
Supporting the use of land in unincorporated areas for agriculture is the number one guiding
principle listed in the Comprehensive Plan.
Section 22-2-30.C. Harmonize development with surrounding land uses.
Though surrounding properties are not zoned A (Agriculture), several properties are being
used for small farms.
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 property is surrounded by all land use types. Surrounding lots are being used
residentially, commercially, industrially, and for small farms. The A Zone District is compatible
with land to the south of the property, being similarly sized and used for small farms.
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 a City of Greeley water tap and utilizes onsite wastewater treatment, which
is acceptable in the A Zone District. The City of Greeley, in the May 25, 2022, referral,
indicated no concerns with the Change of Zone. The referral indicated any development of
the property may require annexation. The Department of Public Health and Environment also
did not express concerns in the May 16, 2022 referral.
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 -ay width of sixty (60) feet...
COZ22-0006
Page2of3
The zoning amendment request is to downzone to A (Agriculture), so the criterion is not
applicable. However, the property has direct access onto privately -maintained Birch Avenue,
also known as County Road 41.8, which is a gravel road with 60 feet of right-of-way. Birch
Avenue connects to U.S. Highway 34, also known as East 18th Street. If the property is
developed in the future, the Colorado Department of Transportation will be consulted to
determine if additional improvements are needed.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable
to the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application.
The property is located within the Airport Overlay. The Greeley -Weld Airport will be
consulted should the property be developed in the future.
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.
Downzoning the property to the A (Agriculture) Zone District is not considered
development, so mineral deposits were not investigated. If the property is developed in
the future, a subsurface mineral report will be required as part of an application.
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.
Similarly, downzoning does not require a soil study. Soil limitations will be investigated
as part of a development application.
This recommendation for approval 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) TO THE A
(AGRICULTURAL) IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0006. (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 and rights -of -way shall be shown and dimensioned on
the Change of Zone plat. (Department of Planning Services)
COZ22-0006
Page 3of4
4. County Road 41.8 (also known as Birch Avenue) is a part of the Union Colony
Subdivision with 60 feet of deeded right-of-way. 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. This road is a privately -maintained road and is NOT maintained by Weld
County. (Development Review)
5. Show the Colorado Department of Transportation (C DOT) right-of-way on the
plat along with the documents creating the right-of-way for US Highway 34.
(Development Review)
6. Show the approved Colorado Department of Transportation (CDOT) access
point on the plat and label with the approved access permit number, if applicable.
(Development Review)
B. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ22-0006, allows for A (Agricultural) uses which shall
comply with the A (Agriculture) Zone District requirements as set forth in Chapter 23,
Article III Division 4 of the Weld County Code, as amended. (Department of Planning
Services)
2) The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code. (Department of Planning Services)
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
4) 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)
5) 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)
6) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Development Review)
7) This site is located in the MS4 area and is subject to the regulations of the state -
issued MS4 Permit. (Development Review)
8) The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
9) Water and sanitary sewer service may be obtained from the City of Greeley.
(Department of Public Health and Environment)
10) The parcel is currently not served by a municipal sanitary sewer system. Sewage
disposal may be 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)
COZ22-0006
Page4of5
11) 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)
12) 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.
13) 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 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
COZ22-0006
Page 5 of 6
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, sandburs,
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. 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, Condition of Approval 4 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. 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.
6. 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.
7. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone 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.
8. If a lot has an approved and recorded site specific development plan and the zoning on the lot is
changed to a zone district for which the existing use requires a Site Plan Review, the Director of
Planning Services may waive the Site Plan Review application requirement, if the following
applies:
A. The existing use of the property is not changing or expanding beyond what is allowed without
a Site Plan Review, as stated in Subsection E above; and
COZ22-0006
Page 6 of 7
B. The approved site specific development plan is in substantial compliance with the
requirements of the new zone district, including but not limited to bulk requirements, design
standards, and operation standards.
COZ22-0006
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June 7, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
MENDEZ MARISELA
1828 BIRCH AVE
GREELEY, CO 80631
Subject: COZ22-0006 - 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 2 SE4SE4 SECTION 9, T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 12, 2022 at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 3, 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,
Angela Snyder
Planner
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