HomeMy WebLinkAbout20223051.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant
DPR
Greeley
Case
Number
COZ22-0007
Submitted or Prepared
Prior to
Hearing
At
Hearing
PC
Exhibits
1
E-mail
from
Barbara
Flores
sent
9/28/2022
X
2
Letter/comments
from Barbara
Flores
e -mailed
10/3/2022
X
3
Map
X
4
Attachments
w/
Letter,
Code, Staff
Comments
X
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
II1
In
( YfJ �Y -J' .._,--/___)-
Chris
Gathman Planner
From: Barbara Flores
To: Chris Gathman
Cc: Shirley Smithson; Shiwnelliott840@grrii9.com
Subject: Re: Overlay Zone Map
Date: Wednesday, September 28, 2022 10:54:52 AM
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.
Why would you do this to our neighborhood? This is not going to be an agricultural use parcel
by any means and you know, as well as I do that Mr. Roche is only asking for Ag zoning to
get around the restrictions of R1 zoning that makes up only 11.4% of the lot and is surrounded
by Ri zoned properties. If he wanted a Commercial business site why didn't Mr. Roche go to
an area already zoned for that instead of coming here to destroy our neighborhood? This
business has increased traffic on Cherry to twice what it was. He has vehicles going in and out
all day long, 7 days a week on most weeks and they are accessing from 20th Street, not 24th
Street. Most vehicles are pickup trucks, but there are also some larger trucks and trucks with
trailers, almost no passenger vehicles. His employee in the black pickup truck regularly hits
the gas and speeds down Cherry between 20th Street and Roche's main gate. Very dangerous
on a street with no sidewalks and numerous pedestrians. The Traffic Narrative submitted is
completely inaccurate and I have a call in to the engineer to ask how he obtained his
information.
How can you have already made your decision, without neighborhood input, before the
October 4th deadline?
Barbara Flores
2045 Cherry Avenue
(970)302-0766
On Wed, Sep 28, 2022, 7:55 AM Chris Gathman <co limati r` ekigov.com> wrote:
Barbara,
We have reviewed this site as a staff on a number of occasions. Although there are portions
within 'A mile. According to our map these portions are annexed portions of roadway.
Actual physical properties to the south and to the west are just over 'A mile from the
property.
Staff is recommending approval. Ultimately the Board of County Commissioners will make
the final decision. Their hearing is currently scheduled for November 2nd but there is a
chance the hearing date may be pushed back (possibly to 11/9). In the event of a schedule
change — you will be notified.
The staff recommendation and Planning Commission Resolution are on our website. You
may be aware how to search the online records — but here is the link just in case.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
970-400-3537
From: Barbara Flores <c hbcinfo@g l.corrt>
Sent: Tuesday, September 27, 2022 3:20 PM
To: Chris Gathman <cg,athruatifam cld v,coin>
Subject: Re: Overlay Zone Map
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.
Oops. Sent before I finished. Okay, the Comprehensive Plan Map, C. says: "Development
requiring rezoning is generally discouraged in the following locations:
Within one -quarter mile of any municipality."
It appears that this parcel is just under a 1/4 mile from the Greeley City Limits. Is that what
you get?
Who makes these Opportunity Zone decisions anyway? I don't recall being contacted, as a
property owner, about this change.
Barbara Flores
(970)302-0766
On Tue, Sep 27, 2022 at 8:25 AM Chris Gathman Jail)!
Dear Barbara,
wrote:
I got your voicemail. The map that I provided you is from the Weld County Property
Portal from our website. It is based on the Comprehensive Plan map that was adopted at
the end of 2020 and is referred to in our Comp Plan. I have attached the map. It shows a
large area (the entire county and is hard to zoom in on smaller areas and does not show
lot/parcel boundaries. That is the reason why the opportunity layer can be access via
p Y zone
the property portal — so you can zoom into parcels and clearly see the opportunity zone
boundary.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
t mil n wveldgov.com
970-400-3537
Comments in OPPOSITION to Change of Zone Case #COZ22-0007
1. A change of zone from R1 to A is inappropriate, as there is no agricultural use planned for this
parcel, and all surrounding parcels are zoned R1. The use intended and currently being
exercised, in violation of the R1 zoning restrictions, is not an allowed use for this property,
either as R1 or A under Article III, Division 1— A(Agricultural) Zone District, Sec. 23-3-10. -
Intent., Sec. 23-3-20. - Uses allowed by right outside of subdivisions and historic townsites. His
application to change the R1 zoning to A is solely to circumvent regulations preventing him
from running a commercial business on a property zoned primarily for low density residential.
2. Of the total 4.55 acres of this parcel, barely a half -acre (.5165) is zoned commercial. This was
done at a time when the property WAS being used for Agricultural purposes and this small
section housed the office for a greenhouse operation. This is only 11.4% of the total parcel and
it would be more reasonable to make that .5165 acre R1 zoned, like the rest of the parcel.
3. The Traffic Narrative prepared for Dane Roche, is inaccurate, as the traffic has already increased
by nearly double since Mr. Roche started doing business (in violation of current zoning} at 2120
Cherry Avenue. Often his workers disregard the 35 mile per hour speed limit, putting local
residents who walk, jog, ride bicycles and ride horses, and school children walking to and from
school on a street with no sidewalks, in danger. The current traffic going in and out of 2120
Cherry is primarily coming from E. 20th Street to the north of the property and leaving in the
same direction. Vehicles are almost always trucks, pickups and larger, and are coming and going
all day long, not at the times stated. Often there is traffic in and out of the site 7 days a week.
On September 29 between 2:00 and 2:30pm a large 18 wheeler was observed making at least 2
round trips to the property from E. 20th Street, not E. 24th street as the Traffic Narrative said
they would.
4. Mr. Roche states blatantly in the COZ PLANNING QUESTIONAIRE RE that his reason for seeking the
zoning change is: "Rezoning the parcel to Agricultural will bring the existing contractor's shop
and office building including the parking of the vehicles into compliance with the code, both
uses which are permitted within the A zone district, as well as an accessory outdoor parking
area. This zone change will allow the property owner to continue using the building for
commercial purposes. The southern half will continue to be used for residential purposes." If he
had done his research BEFORE purchasing the parcel, he would have known that it was zoned
almost entirely R1 and that his intended use would not be allowed. Instead, and without regard
for the current residents of the area, he decided he would force his wishes on OUR
neighborhood.
5. In answer to question 3. of the PLANNING QUESTIONNAIRE, applicant neglected to mention
that there is also a residence north of his property and actually 4 residences to the west that
are impacted by Mr. Roche's commercial activities, which sometimes extend into the night. In
answer to question 5 he states "adjacent to the parcel are residential and agricultural". ALL
adjacent properties are zoned R1. His answer to question 7 is particularly disturbing as he states
"The property is located within the Weld County Opportunity Zone, encouraging commercial or
EXHIBIT
£oi 2.Z- ooa-7
industrial types of land uses." If this is so, then a horrible mistake has been made, as the
residents of this neighborhood are middle to upper class small acreage owners who do not
want ANY commercial or industrial development adjacent to their homes! In response to the
applicants answer to question 8, "The proposed land use will be of the same nature as
surrounding areas", that is not true. All surrounding areas are zoned R1 and are single-family
residential. Contrary to the answer to question 9, there has been negative impacts on the traffic
on Cherry Avenue caused by Mr. Roche's business. See my comment #3 above.
6. Regarding the PUBLIC WORKS QUESTIONNAIRE, please show me where the second access point
onto Cherry Avenue is from the parcel in question. I have found only one. In question 3 the
applicant states there are no existing or proposed access gates. One of the first things he put up
was a huge chain link gate.
7. I am being told by Mr. Gathman of the Weld County Department of Planning Services that this
area has been designated as a "Weld County Opportunity Zone". If so, I would like to know
how this was done without input from the residents in the neighborhood? What is the
requirement for such a zone to be designated, and who decided to designate our neighborhood
as such?
8. In 1872 this neighborhood included part of the Union Colony Lands subdivision. This is noted
that 2120 Cherry Avenue and the property just north of that parcel, were included in that
historic subdivision which was recorded in 1891. I have found no evidence that historic
designation was vacated.
I find it strange that a recommendation to accept this rezoning request was made and dated October
4, 2022, when I read and printed it on the 3rd of October 2022. The recommendation was also made
with NO input from the residents of the neighborhood that the rezoning would impact, even though
we were sent postcards saying that we could "Comments or objections related to the request should
be submitted in writing ...on or before the date of public hearing." I hope you will consider the
objections of those who are being forced by your recommendations to live in the immediate vicinity of
a commercial enterprise that makes our street more dangerous and sets a precedent that could ruin
the entire residential neighborhood.
Respectfully submitted,
Barbara M. Flores
2045 Cherry Avenue
rWELD COUNTY
o 7N! IIi`tif
Ma
o Tit
e
V 4t
�Y t f y -
#.. j6:-%' ' et tot .460 •--5
.■o nn S tot i _
� r±r�-. _fittLIrg •-
3,051,1
1,S2v_E-4
c ! ° — -,-
C at. Zt250
wA`'
Case: Z-23
R-1
Zeala
(4
A
■ �. s Is, 423
A Case: KEFESE
3,051.1 Feet
WGS_198,4_Web_Mercator Auxiliary_ Sphere
Weld County Colorado
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otnerwise reliable,
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Legend
Parcels
Zoning
A (Agricultural)
A-1 (Concentrated Animal)
C-1 (Neighborhood Commercial)
C-2 (General Commercial)
C-3 (Business Commercial)
I C-4 (Highway Commercial)
E (Estate)
I-1 (Industrial)
I.2 (Industrial)
1.3 (industrial)
PUD (Planned Unit Deveiopment)
R-1 (Low Density Residential)
R-2 (Duplex Residential)
R-3 (Medium Density Residential)
R4 (High Density Residential)
R-6 (Mobile Home Residential)
Highway
E County Boundary
Notes
EXHIBIT
Comments in OPPOSITION to Change of Zone Case #COZ22-0007
1. A change of zone from R1 to A is inappropriate, as there is no agricultural use planned for this
parcel, and all surrounding parcels are zoned R1. The use intended and currently being
exercised, in violation of the R1 zoning restrictions, is not an allowed use for this property,
either as R1 or A under Article III, Division 1— A(Agricultural) Zone District, Sec. 23-3-10. -
Intent., Sec. 23-3-20. - Uses allowed by right outside of subdivisions and historic townsites. His
application to change the R1 zoning to A is solely to circumvent regulations preventing him
from running a commercial business on a property zoned primarily for low density residential.
2. Of the total 4.55 acres of this parcel, barely a half -acre (.5165) is zoned commercial. This was
done at a time when the property WAS being used for Agricultural purposes and this small
section housed the office for a greenhouse operation. This is only 11.4% of the total parcel and
it would be more reasonable to make that .5165 acre R1 zoned, like the rest of the parcel.
3. The Traffic Narrative prepared for Dane Roche, is inaccurate, as the traffic has already increased
by nearly double since Mr. Roche started doing business (in violation of current zoning} at 2120
Cherry Avenue_ Often his workers disregard the 35 mile per hour speed limit, putting local
residents who walk, jog, ride bicycles and ride horses, and school children walking to and from
school on a street with no sidewalks, in danger. The current traffic going in and out of 2120
Cherry is primarily coming from E. 20th Street to the north of the property and leaving in the
same direction. Vehicles are almost always trucks, pickups and larger, and are coming and going
all day long, not at the times stated. Often there is traffic in and out of the site 7 days a week.
On September 29 between 2:00 and 2:30pm a large 18 wheeler was observed making at least 2
round trips to the property from E. 20th Street, not E. 24th street as the Traffic Narrative said
they would.
4. Mr. Roche states blatantly in the COZ PLANNING QUESTIONAIRE that his reason for seeking the
zoning change is: "Rezoning the parcel to Agricultural will bring the existing contractor's shop
and office building including the parking of the vehicles into compliance with the code, both
uses which are permitted within the A zone district, as well as an accessory outdoor parking
area. This zone change will allow the property owner to continue using the building for
commercial purposes. The southern half will continue to be used for residential purposes." If he
had done his research BEFORE purchasing the parcel, he would have known that it was zoned
almost entirely R1 and that his intended use would not be allowed. Instead, and without regard
for the current residents of the area, he decided he would force his wishes on OUR
neighborhood.
5. In answer to question 3. of the PLANNING QUESTIONNAIRE, applicant neglected to mention
that there is also a residence north of his property and actually 4 residences to the west that
are impacted by Mr. Roche's commercial activities, which sometimes extend into the night. In
answer to question S he states "adjacent to the parcel are residential and agricultural". ALL
adjacent properties are zoned R1. His answer to question 7 is particularly disturbing as he states
"The property is located within the Weld County Opportunity Zone, encouraging commercial or
a�
aerAnif&
industrial types of land uses." If this is so, then a horrible mistake has been made, as the
residents of this neighborhood are middle to upper class small acreage owners who do not
want ANY commercial or industrial development adjacent to their homes! In response to the
applicants answer to question 8, "The proposed land use will be of the same nature as
surrounding areas", that is not true. All surrounding areas are zoned R1 and are single-family
residential. Contrary to the answer to question 9, there has been negative impacts on the traffic
on Cherry Avenue caused by Mr. Roche's business. See my comment #3 above.
6. Regarding the PUBLIC WORKS QUESTIONNAIRE, please show me where the second access point
onto Cherry Avenue is from the parcel in question. I have found only one. In question 3 the
applicant states there are no existing or proposed access gates. One of the first things he put up
was a huge chain link gate.
7. 1 am being told by Mr. Gathman of the Weld County Department of Planning Services that this
area has been designated as a "Weld County Opportunity Zone". If so, I would like to know
how this was done without input from the residents in the neighborhood? What is the
requirement for such a zone to be designated, and who decided to designate our neighborhood
as such?
8. In 1872 this neighborhood included part of the Union Colony Lands subdivision. This is noted
that 2120 Cherry Avenue and the property just north of that parcel, were included in that
historic subdivision which was recorded in 1891.1 have found no evidence that historic
designation was vacated.
I find it strange that a recommendation to accept this rezoning request was made and dated October
4, 2022, when I read and printed it on the 3"1 of October 2022. The recommendation was also made
with NO input from the residents of the neighborhood that the rezoning would impact, even though
we were sent postcards saying that we could "Comments or objections related to the request should
be submitted in writing ...on or before the date of public hearing." I hope you will consider the
objections of those who are being forced by your recommendations to live in the immediate vicinity of
a commercial enterprise that makes our street more dangerous and sets a precedent that could ruin
the entire residential neighborhood.
Respectfully submitted,
Barbara M. Flores
2045 Cherry Avenue
Division 1 -- A (Agricultural) Zone District
Sec. 23-3-10. - Intent.
Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land USES, The A
(Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the
COUNTY. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and for areas for natural resource extraction
and energy development, without the interference of other, incompatible land USES.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2019-02)
Sec. 23-3-20. - Uses allowed by right outside of subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shalt be used and no BUILDING or STRUCTURE shall hereafter be erected,
structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of
SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES.
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL
UNITS or HOUSEHOLD PETS permitted in Section 23-3-70.D below is not exceeded and traffic to
and from the facility does not exceed sixty (60) daily trips.
B. Asphalt or concrete batch plant and borrow pits used TEMPORARILY and exclusively for an on -
site construction project or the completion of a PUBLIC STREET/ROAD improvements project
where the subject property is at, on, or near the STREET/ROAD on which improvements are
being made. The six-month limitation for this TEMPORARY USE may be extended in six-month
increments at the discretion of the Director of Planning Services up to two (2) times, and
thereafter by the Board of County Commissioners.
C. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.
D. COUNTY grader sheds.
E. FARMING and GARDENING, including STRUCTURES for storage of agricultural equipment and
agricultural products and confinement or protection of LIVESTOCK. Converted, partially
dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as
agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK.
F. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Article IV, Division 10, of this
Chapter.)
G. Police, ambulance, and fire stations or facilities.
H. PUBLIC parks.
I. PUBLIC SCHOOLS.
j. Sand, soil, and aggregate MINING that qualifies for a single limited impact operation under
Section 34-32-110 C.R.S. (a 110 permit) or is exempt from any permits from the Colorado
Division of Reclamation, Mining, and Safety, generates no more than five thousand (5,000) cubic
yards of material per year for off -site USE, and does not involve crushing, screening, or other
processing. An Improvements Agreement, as determined by the Department of Public Works,
may be required prior to commencement of operations.
K. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT.
L. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See Article IV,
Division 10, of this Chapter.)
M. UTILITY SERVICE FACILITIES.
N. Water tanks, agriculture -related.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code
Ordinance 2002-9; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2007-14; Weld County
Code Ordinance 2009-8 ; Weld County Code Ordinance 2010-6 ; Weld County Code Ordinance 2011-9; Weld
County Code Ordinance 2012-4 ; Weld County Code Ordinance 2013-15; Weld County Code Ordinance 2015-26
; Weld County Code Ordinance 2015-27 ; Weld County Code Ordinance 2018-05 ; Weld County Code Ordinance
2019-02)
Sec. 23-3-30. - Accessory uses outside of subdivisions and historic townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on
LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY
to an allowed USE.
A. One (1) caregiver of medical marijuana grown and sold pursuant to the provision of Article 43.3,
Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado
Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code.
B. Up to two (2) CARGO CONTAINERS in accordance with Section 23-4-1100 per LEGAL LOT of less
than eighty (80) acres. Up to five (5) CARGO CONTAINERS in accordance with Section 23-4-1100
may be allowed per LEGAL LOT of eighty (80) or more acres.
C. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or
SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a
SCREENING plan approved by the Department of Planning Services.
D. OFFICES.
E. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are
SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY.
F. Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL VEHICLE per
LEGAL LOT.
G. Up to two (2) SEMI -TRAILERS used as ACCESSORY storage per LEGAL LOT.
H. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20.
I. Swimming pools, tennis courts and similar ACCESSORY USES, and STRUCTURES.
J. WIND GENERATORS allowed as ACCESSORY USES in Section 23--450 of this Chapter.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code
Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County
Code Ordinance 2006-4; Weld County Code Ordinance 2008-16; Weld County Code Ordinance 20►09-8 ; Weld
County Code Ordinance 2010-6 ; Weld County Code Ordinance 2011-9; Weld County Code Ordinance 2012-3 ;
Weld County Code Ordinance 2013-15; Weld Coun Code Ordinance 2015-7; Weld County Code Ordinance
2017-08 ; Weld County Code Ordinance 2019-02 ; Weld County Code Ordinance 2021-09)
Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites.
No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District
on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from
the Department of Planning Services or Department of Public Health and Environment, as applicable.
A. AGRICULTURAL SUPPORT AND SERVICE, permitted under Division 17 of Article IV of this Chapter.
B. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES
permitted under Division 17 of Article IV of this Chapter.
C. AIRPORTS and AIRSTRIPS, including crop -dusting operations, permitted under Division 17 of
Article IV of this Chapter.
D. AUXILIARY QUARTERS, which shalt require approval of a certificate of compliance by the
Department of Planning Services to ensure the USE complies with the definition in Section 23-1-
90 of this Code.
E. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter.
F. Disposal of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this Code,
G. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of
this Chapter.
H. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter.
I. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter.
J. CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter.
K. Golf courses permitted under Division 17 of Article IV of this Chapter.
L. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter.
M. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8)
and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30)
birds, permitted under Division 17 of Article IV of this Chapter.
N. LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter.
O. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this
Chapter.
P. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height
permitted under Division 10 of Article IV of this Chapter.
Q. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this
Chapter.
R. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8
of Article IV of this Chapter.
S. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter.
T. SOLAR ENERGY FACILITY (5 ACRE SEF), being less than five (5) acres in size, subject to the
additional requirements of Section 23-4-10►30.
U. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in
height. (See Article IV, Division 10, of this Chapter.)
V. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
W. Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter.
X. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter.
(Weld County Code Ordinance 2019-02 ; Weld County Code Ordinance 2019-11 - Weld County Code Ordinance
2020-11 • Weld County Code Ordinance 2021-09 ; Weld County Code Ordinance 201-15)
Sec. 23-3-40. - Uses by special review outside of subdivisions and historic townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained
on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval
of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4
of this Chapter, or Article II, Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC
AGENCIES.
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL
UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility
exceeds sixty (60) average daily trips.
B. CAMPGROUNDS.
C. More ACCESSORY CARGO CONTAINERS than the number allowed by Section 23-3-30.
D. CHILD CARE CENTERS.
E. COMMERCIAL rodeos and COMMERCIAL roping arenas.
F. CEMETERIES.
G. CHURCHES.
H. COMMERCIAL RECREATIONAL FACILITIES.
I. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter.
J. EVENT FACILITIES not agriculture -related.
K. Keeping, raising or boarding of EXOTIC ANIMALS.
L. HOME BUSINESSES.
M. HELIPORTS.
N. KENNELS, subject to the additional requirements of Section 23-4-400.
O. LIVESTOCK CONFINEMENT OPERATIONS, subject to the additional requirements of Section 23-4-
350,
P. LUMBERYARDS/WOODWORKING.
Q. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of
Article II of this Chapter.
R. Open MINING and processing of minerals, subject to the additional requirements of Article IV,
Division 4, of this Chapter.
S. MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING.
T. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review, as detailed in Division
10 of Article IV of this Chapter.
U. OIL AND GAS STORAGE FACILITIES,
V. OIL AND GAS SUPPORT AND SERVICE.
W. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.
X. OUTDOOR STORAGE of PUBLIC utility -related equipment.
Y. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
Z. Private SCHOOLS.
AA. RACING FACILITIES.
BB. REPAIR SERVICE ESTABLISHMENT.
CC. RESEARCH LABORATORIES.
DD. RESIDENTIAL THERAPEUTIC CENTERS.
EE. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit.
FF. SOLAR ENERGY FACILITIES (SEF'S), being more than five (5) acres in size but less than one
hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more
than five (5) acres but less than three hundred twenty (320) acres in the Ag/Rural Area as shown
on Appendix 21-B, subject to the additional requirements of Section 23-4-1030.
GG. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accorc
Sections 12-8-10 and 23-4-380 of this Code.
HH. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review, as
detailed in Division 10 of Article IV of this Chapter.
II. TRANSLOADING.
J.J. USES similar to the USES listed as permitted as long as the USE complies with the general intent
of the Zone District.
KK. Any USE allowed by permit listed in Section 23-3-35, in conjunction with a pending or approved
Use by Special Review Permit.
LL. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV
of this Chapter.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code
Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2005-01; Weld County
Code Ordinance 2006-2; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2007-14; Weld
County Code Ordinance 2008-16; Weld County Code Ordinance 2009-8 - Weld County Code Ordinance 2010-6 :
Weld County Code Ordinance 2011-9; Weld County Code Ordinance 2012-3 ; Weld County Code Ordinance
2012-4 Weld County Code Ordinance 2013-15; Weld County C de Ordinance 2015-1 -- Weld County Code
Ordinance 2015-25 ; Weld County Code Ordinance 2015-27 ; Weld County Code Ordinance 2016-07 ; Weld
County Code Ordinance 2017-08; Weld County Code Ordinance 2018-05 : Weld County Code Ordinance 2019-
02 : Weld County Code Ordinance 2020-20 ; Weld County Code Ordinance 2021-09 ; Weld County Code
Ordinance 2021-1.53
Sec. 23-3-45. - Uses allowed by right in subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be
erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or
HISTORIC TOWNSITES except for one (1) or more of the following USES:
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL
UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility
does not exceed sixty (60) daily trips.
8, CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.
C. COUNTY grader sheds.
D. FARMING and GARDENING including STRUCTURES for storage of agricultural equipment and
agricultural products and confinement or protection of LIVESTOCK. Converted, partially
dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as
agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK.
E. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Section 23-4895.)
F. Police, ambulance, and fire stations or facilities.
G. PUBLIC parks.
H. PUBLIC SCHOOLS.
I. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT.
J. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet (See Article IV,
Division 10, of this Chapter.)
K. UTILITY SERVICE FACILITIES.
L Water tanks, agriculture -related.
(Weld County Code Ordinance 2019-02)
Sec. 23-3-50. - Accessory uses in subdivisions and townsites.
The following BUILDINGS/ STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on
LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an
allowed USE:
A. One (1) caregiver of medical marijuana that is grown and sold pursuant to the provision of
Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the
Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12 of this Code.
B. One (1) CARGO CONTAINER in accordance with Section 23-4-1100 per LEGAL LOT.
C. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or
SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a
SCREENING plan approved by the Department of Planning Services.
D. OFFICES,
E. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are
SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY.
F. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES.
G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45,
H. Swimming pools, tennis courts and similar ACCESSORY USES, and STRUCTURES.
1. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter.
(Weld County Code Ordinance 2019-02 ; Weld County Code Ordinance 2021-09 ; Weld County _ Code Ordinance
20321-15
Editor's note— Weld County Code Ordinance 2019-02 , adopted July 10, 2019, amended § 23-3-50 in its
entirety to read as herein set out. Former § 23-3-50, pertained to bulk requirements, and derived from Weld
County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance
2005-01; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2011-9 : Weld County Code
Ordinance 2013-15.
Sec. 23-3-55. - Uses allowed by permit in subdivisions and historic townsites.
No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District
on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the
Department of Planning Services or Department of Public Health and Environment, as applicable.
A. AGRICULTURAL SUPPORT AND SERVICE, AGRITAINMENT, agriculture -related EVENT FACILITIES,
AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter.
B. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the
Department of Planning Services to ensure the USE complies with the definition in Section 23-1-
90 of this Code.
C. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter.
D. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of
this Chapter.
E. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article
IV of this Chapter.
F. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter.
G. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter.
H. Golf courses permitted under• Division 17 of Article IV of this Chapter.
I. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter.
is Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8)
and sixteen (1 6) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30)
birds, permitted under Division 17 of Article IV of this Chapter.
K. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this
Chapter.
L. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height
permitted under Section 23-4-895.
M. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this
Chapter.
N. One (1) SEMI -TRAILER used as ACCESSORY storage per LEGAL LOT permitted under Division 11
of Article IV of this Chapter.
O. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter.
P. SOLAR ENERGY FACILITY (5 ACRE SEF), being less than five (5) acres in size, subject to the
additional requirements of Section 23-41030.
Q. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height
under Division 10 of Article IV of this Chapter.
R. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
S. Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter.
T. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter.
(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-11 ; Weld County Code Ordinance
2021-09 ; Weld County Code Ordinance 2021-15 )
Sec. 23-3-60. - Uses by special review in subdivisions.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained
on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL
UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility
exceeds sixty (60) daily trips.
B. BUILDINGS exceeding the maximum BUILDING COVERAGE.
C. CAMPGROUNDS.
D. More than one (1) ACCESSORY CARGO CONTAINER.
E. CEMETERIES.
F. CHILD CARE CENTERS.
G. CHURCHES.
H. COMMERCIAL RECREATIONAL FACILITIES
I. COMMERCIAL rodeos and COMMERCIAL roping arenas.
J. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code.
K. EVENT FACILITIES not agriculture -related.
L. Keeping, raising or boarding of EXOTIC ANIMALS.
M. HOME BUSINESSES.
N. KENNELS.
O. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.
P. OUTDOOR STORAGE of PUBLIC utility -related equipment
Q. Private SCHOOLS.
R. REPAIR SERVICE ESTABLISHMENT.
S. RESIDENTIAL THERAPEUTIC CENTERS.
T. RESTAURANTS.
U. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of
of this Chapter.
V. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit.
W. SOLAR/ENERGY FACILITIES (SEES), subject to the additional requirements of Section 23.41030.
K TOWERS, NONCOMMERCIAL requiring approval of a Use by Special Review, as detailed in
Division 10 of Article IV of this Chapter.
V. TOWERS, TELECOMMUNICATION ANTENNA requiring approval of a Use by Special Review, as
detailed in Division 10 of Article IV of this Chapter.
Z. Any USE allowed by permit listed in Section 23-3-55, in conjunction with a pending or approved
Use by Special Review permit.
AA. USES similar to the USES listed as permitted as long as the USE complies with the general intent
of the Zone District.
BB. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV
of this Chapter.
(Weld County Code Ordinance 2019-02 ; Weld County Code Ordinance 202Q-11 : Weld County Code Ordinance
2020-20 ; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2021-15,)
Editor's note-- Ord. No. 2019-02 , adopted July 10, 2019, amended § 23-3-60 in its entirety to read as herein
set out. Former § 23-3-60, pertained to A-1 (Concentrated Animal) Zone District, and derived from Weld County
Code Ordinance 2011-9.
Sec. 23-3-65. - Uses by special review in historic townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained
on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit
in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
A. AIRPORTS and AIRSTRIPS, including crop -dusting operations.
B. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL
UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility
exceeds sixty (60) daily trips.
C. BUILDINGS exceeding the maximum BUILDING COVERAGE.
D. CAMPGROUNDS.
E. CAR WASHES and gas stations.
F. More than one (1) ACCESSORY CARGO CONTAINER.
G. CEMETERIES.
H. CHILD CARE CENTERS.
I. CHURCHES.
J. COMMERCIAL RECREATIONAL FACILITIES
K. COMMERCIAL rodeos and COMMERCIAL roping arenas.
L. COMMERCIAL SCHOOLS.
M. CUSTOM MEAT PROCESSING.
N. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code.
O. EVENT FACILITIES not agriculture -related.
P. Keeping, raising or boarding of EXOTIC ANIMALS.
Q. FUNERAL HOMES or mortuaries.
R. HELIPORTS.
S. HOME BUSINESSES.
T. HOTELS/MOTELS.
U. KENNELS.
V. LANDSCAPING COMPANIES.
W. LUMBERYARDSNVOODWORKING.
X. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS.
Y. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.
Z. OUTDOOR STORAGE of PUBLIC utility -related equipment.
AA. Private SCHOOLS.
BB. REPAIR SERVICE ESTABLISHMENT.
CC, RESIDENTIAL THERAPEUTIC CENTERS.
DO. RESTAURANTS.
EL RETAIL/SERVICE ESTABLISHMENT.
FF. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT/ subject to the provisions of Division 8
of Article IV of this Chapter.
GG. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit
NH. SOLAR ENERGY FACILITIES (SEES), subject to the additional requirements of Section 3-1-1030.
II. TOWERS, NONCOMMERCIAL requiring approval of a Use by Special Review, as detailed in
Division 10 of Article IV of this Chapter.
A. TOWERS, TELECOMMUNICATION ANTENNA requiring approval of a Use by Special Review, as
detailed in Division 10 of Article IV of this Chapter.
KK. TRANSLOADING.
LL. Any USE allowed by permit listed in Section 23-3-55, in conjunction with a pending or approved
Use by Special Review permit.
MM. USES similar to the USES listed as permitted as long as the USE complies with the general intent
of the Zone District.
NN. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV
of this Chapter.
(Weld County Code Ordinance 2019-02 ; Weld County Code Ordinance 2020-11 ; Weld County Code Ordinance
2020-20; Weld County Code Ordinance 2021-09 ; Weld County Code Ordinance 2021-15)
Sec, 23-3-70. - Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural)
Zone District is subject to the requirements contained in this Section.
A. Minimum LOT size:
1. Thirty-five (35) acres.
2. LOTS less than thirty --five (35) acres in size.
a. Created prior to September 20, 1961, prior to Weld County Subdivision Regulations;
b. Created between September 20, 1961 and August 30, 1972, in compliance with the Weld
County Subdivision Regulations;
c. Created between August 30, 1972 and December 15, 1992, in compliance with the Weld
County Subdivision Ordinance;
d. Created between December 15, 1992, and December 28, 2000, in compliance with Weld
County Subdivision Ordinance No. 173; or
a Created after December 28, 2000, in compliance with Chapter 24 of the Weld County
Code.
B. Minimum SETBACK: twenty (20) feet. Roadside stands shall be located not less than fifty (50) feet
from any PUBLIC RIGHT-OF-WAY.
C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT,
whichever is greater.
D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number shown
in the table associated with the definition of ANIMAL UNITS set forth in Section 23-1 -90 of this
Code. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS
of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species, except
that on a LOT of at least ten (10) acres and not in a SUBDIVISION or HISTORIC TOWNSITE the
owner or occupant shall be permitted to keep or maintain up to eight (8) HOUSEHOLD PETS of
one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species, and up to thirty (30)
birds.
E. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any
TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-
five (25) feet of any plugged or abandoned oil and gas well.
F. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored
lights may be used which may be confused with or construed as traffic control devices.
G. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES exceeding ten percent (10%)
shall be reviewed internally for compliance with the drainage regulations of this Code. BUILDING
COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed the following without an
approved Use by Special Review allowing more coverage or without an approved and
constructed stormwater management plan for the SUBDIVISION or HISTORIC TOWNSITE that
allows a specified coverage in excess of the following:
1. Forty percent (40%) on LOTS six thousand square feet or less (≤ 6,000 SF).
2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand
square feet (> 6,000 SF) up to one acre (s 1.0 ac) according to the following formula:
Maximum BUILDING COVERAGE = (-0.149 x In(LOT acreage)) + 0.1.
3. Ten percent (10%) on LOTS greater than one acre (> 1.0 ac).
(Weld County Code Ordinance 2019-02 ; Weld County Code Ordinance 2020-16 ; Weld County Code Ordinance
2021-09 ; Weld County Code Ordinance 2021-1 )
WERNSMAN
ENGINEERING ANT)
LAND
DEVELOPMENT LLC
April 13, 2022
Weld County
Development Review
155517' St
Greeley, Co 80631
Re: Traffic Narrative Dane Roche Property at 2120 Cherry Ave Greeley CO.
To Whom it May Concern:
Eric Wemsman
P.O. Box 105
LaSalle Co 80651
The project site is located at 2120 Cherry Ave Greeley Colorado. This project involves bringing
an existing site in to compliance with Weld County Code. There will not be any new traffic
generated above existing conditions. There is an existing single family residence and a
maintenance service currently using the site
The site will generally have a maximum of 5 round trips a day to the site with passenger cars
and/or pickups. A pickup with a trailer may make round 4 trips to the site a week. There will be
no semi traffic or tandem truck traffic to the site. The highest occurrence of traffic to the site
will be during snow storms by pickups with snowplows. It is anticipated that the single family
residence will generate approximately round 5 trips a day to the site with a passenger vehicle.
The owner believes the peak hour for traffic in and out of this site will be from 5:30 AM to 6:00
AM and 4:00 PM to 4:30 PM as employees are coming to and leaving work.
The owner anticipates that 90% of the traffic will leave to go south to Cherry Ave. and then
west on 24Th St to 1'Avenue. The other 10% will leave going north on CherryAve. The
returning trips will follow the same paths just in the opposite direction.
Please feel free to contact this office with any questions.
Cell #970-539-2656 or my email address is ejwerns25@gmail.com
Sincerely,
Eric Wernsman
Reception
Rec Date
Type Grantor
Grantee
Doc Fee
Sale Date Sale Price
01838529
02323949
09-25-19%2
07-31-1987
WELD
COZ COUNTY
ZONING
WELD
COZ COUNTY
ZONING
SPR
10-21-1980 AFFD
CASE: Z-
207
ZONING C-
1
SITE PLAN
REVIEW
03-04-1993 SWDN
2482674 03-26-1996 WD
.�. . .n1 _.. Ua • aSI
2500139 07-09-1996 OTH
3076886 06-25-2003 DTHC
v
I
3724180 10-08-2010
39743
i
4062119
PRD
4
CASE: Z-23*
ZONING R-
1
SPR-78
NAMBA
CHARLOTTE
M&
NAKAGAWA
JOSEPH Y &
MACHIKO M
NAKAGAWA
JOSEPH Y &
MACHIKO M
NAKAGAWA
JOSEPH Y
SUB SUBDIVISION
»s..«sEras...nIrMil ...
I
11-17-2014 WD
4560047 01-21-2020
4761997.
10-01-2021
.f--�.�Ye!-1-..
WD
COPELAND
MILFORD L;
COPELAND
MARGARET L
MILLER
PERRY O;
MILLER
PATRICIA L
RANGEL
ANSELMO
CORDERO;
CORDERO
ANGELITA
r
NAKAGAWA
JOSEPH Y
& MACHIKO
M
NAKAGAWA
JOSEPH Y
0.00
0.00
0.00
0
0
0.00 01-01-1900 0
COPELAND
MILFORD L
UNION
COLONY
LANDS
MILLER
PERRY O;
MILLER P
PATRICIA L
RANGEL
ANSELMO
CORDERO;
CORDERO
ANGELITA
DPR
GREELEY
LLC
0.00 03-02-1993 0
*If the hyperlink for the reception number does not
work, try a manual search in the Clerk and Recorder
o ec or ds.. Use the Grantor or Grantee in your search.
11.00 03-22-1996 110,000
r
0.00 07-02-1996 0
0.00 05-22-2003 0
11.90 10-05-2010 119,000
0.00
9.38 11-14-2014
43.00
0
93,800
01-17-2020 430,000
so.00 09-30-2021
•-••-nsem44-.10E-4
600,000
•
a -
•
•
•
QV
I,
4
r
,,peRecorder(
I
•
•
i
•
---re navy.:
.i
JUL PARR BY TWR P RS tS; - Thgt The Union uo
�t')
o, hemp e o ra. ;final o , o f the l ands f4)
at of the Colony lands , .se)
laid out by '' e,' nion
eress ofedqcdorado, and fib.- in the off*iot the Clerk
19- o .�er of Weld Cot Colorado t %See nth day -ti !‹
D. 18''2, Rilefiavinpi heretofq4,1 while such o r
anal the same to h M1neyr d l a;S d and slibtilvi
. c lots , math; �-Atd aI l ets as i, on rivreserflElit doth
Nc
j3Jfornbv state ari-j-insake known t.h he said sl;bd i - ; ~ on.s as
sheen' on t,1 comcanvin� P 1 Pre made qit he f -r¢° con-
.
! w
. ..Shs tsit
; e
VT.
wn
5
sent and jftccordance i t 3' e desire of f said 'The
fp$e,n ` n of Corlorad ;and "that the Sial streets, roe
and .,,4 t; thereon r .- -Lse t.ed are i -- cordance with < .
• of enti n �o?the said Col ereb ded1ca a `too
o final � �. o �� �` 3� p /0®
yjfhe ubi use, ra`d said co ra n does hereby 3 'sect y.:
_ i ,
that this ce t (sate be attache plat
to said t . that the a% cc9same be t4c 4 ed in a the titled**, of The UmTh+4
Weld Coitnt.y- .
#e*
ett er presorCr\t>
`"
on.
ITITP,Sgv131P7D. the said The . `fin I.:oton% of
ark and aS
Kie>
(r
46 by orde:4recofiejitt bnard of z IL uwit e at a mentin aid
the. eioreeTi Lw of. 4� 1891 has i..j sed its
of7 kro it 4 •
corporate n ,to► be affixed i ed . et and this ' rrir en tt
,e� e to
be Qa m ed its Ir., s ident :-f d its co rpo r seal to be , a
4ffixed4i- trt' �" by its secre this.d.
day o -- r D. 1891.
e "'"
•
Attest
S
•
• •
•
s
•
arr P!e — a _•
-
I
4 1,f
aaaracalei_StearTh4
(IL
bcretary.
a _
•
•
•
", .4
.‘‘et
•
4a �
C14
NAsid exit.
In 'is_
•q\s
‘es
ad;
11.
re a a
J
11.4
•
•
S
•
a�
•
4$'
•
.
�O
•
Stfite6f Colorado,
my 'of Weld,
•
•
s<lt
o
o a cc t
ty o t,h 4f,ate "foresaid. h _..aw certif
Sy>
thatraen T. West an o e W. Ouri e t
resident and sec - ry of The Unio o cony of Color ��4.14 4. , a
Qo oration , wh re personally ]ern to me to be per-
sons whose - are subscriboak the annexqd t
+rent
of writhas saidfice E . fs ,�. of o said c�rporon, and per
sanitil r ' own to me to4.3
such officers peared before
me t +�r day in p song ac.knowl 9ged t f they, as such
9$icers, si ed - 'eat dI � � e and deli .d the said �nE���
-t ent, di writing : the free and v tan act cf s -li'he
(C Union Coionv ; Coioitado, for uses and that pu R. therein
stt forth the sea Stf ixed to said r -r tr i men
�►..44:\.
J.\ � t, is
the co to seal of sa c o rpo ration , a
Altai'
._-•
strilni.0 of writing w rts-Atretetitsid. pursn
mir,‘ board of trusty
ea
r
w
•
+,h'reo f and Piny authorized.
a ike).°)4
(6,
.iic,-in and
Give der my hand fotarial seal
day of p ; A.D. 1891.
• o it ssion expi
0ey?
0\
Ab
1
•
•
..��--�-- -- •
ect\i.
f 5
d
I
i
•
•
:that, said in-
to efi l ffi r o
"
i
•
•
• I
•
•
��+ g/ �q
d• . t a mo 1' Neati W
s •P M . CCC�►►
rot
/r •i:•r a•!
1
aW r 4 sidbit
llTII..%
1 A* Asae
Owe 470640.4.eatatelfs AL* dAna #44r
I'•Ar•4 III ha I'a ist.. :iw.i•
a41`«�
t.,
e. p 4R��yg elrh>rts •«'S 4Lg ,
+me, •4C* 1171, els it+..• 4'4 1..t11 La ,itradmestit tat At fialia*04. 4•...‘ ato. mot �
444 id 4Arry, � �+ t�lkr,�,. awe � tdf•Y- tipsS
s.a, *ma i• mast
awaol. it tw tt era Ai nit '
hte
4? ? tMuy'ag, Law t � �.i'•
•c.
•
at Vas a " ,1 :6,14,' k�• ,,
i m•4.« teaio +A' t daIeI., OF •
/44 4 J1* ON.10 rt•e, 11.?
ar1'' rt*•.+ r a� r 'awtt ' to e , 4 L ' et
•rye• or+ag•4s •fir° liationikt r1ra 4r rgr
a1 t rata IV « s lit
104 &Wain
arrIsits dkrtsa deskcra,2 Stamizar
I
li•414;4014 SAS 4•1 datik• 4:41•4 •i'+ " `'�"1 bait" 4, osSo at Mrs& 7 d •
&
t%d I�r ,t• r i°r�r1 Ms$$ s. !Caner A t.. , Ely Et
11 Asa 404444/440444 Mw4shwr Ju*, 4 4 frw ...4 4 444L
1"`I ' al "r;* ' I+rr'at• ofer Al•k., dot Await 4h4,4*4h4,4*r, IL Ilk 14411441 4‘414 & $a. f j, *4w L d
el s 40 a.:4t i�« � ae" i� rr k�Y +•
d4 4:4164,4 its
I iv r+dM Lrte '�ask ran
, { � jOv
II., Aso eC1 ,t ..I;r•., Iar #sMrriir;t4I .—Jubp'.• apstarAg. ;�- .' ►«
r oab stag, ..d 444.4,rlhi. ` �t
.Raiiiiibmissip all
Awl *.s. I a klia ir.el S t7
Mir =�;►�,0,4
ray.l 11 . .-•.•. •0••• .1400
•
DAN
I
ft
r
.•
.
•
O.
•
e
alit -imager/4,I
"a Snit & -
Stint Air r*+t a I „
mom R i Ay h
tL r' • • I!i• SNIP
•l
n
>
, op Akar
•r
•� " 1
ry '
0
•
w
} It •
I 1
N.•a.r .-f:o •
•
t,
Na0,4: M t
Y. J.rr,.
ha
r
s,.I
1
I'
•
SOO
•r
•
SO-
•
•
•
41
n
I
4
i
4.
•
•
I
•
r9I, r;/t
4i hi
"p
goh
okt. •td4
• S
/
«
�} fh a1.
44
#la CO.
•
'4 -I WNW ,.Ils'. -t•►r• . e••
•
•
•
r
s
•
•
•
•
e•
(• ' L I it ti'Agats, v. Whitu.. • n$ IIR.A.
• ,i •«•s/
t • •� ']f. •.mod 4M.
4 ♦st a.,' r •I,
• Dw ID
I
•
Jib
omateans-1
=.may - S - -
•
took lea
It
al
•
I
•
GI. Th.,
CO LAWS Arno.,
as lona, sot
tit 'ate Colons •
C 01:0vt :coo:
E
mare:tataireprat4 *wain.
•
-•
•
• 1I
rra.. !m► 1 • 11i1 .-110$4.‘•••••• role - 'r•11IIMISSatmaallasis4,
;r
.y
• 4
1
S
.• II
•
d
a
M4
• 4 NA* J •
• • .9
•
I
b
• •I
4. •
maa AP" Iraq,
a!- a ...Na_
e
•
Rim. rr► ro
4‘,1/4. 4A. ••Al
ANA 4.4
•
kePtREMcg1
it Warn & fi.Mk it I MO,
Y '
M S •
• �.
Ginty tie •
&One% Li in. •
tS
a.
,
t
•
.• Ill$1••••7•44#114
I
li ••••••••
• ` • • .I••I•f♦•
•�
it? .A . •.O•«.
• , i • • • e
• •
• .
Smut, •I 6.E.IIIII ii II
.4 tut, j "
r.
as ei *Q9,,.4040
i64441.0% A ilsiia04 Ott 110$1 SW ins
41•41.144...,, �t�y .
• ' 5.1.11.4 •• frr* file«
•
•
1
I
•
•
3
I
F ..NaJlwc
•,•
Amy eat
•
S
da
«_T--- rale
4
4
,
F
4
•
I
,r
•''
ish
dis
IMPS ti� 0•'t�r...4
TIC•• n tt►lA 1
Iy ►s ..atr. Oa dot Me
INIOS F,.. ' ' L 111 a lik * •
.girls •t _ r , , 4:44.4:4 • 17. MA.
tr1 , a •vet. S..d.
INS Nib.44. mi.
•
i
I
•
•
•
4
� r w
•'t
'w
I
a
•
•
•
•
I
r
e.
Eti
a •
,
ei
ilitita
•
1
k
r
1 %
i
w •
E
S. *
i
:
1
,3w*
a4e
rni "-These
*retie'
AdM Nvo
J }t
may'
fir,- IIN% INK 4 !
r
•
awe
Latta Asa, lajW*'
Haan
airreismiaala•
"PEA
:$4 AP
OF THt
GOO ttre "N.
Al LAID OUT WY •
UN JON' COLONY
Of
COL 0 aA010
erld
) ecru. s 40 ON IN. ' 61,41 H.
-'4i-1—
M .war
tgelel
era
•
ipla
rear
eW ' $1* i errt,S'!�
t.
era NO*
Patie
ASK WA
•
iA
1
In
mot
tit
Aim* $KiSA nap el WPN
I1 01
i + ■
N Q'•
ff.�
tot? YAa -'i • 1 II* al r� /4 a
844li ala► Mt n. a 9 ale a a alas
lie, Mire 49sav 44 04 0110 :4001' 00 PI �,ilavese• d44 440
. • s: � w,r*' . /' . �/ if #ar / ,rt } i 0►Ir+ .4 J f.0 h :a . 4 1/ 3rei a 1a4 ili, a tt4 le r de
�. Yaa tt, t�er .' • �'4vnI4 flly i4. •l�r#{.btd't� Ai At 1r9/ iti eas°��an's' k't r r.......
!k
t . .. It .
!g
4.41=Of WS
n*
Irks
it I.1/494,40a.
0 a • ITT T
L I r'r MnaJl
AO a " a c i. SS 4 S
N „ in
6a �_.. Seek ! 4
02.
ti j,ap L 4 ♦ .
M4Q ;'4 4"
t
Fats
e it,
4
Patsofi,..1y
-I-
l
is Nip
'4 i .
a
a:
4
i
4.1
4
1'
•
l
I
J
M
S
t
•
s%4P 4%4
•
•
•
I
•
▪ ••
�_
•
iis
t
a
•
6
•
4
s
•
CO s�
s
•
lb
•
i •'
r • -
•
i
•
•• •
1.4454?
.x _ .�i- • Il ; .
• Ma BY THESE �
► • `,'off �• �' " �o oy O1
- _ owner o fit/� s� On
do : being �.he flaLiiand8
• of -the Cot ny lands as 1014
by The Union
of. Col.do, and filed in, r' of;ice -61 the. ci ,
j, •
40
i . TIttfite--
�. frit- .�_ _�.�_•41 t the said et l . of J6 to i ado r*
ire in air
it h%\®.
said o i on cated? to
� .nteettiorit of
bpuli use, an�. � �corporation d�ifbereby direct
that *lir rti if' be attached . , and-
.
I
SI
—
•
• •
S
r
•
CO
t
d
I
esto d se
kcS6a* t a atilte
• t a
•
•
St
- L
-
-z- : aale
,4;
S....
•
i• l +Wale
;.
• „ • at, •* - f
•
•
IN kir-
•
•
v
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17Th AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
I, (We), Dane Roche
give permission to Emily Tarantini
(Owner — please print) (Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
2120 Cherry Avenue
Legal Description: 12443 L4 N W4N Ar4of Section 15 , Township 5 N, Range 65 w
Subdivision Name: n/a
Property Owners Information:
Phone: 970-356-6900x 112
Applicant/Agent Contact Information:
Lot Block
E -main: troche@pbroche.co
Phone: 303-585-1055 E -Mail: tarantini.emily@gmail.com
gmail.com
Email correspondence to be sent to: Owner _,a_ Applican#lAgent_Both
Postal service correspondence to be sent to: (choose only one) Owner �_ Applicant/Agent _EL
Additional Info:
Owner Signature:
Date:
2-24-22
Owner Signature: Date:
Cot -PLANNING QUESTIONNAIRE
Z. Describe the purpose of the proposed Change of Zone.
The property currently contains a residential home on the southern portion and a metal garage/shop on
the northern portion. The property owner wishes to rezone the entire lot containing both the shop
and existing residential home to the Agricultural zone district to allow for a Contractor's Shop use to
continue on the site.
2. Describe the current and previous use of the land.
The site is currently being used as residential on the south side, while the northern half is used for
storage of the fleet vehicles. The site appears to have been previously used for residential and
outdoor storage for a variety of equipment and vehicles (Rv's, farming equipment, vehicles, etc). The
site has since then been cleared by the applicant.
3. Describe the proximity of the proposed use to residences.
There are 2 existing residences across Cherry Avenue and a 3rd residence south of the subject property.
4. Explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or
how the proposed rezoning will fit with what the applicant perceives as the changing conditions in
the area.
Rezoning the parcel to Agricultural will bring the existing contractor's shop and office building
including the parking of the vehicles into compliance with the code, both uses which are permitted
within the A zone district, as well as an accessory outdoor parking area. This zone change will allow the
property owner to continue using the building for commercial purposes. The southern half will
continue to be used for residential purposes.
5. Explain how the uses allowed by the proposed rezoning will be compatible with the
surrounding land uses. Include a description of existing land uses for all properties adjacent to the
subject property.
Existing zoning surrounding the property is R-1. Land uses immediately adjacent to the parcel are
residential and agricultural, many of which appear to have accessory buildings similar to a barn, shop
or storage buildings similar to the subject property.
6. Does the soil report indicate the existence of moderate or severe soil limitations? If so, detail
the methods to be employed to mitigate the limitations for the uses proposed.
The soils report has been attached for review and shows that there are no limitations.
7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter
22 of the Weld County Code.
The property is located within the Weld County Opportunity Zone, encouraging commercial or
industrial type of land uses. The proposed land uses on the site are consistent with the comprehensive
plan.
8. Explain how this proposal will be compatible with future development of the surrounding area
or adopted master plans of affected municipalities.
The proposed land use will be of the same nature as surrounding areas and no future development
or construction is proposed on the site at this time. The proposed use and land use applications are
consistent with the Comprehensive Plan I Weld County Opportunity Zone.
9. Explain how this proposal impacts the protection of the health, safety and welfare of
the inhabitants of the neighborhood and the County.
There will be no negative effects to the health and safety of the neighborhood as the use and site
will remain as -is, the requested rezone Zpag is simply a means to rectify split zoning that exists on
the parcel.
26. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is
located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay
Districts). or a Special Flood Hazard Area identified by maps officially adopted by the County.
The property is located within the Historic Townsites and Airport Overlay Districts. However, because
there is no proposed development on the site and all structures are existing, code requirements
related to building height and land uses will comply with the code standards.
COZ - ENVIRONMENTAL HEALTH QUESTIONNAIRE
1. Discuss the existing and proposed potable water source. If utilizing a drinking water well,
include either the well permit or well permit application that was submitted to the State Division
of Water Resources. If utilizing a public water tap, include a will serve letter from the Water
District, a tap or meter number, or a copy of the water bill.
The property is currently being serviced by the City of Greeley Water. There are 2 wells on the
property, both of which were inspected during the purchase of the property. Water bills have been
attached and well permits attached for reference.
2. Discuss the existing and proposed sewage disposal system is on the property. If utilizing an
existing on -site wastewater treatment system (OWTS), provide the OWTS permit number. If there is
no permit due to the age of the existing system, apply for a permit through the Department of Public
Health and Environment prior to submitting this application. If a new OWTS system will be installed,
please state "a new on -site wastewater treatment system is proposed." only propose portable
toilets if the use is consistent with the Department of Public Health and Environment's portable toilet
policy.
There are (2) existing septic permits on the property. It appears as though one is for the house and
one is for the office. A copy of the permits are attached.
COZ - PUBLIC WORKS QUESTIONNAIRE
1. Describe the access location and applicable use types (i.e., agricultural, residential,
commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel.
include the approximate distance each access is (or will be if proposed) from an intersecting county
road. State that no existing access is present or that no new access is proposed, if applicable.
There are currently 2 vehicular access points into the site from Cherry Avenue, located
approximately mid -parcel. The southern access point appears to service the residential use, while
the adjacent northern access point serves the contractors shop and office.
2. Describe any anticipated change(s) to an existing access, if applicable.
There are no changes planned for the access points.
3. Describe in detail any existing or proposed access gate including its
location.
There are no gates planned at this time.
4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the
opposite side of the road. Include the approximate distance each access is from an intersecting
county road.
There is an existing access point directly across the road from the 2 existing access points on this
parcel. The parcel to the south has an access point 500' away. The parcel to the north has an access
point 800' away.
5. Describe any difficulties seeing oncoming traffic from an existing access and any
anticipated difficulties seeing oncoming traffic from a proposed access.
There are none. There is about a quarter of mile of visibility in each direction.
6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in
the vicinity of an existing or proposed access.
There is a horizontal curb about a quarter of a mile to the south.
7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the
vicinity of an existing or proposed access.
There is little grade change within a quarter mile to the north and south.
DPR Greeley, LLC
Katherine A. Roche
DPR Greeley, LLC
2030 35th Ave. AA
Greeley, CO 80634
April 20, 2022
Weld County
Greeley, CO 80632
Dear Weld County
This letter is to inform you that William Dane Roche of DPR Greeley has permission to
sign and/or act on their behalf.
Sincerely,
eaut„., (2,6,4„
Katherine A. Roche
DPR. Greeley, LLC
CHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE:
AMOUNT $
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
PROPERTY INFORMATION (Attach additional sheets if necessary.)
is the properly currently currentl in violation? iNo /
p
Site Address: 2120 CHERRY AVE
Parcel Numbers: 096115200015 _
IMP
•
Yes Violation Case Number:
40.
-
Insert text here
Legal Description: 12443 L4 NW4NW4 15 5 65
Section: 15 , Township 5N N, Range 65 W # of Lots: 1 Total Acreage: 4.6477
Floodplain: No II Yes Geological Hazard: En No / Q Yes Airport Overlay: []No / Ffres
REZONING
Existing Zone District(s): R-1 & C-1
Proposed Zone District: A - Agricultural
PROPERTY OWNER(S) (Attach additional sheets if necessary)
Name: Dane Roche & Hugo Corral
Company: DPR Greeley LLC
Phone #: 970-356.6900x112 Email: droche@pbroche.com
Street Address: 2030 35th Ave. Suite A-1
City/State/Zip
Code: Greeley, CO 80634
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent)
Name: Emily Tarantini
Company:
Phone it: 303-585-105 Email: tarantini.emily@gmail.com
Street Address: 2912 Ariel
City/State/Zip
Code: Loveland, CO 80537
! (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. if the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
Signature
Emily Tarantini
Liercannitti,
5/20/2022
Date Signature Date
Print Print
Weld County Treasurer
Statement of Taxes Due
Account Number 83391086
Parcel 096115200015
Legal Description
12443 L4 NW4NW4 15 5 65
Situs Address
2120 CHERRY AVE WELD
Account: R3391086
DPR GREELEY LLC
2030 35TH AVE STE A-1
GREELEY, CO 80634-3921
Year
Tax Cha yle
2021 $2.123.94
Total Tax Charge
Tax Interest
$0.00
Fees Payments
$0 00 ($1.061.97)
Balance
$1.061.97
$1.061,97
First Ilaif Due as of 03/07/2022
Second Half Due as of 03/07/2022
$0.00
$1.061.97
Tax Billed at 2021 Rates for Tax Area 0693 - 0693
Authority
WELD COUNTY
SCHOOL DIST 1/6
NORTHERN COLORADO WATER
(NC
CENTRAL COLORADO WATER
(CCW
CENTRAL COLORADO WATER
SURD
WESTERN HILLS FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
WEST GREELEY CONSERVATION
Mill Levy
15.0380000*
50.5960000
1.0000000
1.4040000
2 1890000
10.0850000
6.3420000
3.1 970000
0.4140000
Amount
$353 86
$1,190.52
$23.53
$33.04
$51 50
$237.30
$149.23
$75.22
$9,74
Weld County Treasurer's Office
1400 N 17th Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Values
SINGLE FAM RES -
LAND
SINGLE FAM RES-
IMPRO'VEMTS
Total
Actual Assessed
$132,520 $9,480
$196,507 $14,050
$329,027 $23,530
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer, are evidence of the status as of this date of all property
taxes, special assessments, and prior tax liens attached to this account.
Current year's taxes are due but not delinquent.
Sign+ • L' _
•
Date: 31. ZO21
Weld County Department of Planning Services
_ ,_ t man(O)r�velc c m
970-400-3537
From:
To:
Cc:
Subject
Anne Wit -Johnson
Cbrls cathmari
RE: PRE21--0344 located in Kersey and Evans 1E►
Monday, January 17, 2022 11:24:31 AM
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.
Hello. This is outside the City of Evans long-range planning area. No comment from the City.
Sincerely,
Anne
From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Monday, January 17, 2022 11:15 AM
To: Anne Best -Johnson <ahjohnson@evanscolorado.gov>
Cc: Chris Gathman <cgathman@weldgov.com>
Subject: FW: PRE21-0344 located in Kersey and Evans IGA
i
CAUTION: EXTERNAL EMAIL
Anne,
Good morning. Please see attached. Have a nice week.
Sincerely,
Tom Parko
Director, Dept. of Planning Services
Weld County
From: Chris Gathman <c t luldn w orn>
Sent: Monday, January 17, 2022 10:03 AM
To: Tom Parko Jr. <tparicaP weIcij com>
Subject: PRE21-0344 located in Kersey and Evans IGA
Dear Tom,
We held a pre -application meeting with DPR Greeley on Friday 1/14. This is located within the Evans
and Kersey IGA boundaries.
Regards,
Chris Gathman
Planner III
f
Notice of Inquiry
Development within an intergovernmental Agreement
Urban Growth Boundary
Pre -application Case #
Date of inquiry
PRE21-0344
1/14/2022
Municipality with CPA or IGA
Town of Kersey
Name of Person Inquiring
Property Owner
Planner
Dane Roche/Hugo Corral
DPR Greeley LLC
Planner Phone Number
Planner Email Address
Legal Description
Parcel Number
Nearest Intersection
Type of Inquiry
Chris Gathman
970-400-3537
cgathman@weldgov.com
Lot 4 Union Colony; NW4NW4 of Section 15, TSN, R6SW of the 6th PM
0961-15-2-00-015
Cherry Avenue and East 20th Street
Pre -Application to change/expand zoning to allow on -site commercial
vehicle storage/staging (Contractor's Shop). Current Zoning of Property is
R-1 and C-1.
The above person met with County Planning staff about developing a parcel of land inside your
designated 9 Agreement/Coordinated Intergovernmental A reement/Coordinated Planning Agreement Boundary. In
accordance with the 1GAf found in Chapter 19 of the Weld County Code, the applicant has been
ie of the IGA and the County will not accept an application for development sooner than 21
notified
days from you the date they contact unless this signed form is returned with the box checked
below you indicating do not wish to pursue annexation at this time. You are asked to sign below
to acknowledge that the applicant has contacted you.
Date of Contact with Municipality: _ elty/ Zen Z
e are not interested in pursuing annexation with this applicant at this time.
0 We request 21 days from the date of contact to pursue annexation with this applicant.
� Y
7
en -717 - z2 z t
Signature of M nicipality Representative Title Date
Weld County Planning Department
1555 N 17d' Ave, Greeley, CO 80631 (970) 400.6100 a- (970) 304-6498 Fax
May 31, 2022
Chris Gathman
Weld County Department of Planning Services
1555 N 17th Ave,
Greeley, CO 80631
Request to waive Mineral Impact Statement
Dear Chris,
We would like to request a waiver of the application checklist requirement to provide a
Impact Statement with the application to rezone the property located at 2120 Cherry
Avenue. The site is small at 4.5 acres and will be used as -is, there are 6 structures
(including sheds) spread out within the entire parcel, all to remain in current location. No
new construction is being proposed on the site and business operations will be
conducted within the existing buildings/structures.
Emily Tarantini
In regard to the mobile trailer on premises at 2120 Cherry Ave, Greeley, Co 80634,
To Whom it May Concern:
The current mobile home sitting on the property has not been moved and is the existing one from when
we purchased the property in October of 2021, we are not aware of the mobile home being moved or
adjusted prior to us purchasing the property. Improvements we have made since our purchase include
applying a coating of exterior paint to the mobile trailer and all other permanent structures on the site.
Please let us know if there is anything else we can provide you with.
Thank you,
iL<2L,t,, gic,t-„,_
Katherine A. Roche
Application Review Notification Card
A public hearing will be held before the Weld County Planning
Commission (PC) and a subsequent hearing will be held with
the Board of County Commissioners (80C ). Both hearings
will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. Please note the
hearing dates and times listed on the other side of this card for
the proposed project. The Agenda will be posted one week
prior to the hearing. The hearings will also be lave -streamed at
ttps:llwww.weidoov.comidepar rnQnts/ rrmissioners0
If you would like more information regarding this proposal and the conditions that must
be met, the file is public information and is available for review at our office. You may
also view the file online at httos://acceia-aca.co.weld.co.usic t zenaccessl byinserting
the case number. Comments or objections related to the request should be submitted
in writing to the Weld County Department of Planning Services, 1555 N 17th Ave,
Greeley CO 80631, on or before the date of public hearing.
Ail cases scheduled before the Planning Commission are subject to continuance, due to
lack or quorum or otherwise. Contact the Department of Planning Services at 970400-
6100 or email octechs weldaov.com for hearing continuance information.
A r TEN ION: Proposed Conditions related to this Site Specific Development Plan and Use by
Special Review Permit request including, but not limited to, the MI177bet of allowable employees,
hours of operation, screening, and number of allowable vehicles and vehicle trips are subject to
change or removal at both the Planning Commission and Board of Commissioners hearings.
**NOTE: REVISED PROPOSED PROJECT**
Case #: C0Z.22-0007
Name: DPR Greeley, LLC
Proposed Project: Change of Zone from the
R-1 (Low -Density Residential) Zone District and
the C-1 (Neighborhood Commercial) Zone
District to the A (Agricultural) Zone District.
Location: East of and adjacent to Cherry
Avenue; approximately 630 -feet south of East
20th Street.
Planner: Chris Gathman
PC Hearing Date: Oct. 4, 2022 at 12:30 pm
BOCC Hearing Date: Nov. 2, 2022 at 10 am
? 062a
I!
I/
a
101
1:I A
1144
AIL;
t 11611a 1
►.6.
.I,p1
1641
17u1 12"Sa716ta6
4.112
+n.
Ws,
ilia
In'
7111
1611
Vat
41.0
S
Weld County Planning Services
1555 N 17th Ave
Greeley CO 80631
(970) 400-6100
SURROUNDING PROPERTY OWNERS
COZ22-0007
NAME
SHAWN AND BUFFI ELLIOTT
THAD KRAMER
WELD COUNTY SCHOOL DIST NO 6
7N LLC
DOUGLAS AND DOROTHY UYEMURA
BARBARA AND TANSI FLORES
MATTHEW UYEMURA IRREVOCABLE TRUST
BARBARA AND ELIASAR FLORES
JUDY MEYER
SHIRLEY SMITHSON
ADDRESS 1
C/0 EXTRACTION OIL & GAS
ADDRESS 2
1308 E 20TH ST
2300 CHERRY AVE
1025 9TH AVE STE MAIN
370 17TH ST STE 5300
2119 CHERRY AVE
2045 CHERRY AVE
25355 CR 53
1218 E 20TH ST
702 E 16TH ST
1224 E 20TH ST
CITY STATE
GREELEY CO
GREELEY CO
GREELEY CO
DENVER CO
GREELEY CO
GREELEY CO
KERSEY CO
GREELEY CO
GREELEY CO
GREELEY CO
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification
requirements of Weld County in Case Number COZ22-0007 in the United States Mail, postage prepaid First Class Mail by letter as
addressed on the attached list this 6th day of September, 2022.
Dated the 6th day of September, 2022.
1Y1CC/UI& tp?7 tthfl-
Michelle Wall
Planning Technician
ZIP
80631
80631
80631
80631
80631
80631
80644
80631
80631
80631
Planner:
Case Number
Applicant:
Representative
Site Address:
Request:
Legal
Description:
Location:
CHANGE OF ZONE
STAFF COMMENTS
Chris Gathman
CCZ22-0007
DPR Greeley, LLC - c/o Dane Riche and Hugo Corral
2030 35th Avenue, Greeley, CO 80634
Hearing Date:
October 4, 2022
Emily Tarantini, 2912 Ariel Drive, Loveland, CO 80537
2120 Cherry Avenue, Greeley, CO 80634
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.
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
East of and adjacent to Cherry Avenue; approximately 630 -feet south of East
20th Street.
Acres: +1- 4.5 acres Parcel it 0961-15-2-00-015
POSSIBLE ISSUES SUN MARIZED 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 -0 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 Ne vembor-t 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 served 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 trader on -
site.
This Change of Zone was submitted in response to two violations (ZCV2I -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 kind 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 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
business.
Section 22-440. — 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 % mile is not developable land, it is a
portion of the rig ht -of -way for Cherry Avenue that has been annexed by the City of
Greeley. The nearest existing properties in Greeley limits are more than % 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. a 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 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 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-O007
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 d esig nated 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).
(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 Ill 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
Page 5 of 8
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 (Ov) 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 o n 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
Page 6 of 8
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)
O. 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 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
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
Hello