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LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder Hearing Date: September 17, 2019
COZ19-0002
Daniel and Janna Miller
470 East 18th Street, Greeley
Change of Zone from the R-1 (Low Density Residential) Zone District to the C-3
(Regional Commercial) Zone District
Lot 1 of Resubdivision RES19-0008 of Lot 3 of SE4SW4 9-5-65 of Union Colony
Lands Subdivision
South of and adjacent to E 18th St; Approximately 0.13 miles west of Balsam Ave
± 1.26 acres Parcel #. 0961-09-3-00-087
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Weld County Department of Public Health and Environment, referral dated June 27, 2019
Y Weld County Department of Public Works, referral dated July 16, 2019
Y Colorado Division of Water Resources, referral dated June 19, 2019
Y City of Greeley, referral dated July 16, 2019
Without Comment:
Y City of Evans, referral dated June 18, 2019
Y Greeley Fire District, referral dated June 16, 2019
Y Town of Garden City, referral dated July 3, 2019
Y Weld County Zoning Compliance, referral dated June 28, 2019
The Department of Planning Services' staff has not received responses from:
Y Xcel Energy
Y Atmos Energy
Y Town of Kersey
▪ Weld County Assessor
▪ Weld County School District RE -6
Planner:
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Angela Snyder
Case Number: COZ19-0002
Applicant: Daniel and Janna Miller
Site Address: 470 East 18th Street, Greeley
Hearing Date: August 20, 2019
Request: Change of Zone from the R-1 (Low Density Residential) Zone District to the C-3
(Regional Commercial) Zone District
Legal Lot 1 of Resubdivision RES19-0008 of Lot 3 of SE4SW4 9-5-65 of Union Colony
Description: Lands Subdivision
Location: South of and adjacent to E 18th St; Approximately 0.13 miles west of Balsam Ave
Acres: ± 1.26 acres Parcel #. 0961-09-3-00-087
The proposed 1.26 -acre lot is part of a roughly five -acre property (Parcel No. 096109300087). A
Resubdivision and Site Plan Review were applied for concurrently with this application. Pending
Resubdivision RES19-0008 seeks to split the five (5) acre lot into two (2) portions of 1.26 and 3.55
acres. The 3.55 -acre lot is proposed to remain zoned R-1. Proposed Site Plan Review SPR19-0005
seeks to permit a diesel repair facility.
The applicant has requested to change the zoning on a property currently zoned R-1 (Low Density
Residential) to C-3 (Regional Commercial) to be able to use the site for diesel vehicle maintenance
and repair. This area was originally zoned E (Estate) in 1962 (Z-23) as part of a county -wide re-
zoning project. The E (Estate) zone was removed the Weld County Code sometime later and land
zoned E (Estate) was automatically rezoned to R-1 (Low Density Residential). This property does not
now nor has never contained a residence but was historically used for hay farming and contains a
shop.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50
of the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-90.A. states "...The purpose of commercial development Goals is to
characterize, by intensity, those areas throughout the County for retail, offices, services and
other similar uses. Commercial uses are primarily located along major roadways, at major
intersections and in commercial parks designed to accommodate these uses..."
The proposed change of zone is located adjacent to East 18th Street, also known as East
U.S. Highway 34, which is maintained by Colorado Department of Transportation and
therefore considered to be arterial which can support traffic generated from a commercial
use.
Section 22-2-90.C states "Generally, commercial development is located within or adjacent
to existing urban areas."
Part of East 18th Street and adjacent properties have been annexed into the City of Greeley.
The intersection of East 18th Street is with U.S. Highway 85 and is defined a Development
Node.
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.
Though several residences still exist along East 18th Street, more than fifty percent of the lots
have commercial or industrial zoning or are non -conforming commercial uses with residential
zoning. South of the subject lot is an existing residential subdivision, "Sommersett of
Greeley," therefore staff will recommend with the Site Plan Review that the commercial use
of the property be buffered and screened from adjacent surrounding properties. Existing
landscaping buffers the shop from the street.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site
to serve the uses permitted within the proposed zone district.
A statement from the City of Greeley dated April 9, 2019 was provided with the application,
stating that water and sewer service could be made available to the site, however annexation
will be a condition of service. The applicant intends to annex the property to Greeley once
the business increases to the level that bottled water and portable toilets are no longer
allowed.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts.
East 18th Street is a two-lane U.S. Highway. In the referral response dated July 22, 2019, the
Colorado Department of Transportation requested a future right-of-way reservation of
seventy-five (75') feet on either side of the highway centerline to provide for future expansion.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable
to the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application.
The site is located within the Airport Overlay District. Any development will need to
comply with the Greeley -Weld Airport regulations.
2) Section 23-2-30.A.5.b. - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with
the present or future extraction of such deposit by an extractor to any greater extent than
under the present zoning of the property.
Mineral Owners were notified of the proposed Change of Zone on June 28, 2019
according to the information submitted by the applicant. The geology report submitted
with the application indicates that the site is not located within an area recognized as
having economically recoverable sand and gravel or other metallic resources.
3) Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present
moderate or severe limitations to the construction of structures or facilities proposed
for the site, that such limitations can be overcome and that the limitations will be
addressed by the applicant and/or the applicant's successors or assigns prior to the
development of the property.
According to the geology report submitted with the application, the soils could support
lightly loaded structures and that deep foundation systems could be employed to support
heavy foundation loads. Soils were not found to be flood prone.
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 to the C-3 (Regional
Commercial) Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall attempt to address the City of Greeley comments, as stated in the July
16, 2019 referral response. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
B. The applicant shall attempt to address the Colorado Division of Water Resources, as stated
in the June 19, 2019 referral response. 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 COZ19-0002. (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 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. State Highway 34 requires 150 feet right-of-way at full build out. There is presently 60
feet of right-of-way. A total of 75 feet from the centerline of State Highway 34 shall be
delineated as future right-of-way on the plat. (Department of Planning Services)
6. East 18th Street is a portion of the Highway 34 business route which is under the
jurisdiction of the Colorado Department of Transportation (CDOT). The applicant shall
delineate and label on the site map or plat the existing right-of-way and the physical
location of the road. All setbacks shall be measured from the edge of right-of-way. Show
the approved Colorado Department of Transportation (CDOT) access on the site plan
and label with the approved access permit number. (Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for C-3 (Regional Commercial) uses which shall comply with the
C-3 (Regional Commercial) Zone District requirements as set forth in Article III Division 3 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 the appropriate zoning and building permits.
(Department of Planning Services)
D. Building permits may be required, for any new construction or set up manufactured structure,
per Section 29-3-10 of the Weld County Code. A building permit application must be
completed and submitted. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently the following has been
adopted by Weld County: 2018 International Building Codes; 2018 International Residential
Code; 2006 International Energy Code; 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. (Department of Building Inspection)
E. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage
Impact Fee Programs. (Department of Planning Services)
F. 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)
G. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public
Works)
H. All access and utility easements are dedicated for the benefit of all owners of lots depicted
on this plat, including owners of future lots created therefrom, regardless of lot configuration
or number of users, and without limitation of the use or intensity of the use of such
easements. No lot owner may install a gate or otherwise impede the use of such easements
without the approval of all persons with rights of use of such easements. (Department of
Public Works)
I. The site is located in the Municipal Separate Storm Sewer System (MS4) designated area
and is required to comply with any applicable MS4 regulations. (Department of Public Works)
J. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
K. 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 person 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.
L. 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 more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat
shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 23-2-50.C. and D. of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one -hundred -twenty (120) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee.
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within one -hundred -twenty (120) days of approval by the Board of County
Commissioners.
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the
plat not be recorded within the required one -hundred -twenty (120) days from the date the
Board of County Commissioners resolution a $50.00 recording continuance charge shall
added for each additional 3 -month period.
August 26, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
BRUXVOORT KELSEY
3050 67TH AVE
GREELEY, CO 80634
Subject: COZ19-0002 - Change of Zone from the R-1 (Low Density Residential) Zone District to the C-3
(Business Commercial) Zone District
On parcel(s) of land described as:
LOT 3 UNION COLONY SUBDIVISION, BEING PART SE4SW4 SECTION 9, T5N, R65W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 17, 2019, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 9,
2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully, II((
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Angela Snyder
Planner
June 17, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
BRUXVOORT KELSEY
3050 67TH AVE
GREELEY, CO 80634
Subject: COZ19-0002 - Change of Zone from the R-1 (Low Density Residential) Zone District to the C-3
(Business Commercial) Zone District
On parcel(s) of land described as:
LOT 3 UNION COLONY LAND SUB, PART SE4SW4 SECTION 9, T5N, R65 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Greeley at Phone Number 970-350-9780
Evans at Phone Number 970-475-1170
Kersey at Phone Number 970-353-1681
Garden City at Phone Number 970-351-0041
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 9/2/2019
Planner: Angela Snyder Hearing Date: August 20, 2019
Case Number: COZ19-0002
Applicant: Daniel and Janna Miller
Site Address: 470 East 18th Street, Greeley
Request: Change of Zone from the R-1 (Low Density Residential) Zone District to the C-3
(Regional Commercial) Zone District
Legal Lot 1 of Resubdivision RES19-0008 of Lot 3 of SE4SW4 9-5-65 of Union Colony
Description: Lands Subdivision
Location: South of and adjacent to E 18th St; Approximately 0.13 miles west of Balsam Ave
Acres:
± 1.26 acres
Parcel #. 0961-09-3-00-087
Zoning
Land Use
N
R-1, C-3
N
Rural Residential, Commercial
E
R-1, C-3
E
Rural Residential, Commercial, Ag
S
City of Greeley (Residential)
S
Urban Residential
W
R-1, C-3
W
Residential, Commercial, Ag
COMMENTS:
There are homes and businesses all around the site. The structure is very close to the back
property line and many homes, so no parking behind it should be allowed, only landscaping and
visually appealing fencing.
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Angela Snyder, Planner
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