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LAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
Diana Aungst Hearing Date: June 6, 2017
COZ17-0001
Sandra Loeffler do Jo Temmer
621 CR 64 (O Street), Greeley, CO 80631
Change of Zone from the C-3 (Commercial) Zone District to the A (Agricultural)
Zone District
Being part E2SW4 Section 29, T6N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to CR 64 (O Street); approximately 850 feet east of Hwy 85
+1- 1.55 acres Parcel #. 0803-29-0-00-073
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Weld County Zoning Compliance, referral dated March 21, 2017
Weld County Department of Public Works, referral dated April 4, 2017
Weld County Department of Planning Services - Engineer, referral dated April 14, 2017
Weld County Department of Public Health and Environment, referral dated April 10, 2017
Without Comment:
City of Greeley, referral dated March 27, 2017
Weld County Sheriff's Office, referral dated April 6, 2017
Colorado Parks and Wildlife, referral dated March 29, 2017
Eaton Fire Protection District, referral dated March 20, 2017
Colorado Department of Transportation, referral dated March 28, 2017
State of Colorado, Division of Water Resources, referral dated April 14, 2017
The Department of Planning Services' staff has not received responses from:
North Weld County Water District
Weld County School District RE -4
Weld County Department of Building Inspection
COZ17-0001
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Planner:
Case Number:
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CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Diana Aungst Hearing Date: June 6, 2017
COZ17-0001
Sandra Loeffler c/o Jo Temmer
621 CR 64 (O Street), Greeley, CO 80631
Change of Zone from the C-3 (Commercial) Zone District to the A (Agricultural)
Zone District
Legal Description: Being part E2SW4 Section 29, T6N, R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 64 (O Street); approximately 850 feet east of Hwy 85
Acres: +1- 1.55 acres Parcel #. 0803-29-0-00-073
Summary:
This case is an active Zoning Violation (ZCV16-00137) which was initiated due to the presence of
livestock in the Commercial Zone District. If this application is approved by the Board of County
Commissioners and a plat is recorded this violation will be corrected. If this application is denied the
Department of Planning Services asks that the Board of County Commissioners forward this case to the
County Attorney's Office for legal action through the District Court process, but to delay that legal action
for 30 (thirty) days to allow the applicant time to remove any and all livestock.
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 22-2-120.A. - R.Goal 1. states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or district."
The house on the site was constructed in 1904 and the site is served by North Weld County
Water District and individual on -site wastewater treatment systems for sewer (OWTS).
Section 22-2-12.C. - R.Goal 3. states, "Consider the compatibility with surrounding land
uses, natural site features, nearby municipalities' comprehensive plans and general
residential growth trends when evaluating new residential development proposals."
The site is a 1.55 acre lot which has been historically used as agricultural/residential. The
area was rezoned to either commercial or industrial in the early 1960s although this lot has
COZ17-0001
Page 2 of 7
not developed as commercial yet. Zoning this lot to agricultural will allow the applicant to
reside on the land with agricultural uses as requested.
B. 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the
Change of Zone will be compatible with the surrounding land uses.
The uses proposed are residential and agricultural. These uses are not compatible with the
surrounding land uses however the site has been residential/agricultural since 1904 (over
110 years). Per the application materials the applicant has friendly relations with Valley
Sprinkler to the west and Extraction oil and gas to the east. This is an example of agricultural
uses and commercial/industrial uses within close proximity of one another able to mitigate
any concerns and work well together. The Department of Planning Services has not received
any comments from the surrounding property owners.
C. 23-2-30.A.2. - That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
According to the referral comments from the Department of Public Health and Environment
the parcel will be served by North Weld County Water District provides water and individual
septic systems provide sewage disposal for each home.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts.
The applicant has received approval of AP17-00200 for an access permit. County Road 64
(O Street) is maintained by Weld County. The referral comments from the Weld County
Public Works Department dated April 4, 2017 did not indicate any concerns with the
adequacy of O Street.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. - The proposed Change of Zone is not located within an Overlay
District or in a Special Flood Hazard Area.
2) Section 23-2-30.A.5.b. - The site is an existing 1.55 acre property. The size of the
property and existing structures on the site do not make it practical for commercial
mining.
3) Section 23-2-30.A.5.c. - The use on the subject property will not change with the
approval of this Change of Zone. The West Greeley Soil Conservancy District referral
agency comments dated April 10, 2017 indicated no concerns. The residence on the site
was constructed in 1904 and the site has historically been used for agricultural/
residential purposes.
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 C-3 (Commercial) Zone District to the A (Agricultural) Zone District is
conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit and receive approval of a Zoning Permit for the home business on
the site. (Department of Planning Services)
COZ17-0001
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B. 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)
C. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ17-0001. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-5O.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. County Road 64 is a paved road and is designated on the Weld County Road
Classification Plan as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
5. Show and label the approved access(es) (AP17-00200), and the appropriate turning radii
on the site plan. (Department of Public Works)
6. Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder,
if applicable. (Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for A (Agricultural) uses and shall comply with the A (Agricultural)
Zone District requirements as set forth in Article III Division 5 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. The Board of County Commissioners approved the waiver of the minimum lot size in the A
(Agricultural) Zone District as specified in Section 23-5-5O.A.1 of the Weld County Code on
June 28, 2017. (Department of Planning Services)
E. The existing structure built in 1904 is considered to be a nonconforming structure as it does
not meet the required setback from O Street. Case ICU 17-0008 has been established for
this structure. The structure is required to maintain compliance with Chapter 23, Article VII of
the Weld County Code. (Department of Planning Services)
F. The existing structure built ~1910 (Hobby House/Workshop) is considered to be a
nonconforming structure as it does not meet the required setback from O Street. Case
NCU17-0009 has been established for this structure. The structure is required to maintain
compliance with Chapter 23, Article VII of the Weld County Code. (Department of Planning
Services)
G. The property owner shall control noxious weeds on the site. (Department of Public Works)
H. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Department of Public Works)
COZ17-0001
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I. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized. (Department of Public Works)
J. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services -Engineer)
K. Water service may be obtained from North Weld County Water District. (Department of Public
Health and Environment)
L. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems 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)
M. 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)
N. Building permits shall be obtained prior to the construction of any new building. A plan review
is required for each building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
O. 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:
2012 International Codes, 2006 International Energy Code, 2006 International Fuel Gas
Code, 2012 International Plumbing Code, and 2014 National Electrical Code. 2003 ANSI
117.1 Accessibility code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
P. 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.
Q. 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)
R. 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.
COZ17-0001
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S. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well-
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven 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 (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-
COZ17-0661
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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. With the Change of Zone plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4)
(Group 6 is not acceptable).
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.
COZ17-0001
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May 1, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
Temmer Jo
621 O Street
Greeley, CO 80631
Subject: COZ17-0001 - Change of Zone from C-3 (Business Commercial) Zone District to the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART E2SW4 SECTION 29, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 6, 2017, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 28, 2017 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,
Diana Aungst
Planner
March 20, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
TEMMER JO
621 O ST
GREELEY CO 80631
Subject: COZ17-0001 - Change of Zone from C-3 (Commercial) Zone District to the A (Agricultural)
Zone District.
On parcel(s) of land described as:
PART E2SW4 SECTION 29, T6N, R65W 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
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,
aWil(f)
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 5/26/17
Case Number:
Applicant:
Site Address:
Request:
Legal Description:
Location:
Acres:
COZ17-0001
Sandra Loeffler c/o Jo Temmer
621 CR 64 (O Street), Greeley, CO 80631
Change of Zone from the C-3 (Commercial) Zone District to the A
(Agricultural) Zone District
Being part E2SW4 Section 29, T6N, R65W of the 6th P.M., Weld County,
CO
North of and adjacent to CR 64 (O Street); approximately 850 feet east of
Hwy 85
+/- 1.5 acres GROSS
Parcel #. 0803-29-0-00-073
Zoning
Land Use
N
C-3 Commercial
N
Industrial - AMSPR-310
E
1-3 Industrial
E
Industrial - AMSPR-310
S
C-3 Commercial
S
Commercial - SPR-111
W
C-3 Commercial
W
Industrial - SPR15-0005
COMMENTS:
The site contains a single-family residence, a second home being used as an office, a shop, a
barn and several outbuildings. There is an access to the site off of CR 64.
Diana Aungst, Planner
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