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C. Gathman
COZ1 7-0006
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: December 5, 2017
Miguel Benitez
904 E. 18th Street, Greeley, CO
Change of Zone Request to Rezone a Property from C-2 (General Business)
and R-1 (Low -Density Residential) to C-3 (Business Commercial) Zone District
East 390 -feet of Lot 1 of the SW4SE4 Section 9, T5N, R65W of the 6th P.M.,
Weld County, Colorado, According to The Subdivision of Lands by the Union
Colony of Colorado.
South of and adjacent to East 18th Street and approximately 930 feet east of
Balsam Avenue
+1- 5.49 acres Parcel #. 0961-09-4-00-045
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Weld County Department of Planning - Engineer, referral dated October 16, 2017
Weld County Department of Public Health and Environment, referral dated October 5, 2017
Weld County Department of Public Works, referral dated October 16, 2017
City► of Greeley, referral dated September 26, 2017
Without Comment:
Colorado Department of Transportation, referral dated October 26, 2017
City of Evans, referral dated September 19, 2017
Town of Garden City, referral dated October 3, 2017
Weld County Zoning Compliance, referral dated September 18, 2017
Greeley Fire Department, referral dated September 20, 2017
Colorado Parks and Wildlife, referral dated September 19, 2017
Department of Public Works - Access, referral dated October 17, 2017
Department of Public Works - MS4, referral dated November 17, 2017
Greeley -Weld County Airport Overlay District, referral dated
The Department of Planning Services' staff has not received responses from:
Department of Building Inspection
Town of Kersey
School District RE -6
North Weld County Water District
COZ17-0006
Page 1 of 6
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ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Hearing Date: December 5, 2017
COZ17-0000
Miguel Benitez
904 E. 18th Street, Greeley, CO.
Change of Zone Request to Rezone a Property from C-2 (General Business)
and R-1 (Low -Density Residential) to C-3 (Business Commercial) Zone District
East 390 Feet of Lot 1 of The SW4SE4 Section 9, T5N, R65W Of The 6th P.M.,
Weld County, Colorado, According to the Subdivision of Lands by the Union
Colony of Colorado.
South of and adjacent to East 18th Street and approximately 930 feet east of
Balsam Avenue
+1- 5.49 acres Parcel #. 0961-09-4-00-045
CASE SUMMARY: The applicants is proposing to rezone the site from A (Agricultural) and C-2 (General
Business) to C-3 (Business Commercial). This site is located within the Union Colony Subdivision. There
is an existing single-family residence and outbuildings located on the site. The current property is zoned
C-2 commercial on the north half and R-1 residential on the south half. The existing residence and
buildings are located on the north half on the property.
The applicant is proposing this change of zone to allow to operate a tree -trimming business on the site. A
total of twelve (12) trucks associated with the business on the site and the applicant is proposing to build
a shop building to store and work on the vehicles associated with the business. If this change of zone is
approved, the applicants will need to apply for and receive approval of a Site Plan Review application for
this use to ensure that they are complying with the Commercial design and performance standards
outlined in Chapter 23 of the Weld County Code.
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 22-2-60 A. UC.Goal 1. of the Weld County Code states: "Assure proper location and
operation of compatible land uses by maintaining land use regulations within unincorporated
comm unities."
COZ17-0006
Page 2 of 6
The proposed site is located adjacent to existing commercial and industrial zoning and adjacent
to commercial and industrial uses to the north and east.
Section 22-2-100.C.Coal 1. of the Weld County Code states: "Promote the location of commercial
uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement
urban growth areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where adequate services are
currently available or reasonably obtainable."
The proposed change of zone site is located within the urban growth boundary of the City of
Greeley and the Intergovernmental Agreement Boundary of the Town of Kersey.
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.
I-1 Industrial zoned property is located to the north of the site and C-2 Commercial zoned
property is located to the east and west of the site. A youth services facility is located to the east
of the property. An existing Industrial Use (approved under USR-964 for outside storage of
vehicles over 6,000 pounds) is located to the north of the site.
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.
Existing water service to the site is provided by the North Weld County Water District and there is
an existing septic system on the property (septic permit # SP -0200175).
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 site access directly onto a State Highway (18th Street AKA Highway 34 bypass). The
Colorado Department of Transportation indicated no comments in their referral response dated
October 26, 2017.
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. The Greeley -Weld County Airport responded with no concerns in their
referral response dated November 27, 2017.
Section 23-2-30.A.5.b. - The proposed change of zone property is in a platted subdivision
(Union Colony Subdivision) and is covered by existing buildings and improvements. Also, the
size of the parcel (5.49 acres) is too small to be considered for mineral extraction.
)
Section 23-2-30.A.5.c. - The property is covered with existing buildings and improvements.
According to the National Cooperative Soil Survey, the soil on the property is delineated as
"not limited" for construction of small commercial buildings.
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-2 and R-1 Zone District to C-3 Zone District is conditional upon the
following:
1. Prior to recording the plat:
A. 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)
COZ17-0006
Page 3 of 6
B. The applicant shall attempt to address the comments of the City of Greeley as stated in their
referral response dated September 26, 2017. Written evidence of such shall be provided to the
Department of Planning Services. (City of Greeley)
C. A nonconforming use application shall be submitted for the existing single-family residence on the
property. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ17-0006 (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. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site
plan and label with the approved access permit number if applicable. (Department of Public
Works)
The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for C-3 (Business Commercial) uses which shall comply with the C-3
(Business 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. The property owner shall control noxious weeds on the site. (Department of Public Works)
E. Water service may be obtained from the City of Greeley. (Department of Public Health and
Environment)
F. 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)
G. 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)
H. 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)
I. New buildings 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: 2012
International Building Code, 2006 International Mechanical Code, 2006 International Plumbing
Code, 2014 National Electrical Code and Chapter 29 of the Weld County Code. (Department of
COZ17-0006
Page 4 of 6
Building Inspection)
J. 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)
K. 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)
L. The historical flow patterns and run-off amounts will be maintained on. (Department of Planning
Services -Engineer)
M. 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.
N. 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.
COZ17-0006
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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) paper
copy or 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.
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 .eoo. 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.
COZ17-0006
Page 6 of 6
November 13, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
Christen Depetro
3527 W 12th Street
Greeley, CO 80634
Subject: COZ17-0006 - Change of Zone Request to Rezone a property from C-2 (General Business)
and R-1 (Low Density Residential) to C-3 (Business Commercial).
On parcel(s) of land described as:
EAST 390 FEET LOT 1 SW4SE4 SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY,
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 5, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 27,
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.orq
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
September 18, 2017
CHRISTEN DEPETRO
3527 W 12TH ST
GREELEY CO 80634
Subject: COZ17-0006 - Change of Zone Request to Rezone a property from C-2 (General Business)
and R-1 (Low Density Residential) to C-3 (Business Commercial).
On parcel(s) of land described as:
East 390 feet Lot 1 SW4SE4 Section 9, T5N, 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
Garden City at Phone Number 970-351-0041
Kersey at Phone Number 970-353-1681
Evans at Phone Number 970-475-1170
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,
lML
Chris Gathman
Planner
FIELD CHECK
inspection dates: 11/22/2017
APPLICANT: Miguel Benitez
CASE #: COZ17-0006
REQUEST: Change of Zone Request to Rezone a Property from C-2 (General Business) and R-1 (Low -
Density Residential) to C-3 (Business Commercial) Zone District.
LEGAL: East 390 -feet of Lot 1 of the SW4SE4 Section 9, T5N, R65W of the 6th P.M., Weld
County, Colorado, According to The Subdivision of Lands by the Union Colony of
Colorado.
LOCATION: South of and adjacent to East 18t" Street and approximately 930 feet east of Balsam
Avenue
PARCEL ID #s: 0961-09-4-00-045
ACRES:
+/- 5.49 acres
Zoning
Land Use
N
A
N
Industrial Use/SF residence
E
A
E
Youth Facility
S
A
S
Outbuildings
W
A
W
Vacant Lot/SF residence further to west
COMMENTS:
SF residence and outbuilding (along with oil and gas production) is on the property.
Chris Gathman - Planner III
Hello