HomeMy WebLinkAbout20242408.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ24-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - WW, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 18th day of September, 2024, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of WW, LLC,
9457 South University Blvd., Apt 401, Highlands Ranch, Colorado 80126, requesting a Change
of Zone, COZ24-0002, from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, RECX16-0076;
being part of the W1/2 SE1/4 of Section 33,
Township 1 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the Board of County Commissioners heard all the testimony
and statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and, upon a roll call, the vote was split two in favor and
two opposed, with Commissioner Ross being excused, and
WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the
concurrence of three of the members of the Board is required to approve a Resolution, and the
Board, therefore, deemed it advisable to continue the matter to October 2, 2024, to allow adequate
time for Commissioner Ross to review the written materials and recording of the hearing and
return to make a determining vote on the matter, as amended, and
WHEREAS, on October 2, 2024, the applicant was present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22
[Comprehensive Plan] of the Weld County Code.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ24-0002) - WW, LLC
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1) Section 22-2-30.6 states: "Locate urban development in urban
areas."
a. Section 22-2-30.B.1 states: "Encourage annexation of
urban -scale development. Zone changes and subdivisions
within one -quarter mile of municipal limits are strongly
discouraged. Property owners who want to rezone or
subdivide their property are encouraged to contact the
municipality about annexation." The property is located
more than one (1) mile from the nearest municipality. This
Change of Zone is consistent with Section 22-2-30.6.1
because the closest municipality is more than one (1) mile
from the site.
b. Section 22-2-30.6.2 states: "Urban -scale development shall
only be placed where urban services, including public water,
are available." The Todd Creek Village Metropolitan District
(TCVMD) submitted a Will Serve letter, dated December 1,
2017, and will provide water to the site. Per the Weld County
Department of Public Health and Environment, referral,
dated May 30, 2024, an On -site Wastewater Treatment
System (OWTS) will serve the site.
2) Section 22-2-40.A states: "Support compatible economic
development opportunities." This site is partially in a Weld County
Opportunity Zone. The location of the site is consistent with the
Comprehensive Plan's intent to place commercial businesses
within one-half (1/2) mile of an intersection of a collector and an
arterial road.
3) Section 22-4-10.B.1 — The Weld County Opportunity Zone criteria
states that zone changes to commercial and industrial are preferred
in select areas of the County, specifically, within one-half (1/2) mile
of collector/arterial intersections. This property is located within
one-half (1/2) mile of the intersection of County Road (CR) 2 and
CR 19, therefore, it is within a Weld County Opportunity Zone, as
defined by the Comprehensive Plan. The Comprehensive Plan
states that zone changes to commercial and industrial are preferred
in Opportunity Zones.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The adjacent properties to the east are zoned both
C-3 (Business Commercial) and A (Agricultural). The properties to the north
and west are also zoned A (Agricultural) and the properties to the south are
in Adams County. The land uses to the north, east, and west include rural
residential, agriculture, and vacant land. The land use to the south, in
Adams County, is an oil and gas well pad. The C-3 (Business Commercial)
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII ir1t.NIA1110:IIC I "Ill
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CHANGE OF ZONE (COZ24-0002) — WW, LLC
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zoned property located east of, and adjacent to, the subject property, was
rezoned in 2022, under Change of Zone, COZ22-0010, and is currently
vacant land. The land use on the south side of CR 2 (168th Avenue) is a
well pad with about 30 wells, via Adam's County case #USR2018-00002,
and zoned A-3 (Agricultural -3). Additionally, Eagle Shadow Subdivision is
located in Adams County, about one-half (1/2) mile west of the site.
There are nine (9) properties in Weld County that are adjacent to the
subject site, eight (8) are zoned A (Agricultural) and one is zoned
C-3 (Business Commercial). The eight (8) agriculturally zoned properties
range in size from 2.2 acres to 46 acres, and each parcel contains at least
one (1) single-family dwelling unit.
There are 14 USRs within one (1) mile of the site. USR-1396, USR-1063,
and USR-1077 are all for 24 -inch natural gas pipelines; Amended
AMUSR-256 is for an oil and gas support and service facility;
MUSR12-0013 is for a Class II Oilfield Waste Disposal Facility;
USR19-0019 is for a storage and staging yard for oil and gas equipment;
USR-1376 is for a landscaping business; USR18-0128 is for a contractor
shop; Fourth Minor Amended 4MUSR22-87-778 is for oil and gas support
and service; USR17-0032 is for a greater than 12 -inch high-pressure
natural gas pipeline; USR12-0022 is for a RV and boat facility; USR17-
0067 is for a self -storage facility; SUP -10 is for a kennel; and USR18-0053
is for eight (8) compressors and five (5) construction office trailers.
The site is located within the three (3) mile referral area for the Cities of
Dacono, Northglenn, and Brighton, as well as Adams County. The Cities of
Dacono and Northglenn submitted referral agency comments, which stated
no concerns, dated May 29, 2024, and June 5, 2024, respectively. Adams
County submitted referral agency comments, dated May 10, 2024. The City
of Brighton did not return referral agency comments.
Adams County, in their referral dated May 10, 2024, stated the lots located
south of East 168th Avenue, in Adams County, have a future land use
(FLU) designation of Residential Low. The Residential Low FLU
designation is intended for suburban and exurban areas in Adams County,
as it primarily consists of single-family housing. The preferred land use
adjacencies are Agriculture Small Scale, Parks and Open Space, and
Residential Low. Typical zone districts are A-1, RE, and R -1-C (Adams
County zone districts). The referral also stated that since the preferred land
use adjacencies do not provide for Commercial Zoning, this proposal is
most likely not consistent with the Adams County Comprehensive Plan and
the applicant could consider some enhanced screening/setbacks from the
southern property line to mitigate any potential negative impacts from the
proposed commercial use.
It is unclear when the "suburban and exurban" will be built out with
residential dwelling units, as a majority of this Adams County property is
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ24-0002) — WW, LLC
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currently encumbered with a large oil and gas battery, permitted via Adams
County #USR2018-00002.
The subject site is not located within a Coordinated Planning Agreement
(CPA) boundary of any municipality.
The Department of Planning Services sent notice to 12 surrounding
property owners (SPOs) within 500 feet of the subject parcel. Five (5)
SPOs, all within the 500 -foot buffer, responded with objections to the
Change of Zone. The concerns outlined in the letters include issues such
as increased traffic, taking away agricultural land, the commercial uses not
being compatible with the surrounding residential uses, potential visual
impacts, noise and odors from a commercial operation, CR 2 in a state of
disrepair, uncertainty of what can be built on a commercially zoned
property, and property values decreasing. The letters also state there are
two (2) parcels adjacent to, and north of, the subject property that use the
access easement from CR 2, and the owner is concerned that a re -zoning
could violate the recorded Access Agreement. These letters were sent to
the applicant's representative on June 9, 2024, and the applicant
responded to each of the letters on August 14, 2024. The responses from
the applicant were emailed to the respective SPOs, by staff, on August 14,
2024.
There is an access and utility easement that travels north -south through
the center of the subject property, from the center point where the site abuts
CR 2, to two (2) smaller parcels north of, and adjacent to, the subject
property. This easement is a 30 -foot access and utility easement for the
benefit of Lot A of RE -4407, and SE -1083, and provides ingress and
egress, as well as a utility easement to the two (2) smaller parcels now
known as Lot A of RECX16-0076, and SE -1083. These two (2) smaller lots
are under the same ownership at this time. This easement was created, in
2006, on Recorded Exemption plat RE -4407 (Reception #3409326,
recorded August 4, 2006) and also shown on Recorded Exemption plat,
RECX16-0076 (Reception #4219060, recorded July 14, 2016), which
adjusted the lot lines between Lot A and Lot B of RE -4407. A separate
document, created in 2016, (Reception #4229459, recorded August 16,
2016) elaborates on the use and maintenance of this easement.
According to the referral comments from the Department of Planning
Services — Development Review, dated June 7, 2024, the applicant shall
obtain a Commercial Access Permit. This may include reconfiguring the
existing access point.
The applicant, WW, LLC, c/o Ralph Walker, purchased the property on
August 23, 2016, and on March 6, 2017, submitted a Use by Special
Review application, USR17-0016, for RV and boat storage, a dump station,
enclosed self -storage, and the parking and staging of trash containers,
roll -offs, and vehicles and/or equipment to pick up and deliver roll -offs, and
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ24-0002) — WW, LLC
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four (4) individual flex office buildings, in the A (Agricultural) Zone District.
During the review of USR17-0016, it was noted by staff that an unpermitted
roll -off and dumpster business was operating on the site. Although
clarification was requested from the applicant during the review of this
Change of Zone, it is unclear who operated this roll -off and dumpster
business, but it does not appear to be operating on the site currently. Staff
and the Planning Commission recommended denial of USR17-0016, and
it was denied by the Board of County Commissioners (BOCC) at the
June 21, 2017, hearing. Per the amended BOCC Resolution, dated
March 15, 2018, the findings for denial included incompatibility with the
existing land uses, which at that time included agricultural and residential,
and impacts to traffic, as the only access is onto CR 2, at the top of a hill,
and there are no turn lanes.
In 2019, the applicant, WW, LLC, c/o Ralph Walker, submitted a
Substantial Change, in order to proceed with a Planned Unit Development
(PUD) subdivision with residential and commercial uses on the same
parcel. The Substantial Change request was approved by the BOCC on
September 8, 2019; however, the PUD application was never submitted,
and the property is currently vacant.
The recommendation of approval is based on the findings that this area of
the County has changed in character since 2020. There are two (2) new
single-family dwelling units, constructed in 2022, on the properties west of
and adjacent site, and one (1) on a property to the east of the site. However,
in addition to these two (2) residences, a newly revised Weld County
Comprehensive Plan was adopted on November 9, 2020, and established
Opportunity Zones. Finally, in the past two (2) years, three (3) Change of
Zone applications have been approved in this area, each of which have
been a change from A (Agricultural) to C-3 (Business Commercial). The
first Change of Zone, COZ22-0010, was approved by the BOCC on
December 21, 2022. The second Change of Zone, COZ23-0002, was
approved by the BOCC on August 9, 2023. This property is owned by the
Seltzer family and has had a RV storage facility on it since 2012. The third
Change of Zone, COZ23-0005, was approved by the BOCC on May 8,
2024, and is south of, and adjacent to, COZ23-0002, and also owned by
the Seltzer family. All of these Change of Zone cases had a
recommendation of approval from staff and the Planning Commission. The
four (4) properties are within one quarter (1/4) mile of each other and are
all within a one-half (1/2) mile radius of the intersection of CR 2 and CR 19,
placing them entirely, or partially, within an Opportunity Zone.
CR 2 does not have turn lanes at the subject property; however, any
development on the site will need to meet all County regulations concerning
traffic. It was noted, during the site visit by staff, that CR 2 has been paved
within the last few months and is no longer in a state of disrepair, as stated
in the SPOs' letter.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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The subject site is in a Weld County Opportunity Zone, which is a preferred
site for rezoning to commercial and industrial. Any future commercial uses
will have to be approved through a Site Plan Review, Use by Special
Review, or a Zoning Permit process, with applications that are sent to
referral agencies. Use by Special Review and Zoning Permits are also sent
to the SPOs for comment. The Conditions of Approval and Development
Standards applied to both this Change of Zone and any future Site Plan
Reviews, Use by Special Reviews, or Zoning Permits will adequately
address and mitigate potential impacts.
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Todd Creek Village Metropolitan District (TCVMD) submitted a Will
Serve letter, dated December 1, 2017, and will provide water to the site.
Per the Weld County Department of Public Health and Environment's
referral, dated May 30, 2024, an OWTS will serve the site.
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. Per the referral dated June 7, 2024, from the Department of
Planning Services — Development Review, CR 2 is a collector road, which
meets the criteria specified in Section 23-2-30.A.4 and Section 23-2-40.B.4
for a Change of Zone, in that the road is paved. This portion of CR 2 is a
paved road with 60 feet of right-of-way. Per a March 14, 2014,
Memorandum of Understanding between Weld County and Adams County,
this portion of CR 2 is to be maintained by Adams County.
E. Section 23-2-40.B.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 23-2-40.B.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 proposed Change of Zone
site is not located within any overlay district officially adopted by the
County, including A -P (Airport) Overlay District, 1-25 Overlay
District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay
District.
2) Section 23-2-40.B.5.b — 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
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Carly Koppes, Clerk and Recorder, Weld County , CO
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the present zoning of the property. The proposed zoning will not
interfere with the future extraction of mineral deposits any more
than the existing zoning. The Geologic Hazards and Mineral
Resources Report from Earth Engineering Consultants, LLC, dated
April 29, 2024, submitted in the application materials, stated no
sources of critical minerals are inferred at this site, and no
significant resources of sand and gravel exist below ground surface.
It goes on to state the site is located within the Spindle Oil and Gas
field and that there are oil and/or gas facilities on the site. The
Report stated, based on this information, it appears potential oil/gas
resources could exist, therefore, an evaluation by others would be
needed to evaluate that possibility. The Colorado Geological
Survey, in the referral dated May 15, 2024, stated they have no
objection to approval of the COZ24-0002 rezone and that the
property is not within a mapped aggregate resource area.
3) Section 23-2-40.B.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. The Natural Resources Conservation
Services (NRCS) Soil Survey indicated 84% of the site consists of
low -slope (1-3%) Nunn loam soils, and about 8% consists of a
combination of low -slope (1-3%) Wiley -Colby complex soils and
moderate slope (3-5%) Ulm clay loam, and the remaining 8% of the
site is classified as water, although, there are no visible water
bodies on the site. Both the Nunn and the Wiley -Colby complex
soils are classified as "Prime Farmland if Irrigated" and Ulm clay
loam is classified as "Farmland of Statewide Importance. The
Geologic Hazards and Mineral Resources Report from Earth
Engineering Consultants, LLC, dated April 29, 2024, also stated the
proposed development appears compatible with the observable
geologic conditions at the site. A preliminary geotechnical
investigation is recommended to characterize the subsurface
conditions and provide recommendations for planning site
development and design of the site grading. A preliminary
investigation may find subsurface geologic hazards not identified by
this evaluation. Additional investigations will be required to provide
design recommendations for building foundations and pavements,
after site development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of WW, LLC, for a Change of Zone, COZ24-0002, from the
A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
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Carly Koppes, Clerk and Recorder, Weld County , CO
Ill Iedl:YVirdti rAgli "Ill
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CHANGE OF ZONE (COZ24-0002) — WW, LLC
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1. Prior to recording the plat:
A. The applicant shall acknowledge the comments from the Weld County Oil
and Gas Energy Department, as stated in the referral response, dated
May 14, 2024. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
B. The applicant shall address the concerns from the Division of Water
Resources, as stated in the referral response, dated June 5, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the comments from Adams County, as
stated in the referral response, dated January 24, 2024. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
D. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled COZ24-0002.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) All recorded easements and rights -of -way shall be delineated on
the plat by book and page number, or Reception number.
4) This portion of County Road 2 is a paved road maintained by
Adams County. Weld County has 60 feet of right-of-way associated
with CR 2. The applicant shall delineate and label the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
plat. 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 Section 23-1-90, the required setback is measured
from the future right-of-way line.
5) The applicant shall show and label the existing, permitted, shared
access point onto CR 2, including the access type.
E. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0002, allows for C-3 (Business
Commercial) Zone District uses, which shall comply with the
requirements set forth in Chapter 23, Article III, Division 4 of the
Weld County Code.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ24-0002) — WW, LLC
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2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
5) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
6) The historical flow patterns and runoff amounts will be maintained
on the site.
7) Water and sewer service may be obtained from the Todd Creek
Village Metropolitan District.
8) Building Permits may be required for any new construction, set up
of manufactured structures, or change of use of existing buildings,
per Section 29-3-10 of the Weld County Code. 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 Codes,
2018 International Energy Conservation Code, 2020 National
Electrical Code, and Chapter 29 of the Weld County Code.
A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for
review. A Geotechnical Engineering Report, performed by a
Colorado registered engineer, or an Open Hole Inspection shall be
required. A Building Permit must be issued prior to the start of
construction.
9) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
10) 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.
2. Upon completion of Conditions of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
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Carly Koppes, Clerk and Recorder, Weld County , CO
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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 the 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. The Mylar plat and additional requirements shall be submitted within 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. If a plat has not been recorded within 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.
4. In accordance with Appendix 5-J of the Weld County Code, should the Change of
Zone 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 three (3) month period.
5. Any approved amendments to the Official Zoning Map shall be effective
immediately upon approval by the Board of County Commissioners unless
otherwise specified by the approving Resolution of the Board of County
Commissioners. However, no Building Permit shall be issued, and no use shall
commence on the property until the plat is recorded.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ24-0002) — WW, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following votes on September 18, and October 2, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUN-C
ATTEST: ak) `e,�,/ :4
Weld County Clerk to the Board
By(OrifitlYI .061A (.0)4_1
Deputy Clerk to the Board
APP: D AS T
ounty :rney
10
Date of signature: I' '
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Carly Koppes, Clerk and Recorder, Weld County CO
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(AYE)
Kevin D. Ross, Chair
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(NAY)
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(AYE)
Mike Fre an
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(AYE)
(NAY)
2024-2408
PL2475
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