HomeMy WebLinkAbout20253123Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Virginia Guderjahn, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner
Request:
Legal Description:
Location:
COZ25-0010
Hollingshead Materials, LLC
Angela Snyder
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Part of Lot A of Recorded Exemption RE -4866; being part of the NW1/4 of Section
18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to Colorado Boulevard (County Road 13); approximately 0.4
miles south of U.S. Highway 34.
be recommended favorably to the Board of County Commissioners 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 [Comprehensive Plan]
of the Weld County Code.
The following goals and objectives from the Weld County Comprehensive Plan are relevant to
this request:
Section 22-2-30.B. Locate urban development in urban areas.
According to the Weld County Comprehensive Plan Map, the property is designated for Urban
development and is within a Weld County Opportunity Zone, This indicates that the property
may be an appropriate location for commercial or industrial development, based on site -specific
factors.
The area is currently urbanizing and is an appropriate location to consider commercial
development. The property is located approximately 0.4 miles from Johnstown and 0.5 miles
from Windsor. The Notice of Inquiry response dated March 20, 2025, indicated that the Town
of Johnstown is not interested in annexing the property, but asked to be included as a referral
agency regarding site development. The Johnstown Future Land Use Map identifies the
property for "High Density / High Intensity" development. According to the Notice of Inquiry
response from the Town of Windsor dated March 24, 2025, the property is outside of Windsor's
Growth Management Area.
Section 22-2-30.B.2. Urban -scale development shall only be placed where urban services,
including public water, are available.
Public water is provided to this property by Little Thompson Water District, which returned a
referral, dated August 28, 2025, indicating no concerns with the rezoning. The property is
currently served by an on -site wastewater treatment system (OWTS), permit #SP -1700026,
which is acceptable in the C-3 Zone District. Other urban utility services are available, such as
electric, natural gas, high speed internet, and access to federal highways and rail.
Section 22-2-30. B.1 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.
Resolution COZ25-0010
Hollingshead Materials, LLC
Page 2
This Change of Zone is consistent with the Section 22-2-30 B 1 as the site is not within one -
quarter (1/4) mile of a municipality Windsor is more than one-half (0 5) mile to the north, north
of U S Highway 34
Section 22-2-40 A Support compatible economic development opportunities
This site is located in a Weld County Opportunity Zone The site is within one (1) mile of U S
Highway 34 and within one -quarter (0 25) mile of a rail -road track
Section 22-2-30 C Harmonize development with surrounding land uses
1 Transition between land use types and intensities with buffers Uses that am
incompatible with existing uses must be able to mitigate conflicts
The site is approximately one-half (0 5) miles from a residential subdivision, Indianhead The
applicant indicates a willingness to screen and landscape the property as necessary to create
a buffer between the two (2) land uses C-3 zoning further provides a buffer between industrial
uses to the south along the Union Pacific and Great Western railroads and the U S Highway
34 gateway corridor to the north
Section 22-2-40 - Economic Development Goals and Objectives
A Support'compahble economic development opportunities
1 Identify target areas where the County is able to encourage shovel -ready commercial
and mdustnal development
The subject property is located adjacent to an arterial paved road, Colorado Boulevard (County
Road 13), improved to withstand considerable commercial and industrial traffic The site is
located within a Weld County Opportunity Zone The urbanization and increased population
density in the area further support commercial zoning on the subject property
B Section 23-2-30 A 2 - The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses
Land uses immediately surrounding the property to the west, north, and east consist of oil and
gas production facilities and agriculture uses Land to the south is zoned industrial and consists
of industrial uses including transloading, concrete and asphalt batching, a construction
company, a mini -storage facility, and a pet crematorium The Iron Horse Industrial Park in
Johnstown, less than one-half (0 5) mile to the west, hosts several additional industrial and
commercial users
On August 15, 2025, the Department of Planning Services sent notice via regular mail to three
(3) surrounding property owners within five hundred (500) feet of the subject parcel, including
those in both Lanmer and Weld Counties The Department of Planning Services received no
responses from surrounding property owners
Any future or expanded commercial/industrial uses will have to be approved through a Site
Plan Review, Use by Special Review, or a Zoning Permit process All of these processes are
required to notify the referral agencies and, with the Use by Special Review and Zoning Permit
processes, also sent to the surrounding property owners for comment The Conditions of
Approval and Development Standards applied to both this Change of Zone and any future Site
Plan Review, Use by Special Review, or Zoning Permit will adequately address and mitigate
potential impacts
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
Public water is provided to this property by Little Thompson Water District, which returned a
Resolution COZ25-0010
Hollingshead Materials, LLC
Page 3
referral, dated August 28, 2025, indicating no concerns with the rezoning The parcel is not
currently served by a municipal sanitary sewer system The property is currently served by a
residential on -site wastewater treatment system (OWTS), permit #SP -1700026 If the system
is intended to be used commercially, it will be reviewed through the land use permitting process
Sewage disposal may be provided by an OWTS 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 system construction, repair, replacement, or
modification
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
Per Section 23-2-30 A 4, a Change of Zone to a commercial district requires that the property
access on to an adequately improved road The site directly abuts Colorado Boulevard, which
is a paved public arterial road The existing access, granted via the plat of Recorded Exemption
RE -4866, recorded May 21, 2009, at Reception No 3624449, is a thirty-foot (30') shared
access easement located on the northern property line The traffic produced by a new user
may trigger improvements to the access but will be determined with review of a new land use
permit
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 Dtstncts
Compliance maybe demonstrated in a previous public heanng or in the heanng concerning
the rezoning application
The site is not located within an overlay district officially adopted by the County, including
A -P (Airport) Overlay District, Geologic Hazard Overlay District, Floodplain Management
Overlay District, Historic Townsites Overlay District, 1-25 Overlay District, Agricultural
Heritage Overlay District, or (MS4) Multiple Separate Storm Sewer System area
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
The proposed rezoning will not interfere with the present or future extraction of a
commercial mineral deposit The report submitted with the applicant prepared by Earth
Engineering Consultants, LLC, dated April 3, 2025, geologic hazards do not appear on the
property, critical mineral resources are not inferred on the property, and coal resources do
not appear as an economic resource
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 pnor to the development of the property
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that site
consists of Nunn clay loam and Wiley -Colby complex, both with one to three percent (1 -
3%) slopes Both are rated as "somewhat limited" for small commercial buildings and
basements due to shrink -swell ratings However, the limitations are not moderate or severe
and can be overcome with building design
Resolution COZ25-0010
Hollingshead Materials, LLC
Page 4
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 Planning Commission recommendation for approval of this Change of Zone from the A (Agricultural)
Zone District to the C-3 (Business Commercial) Zone District is conditional upon the following
1 The Change of Zone plat shall be amended to delineate the following
A All pages of the plat shall be labeled COZ25-0010 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
C All recorded easements shall be shown and dimensioned on the Change of Zone plat (Department
of Planning Services)
D All approved accesses shall be delineated on the plat (Department of Planning Services)
E County Road 13 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way The applicant shall delineate and
label the existing right-of-way (along with its creating document), the future right-of-way, and the
physical location of the road All setbacks shall be measured from the future right-of-way line This
road is maintained by Weld County (Development Review)
F The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone, COZ25-0010, allows for C-3 (Business Commercial) Zone District uses
which shall comply with the requirements set forth in Chapter 23, Article III, Division 3 of the
Weld County Code (Department of Planning Services)
2) Any future structures on site must obtain the appropriate building permits (Department of
Planning Services)
3) 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)
4) Water service may be obtained from Little Thompson Water District (Department of Planning
Services)
5) The parcel is not currently served by a municipal sanitary sewer system Sewage disposal may
be by an on -site wastewater treatment system (OWTS) 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 Planning Services)
6) 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 Planning Services)
7) 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 (Development Review)
8) The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
Resolution COZ25-0010
Hollingshead Materials, LLC
Page 5
9) There shall be no parking or staging of vehicles on public roads or within public rights -of -way
On -site parking shall be utilized (Development Review)
10) The historical flow patterns and runoff amounts will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding of stormwater runoff (Development Review)
11) 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 has been adopted by Weld County 2018
International Building Codes, 2018 International Energy 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, shall be required or an Open Hole Inspection A
building permit must be issued prior to the start of construction (Department of Building
Inspection)
12) Building Permits issued on the proposed lots will be reguired_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)
13) -All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
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 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 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
3 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board
may require the landowner to appear before it and present evidence substantiating that the COZ has
not been abandoned and that the applicant possesses the willingness and ability to record the plat The
Board of County Commissioners may extend the date for recording the plat If the Board determines
that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public
hearing, revoke the COZ
4 In accordance with Appendix 5-J of the Weld County Code, should the plat not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording
continuance fee shall be added for each additional 3 -month period
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 and a land use permit perfected
Resolution COZ25-0010
Hollingshead Materials, LLC
Page 6
Motion seconded by Cole Ritchey
VOTE
For Passage Against Passage
Michael Wailes
Michael Pal¢zi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Cole Ritchey
Absent
Butch White
Hunter Rivera
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 4, 2025
Dated the 4th of November, 2025
4.51 im6nc, &-wCein.
Kristine Ranslem
Secretary
EXHIBIT
Summary of the Weld County Planning Commission Meeting
Tuesday, November 4, 2025
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A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Michael Wailes, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn
Absent: Butch White, Hunter Rivera
Also Present: Diana Aungst, Molly Wright, Matthew VanEyll, and Angela Snyder, Department of Planning
Services, Mike McRoberts and Aaron Maurice, Development Review, Karin McDougal, County Attorney,
and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location:
COZ25-0010
Hollingshead Materials, LLC
Angela Snyder
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Part of Lot A of Recorded Exemption RE -4866: being part of the NW1/4 of Section
18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to Colorado Boulevard (County Road 13); approximately 0.4
miles south of U.S. Highway 34.
Angela Snyder, Planning Services, presented Case COZ25-0010, reading the recommendation and
comments into the record. Ms. Snyder noted that no letters of concern were received from surrounding
property owners regarding this application. The Department of Planning Services recommends approval
of this application along with conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic and access to the site.
PJ Whitaker, 745 Andersen Street, Brighton, Colorado, said that they are planning to build a shop at this
location for their ready mix operations at their Johnstown and Ft. Collins locations. Commissioner
Hammond clarified if this is a maintenance shop. Mr. Whitaker replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ25-0010 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Virginia Guderjahn, Seconded by Cole Ritchey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Meeting adjourned at 3:05 p.m.
Respectfully submitted.
'VA f&1-
Krtstine Ranslem
Secretary
ATTENDANCE RECORD
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