HomeMy WebLinkAbout20252986.tiff Resolution
Change of Zone, COZ25-0002, from the A (Agricultural) Zone District to the
1-2 (Medium Industrial) Zone District— Bowtie Properties, 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 12th day of November, 2025, at the hour of
10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
Bowtie Properties, LLC, 2023 County Road 27, Fort Lupton, Colorado 80621, requesting
a Change of Zone, COZ25-0002, from the A(Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District for a parcel of land located on the following described real estate,
to-wit:
Part of the SE1/4 of Section 19, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado
Whereas, at said hearing, 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.
1) Section 22-2-30.B.1 states: "Locate urban development in urban
areas. Encourage annexation of urban-scale development. Zone
changes and subdivisions within one-quarter (1/4) 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 area surrounding the subject
property is a highly developed industrial area. Locating industrial
uses in this area reduces potential nuisances to residential and
agricultural areas in the County. It promotes an efficient use of
infrastructure and promotes synergy with other similar industrial
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Carly Koppes, Clerk and Recorder, Weld County , CO
Change of Zone, COZ25-0002 — Bowtie Properties, LLC
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users. The subject property is adjacent to both the City of Fort Lupton
and the City of Brighton. The property is located within the Urban
Growth Area for the City of Fort Lupton, but not for the City of
Brighton, in accordance with an Intergovernmental Agreement (IGA)
between the two cities. The property is located within the
Coordinated Planning Agreement (CPA) area of the City of Fort
Lupton. In both the Notice of Inquiry, dated December 12, 2024, and
in the referral response, dated August 20, 2025, submitted with the
application, the City of Fort Lupton expressed interest in annexation
of the property. The applicant was encouraged to pursue annexation
to the City of Fort Lupton. A Pre-annexation Agreement is required
as a Condition of Approval.
2) Section 22-2-40.A.1 states: "Support compatible economic
development opportunities. Identify target areas where the County is
able to encourage shovel-ready commercial and industrial
development." The site is located within a Weld County Opportunity
Zone on the Future Land Use Map. The property has already been
used for industrial uses for almost 100 years. Rezoning the property
acknowledges the existing industrial use of the property, facilitating
the continuation and expansion of industrial uses in the future.
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 surrounding lands located in the City
of Fort Lupton are zoned 1-2 (Heavy Industrial) and used predominantly for
mining and batching. Adjacent land located in the City of Brighton is zoned
I-1 (Light Industrial) and is currently the site of Vestas, an industrial wind
turbine manufacturer. Surrounding lands located in unincorporated Weld
County are zoned A (Agricultural), with an isolated residence directly
adjacent to the north, and a trucking company to the north of the residential
property. On July 18, 2025, the Department of Planning Services sent notice
to seven (7) surrounding property owners (SPOs) within 500 feet of the
subject parcel. Three (3) notices were returned undeliverable and the
Department of Planning Services received no responses from SPOs. Any
expansion of existing industrial uses beyond those identified in the
Nonconforming Use Permit will have to be approved through a Site Plan
Review, Use by Special Review, or a Zoning Permit process, which will
include Conditions of Approval and Development Standards to mitigate
potential nuisances.
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. The property is currently served by a well for potable water, Permit
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Change of Zone, COZ25-0002 — Bowtie Properties, LLC
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#276221. The permit indicates the well can be used for business purposes.
The site has an existing On-site Wastewater Treatment System (OWTS) for
a shop, Permit #SP17-00340. Public sewer is not required for industrial
uses.
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. A Change of Zone to an industrial district requires that the
property abut a paved road and the site directly abuts two (2) paved roads.
East Crown Prince Blvd (County Road 6) is maintained by the City of Fort
Lupton and is classified on their transportation map as an arterial.
County Road 27 is maintained by Weld County and is also classified as an
arterial. Both arterial roads are capable of withstanding industrial traffic.
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 site is not located within
any overlay district officially adopted by the County: the A-P (Airport)
Overlay District, Floodplain Management Overlay District, Historic
Townsite Overlay, Geologic Hazard Overlay District, 1-25 Overlay
District, Agricultural Heritage Overlay District, or (MS4) Municipal
Separate Storm Sewer System area.
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 the
present zoning of the property. According to the Mineral and
Aggregate Evaluation, prepared by Northern Colorado Geotech,
dated February 8, 2023, the site likely contains deposits of sand and
gravel aggregate, but the size of the property makes extraction not
commercially viable. There is no evidence of commercially viable
deposits of quarry rock or minerals. The proposed rezoning will not
interfere with the present or future extraction of a commercially viable
mineral deposit.
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Change of Zone, COZ25-0002 — Bowtie Properties, LLC
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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, submitted with the application,
indicated the site consists of Altvan loam soils, which are well drained
and "not limited" for small commercial buildings. The soil conditions
of the site do not present moderate or severe limitations to future
development.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Bowtie Properties, LLC, for a Change of Zone,
COZ25-0002, from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone
District on the above referenced parcel of land, be, and hereby is, granted, subject to the
following conditions:
1. Prior to recording the plat, evidence of an executed Pre-annexation Agreement,
between the applicant and the City of Fort Lupton, shall be submitted, in writing, to
the Weld County Department of Planning Services.
2. The Change of Zone plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ25-0002.
B. The plat shall adhere to Section 23-2-50.0 and .D of the Weld County Code.
C. All recorded easements shall be shown and dimensioned on the Change of
Zone plat.
D. County Road 27 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 at full buildout. The applicant shall delineate and label the future
right-of-way, existing right-of-way (along with the documents creating the
existing right-of-way), and the physical location of the road. All setbacks
shall be measured from the edge of the right-of-way. This road is maintained
by Weld County.
E. This portion of County Road 6 is under the jurisdiction of the City of Brighton.
Please contact the City to verify the right-of-way and upon verification, show
and label it on the plat.
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Carly Koppes, Clerk and Recorder, Weld County , CO PL2979
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Change of Zone, COZ25-0002 — Bowtie Properties, LLC
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F. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ25-0002, allows for 1-2 (Medium Industrial)
Zone District uses, which shall comply with the requirements set forth
in Chapter 23, Article III, Division 4 of the Weld County Code.
2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
3) Any future structures onsite must obtain the appropriate Building
Permits.
4) Water service may be obtained from an appropriately permitted well.
5) The property 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.
6) 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.
7) The access to the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off-site tracking.
8) There shall be no parking or staging of vehicles on public roads or
within public rights-of-way. On-site parking shall be utilized.
9) 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.
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 the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 23-2-50.0 and .D of the Weld
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Carly Koppes, Clerk and Recorder, Weld County , Co PL2979
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Change of Zone, COZ25-0002 — Bowtie Properties, LLC
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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.
4. 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.
5. 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 three (3)-month period.
6. 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.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 12th day of November, A.D., 2025:
Perry L. Buck, Chair: Aye ,,��+» .�,,
Scott K. James, Pro-Tem: Aye 4 1 Iti tt)
Jason S. Maxey: Aye /' �1►
Lynette Peppier: Aye k, gip;
Kevin D. Ross: Aye "',�,:,r
Approved as to Form: r) i ,I't
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
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