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HomeMy WebLinkAbout20252987.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Biwer, 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: COZ25-0002 Applicant: Bowtie Properties, LLC Planner: Angela Snyder Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. Legal Description: Part of the SE1/4 of Section 19, Township 1 North. Range 66 West of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to East Crown Prince Boulevard (CR 6); west of and adjacent to County Road 27. 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. 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. 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 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, and not for the City of Brighton, in accordance with an intergovernmental agreement between the two cities. The property is located within the Coordinated Planning Agreement 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 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 requested as a condition of approval. Section 22-2-40.A. Support compatible economic development opportunities. 1. 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 one hundred (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 23-2-30.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. Resolution COZ25-0002 Bowtie Properties, LLC Page 2 The adjacent surrounding lands located in the City of Fort Lupton are zoned 1-2 (Heavy Industrial) used predominantly for mining and batching Adjacent lands located in the City of Brighton are zoned I-1 (Light Industrial) and are 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 within five hundred (500) feet of the subject parcel Three (3) notices were returned undeliverable The Department of Planning Services received no responses from surrounding property owners 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 23-2-30 A 3 - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district The property is currently served by a well for potable water, permit #276221 The permit indicates that the well can be used for business purposes The site has an existing onsite wastewater treatment system for a shop, permit #SP17-00340 Public sewer is not required for industrial uses 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 an industrial district requires that the property abut a paved road The site directly abuts two 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 23-2-30 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 Distncts Compliance maybe demonstrated in a previous public heanng or in the heanng concerning the rezoning apphcation 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 23-2-30 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 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 Resolution COZ25-0002 Bowtie Properties, LLC Page 3 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 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 hm►tations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns poor -to the development of the property The Natural Resources Conservation Services (NRCS) Soil Survey submitted with the application indicates that 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 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 is conditional upon the following 1 Prior to recording the plat, evidence of such shall be submitted in writing to the Weld County Department of Planning Services of an executed pre -annexation agreement between the applicant and the City of Fort Lupton (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 (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 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 right-of-way This road is maintained by Weld County (Development Review) 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 (Development Review) F The following notes shall be delineated on the Change of Zone plat 1) - The 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 Ill, Division 4 of the Weld County Code (Department of Planning Services 2) 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) 3) Any future structures on site must obtain the appropriate building permits (Department of Planning Services) Resolution COZ25-0002 Bowtie Properties, LLC Page 4 4) Water service may be obtained from an appropriately permitted well (Department of Planning Services) 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 (Department of Planning Services) 6) 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) 7) 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) 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 (Development Review) 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 (Development Review) 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 -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 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 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 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 Resolution COZ25-0002 Bowtie Properties, LLC Page 5 Motion seconded by Cole Ritchey VOTE For Passage Butch White Michael Wailes Virginia Guderjahn Michael Biwer Hunter Rivera Cole Ritchey Against Passage Absent Michael Palizzi Barney Hammond Calven Goza 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 October 7, 2025 Dated the 7'h of October, 2025 45\ bbnf-,Y'//��ftd hit, Kristine Ranslem Secretary Summary of the Weld County Planning Commission Meeting Tuesday, October 7, 2025 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 Butch White, at 1:30 p.m. Roll Call Present: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn Absent: Michael Palizzi, Barney Hammond, Calven Goza Also Present: Chris Gathman, Matthew VanEyll, Angela Snyder, and Jim Flesher, Department of Planning Services, Mike McRoberts, Aaron Maurice, Dan Campbell, Development Review, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: COZ25-0002 Bowtie Properties, LLC Angela Snyder Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. Part of the SE1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M.. Weld County, Colorado. North of and adjacent to East Crown Prince Boulevard (CR 6): west of and adjacent to County Road 27. Angela Snyder, Planning Services, presented Case COZ25-0002, reading the recommendation and comments into the record. Ms. Snyder noted that no telephone calls or correspondence have been received from surrounding properties 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. Commissioner White asked where it stands with Ft. Lupton regrading annexation. Ms. Snyder said that Ft. Lupton has asked for a pre -annexation agreement as they don't offer sewer at this time. She added that their intention is to come to an agreement with the applicant that if they are able to bring sewer within a particular distance of the property that it would be annexed. Harvey Houston, 2023 CR 27, Ft. Lupton, Colorado, stated that they bought the property six (6) years and weren't aware that they needed a permit so they are bringing the site into compliance. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Doug Massey, 3982 CR 31, stated that this used to be a gas station and asked if the fuel tanks have been removed properly. Ms. Snyder replied that it is something that would be addressed through the Site Plan Review process. The Chair asked the applicant if the tanks have been removed. Mr. Houston said that they had a Phase Ill done and he can't say if they have been removed but they are either sand filled or adequately preserved and is included in the Environmental Report. 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. 1 Motion Forward Case COZ25-0002A0 the Board of County Commissioners along#with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Biwer, Seconded by,Cole Ritchey Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Butch,White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn Meeting adjourned at 5 01 p m Respectfully submitted, 41-xietvwAna(gm. 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