HomeMy WebLinkAbout20252671.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:
Applicant:
Planner:
Request:
Legal Description:
Location
COZ25-0006
Affordable Owner, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District.
Lot A of LLA25-0013; being part of the SW1/4 of Section 25, Township 1 North
Range 68 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 11: approximately 0.25 miles north of County
Road 4.
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.
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.
Section 22-2-30.8 states: "Locate urban development in urban areas."
The applicant is requesting to rezone about thirty-two and one -quarter (32.25) acres from A
(Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. The parcel currently
lacks public right-of-way frontage, however, the applicant has applied for a Lot Line Adjustment
(LLA25-0013) to add approximately two and one -quarter (2.25) -acre flagpole to the thirty (30) -
acre parcel to provide an abutment to County Road 11. This Lot Line Adjustment will be
recorded prior to the Board of County Commissioners hearing.
The site is located in the Urban Area according to the Weld County Comprehensive Plan.
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."
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. Northglenn is one -quarter (1/4) mile to the south and
Dacono is about one (1) mile to the northeast.
Section 22-2-30. 8.2 states: "Urban -scale development shall only be placed where urban
services, including public water, are available."
There is an existing water tap from the Central Weld County Water District (CWCWD) and
possibly from Mountain View Water Users Association although no referral response was
received. There is a septic permit SP -1400200 on the site.
Section 22-2-40.A. states: "Support compatible economic development opportunities."
This site is partially located in a Weld County Opportunity Zone. The Opportunity Zone is due
to the Regional Transportation District (RTD) rail line that is just east of the subject site. These
RTD track are still in place, however, it does not appear to have had any rail traffic for many
Resolution COZ25-0006
Affordable Owner, LLC
Page 2
years The subject site does not benefit from this rail line
Section 22-2-30 C states "Harmonize development with surrounding land uses "
The properties surrounding the site are zoned agricultural and the land uses include
commercial, industrial, and agricultural The gravel mining and a batch plant to the north is an
industrial land use and the compressor station to the south is a commercial land use The
property west of and adjacent to the west is agriculture The east boundary includes vacant
land and the abandoned RTD rail corridor The site has been utilized as an RV storage facility
since 1983 with no concerns from the surrounding property owners noted
B 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
The adjacent surrounding lands are zoned A (Agricultural), and the land uses include
commercial, industrial, agricultural and rural residential USR(SUP)-223 for a compressor
station is directly south of the site and USR-1341 for gravel mining and a batch plant is located
directly north The land use to the west is agricultural and to the east, east of the railroad track,
is the closest residence, just about one-third (1/3) of a mile east of the site
There are fifteen (15) USRs within one (1) mile of the site USR16-0026 for a commercial
junkyard and salvage yard, USR-1737 for commercial vehicle storage and repair, Amended
AMUSR-941 for a compressor station, USR(SUP)-223 for a compressor station, USR-998 for
electrical power lines 230 kV and USR-1392 for electrical power lines 115 kV, USR-1077 for a
twenty-four,(24)-inch natural gas pipeline, USR-1341 for a gravel mining and a batch plant,
USR16-0041 fora mineral resource development facility, 1 MUSR20-18-0061 for an oil and gas
support service facility, USR-1702 for a public utility facility, USR-733 for four (4) radio towers
each three hundred twenty-four (324) -feet in height, USR-971 for manufacturing of stairs,
1 MUSR19-04-1445 fora construction, storage and fabrication of materials, 2MUSR17-13-0010
for an RV, boat, commercial vehicles storage facility, USR16-0002 for storage of roofing
'mterials, USR-1669 for truck parking, USR-117 for a turkey farm 3,000 turkeys (no longer
operating), USR16-0035 for a vehicle parking and storage
On June 24, 2025, the Department of Planning Services sent notice to five (5) surrounding
property owners within 500 -feet of the subject parcel No correspondence was received
The site is not located within a Coordinated Planning Agreement (CPA) boundary of any
municipality
The site is located within the three (3) mile referral area for the City of Northglenn, the City of
Dacono, Town of Erie, City of Thornton, and the City of Fort Lupton, as well as Broomfield
County and Adams County The referral comments received from the Town of Erie, Cities of
Dacono and Northglenn dated June 30, 2025, July 2, 2025 and June 25, 2025 respectively,
stated no concerns Adams County and the City of Thornton did not submit referral agency
comments
The subject property is located within the City of Northglenn's future land use map and growth
management area and is designated as Development Corridor Development Corridor, per the
City's comprehensive plan, is a land designation that is defined as, "An area agreed upon to
be developed at a residential density of 1 dwelling unit per acre in the Weld Co portion and a
maximum of 6 dwelling units per acre in the Adams Co portion " The current use was
established prior to the adoption of the City's Comprehensive Plan
Resolution COZ25-0006
Affordable Owner, LLC
Page 3
The site is in a Weld County Opportunity Zone which is a preferred site for rezoning to
commercial and industrial 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 a Zoning Permit will
adequately mitigate potential impacts
C 23-2-30 A 3 — That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district
There is an existing water tap from the Central Weld County Water District (CWCWD) and
possibly from Mountain View Water Users Association although no referral response was
received There is a septic permit SP -1400200 on the site
D Section 23-2-30 A4 - 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 or industrial zone district requires
an abutment to a paved road The site abuts County Road 11 which is a paved road This
portion of County Road 11 is under the jurisdiction of the City and County of Broomfield The
municipality has jurisdiction over access to the road
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 D►stncts
Compliance maybe demonstrated in a previous public hearing or in the heanng concerning
the rezoning application
The proposed Change of Zone (COZ) 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 23-2-30 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 Geologic Hazards and Mineral Resources Report from Earth Engineering Consultants,
LLC, dated April 24, 2025, submitted in the application materials, state there are no
significant resources of clean and sound coarse aggregate exist below ground surface and
no economically recoverable proppant sand resources were indicated The site is located
within an identified oil and gas field, however, existing oil/gas wells are not currently located
on the subject property The EEC report states that oil/gas resources could exist below the
site, however, evaluation by others would be needed to explore the potential The site is
located in the Denver Coal Region and a review of available maps show no coal mines
were on or in the vicinity of the project site Geotechnical subsurface explorations are
recommended to evaluate the subsurface conditions and provide site specific
recommendations for any future site improvements
Resolution COZ25-0006
Affordable Owner, LLC
Page 4
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 50% of
the site consists of low -slope (1-3%) Nunn loam soils, 12% low -slope (1-3%) Weld loam,
and 38% moderate -slope (3-5%) Wiley -Colby complex soils The Wiley -Colby complex
soils are classified as "Farmland of Statewide Importance", and the Nunn and Weld Loam
are classified as "Prime Farmland if irrigated" The results of this zone change will remove
about eleven (11) acres of Farmland of Statewide Importance from production, however,
the site has not been utilized for agriculture uses since about 1983
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 A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District is
conditional upon the following
1 The Change of Zone plat shall be amended to delineate the following
A All sheets of the plat shall be labeled COZ25-0006 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning
Services)
C All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number (Department of Planning Services)
D This portion of County Road 11 is underthejurisdiction of the City and County of Broomfield Please
contact the City/County to verify the right-of-way Show and label the right-of-way Show the
approved access on the plat and label with the approved access permit number, if applicable
Include in the label all applicable access types (Agricultural, Commercial, Industrial, and/or Oil and
Gas) (Development Review)
E Show and label (including the reception number) any existing access and/or utility easement within
the limits of the subject parcel (Development Review)
F The following notes shall be delineated on the Change of Zone plat
1) Change of Zone, COZ25-0006, allows for I-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 (Department of Planning Services)
2) Any future structures or uses on site must obtain the appropriate zoning and 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 Central Weld County Water District (Department of
Planning Services)
Resolution COZ25-0006
Affordable Owner, LLC
Page 5
5) The parcel is currently not 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 subject parcel shall be maintained to mitigate any impacts to County Road
11 including damages and/or offsite tracking (Development Review)
9) The historical flow patterns and runoff amounts will be maintained on the lots created with this
lot line adjustment (Development Review)
10) 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)
11) 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)
12) 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)
2 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 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
Resolution COZ25-0006
Affordable Owner, LLC
Page 6
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 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
Motion seconded by Hunter Rivera
VOTE
For Passage Against Passage
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Hunter Rivera
Cole Ritchey
Absent
Butch White
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 September 2, 2025
Dated the 2nd of September, 2025
Kristine Ranslem
Secretary
EXHIBIT
.0
fls -0oa1/40
Summary of the Weld County Planning Commission Meeting
Tuesday, September 2, 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 Vice Chair
Michael Wailes, at 1:33 p.m.
Roll Call
Present: Barney Hammond, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn
Absent/Excused: Butch White, Calven Goza
Also Present: Diana Aungst, Molly Wright, Angela Snyder, Jim Flesher and Maxwell Nader, Department of
Planning Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ25-0006
Affordable Owner, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District.
Lot A of LLA25-0013; being part of the SW1/4 of Section 25, Township 1 North.
Range 68 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 11; approximately 0.25 miles north of County
Road 4.
Diana Aungst, Planning Services, presented Case COZ25-0006, reading the recommendation and
comments into the record Ms. Aungst noted that no written correspondence or telephone calls were
received regarding this application. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Commissioner Wailes said that Central Weld County Water District is changing some of their boundaries
and where they supply water and asked if this will affect this site. Ms. Aungst said that Central Weld County
Water District has been providing water at this location for many years.
Mike McRoberts, Development Review, reported on the existing traffic and access to the site.
Vince Harris, Baseline Corporation, 112 N Rubey Drive, Golden, Colorado, said that the desire is to
eliminate the need for future modifications to the existing USR and to comply with the future plans for Weld
County and the established opportunity zone. This site is located within an opportunity zone and is logical
for rezoning land to commercial and industrial development. Mr. Harris said that they believe they meet
the criteria required in the Weld County Code and request a recommendation of approval to the Board of
County Commissioners.
Zach Johnson said that the company Go Home Port was started in 2021 and they have done improvements
to every property they have developed. He thanked Weld County for their support.
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 COZ25-0006 to the Board of County Commissioners along'"with thfe Conditions of
Approval and Development Standards -with the Planning Commission's recommendation of approval,
Moved by Michael Biwer, Seconded by Hunter Rivera
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Barney Hammond, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palau, Michael Wailes,
Virginia Guderjahn -
Meeting adjourned at 3 28 p m
Respectfully submitted,
45\i6611-, Adlatuyt,
Kristine Ranslem
Secretary,
2
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