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Resolution
Grant Change of Zone, COZ25-0006, from the A (Agricultural) Zone District to the
1-2 (Medium Industrial) Zone District—Affordable Owner, 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 1st day of October, 2025, at the hour of 10:00
a.m., in the Chambers of the Board, for the purpose of hearing the application of
Affordable Owner, LLC, 1492 County Road 11, Erie, Colorado 80516, requesting a
Change of Zone, COZ25-0006, 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:
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
Whereas, at said hearing, the applicant was represented by Baseline Engineering, 112
North Rubey Drive, #210, Golden, Colorado 80403, 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 states: "Locate urban development in urban
areas."The applicant is requesting to rezone about 32.25 acres from
the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone
District. The parcel initially lacked public right-of-way frontage;
however, Lot Line Adjustment, LLA25-0013, was administratively
approved on September 10, 2025, and recorded under Reception
No. 5056239, to add an approximate 2.25-acre flagpole to the
30-acre parcel to provide an abutment to County Road 11. The site
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Carly Koppel, Clerk and Recorder, Weld� County , CO PL0590
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Change of Zone, COZ25-0006 —Affordable Owner, LLC
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is located in the Urban Area according to the Weld County
Comprehensive Plan.
2) Section 22-2-30.B.1 states: "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." This
Change of Zone (COZ) is consistent with this Section 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.
3) Section 22-2-30.B.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 the Mountain View Water Users
Association, although no referral response was received. There is a
Septic Permit, SP-1400200, on the site.
4) 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 years. The subject site
does not benefit from this rail line.
5) Section 22-2-30.0 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
(SPOs) noted.
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 are zoned
A (Agricultural), and the land uses include commercial, industrial,
agricultural and rural residential. USR(SUP)-223 for a compressor station is
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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 the
closest residence is approximately one-third (1/3) of a mile east of the site,
east of the railroad track.
There are 15 USRs within one (1) mile of the site. USR16-0026 is for a
commercial junkyard and salvage yard, USR-1737 is for commercial vehicle
storage and repair, AMUSR-941 is for a compressor station,
USR(SUP)-223 is for a compressor station, USR-998 is for electrical power
lines 230 kV, USR-1392 is for electrical power lines 115 kV, USR-1077 is
for a 24-inch natural gas pipeline, USR-1341 is for gravel mining and a
batch plant, USR16-0041 is for a mineral resource development facility,
1 MUSR20-18-0061 is for an oil and gas support service facility, USR-1702
is for a public utility facility, USR-733 is for four (4) radio towers, each
324 feet in height, USR-971 is for manufacturing of stairs,
1 MUSR19-04-1445 is for construction, storage and fabrication of materials,
2MUSR17-13-0010 is for an RV, boat, and commercial vehicles storage
facility, USR16-0002 is for storage of roofing materials, USR-1669 is for
truck parking, USR-117 is for a turkey farm with 3,000 turkeys (no longer
operating), and USR16-0035 is for a vehicle parking and storage.
On June 24, 2025, the Department of Planning Services sent notice to
five (5) SPOs within 500 feet of the subject parcel and no correspondence
was received.
The site is not located within a Coordinated Planning Agreement (CPA)
boundary of any municipality but is located within the three (3) mile referral
area for the Cities of Northglenn, Dacono, Thornton and Fort Lupton, the
Town of Erie, as well as Broomfield County and Adams County. The referral
comments received from the Town of Erie, City of Dacono and City of
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.
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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 SPOs 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. 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. There is an existing water tap from the CWCWD and possibly from
the Mountain View Water Users Association, although no referral response
was received. There is a Septic Permit, SP-1400200, on the site.
D. Section 23-2-40.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 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 23-2-40.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 23-2-40.6.5.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 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 23-2-40.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
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Change of Zone, COZ25-0006 —Affordable Owner, LLC
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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, stated there
are no significant resources of clean and sound coarse aggregate,
which 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 stated
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.
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 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 11 acres of Farmland of Statewide Importance from
production; however, the site has not been utilized for agriculture
uses since about 1983.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Affordable Owner, LLC, for a Change of Zone,
COZ25-0006, 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. The Change of Zone plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ25-0006.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
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C. All recorded easements and rights-of-way shall be delineated on the plat by
book and page number or Reception number.
D. This portion of County Road 11 is under the jurisdiction 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 and 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).
E. The applicant shall show and label (including the Reception number) any
existing access and/or utility easement within the limits of the subject parcel.
F. The following notes shall be delineated on the Change of Zone plat:
1) Ch'ange of Zone, COZ25-0006, 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) 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) Water service may be obtained from the Central Weld County Water
District.
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.
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.
7) 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.
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Change of Zone, COZ25-0006 —Affordable Owner, LLC
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8) The access to the subject parcel shall be maintained to mitigate any
impacts to County Road 11, including damages and/or off-site
tracking.
9) The historical flow patterns and runoff amounts will be maintained on
the lots created with this lot line adjustment.
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 have been
adopted by Weld County: 2018 International Codes, 2018
International Energy Conservation Code, 2023 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.
11) 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.
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.
2. Upon completion of Condition 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. 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.
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Carly Koppea, Clerk and Recorder, Weld County , CO
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Change of Zone, COZ25-0006 —Affordable Owner, LLC
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3. If a plat has not been recorded within 120 days of the date of the approval of the
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.
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 1st day of October, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tern: Aye �'*` t �t��`
Jason S. Maxey: Excused I aa;;
Lynette Peppier: Aye
' it 4
ea
Kevin D. Ross: Aye
e.
Approved as to Form: tearer_"
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Kappa', Clerk and Recorder, Weld County , CO 2025-2670
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