HomeMy WebLinkAbout20253137 EXHIBIT
Ce 2- DS — 0008
Before the Weld County , Colorado , Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi , 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 - 0008
Applicant : 12524 Weld County Road Realty 1 , LLC and 12524 Weld County Road Realty 2 ;
LLC
Planner : Matthew VanEyll
Request : Change of Zone from the A ( Agricultural ) Zone District to the 1 - 1 ( Light Industrial )
Zone District .
Legal Description : Lot A of Recorded Exemption RE - 2235 ; being part of the NE1 / 4 of Section 31 ,
Township 3 North , Range 66 West of the 6th P . M . Weld County , Colorado .
Location : East of and adjacent to County Road 25 . 5 , approximately 0 . 41 miles south of
County Road 28 .
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 .
S ection 22 - 2 - 30 . 8 states : " Locate urban development in urban areas . "
The applicant is requesting to rezone from A ( Agricultural ) Zone District to the 1 - 1 ( Light
Industrial ) Zone District . The parcel currently has public right - of - way frontage to County Road
25 'A . There is also an access onto U . S . Highway 85 that is to be closed and reclaimed .
The site is within a Weld County Opportunity Zone , due to the proximity to U . S . Highway 85 .
The Weld County Opportunity Zone indicates the site may be a favorable location for rezoning
to commercial and industrial , based on other contributing factors . The site is located between
the Town of Platteville and the City of Fort Lupton , an urbanizing industrial area .
S ection 22 - 2 - 30 . 8 . 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 . "
The site is located within the Annexation area for the Town of Platteville , according to the Weld
County Comprehensive Plan . The applicant was encouraged to consider annexation as the
site is located within a quarter ( 0 . 25 ) mile to the Town of Platteville ' s municipal limits , and U . S .
Highway 85 in the area is under the Town of Platteville ' s jurisdiction . According to the Notice
of Inquiry received from the Town of Platteville , dated January 8 , 2025 , the Town indicated it
wanted to set up a meeting to discuss annexation . In a correspondence dated April 1 , 2025 .
the Town instructed the applicant to " proceed with Weld County ' s land use process . If the
client ' s change their mind , Platteville is here , business - friendly , and ready to help . " A referral
from the Town of Platteville , dated October 10 , 2025 , indicated that , due to the applicant ' s
desire to stay in unincorporated Weld County , the Town of Platteville would not oppose the
request to proceed with the County .
S ection 22 - 2 - 30 . 8 . 2 states : " Urban - scale development shall only be placed where urban
services , including public water, are available . "
Resolution COZ25-0008
12524 Weld County Road Realty 1,LLC and 12524 Weld County Road Realty 2,LLC
Page 2
The site has adequate urban services available for industrial uses Public water is not required
in the I-1 Zone District The site has access to other urban services,such as access to a dense
transportation network,electricity,natural gas,and telecommunication services
Section 22-2-40 A states"Support compatible economic development opportunities"
This site is located in a Weld County Opportunity Zone,due to the proximity of U S Highway
85 adjacent to and east of the subject site The subject site is located approximately four-tenths
(4)of a mile from its nearest access point to State Highway 85 to the north on County Road
28
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 industrial
and agricultural To the north is an oil and gas support and service facility The properties to
the east,south,and west are being used for agriculture Also,to the east,on the eastern side
of U S Highway 85,is the Union Pacific Railroad The site has been utilized as a camper sales
facility since 2003 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 properties surrounding the site are zoned A(Agricultural)and include a mixture of industrial
and agricultural land uses The north is an industrial use permitted by Use by Special Review
(USR)permit,USR-1542,for an oil and gas support and service facility(storage of repair and
oilfield equipment)The properties east,south,and west are being used for agriculture The
closest residence is just about two-tenths of a mile(0 23 miles)north of the site
There are eight(8)USRs within one(1)mile of the site USR25-1542 for a mineral,oil and gas
facility, USR-1216AM for an oil and gas production facility, USR11-0012 for a
- telecommunication tower, USR-1308 for a kennel for up to 80 dogs, USR16-0025 for
commercial parking and storage,USR-715 for a roadside retail nursey/garden,USR-1165 for
an eighty-one(81)foot telecommunication tower,and SUP-261 for a gravel pit
On June 23,2025,the Department of Planning Services sent notice to six(6)surrounding
property owners within 500 feet of the subject parcel No correspondence was received
The site is located within the Coordinated Planning Agreement(CPA)boundaries and three(3)
mile referral areas of both the Town of Platteville and City of Fort Lupton Neither of the
municipalities expressed any concern with rezoning the property to I-1(Light Industrial)
According to the Notice of Inquiry received from the Town of Platteville,dated January 8,2025,
the Town indicated a desire to annex the property However,in an updated correspondence
dated April 1,2025,and again in a referral response dated October 10,2025,the Town
indicated no concerns with the applicant's Weld County application
According to the City of Fort Lupton's Notice of Inquiry,dated January 10,2025,the site is
outside the City's Growth Management Area, in accordance with an Intergovernmental
Agreement with the Town of Platteville
The subject property is not located within the City of Fort Lupton's future land use map
According to the Town of Platteville's Planning Boundary Map,this property is located within
the Platteville Urban Growth Area According to the Town of Platteville's Urban Growth
Planning Areas map,this property is designated as"Developing Urban"According to the Town
of Platteville's Three Mile Area Plan,this property is designated as"Commercial/Industrial"
i
Resolution COZ25-0008
12524 Weld County Road Realty 1,LLC and 12524 Weld County Road Realty 2,LLC
Page 3
Any future or expanded commercial or 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
Adequate water and sewer services for industrial uses are available Public water is not
required in the I-1 Zone District There is a commercial well permit on-site,permit number
238499 Onsite Wastewater Treatment Systems(OWTS)are allowed in the I-1 Zone District
There are two(2)septic systems onsite,SP-9800292 and SE-9800070 They will need to be
approved for commercial and residential use prior to site plan review approval
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 or industrial zone district requires
the road to"have a minimum 26-foot-wide travel surface with a minimum 4-inch depth of
aggregate surface course(gravel)and a minimum RIGHT-OF-WAY width of sixty(60)feet"
The site abuts County Road 25'A,which is under Weld County's jurisdiction According to the
Weld County Development Review referral,dated August 22,2025,"The applicant has
provided satisfactory documentation demonstrating County Road 25'/meets the physical road
requirements specified in Section 23-2-40 B 4,of the Weld County Code No further roadway
information is needed" Department of Planning Services staff is not requesting an
Improvements Agreement for County Road 25'/
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 Districts
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 Geology Report from Substrata,LLC,dated February 26,2025,submitted in the
application materials,indicates that oil and gas resources have the potential for economic
recovery,with existing gas wells expected to be able to recover these resources through
directional drilling that would not be impeded by development of this property Currently,
there is one directional drill from well Larkspur Fed 5-3HZ that runs below the surface of
this property The report indicates coal and metallic minerals are not identified as
Resolution COZ25 - 0008
12524 Weld County Road Realty 1 , LLC and 12524 Weld County Road Realty 2 , LLC
Page 4
recoverable material for economic purposes . No other geologic hazards were identified .
According to the Colorado Geological Survey referral , dated August 18 , 2025 , " even if a
resource were determined to be present , the site ' s small size likely precludes economic
extraction . Additionally , the proposed zone change does not necessarily preclude future
extraction if a mineral resource is determined to be present . " The change of zone to the I -
1 ( Light Industrial ) Zone District would still allow open mining to be pursued via a Use by
Special Review process .
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 prior to the development of the
property .
The Natural Resources Conservation Services ( NRCS ) Soil Survey indicates that 100 % of
the site consists of low - slope ( 0 - 1 % ) Dacono clay loam soils . The report indicated that the
soils for this property are " somewhat limited " for dwellings with basements , dwellings
without basements , and small commercial buildings . The site consists of a single - family
residence and a 1972 warehouse structure . Geotechnical subsurface explorations are
recommended to evaluate the subsurface conditions and provide site specific
recommendations for any future site improvements .
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 - 1 ( Light Industrial ) Zone District is
conditional upon the following :
A- - a - - AS • _ - • . se _ } Fl a change of use to a nonresidential building from the Weld County
1 . The Change of Zone plat shall be amended to delineate the following :
A . All sheets of the plat shall be labeled COZ25 - 0008 . ( 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 . County Road 25 '/z is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right - of - way . The applicant shall delineate and label
the existing right - of - way ( along with its creating documents ) 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 . Delineate and label the US Highway 85 right - of - way , the physical location of the road , and the
existing gated access located at mile marker 249 . 76 . Label the access . " TO BE CLOSED AND
RECLAIMED " . ( Development Review )
F . The following notes shall be delineated on the Change of Zone plat :
Resolution COZ25 - 0008
12524 Weld County Road Realty 1 , LLC and 12524 Weld County Road Realty 2 , LLC
Page 5
1 ) Change of Zone , COZ25 - 0008 , allows for 1 - 1 ( Light 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 a properly permitted well through the Division of Water
Resources . ( Department of Planning Services )
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 the public road ,
including damages and / or off - site tracking . ( Development Review )
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 , 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 , 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 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 )
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
Resolution COZ25 - 0008
12524 Weld County Road Realty 1 , LLC and 12524 Weld County Road Realty 2 , LLC
Page 6
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 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 Barney Hammond .
VOTE :
For Passage Against Passage Absent
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Cole Ritchey
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
41)\.(14661kranolkalku
Kristine Ranslem
Secretary
EXHIBIT
• as - O oa
Summary of the Weld County Planning Commission Meeting
Tuesday , November 4 , 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
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 : COZ25 - 0008
Applicant : 12524 Weld County Road Realty 1 , LLC and 12524 Weld County Road Realty 2 ,
LLC
Planner : Matthew VanEyll
Request : Change of Zone from the A ( Agricultural ) Zone District to the 1 - 1 ( Light Industrial )
Zone District .
Legal Description : Lot A of Recorded Exemption RE - 2235 ; being part of the NE1 / 4 of Section 31 ,
Township 3 North , Range 66 West of the 6th P . M . , Weld County ; Colorado .
Location : East of and adjacent to County Road 25 . 5 ; approximately 0 . 41 miles south of
County Road 28 .
Matthew VanEyll , Planning Services , presented Case COZ25 - 0008 , reading the recommendation and
comments into the record . Mr . VanEyll noted that the applicant is requesting to remove Condition of
Approval 1 . A as it will be addressed during the Site Plan Review Process . 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
Kelsey Bruxvoort , AgProfessionals , 4505 West 29th Street , Greeley , Colorado , stated that the applicants
are requesting to change the zone from A ( Agricultural ) to 1 - 1 ( Light Industrial ) . Jayhawk Trailers is
proposing to have trailer sales , parts sales , trailer service and repair and propane sales and vehicle rental ,
sales , services and / or repair establishments uses . They will also utilize the existing showroom on site and
the display areas . The only proposed change for the site is the expansion of the parking and outdoor display
area .
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 for any changes to the conditions of approval and development standards . Mr . VanEyll
stated that the residence on site is allowed with a zoning permit during the Site Plan Review process . If
this change of zone is to be approved , it will go through a Site Plan Review and the residence will be
documented during that process . Therefore , Staff is in support of removing Condition of Approval 1 . A .
Motion : Delete Condition of Approval 1 . A ,
Moved by Michael Palizzi , Seconded by Cole Ritchey
Motion carried unanimously .
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 COZ25-0008 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, -
Moved by,Michael Palizzi,Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote(summary Yes=7)
Yes Barney Hammond,Calven Goza,Cole Ritchey,Michael Biwer,Michael Pahzzi,Michael Wailes,
Virginia Gudegahn
Meeting adjourned at 3 05 p m
Respectfully submitted, -
-,YgamaLtf4'u -
Kristine Ranslem.
Secretary a
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