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Home My WebLink About20253138 CHANGE OF ZONE 131114 STAFF COMMENTS COUNTY,CO Planner: Matthew VanEyll Hearing Date: November 4, 2025 Case Number: COZ25-0008 Owner: 12524 Weld County Road Realty 1 LLC c/o Aaron Zbierski and 12524 Weld County Road Realty 2 LLC c/o Shannon Zbierski 5600 E 72nd Ave, Commerce City, CO 80022 Agent: AGPROfessionals c/o Kelsey Bruxvoort 4505 W 29th St, Greeley, CO 80634 Request: Change of Zone from the A (Agricultural) Zone District to the I-1 (Light Industrial) Zone District Legal Lot A of Recorded Exemption RE-2235; being the part of the NE4 of Section 31, T3N, Description: R66W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 25.5; approximately 0.41 miles south of County Road 28 Parcel Size: +/- 3.41 acres Parcel No. 1211-31-1-00-051 The criteria for review of this Change of Zone are listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Town of Platteville, referral dated October 10, 2025 ➢ City of Fort Lupton, referral dated October 15, 2025 ➢ Colorado Geological Survey, referral dated August 18, 2025 ➢ Colorado Division of Water Resources, referral dated August 27, 2025 ➢ Weld County Department of Planning Services— Development Review, referral dated August 22, 2025 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld County Sheriff's Office, referral dated July 24, 2025 ➢ Colorado Department of Transportation, referral dated July 28, 2025 ➢ Northern Colorado Water Conservancy, referral dated August 26, 2025 ➢ Weld County Oil and Gas Energy Department, referral dated July 31, 2025 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Colorado Parks and Wildlife ➢ Platteville Conservation District ➢ Platteville Fire Protection District ➢ Weld County School District RE-1 COZ25-0008 I Jayhawk Trailers Page 1 of 7 CASE SUMMARY: The applicant is requesting a Change of Zone from A(Agricultural)Zone District to the I-1 (Light Industrial) Zone District. The just under three-and-a-half (3.5)-acre parcel has direct access to County Road 25 '/2. There is an existing Use by Special Review on site for camper sales, USR-1385, approved by the Board of County Commissioners (BOCC) on June 26, 2002, recorded December 10, 2003 under reception number 3133947. The proposed use of"vehicle rental, sales, services and/or repair establishments", would not be allowed in the A(Agricultural)Zone District, therefore, a change of zone would be required. There is an existing residence on the property. With a zone change to the I-1 (Light Industrial)zone district, the living quarters for caretaker or security personnel is allowed via a permit for one (1)manufactured home per legal lot, Sec. 23-3-310.E.2, but no permanent living quarters are allowed. The conversion to nonresidential use of the residence is required as a condition of approval. Note, a Change of Zone is not approval of a particular use, but opens the property to the potential for any use allowed in the new zone district. Any new business will require a Site Plan Review (SPR), a Use by Special Review Permit(USR), or a Zoning Permit. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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. Section 22-2-30.8 states: "Locate urban development in urban areas." The applicant is requesting to rezone from A (Agricultural) Zone District to the I-1 (Light Industrial)Zone District. The parcel currently has public right-of-way frontage to County Road 25 %. 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. 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." 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. COZ25-0008 I Jayhawk Trailers Page 2 of 7 Section 22-2-30. 8.2 states: "Urban-scale development shall only be placed where urban services, including public water, are available." 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 service, 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". COZ25-0008 I Jayhawk Trailers Page 3 of 7 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 '/2, 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'/2 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 '/2. 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 may be demonstrated in a previous public hearing or in the hearing 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 recoverable material for economic purposes. No other geologic hazards were identified. COZ25-0008 I Jayhawk Trailers Page 4 of 7 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 Dacono clay loam soils are classified as "Prime farmland, if irrigated". The results of this zone change will remove about three and four tenths (3.41) acres of potentially prime farmland from production; however, the site has not been utilized for agricultural uses since about 1998, when Recorded Exemption RE-2235 reduced the size of the property. The site consists of a single-family residence and a 1972 warehouse structure. 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 I-1 (LIGHT INDUSTRIAL)ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording the plat: A. The residence shall obtain a change of use to a nonresidential building from the Weld County Building Department. (Department of Planning Services) 2. The Change of Zone plat shall be amended to delineate the following: B. All sheets of the plat shall be labeled COZ25-0008. (Department of Planning Services) C. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning Services) D. 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) E. County Road 25'/2 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) F. 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) G. The following notes shall be delineated on the Change of Zone plat: 1) Change of Zone, COZ25-0008, allows for I-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) COZ25-0008 I Jayhawk Trailers Page 5 of 7 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) 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.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 COZ25-0008 I Jayhawk Trailers Page 6 of 7 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 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. 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. COZ25-0008 I Jayhawk Trailers Page 7 of 7 DEPARTMENT OF PLANNING vvti4 SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov COUNTY, CO Email: mvaneyll@weld.gov Phone: (970) 400-3556 October 1, 2025 Fax: (970) 304-6498 Kelsey Bruxvoort 3050 67th Ave Greeley, CO 80634 Subject: COZ25-0008- Change of Zone from the A(Agricultural)Zone District to the I-1 (Light Industrial)Zone District On parcel(s) of land described as: 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. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 4, 2025 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November 19, 2025 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://aca- prod.accela.com/WELD/ Respectfully, f/704 Matthew V Eyll Planner Hello