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Home My WebLink About20253122 Draft Resolution Grant Change of Zone, COZ25-0010, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District— Hollingshead Materials, 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 19th day of November, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Hollingshead Materials, LLC, 1000 Hollingshead Circle, Murfreesboro, Tennessee 37129, requesting a Change of Zone, COZ25-0010, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District for a parcel of land located on the following described real estate, to-wit: Lot A of Recorded Exemption, RE-4866; being part of the NW1/4 of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado Whereas, at said hearing, the applicant was present/represented by [Representative], [Representative Address], 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." According to the Weld County Comprehensive Plan Map, the property is designated for Urban development and is within a Weld County Opportunity Zone, which indicates the property may be an appropriate location for commercial or industrial development, based on site-specific factors. The area is currently urbanizing and is an appropriate location to consider commercial development. The 2025-3122 PL2984 Change of Zone, COZ25-0010 — Hollingshead Materials, LLC Page 2 property is located approximately 0.4 miles from Johnstown and 0.5 miles from Windsor. A Notice of Inquiry (NOI) response, dated March 20, 2025, indicated the Town of Johnstown is not interested in annexing the property, but asked to be included as a referral agency regarding site development. The Johnstown Future Land Use Map identifies the property for "High Density/High Intensity" development. According to the NOI response from the Town of Windsor, dated March 24, 2025, the property is outside of Windsor's Growth Management Area. 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." The proposed Change of Zone is consistent, as the site is not within one-quarter (1/4) mile of a municipality. Windsor is more than one-half (1/2) mile to the north, and north of U.S. Highway 34. 3) Section 22-2-30.B.2 states: "Urban-scale development shall only be placed where urban services, including public water, are available." Public water is provided to this property by the Little Thompson Water District, which returned a referral, dated August 28, 2025, indicating no concerns with the rezoning. The property is currently served by an On-site Wastewater Treatment System (OWTS), Permit #SP-1700026, which is acceptable in the C-3 Zone District. Other urban utility services are available, such as electric, natural gas, high speed internet, and access to federal highways and rail. 4) Section 22-2-30.C.1 states: "Harmonize development with surrounding land uses. Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts." The site is approximately one-half (1/2) mile from a residential subdivision, Indianhead. The applicant indicated a willingness to screen and landscape the property, as necessary, to create a buffer between the two (2) land uses. C-3 Zoning further provides a buffer between industrial uses to the south along the Union Pacific and Great Western railroads and the U.S. Highway 34 gateway corridor to the north. 5) Section 22-2-40.A states: "Support compatible economic development opportunities." This site is located in a Weld County Opportunity Zone. The site is within one (1) mile of U.S. Highway 34 and within one-quarter (1/4) mile of a railroad track. 2025-3122 PL2984 Change of Zone, COZ25-0010 — Hollingshead Materials, LLC Page 3 6) Section 22-2-40.A.1 states: "Support compatible economic development opportunities. Identify target areas where the County is able to encourage shovel-ready commercial and industrial development." The subject property is located adjacent to an arterial paved road, Colorado Boulevard (County Road 13), improved to withstand considerable commercial and industrial traffic. The site is located within a Weld County Opportunity Zone. The urbanization and increased population density in the area further support commercial zoning on the subject property. 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. Land uses immediately surrounding the property to the west, north, and east consist of oil and gas production facilities and agriculture uses. Land to the south is zoned industrial and consists of industrial uses including transloading, concrete and asphalt batching, a construction company, a mini-storage facility, and a pet crematorium. The Iron Horse Industrial Park in Johnstown, less than one-half (1/2) mile to the west, hosts several additional industrial and commercial users. On August 15, 2025, the Department of Planning Services sent notice via regular mail to three (3) surrounding property owners (SPOs) within 500 feet of the subject parcel, including those in both Larimer and Weld Counties. The Department of Planning Services received no responses from SPOs. 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 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 Zoning Permit will adequately address and 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. Public water is provided to this property by the Little Thompson Water District, which returned a referral, dated August 28, 2025, indicating no concerns with the rezoning. The parcel is not currently served by a municipal sanitary sewer system. The property is currently served by a residential On-site Wastewater Treatment System (OWTS), Permit #SP-1700026. If the system is intended to be used commercially, it will be reviewed through the land use permitting process. Sewage disposal may be provided by an OWTS designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality 2025-3122 PL2984 Change of Zone, COZ25-0010 — Hollingshead Materials, LLC Page 4 Control Division, and the Weld County Code in effect at the time of system construction, repair, replacement, or modification. 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. Per this Section, a Change of Zone to a commercial district requires the property access on to an adequately improved road. The site directly abuts Colorado Boulevard, which is a paved public arterial road. The existing access, granted via the plat for Recorded Exemption, RE-4866, recorded May 21, 2009, at Reception No. 3624449, is a 30-foot shared access easement located on the northern property line. The traffic produced by a new user may trigger improvements to the access but will be determined with review of a new land use permit. 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 23-2-30.A.5.a — If the proposed Change of Zone is located within any Overlay District identified by maps officially adopted by the County, 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 site is not located within an overlay district officially adopted by the County, including A-P (Airport) Overlay District, Geologic Hazard Overlay District, Floodplain Management Overlay District, Historic Townsites Overlay District, 1-25 Overlay District, Agricultural Heritage Overlay District, or (MS4) Multiple Separate Storm Sewer System area. 2) Section 23-2-30.A.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 such deposit, by an extractor, to any greater extent than under the present zoning of the property. The proposed rezoning will not interfere with the present or future extraction of a commercial mineral deposit. The report submitted with the application, prepared by Earth Engineering Consultants, LLC, dated April 3, 2025, indicated geologic hazards do not appear on the property, critical mineral resources are not inferred on the property, and coal resources do not appear as an economic resource. 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 2025-3122 PL2984 Change of Zone, COZ25-0010 — Hollingshead Materials, LLC Page 5 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 the site consists of Nunn clay loam and Wiley-Colby complex, both with one to three percent (1 - 3%) slopes. Both are rated as "somewhat limited" for small commercial buildings and basements due to shrink-swell ratings. However, the limitations are not moderate or severe and can be overcome with building design. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of Hollingshead Materials, LLC, for a Change of Zone, COZ25-0010, from the A (Agricultural) Zone District to the C-3 (Business Commercial) 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 pages of the plat shall be labeled COZ25-0010. B. The plat shall adhere to Section 23-2-50.0 and .D of the Weld County Code. C. All recorded easements shall be shown and dimensioned on the Change of Zone plat. D. All approved accesses shall be delineated on the plat. E. County Road 13 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label the existing right-of-way (along with its creating document), the future right-of-way, and the physical location of the road. All setbacks shall be measured from the future right-of-way line. This road is maintained by Weld County. F. The following notes shall be delineated on the Change of Zone plat: 1) The Change of Zone, COZ25-0010, allows for C-3 (Business Commercial) Zone District uses, which shall comply with the requirements set forth in Chapter 23, Article Ill, Division 3 of the Weld County Code. 2) Any future structures onsite must obtain the appropriate Building Permits. 2025-3122 PL2984 Change of Zone, COZ25-0010 — Hollingshead Materials, LLC Page 6 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 Little Thompson Water District. 5) The parcel is not currently served by a municipal sanitary sewer system. Sewage disposal may be by an On-site Wastewater Treatment System (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 6) Activity or use on the surface of the ground over any part of the On-site Wastewater Treatment System (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. 8) The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 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. 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. 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 have been adopted by Weld County: 2018 International Codes, 2018 2025-3122 PL2984 Change of Zone, COZ25-0010 — Hollingshead Materials, LLC Page 7 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. 12) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Fee Impact, County Facility Fee, and Drainage Impact Fee Programs. 13) All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 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. 3. If a plat has not been recorded within 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 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 2025-3122 PL2984 Change of Zone, COZ25-0010 — Hollingshead Materials, LLC Page 8 Commissioners. However, no Building Permit shall be issued, and no use shall commence on the property, until the plat is recorded and a land use permit perfected. 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 19th day of November, A.D., 2025: [Insert Resolution Attestation Block Post Meeting] 2025-3122 PL2984 Hello