HomeMy WebLinkAbout20253136 Draft Resolution
Grant Change of Zone, COZ25-0008, from the A (Agricultural) Zone District to the
I-1 (Light Industrial) Zone District — 12524 Weld County Road Realty 1, LLC, and
12524 Weld County Road Realty 2, 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
12524 Weld County Road Realty 1, LLC, and 12524 Weld County Road Realty 2, LLC,
5600 East 72nd Avenue, Commerce City, Colorado 80022, requesting a Change of Zone,
COZ25-0008, from the A (Agricultural) Zone District to the I-1 (Light Industrial) Zone
District for a parcel of land located on the following described real estate, to-wit:
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
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." The applicant is requesting a Change of Zone (COZ) from
the A (Agricultural) Zone District to the I-1 (Light Industrial) Zone
District. The parcel currently has public right-of-way frontage to
County Road (CR) 25.5. 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
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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, which is
an urbanizing industrial 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 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
one-quarter (1/4) mile to the Town of Platteville's municipal limits,
and U.S. Highway 85 in the area that is under the Town of
Platteville's jurisdiction. According to the Notice of Inquiry (NOI)
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, 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.
3) Section 22-2-30.B.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 (Light Industrial) Zone District.
The site has access to other urban services, such as a dense
transportation network, electricity, natural gas, and
telecommunication services.
4) Section 22-2-40.A states: "Support compatible economic
development opportunities." The site is located in a Weld County
Opportunity Zone due to the proximity of U.S. Highway 85 being
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 U.S. Highway 85, to the north, on County Road 28.
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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 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, 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. 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 properties surrounding the site are zoned
A (Agricultural) and include a mixture of industrial and agricultural land
uses. To 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 to the east, south,
and west are being used for agriculture. The closest residence is
approximately two-tenths (0.23) of a mile north of the site. There are eight
(8) USRs within one (1) mile of the site. USR-1542 for a mineral, oil and gas
facility; Amended USR-1216, 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 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 (SPOs) 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 NOI 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 NOI, 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, the 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
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"Developing Urban". According to the Town of Platteville's Three Mile Area
Plan, this property is designated as "Commercial/Industrial". 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 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. Adequate water and sewer services for industrial uses are available.
Public water is not required in the I-1 (Light Industrial) Zone District. There
is a Commercial Well Permit, #238499, onsite. On-site Wastewater
Treatment Systems (OWTS) are allowed in the I-1 (Light Industrial) Zone
District. There are two (2) septic systems onsite, SP-9800292 and
SE-9800070, which will need to be approved for commercial and residential
use prior to Site Plan Review approval.
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 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 60 feet." The site abuts County
Road 25.5, 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 25.5 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 25.5.
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.B.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
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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 23-2-40.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
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, indicated 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 (1)
directional drill from well Larkspur Fed 5-3HZ, that runs below the
surface of this property. The report indicated coal and metallic
minerals are not identified as 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 23-2-40.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 100% of the site consists of
low-slope (0-1%) Dacono clay loam soils. The report also indicated
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
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recommended to evaluate the subsurface conditions and provide site
specific recommendations for any future site improvements.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of 12524 Weld County Road Realty 1, LLC, and
12524 Weld County Road Realty 2, LLC, for a Change of Zone, COZ25-0008, from the
A (Agricultural) Zone District to the I-1 (Light Industrial) Zone District on the above
referenced parcel of land, be, and hereby is, granted, subject to the following conditions:
Prior to recording the plat:
A. The residence shall obtain a change of use to a nonresidential building from
the Weld County Building Department.
1. The Change of Zone plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ25-0008.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. All recorded easements and rights-of-way shall be delineated on the plat by
book and page number or Reception number.
D. County Road 25.5 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 the right-of-way.
This road is maintained by Weld County.
E. Delineate and label the U.S. 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".
F. 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.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
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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 a properly permitted well
through the Division of Water Resources.
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
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 subject parcel shall be maintained to mitigate any
impacts 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
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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
Fee, County Facility Fee, and Drainage Impact Fee Programs.
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
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
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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 19th day of November, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
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