HomeMy WebLinkAbout20253283 EXHIBIT
Before the Weld County, Colorado, Planning Commission �
Zo -000°1
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. COZ25-0009
Applicant: CR 25 Lot B West, LLC
Planner: Diana Aungst
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District.
Legal Description: Part of the N1/2 SW1/4 of Section 18,Township 6, Range 66 West of the 6th P.M.,
Weld County, Colorado.
Location: East of and adjacent to CR 25; approximately 0.25 miles north of State Highway
392.
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.
Section 22-2-10.D states: "Guiding Principles:Protecting Health, Safety, and General Welfare.
Land use regulations and policies will protect and enhance the health, safety, and general
welfare of the citizens of Weld County."
The proposed Change of Zone and associated Minor Subdivision supports this guiding
principle in that the applicant is utilizing a proper subdivision process that directly accounts for
health, safety, and general welfare of both future property owners and the surrounding public.
This development is being designed to positively integrate into the surrounding lands and will
provide a quality subdivision for future residents. The Windsor-Severance Fire Protection
District stated that, "More review will need to be done when this is made into a subdivision."
Section 22-2-30.C.2 states: "Establish residential development options based on compatibility,
proximity to municipalities, and availability of services that reflect the desired density and
character of that location."
The proposed Change of Zone, and by extension the proposed subdivision, is located in an
ideal area for such development, as the property is within one(1) mile of municipal boundaries
(Severance and Windsor); however, it is farther than one (1) mile from a municipal sanitary
sewer line and annexation options are limited. The proposed Change of Zone and Non-urban
Scale Development is an appropriate land use in this area. The proposed density and intensity
of this development is compatible with the character of the area.
A Minor Subdivision may be classified as a Non-urban Scale Development per Section 24-5-
10.E of the Weld County Code. This Minor Subdivision meets the definition of a "Non-urban
Scale Development" per Section 24-1-40 of the Weld County Code, defined as"Developments
comprised of nine(9) or fewer lots. These types of developments are only permitted outside of
one (1) mile of a municipal sewer line. Non-urban Scale Developments require a public water
source and public sewer or onsite wastewater treatment systems (OWTS). Internal paved
roads and storm drainage may be required." The proposed Minor Subdivision will have an
internal roadway.
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.
Resolution COZ25-0009
CR 25 Lot B West, LLC
Page 2
The adjacent surrounding lands are zoned A (Agricultural), and the land uses include
agricultural, rural residential, and on-going oil and gas operations. The surrounding properties
are zoned A (Agricultural). There are three (3) subdivisions within between 0.4 and 0.75 miles
of the site: Willow Springs Estates, recorded on March 24, 1994, it is an Estate (E) Zoned
Subdivision with twenty (20) residential lots; Sierra Acres (AMPUDF12-0001), a nine (9) lot
PUD (amended to be a ten (10) lot PUD) with Estate Zone uses, was recorded on March 5,
2014; and Antelope Hills (1st and 2' Filing), twenty-seven (27) lots zone Agricultural, were
both recorded June 24, 1971. The Department of Planning Services sent notice to eight (8)
surrounding property owners within 500-feet of the subject parcel. No responses have been
received.
There are six (6) Use by Special Review permits with-in one mile of the site: USR18-0080 for
a greater that 12-inch high-pressure natural-gas pipeline, USR(SUP)-22 for a feed lot, USR-
976 for a chiropractors office, USR-1428 for the repair of trucks and farm equipment, USR-591
for a crude oil facility, and Amended AMUSR-1144 for a 3,000 head of cattle.
The site is located within the Coordinated Planning Agreement(CPA)boundaries of the Towns
of Severance and Windsor. As part of the pre-application process the municipalities were sent
a Notice of Inquiry (NOI). The Towns of Windsor and Severance submitted Notice of Inquiry
for dated July 29, 2025, and August 5. 2025, respectively, both stating no interest in annexation.
The Town of Severance requests screening from surrounding residents.
The site is located within the three (3)-mile referral areas of the City of Greeley, and the Towns
of Severance and Windsor. The referral agency responses from the three (3) municipalities
were received with no concerns on October 14, 2025, August 5, 2025, and July 29, 2025,
respectively.
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.
The Change of Zone application materials included a water contract from North Weld County
Water District (NWCWD), dated May 21, 2025, and recorded on June 24, 2025. The water
contract states that the infrastructure will include two-and-three-quarters (2.75)-miles of an
eight (8)-inch line for the nine (9)-lot minor subdivision. The NWCWD did not submit referral
agency comments. Each residential site will have an onsite wastewater treatment system
(OWTS).
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 an estate zone district requires an abutment to
a paved road or a gravel road that meets the 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 which is a gravel road.A Condition of Approval
has been added to ensure that County Road 25 meets the code for an adequate road for a
minor subdivision.
There is no access on County Road 25 for the site at this time. The new intersection shall be
located to meet the minimum access and intersection spacing criteria prescribed for a local
road per Weld County Code.
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
Resolution COZ25-0009
CR 25 Lot B West. LLC
Page 3
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 Mineral Resource Statement from Earth Engineering Consultants, LLC (EEC), dated
June 24, 2025, submitted in the application materials, state there are no commercially
viable mineral deposits that could be feasibly extracted on the property. According to the
Colorado Geological Survey referral agency comments dated August 18, 2025, the subject
property is mapped as not containing an aggregate 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 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 52% of
the site consists of low-slope (1-3%) Kim loam soils, 24% low-slope (0-3%) Nelson fine
sandy loam soils, and 23% moderate-slope (3-5%) Otero sandy loam soils. All of these
soils are rated as"Farmland of Statewide Importance". The results of this zone change will
remove about thirty-six (36) acres of Farmland of Statewide Importance from production.
The Kim Loam and the Otero Sandy Loam are Not Limited for dwellings with or without
basements. The Nelson Fine sandy loam is Not Limited for dwelling without basements
and Somewhat Limited for dwellings with basements. 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 E (Estate) Zone District is conditional
upon the following:
1. Prior to recording the plat:
A. Per Section 23-2-40.B.4., the applicant shall demonstrate that County Road 25 has 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. Otherwise, the rezoning shall only be
approved on the condition that the applicant shall enter into an Improvements Agreement prior
to recording the Change of Zone plat. Such agreement shall be in conformance with Appendix
8-N, Transportation Plan, and Section 2- 3-30, Collateral for improvements, both of this Code.
The Improvements Agreement shall provide for the road to be improved to a minimum of 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 prior to the recording of any land use permit
map or issuance of any building permit, access permit, or grading permit, whichever comes
first, and shall be re-evaluated for compliance with any additional improvements upon submittal
Resolution COZ25-0009
CR 25 Lot B West, LLC
Page 4
of an application for a land use permit, building permit, access permit, or grading permit.
Additional improvements, if necessary, may require an amended or new Improvements
Agreement documenting additional requirements. No land use permit, building permit, access
permit, or grading permit shall be issued without review of the Improvements Agreement.
(Development Review)
2. The Change of Zone plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ25-0009. (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 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 at full buildout. 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. (Development Review)
E. Delineate and label any existing County Road 25 access serving the subject parcel and label it with
all applicable access types (i.e., AGRICULTURAL, RESIDENTIAL AND/OR OIL & GAS).
(Development Review)
F. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ25-0009, allows for E(Estate)Zone District uses which shall comply with
the requirements set forth in Chapter 23, Article III, Division 5 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) Any future subdivision of land shall be in accordance with Chapter 24 of the Weld County Code,
as amended. (Department of Planning Services)
4) 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)
5) Water service may be obtained from North Weld County Water District. (Department of
Planning Services)
6) 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)
7) 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)
8) 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)
Resolution COZ25-0009
CR 25 Lot B West, LLC
Page 5
9) The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off-site tracking. (Development Review)
10) 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)
11) 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)
12) 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, 2020 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)
13) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
14) 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
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.
Resolution COZ25-0009
CR 25 Lot B West, LLC
Page 6
Motion seconded by Virginia Guderjahn.
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 4`hofNovember, 2025
`6466- 7 ��rVxl;iYu
Kristine Ranslem
Secretary
EXHIBIT
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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 0 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: COZ25-0009
Applicant: CR 25 Lot B West, LLC
Planner: Diana Aungst
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District.
Legal Description: Part of the N1/2 SW1/4 of Section 18,Township 6, Range 66 West of the 6th P.M.,
Weld County, Colorado.
Location: East of and adjacent to CR 25, approximately 0.25 miles north of State Highway
392.
Diana Aungst, Planning Services, presented Case COZ25-0009, reading the recommendation and
comments into the record. Ms. Aungst stated that no responses from surrounding property owners have
been received regarding this application. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Commissioner Hammond referred to a limit of 30 persons per day with this type of zoning if there is an
event and no more than the three (3) consecutive days in length and asked if that is right. Ms. Aungst said
that this might be referring to temporary events because an event center is not permitted in an Estate Zone.
Mike McRoberts, Development Review, reported on the existing traffic and access to the site.
Aaron Everitt,1864 Vista View Drive, Ft. Collins, Colorado, stated that this change of zone is for a proposed
9-lot subdivision. He added that they started this project in 2021 and it was stalled due to the moratorium
on wells from North Weld County Water District. The proposed size of the lots are over 2.5 acres each.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Casey Lauer, 6141 Lesser Drive, Greeley, Colorado, stated that he owns the adjacent property to the south
and asked about the irrigation line that services his property as well as road improvements and/or road
access. He added that there is currently no other access that comes off of County Road 25 other than the
access to his property.
Mr. Everitt said that the irrigation service will be piped underground to his existing pond and added that he
will make sure it is delivered to his property. He added that they will create a new access off of County
Road 25 and added that traffic will not trigger any required improvements along County Road 25.
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 COZ25-0009 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Palizzi, Seconded by Virginia Guderjahn.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Meeting adjourned at 3:05 p.m.
Respectfully submitted,
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Kristine Ranslem
Secretary
2
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