HomeMy WebLinkAbout20253282 Draft Resolution
Grant Change of Zone, COZ25-0009, from the A (Agricultural) Zone District to
the E (Estate) Zone District — CR 25 Lot B West, 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 10th day of December, 2025, at the hour of
10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
CR 25 Lot B West, LLC, 2809 East Harmony Road, Suite 310, Fort Collins, Colorado
80528, requesting a Change of Zone, COZ25-0009, from the A (Agricultural)Zone District
to the E (Estate) Zone District for a parcel of land located on the following described real
estate, to-wit:
Part of the N1/2 SW1/4 of Section 18, Township 6 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 22-2-10.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 in that the applicant is
utilizing a proper subdivision process, which directly accounts for the
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
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Change of Zone, COZ25-0009 — CR 25 Lot B West, LLC
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quality subdivision for future residents. The Windsor-Severance Fire
Protection District stated, "More review will need to be done when
this is made into a subdivision."
2) 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
On-site Wastewater Treatment Systems (OWTS). Internal paved
roads and storm drainage may be required." The proposed Minor
Subdivision will have an internal roadway.
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 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 0.4 miles and 0.75
miles of the site: Willow Springs Estates, recorded on March 24, 1994, is an
E (Estate) Zoned Subdivision with 20 residential lots; Sierra Acres
(AMPUDF12-0001), recorded on March 5, 2014, is a nine (9) lot PUD
(amended to be a ten [10] lot PUD) with E (Estate) Zone uses; and
Antelope Hills (1st and 2nd Filing), both filings recorded on June 24, 1971,
is for 27 lots, zoned A (Agricultural). The Department of Planning Services
sent notice to eight (8) surrounding property owners (SPOs) within 500 feet
of the subject parcel. No responses have been received. There are six (6)
Use by Special Review Permits within one (1) mile of the site: USR18-0080,
for a greater that 12-inch high-pressure natural-gas pipeline; USR(SUP)-22,
for a feedlot; USR-976, for a chiropractors office; USR-1428, for the repair
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Change of Zone, COZ25-0009 — CR 25 Lot B West, LLC
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of trucks and farm equipment; USR-591, for a crude oil facility; and
AMUSR-1144, for 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 NOls, dated July 29, 2025, and August 5, 2025,
respectively, both stating no interest in annexation. The Town of Severance
requested 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. 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. 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. The Change of Zone application materials included a Water
Contract from the North Weld County Water District (NWCWD), dated
May 21, 2025, and recorded on June 24, 2025. The Water Contract stated
the infrastructure will include 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 On-site Wastewater Treatment
System (OWTS).
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 an E (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 60
feet. The site abuts County Road (CR) 25, which is a gravel road. A
Condition of Approval has been added to ensure that CR 25 meets the Weld
County Code for an adequate road for a minor subdivision. There is no
access on CR 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 23-2-40.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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Change of Zone, COZ25-0009 — CR 25 Lot B West, LLC
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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 Mineral Resource Statement
from Earth Engineering Consultants, LLC (EEC), dated June 24,
2025, submitted with the application materials, stated 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 23-2-40.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 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 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.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of CR 25 Lot B West, LLC, for a Change of Zone,
COZ25-0009, from the A (Agricultural) Zone District to the E (Estate) Zone District on the
above referenced parcel of land, be, and hereby is, granted, subject to the following
conditions:
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Change of Zone, COZ25-0009 — CR 25 Lot B West, LLC
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1. Prior to recording the plat:
A. Per Section 23-2-40.B.4, the applicant shall demonstrate that County Road
(CR) 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 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 the Weld County 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 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.
2. The Change of Zone plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ25-0009.
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 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.
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 and Gas).
F. The following notes shall be delineated on the Change of Zone plat:
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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.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) Any future subdivision of land shall be in accordance with Chapter 24
of the Weld County Code, as amended.
4) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
5) Water service may be obtained from the North Weld County Water
District.
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.
7) 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.
8) 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.
9) The access to the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off-site tracking.
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.
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
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Change of Zone, COZ25-0009 — CR 25 Lot B West, LLC
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generally attributed to runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of stormwater runoff.
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 have been
adopted by Weld County: 2018 International Codes, 2018
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.
13) All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
14) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
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. 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.
4. 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.
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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 three (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.
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 10th day of December, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
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