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CHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# 1$ CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 4 7 1 . 3 0 . 1 _ 0 0 . 0 2 3
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area.If additional space is required,Mach an addtional sheet)
Legal Description Part of S 1/2 of S 1/2 of NE 1/4 of , Section 30 , Township 1 North, Range 66 West
Property Address(If Applicable) 1575 Weld County Road 27--Brighton,CO 80601
Existing Zone District : Agr. Proposed Zone District: Ind.3 Total Acreage: 19.87 Proposed 1
Average Lot Size: 19.87 Minimum Lot Size: 19.87 Proposed Subdivision Name: N/A
FEE OW NER(S) OF THE PROPERTY (If additional space is required,attach an addtional sheet)
Name: Arnheim, LLC(Kane or John Turner)
Work Phone# (303)659-2664 Home Phone# (303)591-3449 Email Address lohn.turner@aisacivil.com
Address: 1575 Weld County Road 27
City/State/Zip Code Brighton, CO 80601
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications sgned by Authorized Agent)
Name: °-"- ee•aHove ,!SACK a GE550 ( MA- GEs5o)
Work Phone# t"3)27T411 omePhone # Email Address
Address: 171 or� �0%;e' 5b ck 1 Sv k6 (n
City/State/Zip Code Aanewoo. CO. So2l S
UTILITIES: Water: Private well(#242969)
Sewer: Individual septic(#SP-0300449)
Gas: Xcel (once shop constructed)
Electric: United Power
Phone: ()west
DISTRICTS: School: Fort Lupton-Weld County RE#8
Fire: Brighton
Post: Brighton
I(We),the undersigned,hereby request hearings before the Weld County Planning Com miss ion and the Weld Cou my
Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County,Colorado:
I(We)hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
Signature:Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
AG/Jn Mane_ /V ine,
EXHIBIT
2005-017309-1
Et
APPLICATION FOR CHANGE OF ZONE
For the
County Road 27 Maintenance Facility
WELD COUNTY, COLORADO
APPLICANT:
Arnheim, LLC
1575 Weld County Road 27
Brighton, Colorado 80601
(303) 659-2664
Prepared by:
Banks and Gesso, LLC
720 Kipling Street, Suite 117
Lakewood, Colorado 80215
(303) 274-4277
June 2004
APPLICATION INDEX
Pages
1.0 Introduction 1 - 2
2.0 Application Form 3 -4
3.0 Change of Zone Questionnaire 5 - 11
4.0 Soil Survey 12
5.0 Maps
5.1 Change of Zone Plat 13 - 14
5.2 Vicinity and Land Use Map 15 - 16
5.3 Zoning and Ownership Map 17 - 18
Appendices:
A. Ownership Deed
B. Road Access Information Sheet
C. Mineral Resource Statement
D. Proof of Water Supply
E. Proof of Sanitary Sewage Disposal
F. Mineral Ownership
G. List of Property Owners Within 500 Feet
H. Tax Certificate from County Treasurer
I. Site Construction Progress Photograph
Banks and Gesso, LLC
1.0 Introduction
Arnheim, LLC ("Applicant" or "Arnheim") submits this Change of Zone application for review by
the Weld County Planning Commission and Board of County Commissioners, respectfully
requesting that the zoning of the parcel at 1575 Weld County Road 27 ("Subject Property") be
changed from its current status of Agricultural zoning to Industrial Three (1-3). As demonstrated
in the Change of Zone Questionnaire, a modification to Industrial (1-3) zoning more closely
coincides with Applicant's current and future planned uses for the property, and reflects the
changing conditions within the area. Further, the proposed rezoning is consistent with the Weld
County Comprehensive Plan and compatible with surrounding land uses. This application has
been prepared and submitted under the provisions of the Weld County Zoning Ordinance.
The Subject Property consists of approximately 20 acres, legally described as the following:
Lot B of Recorded Exemption No. 1471-30-1-RE2050, recorded October 21, 1997 in Book 1633
as Reception No. 2575168, being a part of the South %2 of the South 1/2 of the Northeast '/ of
Section 30, Township 1 North, Range 66 West of the 6th P.M., in Weld County, Colorado. The
Weld County tax identification Parcel Number is 1471-30-1-00-023.
The Index Map in Section 3 of this application package depicts the location of the Subject
Property. The site is located immediately west of Weld County Road 27, approximately one-half
mile north and south of Weld County Roads 4 and 6, respectively. United States Highway 85
runs north-south just to the west of the Subject Property. Existing zoning of surrounding
properties is an almost even mix of Industrial and Agricultural uses along the Highway 85 and
County Road 27 corridors between County Roads 4 and 8. Agricultural zoning predominates
north of County Road 8, or as one ventures away from the major north-south thoroughfares.
Access to the Parcel is via Weld County Road 27. As indicated on the Land Use and Vicinity
Map (Section 5.2), a paved driveway bisects the Subject Property, providing access to County
Road 27 for the Brennan commercial property immediately adjacent to the west. A 30 foot non-
exclusive easement to utilize this driveway was granted to Brennan in 1993 by the prior owners
of the Arnheim property.
The Subject Property was transferred into Arnheim's name in September, 2001. At that time,
the Parcel largely sat fallow, save for an old residence and out building on the eastern half. On
Arnheim COZ Application - 1 - May 2004
Banks and Gesso, LLC
June 4, 2003, the Weld County Board of County Commissioners granted Applicant a Use by
Special Review (USR-1204) allowing construction of a maintenance shop and office, and
outdoor storage of construction equipment and materials. Since that time, a temporary trailer
has been utilized as an office, and equipment and materials have been stored on the property in
conjunction with AISA Civil, Applicant's pipeline construction business. AISA Civil has relocated
its operations to the Subject Property, and is currently in the process of erecting a maintenance
shop building in the north-central portion of the premises. Short-term future development plans
include demolition of the existing buildings and construction of a new office facility. Ultimately,
Arnheim is considering mining the sand and gravel resources present in the southern half of the
property, for use in its construction operations. Should this decision be reached, a separate
USR application for sand and gravel mining will be submitted at a future date. A storage facility
oriented toward motor homes and other large vehicles is also being contemplated as a long-
range business venture.
Given the nature of these aforementioned uses, Applicant believes the Subject Property would
be more properly classified in the Industrial Three (1-3) zone. The remainder of this application
package discusses the proposal in detail and addresses all of the requirements for a Change in
Zone Application under the Weld County Zoning Ordinance.
Arnheim COZ Application - 2 - May 2004
Banks and Gesso, LLC
2.0 Application Form
(See attached page)
Arnheim COZ Application - 3 - May 2004
CHANGE OF ZONE/REZONING QUESTIONNAIRE:
1. How is the proposed rezoning is consistent with the policies of the Weld County Code, Chapter 22? If the
proposed rezoning is not consistent with the Comprehensive Plan, explain how the proposed rezoning will
correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the
applicant perceives as the changing conditions in the area.
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses? Include
a description of existing land uses for all properties adjacent to the subject property.
3. Will the property use a septic system or public sewer facilities?
4. Who will provide adequate water, including fire protection, to the property?
5. Does the property have soils with moderate or severe limitations for construction? If yes,the applicant shall
submit information which demonstrates that the limitations can be overcome.
6. Is the road and/or highway facilities providing access to the property(ies)adequate to meet the requirements
of the proposed zone district? If not, the applicant shall sup ply information demonstrating the willingness and
financial capability to upgrade the road and highway facilities.
7. Is there a sand,gravel,or other mineral resource on or under the subject property? If so,the applicant shall
provide a mineral resource statement prepared by a certified geologist or other qualified expert. The
statement shall indicate the estimated quantity of resources and the economic feasibility of recovery, now
and in the future,of the resource(s)so that the Planning Com mission and Board of County Commissioners
can determine whethera commercial mineral deposit is contained on or under the subject property(ies) as
defined by Colorado Revised Statute.
8. Is the change of zone area located in a Flood Hazard Overlay District?
9. Is the cha nge of zone area located in a Geologic Hazard Overlay District?
10. Is the cha nge of zone area located in the AP (Airport) Overlay District?
-5-
CHANGE OF ZONE / REZONING QUESTIONNAIRE
1. How is the proposed rezoning is consistent with the policies of the Weld County Code,
Chapter 22? If the proposed rezoning is not consistent with the Comprehensive Plan,
explain how the proposed rezoning will correct what the applicant perceives as faulty
zoning, or how the proposed rezoning will fit with what the applicant perceives as the
changing conditions in the area.
The proposed rezoning of the Arnheim property from Agricultural to Industrial (1-3) status
is consistent with both the agricultural and industrial goals and policies of the Weld
County Comprehensive Plan.
The overarching goal of the Comprehensive Plan with respect to agriculture is to
conserve prime farmland and foster the economic vitality of the agricultural industry.
The proposed rezoning is consistent with this policy in several respects. First, while the
property is currently zoned as Agricultural, it is not utilized as such, and in fact is put to
industrial use as approved by USR-1402. Thus, no land would be taken out of
production. In addition, although the site's soil is conducive to irrigated farming, the
physical layout and dimensions of the property are wholly unamenable to maintaining a
viable farming operation. The parcel contains only 19.75 acres, well below the minimum
lot size of 80 acres recommended for the Agricultural Zone District in Section 22-2-60(l)
of the Weld County Code. Lots below this threshold are "not generally practical to farm,"
as explained in the same code section. The driveway bisecting the site further
exacerbates the difficulties one would encounter in attempting to produce crops.
Likewise, the proposed Change of Zone furthers Weld County's goals regarding
industrial development. Most importantly, the conversion will assist in diminishing the
inevitable minor incompatibilities occurring between agricultural and industrial uses.
Since the Subject Property is already being employed in an industrial capacity, and
several neighboring parcels are classified as Industrial Three, rezoning Arnheim to the l-
3 category will create a more continuous grouping of industrial properties, thereby
providing a buffer zone to nearby residential and agricultural uses. The proposed
industrial development will also "pay its own way" as mandated by Section 22-2-150(D)
of the Comprehensive Plan. Arnheim already has more than adequate utility provisions
in place, and rezoning will not increase traffic flow or fire and law enforcement burdens.
And the reclassification would allow for greater future expansion of the business, thereby
increasing the value of the property and providing tangential benefits such as increased
employment and tax revenue.
The proposed rezoning will also correspond to changing conditions within the area. The
corridors along United States Highway 85 and Weld County Road 27 have become
increasingly more industrial and commercial in nature. In fact, the Arnheim property is
virtually surrounded by parcels classified as 1-3, and industrial zoning predominates in
the area bounded by Highway 85 and County Roads 27, 4, and 6. And very little of the
land zoned as Agricultural in the vicinity is actually used for crop production, instead
being utilized for residential, oil production, or commercial purposes, such as Greenleaf
Wholesale Florists or the tavern on the Sipres property. Much of the surrounding land
has recently been either split up or rezoned. The former Sasaki parcel, across Weld
County Road 27 to the east, has been divided into numerous smaller portions, the
largest of which now belongs to the City of Brighton. The Board of County
Amheim CCZ Application - 7 - May 2004
Commissioners recently approved the rezoning of land to the northeast owned by the
Hunt Brothers to 1-3 status, a clear indication of the changing conditions of the area.
Finally, changing the zoning of the Arnheim property from Agricultural to Industrial is a
more accurate representation of the actual current use of the property. A Use by Special
Review (USR-1402) was granted in June 2003, allowing construction of office and shop
facilities and storage of construction equipment on the site. These activities are clearly
industrial in nature, and in fact are classified as "Uses by Right" in the 1-3 Zone District
under Section 23-3-330 of the Weld County Code. As Arnheim is not proposing any
substantial modification in its plans for the development of the property, the Change in
Zone Application simply represents a request that the property be properly classified in
accordance with its current use by legal right.
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding
land uses? Include a description of existing land uses for all properties adjacent to the
subject property.
Following is a list of properties immediately adjacent to the subject property, and a brief
description of the manner in which each is utilized. Please see Attachment A (vicinity
map) for orientation.
• Sasaki (north), parcel # 147130100102
This property is immediately north of the Arnheim site, and is zoned as
Agricultural. No buildings are present on the parcel, and the land is used for
agricultural purposes.
• City of Brighton (east), formerly parcel # 147129200113
Brighton purchased this property, zoned as Agricultural, from the Sasaki family in
late February of 2004. For the foreseeable future, the city plans to leave it fallow
for use as off-site open space to fulfill development requirements. The parcel
may eventually be developed into a park.
• Sipres (southeast), parcel # 147129000064
This triangular-shaped plot is zoned as Agricultural and features a bar/tavern with
attached residential quarters for the proprietors.
• Orozco (south), parcel # 147130000011
A small, 2.67 acre property that is located at the southeast corner of the Arnheim
site. While zoned as Agricultural, the primary use appears to be residential.
• Brancucci (south), parcel # 147130000012
This plot is subject to Industrial (1-3) zoning, and is utilized for storage of heavy
construction/industrial machinery and equipment.
• Cottonwood Water Ski Club (southwest), parcel # 147130000090
Contains a small, privately owned lake that is used by the club for skiing. Zoned
as Agricultural.
• Brennan (west), parcel # 147130100022
Amheim COZ Application - 8 - May 2004
Highway 85 Self Storage operates upon this land, which is classified as Industrial
(1-3) zoning and features an office and several storage warehouse units.
As noted above, two of the parcels immediately adjacent to the Arnheim property are
zoned for 1-3 industrial use. The Applicant's proposed use of the property— construction
of an office and shop and storage of construction equipment and materials — is virtually
identical to the current utilization of the Brancucci property to the south. Similarly,
Arnheim's long-term plan of adding a commercial storage business to a portion of the
site is congruous with the operation of the Brennan storage facility to the west. Clearly
the proposed rezoning would not interfere with these operations, and in fact would
create a more logical, contiguous zoning pattern.
The uses allowed within the 1-3 Zone District would not interfere with use and enjoyment
of any of the agriculturally zoned parcels in the vicinity. No noxious fumes or undue dust
generation will occur as a result of Arnheim's operations. Vehicular traffic impact will be
minimal and remain consistent with current levels. Given the limited size of the
structures being erected and equipment stored, adverse visual impact will be minimal,
particularly in light of the screening requirements mandated by USR-1402. And any
mining operations within the Industrial Zone must still be approved via a Use by Special
Review application.
To reiterate a prior point, the uses approved in USR-1402 are equivalent to the uses
allowed within the 1-3 Zone District, and Applicant's foreseeable plans for development
remain unchanged. While Arnheim will continue to uphold the development standards
incorporated into the Use by Special Review, the Change of Zone proposal essentially
serves to formalize the current industrial utilization of the property, a process initiated by
USR-1402.
3. Will the property use a septic system or public sewer facilities?
The property currently uses a septic system and will continue to do so. The Weld
County Department of Public Health and Environmental approved Individual Sewage
Disposal System Permit number SP-0300449 on January 27, 2004. A copy of the permit
and system review is contained in Appendix E of this application.
4. Who will provide adequate water, including fire protection, to the property?
An existing well provides water supply adequate for all current needs, and those
anticipated in the future. The well was originally constructed and put to beneficial use in
1929, and was registered in 2002 in conjunction with a "Change in Use" application with
the Colorado Division of Water Resources (the "DWR"). Permit number 242969, granted
by the DWR on August 8, 2002, allows Arnheim to divert up to 1/3 acre-foot (108,600
gallons) of water on an annual basis. A copy of this permit is provided in Appendix D.
5. Does the property have soils with moderate to severe limitations for construction? If yes,
the applicant shall submit information which demonstrates that the limitations can be
overcome.
Only one soil type is encountered on the property — Altvan loam of zero to one percent
slopes. Per USDA Soil Survey data tables, Altvan loam has a moderate limitations
rating for the development of small commercial buildings, due to the shrink-swell
Amheim COZ Application - 9 - May 2004
potential of the subsoil. This soil type also is severely restricted with respect to shallow
excavations, as cutbacks are likely to cave.
Construction of maintenance facilities on the property has already commenced, and
several steps were taken to alleviate any soil-related concerns. Arnheim initially
engaged a geotechnical engineering firm, Ground Engineering, to perform soil sampling,
including proctor testing. The soil in the construction zone was then compacted via a
vibratory roller to increase strength and decrease permeability, consequently reducing
the shrink-swell potential. The compaction also has the effect of increasing cohesion
and slope stability, reducing the danger of cave-ins during excavation. Finally, spread
footing design was utilized to minimize settlement. Any further construction at the site
will follow similar protocol.
6. Are the road and/or highway facilities providing access to the property adequate to meet
the requirements of the proposed zone district? If not, the applicant shall supply
information demonstrating the willingness and financial capability to upgrade the road
and highway facilities.
Yes, the existing road and highway facilities are adequate to meet the requirements of
the Industrial Three (1-3) Zone District. In terms of capacity, the Arnheim site directly
accesses Weld County Road 27, a major north-south arterial. United States Highway 85
also lies a less than one-half mile to the west, allowing incoming and outbound site traffic
to be diverted away from the county road system. The existing access to County Road
27 satisfies the minimum construction standards of Section 23-3-350(D)(5).
The proposed utilization of the property as a rezoned 1-3 parcel does not materially differ
from the uses approved by Weld County in the 2003 Use by Special Review (USR-
1402), during which no concerns were raised as to the adequacy of the road access to
the site. Given Applicant's consistent use of the property, there will be no measurable
increase in traffic volume generated by the Subject Site. Arnheim has complied with the
development standards of USR-1402 concerning County Road 27, by reserving a 60
foot right-of-way for future expansion and maintaining ditch vegetation to provide safe
sight distances upon ingress and egress. This maintenance will continue as an ongoing
obligation.
7. Is there a sand, gravel, or other mineral resource on or under the subject property? If so,
the applicant shall provide a mineral resource statement prepared by a certified
geologist or other qualified expert. The statement shall indicate the estimated quantity of
resources and the economic feasibility of recovery, now and in the future, of the
resource(s) so that the Planning Commission and Board of County Commissioners can
determine whether a commercial mineral deposit is contained on or under the subject
property as defined by Colorado Revised Statute.
Yes, a sand and gravel deposit underlies the property, containing an estimated 800,000
to 1,000,000 tons of reserves. A mineral resource statement has been prepared in
accordance with Section 23-2-50 of the Weld County Land Use Code, and may be found
in Appendix C of the application materials.
8. Is the change of zone area located in a Flood Hazard Overlay District?
No, the site does not lie within any Overlay Districts.
Amheim COZ Application - 10 - May 2004
9. Is the change of zone area located in a Geologic Hazard Overlay District?
No, the site does not lie within any Overlay Districts.
10. Is the change of zone area located in the AP(Airport) Overlay District?
No, the site does not lie within any Overlay Districts.
Arnheim COZ Application - 11 - May 2004
Report Date: 05/26/2004 03:56PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R7468098
ASSESSED TO:
ARNHEIM LLC
10189 ARAPAHOE
LAFAYETTE, CO 80026
LEGAL DESCRIPTION:
PT S2S2NE4 30-1-66 LOT B REC EXEMPT RE-2050 SITUS: 1571 27 CR WELD
PARCEL: 147130100023 SITUS ADD: 1571 27 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2003 TAX 1,308.52 13.09 0.00 1,321.61 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 05/26/2004 0.00
ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2502 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 21.474 381.81 RESIDENTIAL 223,340 17,780
SCHOOL DIST RE8 28.535 507.34
CCW WATER 0.871 15.49 TOTAL 223,340 17,780
GCS WATER 3.850 68.45
BRIGHTON FIRE 9.295 165.26
AIMS JUNIOR COL 6.322 112.40
WELD LIBRARY 3.249 57.77
TAXES FOR 2003 73.596 1,308.52
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
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