HomeMy WebLinkAbout20242506.tiffHEARING CERTIFICATION
DOCKET NO. 2024-57.A
RE: CHANGE OF ZONE, COZ24-0005, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - CATARACT CAPITAL, LLC,
AND TALONS CAPITAL 2, LLC
A public hearing was conducted on September 18, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair — EXCUSED
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 13, 2024, and duly published
August 16, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request
of Cataract Capital, LLC, and Talons Capital 2, LLC, for a Change of Zone, COZ24-0005, from
the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. Karin McDougal,
Deputy County Attorney, made this a matter of record.
Ms. McDougal reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four (4) Commissioners being present and Commissioner Ross
being excused.
EJ Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, and relayed the Planning Commission recommended
approval; however, staff recommended denial. He stated staff recommended denial due to the
City of Brighton's referral response, which indicated the site has the contiguity to annex into
Brighton, urban services are available and adjacent to the site, and they were only supportive of
I-1 (Light Industrial) Zoning, which would limit outdoor storage to 100% of the building area. He
relayed, per the Weld County Code, Changes of Zone (COZ) are discouraged within
one -quarter (1/4) mile of municipal limits, which the subject site is. He stated the other reason for
staff's recommendation is based the referral response from the State of Colorado, Division of
Water Resources (DWR), which indicated the site is currently served by two (2) commercially
exempt well permits. He outlined the permitted uses of the wells and relayed DWR's referral also
indicated the wells are not non -tributary wells, and because the COZ request is for industrial
zoning, the wells would have to be permitted for industrial uses at the COZ stage, opposed to at
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to/it/24
2024-2506
PL1739
HEARING CERTIFICATION - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2, LLC
(COZ24-0005)
PAGE 2
the Site Plan Review (SPR) stage. He went on to explain, industrial wells are not considered
exempt wells and require augmentation, therefore, staff did not feel the wells were an adequate
source of water to meet the criteria of Section 23-2-40.6.3. He indicated, if approved, staff would
like to change the language in Condition of Approval (COA) #1.A from "acknowledge" to
"address," so it would read, "The applicant shall address the comments of the Division of Water
Resources, as stated in the referral response received July 22, 2024. Written evidence of such
shall be provided to the Department of Planning Services." Mr. Gathman displayed a map of
surrounding uses and explained there are multiple uses, and a patchwork of jurisdictions, in the
area.
le Lauren Light, Department of Public Health and Environment (EH), stated EH requested a plat
note that requires appropriately permitted wells, and mentioned there are three (3) commercial
septic systems on the site, which are currently adequate.
In response to Commissioner Freeman, Mr. Gathman confirmed there were discussions
between the applicant and the City of Brighton regarding annexation; however, the City of
Brighton only supports I-1 (Light Industrial) Zoning and the applicant is requesting
1-2 (Commercial Industrial) Zoning. Responding to Commissioner Saine, Mr. Gathman confirmed
Weld County does not have a Coordinated Planning Agreement (CPA) with the City of Brighton.
Ei Bob Choate, Coan, Payton, Payne, LLC, represented the applicant, and addressed
Commissioner James' question about annexation, stating the applicant has the legal ability to
annex, due to contiguity, but forced annexation, by the City of Brighton, would require the subject
site to be a fully surrounded enclave. He presented a PowerPoint presentation (Exhibit E) with
background information on the site, including non-compliance with stormwater detention
requirements and access onto Business Highway 85, when owned by the previous owner. He
relayed there is a Use by Special Review (USR) Permit for Oil and Gas Support and Service on
the site and all surrounding property owners (SPOs) have industrial uses. He stated there had
been no opposition expressed, and it is a fully developed site with existing buildings, outdoor
storage, permitted water wells, and commercial septic systems. He explained, under the guidance
and approval of staff at Weld County and the City of Brighton, the applicant has put a lot of time,
effort, and money into bringing the property into compliance. He stated the site is in a Weld County
Opportunity Zone and noted that although the Weld County Comprehensive Plan discourages
rezoning within one -quarter (1/4) mile of a municipality, which this property is, this is a general
discouragement, not a prohibition. He displayed the Weld County Zoning Map, which showed the
properties in the County surrounding the site are zoned 1-3 (Heavy Industrial), and reiterated the
applicant is requesting 1-2 (Medium Industrial) for outdoor storage. He displayed a City of Brighton
Zone District map and clarified, 1-2 (Medium Industrial) in Weld County is not the same as 1-2 in
the City of Brighton, as 1-2 is the heaviest industrial use in the City of Brighton, similar to 1-3 (Heavy
Industrial) in the County. He displayed a map of SPO support and noted the applicant discussed
the application with the SPOs, who were all generally supportive.
Ei Mr. Choate discussed the DWR referral and asserted the DWR presumed there would
eventually be a heavy water user on this site, when in reality, only about five percent (5%) of
industrial water users would use enough water to require an Augmentation Plan. He referenced
the Water Technical Analysis (Exhibit D) they had done, and in response to Commissioner Saine,
2024-2506
PL1739
HEARING CERTIFICATION - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2, LLC
(COZ24-0005)
PAGE 3
indicated the current industrial tenants only use water for their toilets and sinks and explained if
new end users require more water, they can go through an Augmentation Plan at that time.
Responding to Commissioner Freeman, Mr. Gathman confirmed normally water would be
addressed in the SPR stage, but staff's concern is that changing the zoning to 1-2 (Medium
Industrial) would open the site to a whole new group of industrial uses and relayed the DWR
referral indicated any industrial use will require a permit allowing industrial uses. Commissioner
James cited Section 23-2-40.B.3, which reads, "Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone district," and asserted
the way the applicant meets that criteria is to get the wells approved by the DWR. Mr. Choate
mentioned four (4) COZ cases, previously approved by the Board, where water was addressed
at the SPR stage, not the COZ stage and Commissioner Saine concurred. Commissioner James
suggested a continuance to allow the applicant additional time to work with the DWR to gain
clarification on its referral response, related to water requirements. Commissioner Freeman
expressed it was disingenuous of the City of Brighton to oppose the rezone given the industrial
uses surrounding the property, in the City of Brighton and Weld County.
Kaleb Zanett, AquaSan Network, reviewed the water assets associated with site and stated
the requirement for water to the site can be met, whether it be with the existing wells, as currently
permitted, or an Augmentation Plan. He relayed the current commercial exempt wells have been
operating within their permitted rights of use, asserted a COZ does not impact the well use,
outlined options for different Augmentation Plans, and displayed (Exhibit D) supporting water
data. Commissioner James reiterated the Code criteria is met only when the DWR permits the
wells and responding to Chair Pro-Tem Buck, Ms. McDougal stated, in her opinion, as it stands,
the availability of water does not comply with Code. Commissioners James and Saine discussed
uses versus zoning, as it relates to the Code requirement.
Mr. Choate stated the referral response from the DWR was not typical and asked the Board
to be consistent with past approval decisions, similar in nature. He cited four (4) past cases,
COZ21-0009, COZ22-0004, COZ21-0001, and COZ22-0008, and summarized the DWR referral
responses for each, which included requirements that had not been met/completed at the time of
Board approval. He relayed those requirements included the re -permitting of a well, constructing
a well, and implementation of an Augmentation Plan. Mr. Choate asserted it is the County's
standard of business, in the circumstance where water can be made available to a property, to
approve the COZ and require the applicant to demonstrate it has adequate water resources at
the time of SPR. Ms. McDougal explained to the Board that previous cases do not set precedent.
Mr. Choate referenced the City of Brighton's Comprehensive Plan, explained why it is not feasible
for the applicant to annex the site, and in response to Commissioner James, concurred that in
accordance with Section 22-2-30.B.1, the County has encouraged the applicant to annex into the
City of Brighton, and discouraged the COZ, as the site is within one -quarter (1/4) mile of municipal
limits, therefore, the criteria had been met.
Chair Pro-Tem Buck called for a five (5) minute recess to allow Mr. Choate to confer with the
applicant about a continuance.
to The hearing reconvened and Mr. Choate requested a continuance allow time to gain
clarification from the DWR on its referral response, related to water requirements. He cautioned,
2024-2506
PL1739
HEARING CERTIFICATION - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2, LLC
(COZ24-0005)
PAGE 4
based on their typical responses, the DWR will not submit an updated response that covers 100%
of the potential, proposed uses, and will not explicitly say the wells can be used, as proposed.
Commissioner Freeman expressed support for the application, as presented, and there was
discussion about the length of the continuance.
Steve Teets, Greeley resident, stated he supported the request for a continuance.
El Commissioner Saine stated she believed the continuance was anti -business and anti -code,
as the area is a consistent Opportunity Zone, but supported the continuance since it was
requested by the applicant.
El Commissioner James moved to continue the matter to October 9, 2024, at 10:00 a.m., to
allow the applicant additional time to work with the DWR to gain clarification on its referral
response, related to water requirements. The motion was seconded by Commissioner Freeman,
who added his support for a continuance was only because the applicant requested the
continuance, and it carried unanimously. There being no further discussion, the hearing was
completed at 11:33 a.m.
This Certification was approved on the 2nd day of October, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY -COLORADO
ATTEST: ..:tA
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
K
erry L. By¢k, Pro-Tem
Mike reeman
K. James
EXCUSED DATE OF APPROVAL
Lori Saine
2024-2506
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