HomeMy WebLinkAbout20242388.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ24-0005, FROM THE A (AGRICULTURAL)
ZONE DISTRICT TO THE I-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT
- CATARACT CAPITAL, LLC, AND TALONS CAPITAL 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 18th day of September, 2024, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Cataract Capital, LLC,
and Talons Capital 2, LLC, P.O. Box 19039, Golden, Colorado 80402, requesting a Change of
Zone, COZ24-0005, from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone
District for a parcel of land located on the following described real estate, to -wit:
Two parcels: Lot B of Corrected Recorded
Exemption, RE -3360; being part of the NW1/4 of
Section 29; and a parcel lying to the west of the
Union Pacific Railroad, being part of the NW1/4 of
Section 29, both in Township 1 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant for a continuance and, having been fully
informed, deemed it advisable to continue the matter to October 9, 2024, at 10:00 a.m., to allow
the applicant additional time to work with the State of Colorado, Division of Water Resources to
gain clarification on its referral response, related to water requirements, and
WHEREAS, on October 9, 2024, the applicant was present and represented by
Bob Choate, Coan, Payton and Payne, LLC, 1711 61st Avenue, Suite #100, Greeley, Colorado
80634, 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 of the
Weld County Code.
4997278 Pages: 1 of 7 CC:PL(AE/P W/ER/CG/MW/KR),
11/27/2024 12:21 PM R Fee:$0.00 CA (OA ASR(S6),APPL.,
Carly Koppes, Clerk and Recorder, Weld County , CO Apps REP. 2024-2388
���� '1li'A«MiIVL4 Pi 11111 i2/i2/24 PL1739
CHANGE OF ZONE (COZ24-0005) - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2,
LLC
PAGE 2
1) Section 22-2-30.6.1 states: "Locate urban development in urban
areas. Encourage annexation of urban scale development. Zone
changes and subdivisions within one -quarter 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."This property is located adjacent to,
and surrounded by, the City of Brighton municipal limits.
Additionally, Brighton has annexed the adjacent Main Street
(County Road [CR] 27) access and multiple properties on the south
and north side of the subject parcels, as well as the east side of the
Union Pacific Railroad; however, Chapter 22 does not require
annexation.
B. Section 23-2-40.6.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. Surrounding lands are being utilized for either
permanent or temporary commercial and industrial uses adjacent to, or in
the near vicinity of, this proposed Change of Zone. Notice was sent to
nine (9) surrounding property owners (SPOs) and no responses were
received regarding the proposal.
Future industrial uses will have to be approved through a Site Plan Review,
Use by Special Review, or a Zoning Permit process, applications that are
sent to referral agencies for comments. Use by Special Reviews and
Zoning Permits are also sent to the SPOs. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any
future Site Plan Reviews, Use by Special Review, or Zoning Permits will
adequately address and mitigate potential impacts. Due to the proximity of
other industrial operations in the vicinity, a Change of Zone to 1-2 (Medium
Industrial) is compatible with the surrounding land uses. Properties within
Weld County to the west (across CR 27) are zoned 1-3 (Heavy Industrial).
The City of Brighton properties to the east are zoned 1-2, (Heavy Industrial).
C. Section 23-2-40.6.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The site is currently served via permitted Division of Water
Resources Well Permits #290696 and #300257. The application states the
wells are permitted for drinking and sanitary uses for a commercial
business. The property has three (3) existing on -site septic systems;
SP -0500255, SP -1300133 and SP -13-00134. Current well permits are
acceptable and adequate for planned and existing uses. Future use can be
addressed at the Site Plan Review stage. There are multiple options that
can be made available to serve these uses, as is. The proposed Change
of Zone application for these properties is supportable as it has been
demonstrated that adequate water can be made available for the future
industrial uses.
4997278 Pages: 2 of 7
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 �� � M �L����� EG�'f +1,1 I o 1111
2024-2388
PL1739
CHANGE OF ZONE (COZ24-0005) - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2,
LLC
PAGE 3
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. Both the north and south properties have two (2) existing
accesses onto CR 27. This section of CR 27 was annexed to the City of
Brighton in 2009.
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 demonstrated in a previous public hearing or in the hearing
concerning the rezoning application. The site is not located within
the following overlay districts officially adopted by the County
including A -P (Airport) Overlay District, Geologic Hazard Overlay
District, Historic Townsites Overlay District, 1-25 Overlay District,
Multiple Separate Storm Sewer System (MS4), or Special Flood
Hazard Area, 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 properties are already
developed and contain existing buildings and improvements. The
size of the largest parcel in the request is approximately 7.0 acres.
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 Colorado Geological Survey
stated no conflicts with their interests in the referral response dated
July 10, 2024. There are existing buildings and improvements on
the property. The combined area of the parcels is 13 acres;
however, the parcels are separated by a parcel in between. The
area of the largest parcel is approximately 7.0 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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 on the above referenced parcel of land be, and hereby is, granted subject
to the following conditions:
4997278 Pages: 3 of 7
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
L kl ad 1I 111
2024-2388
PL1739
CHANGE OF ZONE (COZ24-0005) - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2,
LLC
PAGE 4
1. Prior to recording the plat:
A. The applicant shall acknowledge 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.
B. The applicant shall acknowledge the comments of the City of Brighton, as stated
in the referral response received June 24, 2024. Written evidence of such shall be
provided to the Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ24-0005.
2) The plat shall adhere to Section 23-2-50.D of the Weld County Code.
3) All recorded easements and rights -of -way shall be shown and dimensioned
on the Change of Zone plat.
4) This portion of County Road 27 is under the jurisdiction of the City of
Brighton. Please contact the city to verify the right-of-way. The applicant
shall show and label the existing and future rights -of -way and the physical
location of the road.
5) The applicant shall show the existing accesses for each parcel and label
each access with the approved City of Brighton Access Permit number, if
applicable. Include in each label that the access is an "INDUSTRIAL
ACCESS".
D. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0005, allows for 1-2 (Medium Industrial) uses,
which shall comply with the 1-2 (Medium Industrial) Zone District
requirements, as set forth in Chapter 23, Article III Division 4 of the Weld
County Code, as amended.
2) Any future structures or uses onsite must obtain the appropriate Zoning
and Building Permits.
3) The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
4) 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
4997278 Pages: 4 of 7
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
2024-2388
PL1739
IIII lY FJPillhalEINL IlatSNIIrihinIhilk 11111
CHANGE OF ZONE (COZ24-0005) - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2,
LLC
PAGE 5
County: 2018 International Codes, 2018 International Energy Conservation
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, or an Open Hole Inspection shall be required. A Building Permit
must be issued prior to the start of construction.
5) 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.
6) 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.
7) 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 generally attributed to runoff rate
and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff.
8) Water service may be obtained from an appropriately permitted well.
9) The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by an On -site Wastewater Treatment System
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.
10) 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.
11) Necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be
granted access onto the property at any reasonable time in order to ensure
the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable
Weld County regulations.
12) Upon completion of Conditions of Approval #1 above, the applicant shall
submit one (1) electronic copy (.pdf) of the plat for preliminary approval to
4997278 Pages: 5 of 7
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 MAE Lii prigwWd 1I 111
2024-2388
PL1739
CHANGE OF ZONE (COZ24-0005) - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2,
LLC
PAGE 6
the Weld County 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. Upon approval of the plat, the applicant shall submit to
the Department of Planning Services 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 the
Department of Planning Services. 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.
2. 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.
3. In accordance with Appendix 5-J of the Weld County Code, should the 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.
4. 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.
4997278 Pages: 6 of 7
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
2024-2388
PL1739
IIIIIIIKAIRMAIK IVA N w iliNLI Ml: ilk III H
CHANGE OF ZONE (COZ24-0005) - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2,
LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattisj
r/
Weld County Clerk to the Board
B4Oraccm4 tau& zie,
Deputy Clerk to the Board
APP' e ED AS
County Attorney
Date of signature: f'I1a'Z�
Perry L. Bu Pro-Tem
roc
ike ; reeman
tt K. James �.-----�
on Sine
4997278 Pages: 7 of 7
11/27/2024 12:21 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld6111:1kiiil
NU��EIANCiir+ li �K�G�4, Yoh 1I III
2024-2388
PL1739
Hello