HomeMy WebLinkAbout20242390.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Chris Gathman
Case Number: COZ24-0005
Applicant: Cataract Capital LLC & Talons Capital LLC
PO Box 19039, Golden, Colorado 80402
Representative: Bob Choate
Coan, Payton & Payne, LLC
1711 61St Avenue, Suite 100, Greeley, CO 80634
Hearing date: September 3, 2024
Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone
District
Legal
Descriptions:
Lot B of Corrected Recorded Exemption RE -3360
and
A parcel lying to the west of the Union Pacific Railroad tracks both being a part of the
NW1/4 of Section 29, Township 1 North, Range 66 West of the 6th P.M., VVeld County,
Colorado.
Location: East of and adjacent to County Road 27 (North Main Street) and approximately 750 feet
south of County Road 6 (East Crown Prince Boulevard)
Total Acres: +/- 13.11 acres Parcel #s: 1471-29-2-00-115
1471-29-2-00-116
The criteria for review of this Change of Zone are listed in Section 23-2-30 of the VVeld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
➢ State of Colorado, Division of Water Resources, referral dated July 22, 2024
➢ City of Brighton, referral dated June 24, 2024
➢ Weld County Department of Public Health and Environment, referral dated July 8, 2024
➢ Weld County Department of Planning Services - Development Review, referral dated July 8, 2024
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
➢ Weld County Department of Planning Services - Code Compliance, referral dated June 21, 2024
➢ Weld County Sheriffs Office, referral dated June 25, 2024
➢ Weld County Department of Code Compliance, referral dated June 21, 2024
The Department of Planning Services' staff has not received referral responses from the following agencies:
➢ Colorado Department of Transportation (CDOT) ➢ VVeld County School District RE -8
➢ Adams County ➢ Greater Brighton Fire District
COZ24-0005 Catatact Capital & Talons Capital
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➢ Fulton Irrigation Ditch Company
Narrative
The property owner has requested a Change of Zone on a property zoned A (Agricultural) to 1-2 (Medium
Industrial). The application indicates that the current uses on the site are proposed to be expanded (with an
outdoor storage requirement) beyond exclusively oil and gas tenants. As the property is not currently being used
industrially, any new business will require a Site Plan Review, a Special Use Permit, or a Zoning Permit prior to
any operation or facility construction.
An existing Amended USR (AMUSR-1458) is located on both of the properties for Uses in the Commercial and
Industrial Zone Districts (explosives storage). An existing 1,800 square foot structural steel building, a 12,000
square foot storage warehouse and a 2,040 square foot storage garage are located on the northern parcel
(147129200115). A 1,440 modular office and 14,000 square foot service garage are located on the southern
parcel (147129200116).
Three existing septic permits and two well permits are located on the property.
The property is within a VVeld County Opportunity Zone per the Comprehensive Plan map. The map is intended
to encourage rezoning in appropriate areas. Such a designation does not guarantee a zone change application
will be approved.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED
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.
All necessary application materials were found to be complete on November 16. 2022.
2. It is the opinion of the Department of Planning Services that the submitted materials are not in
compliance with Section 23-2-30 of the Weld County Code:
A. Section 23-2-30.A.1. - That the proposal is not consistent with Chapter 22 of the Weld County Code.
Section 22-2-30.8.1 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 (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.
Urban scale development is only permitted within three (3) miles of a municipal boundary or within a
Coordinated Planning Area (CPA). Urban scale developments require a public water source, internal
paved roads, common open space and storm drainage. Urban scale commercial and industrial
developments require public or private sewer systems (Onsite Wastewater Treatment Systems).
The referral from the City of Brighton dated June 24, 2024, indicate that urban services are available and
adjacent to this site. Water and sewer service is available along Main Street in front of each property. The
City of Brighton met with the applicant but indicated that they would only be supportive of I-1 (Light
Industrial) zoning in this location. The City of Brighton indicated I-1 (Light Industrial) zoning would limit
outdoor storage to 100% of the building area. The City of Brighton does not support rezoning within VVeld
County as this site has the contiguity to annex and can be served by public sewer and water.
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The proposed Change of Zone application for these properties does not support the land use goals and
objectives of the adopted VVeld County 2020 Comprehensive Plan as this property has the opportunity
and ability to pursue annexation into the City of Brighton
B. Section 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.
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 properties 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. Site Plan Reviews, Use by Special Reviews, and Zoning Permit applications are
sent to referral agencies for comments. Use by Special Reviews and Zoning Permits are also sent to the
Surrounding Property Owners. 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 VVeld County to the west (across County Road 27 are zoned 1-3 (Heavy Industrial). The
City of Brighton properties to the east are zoned 1-2, Heavy Industrial.
C. Section 23-2-30.A.3. - Adequate water and sewer service cannot be made available to the site to
serve the uses permitted within the proposed zone district.
The site is currently served via a permitted Division of Water Resources, Well Permit numbers 290696
and 300257. The application states that the wells are permitted for drinking and sanitary uses for a
commercial business. The wells cannot be used for outside irrigation, and each is limited to 0.33 -acre
feet. The Division of Water Resources states in their referral that these wells could not be used for
industrial use until a revised permit, or permits are first obtained. These wells are not non -tributary wells.
Because this is a Change of Zone for industrial, industrial well permits would need to be obtained prior to
the recording of this Change of Zone plat instead of at the Site Plan Review, Use by Special Review, or
Zoning Permit stage.
Industrial Use wells are not considered exempt wells and require augmentation. Therefore, the County
does not have evidence that adequate water can be obtained to serve the uses in the proposed zone
district.
The property has three existing (3) onsite septic systems. SP -0500255, SP -1300133 and SP -13-00134.
The proposed Change of Zone application for these properties is not supportable as it has not been
demonstrated that adequate water can be made available for the future industrial uses.
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.
Both the north and the south properties have two (2) existing accesses onto County Road 27. This
section of County Road 27 was annexed to the City of Brighton in 2009.
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:
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 demonstrated compliance with the
County regulations concerning Overlay Districts. Compliance may be demonstrated in a previous public
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heating 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.
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 properties are already developed and contain existing buildings and improvements. The size of the
largest parcel in the request is approximately 7.00 acres.
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 Colorado Geological Survey stated no conflicts with their interests in their referral response dated
July 10, 2024. There are existing buildings and improvements on the property. The combined area of the
parcels is thirteen (13) acres. However, the parcels are separated by a parcel in between. The area of the
largest parcel is approximately 7.00 acres.
This recommendation for denial 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.
Should the Board of County Commissioners approve this Change of Zone from the A (Agricultural) Zone District
to the 1-2 (Medium Industrial) Zone District be granted, the approval shall be conditional on the following:
1. Priorto recording the plat:
A. The applicant shall acknowledge the referral comments of the Division of Water Resources as stated in
their referral response received July 22, 2024. Written evidence of such shall be provided to the
Department of Planning Services. (Division of Water Resources)
B. The applicant shall acknowledge the referral comments of the City of Brighton as stated in their referral
response received June 24, 2024. Written evidence of such shall be provided to the Department of
Planning Services. (City of Brighton)
C. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ24-0005. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.D of the Weld County Code. (Department of Planning
Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services)
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. Show and label the existing and future rights -of -way and the physical
location of the road. (Development Review)
5. Show the existing accesses for each parcel and label each access with the approved City of Brighton
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access permit number, if applicable. Include in each label that the access is an "INDUSTRIAL
ACCESS". (Development Review)
6. The following notes shall be delineated on the Change of Zone plat:
1) The 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 VVeld County Code, as amended. (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) 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)
4) Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. 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 plan review shall be approved, and a
permit must be issued prior to the start of construction. (Department of Building Inspection)
5) 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)
6) 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)
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 of
the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or
unplanned ponding of stormwater runoff. (Development Review).
8) Water service may be obtained from an appropriately permitted well. (Department of Public Health
and Environment)
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
VVeld County Code in effect at the time of construction, repair, replacement, or modification of the
system. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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 VVeld County regulations.
(Department of Planning Services)
12) Upon completion of Conditions of Approval 1 above, the applicant shall submit one (1) electronic
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copy (.pdf) of the plat for preliminary approval to the VVeld 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 VVeld County Clerk and Recorder
by Department of Planning Services Staff. 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.
2. 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.
3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional 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.
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Page 6
August 8, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
BOB CHOATE
1711 61ST AVE STE 100
GREELEY, CO 80634
Subject COZ24-0005 - Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District.
On parcel(s) of land described as:
LOT B CORR REC EXEMPT RE -3360; PART NW4 SECTION 29, T1 N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 3, 2024 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
18, 2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Chris Gathman
Planner
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