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Home My WebLink About20242393.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Mike McRoberts, P.E., Development Review DATE: July 8, 2024 SUBJECT: COZ24-0005 Cataract Capital LLC The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. This project is south of County Road 6 and is east of and adjacent to County Road 27. Parcel numbers: 147129200115 & 147129200116. Access is from County Road 27. ACCESS Development Review has reviewed the application materials related to access and determined that each parcel listed above has two (2) accesses onto County Road 27. This portion of County Road 27 is under the jurisdiction of the City of Brighton. The access locations for each parcel are described below. • The two County Road 27 accesses for parcel 147129200115 are located approximately 955 feet and 1,240 feet south of County Road 6. • The two County Road 27 accesses for parcel 147129200116 are located approximately 1,875 feet and 2,355 feet south of County Road 6. ROADS AND RIGHTS -OF -WAY This portion of County Road 27 is within the City of Brighton's extended city limits. As a result, the City of Bright has jurisdiction over access to the road. The applicant shall delineate on the plat the future and existing rights -of -way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. Please contact the City of Brighton to verify if an access permit is required or if any other items are needed with this change of zone. CONDITIONS OF APPROVAL The plat shall be amended to delineate the following: 1. 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) 2. 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". (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. 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) 2. 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) COUNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: July 8, 2024 Re: COZ24-0005 Applicant: Cataract Capital, LLC & Talons Capital 2, LLC Environmental Health Services has reviewed this proposal for a Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. The properties are served by commercial wells (300257 and 290696) and commercial on -site wastewater treatment systems (SP -0500255, SP -1300133 and SP -1300134). We recommend the following appear as notes on the plat: 1. Water service may be obtained from an appropriately permitted well. 2. 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. 3. 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. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele:970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele:970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele:970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele:970-304-6470 Fax: 970-304-6452 Public Health Weld County Referral Y June 21, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Cataract Captial, LLC & Talons Capital 2, LLC Case Number: COZ24-0005 Please Reply By: July 7, 2024 Planner: Chris Gathman Project: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. Parcel Number: 147129200115-R2582403 Legal: LOT B CORR REC EXEMPT RE -3360; PART NW4 SECTION 29, Ti N, R66W of the 6th P.M., Weld County, Colorado. Parcel Number: 147129200116-R2954404 Legal: PART NW4 SECTION 29, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 27/N Main Street; approximately 750 -feet south of County Road 6/East Crown Prince Boulevard. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. r P We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Shannon McDowell Date 6/24/24 Agency City of Brighton Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Community Development Brighton' Mr. Chris Gathman Weld County Department of Planning Services Via email to cgathman@weld.gov 500 South 4th Avenue Brighton, Colorado 80601 303-655-2059 (Phone and Facsimile) www.brightonco.gov June 24, 2024 RE: City of Brighton Response to Request for Comments on Change of Zone (COZ24-0005) Mr. Gathman, Thank you for the opportunity to review the referenced case referral. This property is within the City of Brighton's Growth Management Area/Boundary and has been identified by Brighton's Comprehensive Plan, Be Brighton, as appropriate for Industrial uses. While this area is designated Industrial on the Future Land Use Map, we are opposed to the proposed rezoning from Agricultural (A) to Medium Industrial (I-2) within Weld County. Be Brighton applies to properties within Brighton's growth area and includes future land uses to guide development. The subject properties are located adjacent to other land already annexed into Brighton and the City has water and sewer service available in Main Street at the front of each property. This land is anticipated to annex into Brighton. When annexation occurs, the City looks to Be Brighton for specific policies that may apply. In this area, Be Brighton includes specific goals for future development with an objective to create primary jobs. In addition, Be Brighton includes a vision of this area, which serves as a northern gateway to the city, to ensure a high -quality appearance and require all new or redevelopment to comply with those standards. As described by the applicant, City staff did meet with this applicant on annexation and development within the City. At that meeting, staff indicated we would support annexation, but we would only support a zoning of I-1, which does limit outdoor storage to 100% of the building area. The I-1 zoning best corresponds with the vision for this area in Be Brighton as one that generates primary jobs and has a high -quality appearance. Brighton does not support the proposed rezoning within Weld County as this property is clearly within Brighton's annexation area, has the required contiguity to annex, and can be easily served with public water and sewer. According to the Weld County Comprehensive Plan, rezonings in areas such as this are strongly discouraged as this land is within one -quarter of a mile of a city boundary and should be encouraged to annex. Again, thank you for the opportunity to comment on the case referral. Please do not hesitate to contact me should you require additional or more detailed information concerning this response. You may reach me via phone at 303-655-2015, or via email at smcdowell@brightonco.gov. I kindly request that I directly receive notice on any public hearings that may be scheduled for the subject applications. Best regards, Shannon McDowell Assistant Director of Community Development Cc: File Administration • Building Division • Engineering Division • Planning Division Our Mission...Integrity + Vision + Stewardship — A Progressive Community Aso July 22, 2024 COLORADO Division of Water Resources Department of Natural Resources Chris Gathman, Planner Weld County Department of Planning Services Transmission via email: cgathman@weld.gov Re: Case Number: COZ24-0005, Applicant: Cataract Capital, LLC & Talons Capital 2, LLC Part of the NW I/4 of Sec. 29, Twp. 1 North, Rng. 66 West, 6th P.M., Weld County Water Division 1, Water District 2 Dear Chris Gathman: We have received the June 21, 2024 referral regarding the above -referenced change of zone application from Agricultural (A) to Medium Industrial (I-2) use for two parcels (parcel nos. 147129200115 and 147129200116) of approximately 13 acres total located in the NW I/4 of Sec. 29, Twp. 1 North, Rng. 66 West, 6th P.M. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. Proposed water uses and water demands were not provided. The proposed water source is from well permit nos. 290696 and 300257 issued for the subject properties. The use of ground water from each of these wells is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), for a commercial business. Water from these wells shall not be used for lawn/landscape/greenhouse irrigation, domestic animal/livestock watering, or for any other purpose outside the business building structure(s). In addition, each well is limited to an annual amount to be withdrawn of 0.33 acre-feet from the not nontributary Lower Arapahoe aquifer. As permitted, these wells would not be allowed to be used for industrial uses unless a permit allowing such use is first obtained. Please contact me at 303-866-3581 x8246 or at ioana.comaniciu@state.co.us with questions. Sincerely, loana Comaniciu, P.E. Water Resources Engineer Ec: Referral no. 32418 Files for well permit no. 290696 and 300257 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director From: Comaniciu - DNR, Ioana To: Chris Gathman Subject: Re: Another Water/well Question re COZ24-0005 Date: Monday, August 26, 2024 10:24:42 AM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, In order for well nos. 290696 and 300257 to be re -permitted for industrial use approval of an augmentation plan from the water court is required since both of these wells were completed into the not nontributary Lower Arapahoe aquifer. If the applicant obtains water from the City of Brighton for the industrial use we do not have any comments on the ability of the City to provide water for the industrial use. In this case the wells can continue to operate as commercial use under their existing permits, unless once annexxed the City require them to give up the wells. Please let me know if you have any other questions. Sincerely, Ioana Comaniciu, P.E. Water Resources Engineer O P 303-866-3581 x 8246 1313 Sherman St., Suite 818, Denver, CO 80203 ioana.comaniciu@state.co.us I www.colorado.gov/water On Fri, Aug 23, 2024 at 9:11 AM Chris Gathman <cgathman@weld.gov> wrote: Dear Ioana, If the applicant needs to re -permit the wells for Industrial Use. Brighton has existing water adjacent to the site and wishes to annex. • How is re -permitting of wells (or new permits) handled in these areas? Does Brighton get to weigh in before they can proceed with a well permit? Thanks, Chris Gathman Planner III Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 Hello