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HomeMy WebLinkAbout20250161.tiffPlanner: Case Number: Owner: Agent: Request: Legal Descriptions: Location: Total Parcel Size: Parcel #s: LAND USE APPLICATION SUMMARY SHEET Diana Aungst Hearing Date: January 7, 2025 COZ24-0006 ACM ALF VIII JV SUB I LLC c/o Andrew R. Klein 4100 E. Mississippi Ave. Suite 500, Denver, CO, 80246 Westside Property Investment Company Inc c/o Matt Hengel 4100 E. Mississippi Ave. Suite 500, Denver, CO, 80246 Change of Zone from the A (Agricultural) Zone District to the I-1 (Light Industrial) Zone District The SW4 of Section 26, T1 N, R67W of the 6th P.M., Weld County, CO Lots A, B, C, and D of RE -4487; being part of the W2 of Section 35, Ti N, R67W of the 6th P.M., Weld County, CO Lot B of RE -4462; being part of the W2W2 of Section 35, Ti N, R67W of the 6th P.M., Weld County, CO Lot B of RE -433; being part of the W2 of Section 35, Ti N, R67W of the 6th P.M., Weld County, CO Approximately 0.5 miles north of County Road 4 extending south to County Road 2 and east of and adjacent to County Road 21 +/- 410 acres 1469-26-0-00-008 1469-26-0-00-009 1469-35-0-00-024 1469-35-2-00-007 1469-35-2-00-008 1469-35-2-00-009 1469-35-2-00-010 1469-35-2-00-011 1469-35-2-00-012 1469-35-3-00-027 The criteria for review of this Change of Zone are listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ City of Brighton, referral dated October 17, 2024 ➢ Public Service of Colorado (Xcel), referral dated October 9, 2024 ➢ Weld County Oil and Gas Energy Department, referral dated October 8, 2024 ➢ State of Colorado, Division of Water Resources, referral dated October 28, 2024 ➢ Weld County Department of Environmental Health Services, referral dated October 28, 2024 ➢ Weld County Department of Planning Services — Development Review, referral dated November 5, 2024 COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 1 of 8 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Fort Lupton, referral dated November 7, 2024 ➢ Colorado Geological Survey, referral dated October 28, 2024 ➢ Weld County Sheriff's Office, referral dated October 7, 2024 The Department of Planning Services' staff has not received responses from the following agencies: ➢ United Power ➢ Adams County ➢ WES DJ Gathering, LLC ➢ Colorado Parks and Wildlife ➢ Occidental Petroleum Corporation ➢ West Adams Conservation District ➢ Weld County School District RE -27J ➢ Greater Brighton Fire Rescue District ➢ Colorado Department of Transportation ➢ Todd Creek Village Metropolitan District Narrative: The applicant is requesting a Change of Zone from A (Agricultural) Zone District to the I-1 (Light Industrial) Zone District. There are eight (8) legal parcels broken into ten (10) parcel numbers due to taxing districts totaling about four hundred and ten (410) acres. Three (3) of the eight (8) parcels have residences and one (1) has several outbuildings. Section 23-3-310.E.2. states that one (1) manufactured home per legal lot, is allowed via a permit but only when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property (permitted under Division 3 of Article IV of Chapter 23). The structures are required to be converted to commercial buildings or demolished if they do not comply with Section 23-3-310.E.2. The remaining subject properties are vacant land. Any new business will require a Site Plan Review (SPR), a Use by Special Review Permit (USR), or a Zoning Permit. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 [Comprehensive Plan] of the Weld County Code. Section 22-2-30. B.1 states: "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." There are eight (8) legal parcels broken into ten (10) parcel numbers due to taxing districts totaling about four hundred and ten (410) acres. The closest municipality is more than one - quarter (1/4) mile from the subject property therefore this Change of Zone is consistent with the Section 22-2-30.B.1. The City of Brighton and the City of Fort Lupton are within three (3) miles; however, Brighton is about 1.75 miles east of the subject property and Fort Lupton is further, in a northeasterly direction. COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 2 of 8 Section 22-2-30. 8.2 states: "Urban -scale development shall only be placed where urban services, including public water, are available." A Will Serve letter from the Todd Creek Village Metropolitan District (TCVMD), dated April 19, 2024, was submitted with the application materials. The letter stated that TCVMD is willing and able to provide potable and non -potable water service and sanitary sewer service. The Weld County Department of Public Health and Environment, referral dated October 28, 2024, stated no concerns. B. 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. The adjacent surrounding lands are zoned A (Agricultural) and the land uses includes rural residential and agricultural. There are fourteen (14) USRs within one (1) mile of the site. 2nd Amended USR-1172, Amended USR-921, USR-1350, USR-1533, and USR-1611 are all for gravel mining located east of the site along the South Platte River. USR21-0017 and 4th Amended MUSR22-87-778 west of the site and are both for oil and gas support and service. USR-1063, USR-1077, and USR-1396 are 24 -inch natural gas pipelines, and USR17-0032 is fora greater than 12 -inch high-pressure natural gas pipeline. USR16-0011 for metal fabrication, USR17-0067 for a self -storage facility, and USR12-0022 for RV storage. Additionally, there is one (1) Site Plan Review for truck parking located on a C-3 (Business Commercial) zoned property adjacent to Wattenberg. Currently three (3) of the eight (8) parcels have residences and one (1) has several outbuildings. The property owner has submitted three (3) demolition permits, DEM24-0057, DEM24-0058 and DEM24-0061, to demolish six (6) buildings on 10025 County Road 2, two (2) buildings (including the residence) on 1132 County Road 21, and four (4) buildings on 982 County Road 21. Section 23-3-310.E.2. states that one (1) manufactured home per legal lot is allowed when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property (permitted under Division 3 of Article IV of Chapter 23). The other structures are required to be converted to commercial buildings or demolished if the structure does not meet Section 23-3-310.E.2. On October 7, 2024, the Department of Planning Services sent notice to twenty-seven (27) surrounding property owners within 500 -feet of the subject parcel. The Department of Planning Services received six (6) letters from Surrounding Property Owners. Two (2) letters of objection and four (4) letters of support. The letters of opposition state concerns with traffic and the complexities with improving County Road 21 and County Road 2. Decline in property values and that industrial development will attract squatters and homeless camps. The letters also state that industrial zoning would fundamentally alter the character of the area. The site is not located within the Coordinated Planning Agreement (CPA) boundary of any municipality. The subject property is also located outside of the City of Thornton's Growth Management Area. The site is located within the three (3) mile referral area for the Cities of Fort Lupton and Brighton. The City of Fort Lupton submitted referral agency comments stating no concern dated November 7, 2024. The City of Brighton submitted referral comments dated October 17, 2024 that indicates that the City is opposed to this Change of Zone. The referral from the City of Brighton states that: "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 Agricultural uses. With this area being designated Agricultural on our Future Land Use COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 3 of 8 Map, we are opposed to the proposed rezoning from Agricultural (A) to Light Industrial (I- 1) within Weld County. In the City of Brighton's comprehensive plan, it is stated that Brighton stands as only one of four remaining freestanding communities in the Denver metro area. A freestanding community is a unique place surrounded by an open space or rural buffer, with a balanced mix of jobs and housing, efficient regional transportation connections, and an authentic town center at its core. The proposed zoning change poses as a disturbance towards the freestanding city for Brighton. An open space or rural buffer is a huge contributor to the qualifications of a freestanding city. This proposed Industrial zoning will not compliment the rural buffer that has been designated by the City's comprehensive plan Be Brighton. Be Brighton applies to properties within Brighton's growth area and includes future land uses to guide development. This land is anticipated to be annexed 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 preserve agricultural resources such as the designated "prime farmland" and its agricultural heritage. Be Brighton also states, "new development in areas intended to remain rural should be done in a manner that maintains rural character." The I-1 zoning contradicts the vision for this area in Be Brighton as it takes away from the agricultural heritage and rural appearance that will completely surrounding the subject property. The introduction of Industrial use will diminish the rural character that both the City of Brighton and Weld County are looking to preserve. Residential development near the subject site has begun and the city fears that the future industrial use will be cumbersome to their daily lives as there is no transitional space or buffer between the subject site and these residential homes and will affect future development in the area. The City of Brighton is working on its comprehensive plan and will be conducting a more in-depth analysis for properties in our future growth boundary, like the subject property to see the demands stemmed from the city's future growth and development or need for agricultural preservation." Weld County and Brighton do not have an intergovernmental agreement concerning land use. Any future commercial/industrial uses will have to be approved through a Site Plan Review, Use by Special Review, or a Zoning Permit process. All these processes are sent to referral agencies and, with the Use by Special Review and Zoning Permit processes, also sent to the surrounding property owners for comment. The Conditions of Approval and Development Standards applied to both this Change of Zone and any future Site Plan Review, Use by Special Review or Zoning permits will adequately address and mitigate potential impacts. C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. A Will Serve letter from the Todd Creek Village Metropolitan District (TCVMD), dated April 19, 2024, was submitted with the application materials. The letter stated that TCVMD is willing and able to provide potable and non -potable water service and sanitary sewer service. The Weld County Department of Public Health and Environment, referral dated October 28, 2024, stated no concerns. 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. Per Section 23-2-30.A.4 a Change of Zone to a commercial or industrial zone district requires an abutment to a paved road. County Road 21 is a gravel road and County Road 2 is a paved road. The referral agency comments from the Development Review dated November 5, 2024, stated that County Road 21 shall be improved in accordance with Section 23-2-30.A.4. COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 4 of 8 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: 1) 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 hearing or in the hearing concerning the rezoning application. The proposed Change of Zone site is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. 2) 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 Mineral Resources Assessment from Western Environment and Ecology, Inc., dated July 30, 2024, submitted in the application materials, state that, the coal -bearing Laramie Formation is located beneath the subject property, however, the economic coal seams occur approximately 1,000 feet below the surface. This depth and the reduced reliance for coal eliminate it as a viable resource and that other than petroleum resources, no commercial mineral deposits are present on the subject properties. 3) 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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that site consists of two hundred (200) acres of low -slope (1-3%) Nunn loam soils, one hundred fifty three (153) acres of low -slope (0-3%) Weld loam, twenty-three (23) acres of Aquolls and Aquepts, flooded, five (5) acres of moderate -slope (3-5%), Kim loam, eighteen (18) acres of low -slope (0-3%) Wiley -Colby complex, and ten (10) acres of moderate -slope (3-5%) Wiley -Colby complex. Kim loam and Wiley -Colby complex both are classified as "Farmland of Statewide Importance", therefore, this zone change will remove fifteen (15) acres of "Farmland of Statewide Importance" from production. The Aquolls and Aquepts, soils present severe limitations for the construction of structures with or without basements and the remaining three hundred eight seven (387) acres vary between Not Limited to Somewhat Limited for buildings with or without basements. Geotechnical subsurface explorations are recommended to evaluate the subsurface conditions and provide site specific recommendations for any future site improvements. This recommendation 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. COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 5 of 8 The Department of Planning Services' staff recommendation for approval of this Change of Zone from the A (Agricultural) Zone District to the I-1 (Light Industrial) Zone District is conditional upon the following: 1. Prior to recording the plat: A. Per Section 23-2-40.B.4., the applicant shall demonstrate that County Road 21 has a minimum 26- foot- wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum right-of-way width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in conformance with Appendix 8-N, Transportation Plan, and Section 2- 3-30, Collateral for improvements, both of this Code. The Improvements Agreement shall provide for the road to be improved to a minimum of 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum right-of-way width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. (Development Review) B. The applicant shall address the comments from the Division of Water Resources, as stated in the referral response dated October 28, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall acknowledge the referral comments from the Weld County Oil and Gas Energy Department, as stated in the referral response dated October 8, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall acknowledge the referral comments from the Public Service of Colorado (Xcel), as stated in the referral response dated October 9, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall acknowledge the referral comments from the City of Brighton, referral dated October 17, 2024, as stated in the referral response dated August 22, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 2. The Change of Zone plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled COZ24-0006. (Department of Planning Services) B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning Services) C. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. (Department of Planning Services) D. This portion of County Road 2 is a paved road maintained by Adams County. Weld County has 60 feet of right-of-way associated with County Road 2. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of- way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. (Development Review) COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 6 of 8 E. County Road 21 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the plat the existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Section 23-1-90, the required setback is measured from the right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. (Development Review) F. Show and label the existing accesses identified and labeled on the recorded RE -4462 and RE - 4487 plats. (Development Review) G. Delineate and label the access and utility easement identified and labeled on the recorded RE - 4487 plat. (Development Review) H. Show all unauthorized accesses determined by Development Review to be closed and reclaimed and label them as, "TO BE CLOSED AND RECLAIMED". (Development Review) I. The following notes shall be delineated on the Change of Zone plat: 1) Change of Zone, COZ24-0006, allows for I-1 (Light Industrial) Zone District uses which shall comply with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld County Code. (Department of Planning Services) 2) 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) 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 4) 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) 5) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Development Review) 6) 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) 7) Water and sewer service may be obtained from Todd Creek Village Metropolitan District. (Department of Public Health and Environment) 8) 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 has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2023 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, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 7 of 8 Inspection) 9) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 10) 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) 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. (Department of Planning Services) 3. Upon completion of Conditions of Approval 1 and 2 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit 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 Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.D. of the Weld County Code. 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. 4. 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. 5. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone 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 3 -month period. 6. 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. COZ24-0006 I ACM ALF VIII JV SUB I LLC Page 8 of 8 December 4, 2024 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: daungst@weld.gov Phone: (970) 400-3524 Fax: (970) 304-6498 MATT HENGEL 4100 E. Mississippi Ave. Suite 500 Denver, CO 80246 Subject: COZ24-0006 - Change of Zone from the A (Agricultural) Zone District to the I-1 (Light Industrial) Zone District. On parcel(s) of land described as: N2SW4 SECTION 26, Ti N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 7, 2025 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 22, 2025 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/ espectffulAlyA, �,n 1k/v Diana Aungst Planner Hello