HomeMy WebLinkAbout20250159.tiffResolution
Grant Change of Zone, COZ24-0006, from the A (Agricultural) Zone District to the
I-1 (Light Industrial) Zone District — ACM ALF VIII JV SUB I, 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 22nd day of January, 2025, at the hour
of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of
ACM ALF VIII JV SUB I, LLC, 4100 East Mississippi Avenue, Suite 500, Glendale,
Colorado 80246, requesting a Change of Zone, COZ24-0006, from the A (Agricultural)
Zone District to the I-1 (Light Industrial) Zone District for a parcel of land located on the
following described real estate, to -wit:
Lot B of Lot Line Adjustment LLA24-0033; being
the SW1/4 of Section 26; and part of the
W1/2 of Section 35, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
Whereas, at said hearing, the applicant was represented by Matt Hengel,
Westside Property Management Company, 4100 East Mississippi Avenue, Denver,
Colorado 80246, 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
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-30.B.1 states: "Encourage annexation of
urban -scale development. Zone changes and subdivisions
within one -quarter (1/4) mile of municipal limits are strongly
5010072 Pages: 1 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIK l� ilk 11111
cc :QL(DE/MN/DA%KR), c 6o t,
ASR(S6\ APPL., Apps .REP.
o2/ig/z5
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 2
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 approximately 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 Section 22-2-30.B.1. The Cities of Brighton and
Fort Lupton are within three (3) miles of the subject site;
however, Brighton is about 1.75 miles east of the subject
property and Fort Lupton is further, in a northeasterly
direction.
2) Section 22-2-30.B.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
TCVMD is willing and able to provide potable and non -potable
water and sanitary sewer service. The Weld County
Department of Public Health and Environment referral, dated
October 28, 2024, stated no concerns.
B. Section 23-2-40.B.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. The adjacent surrounding lands are zoned
A (Agricultural) and the land uses include rural residential and
agricultural. There are 14 USRs within one (1) mile of the site.
Second 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 Fourth
Amended MUSR22-87-778, are 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 for a greater
than 12 -inch high-pressure natural gas pipeline. USR16-0011, is for
metal fabrication; USR17-0067, is for a self -storage facility; and
USR12-0022, is 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)
5010072 Pages: 2 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County ; CO
KIII eltli hi'tl All Eli' Vital II
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 3
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 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
Chapter 23, Article IV, Division 3). 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 27 surrounding property owners (SPOs) within 500 feet of
the subject parcel and received six (6) letters from SPOs; 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, dated November 7, 2024, stating no concern. The City of
Brighton submitted referral comments, dated October 17, 2024, that
indicate the City is opposed to the Change of Zone. The referral from
the City of Brighton stated the 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 the area being designated Agricultural on the
Future Land Use Map, they are opposed to the proposed rezoning
from A (Agricultural) to I-1 (Light Industrial), within Weld County.
In the City of Brighton's Comprehensive Plan, it is stated that
Brighton is only one (1) of four (4) 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, as 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
5010072 Pages: 3 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
II III
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 4
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
the area in Be Brighton, as it takes away from the agricultural
heritage and rural appearance that will completely surround 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 the 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 (IGA)
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 SPOs 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. Section 23-2-40.B.3 — 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 TCVMD, dated
April 19, 2024, was submitted with the application materials. The
letter stated TCVMD is willing and able to provide potable and non -
potable water and sanitary sewer service. The Weld County
Department of Public Health and Environment referral, dated
October 28, 2024, stated no concerns.
5010072 Pages: 4 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 5
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.
1) Section 23-2-40.B.4 — states: "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 comments from
Development Review, dated November 5, 2024, stated
County Road 21 shall be improved, in accordance with
Section 23-2-30.A.4.
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, 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 23-2-40.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 Mineral Resources Assessment from Western
Environment and Ecology, Inc., dated July 30, 2024,
submitted in the application materials, stated 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
5010072 Pages: 5 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 h4�.r����1����k�h��'lrr��1� ��;I:�YIrh " II I
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 6
other than petroleum resources, no commercial mineral
deposits are present on the subject properties.
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 Natural Resources Conservation
Services (NRCS) Soil Survey indicated the site consists of 200 acres
of low -slope (1-3%) Nunn loam soils, 153 acres of low -slope (0-3%)
Weld loam, 23 acres of Aquolls and Aquepts, flooded, five (5) acres
of moderate -slope (3-5%) Kim loam, 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 are both
classified as "Farmland of Statewide Importance," therefore, this
zone change will remove 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 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.
Now, therefore, be it resolved by the Board of County Commissioners of Weld
County, Colorado, that the application of ACM ALF VIII JV SUB I, LLC, for a Change of
Zone, COZ24-0006, from the A (Agricultural) Zone District to the I-1 (Light Industrial) Zone
District on the above referenced parcel of land be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. 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 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 8-2-30, collateral for
improvements, both of the Weld County Code. The Improvements
Agreement shall provide for the road to be improved to a minimum
5010072 Pages: 6 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
2025-0159
PL2943
viii I r�rR «ti�I f� ��iL �ti���'�_�����fh�WlY4rh II III
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 7
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 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.
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.
C. The applicant shall acknowledge the 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.
D. The applicant shall acknowledge the 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.
E. The applicant shall acknowledge the comments from the City of
Brighton's referral, dated October 17, 2024. Evidence of such shall
be submitted, in writing, to the Weld County 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.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. All recorded easements and rights -of -way shall be delineated on the
plat by book and page number or Reception number.
5010072 Pages: 7 of 11
02/07/2025 09:33 AM R Fee:$A.00 County Co
Carly Koppes, Clerk and Recorder,
Weld k�J�t thireil AU Ill III
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 8
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 the future and
existing right-of-way (along with the documents creating the existing
right -of- way) and the physical location of the road on the plat. 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
Section 23-1-90, the required setback is measured from the future
right-of-way line.
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 the existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road on the plat. 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.
F. The applicant shall show and label the existing accesses identified
and labeled on the recorded RE -4462 and RE -4487 plats.
G. The applicant shall delineate and label the access and utility
easement identified and labeled on the recorded RE -4487 plat.
H. The applicant shall show all unauthorized accesses, determined by
Development Review to be closed and reclaimed, and label them as,
"TO BE CLOSED AND RECLAIMED."
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.
2) The operation shall comply with all applicable rules and
regulations of the state and federal agencies and the Weld
County Code.
5010072 Pages: 8 of 11
02/07/2025 09:33 AM 0 Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
1111
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 9
3) Any future structures or uses onsite must obtain the
appropriate Zoning and Building Permits.
4) 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.
5) Access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
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.
7) Water and sewer service may be obtained from the Todd
Creek Village Metropolitan District.
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 have been adopted by Weld 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.
9) All buildings shall comply with the setback from oil and gas
wells, per Section 23-4-700, as amended.
10) Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact
5010072 Pages: 9 of 11
02/07/2025 09:33 AM R Fee:$0.00
Car1Y Koppes, Clerk and Recorder, Weld County , CO
IIII l�r.�tY�llir�ti'I'I Crl�i'�4 �kG�i�'�I+i''tilrYh 1I II
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 10
Fee, County Facility Fee, and Drainage Impact Fee
Programs.
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 stated
herein and all applicable Weld County regulations.
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. 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 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 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 three (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.
5010072 Pages: 10 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
���� �.r!'�aN'.itFIl�N4R�'4l'�I`4'S KIi�R,�LR1h �l Y4rh 1 111
2025-0159
PL2943
Change of Zone (COZ24-0006) - ACM ALF VIII JV SUB I, LLC
Page 11
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 22nd day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Nay
Lynette Peppler: Nay
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5010072 Pages: 11 of 11
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
VIII I ��r't�l4 w��t��M9 N W FitrOACillyi II III
2025-0159
PL2943
Hello