HomeMy WebLinkAbout20250754.tiffLAND USE APPLICATION
SUMMARY
Planner: Maxwell Nader
Case Number: USR23-0046
Applicant: 6046 County Road 6 Trust c/o Jordan Gutierrez
6046 CR 6, Brighton, CO 80603
Hearing Date: March 4, 2025
Representative: Mimi Florence
313 Country Club Park Road, Grand Junction, CO 81507
Address: 6046 CR 6, Brighton, CO 80603
Request: Use by Special Review Permit, for a Residential Therapeutic Center, outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Being a part of the S2SW4 of Section 19, T1 N, R67W of the 6th P.M., Weld County,
Description: CO
Location: North of and adjacent to County Road 6 and east of and adjacent to County Road 13
(Colorado Boulevard).
Size of Parcel:
± 36.86 Parcel Number. 1469-19-3-00-067
The criteria for review of this Special Review Permit are listed in Chapter 21 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
■ Mountain View Fire District, referral dated November 26, 2024
■ Central Weld County Water District, referral dated November 26, 2024
■ Weld County Department of Public Health and Environment, referral dated March 5, 2024
■ Weld County Department of Planning Services — Building Inspection, referral December 10, 2024
■ Weld County Department of Planning Services — Development Review, referral dated January 30,
2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Town of Erie, referral dated November 21, 2024
■ City of Dacono, referral dated December 3, 2024
■ City of Northglenn, referral dated November 22, 2024
■ City of Fort Lupton, referral dated November 26, 2024
■ Weld School District RE -8, referral dated November 20, 2024
■ Weld County Sheriff's Office, referral dated November 20, 2024
■ Colorado Department of Transportation, referral dated November 20, 2024
USR23-0046 16045 County Road 6 Trust
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The Department of Planning Services' staff has not received responses from the following agencies:
■ KP Kauffman
■ Adams County
■ Bull Ditch Company
■ Colorado Division of Wildlife
■ Oil and Gas Energy Department
■ West Adams Conservation District
■ Department of Labor and Employment
■ Colorado Department of Health and Environment
Case Summary:
The applicant is proposing to operate a residential therapeutic center for sixteen (16) residents. The
business name is Countryside Chateau Assisted Living, Inc. The applicant is proposing to remodel the
existing residence on site (constructed in 2005). It will continue to be used as an existing residence and the
residential therapeutic center. There are also outbuildings on the site, both a detached garage and a shed.
A second Residential Therapeutic Center for 16 Residents, would be in the long-term planning. It would be
new construction and a separate structure. Although the size of the building would be single story with a
footprint similar in size to the existing structure. The hours of operation will be 24 hours a day, and 7 days
a week. There will be up to three (3) shifts (24/7) with up to seven (7) employees.
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-
260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has
shown compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect.
Section 22-2-10.8 Respecting Private Property Rights. One of the basic principles upon which
the United States was founded is the right of citizens to own and utilize property so long as that
use complies with local regulations and does not interfere with or infringe upon the rights of
others.
The proposed application respects private property rights by allowing an existing use and
existing structure to be utilized in a way that better supports the needs of the community, by
providing expanded operating parameters to a residential therapeutic center. The existing site
activities, being a residential dwelling, have successfully co -existed with the surrounding
properties for many years and will continue to be utilized as such. This request complies with
County Regulations and does not negatively impact surrounding land uses.
Section 22-2-30.C. Harmonize development with surrounding land uses.
The proposed residential therapeutic center is a use that can serve the surrounding residential
population. Conditions of approval and development standards are attached to address
compatibility with the surrounding area . The property is adjacent to the municipal limits of the
City of Dacono and the city responded with no concerns. The proposal will be utilizing the
existing structures on site and will be limited to sixteen (16) residents due to the size of the
structure and staying compliant with state regulations. The structure will expand in size but will
go through a change of use process with the Building Department to ensure the building is
properly built for the use of a residential therapeutic center.
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B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development, without the interference
of other, incompatible land uses."
Section 23-3-40.DD of the Weld County Code allows residential therapeutic centers as a
Use by Special Review outside of subdivisions and townsites.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
Adjacent land consists of a variety of uses including rural residence, commercial uses permitted
through Use by Special Review permits, and agricultural land.
There are multiple Use by Special Review permits within one (1) mile of the site including a
trucking parking business (USR-1669), oil and gas support and service facility (1 MUSR20-18-
0061), non -1041 major facility -230KV (USR18-0109), two (2) compressor stations (USR-
941AM & SUP -223), commercial business for storage of roofing material (USR16-0002),
kennel (SUP -299), mining operation and batch plant (USR-1341), four (4) outdoor storage
facilities (USR16-0035 & 2MUSR17-13-0010 & USR-1607 & MUSR14-0021), and a public
utility facility (USR-1702),
The Weld County Department of Planning Services sent notice to fifteen (15) Surrounding
Property Owners. Two (2) letters were received back in January of 2024 during the second
round of review. The concerns outlined in the first letter was focused on the previous request
of two (2) Residential Therapeutic Centers (RTCs) and the impacts associated with having two
facilities, such as traffic, infrastructure, zoning and property values. The second letter also
submitted during the second round of review outlined concerns of traffic, noise, and general
safety.
The Development Standards and Conditions of Approval will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the 3 -mile referral area for the Town of Erie, City of Fort Lupton, City
of Northglenn and City of Dacono. All four municipalities responded with no concerns on their
referrals. The City of Dacono is the nearest municipality, being approximately 100 feet north
of the subject property. The City's "Dacono Forward" Comprehensive Plan Update of 2017
identifies this subject property as future "Suburban Residential".
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E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The property is not located within any of the following overlay districts officially adopted by the
County, including A -P (Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate
Storm Sewer System area, or Special Flood Hazard Area. The property is located within the
Geologic Hazard Overlay District. Specifically, the subject property is located within two (2)
depths of abandoned coal mines, being 350-399 feet and 100-149 feet. The improvements on
site are located on top of the 350-399 foot -deep abandoned coal mine.
Building Permits issued on the lot will be required to adhere to the fee structure of the County
- Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be
required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposal does not add additional buildings or improvements, the existing structures will be
used for the proposed use. The property is currently not in crop production. There are four (4)
soil classifications on the site: Nunn clay, Renohill clay loam, Ulm clay loam, and Wiley -Colby
complex. All four (4) soil classifications are either considered "Prime Farmland if irrigated" or
"Farmland of Statewide Importance". The site has historically been residential with the house
constructed in 2005. Based on the historic uses and the soil classifications this use will not
remove any "Prime Farmland" from production.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section
23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code),
Conditions of Approval and Development Standards can ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
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.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the comments from the Central Weld County Water District, as
stated in the referral response dated November 26, 2024. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall acknowledge the comments from the Mountain View Fire Rescue, as stated
in the referral response dated November 26, 2024. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
C. An acceptable Final Traffic Analysis is required. (Development Review)
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D. As the applicant intends to utilize the existing On -site Wastewater Treatment system the system
shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the
proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed. (Department of Public Health and
Environment)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0046 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.
13 of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 of the Weld County Code, if applicable. (Department of Planning Services)
6. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
7. Show and label all recorded easements and rights -of -way shall be delineated on the
map by book and page number or reception number. (Department of Planning
Services)
8. County Road 6 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or 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. All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County. (Development Review)
9. County Road 13 (Colorado Boulevard) is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road which requires 140 feet of right-
of-way at full buildout. The applicant shall delineate and label on the site map or 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. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Development Review)
10. Show and label the proposed access location onto CR 6, the approved access width and
the appropriate turning radii on the site plan. The applicant must obtain an access permit
in an approved location prior to construction. Label the existing, unpermitted access point
onto CR 6 as "Close and Reclaim." (Development Review)
11. Show and label the approved tracking control on the site plan. (Development Review)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
13. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
USR23-0046 16045 County Road 6 Trust
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gate to the edge of the traveled surface be less than 35 feet. (Development Review)
14. Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a paper map along with all other
documentation required as Conditions of Approval. The paper map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The paper map 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. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map 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. (Department
of Planning Services)
4. Prior to Construction:
A. The access permit shall be obtained and the approved tracking control shall be constructed prior
to on -site construction/remodel. (Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
5. Prior to the issuance of the Certificate of Occupancy:
A. On -site Wastewater Treatment systems are required for the proposed facility and shall be
installed according to the Weld County On -site Wastewater Treatment System Regulations.
The OWTS are required to be designed by a Colorado Registered Professional Engineer
according to the Weld County On -site Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and
the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is read y to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
6045 County Road 6 Trust
USR23-0046
1. A Use by Special Review Permit, for a Residential Therapeutic Center, outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation would be 24 hours a day, and 7 days a week. (Department of Planning
Services)
4. There will be up to seven (7) employees. (Department of Planning Services)
5. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
(Department of Planning Services)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
10. Adequate drinking, handwashing and toilet facilities shall be provided for the facility, at all times. A
permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
11. Any On -site Wastewater Treatment System located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of
Public Health and Environment)
12. If an On -site Wastewater Treatment System serves twenty or more people per day, the facility shall
submit an Underground Injection Control (UIC) Class V Injection Well permit to the Environmental
Protection Agency (EPA). (Department of Public Health and Environment)
13. The facility shall comply with the Colorado Department of Public Health and Environment, Colorado
Department of Human Services, and the Weld County Department of Human Services, rules and
regulations regarding registration and licensing requirements. (Department of Public Health and
Environment)
14. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
15. 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)
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16. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
21. 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 cod es 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 Inspection)
22. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
24. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
25. 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)
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26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services. (Department of Planning Services)
27. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners. (Department
of Planning Services)
28. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
29. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires. The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated. When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use
may have been terminated, the Planner shall send certified written notice to the landowner
asking that the landowner request to vacate the Use by Special Review Permit.
30. In such cases where the Use by Special Review has terminated but the landowner does not
agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with
the Board of County Commissioners to provide the landowner an opportunity to request that
the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall
be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners
determines that the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by Special Review
Permit is vacated.
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February 4, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mnader@weld.gov
Phone: (970) 400-400-3527
Fax: (970) 304-6498
FLORANCE MIMI
313 Country Club Park Road
Grand Junction, CO 81507
Subject: USR23-0046 - A Site Specific Development Plan and Use by Special Review Permit, for a
Residential Therapeutic Center, outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
Part of the S1/2 SW1/4 of Section 19, Township 1 North, Range 67 West of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 4, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 26, 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/
Respectfully,
Maxwell Nader
Planner
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