HomeMy WebLinkAbout20250160.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Cindy Beemer, that the following resolution be introduced for passage by the Weld County
Planning Commission.
Case Number:
Applicant:
Planner:
Request:
Be it resolved by the Weld County Planning Commission that the application for:
Legal Description:
Location:
COZ24-0006
ACM ALF VIII JV SUB I, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the I-1 (Light Industrial)
Zone District.
Being part of the SW1/2 of Section 26; part of the W1/2 of Section 35; including
Lots A, B, C and D of Recorded Exemption RE -4487; Lot B Recorded Exemption
RE 4462; and Lot B Recorded Exemption RE -433 all located in Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
Approximately 0.5 miles north of County Road 4 extending south of County Road
2; east of and adjacent to County Road 21.
be recommended favorably to the Board of County Commissioners 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. 8.1 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.
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.
RESOLUTION COZ24-0006
ACM ALF VIII JV SUB I, LLC
Page 2
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 2"d 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 4'h 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 for a 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
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 Bnghton 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
RESOLUTION COZ24-0006
ACM ALF VIII JV SUB I, LLC
Page 3
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 1-1 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 A4 — 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 A4
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 Distncts
Comphance maybe demonstrated ►n a previous public heanng or in the hearing concerning
the rezoning application
RESOLUTION COZ24-0006
ACM ALF VIII JV SUB I, LLC
Page 4
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 poor 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
The Planning Commission 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
RESOLUTION COZ24-0006
ACM ALF VIII JV SUB I, LLC
Page 5
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 fora 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,delmeate 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)
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)
RESOLUTION COZ24-0006
ACM ALF VIII JV SUB I, LLC
Page 6
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
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)
RESOLUTION COZ24-0006
ACM ALF VIII JV SUB I, LLC
Page 7
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
Motion seconded by Virginia Gudegahn
VOTE
For Passage Against Passage
Pamela Edens
Michael Wailes
Michael Pal¢zi
Virginia Guderjahn
Michael Biwer
Cindy Beemer
Absent
Butch White
Barney Hammond
Jay Pier
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 7, 2025
Dated the 7w day of January 2025
/Ache lCe, /,c,dzzL
Michelle Wall
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, January 7, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Michael Biwer, Cindy
Beemer.
Absent/Excused: Butch White, Barney Hammond, Jay Pier.
Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services; Lauren Light,
Department of Health, Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the December 3, 2024, Weld County Planning Commission minutes, Moved by Cindy
Beemer, Seconded by Virginia Guderjahn. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ24-0006
ACM ALF VIII JV SUB I, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the I-1 (Light
Industrial) Zone District.
Being part of the SW1/2 of Section 26; part of the W1/2 of Section 35;
including Lots Al B, C and D of Recorded Exemption RE -4487; Lot B
Recorded Exemption RE -4462; and Lot B Recorded Exemption RE -433
all located in Township 1 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Approximately 0.5 miles north of County Road 4 extending south of County
Road 2; east of and adjacent to County Road 21.
Diana Aungst, Planning Services, presented Case COZ24-0006, reading the recommendation and
comments into the record.
On October 7, 2024, staff sent notice to 27 surrounding property owners within 500 feet of the subject
parcel. Planning Services received 6 letters from surrounding property owners, 2 letters of objection and 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 City of Brighton submitted referral comments dated October 17, 2024, that indicates that the City is
opposed to this Change of Zone. 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.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Matt Hengel, 4100 East Mississippi Avenue, Suite 500, Denver, Colorado. Mr. Hengel stated he is
representing Westside Property Investments and they manage ACM ALF VIII JV SUB I LLC. Mr. Hengel
said the previous owner didn't maintain the property It was full of weeds and trash There were squatters
in some old buildings on the property Since taking ownership of the property it has been cleaned up and
all old building should be demolished by the end of this week Mr Hengel explained how the project will be
a campus type of environment with good access, landscaping, secure and lighting attracting fortune 500
companies
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ24-0006 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Cindy Beemer, Seconded by Virginia Guderjahn
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Cindy Beemer, Michael Biwer, Virginia Guderjahn, Pamela Edens, Michael Palizzi, Michael Wailes
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 52 p m
Respectfully submitted,
f lLe, a —k t
Michelle Wall
Secretary
ATTENDANCE RECORD
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