HomeMy WebLinkAbout20232219.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Butch White, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant
Planner:
Request
Legal Description:
Location:
COZ23-0002
Robert L. Seltzer Family Trust. c/o Brighton Outdoor Storage
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot A Recorded Exemption RECX13-0054: being part of the SW1/4 of Section 34,
Township 1 North. Range 67 West of the 6th P.M.. Weld County. Colorado.
East of and adjacent to County Road 19; approximately 890 feet north of County
Road 2.
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 states: "Locate urban development in urban areas."
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."
The property is located more than 1/4 mile from the municipal limits of the nearest municipality.
The nearest municipal limits are approximately 1 -mile from the property.
Section 22-2-30. 8.2 states: "Urban -scale development shall only be placed where urban
services, including public water are available.
The property is currently served by Todd Creek Metropolitan District for water tap #4314001.
Section 22-2-40.A. states: "Support compatible economic development opportunities."
This site is in a Weld County Opportunity Zone and the applicant is proposing to expand the
existing use. The location of the site is consistent with the Comprehensive Plan's intent to place
commercial businesses within one-half mile of an intersection of a collector and an arterial road.
Section 22-2-10.8. states: "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 applicant has owned and operated the existing RV storage business since 2012 (USR12-
0022). The RV storage area encompasses about fifteen (15) acres of the subject property and
the applicant is proposing to expand the facility to include the remainder of the site. The Change
of Zone will facilitate the expansion of the facility and allow for other commercial uses on the site.
Section 22-4-10.8.1. the Weld County Opportunity Zone criteria, states that zone changes to
commercial and industrial are preferred in select areas of the County. Specifically, within one-half
(1/2) mile of collector/arterial intersections.
This property is located within the one-half mile (1/2) of the intersection of County Road 2 and
Resolution COZ2-0002
Robert L Seltzer Family Trust, do Brighton Outdoor Storage
Page 2
County Road 19 therefore it is within a Weld County Opportunity Zone as defined by the
Comprehensive Plan The Comprehensive Plan states that zone changes to commercial and
industrial are preferred in the Opportunity Zones
Section 22-2-30 C states "Harmonize development with surrounding land uses "
The property to the north, east and south are owned by the applicant Commercial uses are
required to screen all outdoor storage from all other properties except those properties that are
zoned 1-3 (Heavy Industrial) The site has an opaque fence and evergreen trees that were
planted in 2012 The fence and landscaping screen the site from County Road 19 and extend
east along the north and south boundary for a short distance Any future outdoor storage will be
required to be screened with an opaque fence
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 all zoned A (Agricultural) and all except the properties to the
west of County Road 19 are owned by, Robert L Seltzer Family Trust, the owner of the subject
property
The land uses west of and adjacent to County Road 19, across the street from the subject
property, are rural residential USR17-0067, for a self -storage facility, is about 90 feet south of
the site There is also a C-3 (Business Commercial) zoned property approximately 500 feet south
of the site (COZ22-0010) with no development currently on the site
There are fourteen (14) USRs within one (1) mile of the site Third Amended USR-778 for a
natural gas control station USR-1063, USR-1077, and USR-1396 all for 24 -inch natural gas
pipelines Amended USR-256, USR21-0017, and USR18-0053 for oil and gas support and
service facilities MUSR12-0013 for a Class II oilfield waste disposal facility, USR19-0019 for a
storage and staging yard for oil and gas equipment, USR-1376 for a landscaping business,
USR18-0128 fora contractor shop, USR17-0032 fora greater than 12 -inch high-pressure natural
gas pipeline, and USR17-0067 for a self -storage facility
The site is located within the three (3) mile referral area for the Cities of Northglenn, Dacono, and
Brighton as well as Adams County The City of Brighton did not return referral agency comments
The Cities of Northglenn and Dacono submitted referral agency comments stating no concerns
dated April 13, 2023 and April 11, 2023, respectively Adams County submitted referral agency
comments stating no concerns dated May 4, 2023 The current land use on the south side of CR
2 (168th Avenue) is a well pad with about thirty (30) wells via Adam's County case #s USR2018-
00002, USR2022-00007_ and USR2022-00009 Additionally, the Pioneer Water Pipeline via
Adam's County case # RCU2020-00004 was approved for this area The Adam's County Future
Land Use Map adopted in 2012 depicts the properties as Estate Residential and the proposed
2022 revised Future Land Use Map states that the density for these properties is proposed to be
about six (6) dwelling units per acre designated as Residential Low
The subject site is not located within a Coordinated Planning Agreement (CPA) boundary of any
municipality
On May 30, 2023, the Department of Planning Services sent notice to six (6) surrounding
property owners within 500 -feet of the subject parcel No responses were received One
surrounding property owner responded with comments in support of this Change of Zone
The site in a Weld County Opportunity Zone which is a preferred site for rezoning to commercial
and industrial The RV storage facility occupies about fifteen (15) acres of the 34 9 acres Any
future commercial/industrial uses will have to be approved through a Site Plan Review, or Use by
Special Review, or a Zoning Permit process Site Plan Review and Use by Special Review
applications are sent to referral agencies and, with the Use by Special Review and Zoning Permit
Resolution COZ2-0002
Robert L Seltzer Family Trust, do Brighton Outdoor Storage
Page 3
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 or Use by Special Review 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
Water is currently provided by Todd Creek Village Metropolitan Distract (District) The District did
not respond with any referral agency comments
Per the Weld County Department of Public Health and Environment, referral dated April 13,
2023, an on -site wastewater treatment system (OWTS) will serve the site
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 the referral dated April 10, 2023, from the Department of Planning Services — Development
Review County Road 19 meets the criteria specified in Section 23-2-30 A 4 and Section 23-2-
40 B 4 for change of zone in that it is a paved road
Per the Functional Classification Map (Code Ordinance 2017-01) County Road 19 is considered
an arterial road Yosemite Street in Adams County is south of County Road 2 but offset to the
east by about 450 feet
The parcel has a permitted commercial access point onto County Road 19 —AP12-00370
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
Dtstnct identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts
Compliance maybe demonstrated ►n a previous public hearing or in the heanvg concerning
the rezoning apphcatton
The proposed Change of Zone (COZ) 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 orfutum extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property
The proposed Change of Zone does not interfere with the present or future extraction of
mineral resources, more so than the existing zoning The Geologic Hazards and Mineral
Resources Report from Earth Engineering Consultants, LLC, dated January 23, 2023,
submitted in the application materials, state that no sources of critical minerals are inferred at
this site and no significant resources of sand and gravel exist below ground surface
3) Section 23-2-30 A 5 c - If sod 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 pnor to the development of the
property
Resolution COZ2-0002
Robert L Seltzer Family Trust, do Brighton Outdoor Storage
Page 4
The Natural Resources Conservation Services (NRCS) Soil Survey, dated January 3, 2023,
indicates that 96% of the site consists of low -slope (1-3%) Nunn loam soils The remaining
4% is low -slope (1-3%) Wiley -Colby complex soils Both soil types are classified as "Prime
Farmland if Irrigated" The site is 34 9 acres is size with 15 acres being utilized as a RV
storage facility since about 2012
Geotechnical subsurface explorations are recommended for each budding to identify existing
subsurface conditions Pre -mitigation radon control methods, such as sub -slab piping, as
well as radon tests should be considered
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 CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS
COMMERICAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 Prior to recording the plat
A The applicant shall acknowledge the referral comments from the Weld County Oil and Gas
Energy Department, as stated in the referral response dated June 6, 2023 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 COZ23-0002 (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 County Road 19 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full
buildout 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 This is 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 This road is maintained by Weld County (Development Review)
E Show and label the existing access point onto County Road 19 and the usage type
(Commercial) (Development Review)
3 The following notes shall be delineated on the Change of Zone plat
1) Change of Zone, COZ23-0002, allows for C-3 (Business Commercial) 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) Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
3) 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)
Resolution COZ2-0002
Robert L Seltzer Family Trust, c/o Brighton Outdoor Storage
Page 5
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) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way (Development Review)
7) 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)
8) The historical flow patterns and runoff amounts will be maintained on the site (Development
Review)
9) Water service may be obtained from Todd Creek Village Metropolitan District (Department of
Public Health and Environment)
10) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may
be by an on -site wastewater treatment system (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality Control
Division, and the Weld County Code in effect at the time of construction, repair, replacement, or
modification of the system (Department of Public Health and Environment)
11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability of
the component to function as designed (Department of Public Health and Environment)
12) Building permits may be required, for any new construction, setup 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, 2020 National Electrical Code, and Chapter29
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)
13) 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)
14) 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 COZ2-0002
Robert L Seltzer Family Trust, do Brighton Outdoor Storage
Page 6
15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the State's commercial mineral deposits are essential to the State's economy, (b) the
populous counties of the state face a critical shortage of such deposits, and (c) such deposits
should be extracted according to a rational plan, calculated to avoid waste of such deposits and
cause the least practicable disruption of the ecology and quality of life of the citizens of the
populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource
4 Upon completion of Conditions of Approval 1, 2, and 3 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
5 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 -
6 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
7 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 Sam Gluck
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Against Passage Absent
Shana Morgan
Resolution COZ2-0002
Robert L Seltzer Family Trust, do Brighton Outdoor Storage
Page 7
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, Kristine Ranslem, 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 July 11, 2023
Dated the 11th of July, 2023
,exiea., ,aa.,oAm.
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, July 11, 2023
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,
Elijah Hatch, at 1:31 p.m.
Roll Call.
Present: Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Pamela Edens, Michael Palizzi.
Absent: Michael Wales, Shana Morgan.
Also Present: Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services: Lauren
Light. Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Michael Wailes entered the Hearing at 1:48 p.m.
Case Number:
Applicant
Planner:
Request:
Legal Description:
Location:
COZ23-0002
Robert L. Seltzer Family Trust, c/o Brighton Outdoor Storage
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot A Recorded Exemption RECX13-0054; being part of the SW1/4 of Section 34,
Township 1 North, Range 67 West of the 6th P.M., Weld County. Colorado.
East of and adjacent to County Road 19; approximately 890 feet north of County
Road 2.
Commissioner Hatch stated that he is very familiar with the applicants, however, he believes he can be fair
and impartial regarding this case.
Diana Aungst, Planning Services, presented Case COZ23-0002, reading the recommendation and
comments into the record. Ms. Aungst noted that two surrounding property owners provided letters of
support for this change of zone. The Department of Planning Services recommends approval of this
application along with conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Commissioner Holland asked if they have any need for water on this site. Ms. Light said that Todd Creek
Village Metro District will provide water. She added that the applicants are expanding the existing RV site.
Jennifer Johnson -Seltzer, 33641 CR 83. Briggsdale, Colorado, stated that this project is an expansion of
their existing storage facility. She added that currently there are 900 spots and they filled those spots much
faster than they expected so they are requesting to expand the facility.
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 Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ23-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Butch White, Seconded
by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Michael Palizzi. Michael Wailes; Pamela Edens, Sam Gluck. Skip Holland.
Meeting adjourned at 2:30 pm.
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