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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
COZ22-0013
Sasaki Family Holdings, LLC, c/o Jane Sasaki
1821 County Road 27, Brighton 80603
Hearing date: February 7, 2022
Jim Winter, NGL Energy Partners, LP
865 North Albion Street, Suite 440, Denver Colorado 80220
Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone
District
Lot A 2nd Corrected Recorded Exemption RE -3362; located in part of the NE4 of Section 30,
Ti N, R66W of the 6th PM, Weld County, Colorado
West of and adjacent to County Road 27 approximately 650 -feet south of County Road 6
+1- 3.83 acres Parcel #: 1471-30-1-00-103
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
➢ State of Colorado, Division of Water Resources, referral dated November 29, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated December 1, 2022
➢ City of Brighton, referral dated December 16, 2022
➢ Weld County Department of Public Health and Environment, referral dated December 19, 2022
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
➢ Weld County Department of Planning Services - Code Compliance, referral dated November 28, 2022
➢ Colorado Parks and Wildlife, referral dated November 30, 2022
➢ Brighton Fire Rescue District, referral dated December 6, 2022
➢ Weld County Oil & Gas Energy Department, December 9, 2022
The Department of Planning Services' staff has not received referral responses from the following agencies:
➢ Noble Energy, Inc.
➢ Adams County
➢ City of Fort Lupton
➢ West Adams Conservancy District
➢ Colorado Geologic Survey
➢ Fulton Irrigation Ditch Company
COZ22-0013 Sasaki
Page 1
Narrative
The property owner has requested a Change of Zone on a property zoned A (Agricultural) to 1-3 (Heavy
Industrial). Potential uses for 1-3 zoned properties can be found in Section 23-3-330 of the Weld County Code.
The property has the 1919 family residence and two outbuildings constructed in 2004. The intent is to rezone the
property, allowing the landowner to remain in the family home on site and upon departure from the family farm to
repurpose the property. A non -conforming use of a structure case shall be established to allow the temporary
residential use to remain. Section 23-3-330.E.1 states "one manufactured home per Legal lot when used as living
quarters for caretaker or security personnel responsible for maintaining or guarding the property..." The
applicant is proposing to allow the existing residence to remain on site in -lieu of demolishing the structure to
replace with a manufactured home per Weld County Code. When a non -conforming use of a structure and
premises is discontinued or abandoned for any reason for a period of one (1) year, any subsequent use of such
structure or structure and premises shall conform to the regulations specified in Chapter 23, Article III, Division
4 of the Weld County Code for the zoning district in which such structure or structure and premises are located.
As the property is not currently being used commercially, any new business will require a Site Plan Review or a
Special Use Permit prior to any operation or facility construction.
The property is also within a Weld County Opportunity Zone per the Comprehensive Plan map. The map is
intended to encourage rezoning in appropriate areas. Such a designation does not guarantee a zone change
application will be approved. This property is located in an area prime for commercial and industrial development
if a zone change is approved given the proximity to transportation infrastructure of roads and rail and in the near
area for municipal utility connections. More importantly, this property is located within the Growth Management
Area for the City of Brighton as defined in the 2016 Comprehensive Plan. The city in their referral dated
December 16, 2022, requested the applicant discuss annexation and development opportunities within the City of
Brighton.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED
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.
All necessary application materials were found to be complete on November 16. 2022.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
B. Section 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.
Surrounding lands are being utilized for either permanent or temporary commercial and industrial uses
adjacent to, or in the near vicinity, of this proposed Change of Zone. Notice was sent to nine (9)
surrounding properties and no responses were received regarding the proposal.
The City of Brighton referral dated December 16, 2022 stated "The City of Brighton is opposed to this
rezoning proposal. The application has an error as this is within the City of Brighton's Growth Boundary
and not the City of Fort Lupton's. As the property is within our growth boundary, and as the
adjacent ROW is already annexed, we find that City standards such as architecture, buffering, and
screening should be applied to the development as site development will impact City residents and
businesses directly. As such, City staff encourages the applicant to reach out to schedule a
Preliminary Application Conference to discuss annexation and development within the City of Brighton. If
this project is to move forward, City staff requests that City of Brighton standards be applied at the time of
site development given the direct impacts to our residents and business owners."
The Brighton Land Use Guidance Map (2016) designates the area for Employment -Industrial land use
designation to encourage that land be retained for a mix of offices, flex -office, and light industrial uses
such as regional headquarters for energy companies. Further east of Main Street the designation
COZ22-0013 Sasaki
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changes to Industrial to accommodate heavier industries such as manufacturing and outdoor assembly
and storage in closer proximity to rail.
This development is located within the Fort Lupton Coordinated Planning Agreement (CPA) boundary;
however, as it is located south of County Road 6, separate intergovernmental agreements of which Weld
County is not a part, prohibit annexation of these lands into Fort Lupton. Although the closest municipality is
the City of Brighton, there are no adopted intergovernmental agreements between the County and the City
which afford for mutual planning efforts. This development is located within a Weld County Opportunity Zone
per the Comprehensive Plan.
Weld County Oil and Gas Energy Department (OGED) in their referral dated December 9, 2022, states
"Staff has completed review of the proposal and have no conflicts with the proposed activity."
The Brighton Fire Rescue District also expressed no concerns in the December 6, 2022 referral. The
City of Fort Lupton did not respond to the referral request.
Future industrial uses will have to be approved through a Site Plan Review or Use by Special Review
process. Site Plan Review and Use by Special Review applications are sent to referral agencies for
comments. The Conditions of Approval and Development Standards applied to both this Change of Zone
and any future Site Plan Reviews will adequately address and mitigate potential impacts. Due to the
proximity of other industrial operations in the vicinity, a Change of Zone to 1-3 (Heavy Industrial) is
compatible with the surrounding land uses.
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.
The site has a historic point of ingress and egress and is adjacent to County Road 27 (North Main Street).
The City of Brighton referral dated December 16, 2022, indicated that the adjacent right-of-way had been
annexed.
Section 23-3-330 of the Weld County Code states, "... Properties zoned 1-3 should be located near
transportation infrastructure such as highways, railroads, or airports." County Road 27, North Main Street
is identified on the 2016 Brighton Transportation Plan as a designated minor arterial street with proposed
parallel trail.
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:
Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any Overlay District identified
by maps officially adopted by the County, that the applicant has demonstrated compliance with the
County regulations concerning Overlay Districts. Compliance may be demonstrated in a previous public
hearing or in the hearing concerning the rezoning application.
The site is not located within the following overlay districts officially adopted by the County: airport,
geologic, historic, 1-25, Multiple Separate Storm Sewer System (MS4), or floodplain.
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 Earth Engineering Consultants LLC Geologic Hazards and Mineral Extraction Report dated August
11, 2022, submitted with the application indicates that sand and gravel deposits may be located on site,
however, the mineral resources do not appear as an economic resource given the size of the property.
No other potential geologic hazards were identified.
Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present moderate or severe
COZ22-0013 Sasaki
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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 Earth Engineering Consultants LLC Geologic Hazards and Mineral Extraction Report dated August
11, 2022, submitted with the application also considered soils, which are consist of a relatively thin mantle
of Altvan loam, described as soil with nearly equal parts of sand and silt with lesser amounts of clay
underlain by Broadway Alluvium generally consisting of sand and gravel which extends to bedrock at
variable depths." No soil limitation was identified. The Colorado Geologic Survey did not return a referral
response for this land use application.
C. The submitted materials are not in compliance with Section 23-2-30 of the Weld County Code:
A. Section 23-2-30.A.1. - That the proposal is not consistent with Chapter 22 of the Weld County.
Section 22-2-30.B.1 states "Locate urban development in urban areas - 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."
County Road 27, North Main Street and County Road 6 between State Highway 85 and just west of
County Road 29 were annexed by the City of Brighton on March 24, 2009. One parcel approximately
2000 -feet south of County Road 6 was annexed into the City of Brighton and is permitted for a
maintenance shop, outdoor storage of equipment and materials (ARNHEIM, Inc.) and was annexed into
the City on January 13, 2014. Lands to the east of and adjacent to and south of and adjacent to
County Road 6 were annexed on March 8, 2010, for Railroad Ventures LLC with lands located east of
the Union Pacific Railroad annexed on August 7, 2009 for the Vestas Blades and Nacelle Campus.
Urban scale development is only permitted within three (3) miles of a municipal boundary or within a
Coordinated Planning Area (CPA). Urban scale developments require a public water source, internal
paved roads, common open space and storm drainage. Urban scale commercial and industrial
developments require public or private sewer systems (Onsite Wastewater Treatment Systems). The
referral from the City of Brighton indicate that urban services are available in close proximity to this site.
The City of Brighton in their referral dated December 16, 2022, requested the applicant discuss
annexation and development opportunities within the City of Brighton. Furthermore, this property is
located within the Growth Management Area for the City.
This property is located within a designated Opportunity Zone as defined in the Weld County Code and as
delineated on the Comprehensive Plan Map. Section 22-4-10 B. states "... zone changes to I (Industrial),
are preferred in the following locations — within one-half mile of U.S. highways, the property is located
within this distance to the east of U.S. Highway 85; within one -quarter mile of railroads, the property is
located within this distance to the west of the of the Union Pacific RR mainline track and within one-half
mile of an arterial/ arterial intersection; a City of Brighton designated arterial street and a Weld County
designated arterial road intersect at County Road 27 and County Road 6. Finally, development
requiring rezoning is discouraged within one -quarter mile of any municipality as expressed in Section
22-4-10.C.1 of the Weld County Code.
The applicant reached out to the City of Brighton to discuss annexation per their referral request with a
video conference meeting held on Monday January 30, 2023.
B. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to serve the
uses permitted within the proposed zone district.
The site is currently served via a permitted Division of Water Resources, Well Permit # 152851-A. The
well produces from the South Platte River alluvium and is permitted for ordinary household purposes
inside three (3) single-family dwellings, the watering of domestic animals, and the irrigation of not more than
10,000 square -feet of home gardens and lawns. As permitted, the well cannot be used for industrial and
COZ22-0013 Sasaki
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commercial uses. The well must be re -permitted and covered by a court -approved augmentation plan
before it can be used for commercial and industrial uses as stated in the November 29, 2022, Division of
Water Resources referral. The site uses onsite wastewater treatment for sewage disposal, permit
#G19900015. The Department of Public Health and Environment in the December 19, 2022, referral
response expressed that a commercially permitted well and OWTS will be required when an industrial use
is established on the parcel. The City of Brighton referral dated December 16, 2022, stated "The City of
Brighton has utilities in the area and services can be expected to be provided by the city. The proposal
would allow for urban development, and we find that this is best accomplished within the City Limits of
Brighton." Furthermore, Chapter 22, Article II, Section 22-2-30.B.1 states "Encourage annexation of
urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits
are strongly discouraged. Property owners who want to rezone or subdivide their property are
encouraged to contact the municipality about annexation". Further, Section 22-2-30.B.2 states "Urban
scale development shall only be placed where urban services, including public water, are available".
The City of Brighton in their referral acknowledges the ability to provide urban services to this property.
The Weld County Comprehensive Plan supports urban scale development as permitted within three (3)
miles of a municipal boundary or within a Coordinated Planning Area (CPA). Urban scale
developments require a public water source, internal paved roads, common open space and storm
drainage. Urban scale commercial and industrial developments require public or private sewer systems
(Onsite Wastewater Treatment Systems). This parcel does not have a viable water supply for
commercial or industrial development.
The proposed Change of Zone application for this property, at this location, does not support the land use goals
and objectives of the adopted 2020 Comprehensive Plan as this property has the opportunity and ability to pursue
annexation into the City of Brighton
This recommendation for denial 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.
Should the Board of County Commissioners approve this Change of Zone from the A (Agricultural) Zone District
to the 1-3 (Heavy Industrial) Zone District be granted, the approval shall be conditional on the following:
1. Prior to recording the plat:
A. The property owner or the property owner's representative shall submit a NCU application to designate the
non -conforming use of a structure to allow the temporary residential use to remain until the current
occupant vacates the property, for review and acceptance by the Department of Planning Services.
(Department of Planning Services)
B. The applicant shall address the requirements the Colorado Division of Water Resources, as stated in the
referral response dated November 29, 2022. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the requirements of the City of Brighton, as stated in the referral response
dated December 16, 2022. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0013. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.D of the Weld County Code. (Department of Planning
Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services)
COZ22-0013 Sasaki
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4. This portion of North Main Street is under the jurisdiction of the City of Brighton. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved
access(es) on the plat and label with the approved access permit number if applicable. (Development
Review)
5. Show the approved City of Brighton access point(s) on the plat and label with the approved access
permit number, if applicable. (Development Review)
6. The applicant shall either submit a copy of an agreement with the property's mineral leasehold owner,
Noble Energy Inc., stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral leasehold owner — Noble Energy Inc. The plat shall be amended to include
any possible future drilling sites and/or setbacks. (Department of Planning Services)
7. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ22-0013, allows for 1-3 (Heavy Industrial) uses which shall comply with
the 1-3 (Heavy Industrial) Zone District requirements as set forth in Chapter 23, Article III Division
4 of the Weld County Code, as amended. (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 1919 single family residence, designated as a non -conforming use of a structure to allow the
temporary residential use to remain until the current occupant vacates the property. Upon vacation
by the current occupant, the residence may not be utilized in any capacity. (Department of Planning
Services)
4) Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. 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 Chapter 29 of the Weld County Code. A plan review shall be approved, and a
permit must be issued prior to the start of construction. (Department of Building Inspection)
5) 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)
6) 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)
7) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (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 an appropriately permitted well. The well on property cannot
be used for industrial and commercial uses. The well must be re -permitted and covered by a
court -approved augmentation plan before it can be used for commercial and industrial uses.
(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 designed in accordance with the regulations of the
COZ22-0013 Sasaki
Page 6
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) 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)
13) 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.
2. 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. The plat shall
be prepared in accordance with the requirements of Section 23-2-50. D. of the Weld County Code.
3. Upon approval of the plat, Condition of Approval 3. above, the applicant shall submit to the Department of
Planning Services 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 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. 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.
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 Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required one -hundred -twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional 3 -
month period.
COZ22-0013 Sasaki
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January 16, 2023
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
Winter Jim
865 North Albion Street Suite 400
Denver, CO 80220
Subject: COZ22-0013 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
LOT A 2ND CORR RE -3362, BEING PART OF THE NE4 SECTION 30, Ti N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 07, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 22,
2023 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://accela-
aca.co.weld.co.us/CitizenAccess
Respefully,
Kim le
Planner
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