HomeMy WebLinkAbout20230477.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0013, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT -
SASAKI FAMILY HOLDINGS, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was scheduled for the 22nd day of February, 2023, at
10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of
Sasaki Family Holdings, LLC, 1821 County Road 27, Brighton, Colorado 80603, c/o NGL Water
Solutions DJ, LLC, 865 North Albion Street, Suite 440, Denver, Colorado 80220, requesting a
Change of Zone, COZ22-0013, from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District for a parcel of land located on the following described real estate, to -wit:
Lot A of 2nd Corrected Recorded Exemption,
RE -3362; being part of the NE1/4 of Section 30,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on February 22, 2023, the Weld County Offices were closed due to inclement
weather conditions and the hearing was moved to the following Wednesday, March 1, 2023, per
the updated and published Agenda, and
WHEREAS, the applicant was represented by Bob Choate, Coan, Payton and Payne,
LLC, 103 West Mountain Avenue, Suite 200, Fort Collins, Colorado 80524, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.6.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-30.6.1 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
Cc:pLcrP/MN/KOCA000
APPL., APPS. REP. ' 2023-0477
PL2861
4896049 Pages: 1 of 9
05/03/2023 10.23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
INF1UItlill liNi Idittirii6I,,Iih l i'iYid 1I II1 05/to /23
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 2
rezone or subdivide their property are encouraged to contact the
municipality about annexation." The referral from the City of
Brighton indicates urban services are available in close proximity to
this subject site. The applicant reached out to the City of Brighton
to discuss annexation; however, they do not wish to annex with the
City of Brighton as they do not believe it is economically feasible to
bring the utilities to the parcel or practicably feasible as the City of
Brighton's zoning is not conducive with the uses that are
appropriate for this property. Furthermore, there is not a
Coordinated Planning Agreement (CPA) in place between Weld
County and the City of Brighton, but the site is located within
three (3) miles of a municipal boundary, making the rezoning
appropriate per Section 22-4-10.C.2.
2) Section 22-4-10.B — The property is located within a designated
Opportunity Zone, as defined in the Weld County Code, and as
delineated on the Comprehensive Plan Map. The criteria states
zone changes to I (Industrial) are preferred in locations within
one-half (1/2) mile of U.S. highways - the property is located within
this distance (to the east) of U.S. Highway 85; within one -quarter
(1/4) mile of railroads - the property is located within this distance
(to the west) of the of the Union Pacific RR mainline track; and
within 1/2 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. Although
development requiring rezoning is discouraged within 1/4 mile of
any municipality, as expressed in Section 22-4-10.C.1 of the Weld
County Code, the Board finds the site meets the criteria for an
Opportunity Zone and notes that while rezoning is discouraged, it is
not prohibited within 1/4 mile of a municipality.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. Surrounding lands are being utilized for either
permanent or temporary commercial and industrial uses adjacent to, or in
the near vicinity of, the proposed Change of Zone. Notice was sent to
nine (9) surrounding properties and no responses were received regarding
the proposal.
The City of Brighton, in its referral dated December 16, 2022, opposed the
rezoning proposal and requested a Preliminary Application Conference to
discuss annexation and development within the City of Brighton. The
applicant met with the City of Brighton and determined annexation could
possibly impede the applicant from developing the site to be compatible
with surrounding land uses. The Brighton Land Use Guidance Map (2016)
designates the area for Employment -Industrial land use to encourage the
land be retained for a mix of offices, flex -office, and light industrial uses,
4896049 Pages: 2 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
2023-0477
PL2861
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 3
such as regional headquarters for energy companies. Further east of Main
Street the designation changes to Industrial to accommodate heavier
industries such as manufacturing and outdoor assembly and storage in
closer proximity to rail. Despite the City of Brighton's designation for the
area, the Board finds 1-3 (Heavy Industrial) zoning is appropriate for this
area given the surrounding uses.
The subject property 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 Weld County and the City of Fort
Lupton, which afford for mutual planning efforts. The development is located
within a Weld County Opportunity Zone, per the Comprehensive Plan. The
Weld County Oil and Gas Energy Department (OGED), in their referral
dated December 9, 2022, stated no conflicts with the proposed activity.
The Brighton Fire Rescue District also expressed no concerns in their
referral, dated December 6, 2022. 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.
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The site is currently served via 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 or 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 Division of Water Resources referral, November 29, 2022.
The site uses OWTS for sewage disposal, via Permit #G19900015. The
Department of Public Health and Environment, in their 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 it has utilities in the
4896049 Pages: 3 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111
2023-0477
PL2861
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 4
area and services can be expected to be provided, and because the proposal
would allow for urban development, they believe this is best accomplished
within the City Limits of Brighton. The applicant met with the City of Brighton
and determined annexation, for the purpose of providing water to the site,
would be cost prohibitive.
D. Section 23-2-40.6.4 - 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 the adjacent right-of-way had been annexed.
1) Section 23-3-330 states: "... Properties zoned 1-3 (Heavy Industrial)
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 23-2-40.B.5 — In those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:
1) Section 23-2-40.6.5.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.
2) Section 23-2-40.B.5.b — The proposed rezoning will not permit the
use of any area known to contain a commercial mineral deposit in
a manner which would interfere with the present or future extraction
of such deposit by an extractor to any greater extent than under the
present zoning of the property. The Earth Engineering Consultants,
LLC, Geologic Hazards and Mineral Extraction Report, dated
August 11, 2022, submitted with the application indicates sand and
gravel deposits may be located onsite; however, the mineral
resources do not appear as an economic resource given the size of
the property. No other potential geologic hazards were identified.
3) Section 23-2-40.6.5.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
4896049 Pages: 4 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
iii I ��II WuWl�l'I I iM.�1rli� R'I V 'E Ifi'�Il�h 11111
2023-0477
PL2861
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 5
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 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sasaki Family Holdings, LLC, c/o NGL Water Solutions
DJ, LLC, for a Change of Zone, COZ22-0013, from the A (Agricultural) Zone District to the
1-3 (Heavy Industrial) Zone District on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the plat:
A. The property owner or the property owner's representative shall submit a
Non -Conforming Use 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.
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.
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.
D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ22-0013.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat.
4896049 Pages: 5 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ell Itir0111litiE 14'IL441141 N Al DK litilirllIklOiaii BIM
2023-0477
PL2861
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 6
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.
5) The applicant shall show the approved City of Brighton access
point(s) on the plat and label with the approved Access Permit
number, if applicable.
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. The plat shall be amended to include any possible
future drilling sites and/or setbacks.
E. The following notes shall be delineated on the Change of Zone plat:
1) 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.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) The 1919 single family residence is 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.
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 have 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.
4896049 Pages: 6 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII !YEW IfkIiiiiiiECL*Llkri'dF'itiI 1I II
2023-0477
PL2861
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 7
5) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
the County Facility Fee, and Drainage Impact Fee Programs.
6) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
7) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Water service may be obtained from an appropriately permitted
well. The well on the property cannot be used for industrial and
commercial uses.
10) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an 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.
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.
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.
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
4896049 Pages: 7 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIII ArelPMN YjillitiiIMAI *IN ail N'IKIIItiYIYk BIM
2023-0477
PL2861
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 8
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. Oftentimes, 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 Condition of Approval #1 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 #2 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 the Department
of Planning Services. The Mylar plat and additional requirements shall be
submitted within 120 days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
4. 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 120 days of the date of the approval of the
Change of Zone, 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 Change of Zone 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 Change of Zone
cannot be met, the Board may, after a public hearing, revoke the Change of Zone.
6. In accordance with Appendix 5-J of the Weld County Code, should the plat not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4896049 Pages: 8 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
lIII 1 rjlil 7 II4 L4:M 01.C1i4iAl NMI liNilik Ilk 11111
2023-0477
PL2861
CHANGE OF ZONE (COZ22-0013) - SASAKI FAMILY HOLDINGS, LLC,
C/O NGL WATER SOLUTIONS DJ, LLC
PAGE 9
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dl ..z:ei
Weld County Clerk to the,Board
BY:
APP
County Atto ey
Nf
Date of signature: 05 /ol /23
4896049 Pages: 9 of 9
05/03/2023 10:23 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
11111
Mik eman, Chair
erry B : , Pro-Tem
Scott K. James
evin D. Ross
Lori Sai
2023-0477
PL2861
Hello