HomeMy WebLinkAbout20232218.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ23-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT -
ROBERT L. SELTZER FAMILY TRUST, C/O JACK SELTZER, TRUSTEE,
C/O BRIGHTON OUTDOOR STORAGE
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 held on the 9th day of August, 2023, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Robert L. Seltzer Family
Trust, do Jack Seltzer, Trustee, 33641 County Road 83, Briggsdale, Colorado 80611,
do Brighton Outdoor Storage, 540 Main Street, Unit 218-332, Windsor, Colorado 80550,
requesting a Change of Zone, COZ23-0002, from the A (Agricultural) Zone District to the
C-3 (Business Commercial) Zone District for a parcel of land located on the following described
real estate, to -wit:
Lot A of Recorded Exemption, RECX13-0054; being
part of the SW114 of Section 34 Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by Bob Choate, Coan, Payton
and Payne, LLC, 1711 61st Avenue, Suite 100, Greeley, Colorado 80634, 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.B.1 — The proposal is consistent with Chapter 22
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-30.B states: "Locate urban development in urban
areas" and 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." The
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Carly Koppel, Clerk and Recorder, Weld County , CO
cc: PL(wiliwIDAAtv)) CA(K4)
APPS., APPL. REP
0ol /21(23
2023-2218
PL2880
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
CIO JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 2
property is located more than one -quarter (1/4) mile from the
municipal limits of the nearest municipality, which is approximately
one (1) mile from the property.
2) Section 22-2-30.B.2 states: "Urban -scale development shall only be
placed where urban services, including public water, are available."
The property is currently served by the Todd Creek Metropolitan
District, via water tap #4314001.
3) 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 (1/2) mile of an intersection of a collector and an
arterial road.
4) Section 22-2-10.B 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 (USR12-0022) since
2012. The RV storage area encompasses about 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.
5) Section 22-4-10.B, 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. The property is located within
one-half (1/2) mile of the intersection of County Road (CR) 2 and
CR 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.
6) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The properties 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 CR 19 and extend east
along the north and south boundary for a short distance. Any future
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Carly Koppel, Clerk and Recorder, Weld County , CO
1111 Pahl II
2023-2218
PL2880
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
C/O JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 3
outdoor storage will be required to be screened with an opaque
fence.
B. Section 23-2-40.6.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The adjacent surrounding lands are all zoned
A (Agricultural) and all, except the properties to the west of County Road
19, are owned by the Robert L. Seltzer Family Trust, the owner of the
subject property. The land uses west of and adjacent to CR 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 (COZ22-0010), approximately
500 feet south of the site, with no development currently on the site.
There are 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 are all for 24 -inch natural gas pipelines. Amended USR-256,
USR21-0017, and USR18-0053 are 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, for a contractor
shop; USR17-0032, for a 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, dated April 13, 2023,
and April 11, 2023, respectively, stating no concerns. Adams County
submitted referral agency comments, dated May 4, 2023, stating no
concerns. The current land use on the south side of CR 2 (168th Avenue)
is a well pad with about 30 wells, via Adam's County case numbers
USR2018-00002, USR2022-00007 and USR2022-00009. Additionally, the
Pioneer Water Pipeline, via Adam's County case number 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 (SPOs) within 500 feet of the subject
parcel and two (2) letters of support were received.
The site is in a Weld County Opportunity Zone, which is a preferred site for
rezoning to commercial and industrial. The RV storage facility occupies
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII 'Wilk II II
2023-2218
PL2880
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
C/O JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 4
about 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 processes, also sent to SPOs 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. Section 23-2-40.6.3 — 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 the Todd Creek Village Metropolitan
District, which 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 23-2-40.B.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, CR 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), CR 19 is considered an arterial road.
Yosemite Street in Adams County is south of CR 2 but offset to the east by
about 450 feet. The parcel has a permitted, commercial access point onto
CR 19, via permit #AP12-00370.
E. Section 23-2-40.6.5 — 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, 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 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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
lIII MrAllilhillallElilifi4lvdWIC%1t 10(tIll II III
2023-2218
PL2880
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
C/O JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 5
2) Section 23-2-30.A.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 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, submitted in the application
materials, from Earth Engineering Consultants, LLC, dated
January 23, 2023, stated no sources of critical minerals are inferred
at the site and no significant resources of sand and gravel exist
below ground surface.
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, prior to the
development of the property. 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 building to identify existing subsurface
conditions. Pre -mitigation radon control methods, such as sub -slab
piping, as well as radon tests should be considered.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert L. Seltzer Family Trust, c/o Jack Seltzer, Trustee,
c/o Brighton Outdoor Storage, for a Change of Zone, COZ23-0002, from the A (Agricultural) Zone
District to the C-3 (Business Commercial) 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 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.
B. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled COZ23-0002.
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Carly Koppes, Clerk and Recorder, Weld County , CO
um Eirdi hytivil lotailiwinifir.rifik 1i4A BIM
2023-2218
PL2880
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
C/O JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 6
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 delineated on
the plat by book and page number or Reception number.
4) 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 the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
plat. 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 Section 23-1-90, the required setback is measured
from the future right-of-way line. This road is maintained by Weld
County.
5) The applicant shall show and label the existing access point onto
County Road 19 and the usage type (Commercial).
D. 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.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) 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.
5) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
2023-2218
PL2880
VIII IIPAIMII INNII:IikilM'ri1 I'MiWild ii II
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
C/O JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 7
7) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit, prior to commencement.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Water service may be obtained from the Todd Creek Village
Metropolitan District.
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.
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) 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
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 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,
or an Open Hole Inspection shall be required. A Building Permit
must be issued prior to the start of construction.
13) 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.
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
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Carly Koppes, Clerk and Recorder, Weld County , CO
2023-2218
PL2880
1111 W' 11111
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
C/O JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 8
property comply with the Conditions of Approval stated herein and
all applicable Weld County regulations
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. 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. 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. 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 120 days from
the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. If a plat has not been recorded within 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.
4. 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 three (3) month period.
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII Kl4Ytri lahIigJM L rM�� Y4yti RI II
2023-2218
PL2880
CHANGE OF ZONE (COZ23-0002) - ROBERT L. SELTZER FAMILY TRUST,
C/O JACK SELTZER, TRUSTEE, C/O BRIGHTON OUTDOOR STORAGE
PAGE 9
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dideoL)
C.1 ...d.:4
Weld County Clerk to the Board
BY:VA.LCPiH .dlU(.0tlL
Deputy Clerk to the Board
ounty Attorney
Date of signature: � I z' c z
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iiiiii[rahcliikkeal'allateill4I'llid
unty COd l4I'llid 11111
Mike F -eman, Chair
ii,W
L. Buc ro-Tem
Scott K.
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aine
2023-2218
PL2880
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