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CHANGE OF ZONE
STAFF COMMENTS
Diana Aungst
COZ23-0002
Robert L. Seltzer Family Trust c/o Jack Seltzer Trustee
33641 County Road 83, Briggsdale, CO 80611
Brighton Outdoor Storage c/o Craig Poulsen
540 Main Street, Unit 218-332, Windsor, CO 80550
312 County Road 19, Brighton, CO 80603
Hearing Date: July 11, 2023
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 SW4 Section 34, T1 N,
R67W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 19 and approximately 890 feet north of County
Road 2
+/- 34.9 acres Parcel No. 1469-34-3-00-005
review of this Change of Zone are listed in Section 23-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Environmental Health Services, referral dated April 13, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated April 10, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Adams County, referral dated May 4, 2023
➢ City of Dacono, referral dated April 11, 2023
➢ City of Northglenn, referral dated April 13, 2023
➢ Colorado Parks and Wildlife, referral dated April 12, 2023
➢ Weld County Sheriff's Office, referral dated April 10, 2023
➢ Weld County Oil and Gas Energy Department, June 6, 2023
➢ Weld County School District RE -8, referral dated April 11, 2023
➢ State of Colorado, Division of Water Resources, referral dated April 25, 2023
➢ Weld County Department of Planning Services — Code Compliance, referral dated April 10, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ City of Brighton
➢ Crestone Peak Resources
➢ Brighton Fire Rescue District
➢ West Adams Conservation District
➢ Colorado Department of Transportation
➢ Todd Creek Village Metropolitan District
COZ23-0002 I Robert L. Seltzer Family Trust
Page 1 of 7
CASE SUMMARY:
The applicant is requesting a Change of Zone from A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District. The parcel is 34.9 acres in size and 15 acres are encompassed by a RV storage
facility approved under USR12-0022. The applicant is proposing to rezone all 34.9 acres.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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
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.
COZ23-0002 I Robert L. Seltzer Family Trust
Page 2 of 7
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 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 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. 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 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.
COZ23-0002 I Robert L. Seltzer Family Trust
Page 3 of 7
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 District (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
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 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 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 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 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
COZ23-0002 I Robert L. Seltzer Family Trust
Page 4 of 7
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.
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)
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)
COZ23-0002 I Robert L. Seltzer Family Trust
Page 5 of 7
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, set up of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings
and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes, 2018 International Energy Code, 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, 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)
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.
COZ23-0002 I Robert L. Seltzer Family Trust
Page 6 of 7
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.
COZ23-0002 I Robert L. Seltzer Family Trust
Page 7 of 7
May 30, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@co.weld.co.us
Phone: (970) 400-3524
Fax: (970) 304-6498
Michael Dente
1142 Judson Street
Longmont, CO 80501
Subject: COZ23-0002 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RECX13-0054; PART SW4 SECTION 34, Ti N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 11, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 9, 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
Respectfully,
Diana Aungst
Planner
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