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Home My WebLink About20230490.tiffHEARING CERTIFICATION DOCKET NO. 2023-18 RE: 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 A public hearing was conducted on March 1, 2023, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Kim Ogle Department of Public Health and Environment representative, Lauren Light The following business was transacted: El i I hereby certify that pursuant to a notice dated January 23, 2023, and duly published January 25, 2023, in the Greeley Tribune, a public hearing was scheduled for February 22, 2023, and rescheduled due to inclement weather and closure of County Offices. On March 1, 2023, a hearing was conducted to consider the request 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. Karin McDougal, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, being a Change of Zone (COZ) from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone, for approximately 3.83 acres, and described its location. He stated the site is within the three (3) mile referral area of the Cities of Brighton and Fort Lupton, described the surrounding land uses, explained the majority are in the A (Agricultural) Zone District and permitted through a Use by Special Review permit, with uses that are typically associated with gravel mining along the South Platte River corridor. Mr. Ogle shared the City of Brighton, in the referral dated December 16, 2022, indicated the property is within their Growth Boundary, adjacent right-of-way has been annexed, and requested the City's standards, such as architecture, buffering, and screening should be applied to the development, as site development will impact the City's residents and businesses directly. Additionally, they requested the applicant reach out to schedule a Preliminary Application Conference to discuss annexation and development. He shared, per the Development Review staff, access to the site is from North Main Street, which is a paved roadway under the jurisdiction of the City of Brighton, and is considered adequate for a COZ. He stated the City of Fort Lupton did not return the referral request. Mr. Ogle described the adjacent lands to the west being 1-3 (Heavy Industrial) and, if developed, will be utilized for an industrial use. He stated the land north and south of County Road (CR) 6 have been annexed by the City cc: PL(TP/MN/Ko) 05/10/23 2023-0490 PL2861 HEARING CERTIFICATION - SASAKI FAMILY HOLDINGS, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (COZ22-0013) PAGE 2 of Brighton and contain a large industrial complex east of the rail corridor. Mr. Ogle further stated the property south and on the west side of County Road 27 is utilized by an industrial manufacturer, and future industrial use of the property is in harmony with the majority of the surrounding land uses. He stated the property is located within the Growth Management Area of the City of Brighton, and the Brighton Land Use Guidance Map of 2016, designates the area for Employment Industrial Land Use, to encourage that the land be retained for a mix of offices, flex -office, and light industrial uses such as regional headquarters for energy companies. He indicated, further east of Main Street, the designation changes to Industrial, to accommodate heavier industries. He stated the City of Brighton's Future Land Use Maps designates the area as Regional Job, creating employment uses such as regional and corporate headquarters, light industrial uses that create less noise, traffic, smoke, and other industrial uses, not situated away from residential uses, suitable adjacent to the U.S. Highway 85 corridor. He explained transportation infrastructure should support heavy truck traffic, and the site is located within a Weld County Opportunity Zone, on the Comprehensive Plan Map, which is in an area where annexation with a municipality is encouraged, per Section 22-2-30.B.1 of the Weld County Code. He relayed the Planning Commission found the applicant has met the five (5) criteria outlined for a Change of Zone, citing specifically Section 23-2-30.A.1 (the proposal is consistent with Chapter 22 of the Code), and Section 23-2-30.A.3 (adequate water and sewer can be made available to the site). He stated the site is currently served under Division of Water Resources, Well Permit #152851-A; however, said permit is for residential use only. He referenced the City of Brighton's referral, which stated they have utilities in the area, services can be expected to be provided by the City, and they are able to provide the quality, quantity, and dependability of a potable water source for any future use on the property. Mr. Ogle entered the favorable recommendation of the Planning Commission into the record as written, and described their specific findings. He displayed images of the site and surrounding views and, in response to Commissioner Saine, Mr. Ogle confirmed Weld County does not have a Coordinated Planning Agreement (CPA) with the City of Brighton. In response to Commissioner Buck, Mr. Ogle explained employment industrial use is more of a light industrial use. Lauren Light, Department of Public Health and Environment, stated the existing residence is served by an individual, domestic well, and they have a septic system that is permitted for four (4) bedrooms. She explained, once a commercial use is established on the property, a commercially permitted well would be required, and depending on the use, the septic system may have to be enlarged, after review by an Engineer, which would occur during the Site Plan Review process. She further explained Environmental Health recommended several notes related to water and sewer for the COZ and there are no outstanding issues with the request. Commissioner James questioned the determination method of "adequate", and Mr. Ogle explained since there is currently not a defined use, the existing well permit on the property is domestic, for residential purposes only. Additionally, the referral from the Division of Water Resources stated a Court Appointed Augmentation Plan and water supplier will have to be applied for, which cannot be accomplished at the current time, thus an adequate water supply cannot be determined at the present time. El Bob Choate, Attorney with Coan, Payton and Payne, LLC, represented the applicant and stated NGL Water Solutions DJ, LLC (NGL) has a contract to purchase the property, they own the adjacent properties to the west and south of the subject site, and there will be commercially 2023-0490 PL2861 HEARING CERTIFICATION - SASAKI FAMILY HOLDINGS, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (COZ22-0013) PAGE 3 accessible and usable water available to the property. He described the size of the property and the area surrounding the property, stating it is a highly industrial area. He asserted, notwithstanding the staff recommendation for denial, based partially on compatibility, it is agreed this is the most appropriate place for 1-3 zoning. He depicted, on a slide, the area is covered in industrial development, including oil and gas support and service, gravel mining, commercial and utilities, and pointed out the strip between Business Highway 85 and U.S. Highway 85 is almost entirely 1-3 (Industrial) zoning, and the remaining portions are Industrial in the City of Brighton. Mr. Choate explained the issue with the application has been water and compatibility with the Comprehensive Plan, and recognized it is discouraged to approve a rezoning within 0.25 mile of a municipality. He explained the applicant spoke to the City of Brighton regarding annexation, but the applicant determined annexation is not practical, notwithstanding the fact the city can provide urban level services, including water, which is cost prohibitive for a parcel of this size. He stated, more importantly is the Zoning Analysis, and questioned whether it would be spot zoning since everything is either a USR for Oil and Gas Support and Service or 1-3 zoning. Mr. Choate explained the requirement of annexation into a municipality, which will be cost prohibitive and impede the ability for future uses due to the size of the property. He explained there is currently no development proposed for the property, and won't be for years, as the purchase of the property is subject to a Life Estate, and there is no plan for what the proposed Use will be. He described hypothetical future uses, asserted annexation will preclude the property from being developed in harmony with the surrounding property NGL owns, as well as the remaining properties zoned 1-3 throughout the corridor. He explained the Comprehensive Plan allows the Board to state the criteria has been met, even if it is found the zoning is faulty or changing conditions in the area warrant the COZ. He stated this property was zoned A (Agricultural) in the early 1960s, and, since that time, this area has developed with predominantly industrial uses. Mr. Choate explained the applicant does not plan to re -permit the existing well, rather, they will drill a new commercial well into the Laramie-Foxhill Aquifer, for which there is already a permit in process on NGL's existing property. He explained a Well Sharing Agreement with the well next door, owned by NGL, is a high probability and reiterated it is not practical for the property to be annexed into the City of Brighton. He asserted the current zoning is faulty, based on changing conditions in the area, and requested the Board accept the recommendation from the Planning Commission and approve this COZ application. In response to Commissioner Saine, Mr. Choate clarified a Well Sharing Agreement is not necessary ahead of approval, given NGL owns both properties. He further stated the City of Brighton does not have the water rights to serve the subject site and the applicant would have to purchase the water rights and then turn around and dedicate them to the City. Lastly, he presented a Zoning Analysis. =i' Mike Tylka, City of Brighton Assistant Director of Community Development, shared he believes the Planning Commission made their recommendation based on misrepresentations made by the applicant. He explained the City believes annexation to be feasible, as the site is directly adjacent to City limits, and, although the applicant stated the cost of bringing water to the property was $750,000.00, including water dedication, City staff believes the cost to tap into water would only be ten percent (10%) of the quoted cost, based on comparable properties. He stated the city has tappable water and sewer adjacent to the subject site, as well as infrastructure through the corridor, in anticipation of urban growth, including light industrial. He explained the City has jurisdiction over Main Street, adjacent to the property, is better equipped for the applicant to connect into the roadway, via annexation, and City Staff disagrees with the spot zoning statement 2023-0490 PL2861 HEARING CERTIFICATION - SASAKI FAMILY HOLDINGS, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (COZ22-0013) PAGE 4 made by the applicant. He discussed the potential of the Brighton Trail corridor being halted if the applicant chooses not to annex. In response to Chair Freeman, Mr. Tylka agreed it is the decision of the landowners whether or not to annex. Responding to Commissioner James, Mr. Tylka blamed the lack of a CPA between the City of Brighton and Weld County on staffing issues, and confirmed there is a development fee for the trail system. Commissioner Saine requested the City of Brighton initiate work with the Weld County Department of Planning Services to enter into a CPA to ensure mutual planning efforts in the future. Chair Freeman reiterated the existence of a CPA does not force annexation, rather, it provides the opportunity for applicants to apply for annexation if they so choose. Ei Mr. Choate explained the $750,000.00 was the estimated cost to connect to municipal utilities, based on the incorrect understanding that the closest utility was in CR 6; however, understanding that utilities are located within the Business Highway 85 right-of-way would lower the estimated cost to approximately $400,000.00, including water dedication and infrastructure fees. He stated NGL made its best attempt to work within the boundaries of what a CPA would address; however, annexation is not economically feasible. In response to Commissioner Saine, Mr. Ogle confirmed staff's recommendation of denial was not based on incompatibility, rather, it was based on the need for water and the site's proximity to town limits. He stated, to his knowledge, there has not been a COZ that was approved without guaranteed water being available. In response to Chair Freeman, Ms. McDougal explained NGL does not currently own the subject site. In response to Commissioner Saine, Mr. Ogle confirmed if the current property owner were to sell to a different buyer, there is not currently a commercial well permitted on the property. Commissioner Ross stated the property and water will remain a residential Use until the death of the owner. Commissioner James stated the proposal is consistent with Section 23-2-40.B.1 (Chapter 22 Comprehensive Plan), the 0.25 -mile proximity to a municipality is "discouraged" not "prohibited", and Section 23-2-40.B.3 (adequate water and sewer service) reads water "can" be made available, but does not give a timeline. Mr. Choate confirmed water can be made available and the applicant is 98% confident the water permit will be approved, with 100% likelihood there will be water available, since NGL is the proposed owner and owns the adjacent property. In response to Commissioner Saine, Chair Freeman explained the proposed owner will be the owner of the neighboring site and would then be capable of providing the water in question. The Board reviewed the Conditions of Approval and accepted the Resolution, as presented. In response to Chair Freeman, Mr. Choate indicated he had, on behalf of the applicant, reviewed, and agreed to abide by, the Conditions of Approval, as presented. IE Commissioner Saine moved to approve the request 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, based on the recommendations of the Planning Commission, with the Conditions of Approval, as presented, and with confirmation of the Planning Commission Findings. Chair Freeman stated the request fully meets the criteria of the Comprehensive Plan, and Commissioner James agreed and stated he believes water can be provided. Commissioner Saine stated there is future opportunity for the applicant to work with the 2023-0490 PL2861 HEARING CERTIFICATION - SASAKI FAMILY HOLDINGS, LLC, C/O NGL WATER SOLUTIONS DJ, LLC (COZ22-0013) PAGE 5 City of Brighton on development. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 12:33 a.m. This Certification was approved on the 15th day of March, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dativ ;6k. Weld County Clerk to the Board BY: i\W eputy Clerk to the Board 7,,tJt Mike Fr-eman, Chair Perry B , k, Pro-Tem Scott . Jam ,r, ,r, Kevin D. Ross Lori Saine 2023-0490 PL2861 ATTENDANCE LIST NAME -LEASE PRINT LEGIBLY AID©tS°S`:'('CtTY, STAT�.Z�P) EMAIL COUNTY OF SPEAKING. ..RESIDENCE (MIT 1-3,2„,L5t," , - 23 5- , ,N'-2- ,a3 l c I t,014,,,,,,, v --e N . -'\ V t,k 0 f f' ►. 2 2:07 ti -s-1-'' s q- e.` o' p (t- CeS t (APc.,(24) , C.4...,y,50,/\\,(6) f, /1.,-0 (CCM VAJ ek() (V 'itly ( _ c-,5 Lityrr , 5)5) - 203 , 3 , 1, CA tdteL �, ,y, ,$), ,.,,,,,,,Leij"� "tlF� tl tl fi U� P ` YlCJt, I C r ! �lJ Gv F r / A 9, G cam ' /1 ° 7 3. irk' Ver `-t" n.,-,-,>, /-//, : Y C'( 9,e,,,,,____,,(,,,,,-.._4-.(7 24 6 (iii 0-EGA/V 0 ec -+ Ay ;- tee ��1V _6,74 , n U. 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