HomeMy WebLinkAbout20220604.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0009, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - NATE AND
MELISSA HUNT, C/O CKG INCORPORATED
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 23rd day of February, 2022, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Nate and Melissa Hunt,
c/o CKG Incorporated, 15509 County Road 4, Brighton, Colorado 80603, requesting a Change of
Zone, COZ21-0009, from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone
District for a parcel of land located on the following described real estate, to -wit:
Being part of the S1/2 SW1 /4 NW1 /4 SE1 /4 and the
W1/2 SW1/4 SE1/4 of Section 27, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Chad Goens, 15281 Wagon Wheel Drive,
Brighton, Colorado 80603, 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:
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 23-2-30.A.1 — The proposal is consistent with Chapter 22 of the
Weld County Code, in part.
1) Section 22-2-30.B — states: "Locate urban development in urban
areas." The site is located within the three (3) mile referral area of
the City of Brighton, the Town of Lochbuie and the City of Fort
Lupton. Per the Weld County Comprehensive Plan, the site is
located in the Brighton Annexation area. The applicant discussed
annexation with the City of Brighton and, per the applicant, they
stated that they have no intention of annexing this facility. The
proposed Change of Zone is located on a property that is adjacent
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to a RV Storage facility (USR14-0018), which was approved in
2014, when RV storage facilities were allowed in the A (Agricultural)
Zone District using Use by Special Review permits. Prior to the
property being developed a Site Plan Review will be required.
During the review of the Site Plan Review, mitigation measures,
such as screening and landscaping, will be required.
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. The proposed rezoning is compatible with the
existing adjacent zoning in the area. The uses include a large power
substation (USR-1 711), now annexed into the City of Brighton. The existing
RV and boat storage facility (USR14-0018) is east of and adjacent to the
site. The property to the west has one (1) single-family home and an oil and
gas tank battery and this property is a full quarter section (160 acres) in
size. The uses to the south of the property include the Royal Meat
Company slaughterhouse and vacant land, all annexed in the City of
Brighton. Corbin Kidder Subdivision, Reception #3361211, recorded
February 7, 2006, is located to the southwest of the site. This subdivision
is not fully built out and the parcels that are closest to the subject property
are currently vacant. The Corbin Kidder Subdivision is a residential
subdivision with lots approximately 2.5 acres in size and is annexed into
the City of Brighton. Even though the City of Brighton does not have an
Intergovernmental Agreement with Weld County they still submitted a
Notice of Inquiry form, dated July 29, 2021, that indicated, "The proposed
use does not comply with the City of Brighton's Comprehensive Plan. This
use should go in an industrial zone." Future industrial uses will have to be
approved through a Site Plan Review or Use by Special Review process,
which includes sending applications to referral agencies and surrounding
property owners for comments. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any
future Site Plan Reviews or Use by Special Review permits will adequately
address and mitigate potential impacts. Based on the existing uses in the
vicinity, a Change of Zone to 1-2 (Medium 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. Water is currently provided by a well permitted by the Colorado
Division of Water Resources (Division). In their referral agency comments
dated November 9, 2021, the Division stated the well cannot be used to
serve a commercial business. If the applicant intends to use the well to
provide water to the commercial business, well permits allowing such use
must first be obtained. Additionally, the Division stated the permitted
location of well #28890 does not place the well on the subject property. The
applicant should file an application for Well Location Amendment (form
GWS-42) with the Division's office to correct the well location. According to
the referral agency comments received from the Department of Public
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Health and Environment, dated November 16, 2021, there are two (2)
residences on the subject property. The residence, constructed in 2011, is
served by a domestic well permitted as #288990 and an On -site
Wastewater Treatment System (OWTS) permitted for three (3) bedrooms
(SP -1200212). The well permitted as #288990 cancelled Permit #57284,
per item nine (9) of Permit #288990. The residence, constructed in 1973,
is served by a domestic well permitted as #10498 and an OWTS permitted
for three (3) bedrooms (G-19721103).
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are not adequate in size to meet the requirements of the proposed
zone districts. The applicant is proposing to access off of County Road 4.
Per the Development Review referral dated November 19, 2021, this
portion of County Road 4 is under the jurisdiction of the City of Brighton
and the applicant should contact the City of Brighton concerning access.
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.B.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
is not located within any overlay district officially adopted by the
County, including A -P (Airport) Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Special Flood Hazard Area, Historic Townsite Overlay District
or the Agricultural Heritage Overlay District boundary.
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 Mineral and Aggregate
Evaluation from Northern Colorado Geotech, dated October 8,
2021, submitted with the application indicates the surface sand soil
extends to depths of greater than ten (10) feet. Additionally, the
report states that due to the small footprint of the site (25 acres)
there are no economic deposits of sand or gravel at the site and
that the property does not contain economic deposits of aggregate,
quarry rock or minerals. Finally, the report states the presence of
oil/gas wells on adjacent properties indicate that reserves of oil and
gas are present at significant depths below the surface and are
already being extracted. Provided necessary setbacks are
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maintained, the presence of the current oil and gas operation at the
site should have no impact on the Change of Zone.
3) Section 23-2-40.B.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 Mineral and Aggregate
Evaluation from Northern Colorado Geotech, dated October 8,
2021, submitted with the application also considered soils, which
are mostly Valent sand and Vona loamy sand, which has rapid
permeability, slow surface runoff and low erosion hazard. This soil
has fair potential for urban development with the primary limiting
feature as the potential for soil blowing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Nate and Melissa Hunt, c/o CKG Incorporated, for a
Change of Zone, COZ21-0009, from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District on the above referenced parcel of land be, and hereby is, granted subject
to the following conditions:
Prior to recording the plat:
A. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response dated November 9,
2Q21. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ21-0009.
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.
4) This portion of County Road 4 is under the jurisdiction of the Town
of Brighton. Please contact the municipality to verify the
right-of-way. The applicant shall show and label the right-of-way
and the approved access(es) on the site plan and label with the
approved Access Permit number, if applicable.
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C. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ21-0009, allows for 1-2 (Medium Industrial)
uses, which shall comply with the requirements set forth in Chapter
23, Article III, Division 4 of the Weld County Code.
2) The operation shall comply with all applicable rules and regulations
of state and federal agencies and the Weld County Code.
3) Any future structures or uses onsite must obtain approval through
a Site Plan Review or Use by Special Review permit.
4) The manufactured home may be used as living quarters for a
caretaker or security personnel responsible for maintaining or
guarding the property, in accordance with Section 23-3-320.E.1 of
the weld County Code.
5) 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.
6) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
7) The historical flow patterns and runoff amounts will be maintained
on the site.
8) Water service may be obtained from an appropriately permitted
wel.
9) 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 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.
10) 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.
11) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee Impact,
the County Facility Fee, and Drainage Impact Fee Programs.
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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 plat notes
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
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 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 and 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 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 (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
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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 2012-3 approved April 30, 2012,
should the plat not be recorded within the required 120 days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of February, A.D., 2022.
ATTEST: W ��►.f _; I,
Weld County Clerk to the Board
B!L)1/t/Lz
eputy Clerk to the Board
unty
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
c t K. James, Chair
an,
L.
Moreno
Lori Saine
2022-0604
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