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LAND USE APPLICATION
STAFF COMMENTS
Angela Snyder Hearing Date:
COZ22-0001
Robert and Sharon Baumgartner, 989 U.S. Highway 85, Brighton, CO 80601
Craig Baumgartner, 989 U.S. Highway 85, Brighton, CO 80601
989 U.S. Highway 85, Brighton, CO 80601
Change of Zone from the A (Agricultural) and the 1-3 (Heavy Industrial) Zone
districts to the 1-3 (Heavy Industrial) Zone District
Part of the N2NE4NW4, Section 31, Township 1 North, Range 66 West of the 61F
P.M., Weld County, Colorado
South of and adjacent to vacated County Road 4 right-of-way, approximately 510 -
feet west of U.S. Highway 85
± 18 acres Parcel #s: 1471-31-2-00-097
1471-31-2-00-098
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
March 1, 2022
• Weld County Department of Planning Services Development Review, referral dated January 14,
2022
• Weld County Department of Planning Services — Floodplain, referral dated January 19, 2022
• Weld County Department of Public Health and Environment, referral dated January 26, 2022
Without Comment:
• Adams County, referral dated January 21, 2022
• Colorado Geological Survey, referral dated February 10, 2022
• Weld County Zoning Compliance, referral dated January 14, 2022
• Colorado Division of Water Resources, referral dated January 19, 2022
The Department of Planning Services' staff has not received responses from:
• City of Brighton
• History Colorado
• City of Fort Lupton
• Weld County Assessor
• Colorado Parks and Wildlife
• US Army Corps of Engineers
• Brighton Fire Protection District
• West Adams Conservation District
• Colorado Division of Transportation
COZ22-0001
Page 1 of 8
Narrative
The property owner has requested to resolve a split -zoned property to be zoned entirely to 1-3 (Heavy
Industrial). Potential uses for 1-3 zoned properties can be found in Section 23-3-330 of the Weld
County Code.
The property consists of two parcels and three land use permits. The northeastern corner of the
property is permitted for a truck maintenance business via Site Plan Review SPR-320, recorded
August 2, 2000, reception #2784347. An Improvements Agreement for private road maintenance
associated with the Site Plan Review was recorded August 11, 2000, reception #2786672.
The southeastern corner is permitted for a concrete batch plant via Use by Special Review USR-
1373, recorded August 19, 2002, reception #2979089 (Rocky Mountain Ready Mix).
Most of the property is also encumbered by gravel mining permit USR-905. In 2000, the
Baumgartner's requested the removal of their property from USR-905 as a condition of approval for
SPR-320. The mining operator did not wish to pursue a partial vacation of the USR. Aggregate
Industries has stated that it will not encroach on this property in a letter dated May 2, 2000.as stated
in a letter dated May 2, 2000. The requirement for the partial vacation was dropped.
The two parcels were created as the result of an illegal land division, which split parcel
#147131000081 by deed, recorded January 22, 2003 (signed Dec 27, 2002), reception #3025897.
Combining the parcels prior to recording the change of zone plat is a Condition of Approval.
Alternatively, the applicants may qualify for a Resolution of Illegal Land Division process, in
accordance with Chapter 24, Article XII of the Weld County Code. If this option is taken, the Change
of Zone hearing will need to be postponed until resolved.
The property is currently the site of a multi -tenant industrial warehouse with parking, loading and
service areas for commercial vehicles. Only a designated portion of the property is permitted for
industrial use via SPR-320. There are several commercial vehicles being parked and equipment
being stored in unpermitted areas on the property, including within the floodway of the South Platte
River. Compliance with Weld County Floodplain Ordinance, floodplain permit FHDP-326, and the
proposed site plan will be required prior to recording the site plan amendment.
Site Plan Review SPR-320, will expand the existing use into the area previously zoned A
(Agricultural). Commercial truck parking is taking place throughout the site, including in the floodplain.
An amended site plan, 1AMSPR22-00-320, is being reviewed concurrently with this request and
proposes the addition of another building.
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.
All necessary application materials were found to be complete on January 13, 2022.
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 of the Weld County.
Section 22-2-30.B. Locate urban development in urban areas.
The property is adjacent to the U.S. Highway 85 corridor and is in a Weld County Opportunity
Zone.
COZ22-0001
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Section 22-2-30. C. Harmonize development with surrounding land uses.
The area between Fort Lupton and Brighton along U.S. Highway 85 is densely populated
with industrial uses. The property has been used industrially since 2002, when Site Plan
Review SPR-320 was approved.
Section 22-2-40.A. Support compatible economic development opportunities.
The site is located within a Weld County Opportunity Zone on the Comprehensive Plan Map
and is surrounded by industrial uses, including other trucking, mineral resource facilities and
a salvage yard.
Section 22-2-50.A.2., "Encourage development to locate outside of flood -prone areas to
reduce the loss of life and property."
and
Section 22-2-60.A.1., "Wetlands and critical or unique habitat areas... should be identified in
application materials as potential limiting site factors."
The industrial use of the property should occur in areas outside the floodway. Within the
floodplain, development can occur with a flood hazard development permit in accordance
with the Weld County Floodplain Ordinance, Chapter 23, Article Xl. A No -Rise certificate is
required for development in any areas encumbered by the floodway. Outside storage of
floatable materials is not allowed in the floodplain and will need to be removed prior to
recording the plat.
B. Section 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.
Surrounding land is being used industrially. Notice was sent to twelve (12) surrounding
properties and no responses were received. The property is adjacent to the South Platte
River, which has been adequately incorporated into the site as a protected area. The
Conditions of Approval and Development Standards applied to the existing Use by Special
Review permit, 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 23-2-30.A.3. - Adequate water and sewer service can be made available to the site
to serve the uses permitted within the proposed zone district.
The property uses an industrial well, permit #59948-F and utilizes onsite wastewater
treatment, permit #SP -0000059, for sewage disposal, which is acceptable in the 1-3 Zone
District. The Division of Water Resources, in the January 19, 2022, referral, indicated no
concerns with the Change of Zone or the subsequent site plan amendment.
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.
Staff has reviewed the Weld County Functional Classification Map (Code Appendix 8-Q) to
determine the classification of the street or highway facilities providing access to the site.
Staff has determined that US Highway 85 is adequate in functional classification, width and
structural capacity to meet the potential traffic requirements of Heavy Industrial. The property
accesses U.S. Highway 85 via an easement which follows vacated County Road 4 right-of-
way. That portion of County Road 4 right-of-way between U.S. Highway 85 and the South
Platte River was vacated on May 4, 1988, and recorded on May 10, 1988, reception
COZ22-0001
Page 3 of 8
#2140669. However, the applicant has a nonexclusive license agreement with the County,
signed April 17, 2000, recorded May 8, 2000, reception #2765744, for this same stretch of
County Road 4 for the upgrade and maintenance of "Weld County Right -of -Way." Terms in
the agreement indicate that the road must be open to the public. An Improvements
Agreement for private road maintenance was recorded on August 11, 2000, reception
#2786672, in conjunction with the original site plan review, SPR-320, recorded August 2,
2000, reception #2784347. Therefore, staff finds that the property has adequate access to
public right-of-way.
The Weld County Development Review referral, dated January 14, 2022, included advisory
information about the US 85 Access Control Plan. The Colorado Department of
Transportation did not return a referral response for the Change of Zone but did respond to
the amended site plan review application with items including an updated traffic study that
are being addressed through the Site Plan Review.
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 Department of Planning Services — Floodplain has included advisory information in
the January 18, 2022 referral response. A portion of the property is located within the
South Platte River floodplain, including a large amount of floodway, which has been
adequately accounted for in the current site plan and in the proposed amended site plan.
The site is not in compliance with the proposed plan and several floatable containers are
being stored within the floodway. Prior to recording the plat, the site shall be in
compliance with Floodplain Management Ordinance, found in Chapter 23, Article XI of
the Weld County Code. Enough of the property is located outside the floodplain to
support the change of zone request; however, the river corridor will need to be protected
as the site is developed. The site is not located within the following overlay districts
officially adopted by the County: Geologic Hazard, Agricultural Heritage, Historic
Townsite, MS4, or Airport.
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 Subsurface Investigation Report, dated December 14, 2021, submitted with the
application indicates that no economically viable commercial mineral deposit is present.
No other potential geologic hazards were identified. The report included advisory
comments for development of the vacant areas of the site.
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 Subsurface Investigation Report, dated December 14, 2021, submitted with the
application indicates the presence of sandy clay and sandy silt soils with the water
table being ten (10) feet below ground. No soil limitation was identified.
COZ22-0001
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This recommendation for approval 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) AND THE 1-3 (HEAVY INDUSTRIAL)
ZONE DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON
THE FOLLOWING:
1. Prior to a determination by the Board of County Commissioners:
A. The two parcels shall be re -combined into one legal lot with the following legal
description: THE N2NE4NW4 OF SESTION 21, TOWNSHIP 1 NORTH, RANGE 66
WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, EXCEPT THE EAST 100
FEET THEREOF CONVEYED BY DEED RECORDED OCTOBER 29, 1981, AT
RECEPTION NO. 1873073.
2. Prior to recording the plat:
A. All non-agricultural and floatable materials shall be removed from the 100 -year AE and
AE-Floodway Special Flood Hazard Areas. The applicant shall schedule a final
inspection with the Weld County Floodplain Management Team to confirm compliance.
B. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0001. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50. D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the
Change of Zone plat. (Department of Planning Services)
4. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
5. Show and label a recorded 30 -foot minimum access and utility easement documenting
legal access for the parcel onto State Highway 85 at the shared access point.
(Development Review)
6. Show the approved Colorado Department of Transportation (CDOT) access point on the
plat, the easements to reach this point, and label with the approved access permit
number, if applicable. (Development Review)
7. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along
with the documents creating the right-of-way. (Development Review)
3. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ22-0001, 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. (Department of Planning
Services)
2) The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Planning Services)
COZ22-0001
Page 5 of 8
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
4) 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)
5) 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)
6) A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map # 08123C -2115F dated September 17, 2020
(South Platte River Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including
by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services - Floodplain)
7) Outside storage of floatable materials associated with nonagricultural uses shall not be
allowed. Materials that are not floatable can be stored outside, provided that a floodplain
development permit is obtained. Floatable materials are defined as any material that is not
secured in place that could float offsite during the occurrence of a flood and potentially
cause harm to downstream property owners or that could cause blockage of a culvert,
bridge or other drainage facility. Floatable materials include, but are not limited to, lumber,
vehicles, boats, equipment, drums or other containers or pieces of material that are likely
to float. (Department of Planning Services - Floodplain)
8) Any fencing on the property must allow the flow of floodwaters either through or under the
fence. (Department of Planning Services - Floodplain)
9) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified. (Department of Planning Services - Floodplain)
10) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
11) The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
12) Water service may be obtained from an appropriately permitted well. (Department of Public
Health and Environment)
13) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be 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)
14) 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
COZ22-0001
Page 6 of 8
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)
15) 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)
16) 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. 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. 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.
5. Upon approval of the plat, Condition of Approval 4 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 Department of Planning Services Staff. 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.
6. 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.
7. 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.
8. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone 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.
9. If a lot has an approved and recorded site specific development plan and the zoning on the lot is
changed to a zone district for which the existing use requires a Site Plan Review, the Director of
COZ22-0001
Page 7 of 8
Planning Services may waive the Site Plan Review application requirement, if the following
applies:
A. The existing use of the property is not changing or expanding beyond what is allowed without
a Site Plan Review, as stated in Subsection E above; and
B. The approved site specific development plan is in substantial compliance with the
requirements of the new zone district, including but not limited to bulk requirements, design
standards, and operation standards.
COZ22-0001
Page 8 of 8
January 24, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
Cox Chad
127 South Denver Avenue
Fort Lupton, CO 80621
Subject: COZ22-0001 - Change of Zone from the A (Agricultural) and the 1-3 (Heavy Industrial) Zone
Districts to the 1-3 (Heavy Industrial) Zone District.
On parcel(s) of land described as:
PART N2NE4NW4 SECTION 31, TIN, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 1, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 16, 2022
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,
Angela Snyder
Planner
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