HomeMy WebLinkAbout20220606.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: February 1, 2022
Case Number: COZ21-0009
Applicant: Nathan and Melissa Hunt c/o CKG Incorporated
Site Address: 15509 CR 4, Brighton, CO 80603
Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District
Legal Being part of S2SW4NW4SE4 & W2SW4SE4 of Section 27, Ti N, R66W of the
Description: 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 4 and approximately 0.5 miles east of
County Road 31
Acres: +1- 24.5 acres
Parcel #: 1471-27-0-00-022
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
➢ State of Colorado, Division of Water Resources, referral dated November 9, 2021
Weld County Department of Public Health and Environment, referral dated November 16,
2021
y Weld County Department of Planning Services — Development Review, referral dated
November 19, 2021
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Adams County, referral dated November 12, 2021
City of Brighton, referral dated November 29, 2021
y Town of Lochbuie, referral dated December 6, 2021
City of Fort Lupton, referral dated November 10, 2021
Weld County Sheriff Office, referral dated November 18, 2021
Brighton Fire Rescue District, referral dated November 23, 2021
Weld County Zoning Compliance, referral dated November 8, 2021
y Central Weld County Water District, referral date November 29, 2021
y Weld County Oil and Gas Energy Department, referral dated November 8, 2021
The Department of Planning Services' staff has not received responses from the following
agencies:
y Weld County Assessor
y Colorado Parks and Wildlife
COZ21-0009
Page 1 of 7
➢ West Adams Conservation District
y Weld County School District RE -27J
y Central Colorado Water Conservancy
Narrative:
The applicant is requesting to rezone the property from A (Agricultural) Zone District to the 1-2
(Medium Industrial) Zone District. Potential uses for 1-2 zoned properties can be found in Chapter
23, Article III, Section 23-3-320 of the Weld County Code. Due to the location of the site and the
adjacent land uses Planning Staff is recommending denial of the Change of Zone.
The property has two (2) single family dwellings on it: one built in 1973 and one built in 2011. The
dwelling built in 2011 is a manufactured home. The application materials state that one (1) of the
dwellings may be removed from the property and the other will remain as a caretaker's residence.
Section 23-3-320.E. states that, "One (1) manufactured home per legal lot, when used as living
quarters for caretaker or security personnel responsible for maintaining or guarding the property,
permitted under Division 3 of Article IV of this Chapter." As the property is not currently being
used commercially, any new business will require a Site Plan Review. The applicant is planning
on using the property for RV and boat storage.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE DENIED 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 not 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 not consistent with Chapter 22 of the Weld
County.
Section 22-2-30.B. — states, "Locate urban development in urban areas."
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 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. The site is adjacent to the City of Brighton's
corporate limits. The Weld County Comprehensive Plan encourages annexation of
property that is adjacent to municipalities and proposed rezoning.
Section 22-4-10.B. — states, "Weld County Opportunity Zones. If in compliance with the
other provisions in this Section, zone changes to C (Commercial), I (Industrial), and
Planned Unit Development (PUD) containing C and I uses are preferred in the following
locations:
1. Within one mile of interstates
2. Within one-half mile of U.S. highways
3. Within one-half mile of the County Highway (Weld County Road 49 between 1-76
and State Highway 392)
4. Within one -quarter mile of railroads
5. Within one-half mile of the following types of intersections:
a. Collector/arterial
b. Arterial/arterial
c. Collector/highway and
d. Arterial/highway."
COZ21-0009
Page 2 of 7
The site is outside of the preferred areas listed for rezoning to C (Commercial) and
(Industrial). The site is located within one -quarter mile of the City of Brighton
specifically adjacent to the City's corporate limits. Since the site is not in a Weld County
Opportunity Zone the Weld County Comprehensive Plan discourages rezoning to C
(Commercial) and I (Industrial) and states that this type of urban development should
be annexed into a municipality.
Section 22-4-10.C — states, "Development requiring rezoning is generally discouraged in
the following locations:
1. Within one -quarter mile of any municipality.
2. Beyond three miles from a municipality, unless all or a portion of the property is
located in a Weld County Opportunity Zone on the Comprehensive Plan Map and
the rezoning is to Commercial or Industrial."
The Weld County Comprehensive Plan discourages rezoning if the site is located within
one -quarter mile of the any municipality and not in a Weld County Opportunity Zone.
The site is located adjacent to the City of Brighton's corporate limits, and not in a Weld
County Opportunity Zone.
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by
granting the change of zone will not be compatible with the surrounding land uses.
The proposed rezoning is not compatible with the existing adjacent zoning in the area.
The uses include a large power substation (USR-1711) 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 single-family home and an oil and gas tank
battery. This property is a full quarter section (160 acres). The uses to the south of the
property include the Royal Meat Company Slaughter House 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 about 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." The
City of Brighton submitted an email dated November 29, 2021 that stated that they do not
wish to annex this property and that they will oppose the use of the property as an RV
storage facility as the use is not in alignment with the City's Comprehensive Plan
Designation.
Per the City of Brighton's Zoning Map the property to the south is zoned AIR
(Agricultural/Residential) and the property to the southwest is zoned PUD (Planned
Unit Development) - Single Family Residential. The City of Brighton's Land Use Code
(January 1, 2020) Section 4.01 states, "The AIR Zoning District is intended for little or no
development. These districts allow agriculture and associated uses and include rural
density residential living with detached houses on very large lots. Due to the development
patterns and inefficiency of providing city services, this area receives only limited
infrastructure investment and is therefore used as a "pre -development" district to either
preserve open and rural lands, or hold areas until more coordinated, compact, and
efficient growth and development can occur."
The City of Brighton's future land use map designates the subject property as
'Agriculture' with all the properties surrounding this site designated as Agriculture' too.
According to the City of Brighton's list of Land Use Categories dated April 2016, the
COZ21-0009
Page 3 of 7
'Agriculture' designation states, "Purpose and Character: Agricultural land uses are
expected to remain in the County and are primarily adjacent to ditches, open space,
estate residential, and industrial land uses. The agricultural landscape provides
separation from adjacent municipalities."
This rezoning is not compatible with the City of Brighton's adjacent zoning of A/R or the
future land use map designation of 'Agriculture'.
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.
Water is currently provided by the Division of Water Resources (Division). In their referral
agency comments dated November 9, 2021, the Division stated that the well cannot be
used to serve a commercial business. If the applicant intends to use the wells to provide
water to the commercial business, well permits allowing such use must first be obtained.
Additionally, the Division stated that 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
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-1 9721103).
D. Section 23-2-30.A.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 concerning access.
Section 23-3-320 of the Weld County Code states, "The purpose of the 1-2 Zone District
is to designate areas for industrial uses with more intense, higher traffic, or larger scale
uses than the 1-1 Zone District." This Change of Zone is not compatible with the
surrounding land uses, especially the estate lot residential subdivision to the south.
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 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.
COZ21-0009
Page 4 of 7
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 Mineral and Aggregate Evaluation from Northern Colorado Geotech, dated
October 8, 2021, submitted with the application indicates that 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) that 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 that 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
maintained, the presence of the current oil and gas operation at the site should have
no impact on the Change of Zone.
3) Section 23-2-30.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 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.
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.
Should the Planning Commission approve the proposal, the Department of Planning Services
recommends the following conditions:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Division of Water Resources, as
stated in the referral response dated November 9, 2021. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (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. (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. 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. Show and label the right-of-
COZ21-0009
Page 5 of 7
way. Show the approved access(es) on the site plan and label with the approved
access permit number if applicable. (Development Review)
C. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for 1-2 (Medium Industrial) uses which shall comply with
the requirements set forth in Article 111, Division 4 of the Weld County Code.
(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)
3. Any future structures or uses on site must obtain approval through a Site Plan
Review or Use by Special Review. (Department of Planning Services)
4. The manufactured home may be used as living quarters for caretaker or security
personnel responsible for maintaining or guarding the property in accordance with
Section 23-3-320.E.1. (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. Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Development Review)
7. The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
8. Water service may be obtained from an appropriately permitted well. (Department of
Public Health and Environment)
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. (Department of
Public Health and Environment)
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.
(Department of Public Health and Environment)
11. 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)
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 Development Standards stated
herein and all applicable Weld County regulations. (Department of Planning
Services)
13. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has
COZ21-0009
Page 6 of 7
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.
2. Upon approval of the plat, 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 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.
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 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 Weld County Code Ordinance 2005-7 approved June 1, 2005, should the
plat not be recorded within the required one -hundred -twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be
added for each additional 3 -month period.
COZ21-0009
Page 7 of 7
December 28, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Chad Goens, CKG Incorporated
15653 CR 4
Brighton, CO 80603
Subject: COZ21-0009 - Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District
On parcel(s) of land described as:
S2SW4NW4SE4 & W2SW4SE4 SECTION 27, Ti N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 01, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 23,
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,
Diana Aungst
Planner
Diana Aungst
From: Mountain View <mountainviewrvandboatstorage@gmail.com>
Sent: Wednesday, November 10, 2021 1:10 PM
To: Diana Aungst
Subject: Brighton NOI for 15509 Weld County Rd 4 COZ application
Attachments: Notice of Inquiry-Brighton.pdf; COB COZ Meeting.pdf
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Attached is the NOI that the city of Brighton returned to me. I am also attaching the Meeting notice that I had with Jason
Bradford (COB Planning Manager) and Oscar Ortiz (COB Planner). It was at this meeting they said they would not check
yes of no but had no intention of annexing this facility. This would cost the city to much to bring water and sewer and
they had no plan to bring water/sewer any time soon. They also felt there was no real benefit to the city of annexing this
property and these types of facilities should be in the county.
Thank You,
Chad
W Wirhiv s. r#Lh%}
Q etgx�go
RV and Boat Storage
Created by: oortiz@brightonco.gov - Your response: /Yes, I'm going
9am m- loam (Mountain Time - jbradford@brightonco.gov
Mountain View
Denver) oortiz@brightonco.gov
Mon Aug 2, 2021
Mr. Chad Goens would like to discuss the
annexation process, and proposed RV storage for
the parcel # 147127000022 located in Weld County.
The address is 15509 CR 4 WELD COUNTY
Notice of Inquiry
Weld County
Pre -application Case #
PRE21-0217
fort Lupt0rrOFA BRt6 MTON CITY
Date of Inquiry T7/2812021
Municipality
Name of Person Inquiring
Property Owner
Chad Goens
Nathan and Melissa Hunt
Planner ,I Diana Aungst
Planner Phone Number
970-400-3524
Planner Email Address daungst@weidgov.com
Legal Description S2SW4NW4SE4 & W2SW4SE4 Section 27, Ti N, R66W
Parcel Number 147127000022
Nearest Intersection CR 31 and CR 4
Type of Inquiry
RV and Boat Storage
The above person met with County Planning staff about developing a parcel of land inside your designated
Intergovernmental Agreement/Coordinated Planning Agreement Boundary.
County Planner's signature
Would you like to pursue annexation of this property? NO
Date of Contact 7-2--q -21
Comments:
Proposed d ae-d c,.a-f CC OW
YES
Si re of Municip lity Representative Title Date
Please sign and date to acknowledge that the applicant has contacted you
and return this signed form to Weld County Department of Planning Services.
Weld County Planning Department
1555 N 17th Ave, Greeley, CO 80651 — (970) 400-6100 - (970) 304-6498 Fax
20181107
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