HomeMy WebLinkAbout20220605.tiffEXHIBIT
A
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, that
the
following
resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved
by
the Weld
County Planning Commission that the application for:
CASE NUMBER: COZ21-0009
APPLICANT: NATE AND MELISSA HUNT, C/O CKG INCORPORATED
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2
(MEDIUM INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE SW4 OF SECTION 31, T9N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 4; APPROXIMATELY 0.5 MILES EAST OF
CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1
2.
The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
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 Code, in
part.
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 to a RV Storage facility
(USR14-0018). This USR 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
like screening and landscaping will be required.
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.
The Planning Commission believes the proposed rezoning is 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."
Future industrial uses will have to be approved through a Site Plan Review or Use by Special
Review process. Site Plan Review and Use by Special Review applications are sent to referral
agencies and surrounding property owner for comments. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any future Site Plan Reviews or
RESOLUTION COZ21-0009
NATE AND MELISSA HUNT, C/O CKG INCORPORATED
PAGE 2
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 23-2-30 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-19721103)
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
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 orin 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 23-2-30 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
RESOLUTION COZ21-0009
NATE AND MELISSA HUNT, C/O CKG INCORPORATED
PAGE 3
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 poor 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
The Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District is
conditional upon the following
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-way Show the approved
access(es) on the site plan and label with the approved access permit number if applicable
(Development Review)
2 The following notes shall be delineated on the Change of Zone plat
The Change of Zone allows for 1-2 (Medium Industrial) uses which shall comply with the
requirements set forth in Article III, 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)
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)
The property owner or operator shall be responsible for controlling noxious weeds on the site,
RESOLUTION COZ21-0009
NATE AND MELISSA HUNT, C/O CKG INCORPORATED
PAGE 4
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 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
3 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
4 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-
RESOLUTION COZ21-0009
NATE AND MELISSA HUNT, C/O CKG INCORPORATED
PAGE 5
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 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
6 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
7 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
i Motion seconded by Sam Gluck
VOTE
For Approval Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 1, 2022
Dated the 1st day of February, 2022
One It cC W M -
Michelle Wall
Secretary
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 1, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Lonnie Ford, at 12:30 pm.
Roll Call.
Present: Lonnie Ford, Skip Holland, Sam Gluck, Michael Palizzi, Pam Edens.
Absent: Elijah Hatch, Tom Cope, Butch White, Michael Wailes.
Also Present: Kim Ogle, Diana Aungst, and Michael Hall, Department of Planning Services; Lauren Light,
Department of Environmental Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion:
Approve the
January 4,
2022, Weld County Planning Commission minutes, Moved by Skip
Holland,
Seconded by
Sam Gluck.
Motion passed unanimously.
Motion: Appoint
Lonnie
Ford as
the Chair for Tuesday, February 1, 2022. Moved by Skip Holland,
Seconded by Sam
Gluck.
Motion
passed unanimously.
CASE NUMBER: COZ21-0009
APPLICANT: NATE AND MELISSA HUNT, C/O CKG INCORPORATED
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE SW4 OF SECTION 31, T9N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 4; APPROXIMATELY 0.5 MILES EAST OF
CR 31.
Diana Aungst, Planning Services, presented Case COZ21-0009, reading the recommendation and
comments into the record. The property is located adjacent to the City of Brighton's corporate limits. The
City of Brighton does not want to annex the property and they are opposed to the Change of Zone for an
RV and boat storage facility. The Department of Planning Services recommends denial of this application.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Chad Goens, 15281 Wagon Wheel Drive, Brighton, Colorado. Mr. Goens explained that him and his wife
Kelley are the owners and operators of Mountain View RV and Boat Storage. The storage facility was
approved and started in 2014 under USR14-0018. They worked with the Weld County Small Business
Development Committee. Mr. Goens is in the process of purchasing the property adjacent to the storage
facility. The sale of the land is contingent upon the approval of this application. He would like to expand
the storage facility on his property. They are running out of room and are having to turn away one to three
people a day. They have a wait list of 150 peoples' names. If approved, he would move the fence 650 feet
to the west and mirror the image of the storage facility under USR14-0018. Mr. Goens contacted both
adjacent property owners. He has never received any negative feedback from neighbors.
Mr. Goens met with the City of Brighton. The City did not wish to annex the property because they would
have to provide sewer and water with no benefit to the City. The City of Brighton recommend that they
pursue the application with Weld County.
Mr. Goens said they heard from the Division of Water Resources and the updated well permit is on hold
until the deed transfer from the current landowners to the Goens. He said they do not have a need for an
expansion of water or sewer. Water is supplied to the caretaker home, office and RV dump station.
Mr. Goens stated that they have a good working relationship with neighbors, and they provide assistance
to the local community. The Goens are onsite daily. They have a clean, secure and well -maintained
facility. Mr. Goens said the yard is recycled asphalt. He feels the business is compatible with the area.
Commissioner Ford asked Mr Goens why they are not requesting a change of zone to commercial Mr
Goens replied that commercial zoning does not allow conex containers on the site He said they currently
have fifteen to twenty-five conex containers in their yard that are used for indoor storage
Commissioner Ford asked if the land is being farmed Mr Goens replied there are two homes on the
property He said the land has no irrigation and is not farmland Mr Goens said that they would clean up
the property
Commissioner Gluck asked what the property is currently zoned Mr Goens replied it is zoned Ag
Commissioner Gluck asked staff why they cannot continue to permit the business under the Ag zone Staff
replied that there was a code change RV storage is no longer allowed in the Ag zone, the property would
need to be change to Commercial or Industrial use
Commissioner Edens told the applicant that they have a nice -looking facility She said there are a lot of
tumbleweeds in that area
Commissioner Ford asked staff if the application is not approved, will it be five more years until the applicant
can reapply Ms Aungst replied that there is a five-year stipulation that states that unless there is a
substantial change
Commissioner Ford asked why the applicant is applying for Industrial 1-2 Mr Goens replied that conex
containers are not allowed on a new USR or in a Commercial zone He chose 1-2 because it does allow
conex containers Mr Goens said that the language in USR14-0018 specifically calls out that conex
containers are allowed
Commissioner Palizzi asked if the fencing around the RV storage is the same as the fence you can see
from the front of the business Mr Goens said the front of the property has a cedar fence and the rest of
the property has a chain -link fence He said a neighbor asked if they would be willing to put up a six-foot
privacy fence along the back side of the property Mr Goens said he has no opposition to doing that
Commissioner Gluck asked staff what the biggest issue with this application is If the business is already
there and working effectively, he doesn't understand what the holdup is Ms Aungst explained the primary
reason for denial is because the property is in the annexation area of the City of Brighton and the property
is not located in an opportunity zone
Commissioner Holland expressed to staff that he feels this situation seems to be an argument between
Weld County and the City of Brighton Ms Aungst said the applicant spoke to the City of Brighton about
annexation and for a variety of reasons the City of Brighton did not wish to annex this property
Commissioner Ford stated that when he reads the soils report, it does not sound like the land is even good
for housing because it is mainly blow sand
Commissioner Gluck pointed out there are several other industrial uses in the area Mr Goens said they
are slightly outside of the one -mile opportunity zone
Commissioner Edens asked if the applicant is going to change the current USR to Industrial as well or leave
it as the USR Ms Aungst replied the USR will remain, the applicant is requesting a Change of Zone on
the new property only
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Melissa Hunt, 15509 Weld County Road 4, Brighton, Colorado Ms Hunt said that she is the current
property owner She inherited the property from her grandfather She and her husband have four children
who are in competitive sports They are too busy and no longer have the time or the finances to maintain
the property or the home Ms Hunt said that the Goens have been amazing neighbors She said their
property is currently a tumbleweed farm and if the Goens were able to purchase the property, they would
improve the land Ms Hunt said the Goens have a beautiful business
Karin McDougal, County Attorney, reminded the Planning Commission that because the staff
recommendation is for denial, the Board will have to make specific findings with how the Change of Zone
complies with Weld County Code if they recommend approval She also said because the Board is a small
group, they need to have the majority vote to either recommend approval or denial
Motion Forward Case COZ21-0009 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval citing Section 23-2 30 A 2
regarding compatibility with the surrounding land uses Moved by Skip Holland, Seconded by Sam Gluck
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Lonnie Ford, Michael Palizzi, Pam Edens, Sam Gluck, Skip Holland
Mr Goens stated that he agrees to the recommended Conditions of Approval
Kelly Goens, 15281 Wagon Wheel Drive, Brighton, Colorado thanked Diana for working with them through
the application process She said Diana did a great job and helped them a lot Ms Goens thank the
Planning Commission for their time
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 3 40 pm
Respectfully submitted,
tub Michelle Wall
Wall
Secretary
ATTENDANCE RECORD
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