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LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder Hearing Date: January 21, 2020
Case Number: COZ19-0004
Applicant: Richard Sack
Site Address: 12687 Weld County Road 2.5, Brighton, CO 80603
Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District
Legal Part of the SW4NE4 of Section 31, Township 1 North, Range 66 West of the 6th
Description: P.M., Weld County, Colorado
Location: North of and adjacent to County Road 2.5, east of and adjacent to Rocha Way,
approximately 740 feet east of US Highway 85
Acres: ± 1.2 acres
Parcel #. 1471-31-0-00-038
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Colorado Division of Water Resources, referral dated November 12, 2019
Y Weld County Department of Public Health and Environment, referral dated November 27, 2019
Y Weld County Department of Public Works, referral dated December 9, 2019
Without Comment:
Y Weld County Zoning Compliance, referral dated November 6, 2019
Y Brighton School District RE -27J, referral dated November 12, 2019
Y Brighton Fire Rescue, referral dated November 13, 2019
Y City of Fort Lupton, referral dated November 19, 2019
Y Colorado Parks and Wildlife, referral dated November 20, 2019
Y Weld County Sheriff's Office, referral dated November 22, 2019
The Department of Planning Services' staff has not received responses from:
V V V V V
Xcel Energy
United Power
Adams County
City of Brighton
History Colorado
Weld County Assessor
COZ19-0004
Page 1 of 7
Planner:
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Angela Snyder
Hearing Date: January 21, 2020
Case Number: COZ19-0004
Applicant: Richard Sack
Site Address: 12687 Weld County Road 2.5, Brighton, CO 80603
Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District
Legal Part of the SW4NE4 of Section 31, Township 1 North, Range 66 West of the 6th
Description: P.M., Weld County, Colorado
Location: North of and adjacent to County Road 2.5, east of and adjacent to Rocha Way,
approximately 740 feet east of US Highway 85
Acres:
± 1.2 acres Parcel #. 1471-31-0-00-038
The property owners have requested to Change of Zone on a property zoned A (Agricultural) to 1-3
(Heavy Industrial) to be consistent with adjacent zoning and to enhance the market value of the site.
The property was originally excluded from Change of Zone Z-562, recorded December 10, 2001, as
the site contains two residential dwellings built in 1962. The property has a nonconforming, second
single-family dwelling also built in 1962.
Uses allowed by permit in the 1-3 (Heavy Industrial) Zone District include Section 23-330.E.1 "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." This code section does not apply to the permanent, framed homes on the property.
The applicants are aware that the right to use of the homes as residences will cease if the change of
zone request is approved and are prepared to turn them into offices via the Building Department
change of use process.
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.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
COZ19-0004
Page 2 of 7
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-70.A. states, "The intent of the industrial Goals is to establish industrial areas
where a balanced, diversified economy can be encouraged in an effort to maintain and
enhance the quality of life of Weld County citizens."
The Highway 85 corridor just North of the southern border of Weld County has been
developed into an industrial area. Though a residential subdivision is adjacent to the property
to the west, several industrially -zoned properties and businesses surround this site.
Section 22-2-80.B I. Goal 2. states, "Encourage appropriate industrial development to annex
into a municipality if the new or expanding industrial development is adjacent to the
municipality's corporate limits."
The property is adjacent to the City of Brighton. The City of Brighton did not return a referral
response. Weld County does not have an Intergovernmental Agreement with the City of
Brighton.
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.
Rocha Way, a fence and tall deciduous trees separate the property from a residential
subdivision to the west and most of the land in the vicinity of the property has industrial uses.
Twenty-six (26) surrounding property owners were sent notice and no responses were
received. The Change of Zone is compatible with existing land uses. Any future industrial
uses will have to submit and receive approval of a Site Plan Review. Design and development
standards will need to be adhered to.
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 site is currently served by a well permitted for domestic use and a septic system
permitted for two (2) residences (SE -1100029). The Department of Public Health and
Environment, in their November 27, 2019 referral indicated that the septic system will be
required to be re -permitted for commercial use at the time a site plan review is submitted for
review. The Division of Water Resources, in their November 12, 2019 referral, indicated that
the well would need to be re -permitted for industrial purposes.
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.
The property accesses onto County Road 2.5, which is maintained by the City of Brighton.
The City did not return a referral response. The applicant will need to contact Brighton to
verify future and existing right-of-way.
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.
COZ19-0004
Page 3 of 7
The site is located in a Municipal Separate Storm Sewer System (MS4) Area and water
quality and drainage improvements may be required when the site is developed through
the Site Plan Review process.
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, dated August 14, 2019, submitted with the
application indicates that the site is not located within an area recognized as having
economically recoverable sand and gravel or other metallic resources. Mineral Interest,
Occidental Petroleum Corporation, was notified of the proposed Change of Zone on
January 9, 2020 and granted a waiver from the thirty (30) day notification period
according to the information submitted by the applicant.
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, dated August 14, 2019, submitted with the
application did not indicate any concerns with site soils.
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 1-3 (Heavy Industrial) Zone
District is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ19-0004. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department
of Planning Services)
3. All recorded easements shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. This portion of County Road 2 1/2 is under the jurisdiction of the City of Brighton. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show
the approved access on the site plan and label with the approved access permit number
if applicable. (Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone, COZ19-0004, allows for 1-3 (Heavy Industrial) uses which shall comply
with the 1-3 (Heavy Industrial) Zone District requirements as set forth in Article III Division 4
of the Weld County Code, as amended. (Department of Planning Services)
B. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
COZ19-0004
Page 4 of 7
C. The existing residences shall be converted to non-residential uses, such as an office.
(Department of Planning Services)
D. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
E. Building permits may be required, for any new construction or set up manufactured structure,
per Section 29-3-10 of the Weld County Code. A building permit application must be
completed and submitted. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently the following has been
adopted by Weld County: 2018 International Building Codes; 2018 International Residential
Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the
Weld County Code. A plan review shall be approved, and a permit must be issued prior to
the start of construction. (Department of Building Inspection)
F. 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)
G. 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. (Department of Public
Works)
H. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
I. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4
Permit. (Department of Public Works)
J. If applicable, once any permanent control measure has passed final inspection by Public
Works, the site shall be routinely inspected at a frequency determined by Public Works,
usually on an annual basis unless otherwise noted, for the life of the control measure.
Inspections occur to ensure the permanent control measure remains fully operational and is
being adequately maintained according to the site's Operation and Maintenance Plan. Upon
sale of the property, the responsibility of maintaining permanent control measures shall be
transferred to the new owner. (Department of Public Works)
K. Water service may be obtained from an appropriately permitted well. (Department of Public
Health and Environment)
L. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems 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)
M. 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)
N. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
Weld County Environmental Health Services, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
COZ19-0004
Page 5 of 7
O. If land development exceeds six (6) months in duration, the responsible party shall prepare
a fugitive dust control plan, submit an air pollution emissions notice application, and apply for
a permit from the Colorado Department of Public Health and Environment. (Department of
Public Health and Environment)
P. 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)
Q. 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 person 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.
R. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
COZ19-0004
Page 6 of 7
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses
to complaints more than on patrols of the County, and the distances which must be traveled
may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed, will not provide
the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit 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 plat shall be prepared in accordance with the requirements of
Section 23-2-50.C. and D. of the Weld County Code. 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. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within one -hundred -twenty (120) days of approval by the Board of County
Commissioners.
5. 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 the
Board of County Commissioners resolution a $50.00 recording continuance charge shall
added for each additional 3 -month period.
COZ19-0004
Page 7 of 7
December 20, 2019
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
SACK RICHARD D
14558 N MEADOW WOODS ST
BRIGHTON, CO 80603
Subject: COZ19-0004 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
PART SW4NE4 SECTION 31, 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 January 21, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 5, 2020
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
If you have any questions concerning this matter, please call.
Respectfully,
4 J7 :;
Angela Snyder
Planner
November 06, 2019
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
SACK RICHARD D
14558 N MEADOW WOODS ST
BRIGHTON, CO 80603
Subject: COZ19-0004 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
PART SW4NE4 SECTION 31, T1 N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
/j r i
_Jf t_-wCr1
Angela Snyder
Planner
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