HomeMy WebLinkAbout20233652.tiff EXHIBIT
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Before the Weld County , Colorado , Planning Commission
CC) Cr \
Resolution of Recommendation to the Board of County Commissioners
Moved by Butch White and seconded by Virginia Guderjahn , that the following resolution be introduced for
denial by the Weld County Planning Commission . This motion for recommendation of denial failed .
Therefore , it was moved by Michael Palizzi and seconded by Pamela Edens , 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: COZ23-0001
Applicant: PV East LLC
Planner: Maxwell Nader
Request : Change of Zone from the A (Agricultural ) Zone District to the C-3 ( Business
Commercial ) Zone District .
Legal Description : Tract 2 of Pradera Vista East Tracts : being part of the SW1 /4 of Section 15 ,
Township 2 North , Range 67 West of the 6th P . M . , Weld County , Colorado .
Location : North of and adjacent to County Road 20 : approximately 0 . 30 miles east of
County Road 19 .
This motion also failed and therefore the application is forwarded with no recorr mendation for approval or
denial to the Board of County Commissioners . Below are the original findings proposed by the Planning
Department but not approved or denied by the Planning Commission :
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 or 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 Code .
Section 22- 3- 30 . B . 4 — states : Pursue Coordinated Planning Agreements with all municipalities within
the County . "
The site is located within the Coordinated Planning Agreement ( CPA) areas of Town of Firestone and
City of Fort Lupton . The Town of Firestone did not return a Notice of Inquiry ( NOI ) form . The City of
Fort Lupton returned a NOI Form dated February 3 , 2023 , with the following comments : "This site is
located within our future land use plan and is designated as agricultural/rural residential . The
proposed Change of zone is not consistent with our existing comprehensive plan . We would like to
have the opportunity to discuss options of future land use with the property owner . "
Section 19- 12 -20 . E states — 'Pressures for growth and development in areas surrounding the
Municipality and County indicate that the joint and coordinated exercise by the County and the
Municipality of their respective planning , zoning , subdivision , building and related regulatory powers
in such areas will best promote the objectives stated in this CPA . "
The proposed change of zone to C - 3 ( Business Commercial ) Zone District is not consistent with City
of Fort Lupton ' s comprehensive plan . The purpose of the CPA is to assist with greater coordination
with land use proposals within unincorporated areas surrounding the City of Fort Lupton .
Section 22-4- 10 . B . — " Comprehensive Plan Compatibility : Weld County Opportunity Zones . "
The property is incorrectly shown as being located within a Weld Coun-y Opportunity Zone due to
its proximity of the intersection of an arterial and a collector road : County Road 19 and County Road
20 . Per the Functional Classification Map ( Code Ordinance 2017- 01 ) County Road 20 is classified
as a collector road west of County Road 19 and a local road east of County Road 19 . County Road
19 is classified as an arterial road therefore showing that the land that iE east of County Road 19 is
an Opportunity Zone . However, based on the Comprehensive Plan the Opportunity Zone should only
be on the west side of County Road 19 and not on the east side . Additionally . the proposed access
for the property is located on the portion of County Road 20 that is designated as a local road .
B . 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 adjacent surrounding lands are all zoned A(Agricultural)County Road 19 has been annexed
into Firestone The lands are primarily rural residential/agricultural in all directions-The properties
directly to the east of the subject property has a dog kennel for 200 dogs,Class I Composting
Facility,and an agricultural services business on them All uses are permitted through a Use by
Special Review Permit SUP-710,USR18-0095,and USR12-0034 respectively
There are roughly nineteen(19)USRs permitted within one(1)mile of the site USR-1120AM for an
agricultural service equestrian center,MUSR13-0017 for a mineral resource development facility,
USR-1063 for a 24"gas line,USR-710 for a 200 dog kennel,USR13-0049 for a non 1041 16"gas
pipeline,SUP-316 for a natural gas compressor station,1 MUSR17-13-0028 for a mineral resource
development and processing facility,USR-812 for a second single family residence,USR18-0095 for
a Class I Composting Facility,USR12-0034 for an agricultural services business,USR-1184 for an
equine breeding,boarding and training facility,SUP-62 fora non-operational turkey farm,USR-1408
for a second single family dwelling,1 MUSR17-14-0015 for a mineral resource development facility,
USR-331 fora compressor station,AmSUP-238 fora compressor station,USR18-0029 fora mineral
resource development facility,and SUP-118 for a non-operational 70,000 turkey farm
Although these uses were identified as more intense than uses by right in the Agricultural Zone
District,the properties themselves are still zoned Agricultural and these uses are considered
temporary in nature With that the special use has ability to stop or be removed with the
understanding that the existing zoning would remain
The site is located within the three(3)mile referral area for the Town of Firestone and City of Fort
Lupton The Town of Firestone returned a referral dated March 15,2023,with no concerns The City
of Fort Lupton returned a referral dated April 11,2023,with the following comments,"This proposal is
not consistent with the City of Fort Lupton's current Comprehensive Plan This site is designated as
Agricultural and Rural Residential in our Future Land Use Planning Map,which was adopted in 2019
The county's C-3 zone district allow uses that will not be compatible with existing land uses adjacent
to the property and in the near vicinity which are mostly agricultural and residential in nature We
would still welcome the opportunity to discuss the option of annexation and discuss potential future
land uses in the area with the existing property owner"
The Town of Firestone's Master Plan 2013 identifies the area west of County Road 19 as future
commercial development area Even though the properties to the west of the subject property(on the
west side of County Road 19)are shown as commercial by Firestone the site is located on the east
side of the County Road 19 The Town of Firestone and City of Fort Lupton have a Coordinated
Planning agreement that identifies County Road 19 as the dividing line between the two
municipalities,therefore the Town of Firestone will not annex east of County Road 19 and City of Fort
Lupton will not annex west of County Road 19
The City of Fort Lupton's 2020 Future Land Use Map identifies the area east of County Road 19 as
Agricultural&Rural Residential Commercial zoning in this area does not meet the intent of the City
of Fort Lupton's Comprehensive Plan and Future Land Use Map Per Section 23-2-220 of the Weld
County Code"the proposal shall be compatible with the future development as projected by Chapter
22 of this Code or Master Plans of affected municipalities"This Change of Zone is not supported by
the Weld County Comprehensive Plan since it is not supported by the City of Fort Lupton's Future
Land Use Map
On April 24,2023,the Department of Planning Services sent notice to ten(10)surrounding property
owners within 500-feet of the subject parcel No responses were received
C Section 23-2-30 A 3—That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district
Central Weld County Water District and an on-site wastewater treatment system will serve the site
when developed A Central Weld County Water District"Will Serve"Letter was provided on
December 8,2022,and returned a referral dated April 5,2023,with no comments or concerns
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
Per the referral dated March 16,2023,from the Department of Planning Services—Development
Review,County Road 20 meets the criteria specified in Section 23-2-30 A 4 for change of zone in
that it is a paved local road
E Section 23-2-30 A 5—In those instances where the following characteristics are applicable to the
rezoning request,the applicant has not demonstrated compliance with the applicable standards
1) Secbon 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 conceming Overlay Districts Compliance may be
demonstrated in a previous public hearing or in the hearing concerning the rezoning application
The proposed Change of Zone(COZ)site is not located within any overlay district officially
adopted by the County,including A-P(Airport)Overlay District,1-25 Overlay District,Geologic
Hazard Overlay District,MS4-Municipal Separate Storm Sewer System area,Special Flood
Hazard Area,Historic Townsites Overlay District,or Agricultural Heritage Overlay District
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 proposed Change of Zone does not interfere with the future extraction of mineral resources,
more so than the existing zoning Open mining and the processing of materials is permitted via a
Use by Special Review permit in both the existing A(Agricultural)Zone District and the proposed
C-3(Business Commercial)Zone District The applicant determined there are no mineral lessees
per their mineral research and the Sand and Gravel Map prepared by Colorado Geologic Survey
in 1974 and accepted by Weld County does not designate any economic deposits on the subject
parcel
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 Natural Resources Conservation Services(NRCS)Soil Survey,dated December 7,2022
and June 12,2023,indicates that 51%of the site consists of low-slope(0-3%)Vona loamy sand
soils,18 6%of the site consists of low-slope(1-3%)Olney loamy sand soils,and 5 7%is low-
slope(0-3%)Valent sand soils Olney loamy sand soils is identified as"Farmland of statewide
importance",which makes up 18 6%of the site The other 58%of soils located on site is
identified as"Farmland of local importance"
All three(3)soil types on site are considered farmland of importance in some degree per the
Natural Resources Conservation Services(NRCS)Soil Survey
The proposed Change of Zone for this property,is not supported by the land use goals and objectives of the
adopted 2020 Weld County Comprehensive Plan as this property is not currently suitable for commercial
development and the property owner has the opportunity and ability to pursue annexation into the City of Fort
Lupton when the time is appropriate
Should the Board of County Commissioners approve this Change of Zone from the A(Agricultural)Zone
District to the C-3(Business Commercial)Zone District be granted,the approval shall be conditional on the
following
1 Prior to recording the plat
A The applicant shall acknowledge the comments of the City of Fort Lupton,as stated in the referral
response dated April 11,2023 Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services (Department of Planning Services)
B The applicant shall acknowledge the comments of the Oil and Gas Energy Department,as stated in
the referral response dated March 20,2023 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Planning Services)
C The applicant shall acknowledge the comments of the Fort Lupton Fire Protection District,as stated
in the referral response dated March 20,2023 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Planning Services)
D The Change of Zone plat shall be amended to delineate the following
1 All pages of the plat shall be labeled COZ23-0001 (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 County Road 20 is a paved road and is designated on the Weld County Functional Classification
Map(Code Ordinance 2017-01)as a local road,which requires 60 feet of right-of-way at full
buildout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way)and the physical location of the
road If the existing right-of-way cannot be verified it shall be dedicated The appficant shall also
delineate the physical location of the roadway Pursuant to the definition of setback in the Weld
County Code Sec 23-1'-90,the required setback is measured from the future right-of-way line
This road is maintained by Weld County(Development Review)
5 Show and label the proposed access point onto CR 20 and the usage type(Commercial)
Development Review will review the access location as a part of the plat submittal(Development
Review)
6 The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone,COZ23-0001,allows for C-3(Business Commercial)uses which shall
comply with the C-3(Business Commercial)Zone District requirements as set forth in
Chapter 23,Article III Division 3 of the Weld County Code,as amended (Department of
Planning Services)
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits (Department of Planning Services)
3) Building permits may be required,for any new construction or setup 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 Energy
Code,2020 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)
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) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking(Development Review)
7) Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way . ( Development
Review)
8 ) Any work that may occupy and or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement . ( Development
Review)
9) The historical flow patterns and runoff amounts will be maintained on the site . ( Development
Review)
10) Water service may be obtained from Central Weld County Water District . ( Department of
Public Health and Environment)
11 ) The parcel is currently not served by a municipal sanitary sewer system . Sewage disposal
may be by 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)
12) 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)
13) Activity or use on the surface of the ground over any part of the OVVTS must be restricted to
that which shall allow • as designed and which shall not contribute to
14) 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 )
15 ) 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 ocations . Moreover , these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource .
2 . Upon completion of Condition of Approval 1 . above , the applicant shall submit one ( 1 ) electronic copy
( . pdf) of the plat for preliminary approval to the Weld County Department of Planning Services . The plat
shall be prepared in accordance with the requirements of Section 23-2 - 50 . D . of the Weld County Code .
3 . Upon approval of the plat , Condition of Approval 2 . 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 sha I 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 Appendix 5-J of the Weld County Code,should the Change of Zone plat 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
VOTE FOR RECOMMENDATION FOR DENIAL
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
VOTE FOR RECOMMENDATION FOR APPROVAL
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
The Chair declared that both motions failed and ordered that a certified copy of the resolution be forwarded
with the file of this case to the Board of County Commissioner's for further proceedings
Certification of Coov
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 December 5,2023
Dated the 5th day of December 2023
at//UCei&1 Z ,G
Michelle Wall,
Secretary
EXHIBIT
• 3 --006
Summary of the Weld County Planning Commission Meeting
Tuesday , December 5 . 2023
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
Elijah Hatch , at 1 : 32 p . m .
Roll Call .
Present : Elijah Hatch , Skip Holland , Butch White , Michael Wailes , Pamela Edens , Michael Palizzi . Shana
Morgan , Virginia Guderjahn .
Absent : Barney Hammond .
Also Present : Kim Ogle , Chris Gathman , Diana Aungst ; and Maxwell Nader , Department of Planning
Services , Lauren Light , Department of Health . Karin McDougal , County Attorney , and Michelle Wall ,
Secretary .
Motion : Approve the November 7 , 2023 , 2023 Weld County Planning Commission minutes , Moved by
Butch White , Seconded by Shana Morgan . Motion passed unanimously .
Case Number: COZ23-0001 ( continued from August 1 . 2023 )
Applicant PV East LLC
Planner: Maxwell Nader
Request: Change of Zone from the A (Agricultural ) Zone District to the C-3 ( Business
Commercial ) Zone District .
Legal Description : Tract 2 of Pradera Vista East Tracts , being part of the SW1 /4 of Section 15 ,
Township 2 North , Range 67 West of the 6th P . M . . Weld County , Colorado .
Location : North of and adjacent to County Road 20 : approximately 0 . 30 miles east of
County Road 19
Maxwell Nader . Planning Services , presented Case COZ23- 0001 , reading the recommendation and
comments into the record . The Planning Department sent notice to 10 surrounding property owners
within 500 feet of the subject parcel . One letter of support was received . The Department of Planning
Services recommends denial of this application .
Lauren Light . Environmental Health , reviewed the public water and sanitary sewe ' requirements . on- site
dust control . and the Waste Handling Plan .
Bob Choate , Coan , Payton & Payne , LLC , 1711 61St Street , Greeley , Colorado . Mr. Choate stated he is
here on behalf of Ryan Buchanan . Mr. Buchanan is under contract to purchase this property . The owner
of PV East LLC is also in the audience . Mr. Choate said he was before the Planning Commission on
October 3 , 2024 , where he represented the applicant for the adjacent property where the Planning
Commission voted to recommend approval of a Change of Zone from Agricultural to C - 3 . He said it was
approved by the Board of County Commissioners on October 18 , 2024 .
Mr. Choate explained there is a need for businesses that do not need curb , gutter and sewer but need
more space but can 't afford commercial zoned property in a town . For example , businesses like
landscaping . tradesmen companies or a place to put their vehicles or equipment .
Mr. Choate gave a presentation . He said the language for Section 22-4- 10 . B . - Weld County Opportunity
Zones is from the Comprehensive Plan and states , "within one- half mile of the following types of
intersections . a collector and an arterial . " He said County Road 19 is an arterial road all the way through
in this location . County Road 20 is a collector road to the west and a local road to the east : therefore ,
making an intersection of a collector and an arterial .
Mr Choate said Firestone returned a referral response that they don't have any concerns He said that is
because that is because County Road 19 is the boundary for an Intergovernmental Agreement between
Firestone and Fort Lupton Mr Choate referenced Firestone's Urban Growth Boundary Map showing
they plan on commercial and mixed use along County Road 19
Mr Choate shared the Existing Fort Lupton Zoning Map and Fort Lupton Future Land Map in his
presentation The City of Fort Lupton returned a referral stating the site is not consistent with their
existing comprehensive plan Mr Choate said his applicant is not interested in annexing with the City of
Fort Lupton and that is why they are here today Mr Choate said he feels the City of Fort Lupton will
amend their Comprehensive Plan when they wish to annex He referenced two properties where the City
of Fort Lupton amended their comprehensive plan,rezoned,and annexed with the properties
Mr Choate spoke on Compatibility He said there is the adjacent property that Planning Commission and
the Board of County Commissioners just approved for the Change of Zone to C-3 and many other USRs
in the area There is a USR for a Dairy Class 1 Composting Facility next to this property There are
many active and inactive oil and gas facilities He feels strongly that this is a good fit for this area
Commissioner Edens referenced that the Planning Commission continued this case on August 1,2024,in
order to give Mr Buchanan some time to meet with the City of Fort Lupton She asked what the outcome
of that meeting was Mr Choate said the applicant recently spoke to Mr Hodges about his
recommendation of denial of the application Mr Choate said he also thinks they spoke early on during
the application process but Mr Buchanan did not find it feasible or within his timeframe He does not
think they spoke in the meantime
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Todd Hodges,City of Fort Lupton,130 South McKinley Avenue,Fort Lupton,Colorado Mr Hodges said
the City of Fort Lupton's Comprehensive Plan is the full boundary and they don't take it lightly They plan ('
to redo their comprehensive plan in 2025 Mr Hodges said the two sites that Mr Choate referred to �_-
were already industrial businesses,under USR's with Weld County,before annexing with the Town of
Fort Lupton He said they did not just change the zoning from what it was Mr Hodges said a typical
annexation application process takes about 6 months It depends on if the application is complete,if
there is an IGA with another town,etc
Mr Hodges explained that their concern is not with Mr Buchanan's plans for storage,but with the
Change of Zone to C-3 He is concerned about all the other commercial uses allowed under C-3 and how
those are not compatible with the surrounding areas
Mr Hodges said Fort Lupton is not only concerned about their future plans for this area,but the subarea
plan and IGAs with Weld County,Firestone,Platteville,and Frederick These entities plan to work
together for future planning in this corridor
Commissioner White commented that it doesn't sound like there was much communication from the
applicant with the City of Fort Lupton Mr Hodges said he called Mr Buchanan on Friday,but they did
not speak before then Mr Hodges reiterated he does not have an issue with storage,he has concern
about what other uses that are allowed under C-3 that would not be compatible next to a composting
facility He said an example could be a daycare facility
Zo Hubbard,Mayor of Ft Lupton,130 South McKinley Avenue,Fort Lupton,Colorado Ms Hubbard
stated that she is a farmer's daughter and is proud to drive into Weld County and read signs that say,"We
have the right to farm in Weld County" She stated that Fort Lupton believes in keeping irrigated farmland
as pristine as possible Ms Hubbard said that the City of Fort Lupton does not have a problem with the
concept of the storage,but they do have a problem with the change of zone She explained that when
and if a business fails,you never know what other business is going to come in
O
cBruce Fitzgerald,6650 County Road 21,Fort Lupton,Colorado Mr Fitzgerald stated that he lives on
County Road 21 and this is his neighborhood He is a City Councilman for the City of Fort Lupton He
asked the Planning Commission to listen to the City of Fort Lupton staff and Planning staff and
recommend denial
Mr Choate stated that he thinks subarea planning is a great idea,especially when you can get many
lunsdictions on board to discuss the unincorporated area of the County He said this area looks like it
really needs it The future land maps show a sea of green which is not reflective of what would be
appropriate in that area Mr Choate explained that subarea planning is a legislative effort that will
happen in the future,however,it does not affect today
Mr Choate said this property has not been farmed for many years There has been oil and gas on the
property He said he is also supportive of protecting prime farmland
Mr Choate said there is nothing on the C-3 Zoning list that is going to adversely affect the neighbors Mr
Choate said the applicant has a letter of support from one of the neighboring properties and the other
neighbor is a dairy composting facility
Mr Choate said he feels the City of Fort Lupton cannot provide utilities or other non-law enforcement
services to So when thinking about taxes,levies and control,a municipality should be able to provide
something in return
Commissioner Morgan said that in the Coordinated Planning Agreement with the City of Fort Lupton,it
reads that within a year an attempt should be made to enter into some type of common development
standards She asked Mr Nader if it is safe to assume that has not happened Mr Nader responded that
she was correct
O Mr Nader said he would like to address the Planning Department's reasons for recommending denial on
compatibility and opportunity zones Mr Nader said that there are USRs in the area but USRs are
temporary in nature USRs are not permanent uses and they can be revoked or removed He explained
that the under lying zone district is still Agricultural Mr Nader said a change of zone is permanent and a
property owner would need to request a change of zone to change it back to agricultural or some other
zone district
Mr Nader said there is confusion with the Weld County Opportunity Zone map Just because a property
shows on an opportunity zone map,does not mean or guarantee a change of zone will be approved for
commercial or industrial uses He said in this particular case,the Planning Department does not feel an
opportunity zone is a reason to approve a change of zone
Commissioner Wailes commented that during his years on being on the Planning Commission he has
experience applicants requesting to revoke USRs as well as applicants requesting a change of zone He
feels it is oversimplifying by saying a change of zone is permanent because both land uses have
processes to change zones Commissioner Wailes asked Mr Nader if this property is located in the Weld
County Opportunity Zone
Mr Nader replied that per the 2020 Comprehensive Plan Map,this property shows within the Opportunity
Zone Mr Wailes asked if the Planning staff does not agree that the east side of County Road 19 falls
within the Weld County Opportunity Zone Mr Nader said that is correct
The Chair asked Mr Nader if the 2 properties directly to the west of this property are zoned C-3 Mr
Nader said as of October 18,2023,the zoning was approved to C-3 Mr Hatch asked if that does not fit
as far as compatibility Mr Nader explained that the staff recommendation for denial was written many
months before that case's staff recommendation was written Both of these cases were recommended by
staff for denial The other case was recommended for approval to the Board of County Commissioners
by the Planning Commission and approved by the Board on October 18,2023 There was discussion to
U
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think about the changing nature of the area now that the other case was approved,but staff decided to
keep their recommendation of denial
The Chair asked staff if they have any adjustments to the development standards or conditions of
approval
Ms Light,Environmental Health,requested to delete Condition of Approval 1 D 6 13
Motion Delete Condition of Approval 1 D 6 13 Moved by Michael Wailes,Seconded by Pam Edens
Motion passed unanimously
Motion Forward Case COZ23-0001 to the Board of County Commissioners along with the Amended
Conditions of Approval with the Planning Commission's recommendation of denial,Moved by Butch
White,Seconded by Virginia Guderjahn
Vote Motion failed(summary Yes=3,No=5,Abstain=0)
Yes Butch White,Shana Morgan,Virginia Guderjahn
No Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Skip Holland
Commissioner White concurred with staff that the application is not consistent with Chapter 22 He does
not feel the applicant spoke enough with the City of Fort Lupton
Commissioner Wailes stated that he wants to see something built in Weld County instead of watching
good people leave and go build somewhere else He said that this property is in the Opportunity Zone as
ft is written now Consistent with Chapter 22 and surrounding uses
Commissioner Edens said that the City of Fort Lupton can't provide the applicant with the services they
need She thinks that is important The applicant does not want to annex with Fort Lupton
fl,
Commissioner Palizzi stated that he agrees with Mr Wailes and that the property meets the code of the
Weld County Opportunity Zone as well as the other property that is zoned C-3 next to it
Commissioner White agreed with the Opportunity Zone comments but pointed out that Weld County has
made agreements with these municipalities with the intention of the growth to go to the towns and cities
Mr White said it sounded like the City of Fort Lupton attempted to talk to the applicant about pre
annexation but the applicant was not interested
Commissioner Morgan said she agrees with Commissioner White She thinks the application would be
consistent with its neighbors but Fort Lupton is here saying they can work with the applicant and try and
find a use that will work for his business Ms Morgan said we do have Intergovernmental Agreements
with neighboring municipalities for a reason and they should be honored
The Chair said that he believes the surrounding area is compatible and it is consistent with the use of the
area
The Chair explained that the motion failed and requested the Planning Commission to make a new
motion
Motion Forward Case COZ23-0001 to the Board of County Commissioners along with the Amended
Conditions of Approval with the Planning Commission's recommendation of approval,Moved by Michael
Palizzi,Seconded by Pamela Edens
Vote Motion failed(summary Yes=4,No=4,Abstain=0)
Yes Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens
No Butch White,Shana Morgan,Skip Holland,Virginia Guderjahn
Commissioner Palizzi stated that the property is in the Opportunity Zone based on how the Code is
currently defined He also feels it is compatible with the surrounding C-3 zoning
G
Commissioner Morgan does not believe this is consistent with Chapter 22 Commissioner Gudertahn
agreed with Commissioner Morgan
Commissioner Wailes agrees that the proposal is consistent with Chapter 22 It does exist in the
Opportunity Zone and is consistent with the surrounding land uses including the recent Change of Zone
to C-3 and other USRs
Commissioner Holland said he does not believe it is in compliance with Chapter 22
Commissioner White said he does not believe it is consistent with Chapter 22 and is recommending that
the applicant meet with Fort Lupton
Commissioner Hatch feels it is consistent with Chapter 22 and the surrounding uses are compatible
The Chair explained the vote was 4 4 which failed the motion He asked Ms McDougal,County Attorney,
to advise on how to proceed Ms McDougal said that when this happens it is forwarded to the Board of
County Commissioners without a recommendation
Forward Case COZ23-0001 to the Board of County Commissioners without a recommendation
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
Meeting adjourned at 5 22 p m
�/ Respectfully submitted,
Mli—to l(,6,b 1,
Michelle Wall
Secretary
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ATTENDANCE RECORD December 5Zoz3
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Summary of the Weld County Planning Commission Meeting
Tuesday,August 1,2023
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,
Elijah Hatch,at 1 30 pm
Roll Call
Present Elijah Hatch,Skip Holland,Butch White,Michael Wailes,Shana Morgan
Absent Michael Pahzzi,Pamela Edens
Also Present Maxwell Nader,Chris Gathman,and Diana Aungst,Department of Planning Services,Jason
Maxey,Department of Oil and Gas Energy,Lauren Light,Department of Health,Karin McDougal,County
Attorney,and Michelle Wall,Secretary
Motion Approve the July 11,2023,Weld County Planning Commission minutes,Moved by Skip Holland,
Seconded by Butch White Motion passed unanimously
Michael Wailes nominated Elijah Hatch to serve as the Planning Commission Chair for 2023-2024 No
other nominations were made
Motion Close Nominations for Chair of the Planning Commission Moved by Butch White,Seconded by
Shang Morgan The nomination passed unanimously
Commissioner Pamela Edens entered the meeting at 1 33 pm
Michael Wades nominated Butch White to serve as the Planning Commission Vice Chair for 2023-2024
No other nominations were made
Motion Close Nominations for Vice Chair of the Planning Commission Moved by Shana Morgan,
Seconded by Skip Holland The nomination passed unanimously
Case Number COZ23-0001
Applicant PV East LLC
Planner Maxwell Nader
Request Change of Zone from the A(Agricultural)Zone District to the C-3(Business
Commercial)Zone District
Legal Description Tract 2 of Pradera Vista East Tracts,being part of the SW1/4 of Section 15,
Township 2 North,Range 67 West of the 6th P M,Weld County,Colorado
Location North of and adjacent to County Road 20,approximately 0 30 miles east of County
Road 19
Maxwell Nader,Planning Services,stated that the applicant submitted a Continuance Request for Planning
Case COZ23-0001 The request is for the applicant to address the issues described in the
recommendation The applicant also wishes to meet with the staff of Fort Lupton prior to hearings The
applicant is requesting Planning Commission to be continued until the December 5,2023 Staff supports
this request
Ryan Buchanan,5110 Rangeview Avenue,Firestone,Colorado Mr Buchanan said he has some
scheduling conflicts over the next couple of months and needs more time to address the concerns and
meet with the staff of Fort Lupton
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance
No one wished to speak
O Motion Continue Case COZ23-0001 Moved by Butch White,Seconded by Michael Wades
Vote Motion carried by unanimous roll call vote(summary Yes=6)
Yes Butch White,Elijah Hatch,Michael Wades,Pamela Edens,Shana Morgan,Skip Holland
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 59 pm
Respectfully submitted,
b..--e-
Michelle Wall
Secretary
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ATTENDANCE RECORD
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