HomeMy WebLinkAbout20233653.tiff vTv LAND USE APPLICATION
c o_�. SUMMARY SHEET
Planner: Maxwell Nader Hearing date: August 1, 2023
Case Number: COZ23-0001
Applicant: PV East LLC c/o Richard K. Johnson
5745 Waverly Avenue, Firestone, CO 80504
Representative: Ryan Buchanan
5110 Rangeview Avenue, Firestone, CO 80504
Request: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District
Legal Being a part of the SW4 of Section 15, T2N, R67W of the 6th PM, Weld County, Colorado
Description:
Location: North of and adjacent to CR 20; approximately 0.30 miles east of CR 19
Acres: +/-43.19 acres Parcel #: 1311-15-3-00-004
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ City of Fort Lupton, referral dated April 11, 2023
➢ Fort Lupton Fire Protection District, referral dated March 20, 2023
➢ Weld County Department of Public Health and Environment, referral dated March 20, 2023
➢ Weld County Department of Planning Services— Development Review, referral dated March 16, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Firestone, referral dated March 15, 2023
➢ Weld County Sherriff's Office, referral dated March 15, 2023
➢ Weld County Oil & Gas Energy Department, March 20, 2023
➢ Central Weld County Water District, referral dated April 5, 2023
➢ Weld County Department of Planning Services- Code Compliance, referral dated March 14, 2023
The Department of Planning Services'staff has not received referral responses from the following agencies:
➢ Longmont Conservation District
➢ Colorado Parks and Wildlife
COZ23-0001 PV East LLC
Page 1
NARRATIVE
The applicants are requesting to rezone the property from the A(Agricultural)Zone District Zone District to
the C-3 (Business Commercial) Zone District. Potential uses for C-3 zoned properties can be found in
Section 23-3-230 of the Weld County Code.
The property is also within a Weld County Opportunity Zone per the Weld County 2020 Comprehensive
Plan map. The map is intended to encourage rezoning in appropriate areas. Such a designation does
not guarantee a zone change application will be approved. The property is also located in the City of Fort
Lupton and Town of Firestone's Coordinated Planning Agreement(CPA) areas.
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 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 County 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 is 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.
COZ23-0001 PV East LLC
Page 2
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, 1MUSR17-13-0028 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 for a non-operational
turkey farm, USR-1408 for a second single family dwelling, 1MUSR17-14-0015 for a mineral
resource development facility, USR-331 for a compressor station, AmSUP-238 for a compressor
station, USR18-0029 for a 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.
COZ23-0001 PV East LLC
Page 3
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) 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 (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 prior 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".
COZ23-0001 PV East LLC
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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.
This recommendation for denial 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 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
applicant 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
COZ23-0001 PV East LLC
Page 5
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 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
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 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
COZ23-0001 PV East LLC
Page 6
capability of the component to function as designed. (Department of Public Health and
Environment)
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 locations. 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 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 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.
COZ23-0001 PV East LLC
Page 7
DEPARTMENT OF PLANNING SERVICES
ti B 1402 North 17th Ave
Greeley, CO 80631
Website:www.weldgov.com
. j N -Y Email: mnader@weld.gov
Phone: (970)400-400-3527
Fax: (970) 304-6498
April 24, 2023
Ryan Buchanan
5110 Rangeview Ave
Firestone, CO 80504
Subject: COZ23-0001 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
On parcel(s) of land described as:
Part of the SW4 Section 15,T2N, R67W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 1, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 23, 2023 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,
Maxwell Nader
Planner
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