HomeMy WebLinkAbout20233048.tiffHEARING CERTIFICATION
DOCKET NO. 2023-67
RE: CHANGE OF ZONE, COZ23-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - PV EAST, LLC
A public hearing was conducted on October 18, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 12, 2023, and duly published
September 15, 2023, in the Greeley Tribune, a public hearing was conducted to consider the
request of PV East, LLC, for a Change of Zone, COZ23-0003, from the A (Agricultural) Zone
District to the C-3 (Business Commercial) Zone District. Bruce Barker, County Attorney, made
this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, and stated 16 referrals were sent out and 12 agencies
responded. She relayed Planning staff is recommending denial of the Change of Zone (COZ),
citing incompatibility with the surrounding area, the Weld County Comprehensive Plan, and the
future land uses, as depicted by the Town of Firestone and the City of Fort Lupton. She mentioned
there are no details about future, proposed uses, and relayed the existing, surrounding zoning
and uses are A (Agricultural) and Rural Residential for at least one (1) mile, except for a saltwater
injection well and a compressor station. She explained the criteria of an Opportunity Zone,
one (1) of which is to be within one-half (1/2) mile of a collector/arterial intersection, and then
displayed an overlay map (Exhibit C) on the Weld County Property Portal, that incorrectly depicts
the site as being in an Opportunity Zone. She asserted the applicant was made aware of the error
early on in the application process, and explained a property being in the Opportunity Zone does
not guarantee approval of the request. Ms. Aungst referenced Weld County Code
Section 23-2-30.A.2, stated the proposal is not compatible with surrounding land uses, and noted
the site is located in the Coordinated Planning Agreement (CPA) area of the Town of Firestone
and the City of Fort Lupton. She mentioned the Town of Firestone's Master Plan identifies the
area as "Mixed Use" with a small portion of the area identified as "Commercial Office," and
explained why the proposed COZ does not fit into the Town of Firestone's Master Plan, which
contradicts the requirement of Section 23-2-220.A.4. She cited Section 19-12-30, and relayed the
site is not consistent with the City of Fort Lupton's Comprehensive Plan designation of
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A (Agricultural) and Rural Residential. She noted the site is within the three (3) mile referral area
of the Towns of Frederick and Firestone and the City of Fort Lupton and summarized their referral
comments, including the City of Fort Lupton wishing to annex the proposed site, which the
applicant does not want. She mentioned Public Service Company of Colorado (Xcel Energy) has
an existing, high-pressure natural gas transmission line, with a 50 -foot easement, and associated
land rights on the subject properties. She outlined the 17 USRs within one (1) mile of the site, and
mentioned there are two (2) residential properties within 500. She displayed slides (Exhibit C)
showing uses allowed in the C-3 (Commercial Business) Zone District and asserted most are not
compatible with existing and future land uses in the area. She shared, per the Development
Review staff, the proposed access is onto CR 19, which meets the criteria for a COZ, is under the
jurisdiction of the Town of Firestone, and will require an access permit. Ms. Aungst summarized
her presentation by stating the COZ is not consistent with Fort Lupton's Comprehensive Plan, the
Town of Firestone's Master Plan, or the Weld County Comprehensive Plan. She entered the
favorable recommendation of the Planning Commission into the record as written, reiterated
Planning staff's recommendation of denial and displayed images of the site and surrounding
views.
Lauren Light, Department of Public Health and Environment, stated the Central Weld County
Water District provided a "will serve" letter for water, and a septic system will need to be installed
when the site is developed.
Bob Choate, Coan, Payton and Payne, LLC, represented the applicant, stated Black Foot
Properties, LLC, is under contract to purchase the subject property, and noted that Elevated
Excavating is their project partner. He described this project as being a "shovel ready" site for
businesses such as landscaping, excavating, and equipment storage, that have difficulty finding
sites for their businesses, due to availability and cost. Mr. Choate argued the site is located in an
Opportunity Zone due to its proximity to a collector/arterial intersection and stated Opportunity
Zones are areas encouraged to rezone to commercial or industrial. He relayed the site is ideal,
due to the proximity to available public water and a paved, arterial road (CR 19). He highlighted
that the Town of Firestone, which has jurisdiction over CR 19, had no objections to the proposed
COZ, and asserted the site is near land zoned as Commercial Office, the most intense use
identified by the Town of Firestone. He referenced an image of the Fort Lupton Zoning Map, and
Fort Lupton Future Land Use Maps (Exhibit D), and asserted he believes the City of Fort Lupton
is pro -development, but they want all properties to be annexed into the City, which Ms. Aungst
mentioned the applicant does not wish to do. Mr. Choate stated annexation would require
contiguity with the limits of the City of Fort Lupton, which would require the applicant to annex
most or all of his property, which he is not willing to do. He displayed a map of the oil and gas and
USRs in the area, asserting there is a lot of development, including a dairy composting facility,
and stated the smell of said facility would discourage any possible residential development in the
area. = He explained USRs are conditional uses, approved in the A (Agricultural) Zone District,
and are considered temporary uses, but argued some are permanent, like the above mentioned
dairy composting facility. He reiterated there were no objections from the Town of Firestone,
mentioned no neighbors appeared at the Planning Commission to object, and noted the prior
owner sold off the water and minerals rights and the property has a multitude of easements, which
will limit how the property can be used, even if it is rezoned to commercial. In response to
Commissioner Saine, Mr. Choate restated the property owner is not willing to annex into the City
of Fort Lupton, asserted the City cannot provide municipal services, and reiterated no surrounding
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properties have raised concerns. Responding to Commissioner Ross, Mr. Choate reiterated the
property owner is not interested in annexation and provided his understanding of why the property
owner is contractually prohibited from annexing into the City of Fort Lupton. Commissioner Ross
stated the Board needs to respect the Memorandums of Understanding (MOUs) and
Intergovernmental Agreements (IGAs) in place and asserted the request to approve the COZ pits
the Board against the involved municipalities. Mr. Choate stated the Board still retains the
discretion and jurisdiction to approve the COZ and relayed there is no real reason a property
owner would want to annex into any municipality with no benefit to said owner.
No public testimony was offered concerning this matter.
al In response to Commissioner Saine, Mr. Choate showed on a displayed map the closest
property annexed into the City of Fort Lupton, which is just north of CR 14. The Board reviewed
the Conditions of Approval and made no changes.
In response to Chair Freeman, Mr. Choate indicated he had, on behalf of PV East, LLC,
reviewed, and agreed to abide by, the Conditions of Approval, as presented.
WA Commissioner Saine moved to approve the request of PV East, LLC, for Change of Zone,
COZ23-0003, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone
District, based on the recommendation of the Planning Commission, with the Conditions of
Approval, as presented. The motion was seconded by Commissioner Buck, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:50 a.m.
This Certification was approved on the 1st day of November, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dittids)
Weld County Clerk to the Board
Deputy Clerk to the Boa
Mikman, Chai
Lori Saine
ck, Pro-Tem
tt K. Ja
Kevin D. Ross
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