HomeMy WebLinkAbout20233036.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst
Case Number: COZ23-0003
Applicant: PV East LLC c/o Richard K. Johnson
5745 Waverly Avenue, Firestone, CO 80504
Representative: Bob Demaree
1142 Judson Street, Longmont, CO 80501
Hearing date: October 3, 2023
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,
Description: Colorado
Location: East of and adjacent to County Road 19 and approximately 600 feet north of County
Road 20
Acres: +/- 76.18 acres Parcel #s: 1311-15-3-00-003
1311-15-3-00-005
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 July 13, 2023
➢ Colorado Parks and Wildlife, referral dated June 26, 2023
➢ Xcel Energy, Public Service Company, referral dated July 7, 2023
➢ Town of Firestone, referrals dated June 15, 2023 and August 16, 2023
➢ State of Colorado, Division of Water Resources, referral dated June 15, 2023
➢ Weld County Department of Public Health and Environment, referral dated June 19, 2023
➢ Weld County Oil & Gas Energy Department, referrals dated June 21, 2023 and August 15, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated June 16, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Frederick, referral dated August 25, 2023
➢ Weld County School District RE -8, referral dated June 21, 2023
➢ Weld County Sherriff's Office, referrals dated June 13, 2023 and August 15, 2023
➢ Central Weld County Water District, referrals dated June 27, 2023 and August 29, 2023
The Department of Planning Services' staff has not received referral responses from the following agencies:
➢ Kerr-McGee Gathering
➢ Longmont Conservation District
➢ Fort Lupton Fire Protection District
➢ Occidental Petroleum Corporation
COZ23-0003 PV East LLC
Page 1 of 8
Narrative
The applicant is requesting to rezone the subject properties 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 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 22-4-10.B. — states: "Comprehensive Plan Compatibility: Weld County Opportunity
Zones."
The subject properties are incorrectly shown as being located within a Weld County Opportunity
Zone. Opportunity Zones are defined as being within one-half mile of an intersection of an arterial
and a collector road. Per the Functional Classification Map (Code Ordinance 2017-01) County
Road 19 is classified as and an arterial road and County Road 20 is classified as a collector road
to the west of County Road 19 but to the east of County Road 19 County Road 20 is classified
as a local road. The intersection of the arterial and collector roads triggered the depiction of an
Opportunity Zone as a full circle with a radius of one-half mile. However, the collector road
(County Road 20) only extends west of County Road 19 and east of County Road 19 is a local
road therefore the Opportunity Zone should be depicted as a semi -circle on the west side of
County Road 19. The subject property is located on the east side of County Road 19.
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 the City of Fort Lupton. The Town of Firestone returned a Notice of Inquiry (NOI) form dated
June 15, 2023, which states that the Town is not interested in annexation of the site but that, "CR
19 is annexed to and controlled by the Town of Firestone. As such, any new access or change in
use of the existing access requires an Access Permit issued by the Town, Conditions for approval
of an Access Permit may include (but are not limited to) dedication and annexation of additional
right-of-way and construction of Public Improvements including (but again not limited to) widening
of CR 19."
The Town of Firestone's Master Plan dated 2013 identifies the vacant properties west of and
adjacent to County Road 19 as "Mixed Use" with a small portion on the corner of County Road 19
and County Road 20 designated as "Commercial Office".
According to the Town's Master Plan:
"Mixed Use areas should provide for a significant portion of the area dedicated to
retail commercial, office or employment uses. These Mixed -Use areas can, on a
local scale, accommodate the concepts of "new urbanism" providing places where
people can live, work, recreate, and shop for goods and services."
COZ23-0003 PV East LLC
Page 2 of 8
Mixed Use is not a zone district for the Town and therefore no specific uses are listed in the Town's
Code. Generally, however, Mixed Use zones include neighborhood commercial uses like daycares,
gas stations, and coffee shops along with houses and apartments. The C-3 (Business Commercial)
Zone District for Weld County allows for restaurants and childcare centers as well as commercial
storage buildings, distribution centers, outdoor storage, lumberyards, and other uses that are more
intense than Mixed Use or Commercial Office and therefore this rezone proposal is not compatible
with the Town's Master Plan.
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 annex land west of County Road 19 and City of Fort Lupton will annex land east
of County Road 19.
The City of Fort Lupton returned a NOI Form dated May 2, 2023, which stated that the City is
interested in annexation and that, "The applicants have indicated they do not wish to annex and
want to move forward with the proposed C-3 Change of Zone. The City is interested in discussing
options with the applicants." The questionnaire provided by the applicant stated that Fort Lupton is
in the process of re-evaluating their comprehensive plan and is considering commercial for this
area. The Department of Planning Services has not received any statements from the City that
support this statement.
The City of Fort Lupton's 2020 Future Land Use Map identifies the area east of County Road 19
as Agricultural and 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.
According to 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." Furthermore, Section 19-12-30 of the Weld County Code, states, in part, "The
purpose of this CPA is to establish procedures and standards pursuant to which the parties will
move toward greater coordination in the exercise of their land use and related regulatory powers
within unincorporated areas surrounding Municipality. The objectives of such efforts are to
accomplish the type of development in such areas which best protects the health, safety, prosperity
and general welfare of the inhabitants thereof, and to achieve maximum efficiency and economy in
the process of development."
The proposed Change of Zone is not consistent with City of Fort Lupton's comprehensive plan
designation of Agricultural and Rural Residential or the Town of Firestone's Master Plan
designation of Mixed Use and Commercial Office. Rezoning these two (2) properties to C-3
(Business Commercial) is not supported by the land use goals and objectives of the adopted 2020
Weld County Comprehensive Plan as the uses allowed in the proposed Business Commercial zone
are not compatible with the neighborhood or the region. The site is not currently suitable for
commercial development and the property owner has the opportunity to pursue annexation into the
City of Fort Lupton when the time is appropriate.
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.
Xcel Energy, Public Service Company of Colorado stated in their referral dated July 7, 2023, that
there is an existing high-pressure natural-gas transmission pipeline within a 50' easement
(reception number 2431364) and associated land rights on these properties. Public Service has
stated that an engineering review is necessary prior to any final approval of the development plan.
COZ23-0003 PV East LLC
Page 3 of 8
There are eighteen (18) USRs that have been permitted within one (1) mile of the site. Amended
USR-1120 for an agricultural service equestrian center, USR-1063 for a 24" natural gas line, USR-
710 for a dog kennel up to 200 dogs, USR13-0049 for a 16" natural-gas pipeline, SUP -316 for a
natural gas compressor station, 1MUSR17-13-0028 for a mineral resource development and
processing facility, USR-1408 and USR-812 for second single-family residences, 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 -118 and SUP -62 for non -operational turkey
farms, USR-331 and Amended SUP -238 for compressor stations, 1MUSR17-14-0015, MUSR13-
0017 and USR18-0029 for mineral resource development facilities.
USRs are approved in the Agricultural Zone as conditional uses meeting specific criteria and are
considered temporary in nature. If/when the USRs are removed the uses on the property return to
agricultural uses, whereas, if the properties were rezoned to C-3 (Business Commercial) then it will
have permanent higher -intensity uses allowed.
The site is located within the three (3) mile referral area for the Towns of Frederick and Firestone
and City of Fort Lupton. The Town of Frederick returned a referral dated August 25, 2023, with no
concerns. The Town of Firestone returned referrals dated June 15, 2023, and August 16, 2023
which state requirements for potential road improvements when development occurs on the subject
properties. The referral agency comments from the City of Fort Lupton, dated July 13, 2023, state,
"The 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. The three parcels under the existing ownership would have the ability to annex
into Fort Lupton based on the contiguity to CR 20. Once the properties are sold, then the two
parcels under this review [COZ23-0003] would not be able to annex in the future without other
properties adjacent annexing as well due to the fact that CR 19 is annexed into Firestone. This
creates potential issues for owners that may want to annex into Fort Lupton in the future. 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 Department of Planning Services sent notice to seven (7) 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 (CWCWD) will serve the site for potable water and an on -site
wastewater treatment system will serve the site for sewage disposal when developed. Two (2)
Central Weld County Water District "Will Serve" letters were provided on May 8, 2023.
CWCWD returned a referral dated June 27, 2023, with no 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 June 16, 2023, from the Department of Planning Services — Development
Review, this portion of County Road 19 is a paved road and is under the jurisdiction of the Town of
Firestone. County Road 19 meets the criteria specified in Section 23-2-30.A.4 and Section 23-2-
40.B.4. for Change of Zone in that it is a paved road.
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:
COZ23-0003 PV East LLC
Page 4 of 8
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 Mineral Resource Statement
prepared by Earth Engineering Consultants, LLC, dated May 11, 2023, states that "...critical
mineral resources are not inferred on the property, and mineral resources do not appear as an
economic resource. Resources of oil, gas, and coal appear possible and could be further
explored to determine if extraction of those resources are economically viable." The applicant
identified the mineral lessees per the report from Zeren Land Services dated April 17, 2023.
The Sand and Gravel Map prepared by Colorado Geologic Survey in 1975 and accepted by
Weld County does not designate any economic deposits on the subject parcels.
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 May 18, 2023,
indicates that 6% of the site consists of Olney loamy sand (1-3% slopes) which is considered
"Farmland of statewide importance" and 44.9% of the site consists of Vona loamy sand soils,
(0-3% slopes) which is considered "Farmland of local importance". The remainder of the site,
approximately 38 acres, consist of Vona loamy sand soils (3-5% slopes and 5-9% slopes)
which are rated as "Not prime farmland". About half of the site, 39.3 acres, are considered
farmland of importance in some degree.
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 July 13, 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 June 21, 2023 and August 15, 2023. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
COZ23-0003 PV East LLC
Page 5 of 8
C. The applicant shall acknowledge the comments of the Colorado Parks and Wildlife, as stated in the
referral response dated June 26, 2023. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
D. The applicant shall acknowledge the comments of Xcel Energy, Public Service Company, as stated
in the referral response dated July 7, 2023. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall acknowledge the comments of the Town of Firestone, as stated in the referral
response dated June 15, 2023 and August 16, 2023. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall acknowledge the comments of the State of Colorado, Division of Water
Resources, as stated in the referral response dated June 15, 2023. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
G. The Change of Zone plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ23-0003. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.D of the Weld County Code. (Department of Planning
Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the Change of
Zone plat. (Department of Planning Services)
4. This portion of County Road 19 is under the jurisdiction of the Town of Firestone. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the
approved access(es) on the site plan and label with the approved access permit number if
applicable. (Development Review)
5. Show and label the access point onto CR 19 and the usage type (Commercial). (Development
Review)
6. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ23-0003, 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 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)
COZ23-0003 PV East LLC
Page 6 of 8
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) The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
8) Water service may be obtained from Central Weld County Water District.
9) 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.
10) Activity or use on the surface of the ground over any part of the OWTS must be restricted
to that which shall allow the system to function as designed and which shall not contribute
to compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed. (Department of Public Health and
Environment)
11) 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)
12) 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.
COZ23-0003 PV East LLC
Page 7 of 8
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.
COZ23-0003 PV East LLC
Page 8 of 8
August 11, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400 -
Fax: (970) 304-6498
Bob Demaree
1142 Judson St
Longmont, CO 80501
Subject: COZ23-0003 - 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 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 October 3, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on October 18, 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
espectfully,
Ok/k/S2Lailikea,
Diana Aungst
Planner
Hello