HomeMy WebLinkAbout20233035.tiffRESOLUTION COZ23-0003
PV East, LLC
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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 City of Fort Lupton's 2020 Future Land Use Map identifies the area east of County Road 19 as
Agricultural and Rural Residential
B 23-2-30 A 2 — The uses which would be allowed on the subject property by granting the Change of
Zone will be compatible with the surrounding land uses
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
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, 1 MUSR17-14-0015, MUSR13-
0017 and USR18-0029 for mineral resource development facilities
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 "
It is anticipated that the Fort Lupton Comprehensive Plan and Future Land Use Map will be updated
when this property is rezoned
The Department of Planning Services sent notice to seven (7) surrounding property owners within
500 -feet of the subject parcel No responses were received
RESOLUTION COZ23-0003
PV East, LLC
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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
1) Section 23-2-30 A 5 a —If the proposed Change of Zone is located within any Overlay Distnct
identified by maps officially adopted by the County, that the applicant has demonstrated
compliance with the County regulations concerning Overlay Distncts Comphance may be
demonstrated in a previous public hearing orin 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 wi l not permit the use of any area known to
contain a commercial mineral deposit m 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 pnor to the development of the property
RESOLUTION COZ23-0003
PV East, LLC
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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
Should the Planning Commission 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)
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)
RESOLUTION COZ23-0003
PV East, LLC
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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 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) 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
RESOLUTION COZ23-0003
PV East, LLC
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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
Motion seconded by Pamela Edens
VOTE
For Approval
Elijah Hatch
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Barney Hammond
Against Approval
Skip Holland
Virginia Guderjahn
Absent
Shana Morgan
RESOLUTION COZ23-0003
PV East, LLC
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The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings
Certification of Copy
1, 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 October 3, 2023
Dated the 3rd day of October 2023
ere, cx° u>am_
Michelle Wall
Secretary
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 reviewed Fort Lupton and Firestone's future land use maps in his slideshow
presentation He said the property is close to 1-25 and Highway 85, it has public water availability, there is
plenty of room for septic Mr Choate feels the Comprehensive Plan has been met
Mr Choate feels the proposed project is compatible with the area There are several oil and gas facilities,
there is a Class 1 Compost Facility, natural-gas pipeline and many other USRs in the area
The Chair asked Mr Choate where the nearest neighbor lives Mr Choate said there is a property that is
adjacent to the south Mr Hatch asked Mr Choate if he was aware of any services or benefits that Fort
Lupton would be providing the applicant to annex with them Mr Choate replied that he was not aware of
any
Commissioner Holland asked if the compost facility was active and if it was a public facility Mr Choate
said it is active but privately owned
The Chair asked Staff if the County looks poorly on flagpole annexations Ms Aungst replied that the State
has rules on flagpole annexations, and they make the decision
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement with the
Development Standards and asked the Planning Commission to make findings that the application is in
compliance with the Comprehensive Plan and compatible with the surrounding land uses
Motion Forward Case COZ23-0003 to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Pamela Edens
Vote Motion passed (summary Yes = 6, No = 2, Abstain = 0)
Yes Barney Hammond, Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens
No Skip Holland, Virginia Guderjahn
Commissioner Palizzi stated that he feels the applicant meets the requirements of the "Opportunity Zone "
He said he agrees with Mr Choate's interpretation that the Town of Fort Lupton does not intend to have
the border of their future land use map zoned agricultural Mr Palizzi feels it would be a good idea to
research how Fort Lupton updates their future land use map
Commissioner Hammond said he thinks the application is consistent and compatible with the surrounding
area He feels it is overreach for the Town of Fort Lupton to want to annex
Commissioner Wailes feels the surrounding uses are already dictating the proposed use He feels that
the composting facility in the area has already set the pace Mr Wades said both Comprehensive Plans
of both Firestone and Fort Lupton are important to look at Firestone plans for that area for urban growth,
and he agrees with Mr Choate's interpretation that Ft Lupton's future planning map shows agricultural
because that is what it is currently zoned
Commissioner Edens said she agrees for the same reasons that have already been stated
Commissioner Holland said he believes there is significant conflict between the two municipalities He
also feels that the composting facility will not be a long-term use since it is privately owned
Commissioner White said he feels it is important that Weld County respects the relationships with the
municipalities He said Firestone was clear they didn't have any interest Mr White feel Fort Lupton is
spot annexing as they wish
Commissioner Hatch said he agrees with all the reasons that have been voiced He also does not see
the benefit to annexation when the Town of Fort Lupton is not able to provide services
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 No one
wished to speak
Meeting adjourned at 6 02 pm
Respectfully submitted,
4necrueee. ,,,? uki-e-
Michelle Wall
Secretary
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