HomeMy WebLinkAbout20233034.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ23-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - PV EAST, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 18th day of October, 2023, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of PV East, LLC,
5745 Waverley Avenue, Firestone, Colorado 80504, requesting a Change of Zone, COZ23-0003,
from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District for a parcel
of land located on the following described real estate, to -wit:
Part of the SW1/4 of Section 15, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Bob Choate, Coan, Payton and Payne,
LLC, 1711 61st Avenue, Suite 100, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.8.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-4-10.B states: "Comprehensive Plan Compatibility:
Weld County Opportunity Zones." The subject properties are within
a Weld County Opportunity Zone. Per the Functional Classification
Map (Code Ordinance #2017-01), County Road 19 (CR) is
classified as an arterial road and CR 20 is classified as a collector
road. The Weld County Comprehensive Plan states Opportunity
Zones are within one-half (1/2) mile of a collector/arterial
intersection.
2) Section 22-3-30.B.4 states: "Pursue Coordinated Planning
Agreements with all municipalities within the County." The site is
4931039 Pages: 1 of 9 Cc•.PL(TP/HN/Mul/DA))cA(B8),
11/13/2023 11:17 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO 14PPL •
IIIII NMEICI 'IINVI NdllatICINICIMWIlid till (t/2Ob..3
2023-3034
PL2890
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 2
located within the Coordinated Planning Agreement (CPA) areas of
the 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 stated 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 of
Firestone. 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 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 CR 19 as "Mixed Use", with a
small portion on the corner of CR 19 and CR 20 designated as
"Commercial Office".
According to the Town of Firestone's Master Plan: Mixed Use areas
should provide for a significant portion of the area to be 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. Mixed Use is not a Zone District
for the Town of Firestone, therefore, no specific uses are listed in
the Town of Firestone'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 may be more intense than Mixed
Use or Commercial Office.
The Town of Firestone and City of Fort Lupton have a Coordinated
Planning Agreement that identifies CR 19 as the dividing line
between the two municipalities, therefore, the Town of Firestone will
annex land west of CR 19 and City of Fort Lupton will annex land
east of CR 19.
The City of Fort Lupton returned a NOI Form, dated May 2, 2023,
which stated they are interested in annexation; however, the
applicants have indicated they do not wish to annex and want to
move forward with the proposed C-3 (Business Commercial)
Change of Zone. The City of Fort Lupton is interested in discussing
options with the applicants. The City of Fort Lupton's 2020 Future
Land Use Map identifies the area east of CR 19 as Agricultural and
Rural Residential.
4931059 Pages: 2 of 9
11/15/2023 11:17 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
VIII �I1 �i l�4h'Wh�'I��Yti�GI�'RtiR�h'� eC I' I rM144,1I II1
2023-3034
PL2890
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 3
B. Section 23-2-40.B.2 — The uses which will 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). CR 19 has been annexed into the Town of Firestone. The
lands in all directions are primarily rural residential/agricultural.
Xcel Energy, Public Service Company of Colorado, stated in the referral
response dated July 7, 2023, that there is an existing high-pressure, natural
gas, transmission pipeline in a 50 -foot easement (Reception No. 2431364)
and associated land rights on these properties. Public Service stated that
an engineering review is necessary prior to any final approval of the
development plan.
There are 18 USRs within one (1) mile of the site. Amended USR-1120, for
an agricultural service equestrian center; USR-1063, for a 24 -inch natural
gas line; USR-710, for a dog kennel up to 200 dogs; USR13-0049, for a
16 -inch 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;
and 1MUSR17-14-0015, 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 response, dated August 25, 2023, with no concerns. The
Town of Firestone returned referral responses, dated June 15, 2023, and
August 16, 2023, which listed 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 and that the site is designated as Agricultural
and Rural Residential in their Future Land Use Planning Map, adopted in
2019.
Weld County's C-3 (Business Commercial) Zone District allows uses that
will 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 (3) parcels, under the existing ownership, would have the ability
to annex into the City of Fort Lupton based on the contiguity to CR 20. Once
the properties are sold, the two (2) parcels under the review of
COZ23-0003 (#131115300003 and #131115300005), 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 the Town of Firestone. This creates
4931059 Pages: 3 of 9
11/15/2023 11:17 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
1111 MINIM k1110,11111
2023-3034
PL2890
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 4
potential issues for owners that may want to annex into the City of Fort
Lupton in the future. The City of Fort Lupton stated they 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 the subject site is rezoned.
The Department of Planning Services sent notice to seven (7) surrounding
property owners within 500 feet of the subject parcel and no responses
were received.
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. The Central Weld County Water District (CWCWD) will serve the
site for potable water and an On -site Wastewater Treatment
System (OWTS) will serve the site for sewage disposal, when developed.
Two (2) "Will Serve" letters were provided by CWCWD on May 8, 2023,
and CWCWD returned a referral response, dated June 27, 2023, which
stated no concerns.
D. Section 23-2-40.B.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 response from the Department of Planning
Services — Development Review, dated June 16, 2023, this portion of
CR 19 is a paved road and is under the jurisdiction of the Town of
Firestone. CR 19 meets the criteria specified in Section 23-2-30.A.4 and
Section 23-2-40.B.4 for a Change of Zone, in that it is a paved road.
E. Section 23-2-40.B.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 23-2-40.B.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
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 23-2-40.B.5.b — 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
4931059 Pages: 4 of 9
11/15/2023 11:17 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
1111 Wird (elditlfIli' thMOCYIQN MIL III
2023-3034
PL2890
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 5
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, stated 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 is
economically viable. The applicant identified the mineral lessees,
per a report from Zeren Land Services, dated April 17, 2023. The
Sand and Gravel Map, prepared by the Colorado Geologic Survey
in 1975, and accepted by Weld County, does not designate any
economic deposits on the subject parcels.
3) Section 23-2-40.B.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, indicated 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, consists 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, is considered farmland
of importance, in some degree.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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 on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
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.
B. The applicant shall acknowledge the comments of the Weld County
Department of Oil and Gas Energy, as stated in the referral responses,
4931059 Pages: 5 of 9
11/15/2023 11:17 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
2023-3034
PL2890
VIII IMFJKI fh G4L I4CM QILI:MINEIVAivi iI II
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 6
dated June 21, 2023, and August 15, 2023. Evidence of such shall be
submitted, in writing, to the Weld County 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.
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.
E. The applicant shall acknowledge the comments of the Town of Firestone,
as stated in the referral responses, dated June 15, 2023, and August 16,
2023. Evidence of such shall be submitted, in writing, to the Weld County
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.
G. The Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ23-0003.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat.
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, as well as the access
point onto CR 19 and the usage type (commercial).
H. 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 Ill, Division 3 of the Weld County Code, as amended.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
4931039 Pages: 6 of 9
11/15/2023 11:17 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII NU��II�ZI�� �I�h'�I��'IMMINI��N�J �YVuilti BM
2023-3034
PL2890
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 7
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.
4) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
5) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
6) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
7) The historical flow patterns and runoff amounts will be maintained
on the site.
8) Water service may be obtained from the 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.
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
4931059 Pages: 7 of 9
11/16/2023 11:17 AM R Fee:$0.00
Carly KOppes, Clerk and Recorder, Wald County , CO
VIII INFACINti'KI1'0 kJ' 1I 111
2023-3034
PL2890
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 8
Standards stated herein, and all applicable Weld County
regulations.
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. Oftentimes, 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 the Department
of Planning Services. The Mylar plat and additional requirements shall be
submitted within 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 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.
4931059 Pages: 8 of 9
11/15/2023 11:17 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
lilt NPII M'C IIMM141 r1,1 Leh i0L0Y0, 11111
2023-3034
PL2890
CHANGE OF ZONE (COZ23-0003) - PV EAST, LLC
PAGE 9
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 $50.00 recording continuance fee shall be
added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
`„�,/ fok
Weld County Clerk to the Board
t(i ail_ v.)
Deputy Clerk to the Board
Mike eman, Chair
erryy. BPro-Tem
K. James
AP :$VEO FORM:
oun y Attorney
lL
Date of signature: t 123
4931959 Pages: 9 of 9
11/15/2023 11:17 AM R Fee:$0.00
Carly Koppas, Clerk and Reoordar, Weld County , Co
itiI �rAI:li o, I ill
2023-3034
PL2890
Hello