HomeMy WebLinkAbout20233651.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE,COZ23-0001,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 23rd day of August,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,for Change of Zone,COZ23-0001,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:
Tract 2 of Pradera Vista East Tracts;being part of
the SW1/4 of Section 15, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing,the Board reviewed the request of the staff for a continuance
and,having been fully informed,continued the matter to December 20,2023,at 10:00 a.m.,to
allow the case to be heard by the Planning Commission on December 5,2023,and
WHEREAS, on December 20, 2023, the applicant was present and represented by
Bob Choate,Coan,Payton and Payne,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 inconclusive 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 23-2-40.6 of the Weld County Code as follows:
A. Section 23-2-40.B.1 —The proposal is consistent with the policies of
Chapter 22 of the Weld County Code;if not,then the zoning of the property
under consideration is faulty, or that changing conditions in the area
warrant a Change of Zone.The Board finds the proposal is consistent with
Chapter 22 of the Weld County Code,as the site is in an area identified as
an Opportunity Zone,per the Weld County Comprehensive Plan.
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Carly Kopec,Clerk and Recorder,Weld County,CO p,'Z/p7/2 11 2023-3651
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CHANGE OF ZONE(COZ23-0001)-PV EAST,LLC
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B. Section 23-2-40.6.2—The uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses.The Board found the Change of Zone is compatible
with the surrounding land uses,citing an adjacent site to the west that was
recently changed from the A (Agricultural) to the C-3 (Business
Commercial)Zone District.
C. Section 23-2-40.B.3—Adequate water and sewer service can be made
available to serve the site. The applicant shall demonstrate, prior to
issuance of Building Permits on the site,that water and sewer services are
available at the site and are adequate and appropriate to meet the
development requirements.The Central Weld County Water District and
an On-site Wastewater Treatment System will serve the site when
developed.A"Will Serve"Letter was provided by the Central Weld County
Water District on December 8,2022,and a referral response was received,
dated April 5,2023,indicating no comments or concerns.
D. Section 23-2-40.6.4-Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
Zone District.Per the referral dated March 16,2023,from the Department
of Planning Services—Development Review,County Road 20 meets the
criteria specified for a Change of Zone,in that it is a paved,local 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,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 23-2-40.B.5.b—The proposed rezoning will not permit the
use of any area known to contain a Commercial Mineral Deposit,
as defined by State statutes,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
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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 23-2-40.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,such limitations will be
addressed by the applicant and/or the applicant's successors or
assigns, prior to development of the property. The Natural
Resources Conservation Services (NRCS) Soil Survey, dated
December 7,2022,and June 12,2023,indicated 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 soil is
identified as"Farmland of statewide importance",which makes up
18.6% of the site. The other 58% of soils located onsite are
identified as"Farmland of local importance.All three(3)soil types
onsite are considered farmland of importance in some degree,per
the Natural Resources Conservation Services(NRCS)Soil Survey.
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,COZ23-0001,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 April 11,2023.Evidence of such
shall be submitted,in writing,to the Weld County Department of Planning
Services.
B. The applicant shall enter into a Pre-annexation Agreement with the City of
Fort Lupton.This Agreement shall be between the City of Fort Lupton and
the applicant, and Weld County will not take part in said Agreement.
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 Weld County 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.
D. The applicant shall acknowledge the comments of the Fort Lupton Fire
Protection District,as stated in the referral response,dated March 20,
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2023.Evidence of such shall be submitted,in writing,to the Weld County
Department of Planning Services.
E. The Change of Zone plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ23-0001.
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) 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 the future and existing
right-of-way (along with the documents creating the existing
right-of-way)and the physical location of the road on the plat.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
Section 23-1-90,the required setback is measured from the future
right-of-way line.This road is maintained by Weld County.
5) The applicant shall show and label the proposed access point onto
County Road 20 and the usage type(Commercial).Development
Review will review the access location as a part of the plat
submittal.
6) The following notes shall be delineated on the Change of Zone plat:
a. 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 Chapter 23,Article III,Division 3 of the Weld
County Code,as amended.
b. Any future structures or uses onsite must obtain the
appropriate Zoning and Building Permits.
c. 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
have been adopted by Weld County: 2018 International
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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.
d. Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Fee
Impact, County Facility Fee, and Drainage Impact Fee
Programs.
e. 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.
f. Access on the site shall be maintained to mitigate any
impacts to the public road,including damages and/or off-site
tracking.
g. 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.
h. Any work that may occupy and/or encroach upon any
County rights-of-way or easement shall require an approved
Right-of-Way Use Permit,prior to commencement.
i. The historical flow patterns and runoff amounts will be
maintained on the site.
j. Water service may be obtained from the Central Weld
County Water District.
k. 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.
I. 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.
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Carly Koppel,Clark and Recorder,Wald County,CO 2023-3651
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m. 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.
n. 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 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 Permits shall be issued,and no use shall
commence on the property,until the plat is recorded.
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Carly Kappa.,Clark and Recorder,Wald County,CO
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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.
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 20th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: d„ma GI`E./ j
G Mike eman,Chair
Weld County Clerk to the Board
Perry L.B -Tem
B ,�l�hGi�TZ-�-
Deputy Clerk to the Board
Scott K.James
AP"' ED,:'F.''M:
/ D.Ross
County Attorney I �1
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1 e
Date of signature:
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Carly Koppaa,Clark and Racordar,Wald County CO
NPIICu.M.1111.1041411VAlli cii# Bill 2023-3651
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