HomeMy WebLinkAbout20233665.tiff HEARING CERTIFICATION
DOCKET NO.2023-40.B
RE: CHANGE OF ZONE,COZ23-0001,FROM THE A(AGRICULTURAL)ZONE DISTRICT
TO THE C-3(BUSINESS COMMERCIAL)ZONE DISTRICT-PV EAST,LLC
A public hearing was conducted on December 20,2023,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
Deputy County Attorney,Karin McDougal
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 July 12,2023,and duly published July 14,
2023,in the Greeley Tribune,a public hearing was conducted on August 23,2023,to consider
the request 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.At said hearing the Board continued the
matter to December 20,2023,to allow the case to be heard by the Planning Commission on
December 5,2023.Karin McDougal,Deputy County Attorney,made this a matter of record.
Diana Aungst,Department of Planning Services,presented a brief summary of the proposal
and stated staff is recommending denial, as they feel the plan is not compatible with the
surrounding area,the Weld County Comprehensive Plan,or the Future Land Uses,as designated
by the City of Fort Lupton.She relayed the site is located within a Weld County Opportunity Zone,
the as well as the Town of Firestone and City of Fort Lupton's Coordinated Planning Agreement
(CPA)areas.She mentioned notice was sent to ten(10)surrounding property owners(SPOs),
which resulted in one(1)letter of support being received,and she shared,per the Development
Review staff, there will be one(1) access onto County Road (CR)20. She described the
surrounding zoning is primarily A(Agricultural),with the exception of the property to the west,that
was recently changed by the Board,and is now zoned C-3(Business Commercial).Ms.Aungst
displayed the Opportunity Zone map and described the criteria for the Opportunity Zone.She
displayed a map depicting 19 USRs within one(1)mile of the site and a list of the Uses by Right
allowed in the C-3(Business Commercial)Zone District.She mentioned the site is within the three
(3)mile referral area of the Town of Firestone and the City of Fort Lupton,noting the Town of
Firestone had no concerns,and the City of Fort Lupton expressed C-3(Business Commercial)
Zoning is not consistent with their current Comprehensive Plan,therefore,they were not in
support of the Change of Zone.She reiterated that Planning Staff found the proposal is not
consistent with Weld County Code Sections 23-2-30.A.1 and 23-2-30.A.2,and she entered the
inconclusive recommendation of the Planning Commission into the record, as written. She
Pt.(ER/MN/M(4) 2023-3665
02/0-1/24 PL2877
HEARING CERTIFICATION-PV EAST,LLC(COZ23-0001)
PAGE 2
referenced two(2)emails(Exhibits E and F),received from the applicant and the City of Fort
Lupton,on December 18,2023,regarding the City of Fort Lupton updating their referral response
to be in support of the Change of Zone,due to a possible Pre-annexation Agreement between
the two(2)parties.She displayed images of the site and surrounding views,and in response to
Commissioner James,Ms.Aungst confirmed the site is within an Opportunity Zone.
El Lauren Light,Department of Public Health and Environment,stated the Central Weld County
Water District(CWCWD)and a commercial septic system may serve the site when it is developed.
Bob Choate,Goan,Payton and Payne,LLC,represented the applicant and presented a
PowerPoint presentation(Exhibit H).He stated the southern portion,and majority of site,is in the
Weld County Opportunity Zone and relayed most of the development will happen in the southern
portion,due to oil and gas encumbrances in the northern portion.He referenced Exhibit E,an
updated referral response from the City of Fort Lupton,and reiterated the property adjacent,and
to the west,was recently approved as C-3(Business Commercial).He displayed the City of
Firestone's Urban Growth Boundary Map,relayed they own the road,but have no interest in the
east side of CR 19,and displayed the City of Fort Lupton's Future Land Use Maps.He stated
there is potential for a future Sub-area Plan in this area,asserting that is one(1)of the reasons
the City of Fort Lupton updated their referral response to support the Change of Zone.Mr.Choate
highlighted two(2)key points of the Pre-annexation Agreement as being:1)the ability for the
applicant to annex into the City of Fort Lupton further down the road, versus immediately,
and 2)the City of Fort Lupton's ability to limit the uses allowed on the site,which would be
enforced solely by the City of Fort Lupton,not Weld County.He displayed a map depicting the
USRs and active oil and gas wells in the area,mentioned there is no water or mineral interests
associated with the property and stated the Change of Zone would result in the highest and best
use of the property.
IE Todd Hodges,City of Fort Lupton,stated the City of Fort Lupton is working with several
municipalities on the corridor in this area,confirmed the City supports the Change of Zone,with
the Condition of Approval(COA)requiring the Pre-annexation Agreement to be in place,and
relayed that water is available in the subject area through the CWCWD.Commissioner James
acknowledged conversations that had taken place regarding a future Sub-area Plan,but affirmed
no such plan has been codified by the Board.Responding to Commissioner James'question
regarding the trigger for annexation,Mr.Hodges asserted the site could be developed"today,"if
desired,depending on the needed services,but he was not able to identify an exact trigger.
El Ms.Aungst read aloud the proposed language regarding the Pre-annexation Agreement and
Tom Parko,Director of the Department of Planning Services,added Weld County not a party to
the Pre-annexation Agreement and will not limit allowed uses if the Change of Zone is approved.
After discussion among the Board, staff, legal counsel, and the applicant, regarding the
Agreement,the Board agreed to the aforementioned change and made no other changes to the
Resolution.
e'''Regarding Weld County Code Section 23-2-40.6.1,Commissioner James stated the Change
of Zone is consistent with Chapter 22 of the Weld County Code because the subject site is in an
area identified as an Opportunity Zone in the Weld County Comprehensive Plan.Regarding
2023-3665
PL2877
HEARING CERTIFICATION-PV EAST,LLC(COZ23-0001)
PAGE 3
Section 23-2-30.B.2,he found the Change of Zone is compatible with the surrounding land uses,
as the site adjacent and to the west is also zoned C-3(Business Commercial).He cited staff's
findings in support of the other Change of Zone criteria.
=`'No public testimony was offered regarding changes made to the Conditions of Approval.
In response to Chair Freeman,Mr.Choate indicated,he had,on behalf of the applicant,
reviewed,and agreed to abide by,the Conditions of Approval,as amended.
El Commissioner James moved to approve the request of PV East,LLC,for Change of Zone,
COZ23-0001,from the A(Agricultural)Zone District to the C-3(Business Commercial)Zone
District, with the Conditions of Approval, as amended. The motion was seconded by
Commissioner Saine,and it carried unanimously.There being no further discussion,the hearing
was completed at 1:09 p.m.
This Certification was approved on the 3rd day of January,2024,by the newly nominated and
approved Board of Commissioners for 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: W� .J
Mike Freeman,Chair
Weld County Clerk to the Board
-l Perry .Buc Pro-Tem
BY��Q� ��u.��
Deputy Clerk to the Board
11114 Scott K.Jam
fi
rovin D.Ross
• *j,ti•\,,"Lori Saine
2023-3665
PL2877
ATTENDANCE LIST
It-?O'C5
NAME-PLEASE PRINT
ADDRESS(CITY,STATE al.)
EMAIL COUNTY OF SPEAKER
RESIDENCE (YM)?
�
t'al � rKI ,
7750 � *� 1.�
rl Jvl /fad I- � � AJ
a i
Cos Q��}4,,� F.G..k► co da.�;4�6.43.,G.4+.44 .4 Ai G.tgIr 7 r.. weld /V
h°Gl ��s�7/1Er�irsxw orci ca ti
.b Cl.. . Co c .,
(9(6('`Sr.ft,i u
P� ��.c,,.a� 0 ;(2, Fella.
Cp��.G/a t Z l a.,i.c..sc G0.,
�u r lvdd y
N t� st. u^ �1
Hello