HomeMy WebLinkAbout20222905.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0009, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - FUSARO, 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 26th day of October, 2022, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Fusaro, LLC,
P.O. Box 192, Erie, Colorado 80516, requesting a Change of Zone, COZ22-0009, 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:
Lot B of Recorded Exemption, RE -85; being part of
the N1/2 SE1/4 of Section 2, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Kenneth Mitchell, 1142 Judson Street,
Longmont, Colorado 80501, 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.B.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-4-10.A.1, the Comprehensive Plan Map section, refers
to one (1) of the two (2) main components for siting preference of
rezonings and subdivisions. Specifically, that areas of opportunity
for commercial and industrial development are logically developed
based on transportation infrastructure of roads and railroads.
A dependable transportation corridor allows businesses to receive
and transport goods in an efficient manner, which allows companies
to lower transportation costs and increase productivity and profits.
The site is adjacent to State Highway 52, which is a
dependable transportation corridor, and by rezoning the property to
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Carly Kopp, Clark and Recorder, Wald County , CO
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CHANGE OF ZONE (COZ22-0009) - FUSARO, LLC
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C-3 (Business Commercial), a larger variety of anticipated future
uses may benefit from the nearby Highway.
2) Section 22-4-10.B, being the Weld County Opportunity Zone
criteria, states that zone changes to commercial and industrial are
preferred in select areas of the County. Specifically, within
one-half (1/2) mile of U.S. highways. This property is located within
the one-half (1/2) mile buffer surrounding State Highway 52,
therefore, is classified as being located within a Weld County
Opportunity Zone. As such, the Comprehensive Plan supports a
zone change in this area.
B. Section 23-2-40.6.2 — The uses which will be allowed on the subject
property by granting the Change of Zone (COZ) will be compatible with the
surrounding land uses.
The surrounding land uses are a mix of agricultural, oil and gas, rural
residential, commercial and industrial uses. The majority of the adjacent
surrounding properties are zoned A (Agricultural) with one (1) property,
owned by Elevated Excavating (the buyer of the subject property), zoned
C-3 (Business Commercial).
The Use by Special Review permits within one (1) mile of the site include,
USR19-0034, for semi -truck parking and USR-671, located east of the site,
for farm equipment repair. USR-695 and AMUSR-1259, located east and
southeast of the site, are for mining operations. USR-1608 and
MUSR14-0020, located southeast of the site, are for concrete batch plants.
USR-401, located northwest of the site, is for oil tanks and trucking facility,
and 1 MUSR18-89-870, located northeast of the site, is for an agricultural
service establishment.
There is one (1) Site Plan Review just east of the site, SPR12-0005. This
site is owned by Elevated Excavating (the buyer of the subject property).
The City of Fort Lupton has annexed and zoned about 96 acres north of,
and adjacent to, State Highway 52 (north of the site). The City zoning
districts include about 30 acres of A (Agricultural), 1.17 acres of C-2 (Heavy
Commercial) and 65 acres of PUD (Planned Unit Development). The PUD
includes: C-1 (General Commercial), C-2 (Heavy Commercial), R -O
(Residential and Office), and A (Agricultural) and was previously permitted
by Weld County as a construction office and shop, via USR-1375.
The Department of Planning Services sent notice to 14 surrounding
property owners within 500 feet of the subject parcel. One (1) letter was
received on September 26, 2022, stating that the land should remain
agricultural, and they do not agree with the Change of Zone because they
do not know what kind of business will be established on the site.
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Cer1Y Kopp., Clerk and Recorder, Weld County , CO
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The site is located within the three (3) mile referral area for the Cities of
Fort Lupton and Dacono and the Town of Frederick. The City of Dacono
and the Town of Frederick's referral agency comments, dated July 20,
2022, and July 21, 2022, respectively, indicated no concerns. The City of
Fort Lupton did not return referral agency comments.
The subject site is located within the City of Fort Lupton's Coordinated
Planning Agreement (CPA) boundary. As part of the pre -application
process the City of Fort Lupton was sent a Notice of Inquiry (NOI) and
returned the NOI form, dated June 6, 2022, that stated, "The City is
interested in annexation of the property; however, the property owner's
representatives have indicated that the property owner is not interested in
annexation at this time but would look at annexation in the future. The City
will review any referral provided concerning this property for land use
application submitted to Weld County for review and provide comments at
that time."
This area is designated as "Commercial Transition" and "Agriculture and
Rural Residential" on the City of Fort Lupton's Future Land Use Map,
adopted in May of 2018. The "Commercial Transition" designation identifies
potential growth areas for commercial development outside the municipal
boundaries or primary commercial districts of Fort Lupton. These areas
should support gradual, long-term commercial investment outward from the
City's urban core, including incremental transitioning of agricultural uses to
commercial development.
The "Agriculture and Rural Residential" designation allows for agricultural
and related uses, as well as low -density residential on the periphery of the
planning area, intended to preserve a generally rural character. This also
includes a variety of miscellaneous uses, such as isolated industrial
businesses and semi -rural properties, located under Estate Zoning. Given
the availability of viable land for development in more appropriate districts,
commercial or residential investment within agricultural areas should be
discouraged. This will help limit unnecessary loss of agricultural lands and
reduce the potential of suburban sprawl.
Future commercial uses will have to be approved through a Site Plan
Review or Use by Special Review process. Site Plan Review and Use by
Special Review applications are sent to referral agencies and surrounding
property owners for comments. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any
future Site Plan Reviews or Use by Special Review permits will adequately
address and mitigate potential impacts. Based on the existing uses in the
vicinity, a Change of Zone to C-3 (Business Commercial) is compatible with
the surrounding land uses.
C. Section 23-2-40.8.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
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district. The COZ application materials included a copy of an approved
industrial, irrigation and commercial water well permit, #87088-F, issued on
June 14, 2022. A new septic system is proposed for the new building.
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.
The site is south of and adjacent to State Highway 52, which provides
opportunities for commercial and industrial uses due to efficient access to
a regional transportation corridor. The site has an existing access onto
State Highway 52 that is shown on the State Highway 52 Access Control
Plan (ACP) as restricted access, changing from full access.
This portion of State Highway 52 has been annexed into the City of Fort
Lupton, but the Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to state highways. CDOT submitted an email,
dated June 14, 2022, that stated the access will be required to correlate
with the access defined by the State Highway 52 Access Control Plan and
a Traffic Impact Study, completed by a licensed traffic engineer, must be
submitted to CDOT for review and approval. CDOT also stated that any
access along State Highway 52 will require a new Access Permit
application. This includes traffic increases by 20%, or greater, at city street
and County Road intersections along State Highway 52.
Additionally, the site is west of and adjacent to County Road 23, which is
classified as a collector road on the Weld County Functional Classification
Map. There are currently two (2) oil and gas access points onto
County Road 23, and the most southern access is permitted as
AP17-00330.
The subject property is identified as 'a portion of Lot B' of Recorded
Exemption, RE -85, which was recorded on October 19, 1973, under
Reception No. 1623319. The subject property was divided along the ditch
boundary and a portion of Lot B was conveyed to the property owner on
the west side of the ditch. This was an illegal division of land, and in order
to create a legal lot the applicant is required to vacate Lot B of RE -85. This
vacation request is a Condition of Approval.
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 — The proposed Change of Zone (COZ) site
is not within any overlay district officially adopted by the County,
including A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, Municipal Separate Storm Sewer
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Carly Koppea, Clerk and Recorder, Weld County , CO
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System area (MS4), 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
of such deposit by an extractor, to any greater extent than under
the present zoning of the property. The Geologic Hazards and
Mineral Extraction Report from Earth Engineering Consultants,
LLC, dated June 30, 2022, submitted in the application materials,
indicates that no significant sand or gravel deposits are expected
on the subject property.
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 5, 2022, submitted with
the application, indicates the property contains low slope (1-3%)
Olney fine sandy loam soils and that this type of soil does not limit
the construction of dwellings or small commercial buildings. This
soil type is classified as "Prime Farmland if Irrigated (Soils
Erodibility)" and is considered well -drained soil.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Fusaro, LLC, for a Change of Zone, COZ22-0009, 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 submit a letter requesting vacation of Recorded
Exemption of RE -85.
B. The applicant shall submit a complete Site Plan Review (SPR) application
and related fee within 30 days of COZ22-0009 being approved by the
Board of County Commissioners.
C. The applicant shall provide to the Weld County Department of Planning
Services a copy of the Access Permit issued by the Colorado Department
of Transportation (CDOT).
D. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in an email dated June 14, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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Carly Kopp., Clerk and Recorder, Wald County , CO
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E. The applicant shall acknowledge the referral comments from the Fort
Lupton Fire Protection District, dated August 12, 2022. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
F. The applicant shall acknowledge the referral comments from The New
Brantner Extension Ditch Company, dated August 1, 2022. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
G. The applicant shall acknowledge the referral comments from United Power,
Inc., dated August 12, 2022. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
H. The applicant shall acknowledge the referral comments from the Weld
County Oil and Gas Energy Department, as stated in the referral response,
dated August 22, 2022. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
I. The Change of Zone plat shall delineate the following:
1) All sheets of the plat shall be labeled COZ22-0009.
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 delineated on the
plat by book and page number or Reception number.
4) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a collector road, which requires 80 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 the Colorado Department of Transportation
(CDOT) right-of-way on the plat along with the documents creating
the right-of-way.
6) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point on the plat and label with the
approved Access Permit number, if applicable.
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Carly Koppes, Clark and Recorder, Weld County , CO
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7) The applicant shall show and label the access points onto
County Road 23 and the usage types. Development Review will
review access locations as part of the plat submittal.
J. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0009, allows for C-3 (Business
Commercial) Zone District uses, which shall comply with the
requirements set forth in Chapter 23, Article Ill, Division 3 of the
Weld County Code.
2) Any future structures or uses onsite may be required to obtain
approval through a Site Plan Review or Use by Special Review and
the appropriate Zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) 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.
5) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
6) 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.
7) 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.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Water service may be obtained from an appropriately permitted
well.
10) 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.
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11) 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.
12) Building Permits may be required, for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. 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 Building Codes, 2018 International Energy Code,
2020 National Electrical Code, and Chapter 29 of the Weld County
Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report, performed by a
Colorado registered engineer, shall be required or an Open Hole
Inspection. A Building Permit must be issued prior to the start of
construction.
13) 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.
14) 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 stated herein and
all applicable Weld County regulations.
15) 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
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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. Upon approval of the plat the applicant shall
submit 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 Service. The plat shall be prepared
in accordance with the requirements of Sections 23-2-50.C and D of the Weld
County Code. 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.
3. If a plat has not been recorded within 120 days of the date of the approval of the
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.
4. 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.
5. 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.
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Carly Koppel, Clerk and Recorder, Weld County , CO
Bill
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD BOUNTY -COLORADO
ATTEST: di) lto•�
Scott
Weld County Clerk to the Board
County orney
Date of signature: l
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Carly Kopp•a, Clark and R.00rdar, Wald County , CO
ames, Chair
2022-2905
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