HomeMy WebLinkAbout20123135.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ12-0001, FROM A (AGRICULTURAL) ZONE
DISTRICT TO 1-3 (INDUSTRIAL) ZONE DISTRICT - BUTTERBALL, LLC, C/O
JL DAHLIA, 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 7th day of November, 2012, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Butterball, LLC, 1
Butterball Lane, Garner, North Carolina 27529, c/o JL Dahlia, LLC, requesting a Change of
Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District for a parcel of
land located on the following described real estate, to-wit:
W1/2 of Section 32, Township 3 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Tim Naylor, AGPROfessionals, LLC, 4350
Highway 66, Longmont, Colorado 80504, 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 request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.B.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. This site is immediately adjacent to several
properties with existing 1-3 zoning to the east. The properties currently
zoned 1-3 are as follows: Tire Mountain (3AMUSR-842), Bio Medical
Disposal (2AMUSR-918), Salvage Yard and Commercial Repair (USR-
1311), and E&P Waste Management Facility (SPR-297). Adjacent to the
site and to the northeast is an Oilfield Waste Disposal Facility (USR-
1604). Also to the northeast of the property is a proposed water depot
and Liquefied Natural Gas (LNG) facility that will be utilized by Noble
Energy.
B. Section 23-2-40.6.3 - 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. Central Weld County Water District (CWCWD) is able to serve the
property. However, CWCWD's current infrastructure is several miles
away and if the owner chooses to use this source of water, they will be
required to extend the service at their cost. There are no sewer districts or
sewer lines near the property or in the immediate area. The owner has
indicated that the property will be subdivided using the County's
Recorded Exemption process and each lot can be served with wells and
septic systems.
C. 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 districts. The property is currently being accessed from County
Road (CR) 28. According to the Department of Public Works, CR 28 is a
paved road and is classified as an arterial road. Primary access will
continue to use CR 28. County Road 39 is located to the west of the
property and is a section line road. The owner does not intend to use this
road at this time. If the owner wishes to use this road, a nonexclusive
agreement will be required.
D. 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.A.5.a — This property is not located in an overlay
district, e.g. floodplain, geo-hazard, airport, etcetera.
2. Section 23-2-40.A.5.b — This property is not suitable for sand and
gravel operations or mineral extraction, as stated in the Geology
Report prepared by Soilogic, dated April 13, 2012, and signed and
stamped by a professional engineer. The proposed change of
zone will not preclude, or prohibit, the future extraction of a
mineral deposit such as oil and gas.
3. Section 23-2-40.A.5.c — There are some pockets of soil that have
moderate limitations with a very small area designated severe.
However, most of the property has slight soil conditions that do
not need to be addressed during the Change of Zone.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Butterball, LLC, c/o JL Dahlia, LLC, for a Change
of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone Plat:
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A. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. Per Section 23-2-50.B.13 of the Weld County Code, the applicant shall
attempt to provide evidence to the Weld County Department of Planning
Services that a Surface Use Agreement (SUA) has been negotiated with
the mineral interest owner(s).
2. Prior to recording the Site Plan Review (SPR) Plat:
A. The applicant shall provide a Master Drainage Report, which adequately
addresses the requirements listed in Section 8-11-120 of the Weld
County Code.
B. An On-site and Off-site Geotechnical Soil Report shall be submitted with
the Final Plat, or Site Plan Review, that includes a preliminary pavement
design for the roads to be constructed both on-site and off-site.
C. The applicant shall submit a grading permit showing: proposed grading,
erosion control placement, typical details for all Best Management
Practices (BMPs) to be utilized, and a construction stormwater permit
from the Colorado Department of Public Health and Environment. The
permit must be stamped by a registered professional engineer licensed in
the state of Colorado. The grading permit will not be released until the
applicant has signed the improvements agreement, posted collateral, and
submitted the Site Plan Review plat.
D. The applicant shall enter into an Improvements Agreement for the on-site
and off-site work to be done. Collateral needs to be submitted to, and
accepted by, the Weld County Board of County Commissioners.
E. The applicant shall provide a detailed Traffic Study and follow the Traffic
Study checklist. Roadway improvements, including but not limited to,
improvements to roadways and intersections used for haul routes,
auxiliary lanes, widened radii, and relocation of accesses may be required
by the Weld County Department of Public Works. Once the Traffic Study
is submitted, changes to the site layout, turn lanes, or other
improvements may be required by the Department of Public Works. The
applicant should expect to fully fund the necessary roadway
improvements to mitigate for the traffic generated by this development.
F. To protect public safety and prevent off-site damages, sufficient interim
BMPs (detention, erosion, and sediment control) shall be designed,
approved, and installed prior to commencement of construction.
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G. An access permit cannot be granted at this time. Access requirements will
be determined when the Traffic Study is reviewed with the Final Plat or
Site Plan Review application.
3. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ12-0001.
B. The plat shall adhere to Sections 23-2-50.C and 23-2-50.D of the Weld
County Code.
C. All recorded easements and rights-of-way shall be shown and
dimensioned on the Change of Zone plat.
D. There is 30 feet of unmaintained County Section Line Right-of-Way along
the western edge of the property (CR 39 Section Line). The applicant
shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from
the edge of future right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County.
E. County Road 28 is designated, on the Weld County Road Classification
Plan, as an arterial road, which requires 80 feet of right-of-way at full
buildout. A total of forty (40) feet from the centerline of CR 28 shall be
indicated as "Future County Road 28 Right-of-Way." The applicant shall
verify and delineate on the plat, the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from
the edge of future right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County.
4. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for 1-3 (Industrial) uses which shall comply
with the 1-3 (Industrial) Zone District requirements as set forth in Article III,
Division 4, Section 23-3-330 of the Weld County Code.
B. Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
C. Building permits shall be obtained prior to the construction of any new
building. A plan review is required for each building. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required when applying for each permit.
D. New buildings 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: 2006 International Building Code, 2006
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International Mechanical Code, 2006 International Plumbing Code, 2011
National Electrical Code and Chapter 29 of the Weld County Code.
E. Effective April 25, 2011, building permits issued on the property will be
required to adhere to the fee structure of the County-Wide Road Impact
Fee Program.
F. Effective April 25, 2011, building permits issued on the property will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
G. 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.
H. With a Final Plat or Site Plan Review submittal, the applicant shall provide
a Master Drainage Report, which adequately addresses the requirements
listed in Section 8-11-120 of the Weld County Code.
A detailed Traffic Impact Study is required with the Final Plat or Site Plan
Review Application. Offsite roadway and/or intersection improvements
may be required.
J. Access requirements will be determined when the Traffic Study is
reviewed with the Final Plat or Site Plan Review Application.
K. Prior to recording a Final Plat or Site Plan Review Plat, the applicant shall
enter into an Improvements Agreement for on-site and off-site
Improvements. Collateral needs to be submitted to, and accepted by, the
Weld County Board of County Commissioners prior to recording of the
plat.
L. Prior to recording a Final Plat or Site Plan Review Plat, the applicant shall
submit a grading permit showing: proposed grading, erosion control
placement, typical details for all BMPs to be utilized, and a construction
stormwater permit from the Colorado Department of Public Health and
Environment (CDPHE). The permit must be stamped by a registered
professional engineer licensed in the state of Colorado. The grading
permit will not be released until the applicant has signed the
improvements agreement, posted collateral, and submitted the Site Plan
Review plat for recording.
M. An On-site and Off-site Geotechnical Soils Report needs to be submitted
prior to recording of the Final Plat or Site Plan Review that includes a
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preliminary pavement design for the roads to be constructed both on-site
and off-site.
N. To protect public safety and prevent off-site damages, sufficient interim
BMPs (detention, erosion, and sediment control)will need to be designed,
approved, and installed prior to commencement of construction.
O. A Weld County septic permit is required for the proposed business septic
system and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations. The septic system is
required to be designed by a Colorado registered engineer. The lot
owners shall verify with the nearest Town/City or Sanitation District to
determine the location of the nearest sewer line. In accordance with the
Weld County Code, if a sewer line exists within 400 feet of the property
and the sewer provider is willing to serve the proposed structure, a septic
permit cannot be granted by the Weld County Department of Public
Health and Environment.
P. Water service may be obtained from a commercially permitted well or
other approved source.
Q. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the CDPHE, Water Quality
Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system.
R. During development of the site, all land disturbances shall be conducted
so that nuisance conditions are not created. If dust emissions create
nuisance conditions, at the request of the Weld County Department of
Public Health and Environment, a Fugitive Dust Control Plan must be
submitted.
S. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of
land must incorporate all available and practical methods that are
technologically feasible and economically reasonable in order to minimize
dust emissions.
T. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six (6) months in duration, the responsible party shall prepare
a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice,
and apply for a permit from the CDPHE.
U. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-
contiguous land disturbance is greater than, or equal to, one (1) acre in
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area. The applicant shall contact the Water Quality Control Division of
the Colorado Department of Public Health and Environment at,
www.cdphe.state.co.us/wq/PermitsUnit for more information.
V. Activities such as landscaping (i.e. planting of trees and shrubs) and
construction activities (i.e. auxiliary structures, dirt mounds, etc.) are
expressly prohibited in the designated absorption field site.
W. The Weld County Right to Farm Statement, as it appears in Section 22-2-
20.J.2 of the Weld County Code, shall be placed on the plat and
recognized at all times.
5. Upon completion of Conditions of Approval #1 through #4 above, 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 Services. The plat
shall be prepared in accordance with the requirements of Sections23-2-50.C and
23-2-50.D of the Weld County Code. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of November, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST:\ \Ku.", 1 • "
P. Co , Chair
Weld County Clerk to the Boar
l k Il�m . Garc Pro-Tem
BY:
Deputy CI r o he Board LAJlt
arpra Kirkmeyer ) J
APP ED AS ORM: (vv.,
David E. Long n i
ttorne �aJ y(G1W n�/�f,L.
ouglas Rademacher
Date of signature: id>
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