Loading...
HomeMy WebLinkAbout20123136.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: COZ12-0001 APPLICANT: BUTTERBALL LLC PLANNER: TOM PARK() REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURE) ZONE DISTRICT TO THE I-3 (INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION: W2 SECTION 32, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROX 2,800 FEET WEST OF CR 41 . be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.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 is 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 LNG facility that will be utilized by Noble Energy. B. Section 23q-2-30.A.3. - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. Central Weld County Water District (CWCWD) is able to serve the property. However, CWCWD 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 is 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 23-2-30.A.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 28. According to the Department of Public Works, County Road 28 is a paved road and is classified as an arterial road. Primary access will continue to use County Road 28. Weld 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 and if the owner wishes to use this road a non exclusive easement will be required. D. Section 23-2-30.A.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 23-2-30.A.5.a. — This property is not located in an overlay district, e.g. floodplain, geo-hazard, airport, etc. • 2. Section 23-2-30.A.5.b. — This property is not suitable for sand and gravel operations or mineral extraction as stated in the Geology report prepared by Soilo. ic dated 04. 13.2012 and signed and stamped by a Professional Engineer. Th EXHIBIT s c- ► .. RESOLUTION COZ12-0001 BUTTERBALL LLC PAGE 2 change of zone will not preclude or prohibit the future extraction of a mineral deposit such as oil and gas. 3. Section 23-2-30.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. This recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District is conditional upon the following: 1. Prior to recording the Change of Zone Plat: 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. (Department of Planning Services) 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 with evidence that a Surface Use Agreement (SUA) has been negotiated with the mineral interest owner(s). (Department of Planning Services) 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 Weld County Code Chapter 8,Article 10,Section 8-11-120. (Department of Public Works) B. An On-site and Off-site Geotechnical Soils 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. (Department of Public Works) C. 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. The permit must be stamped by a registered professional engineer licensed in the State of Colorado. Please note that 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. (Department of Public Works) D. The applicant shall to enter into an Improvements Agreement for the onsite and offsite work to be done. Collateral needs to be submitted to and accepted by the Weld County Board of County Commissioners prior to recording of the plat. (Department of Public Works) E. The applicant shall provide a detailed Traffic Study should 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 Weld County Public Works. Once the traffic study is submitted, changes to the site layout, turn lanes or other improvements may be required by Public Works.The applicant should expect to fully fund the necessary roadway improvements to mitigate for the traffic generated by this development. (Department of Public Works) F. To protect public safety and prevent offsite damages, sufficient interim Best Management Practices(detention,erosion,and sediment control)shall be designed,approved,and installed prior to commencement of construction. (Department of Public Works) RESOLUTION COZ12-0001 BUTTERBALL LLC PAGE 3 G. An On-site and Off-site Geotechnical Soils Report shall be submitted that includes a preliminary pavement design for the roads to be constructed within the property. (Department of Public Works) H. 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. (Department of Public Works) 3. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled COZ12-0001. (Department of Planning Services) B. The plat shall adhere to Section 23-2-50.C and 23-2-50.D of the Weld County Code. (Department of Planning Services) C. All recorded easements and rights-of-way shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services, Department of Public Works) D. All approved accesses shall be delineated on the plat. (Dept. of Planning Services) E. 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. (Department of Public Works) F. 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 seventy(40)feet from the centerline of County Road 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. (Department of Public Works) 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. (Department of Planning Services) B. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 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. (Department of Building Inspection) D. New buildings 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: 2006 International Building Code,2006 International Mechanical Code,2006 International Plumbing Code,2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) E. Effective April 25,2011,Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) RESOLUTION CO712-0001 BUTTERBALL LLC PAGE 4 F. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 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. (Department of Planning Services) 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 Weld County Code Chapter 8, Article 10, Section 8-11-120. (Department of Public Works) I. 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. (Department of Public Works) J. Access requirements will be determined when the Traffic Study is reviewed with the Final Plat or Site Plan Review application. (Department of Public Works) K. Prior to recording a Final Plat or Site Plan Review Plat, the applicant shall enter into an Improvements Agreement for onsite and offsite Improvements. Collateral needs to be submitted to and accepted by the Weld County Board of County Commissioners prior to recording of the plat. (Department of Public Works) 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. The permit must be stamped by a registered professional engineer licensed in the State of Colorado. Please note that 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. (Department of Public Works) 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 preliminary pavement design for the roads to be constructed both on-site and off-site. (Department of Public Works) N. To protect public safety and prevent offsite damages, sufficient interim Best Management Practices(detention, erosion, and sediment control)will need to be designed, approved, and installed prior to commencement of construction. (Department of Public Works) 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 Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer. Please note,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 shall be obtained from a commercially permitted well. 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 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. RESOLUTION COZ12-0001 BUTTERBALL LLC PAGES 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 Health Department, 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 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 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 Colorado Department of Public Health and Environment. 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 acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the 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(i.e.auxiliary structures, dirt mounds, etc.)activities are expressly prohibited in the designated absorption field site W. Weld County is one of the most productive agricultural counties in the United States,typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads;odor from animal confinement,silage and manure;smoke from ditch burning;flies and mosquitoes; hunting and trapping activities;shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County,and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire RESOLUTION COZ12-0001 BUTTERBALL LLC PAGE 6 protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations,high speed traffic,sand burs,puncture vines,territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 5. Upon completion of 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 Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C&Section 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. (Department of Planning Services) Motion seconded by Nick Berryman. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock Jordan Jemiola Bret Elliott The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 16, 2012. Dated the 16th of October, 2012. Digitally signed by Kristine Ranslem /,y(n ,/„ Location:1555 N 17th Ave 4116/ Date:2012.10.22 10:55:13-06'00' Kristine Ranslem Secretary ( oz lei - ucO/ / O/ io /j Ms. Evett said that with an average of 10 employees coming to the site it would be wise to have trash picked up there. She added that there are development standards that no waste can be accumulated on site. for or against this application. was anyone in the audience who wished to The Chair asked if there yspeak Douglas Graham, 20595 CR 33 , LaSalle CO, said that he is a truck driver in Weld County and said that this site is located a long way from the nearest restroom facility. He added that when you are driving down a rough gravel road for an hour sometimes it's hard. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR12-0044 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Robert Grand, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand. Absent: Joyce Smock. CASE NUMBER: COZ12-0001 APPLICANT: BUTTERBALL LLC PLANNER: TOM PARKO REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURE) ZONE DISTRICT TO THE I-3 (INDUSTRIAL) ZONE DISTRICT. LEGAL DESCRIPTION: W2 SECTION 32, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROX 2,800 FEET WEST OF CR 41 . Tom Parko, Planning Services, presented Case COZ12-0001 , reading the recommendation and comments into the record . The Department of Planning Services recommends approval of this application with the attached conditions of approval. In addition, Public Works and Environmental Health presented their reports t, and stated that they have no concerns with this request. Tim Naylor, AGPROfessionals, 4350 Hwy 66, Longmont CO, stated that the applicants are requesting to change the zone of the 320 acre site from agricultural to the industrial zone district. They anticipate the future use of the site as oil and gas support but also understand that there may be other uses as well. Currently, the property is a nonfunctioning turkey farm. In response to Mr. Berryman's inquiry, Mr. Naylor said that the property has 80 acre feet of water per year and believes that water will be available to the users; however those users will be determined by the amount of water needed and what is available. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Roy Wardell, 16512 N Essex Road, said that he owns the ranch across the road and added that Anadarko wells are located on the southern portion his land. He asked if we really want to put more industrial uses in this area as well as more traffic on County Road 28. Mr. Naylor addressed Mr. Wardell's concerns. They feel, because it is located close to other industrial uses, that this is compatible and an appropriate place for industrial uses. The Chair asked the applicant if he read through the Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Motion: Forward Case COZ12-0001 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Robert Grand, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand. EXHIBIT a Absent: Joyce Smock. The chair called a recess at 5:43 pm and reconvened the hearing at 5:56 pm CASE NUMBER: MINF12-0001 APPLICANT: BIG THOMPSON INVSNT HOLDINGS LLC PLANNER: TOM PARK() REQUEST: FINAL PLAT FOR A NINE(9)LOT MINOR SUBDIVISION IN THE I-3 (INDUSTRIAL)ZONE DISTRICT(HICKMAN SUBDIVISION). LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0056; PART W2 SECTION 23,T4N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH OF CR 44 AND EAST OF AND ADJACENT TO CR 33. Commissioner Berryman recused himself from this case as he has an existing business relationship with the applicant on this parcel. Tom Parko, Planning Services, presented Case MINF12-0001,reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval. Heidi Hansen,Public Works,reported on the existing traffic,access and drainage conditions and requirements of the site. In response to Commissioner Grand's inquiry regarding access onto County Road 44,Ms.Hansen said that the Weld County Grader Shed is being relocated to the southern lot of the subdivision and this access will then become an industrial access. She added that when the end users apply for a Site Plan Review, CDOT will then review the expected traffic volumes and require improvements as needed to the intersections. Mr. Parko noted that sometime next year the intersection of County Road 42 and Highway 82 will receive a signalized intersection. At this time,CDOT determined that the intersection of County Road 44 and Highway 85 do not warrant traffic lights. Mr. Grand commented that this was before the approval of this subdivision. Mr.Parko said that the next step,assuming this case is approved,would be for the users to submit a Site Plan Review for each lot. These applications follow the very similar process to the Use by Special Review(USR) permit process. Ms. Hansen pointed out that the Improvements and Road Maintenance Agreement with all the triggers for paving,turn lanes,etc.will be part of each application. She added that the Road Maintenance and Improvements Agreement is vetted through the Board of County Commissioners. Commissioner Lawley said that he believes that this agreement is sufficient to satisfy the traffic impacts on the County roads and sets triggers for those impacts. Lauren Light, Environmental Health,stated that staff will review the requirements for the site as users submit land use permits. Tim Naylor,AGRPOfessionals, 4350 Highway 66, said that this is a 9 lot minor subdivision on a 95 acre site for the purposes allowed in the I-3 Zone District. Mr. Naylor said that the internal road will run from County Road 33 to County Road 44 and will be a two-lane gravel road designed according to Weld County specifications. This allows traffic to have alternate routes accessing County Road 33 and County Road 44. With this design,they have tried to minimize the amount of traffic and eliminate crossing lanes on Highway 85. If County Road 44 is restricted they would need to access County Road 33 and then they would be impacting the neighbors. Mr.Grand asked if it will be stipulated in the sales agreement that they will be required to go east when accessing County Road 44. Mr. Naylor said that they would make it a part of the Convenances. There was subsequent discussion of enforcing this request. It was determined that the triggers are in place within the Improvements and Road Maintenance Agreement. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Cheryl Klassen, 16794 CR 44,stated that her parents border the subject site. She added that she was here for the Change of Zone hearing and was disappointed by the decision made by the County Commissioners to approve the request. At that time the Commissioners assured them that they would watch over the transition of the land. She is concerned with the volume of traffic and the potential safety issues. Ms.Klassen said that she is not reassured that the drainage onto their property has been taken care of and expressed concern over the noise and light pollution as well. 10 Hello