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HomeMy WebLinkAbout20123137.tiff �illi1 LAND USE APPLICATION let U/ SUMMARY SHEET ccul , ; CHANGE OF ZONE PLANNER: Tom Parko HEARING DATE: October 16, 2012 CASE NUMBER: COZ12-0001 APPLICANT: Butterball LLC REPRESENTATIVE: AgProfcsdionals do Tim Naylor 4350 Hwy 66 Longmont, Colorado 80526 SITE ADDRESS: 19028 County Road 28 REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3 (1 ndustri al) Zone District LEGAL: 11493 W2 Section 32, Township 3N, Range65N; EXC UND INT OG&M LOCATION: South of and adjacent to County Road 28 and east of and adjacent to Weld County Section Line Road 39. ACRES: 320 +/- acres PARCEL(s)#: 1213-32-2-00-004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Raining Services' staff has received responses from the following agencies: Without Comment: • Wdd County Code Compliance, referral dated August 29, 2012 • Wdd County Building Department, referral dated September 27, 2012 With Comment: • Wdd County Department of Public Works, referral dated September 25, 2012 Page 1 • Wald County Department of Public Health and Environment, referral dated September 17, 2012 • Division of Water Resources, referral dated September 6, 2012 • Platteville/ Gi'crest Fire Protection District, referral dated September 12, 2012 • Wald School District RE-1, referral dated September4, 2012 The Department of Raining Services' staff has not received responses from: • Ambulance Services • Colorado Di visions of Parks and Wildlife • Central Weld County Water District (CWCWD) • Greeley Soil Conservation District Page 2 ADMINISTRATIVE RECOMMENDATION CHANGE OF ZONE PLANNER: Tom Parko HEARING DATE: October 16, 2012 CASE NUMBER: COZ12-0001 APPLICANT: ButterbalI LLC REPRESENTATIVE:AgProfcsdionals c/o Tim Naylor 4350 Highway 66 Longmont, Colorado 80504 ADDRESS: 19028 County Road 28 REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3 (1 ndustri al) Zone District LEGAL: 11493 W2 Section 32, Township 3N, Range 65N; EXC UND INT OG&M LOCATION: South of and adjacent to County Road 28 and east of and adjacent to Weld County Section Line Road 39. ACRES: 320+/- acres PARCEL #: 1213-32-2-00-004 SUMMARY OF THE REQUEST: The owner of the property is requesting to change the zone from the existing zoning of Agriculture to 1-3 Industrial. The change of zone is consistent with existing zoning and uses in the area. The property directly to the east and adjacent to the property is zoned 1-3 Industrial. There are several industrial and commercial uses in the area The current owner is trying to market the property to prospective buyers who have some initial interest in the property for industrial uses. The site is longer being utilized as a turkey farm and given its location the owner would like to maximize the properties potential to attract oil and gas uses or uses similar to. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: Page 3 1. The submitted materials ae in compliance with the application requirements of Section 23-2-50 of the Weld County Code. 2. The submitted materials ae in compliance with Section 23-2-30 of the Weld County Code, as fol l ows: A. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by graiti ng the change of zone will be compati bl e with the surrounding land uses. This site is immediately adjacent to several properti es with existing 1-3 zoning to the east. The properties currently zoned 1-3 is as follows: Tire Mountain (3AM USR-842), Bio Medical Disposal (2AMUSR-918), Salvage Yad and Commercial Repair (USR- 1311), and E&P Waste Management Facility (SPR-297). Adjacent to the site and to the northeast is ai 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 Nobl a Energy. B. Section 23-2-30.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 wi 11 be required to extend the service at their cost. There is no sewer districts or sewer lines nea the property or in the i mmedi ate 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 wel l s and septic systems. has a current water line located in Weld County Road 44. 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 aid 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 requi red. Page 4 D. Section 23-2-30.A.5. - In those instances where the fol l owi ng characteristics ae applicable to the rezoning request, the appl i cant has demonstrated comp)i ance with the appl i cap'e 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 said and gravel operations or mineral extraction as stated in the Geology report prepared by Soilogic ogi c dated 04.13.2012 and signed and stamped by a Profcsdonal Engineer. The proposed change of zone will not preclude or prohibit the future extraction of a mineral deposit such as oil aid gas. The owner is currently in negotiations with Anadako to purchase the hard rock minerals, i.e. coal aid is working on a Surface Use Agreement. 3. Section 23-2-30.A.5.c. - There are some pockets of soil that have moderate l i mi tati ons with a very small aea 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 regading the request, aid 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. Theapplicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Trmmrer showing no delinquent taxes exist for the original pacel. (Department of Planning Services) B. Per Section 23-2-50.6.13 of the Weld County Code, the applicant shall provide the Weld County Department of Planning Services with evidence that the hard rock minerals have been purchased and 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) Rat: A. The applicant shall provide a Master Drainage Report which adequately addresses the requirements listed in Weld County Code Chapter 8, Artide e 10, Section 8-11-120. (Department of Public Works) B. An On-site and Off-site Geotechni cal Soi I s Report shall be submitted with the Page 5 Final Rat or Site Ran 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 Deportment 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 Ran 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) G. An On-site and Off-site Geatechnical Soils Report shall be submitted that indudes udes a prel i mi nay 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. Acccsc requirements will be determined when the Traffic Study is reviewed with the Final Rat or Site Ran Review application. (Department of Public Works) 3. The plat shall be amended to delineate the fol I owi ng: 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) Page 6 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 beddineated on the plat. (Dept. of Planning Services) E. There is 30 feet of unmai ntai ned County Section Line Right-of-Way along the western edge of the property (CR 39 Section Line). The appl i cant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be mcniired 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. (Deportment 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 buiIdout. A total of seventy (40) feet from the centerline of County Road 28 shall be indicated as "Future County ER 4.7 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 Wdd County. (Department of Public Works) 4. The fol I owi ng notes shat I be del i nested on the Change of Zone plat: 1 . 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 Artide III, Division 4, Section 23-3-330 of the Weld County Code. (Department of Planning Services) 2. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 3. 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 orchitect or engineer. Two complete sets of plans ore required when applying for each permit. (Department of Building Inspection) 4. New buildings shat l conform to the requi rements 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 M echani cal Code, 2006 International PI umbi ng Code, 2011 National Electrical Code and Chapter 29 of the Wdd County Code. (Department of Building Inspection) Page 7 5. 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. (Ordi nance 2011-2) 6. 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) 7. Necessary personnel from the Wdd County Departments of Raining 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 caried out on the property comply with the Conditions of Approval and Development Standads stated herd n and all applicable Wdd County regulations. (Department of Planning Services) 8. With a Final Rat or Site Plan Review submittal, the applicait shall provide a Master Drainage Report which adequately addresses the requirements listed in Weld County Code Chapter 8, Artide 10, Section 8- 11-120. (Department of Public Works) 9. A detailed Traffic Impact Study is required with the Final Rat or Site Ran Review application. Offsite roadway and/or intersection improvements may be required. (Department of Public Works) 10. Acccsc requirements will be determined when the Traffic Study is reviewed with the Final Rat or Site Ran Review application. (Department of Public Works) 11. Prior to recording a Final Rat or Site Ran Review Rat, the applicait shalI enter into an Improvements Agreement for onsite and offsite Improvements. Collateral needs to be submitted to and accepted by the Wdd County Boad of County Commissioners prior to recording of the plat. (Department of Public Works) 12 Prior to recording a Final Rat or Site Ran Review Rat, the applicait shall submit a grading permit showing: proposed grading, erosion control placement, typical details for all BM Ps 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 profcsdional engineer licensed in the State of Colorado. Renee note that the grading permit will not be rdeased until the applicant has signed the improvements agreement, posted collateral, and submitted the Site Ran Review plat for recording. (Department of Public Works) 13. An On-site and Off-site Geotechni cal Soi l s Report needs to be submitted prior to recording of the Final Rat or Site Ran Review that includes a prel i mi nay pavement design for the roads to be constructed both on-site and off-site. (Department of Public Works) Page 8 14. To protect public safety and prevent offsite damages, sufficient i nteri m Best Management Practices(detention, erosion, and sediment control)will need to be designed, approved, and i nstal l ed prior to commencement of construction. (Department of Public Works) 15. A Weld County Septic Permit is required for the proposed busincsc septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be desi gned by a Colorado Registered Prof csd onal Engineer. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the newest sewer Iine. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sever provider is wi Ili ng to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 16. Water service shall be obtained from acommercially permitted well. 17. This subdivision is in rural Weld County and is not served by a municipal sanitay 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. 18. During development of the site, all land disturbances shall be conducted so that nuisance conditions ae not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugi tive dust control plan must be submitted. 19. In accordance with the Regulations of the Colorado Air Quality Control Commission my development that disturbs more than 5 acres of land must incorporate d available and practical methods that are technologically feasible and economical I y reasonable i n order to minimize dust emissions. 20. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible paty 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. 21. 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.usIwq/PermitsUnit for more information. Page 9 22. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expresdy prohibited in the designated absorption field site 23. 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 seas 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, spaciousncsc, 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 the r I ong- 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, si l age and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisancewildlife; and the use of pesticides and ferti I i zers i n the f i d ds, 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 publ i c 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, unlcsc they have an adjudicated right to the water. Weld County covers a laid 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 avai I abl a resources. Law enforcement is based on responses to Page 10 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 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 sane kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to aterials may not be cleared for several days after a major snowstorm. Services in rural aeas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwel I ers. People are exposed to different hazads 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, said burs, puncture vines, territorial farm dogs and I i vestock, and open burning present real threats. Control I i ng chi I dren's activities is important, not only for their safety, but also for the protection of the farmer's l i vel i hood. 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 Myla plat shalI 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 witgrifiements 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 PI anni ng Services) Page 11 H N DEPARTMENT OF PLANNING SERVICES $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: tparko@co.weld.co.us PHONE: (970)353-6100, Ext. 3572 p - i FAX: (970)304-6498 September 27, 2012 TIM NAYLOR 4350 HIGHWAY 66 LONGMONT, COLORADO 80504 Subject: COZ12-0001 -CHANGE OF ZONE FROM THE A (AGRICULTURE)ZONE DISTRICT TO THE 1-3 (INDUSTRIAL)ZONE DISTRICT. On oarcel(s) of land described as: W2 SECTION 32, T3N, R65W the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on October 16, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November 7, 2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, Tom Parko Planner 1;561;i DEPARTMENT OF PLANNING SERVICES -•+a.c*f- _ 1555 N I7th AVE 1 j\ , —--- - GREELEY,CO 80831 1 1 'I 1T+ r �'. WEB SITE:wwweo.weldco.us `` E-MAIL:tparko@co.weldoo.us II//L� � i R PHONE:(970)353-8100,64.3572 10YL,N T Y _ FAX:(970)304-8498 August 29,2012 TM NAYLOR AG PROFES SIONALS LLC 4350 HIGHWAY 66 LONGMONT.COLORADO 80504 Subject:COZ12-0001-CHANGE OF ZONE FROM THEA(AGRICULTURE)ZO NE DISTRICT TO THE I.3(INDUSTRIAL)ZONE DISTRICT. On parcel(s)of land described as: W2 SECTION 32.T3 N,R65W ofthe 8th P.M..Weld County.Colorado. Dear Applicant: Your application and related materials forthe request described abole are complete and in order atthis time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter,please call. Respectfully. �•— agwlyagwdby laatnmtrowo • r'l R w Rowan a ha wd of Nsdoosnant / }? Locatort 1ASN lit Avo Data 2012O329 Cer:27 ASSY Tom Parko Planner FIELD CHECK Inspection Date: September 27, 2012 Applicant: Butterball, LLC Case #: COZ12-0001 Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District Legal: 11493 W2 Section 32, Township 3N, Range 65N; EXC UND INT OG&M Location: South of and adjacent to County Road 28 and east of and adjacent to Weld County Section Line Road 39. Parcel ID #: 1213-32-2-00-004 Acres: 320 +/- Zoning I Land Use N "A" Agriculture N Commercial /Ag / Rural E "1-3" Industrial E Industrial S "A" Agriculture S Rural Residential /Ag W "A" Agriculture W Rural Residential /Ag Comments: PROPERTY IS SOUTH OF AND ADJACENT TO COUNTY ROAD 28. THERE IS SIGNIFICANT O&G ACTIVITY IN THE AREA. THE SITE IS ADJACENT TO TIRE MOUNTAIN, WHICH IS ZONED 1-3 INDUSTRIAL. THERE ARE SEVERAL OTHER COMMERCIAL AND INDUSTRIAL USES IN THE AREA, WHICH INCLUDE A SALVAGE YARD(S). THERE ARE SEVERAL EXISTING STRUCTURES LOCATED ON THE NORTH END OF THE PROPERTY WHICH WERE UTILIZED AS TURKEY BARNS WHEN BUTTERBALL OPERATED A TURKEY FARM. THE PROPERTY IS 320 ACRES AND THE REMAINING PROPERTY IS NOT UTILIZED AND HAS NO STRCUTURES OTHER THAN A FEW O&G WELLS AND TANK BATTERIES. PROPERTY APPEARS TO BE MAINTAINED, ALTHOUGH THE BARNS ARE IN POOR CONDITION. /�rat jlZ/CL�r , Signature House(s) Derelict Vehicles fOutbuilding(s) �tr,si, Non-commercial junkyard (list components) Access to Property 9,M, LI Irrigation Sprinkler E Crop Productions s Crops • Site Distance Ls Wetlands n Mobile Home(s) s Oil & Gas Structures -: Other Animals On-Site Wildlife El Water Bodies _ Utilities On-Site (transmission lines) Ditch ❑ Topography Hello