HomeMy WebLinkAbout20031363.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #1036 FROM A (AGRICULTURAL) ZONE DISTRICT TO
1-3 (INDUSTRIAL) ZONE DISTRICT -JMF CATTLE COMPANY/GRANT BROTHERS
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 25th day of June, 2003, at 10:00 a.m.for the
purpose of hearing the application of JMF Cattle Company/Grant Brothers, 10515 Mooring Road,
Longmont,Colorado 80504,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:
Part of the S1/2NW1/4, SW1/4NE1/4, NW1/4SE1/4
of Section 20, Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Tom Haren, LANDPROfessionals, LLC,
4311 Highway 66, Suite 4, 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 23-2-40.6 of the Weld County Code as
follows:
a. Section 23-2-40.6.1 -- The proposal is consistent with the policies of
Chapter 22 of this Code, and changing conditions in the area warrant a
Change of Zone. The applicant has indicated the site has an adequate water
source and is suitable for an industrial septic system as required by
Section 22-2-140. Any future industrial development will be required to go
through the Site Plan Review process and will have to show compliance with
Section 22-2-150.6 of the Weld County Code.
b. Section 23-2-40.6.2 -- The uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses.
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CHANGE OF ZONE (COZ #1036) - JMF CATTLE COMPANY/ GRANT BROTHERS
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c. Section 23-2-40.B.3 -- Adequate water and sewer service can be made
available to serve the site. If the rezoning is approved, the applicant shall
demonstrate,prior to issuance of building permits on the site,that the water
and sewer services are available at the site and are adequate and
appropriate to meet the development requirements.
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
District.
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 is not located
within any Overlay District identified by maps officially adopted by the
County.
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 as
defined by State statutes 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.
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 will
be addressed by the applicant and/or the applicant's successors or
assigns prior to development of the property.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of JMF Cattle Company/Grant Brothers fora 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. The Change of Zone Plat map shall be submitted to the Department of Planning
Services for recording within 60 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. All pages of the plat shall be labeled CZ-1036.
B. The plat shall be amended to adhere to Section 23-2-50 of the Weld County
Code which outlines the requirements for the Change of Zone plat.
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C. The boundary, or perimeter, of the proposed development area must be
shown distinctly on the Change of Zone plat.
D. Weld County Road 27 is currently classified by the County as a collector
roadway. The City of Fort Lupton classified Weld County Road 27 as an
arterial roadway in its referral. Weld County accepts the higher standard of
arterial classification for Weld County Road 27 with a 100-foot right-of-way.
The applicant shall reserve 50 feet of right-of-way on their property to be
shown and dimensioned on the Change of Zone plat.
E. Easements shall be shown in accordance with County standards and shall
be dimensioned on the Change of Zone plat. The major electric transmission
line and easement shall be shown, labeled,and dimensioned on the Change
of Zone plat.
F. The correct railroad track layout must be shown on the change of zone plat.
The railroad easements must be verified and dimensioned on the change of
zone plat, both the full section dimension of easement and the half section
of easement on the applicant's property.
G. The applicant shall delineate and label all existing structures on the change
of zone plat.
H. The applicant shall show and identify all existing irrigation/ditch systems for
this development on the Change of Zone plat. There is a major ditch running
along the eastern property boundary. The applicant must address the thin
sliver of property located east of the ditch. Ditch easements should be
noted.
There are, or were, several retention ponds located on this property. The
ponds must be shown on the Change of Zone plat since they are a major
land feature. In addition,a note should be placed on the Change of Zone plat
regarding these ponds and any environmental implications of future land use.
J. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate septic permits for some of the
residential septic systems located on the parcel. All residences that are to
remain on site must have permitted septic systems. The applicant should
contact the Department to update existing septic permits to correct
addresses. Any existing residential septic system(s)that will remain on the
parcel,which is not currently permitted through the Weld County Department
of Public Health and Environment,will require an Individual Sewage Disposal
System (I.S.D.S.) evaluation prior to the issuance of the required septic
permit(s). In the event the system(s) is found to be inadequate, the
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system(s) must be brought into compliance with current I.S.D.S.
Regulations.
K. The Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate septic permits for the
commercial structures located on the parcel. All commercial structures that
are to remain on site must have permitted septic systems. The applicant
should contact the Department to update existing septic permits to correct
addresses. Any existing commercial septic system shall be reviewed by a
Colorado registered professional engineer for adequacy to serve the
proposed uses at the time a Site Plan Review application is submitted.
L. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for Industrial uses which shall comply
with the 1-3 (Industrial) Zone District requirements as set forth in
Section 23-3-330 of the Weld County Code.
2) Any signage located on the property shall require Building Permits
and adhere to Section 23-4-100 of the Weld County Code.
3) The site shall maintain compliance at all times with the requirements
of Weld County government.
4) Any future structures or uses on site must obtain the appropriate
Zoning and Building Permits.
5) If applicable, installation of utilities shall comply with Chapter 24,
Article VII, of the Weld County Code.
6) The applicant shall adhere to all Site Plan Review requirements,as
defined in Chapter 23, Division 3, of the Weld County Code.
7) At the time of the Site Plan Review, a Drainage Report signed by a
professional engineer, licensed in the State of Colorado, shall be
submitted to the Weld County Department of Public Works.
8) At the time of the Site Plan Review, final road plans shall be
submitted to, and approved by, the Weld County Department of
Public Works. These plans shall include road and intersection
improvements, as well as the necessary right-of-way dedication.
9) If eventual use of this site creates a major impact on surrounding
infrastructure,significant roadway and intersection improvements will
be required.
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10) This proposed Change of Zone to an industrial use might possibly
contribute significant traffic to the surrounding area, including
U.S. Highway 85. The applicant will be required to participate and
contribute to improvements for the U.S.Highway 85 Access Control
Plan at the Site Plan Review application.
11) At the time of the Site Plan Review, and prior to release of Building
Permits, the applicant shall submit construction drawings to the
Department of Building Inspection for review and approval.
12) All liquid and solid wastes, as defined in the Solid Wastes Disposal
Sites and Facilities Act,Section 30-20-100.5,C.R.S.,shall be stored
and removed for final disposal in a manner that protects against
surface and groundwater contamination.
13) No permanent disposal of wastes shall be permitted at this site.This
is not meant to include those wastes specifically excluded from the
definition of a solid waste in the Solid Wastes Disposal sites and
Facilities Act, Section 30-20-100.5, C.R.S.
14) Waste materials shall be handled,stored,and disposed in a manner
that controls fugitive dust, blowing debris, and other potential
nuisance conditions.
15) Fugitive dust shall be controlled on this site.
16) The facility shall adhere to the maximum permissible noise levels
allowed in the Industrial Zone District as delineated in
Section 25-12-103, C.R.S.
17) Manure and manure-contaminated wastes shall be removed and
disposed in accordance with the land application requirements in the
Confined Animal Feeding Operations(CAFO)Control Regulations.
Following the removal of all manure wastes the applicant shall submit
a final report documenting the quantities of manure and manure-
contaminated wastes removed,disposal method,and post removal
confirmation sampling of nitrogen and phosphorous.
18) All fuel tanks must be removed in accordance with the Underground
and Above Ground Storage Tank Regulations (7 CCR 1101-14).
Additionally, at a minimum the Department of Public Health and
Environment recommends confirmation sampling be conducted in
the vicinity of the fuel tanks to verify the contaminated soils have been
appropriately removed.
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19) Any abandoned septic system must comply with Section 30-4-20.D
of the Weld County Code. The applicant should contact the Weld
County Department of Public Health and Environment to update
existing septic permits for those systems that have been abandoned.
20) 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. Permits are required to move or demolish any building
currently placed on this property.
21) Each building will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
22) New buildings shall conform to the requirements of the codes
adopted at the time of permit application. Currently, the following
codes have been adopted: 1997 Uniform Building Code(UBC); 1998
International Mechanical Code(IMC); 1997 International Plumbing
Code(IPC);2002 National Electrical Code(NEC),and Chapter29of
the Weld County Code.
3. Any further development of the site will require a Site Plan Review. Any
commercial/industrial development must comply with all applicable Weld County
Department of Public Health and Environment, Colorado Department of Public
Health and Environment, EPA and/or Oil and Gas regulations. The
applicant/developer must contact the appropriate agency for more information
regarding the site-specific requirements of each development.
4. At the time of the Site Plan Review, the applicant shall work with the Colorado
Department of Transportation and Weld County Department of Public Works to
determine if any off-site road improvements are required.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COLORADO
ATTEST: �� n , Chai AYE
Weld County Clerk to the Boa6d
-�r ' NAY
BY: Y . ' Robert D. M den, Pro- em
Deputy Clerk to th f H1 (NAY)
M. J. eile
AP ED AST i( 4t, (AYE)
William H. Jerk,
ounty ttor ey h I - �p///,�1� (AYE)
GI�nn Vaad —�
Date of signature: I/70
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