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Home My WebLink About20130421.tiffCASE NUMBER: PUDZ12-0003 LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT CHANGE OF ZONE HEARING DATE: January 15, 2013 APPLICANT: Big Thompson Investments Holdings, LLC C/O Tim Naylor—AGPROfessionals, LLC ADDRESS: 4350 Highway 66, Longmont, CO 80504 REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIX (6) LOTS WITH C-3 (BUSINESS COMMERCIAL), I-1, 1-2, AND 1-3 (INDUSTRIAL) USES LEGAL: Lot B of Recorded Exemption RE -4915; Located in Part of the S2SE4 of Section 35 T6N R65W of the 6th PM, Weld County, Colorado LOCATION: North of and adjacent to County Road 62 and West of and adjacent to County Road 47. ACRES: 55.76 acres, more or less PARCEL #: 0803 35 400024 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: Without Comment: Weld County Zoning Compliance, referral received 11/1/2012 Town of Kersey, referral received 11/1/2012 With Comment: Department of Public Works, referral received 12/5/2012 Department of Public Health and Environment, referral received 11/9/2012 City of Greeley, referral received 12/17/2012 West Greeley Soil Conservation District, referral received 11/1/2012 Colorado Division of Water Resources, referral received 12/19/2012 The Department of Planning Services' staff has not received responses from: Weld County Sheriff's Office Greeley -Weld Airport Authority Office of Emergency Management Colorado Parks & Wildlife Western Hills Fire Protection District School District RE -6 North Weld County Water District PUDZ12-0003-BigThompsonInvestmentHoldings,LLC Pagel PLANNER: Chris Gathman CASE NUMBER: PUDZ12-0003 APPLICANT: ADDRESS: REQUEST: LEGAL: LOCATION: ACRES: PARCEL#: CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION HEARING DATE: January 15, 2012 Big Thompson Investments Holdings, LLC C/O Tim Naylor—AGPROfessionals, LLC 4350 Highway 66, Longmont, CO 80504 CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIX (6) LOTS WITH C-3 (BUSINESS COMMERCIAL), I-1, 1-2, AND 1-3 (INDUSTRIAL) USES Lot B of Recorded Exemption RE -4915; Located in Part of the S2SE4 of Section 35 T6N R65W of the 6th PM, Weld County, Colorado North of and adjacent to County Road 62 and West of and adjacent to County Road 47. 55.76 acres, more or less 0803 35 400024 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-5-30 of the Weld County Code. 2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows: A. Section 27-6-120.B.6.a - The proposal is consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. Sec. 22-2-80 (A. I.Goal 1) Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement, urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable. Sec. 22-2-80 (1. I.Policy 1.1.) states: "Ensure that adequate industrial levels of services and facilities are currently available or reasonably obtainable to serve the industrial development or district." PUDZ12-0003-BigThompsonInvestmentHoldings,LLC Page2 Section 22-2-80 B ( I.Goal 2). states: "Encourage appropriate industrial development to annex into a municipality if the new or expanding industrial development is adjacent to the municipality's corporate limits." Section 22-2-40 C (UD.Goal 3) states: "Until Intergovernmental Agreements are in place with a particular municipality, define a standard County Urban Growth Boundary as a one -quarter -mile perimeter around the municipal limits that are currently physically served by central sewer (whether by the municipality or other recognized agencies)." The proposed PUD is located outside of an Intergovernmental Agreement area but is located immediately adjacent to the municipal limits of the City of Greeley (to the west) and is located approximately 600-700 feet to the west of a Greeley -Weld County Airport runway. The PUD is to be served by public water (North Weld County Water District). The applicant is proposing individual septic systems for this development. The City of Greeley has indicated that annexation is not required at this time because (with the exception of the far southwest portion of the site) the proposed PUD is located more than 400 -feet from the City of Greeley sewer system. The proposed PUD is adjacent to the City of Greeley municipal limits and is located within 1/4 mile of existing Greeley sanitary sewer, and the proposed subdivision is proposed to have commercial and industrial uses potentially generating a lot of traffic from trucks and heavy equipment. As a result staff has determined that the internal roadway should be paved. 2. I.Policy 3.2 The land use applicant should demonstrate that the roadway facilities associated with the proposed industrial development are adequate in width, classification and structural capacity to serve the development proposal. A sixty -foot (60) right-of-way is required for the internal roadway. Due to the industrial and commercial uses proposed for the PUD. The internal road shall be paved. D. I.Goal All new industrial development should pay its own way. 1. I.Policy 4.1. New development should pay for the additional costs associated with those services directly impacted by the new industrial development. The applicant is required to enter into an Improvements and Road Maintenance Agreement for the onsite and offsite work to be done. Section 22-2-80 F.(I. Goal 6) states," Minimize the incompatibilities that occur between industrial uses and surrounding properties". Section 22-2-80.F.1( I.Policy 6.) states," Consider the compatibility with surrounding land uses and natural site features." Section 22-2-80.F.2 (I.Policy 6.2) states, "Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads." The proposed development is located in close proximity to the Greeley -Weld Airport but is also immediately adjacent to an existing single family residential property that would be surrounded by the development on three (3) sides and is directly across County Road 47 from two additional residences. The development guide indicates that buffering will be provided by the large lot sizes and that landscaping will be xeriscaped with minimal landscape maintenance required. Landscaping improvements and plans are typically addressed at the site plan review stage for the individual lots in the PUD. However, this location is already in close proximity to existing single family residences. Therefore, due to the proximity of residences to proposed commercial and industrial uses, the PUDZ12-0003-BigThompsonInvestmentHoldings,LLC Page3 Department of Planning Services is requiring an overall landscaping and screening plan for the PUD to address screening and buffering of future commercial and industrial uses from adjacent residences to be submitted with the final plat application. The Department of Planning Services is requiring a minimum 50 -foot wide outlot to be utilized as a landscape and screening buffer around the nearest residence to be surrounded on three (3) sides by the proposed PUD. B. Section 27-6-120.B.6.b - The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Sec. 27-2-20. Access standards. All PUD developments will be served by an internally paved road system according to County standards. An exception to paving may be granted by the Director of Public Works for residential PUDs of nine (9) lots or less located in nonurban areas as defined in Chapter 22 of this Code, when the PUD is not located within close proximity to other PUDs, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD. The application indicates that gravel and/or road base will be utilized at the entrance and the internal roadways in the proposed PUD and is requesting a waiver from the paved road system requirement. The PUD will contain industrial and commercial uses which will potentially generate considerable traffic (including heavy vehicle traffic). Additionally residences are located in close proximity to this proposed PUD and the proposed PUD is located approximately 400 -feet from City of Greeley sanitary sewer (in the urban growth area for Greeley). Staff has determined that an internal paved road (Urban Local Road Interim Cross Section) is required. Sec. 27-2-30. Buffering and screening. Uses, buildings or structures within and adjacent to a PUD Zone District shall be adequately buffered and screened to make their appearance and operation harmonious with the surrounding uses. Section 27-2-40, Bulk requirements— The applicant has chosen to adhere to the bulk requirements of the C-3 (Business Commercial), I-1 (Industrial), 1-2 (Industrial) and 1-3 (Industrial) Zone Districts for the proposed (6) six -lot PUD. Sec. 27-2-70. Compatibility. The density, design and location of land uses within and adjoining a PUD shall be designed to be compatible with other uses within and adjoining the PUD. Compatible uses shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, common open space, screening, health, safety and welfare of the PUD in relation to surrounding uses. The proposed development is located in close proximity to the Greeley -Weld Airport but is also immediately adjacent to an existing single family residential property that would be surrounded by the development on three (3) sides and is directly across County Road 47 from two additional residences. The development guide indicates that buffering will be provided by the large lot sizes and that landscaping will be xeriscaped with minimal landscape maintenance required. Landscaping improvements and plans are typically addressed at the site plan review stage for the individual lots in the PUD. However, this location is already in close proximity to existing single family residences. Therefore, due to the proximity of residences to proposed commercial and industrial uses, the Department of Planning Services is requiring an overall landscaping and screening plan (including a minimum 50 -foot wide outlot adjacent to Lot A RE -4915) to address PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Page4 screening and buffering of future commercial and industrial uses from adjacent residences. Sec. 27-2-190. Urban scale development. Urban scale developments are developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. Urban scale development requires support services such as central water, sewer systems, road networks, park and recreation facilities and programs, and storm drainage. The proposed PUD is located directly adjacent to the municipal limits of the City of Greeley and is approximately 400 -feet from existing City of Greeley sanitary sewer system. A paved internal roadway is therefore required. C. Section 27-6-120.B.6.c - That the uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed PUD is located outside of an Intergovernmental Agreement area and urban growth area boundary but is located immediately adjacent to the municipal limits of the City of Greeley (to the west) and is located approximately 600-700 feet to the west of a Greeley -Weld County Airport runway. The City of Greeley, in their referral dated December 17, 2012, states that this site is located within the City of Greeley Long Range Expected Growth Area. The City Greeley expects to grown into this area over the next 20 + years. The PUD is to be served by public water (North Weld County Water District). Only a small portion of the southwest lot in the PUD is located within 400 -feet of City of Greeley sewer. The applicant is proposing individual septic systems for this development. A proposed lift station for the sewer line adjacent to this site is proposed for future development of the airport and may be approved as soon as January 2013. Per the City of Greeley referral, dated December 17, 2012, the lift station would need to be upgraded to address the additional capacity generated by this proposed development and an agreement with the Airport Authority would be required before upgrades to lift station capacity could happen. The City of Greeley has indicated that annexation is not required at this time because (with the exception of the far southwest portion of the site) the proposed PUD is located more than 400 -feet from the City of Greeley sewer system. The City of Greeley has indicated that if City of Greeley water and sewer is to be provided to the proposed development in the future, a pre -annexation agreement will be required and the city will need to be constructed according to City of Greeley design criteria and construction standards. D. Section 27-6-120.B.6.d - That the PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article 11 the Weld County Code. The PUD is to be served by public water (North Weld County Water District). A draft water service agreement has been provided. A finalized water service agreement will be required with the Final Plat application. The Colorado Division of Water Resources stated, in their referral dated December 19, 2012, that "the proposed water supply may be provided without causing material injury to existing water rights, and the supply is expected to be adequate." E. Section 27-6-120.8.6.e - That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. County Road 62 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 - foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Pages County Road 47 is an arterial road, which requires a 140 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Improvements to CR 47/49 are included within the Weld County 5 -year plan. This may result in haul route modifications during the construction. The Department of Public Works has indicated in their referral dated December 5, 2012 that a northbound left deceleration turn lane is warranted on County Road 47 at County Road 62. Public Works has also indicated that at full build out the development will trigger a number of roadway improvements at the facility entrance and the intersection of CR 47 & CR 62 due to large traffic volumes associated with the facility; the following is a list of the triggers for turn lanes: a. 25 vehicles per hour (vph) turning right into the facility, onto County Road 62, or onto County Road 47 during a peak hour. b. 50 vph turning right out onto County Road 47 during a peak hour F. Section 27-6-120.B.6.f - An off -site road improvements agreement and an on -site improvements agreement proposal is in compliance with Chapter 24 of the Weld County Code as amended and a road improvements agreement is complete and has been submitted, if applicable. Prior to recording the Final Plat, the applicant needs to enter into an Improvements and Road Maintenance Agreement for the onsite and offsite work to be done. The Improvements will include triggers for onsite and offsite roadway upgrades and auxiliary lanes. Collateral needs to be submitted to and accepted by the Weld County Board of County Commissioners prior to recording of the plat. G. Section 27-6-120.B.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The proposed PUD is located within the Airport Overlay District for the Greeley -Weld County Airport. The Department of Planning Services has had a phone conversation with the Airport Overlay District regarding the PUD process but has not received a referral response from the Greeley -Weld Airport Overlay District. Any construction within the proposed PUD will be required to adhere to the requirements of the Airport Overlay District as stated in Article V, Division 1 of the Weld County Code. The Colorado Geological Survey has reviewed the Preliminary Geotechnical Report submitted by the applicant and indicated no additional requirements/concerns. H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The proposed zone districts are consistent with the C-3 (Business Commercial), I-1, 1-2, and 1-3 (Industrial) Zone Districts requirements stated in the Weld County Code. The applicant is requesting approval of this PUD as a specific development guide. The specific development guide shall address, in detail, all proposed uses on site and development delineated in Sections 27-6-30 through 27-6-110 of this Chapter. Section 27-6-40 of the Weld County Code deals with Environmental Impacts which includes visual/aesthetic impacts: PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Page6 The proposed PUD would surround an existing residential lot on three -sides. The Department of Planning Services is requiring a landscaping and screening plan to address screening and buffering of industrial lots (including a minimum 50 -foot wide outlot containing a landscape and screening buffer from the adjacent lot to be bordered on three (3) sides by the PUD) in the proposed PUD be submitted with the final plan application. Section 27-6-50 of the Weld County Code deals with Service Provision impacts which includes Storm Drainage. The Department of Public Works indicated, in their referral response dated December 5, 2012, stated that the drainage report was inadequate and that more detailed drainage report will be required. The report should be a more detailed drainage design with drawings following the Change of Zone Drainage Report Checklist (the checklist is attached) and should have preliminary design of all drainage improvements for the subdivision. Depending on the information submitted — a redesign of proposed drainage features (and potentially the internal lot lines and road design of the PUD) may be required. Based on the information provided and the referral comments that have been received the Department of Planning Services is recommending that the PUD Final Plan application be reviewed by the Board of County Commissioners at a public hearing. This approval recommendation is based upon compliance with Chapter 27 requirements. The Change of Zone from (A) Agriculture to PUD with C-3 (Business Commercial, I-1 (Industrial), 1-2 (Industrial) and 1-3 (Industrial) is conditional upon the following: 1. Prior to recording the Change of Zone plat: A. The applicant shall attempt to address the requirements (concerns) of the City of Greeley as stated in the referral response dated December 17, 2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. 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) C. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites and/or setbacks. (Department of Planning Services) D. The applicant shall attempt to address the requirements (concerns) of the West Greeley Soil Conservation District, as stated in the referral response dated November 1, 2012. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall provide the Department of Planning Services with a sign plan that conforms with Chapters 23, 26 and 27 of the Weld County Code (for a development sign for the PUD — if one is proposed). (Department of Planning Services) PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Page7 F. The plat shall be amended to include the following: All pages of the plat shall be labeled PUDZ12-0003. (Department of Planning Services) 2. The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat per Section 23-2-690 of the Weld County Code. (Department of Planning Services) 3. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of the Weld County Code. (Department of Planning Services) 4. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services, Department of Public Works) 5. County Road 62 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. 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. 6. County Road 47 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet from the Centerline of County Road 47 shall be delineated on the plat as future County Road 47 right- of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 7. Front side and rear utility easements are not required to be indicated on the Change of Zone plat and shall be removed. Topographical lines, interior lot lines and internal road rights -of -way shall also be removed from the plat. The property boundary and all recorded easements shall be shown on the plat. (Department of Planning Services) G. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes prior to recording: The site specific development plan is for a Change of Zone from (A) Agriculture to PUD with C-3 (Business Commercial), I-1 (Industrial), 1-2 (Industrial) and 1-3 (Industrial) uses as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. The Commercial and Industrial uses shall comply with the bulk standards of each zone district. (Department of Planning Services) 2. 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 Weld County Code in effect at the time of PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Page8 construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) 3. Language for the preservation and/or protection of the absorption field shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) 4. Water service shall be obtained from the North Weld County Water District. (Department of Public Health and Environment) 5. A Commercial -Industrial Owner's Association shall be established prior to the sale of any lot. The association is responsible for liability insurance, taxes, streets, private utilities, and other facilities. (Department of Public Health and Environment) 6. This PUD is located within the Airport Overlay District for the Greeley -Weld County Airport. Any construction/development within the PUD shall adhere to the requirements of the Airport Overlay District (Article V, Division 1 — Weld County Code). (Department of Planning Services) 7. This PUD is located within 20,000 feet of an existing public runway (Greeley - Weld Airport). Any construction/development within the PUD shall adhere to the requirements of the Federal Aviation Administration (FAA). (Department of Planning Services) 8. 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. (Department of Public Health and Environment) 9. 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. (Department of Public Health and Environment) 10. 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. (Department of Public Health and Environment) 11. 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. (Department of Public Health and Environment) 12. Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less then 3 'A feet in height a maturity. (Department of Public Works) PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Page9 13. All signs including entrance signs shall require building permits. Signs shall adhere to the approved sign plan. (Department of Planning Services) 14. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and requirements of the service providers. (Department of Planning Services) 15. No grading permits will be issued for this project with out submission and Weld County approval of erosion control and sediment control plans prepared, stamped and signed by a professional engineer licensed to practice in Colorado. The applicant is notified that land disturbance on one portion of this site may require construction of temporary or permanent erosion control and sediment control best management practices on other portions of the site. (Department of Public Works) 16. Building permits shall be obtained prior to grading or the construction of any building or structure. Building permits are also required for signs and structures such as bus shelters if provided. (Department of Building Inspection) 17. 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, 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection (Department of Building Inspection) 18. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) 19. Personnel from Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 20. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) 21. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) 22. The PUD Final Plan shall comply with all regulations and requirements of PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Page10 Chapter 27 of the Weld County Code. (Department of Planning Services) H. Per Section 27-7-60 of the Weld County Code: The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within three (3) years of the date of approval by the Board of County Commissioners. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, 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 PUD 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 PUD cannot be met, the Board may, after a public hearing, revoke the PUD. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 2. At the time of Final Plan submission: A. Items to be indicated on the Final Plan Map: 1) Easements shall be shown in accordance with County standards and/or Utility Board recommendations, and dimensioned on the final plat. Easements shall follow rear and side lot lines and shall have minimum total width of twenty (20) feet apportioned equally on abutting properties. Where front line easements are required, a minimum of fifteen (15) feet shall be allocated as a utility easement. (Department of Planning Services) 2) An outlot to be utilized for landscaping and screening adjacent to Lot A of Recorded Exemption 4915 shall be indicated. The outlot shall be a minimum width of 50 -feet adjacent to the north and east property lines of Lot A of Recorded Exemption 4915. Due to the proposed access road location — the outlot shall be a minimum average width of 50 -feet adjacent to the west property line of Lot A of Recorded Exemption 4915. (Department of Planning Services) 3) All approved accesses shall be delineated on the plat. (Department of Planning Services) 4) The Urban Local Road Interim Cross Section (as shown in the Weld County Transportation Plan) shall be indicated on the plat. The minimum required right-of-way width dedication for a local roadway is 60 feet. The interior roadway section shall utilize a 60 foot right-of-way. (Department of Planning Services and Public Works) B. The applicant shall submit to the Department of Planning Services a copy of the Restrictive Covenants, the Metropolitan District, if applicable, the Law Enforcement Authority, if applicable and Home Owners Association Incorporation paperwork for the Big Thompson Investments, LLC PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated. — (Verifying with County Attorney's Office) (Department of Planning Services) C. A copy of an agreement with the irrigation ditch company/owner for the relocation of the onsite irrigation ditch. The agreement shall specify an agreed upon treatment of the ditch in accordance with Section 24-6-40 of the Weld County Code. PUDZ12-0003-BigThompsonInvestmentHoldings,LLC Pagell D. Construction plans for all on -site improvements (roadways, drainage, etc.) are required with the final plat submittal. The plans must be signed and stamped by a professional engineer registered to practice in the State of Colorado. (Department of Public Works) E. Stop signs and street name signs will be required at all intersections and shown on the final roadway construction plans. (Department of Public Works) F. The applicant shall address the requirements of the Department of Public Works regarding the change of zone drainage report submittal as stated in their referral dated December 5, 2012. (Department of Public Works) G. The applicant shall submit a final drainage report stamped, signed and dated by a professional engineer licensed in the State Colorado. The study shall take into consideration off -site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100 -year storm developed condition while releasing the 5 -year storm existing condition per the Weld County Storm Drainage Criteria (Weld County Code Sec 8-11). (Department of Public Works) H. Final grading, drainage construction, erosion and sediment control plans, and water quality control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted for review and approval. (Department of Public Works) An overall landscaping and screening plan shall be submitted to address screening and buffering of the proposed commercial and industrial uses from the adjacent residences and land uses. The proposed treatment of the perimeter of the PUD, including materials and techniques to be used, such as screens, fences, walls, berms and other landscaping shall be indicated. The plan shall address landscaping and screening materials within the minimum 50 -foot outlot adjacent to Lot A of RE -4915. The landscaping and screening plan shall meet the requirements of Section 27-9-30 of the Weld County Code. The applicant shall provide additional information pertaining to the plant materials, including common, botanical and species names, size at installation and any additional information deemed necessary, if any. (Department of Planning Services) J. The applicant shall submit a re -vegetation plan of all disturbed areas disturbed areas during construction. The plan shall include information regarding plant type, installation methods and maintenance. (Department of Planning Services) K. The applicant shall demonstrate how the proposed plant material will be watered. (Department of Planning Services) L. The applicant shall submit a time frame for construction in accordance to Section 27-2- 200 of the Weld County Code. (Department of Planning Services) M. The Weld County Building Technician will provide addresses at the time of Final Plat. The subdivision street name and lot addresses shall be submitted to the Western Hills Fire Protection District, the Weld County Sheriff's Office, Ambulance provider, and the Post Office for review. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) N. The Final Construction plans must legibly show sufficient detail at an appropriate scale to see proposed finished floor elevations in relation to the 100 -year maximum water surface elevations in the adjacent channels and swales. (Department of Public Works) PUDZ12-0003—BigThompsonInvestmentHoldings,LLC Page12 O. As -Built survey data and plans of all drainage facilities including all storm drain pipes, headwalls, inlets, swales, detention pond outlet structures giving locations and elevations of key features shall be submitted in digital format to Weld County upon completion and final acceptance by the County. (Department of Public Works) P. The applicant shall provide the Weld County Department of Planning Services with three (3) copies of the Bylaws and Articles of Incorporation for the Commercial -Industrial Owner's Association; including three (3) copies of the Restrictive Covenants for Big Thompson Investment Holdings PUD for review by the Weld County Attorney's Office. Any changes requested by the Weld County Attorney's Office shall be incorporated. (Department of Planning Services) Q. The applicant shall submit development Covenants for Big Thompson Investment Holdings PUD for review by the Weld County Attorney's Office. The covenants shall state, "Activities such as construction activities (i.e. auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site." The Covenants shall also address signage requirements and refer to the Weld County Code. Any changes requested by the Weld County Attorney's Office shall be incorporated. (Department of Planning Services) R. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) 3. Prior to construction: A. Stop signs and street name signs will be required at all intersections. (Department of Public Works) B. Prior to the commencement of construction activities, stormwater erosion control and sediment control best management practices shall be in place in accordance with approved permits, plans, Weld County Code, and Urban Drainage Standards. Silt fences shall be maintained on the down gradient portion of the site during all phases of the site construction. (Department of Public Works) 13 December 17, 2012 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 Tim Naylor AGPROfessionals LLC 4350 Highway 66 Longmont, CO 80504 Subject: PUDZ12-0003 - Change of Zone request from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for six (6) lots with C-3 (Commercial), I-1, 1-2 and 1-3 Industrial Uses. On oarcel(s) of land described as: PT S2SE4 SECTION 35, T6N, R65W LOT B REC EXEMPT RE -4915 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 15, 2013, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 13, 2013 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.orq If you have any questions concerning this matter, please call. Respectfully, (1{4 SLR Chris Gathman Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2012.12.17 09:22:30 -07'00' DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 November 01, 2012 Tim Naylor AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 Subject: PUDZ12-0003 - Change of Zone request fom Agricultural for a proposed 6 -lot Planned Unit Development (PUD) for C-3,1-1, 1-2 and 1-3 Industrial Uses (in conjunction with PUDK12-0003). On parcel(s) of land described as: PT S2SE4 SECTION 35, T6N, R65W LOT B REC EXEMPT RE -4915 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s) for their review and comments: Greeley at Phone Number 970-350-9741 Kersey at Phone Number 970-353-1681 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, C (uAr) Chris Gathman Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2012.1 1.01 08:04:47 -06'00' From: Bruce Barker To: Torn Parko Cc: Chris Gathman. Brad Yatabe Subject: RE: DFA Water Service Date: Thursday, December 06, 2012 10:17:10 AM Yes, OK to proceed. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Sent: Thursday, December 06, 2012 10:15 AM To: Bruce Barker Cc: Chris Gathman Subject: RE: DFA Water Service Ok. thanks. So just so we are clear we can proceed with the Pt I) with this agreement'? I will forward comments to rim so he can address the CB T issue mocin,_ forward. TornParko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-353-6100, ext 3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Thursday, December 06, 2012 10:13 AM To: Tom Parko Cc: Chris Gathman; Brad Yatabe Subject: RE: DFA Water Service Tom: I think it is sufficient for our purposes of being assured that a contract is in place. Question is whether or not the reduction due to the CBT 50% allotment means they will have sufficient water. That could happen in 2013 if this drought continues. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Sent: Thursday, December 06, 2012 8:21 AM To: Bruce Barker Cc: Chris Gathman; Brad Yatabe Subject: FW: DFA Water Service Bruce - See attached. This is the water agreement between DF-A (AKA Rig Thompson Investment Holdings) and NWCWD fur the DFA project on \VCR 47. Case number is PL DZ,1 2-0003. I sent this along vyith the application to the Division of Water Resources. I had a meeting with the City of Greeley Yesterday and it sounds like the applicant is ok obtaining water from NWCWD but the City of Greeley and NWCWD are about to enter into an IG.A concerning water service. I believe that DF:A will eventually be on City of Greeley' water but that wont happen for some time. Can von give this a once-over and determine if tins is sufficient in order to satisfy DFA's requirement to show adequacy' of water? DF.A is on a tight timeline and if yon could re\ iew anytime you get a flee moment that would be great. Thanks, Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-353-6100, ext 3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Glen Czaplewski[rnailto:GCzaolewski©agoros.com] Sent: Friday, November 30, 2012 11:32 AM To: Tom Parko Cc: Tim Naylor Subject: FW: DFA Water Service Hi tom As discussed, here's the North Weld Water contract draft. Thanks again for all your help today Glen From: Alan Overton [mallto:dlanonnwcwd.org] Sent: Friday, November 30, 2012 9:47 AM To: Glen Czaplewski; Tom Haren Cc: 'Don Posselt'; leannk;alnwcwd.org Subject: DFA Water Service Tom and Glen, I've attached a Draft Water Service Agreement for the DFA site application. If you have any questions, please don't hesitate to give me a call. Thanks, Alan Overton, P.E. North Weld County Water District 32825 Weld CR 39 P.O. Box 56 Lucerne, CO 80646 alano@nwcwd.org (970) 301-0985 Cell (970) 356-3020 Office From: Chris Gathman To: "Tim Naylor" • Glen Czaplewski Cc: Heidi Hansen Subject: DFA change of zone map Date: Monday, December 10, 2012 10:39:00 AM Attachments: PUDZ12 00O3 ayahcatedf PUD apphcaton 2 ad` Tim, I am checking on this. When the PUDZ12-0003 application was originally submitted the change of zone map just showed the boundaries of the parcel to be rezoned — it did not show the location of the internal road(s) and lot boundaries (see page 11 of the attachment). I spoke to you about submitting a map that shows this information (similar to what you had submitted with your sketch plan map). Here is an excerpt from Section 27-9-20 of the Weld County Code that needs to be shown on the plat map. I. The proposed location of vehicular and nonvehicular traffic circulation, including road classification, right-of-way width, road surface width and depth, and access to public right-of-way. J. The location of any existing easements, rights -of -way, structures and uses within the PUD development, including oil wells, plugged or abandoned oil and gas wells, tank batteries, irrigation ditches, water bodies, railroad tracks or dwellings. The plugged or abandoned well shall be permanently marked by a brass plaque set in concrete, similar to a permanent bench mark, to monument its location. Such plaque shall contain any information required on a dry hole marker by the Colorado oil and Gas Conservation Commission. I was going through my records to see if an updated map has been submitted and could not find it. Did I miss it. Has this been done? Please forward if you have it. Should you proceed with the map that was originally submitted with the PUD application, is at a conceptual level and staff will recommend (if approved) that the final plat application will need to be heard by the Board of County Commissioners (vs. an administrative review of the final plat). Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. FIELD CHECK inspection dates: 12/31/2012 APPLICANT: Big Thompson Investments Holdings, LLC O/O Tim Naylor — AGPROfessionals, LLC CASE #: PUDZ-0003 REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIX (6) LOTS WITH C-3 (BUSINESS COMMERCIAL), I-1, 1-2, AND 1-3 (INDUSTRIAL) USES LEGAL: Lot B of Recorded Exemption RE -4915; Located in Part of the S2SE4 of Section 35 T6N R65W of the 6th PM, Weld County, Colorado LOCATION: North of and adjacent to County Road 62 and West of and adjacent to County Road 47. PARCEL ID #: 0803 35 400024 ACRES: +/- 55.76 Zoning Land Use N A N Farmground E A E Two Single -Family Residences/Farmground S A S Single Family Residence/farmground W A W Greeley/Airport Runway COMMENTS: Vacant agricultural parcel immediately adjacent on 3 sides to a residential lot. //ciu,,) Chris Gathman - Planner III Hello