HomeMy WebLinkAbout20130039.tiffRESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF12-0003, TO AMEND THE FINAL PLAT
(BALDRIGE PUD, S-315) TO RECONFIGURE THE LOT TO CREATE TWO (2) C-3
BUSINESS COMMERCIAL ZONED PARCELS - MOUNTAIN VIEW FIRE
PROTECTION DISTRICT
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 2nd day of January, 2013, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Mountain View Fire
Protection District, 9119 East County Line Road, Longmont, Colorado 80501-8955, requesting a
Site Specific Development Plan and Planned Unit Development Final Plan, PUDF12-0003, to
amend the Final Plat (Baldridge PUD, S-315) to reconfigure the Lot to create two (2) C-3
Business Commercial Zoned Parcels for a parcel of land located on the following described real
estate, to -wit:
Baldrige PUD Final Plan, First Filing, located in part
of the SE1/4 of Section 5; being part of the NE1/4
of Section 8, Township 2 North, Range 68 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented at said hearing by Fire Chief, Mark Lawley,
and Steve Steinbicker, Architecture West, 4710 S. College Avenue, Fort Collins, Colorado,
80525, and
WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of
a Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations 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 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
A. Section 27 -7 -40.D.1 --That the proposal is consistent with Chapters 19,
22, 23, 24 and 26 of this code and any intergovernmental agreement in
effect influencing the PUD.
1) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
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comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable."
2) Section 22-2-100.C (C.Goal 3) states: "All new commercial
development should pay its own way."
3) Section 22-2-140.C (RUA.Goal 3) states: "Development within
Regional Urbanization Areas should occur in a manner that results
in an attractive and functional working and living environment."
4) Section 22-2-140.E (RUA.Goal 5) states: "Ensure the efficient and
cost-effective delivery of adequate public facilities and services
within a Regional Urbanization Area that provides for the health,
safety and welfare of the present and future residents of the
County." Commercial zoned parcels are served by Left Hand
Water District and Saint Vrain Sanitation District. The existing
development is located to the east of, and adjacent to, the Vista
Commercial Business Center PUD. The Towns of Mead and
Frederick and the City of Longmont reviewed this proposed
amendment and had no objections to the proposal. The Town of
Firestone indicated that the proposed Fire Station site is within the
Town of Firestone Master Plan area. The proposed Mountain
View Fire Station development will utilize existing infrastructure,
i.e. roadway facilities, maintain historic stormwater flow patterns
and meet the recently implemented MS4 stormwater drainage
criteria and will be compliant with the Public Service providers.
Weld County Sheriff, Weld County Ambulance, and Mountain
View Fire Protection District did not return a referral indicating a
conflict with their interests.
B. Section 27-7-40.C.2 states: "The uses which would be allowed in the
proposed PUD will conform to the performance standards of the PUD
Zone District contained in Chapter 27, Article II of the Weld County
Code."
1) Section 27-2-20 Access Standards — Two points of ingress and
egress are requested; a shared access for both parcels from Vista
View Drive and a separate access for the Fire Station only from
County Road (CR) 5. The property owner requested relief from the
requirement of an internal road and the Board agreed to waive the
requirement for paving all driving surfaces for Lot 1.
2) Section 27-2-40 Bulk Requirements — The applicant sought to
encroach into the north property line setback for the placement of
a monument development sign for Lot 1, indicating the sign serves
to provide notice of the facility and will also be utilized as an
emergency notification device of Fire Trucks entering the public
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roadway. Additionally, the applicant requested the ability to utilize
LED animated technology for notification of emergency conditions
and other electronic messaging. The Board grants this waiver
request.
3) Section 27-2-50 Circulation — The applicant requested a waiver of
the pedestrian circulation network, i.e., sidewalk, curb and gutter
adjacent to Lot 1 and Lot 2 of this Final Plat, since there is
presently no sidewalk, curb or gutter adjoining the property to the
west, and there would be little benefit to the public. The Board
grants this waiver request.
4) Section 27-2-80 Design Standards and Improvements Agreement
— The applicant requested a waiver from final recording of the
plats until an Improvements Agreement has been approved and
collateral tendered. The applicant also requested a waiver of
utilizing public funds as collateral for improvements of Lot 1, and
the Board grants this waiver request.
5) Section 27-2-100 Landscaping -- The applicant requested a
waiver of the street tree component and the placement of shrubs
and similar plant material and landscape treatment having a
height component in all areas fronting CR 5 and adjacent to the
north property line of the new Fire Station. The applicant's
rationale was to create good visibility for the traveling public and a
safe condition for emergency responders exiting private property
onto public right-of-way. The applicant has agreed to place low
berms planted in turf or ground cover to meet the landscape
component for Lot 1, and the Board grants this request.
6) Section 27-2-145 Parking Lot Surface — The applicant requested a
waiver from the parking lot surfacing requirements. The applicant
has proposed a concrete surface for ingress and egress to the
Fire Station and for limited public parking areas. Employee
parking and overflow parking areas will be surfaced in crushed
fines and gravel for Lot 1, and the Board grants this request.
7) Section 27-2-150 Parking Requirements — The applicant
requested a waiver of the requirement that all parking and loading
areas be paved and striped. As previously requested, part of the
parking area will be hard surface, suitable for striping; however,
other areas will be a gravel surface, less suitable for striping. The
Board grants this waiver request.
8) Section 27-2-190 Urban Scale Development — The proposed First
Filing is in close proximity, and adjacent to, Vista Commercial
Business Park, and to a residential Planned Unit Development
(Meadow Vale Farm). Given this proximity, paved internal road
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systems open space, park and recreation facilities and programs
are required. The applicant has met the central water, sewer, and
storm drainage (MS4) requirements and requested a waiver from
all other urban scale development requirements. The applicant
has met the remaining Performance Standards as delineated in
Section 27-2-10. The Conditions of Approval and Development
Standards ensure compliance with Section 27-2-20 through
Section 27-2-220 of the Weld County Code, therefore, the Board
grants this waiver request.
Section 27-7-40.C.3 states: "That the uses which would be permitted will
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 site is influenced by an
Intergovernmental Agreement with the City of Longmont which indicated
the City may provide additional input on future development applications
through the County's referral process. The Notice of Inquiry was received
on June 21, 2012. The site is within the three-mile referral area for the
Towns of Mead and Frederick and the City of Longmont, which reviewed
this proposal and had no objections to the proposal in referrals dated
September 21, 2012, September 5, 2012, and September 19, 2012,
respectively. The Town of Firestone returned a referral, dated October 18,
2012, with concerns specific to the Fire District boundary. The granting of
this PUD Final Plan will have a minimal impact on the surrounding land
uses.
D. Section 27-7-40.C.4 states: "That adequate water and sewer service will
be made available to the site to serve the uses permitted within the
proposed PUD in compliance with the performance standards in
Chapter 27, Article II, of the Weld County Code." Referrals received from
the Department of Public Health and Environment indicated that the
proposed Amended PUD will be serviced by the Left Hand Water District,
and the St. Vrain Sanitation District will handle the effluent flow. The Left
Hand Water District has provided an "ability to serve" letter for water
service for all lots.
E. Section 27-7-40.C.5 states: "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" The Weld County Department of Public
Works reviewed this request and granted an access permit, number
AP12-00391.
F. Section 27-7-40.C.6 states: "In the event the street or highway facilities
are not adequate, the applicant shall supply information which
demonstrates the willingness and financial capacity to upgrade the street
or highway facilities in conformance with the Transportation Sections of
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Chapters 22, 24, and 26, if applicable." The Colorado Department of
Transportation, in a referral dated September 19, 2012, stated: "This does
not appear to be a twenty percent (20%) increase of traffic, so no new
access permit will be required."
G. Section 27-7-40.C.7 states: "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 Conditions of Approval and
Development Standards will ensure that soil conditions shall be
considered when placing structures on the site.
Section 27-7-40.C.8 states: "If compatibility exists between the proposed
uses and criteria listed in the development guide, and the final plan
exactly conforms to the development guide." The Amended PUD Final
Plan uses are compatible with the criteria listed in the developmental
guide included in the application materials.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mountain View Fire Protection District for a Site
Specific Development Plan and Planned Unit Development Final Plan, PUDF12-0003, to amend
the Final Plat (Baldridge PUD, S-315) to reconfigure the Lot to create two (2) C-3 Business
Commercial Zoned Parcels on the above referenced parcel of land be, and hereby is, granted
subject to the following conditions:
1. Prior to Recording the Amended PUD Final Plat:
A. The applicant shall address the requirements (concerns) of the Weld
County Department of Public Works, as stated in the referral response
dated September 19, 2012. Evidence of the approval shall be submitted,
in writing, to the Weld County Department of Planning Services.
B. The applicant shall address the requirements (concerns) of the Weld
County Department of Building Inspection, as stated in the referral
response dated September 6, 2012. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
C. The applicant shall request, in writing, that the Board of County
Commissioners entertain a motion to vacate USR-584 for a Farm
Implement Store, located on a forty (40) acre tract of land in part of the
SE1/4 of Section 5 and part of the NE1/4 of Section 8, Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado.
D. 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 ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4). (Group 6 is not acceptable).
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The Plat shall be amended to include the following:
1) All sheets of the Final Plat shall be labeled PUDF12-0003.
2) The sign shall adhere to Chapter 23, Article IV, Division 2, of the
Weld County Code and its location and design shall be delineated
on the plat, if not approved per the applicant's variance request.
3) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on
the plat and recognized at all times.
4) It is the intention that the detention volume requirements for Lot 2,
Baldridge PUD, First Filing, First Replat, have been
accommodated with the detention pond volumes provided with
Lot 1, Baldridge PUD, First Filing, First Replat, based on Weld
County drainage design criteria current at the time of recording the
final plat for Baldridge PUD, First Filing, First Replat, and based
on the approved Final Drainage, Erosion Control and Water
Quality Report for Baldridge PUD, First Filing, First Replat. The
Master Drainage Plan for Lots 1 and 2 of Baldridge PUD, First
Filing, First Replat, shall be reviewed at the time of Site Plan
Review for any development of Lot 2.
2. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. The Amended Final Plat, First Filing for two (2) C-3 (Business
Commercial) Zone Uses in the Regional Urbanization Area (RUA)
Overlay District - Baldridge PUD, as indicated in the application materials
on file, and subject to, and governed by, the Conditions of Approval
stated hereon and all applicable Weld County regulations.
B. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
C. Water service shall be obtained from the Left Hand Water District.
D. Sewer service shall be obtained from the Saint Vrain Sanitation District.
During development of the site, all land disturbances shall be conducted
so that nuisance conditions are not created. If dust emissions create
nuisance conditions, at the request of the Weld County Department of
Public Health and Environment (WCDPHE), a Fugitive Dust Control Plan
must be submitted.
F. If land development exceeds six (6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution
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Emissions Notice, and apply for a permit from the Colorado Department
of Public Health and Environment.
A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous
land disturbance is greater than, or equal to, one (1) acre in area. The
applicant shall contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment (CDPHE), at
www. cd phe. state. co. us/wq/Perm its U nit.
The historical flow patterns and runoff amounts will be maintained on the
site in such a manner that it will reasonably preserve the natural character
of the area and prevent property damage of the type generally attributed
to runoff rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm runoff.
I. The applicant must take into consideration stormwater capture/quantity
and provide accordingly for Best Management Practices (BMPs).
Weld County will not maintain drainage related areas or medians. This
must be addressed by the Homeowner's Association or owner.
If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved
CDPHE Stormwater Permit.
L. Intersection sight distance triangles at development entrances will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity.
Should noxious weeds exist on the property, or become established as a
result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to
Section 15-1-180 of the Weld County Code
N. Access to the property shall be privately maintained.
Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of
the Weld County Code, the Utility Board Conditions, and per the
requirements of the Utility Board recommendations, as delineated in the
minutes of the meeting dated November 8, 2012.
P. The site shall maintain compliance with the Mountain View Fire Protection
District at all times.
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Q. A Site Plan Review is required in accordance with Section 23-2-150 of the
Weld County Code.
R. A building permit may be required for any new construction, alteration, or
addition to any buildings or structures on the property.
It is required that a code analysis be done on the project by a design
professional with experience in this area.
T. A Building Permit Application must be completed and two (2) complete
sets of engineered plans, including Engineered Foundation Plans bearing
the wet stamp of a Colorado registered architect or engineer, must be
submitted for review.
A Geotechnical Engineering Report performed by a registered Colorado
engineer shall be required or an Open Hole Inspection.
Buildings, equipment and structures shall conform to the requirements of
the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2012 International Building
Code, 2012 International Mechanical Code, 2012 International Plumbing
Code, 2006 International Energy Code, 2012 International Fuel Gas
Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code
and Chapter 29 of the Weld County Code.
W. A plan review shall be approved and a permit must be issued prior to the
start of construction.
X. Outdoor storage shall be screened from public rights -of -way, and
adjacent properties.
Y. Building height shall be measured in accordance with the 2012
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction, and to
determine compliance with the Bulk requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code to determine compliance with
offset and setback requirements. Offset and setback distances are
measured from the farthest projection from the building, zero lot line
setback for the Fire Station emergency notification sign located on the
North property line as requested by the applicant. Property lines shall be
clearly identified, and all property pins shall be staked prior to the first site
inspection.
All signs, including entrance signs, shall require building permits. Signs
shall adhere to Chapter 23, Article 4, Division 2, and Appendix 23-C
through 23-E of the Weld County Code and the approved Sign Plan.
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These requirements shall apply to all temporary and permanent signs,
unless otherwise amended.
AA. Effective April 25, 2011, building permits issued on the property will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee Program.
AB. Effective April 25, 2011, building permits issued on the property will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
AC. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Articles II and VIII, of the Weld
County Code.
AD. Necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be
granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
AE. The site shall maintain compliance, at all times, with the requirements of
the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services, state and federal agencies, and the
Weld County Code.
AF. Weld County's Right to Farm Statement, as provided in Appendix 22-E of
the Weld County Code shall be recognized at all times.
AG. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
AH. Section 27-8-60 of the Weld County Code - Failure to Record a Planned
Unit Development Final Plan - If a Final Plan plat has not been recorded
within one (1) year of the date of the approval of the PUD 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 Final Plan has not been abandoned and that
the applicant possesses the willingness and ability to record the PUD
Final Plan plat. The Board may extend the date for recording the plat. If
the Board determines that conditions supporting the original approval of
the PUD Final Plan cannot be met, the Board may, after a public hearing,
revoke the PUD Final Plan.
Al. Section 27-8-80.A of the Weld County Code - Failure to Comply with the
PUD Final Plan - The Board of County Commissioners may serve written
notice upon such organization, or upon the owners or residents of the
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PUD, setting forth that the organization has failed to comply with the PUD
Final Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof. A hearing shall be
held by the Board within fifteen (15) days of the issuance of such notice,
setting forth the item, date and place of the hearing. The Board may
modify the terms of the original notice as to deficiencies and may give an
extension of time within which they shall be rectified.
AJ. Section 27-8-80.6 of the Weld County Code - Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter 24 of the Weld County Code and Section 30-28-101, et seq.,
C.R.S.
AK. No development activity shall commence, nor shall any building permits
be issued on the property, until the final plan has been approved and
recorded.
AL. The Final plat map shall be submitted to the Department of Planning
Services for recording within one hundred twenty (120) days of approval
by the Board of County Commissioners. With the Final 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).
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of January, A.D., 2013.
BOARD OF OUNTY COMMISSIONERS
WELD Cl , COLORADO
ATTEST:
Weld County Clerk to the Board
BY: W
Deputy Clerk t
APPRO n AS
i
y torney
Date of signature!AN 3 0 2013
William F. Garcia. Chair
Sean P. Conway
T `t LJL io+
Mike Freeman
arbara Kirkmeyer
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