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HomeMy WebLinkAbout20102623.tiff RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, 2NDAMPF#336, FOR DEL CAMINO CENTER PUD (TO DIVIDE BLOCK 2 AND BLOCK 2A INTO ONE (1) ADDITIONAL LOT) - UQM PROPERTIES, INC., C/O RAW LAND SOLUTIONS, LLC 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 10th day of November, 2010, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of UQM Properties, Inc., 4120 Specialty Place, Firestone, Colorado 80504, c/o Raw Land Solutions, LLC, 13357 West 84th Drive,Arvada, Colorado 80005, requesting a Site Specific Development Plan and Second Amended Planned Unit Development Plan, 2ndAmPF-336,for Del Camino Center PUD(to divide Block 2 and Block 2A into one (1) additional lot), for a parcel of land located on the following described real estate, to-wit: Block 2 and Block 2A — Amendment to the Del Camino Center PUD; located in part of the W1/2NW1/4 of Section 14, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented at said hearing by Teresa Kerrigan, Raw Land Solutions, LLC, 13357 West 84th Drive, Arvada, Colorado 80005, and WHEREAS, Section 23-1-80.C and 23-2-780 of the Weld County Code provides standards for review of a Planned Unit Development Final Plan approved prior to the effective date of Ordinance No. 197 (January 27, 1998), 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 23-2-730 of the Weld County Code. 2. The request is in conformance with Section 23-2-780 as follows: a. Section 23-2-780.D.1 --The proposal is consistent with the Chapter 22 and any other applicable code provision or ordinance in effect. 1) Section 22-2-120.A (R.Goal 1) states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." Lot 2 of the ce e w PL NL - Yew, PP/L I I 3 10 2010-2623 PL0425 SECOND AMENDED PUD FINAL PLAN, 2NDAMPF-336 - UQM PROPERTIES, INC., C/O RAW LAND SOLUTIONS, LLC PAGE 2 proposed Second Amended PUD is presently served by the Central Weld County Water District and the Saint Vrain Sanitation District. 2) The proposed site is not influenced by any Intergovernmental Agreements (IGA) or the Regional Urbanization Area (RUA). b. Section 23-2-780.D.2 -- The uses which would be allowed in the proposed Second Amended PUD District will conform with the Performance Standards of the PUD District contained in Section 23-3-420. Any future development within this Second Amended PUD will be reviewed through the site plan review process to ensure compliance with Section 23-3-420 of the Weld County Code. c. Section 23-2-780.D.3--The uses which will 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 and any other applicable code provision or ordinance in effect or Master Plans of affected municipalities. This site is located within the three- mile referral area of the City of Longmont and the Towns of Frederick and Firestone. It is not located within a coordinated planning agreement (IGA) boundary. The City of Longmont, in the referral dated July 26, 2010, indicated no conflicts with its interests. The Town of Firestone, in the referral dated July 23, 2010, stated that the property was in the growth boundary, that the site abuts a pending residential development to be located in the Town of Firestone to the east(Cottonwood Hollow, Filing No. 1), and asked if there are any height restrictions or architectural requirements for the proposed future building on proposed lot 3. Any future buildings or developments on the site will be subject to the Weld County Site Plan Review process. Chapter 19, Article III, of the Weld County Code outlines baseline design standards that developments on this site shall adhere to, including a maximum building height of 50 feet. d. Section 23-2-780.D.4 -- Adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD District. A PUD District with residential uses shall be served by a public water system. This site (Lot 2) is presently served by Central Weld County Water District and the Saint Vrain Sanitation District. Future development of the site will require evidence of adequate water (Central Weld) and sewer service (Saint Vrain Sanitation) at the time of site plan review. e. Section 23-2-780.D.5 -- 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 Zone District. In the event that the street or highway facilities are not adequate,the applicant shall supply information which demonstrates the willingness and financial capability to upgrade the street or highway facilities in conformance with Section 22-3-60 of this Code. This shall be shown by submitting, with 2010-2623 PL0425 SECOND AMENDED PUD FINAL PLAN, 2NDAMPF-336 - UQM PROPERTIES, INC., C/O RAW LAND SOLUTIONS, LLC PAGE 3 the PUD District application, a separate proposal for off-site road improvements. This proposal shall describe, in detail, the type of off-site road improvements to determine if the requirement for street or highway facilities providing access to the property has been satisfied. The method of guaranteeing the installation of proposed off-site road improvements shall be described as part of any off-site road improvement proposal. The method of guarantee shall conform with the County's policy regarding collateral for improvements. An Off-site Road Improvement proposal shall be used for the purpose of determining compliance with this Section. The site accesses the East 1-25 Frontage Road via a private, non-maintained county road (Specialty Place). Any future parking, access, sidewalk, curb, and gutter improvements will be addressed through the Site Plan Review process. f. Section 23-2-780.D.6 — There has been compliance with the applicable requirements contained in Section 23-2-30.A.5 regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. This site is not located within an area containing commercial mineral deposits according to the Weld County Sand and Gravel Resources Map, dated July 1, 1975. The proposed facility does not lie within the boundaries of any overlay district. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program. Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of UQM Properties, Inc., c/o Raw Land Solutions, LLC, for a Site Specific Development Plan and Second Amended Planned Unit Development Plan, 2ndAmPF-336, for Del Camino Center PUD (to divide Block 2 and Block 2A into one (1) additional lot), on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the PUD Final Plat: A. The applicant shall address the requirements of the Department of Public Works, as stated in the referral response dated August 10, 2010. Evidence of Public Works approval shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall attempt to address the requirements of the Mountain View Fire Protection District, as stated in the referral response dated August 5, 2010. Written evidence of such shall be provided to the Department of Planning Services. 2010-2623 PL0425 SECOND AMENDED PUD FINAL PLAN, 2NDAMPF-336- UQM PROPERTIES, INC., C/O RAW LAND SOLUTIONS, LLC PAGE 4 C. The applicant shall attempt to address the concerns of the Town of Firestone, as stated in the referral response dated July 23, 2010. Written evidence of such shall be provided to the Department of Planning Services. D. 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. E. The applicant shall submit a copy of an agreement with the property's mineral owners/operators, stipulating that the oil and gas activities have adequately been incorporated into the design of the site,to the Weld County Department of Planning Services, or, show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. Drill envelopes may be delineated on the plat, in accordance with state requirements, as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. F. The Department of Planning Services respectfully requests a digital copy of this Second Amended Final Plan, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. G. The Plat shall be amended to include the following: 1) All sheets of the plat shall be labeled 2nd AmPF-336. 2) 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. 3) The plat shall include a utility service block, per section 27-9-40.B of the Weld County Code. 4) The Utility Easements shall conform to Section 24-7-60 of the Weld County Code and adhere to the requirements of the Utility Board hearing of August 26, 2010. 5) The signature block for the Department of Planning Services shall be removed and replaced with the signature block for the Weld County Planning Commission and Board of County Commissioners. 6) The detention ponds shall be placed within a drainage easement and a metes and bounds description of the easement shall be provided. The detention ponds shall be labeled as "No Build/Storage Areas." 2010-2623 PL0425 SECOND AMENDED PUD FINAL PLAN, 2NDAMPF-336- UQM PROPERTIES, INC., C/O RAW LAND SOLUTIONS, LLC PAGE 5 The detention ponds shall also indicate the release rate and storage volumes. 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. 2nd Amended Final Plat for Amended Del Camino Center PUD (divide Block 2 and Block 2A into one (1) additional lot). B. Installation of utilities shall comply with Sections 24-9-10 and 27-9-40 of the Weld County Code and the Utility Board conditions. C. Any future development of these lots will require site plan review approval by the Weld County Department of Planning Services. The site plan review process is currently stipulated in Chapter 23,Article II, Division 3,of the Weld County Code. D. Water service shall be obtained from the Central Weld County Water District. E. Sewer service shall be obtained from the Saint Vrain Sanitation District. F. 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. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment, at www.cdphe.state.co.us/wq/PermitsUnit, for more information. G. 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, a Fugitive Dust Control Plan must be submitted. H. In accordance with the regulations of the Colorado Air Quality Control Commission, any development which disturbs more than five (5) acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. I. Weld County's Right to Farm statement, as delineated on this plat, shall be recognized at all times. J. All signs, including entrance signs, shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. 2010-2623 PL0425 SECOND AMENDED PUD FINAL PLAN, 2NDAMPF-336- UQM PROPERTIES, INC., C/O RAW LAND SOLUTIONS, LLC PAGE 6 K. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. L. Building permits shall be obtained prior to the construction of any building or structure. Building permits are also required for signs and structures, such as the bus shelter, if provided. M. Weld County Government personnel 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 stated herein and all applicable Weld County regulations. N. 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, and adopted Weld County Code and policies. O. All building plans shall be submitted to the Mountain View Fire Protection District, for review and approval, prior to the issuance of building permits. P. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Q. Section 27-8-80.B 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, C.R.S. R. No development activity shall commence, nor shall any building permits be issued on the property, until the Second Amended Final Plan has been approved and recorded. 3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall submit three (3) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 2010-2623 PL0425 SECOND AMENDED PUD FINAL PLAN, 2NDAMPF-336 - UQM PROPERTIES, INC., CIO RAW LAND SOLUTIONS, LLC PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of November, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 'f • �� s� 4� _ tissi T ,� .I=s Rade :cher, C air Weld County Clerk to the Bo td r‘1k H.-rrA rbara Kirkmeyer, ro-Tem BY: at 1 4. lx Depu Jerk to he Board �. Sean P. C ay APPROAD AS FORM: (Vii y Willis . Garcia ty Attorney David E. Long Date of signature: I i i�Ile 2010-2623 PL0425 Hello