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HomeMy WebLinkAbout20081093.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Frontier Companies LLC Case Number 3rd AMPF-431 Submitted or Prepared • Prior to At Hearing Hearing rcRr ,I j— r' 1 Staff Comments X N' Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X N, 2 Legal Notifications X N 3 Application X 4 Referral List X Referrals without comment X Weld County Zoning Compliance, referral dated January 9,2008 X Weld County Department of Planning Services, Landscape, referral dated January X 12, 2008 City of Longmont, referral dated January 16,2008 X Town of Mead, referral dated January 22, 2008 X • Longmont Soil Conservation District, referral dated February 5,2008 5 Referrals with comments X Mountain View Fire Protection District, referral dated January 17,2008 X Town of Frederick, referral dated January 23,2008 X Weld County Department of Public Works, referral dated January 28, 2008 X State of Colorado Department of Transportation, referral dated February 5, 2008 X Weld County Department of Public Health and Environment, referral dated X February 7,2008 6 Maps X 7 Deed/Easement Certificate X 8 Surrounding Property/Mineral Owners X 9 Utilities X I hereby certify that the twenty one items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Jacqueline Hat q -i Planner EXHIBIT • I 2008-1093 ?x st P.U.D Final Plan • WIiDc. COLORADO Case Number: 3ndAMPF-431 Hearing Date: March 18, 2008 Planner: Jacqueline Hatch Applicant: Frontier Companies LLC c/o Wendell Gene Pickett, 1700 Kylie Drive, Suite 240, Longmont CO 80504 Address: Stagecoach Drive, Longmont CO 80403 Request: A third Amendment to a PUD Final Plat Redesign - consolidating Lots 8 & 9 of Block 2 into one (1) lot in the Western Dairymen Cooperative PUD Legal Description: Lots 8 & 9 Block 2 Western Dairymen Cooperative Section 10, T2N, R68W of the 6th P.M., Weld County, CO. Location: South of State Highway 119 and approximately 'A mile east of County • Road 7 %2. Parcel Size: 2.22 +/- total combined Parcel Numbers: 1313 10 102008 & 1313 10 102009 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' Staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral dated February 7, 2008 Weld County Department of Public Works, referral dated January 28, 2008 • Weld County Code Compliance, referral dated January 9, 2008 • Weld County Department of Planning Services, Landscape referral, dated January 12, 2008 • Longmont Soil Conservation District, referral dated February 5, 2008 • Mountain View Fire Protection District, referral dated January 17, 2008 • Town of Mead, referral dated January 22, 2008 • City of Longmont, referral dated January 16, 2008 • Town of Frederick, referral dated January 23, 2008 • State of Colorado Department of Transportation, referral dated February 5, 2008 • EXHIBIT I 3rd AMPF-431 Western Dairymen Cooperative PUD Page 1 • it� TAP P.U.D Final Plan Administrative Review WIiDc COLORADO Case Number: 3ndAMPF-431 Hearing Date: March 18, 2008 Planner: Jacqueline Hatch Applicant: Frontier Companies LLC c/o Wendell Gene Pickett, 1700 Kylie Drive, Suite 240, Longmont CO 80504 Address: Stagecoach Drive, Longmont CO 80403 Request: A third Amendment to a PUD Final Plat Redesign - consolidating Lots 8 & 9 of Block 2 into one (1) lot in the Western Dairymen Cooperative PUD Legal Description: Lots 8 & 9 Block 2 Western Dairymen Cooperative Section 10, T2N, R68W of the 6th P.M., Weld County, CO. • Location: South of State Highway 119 and approximately IA mile east of County Road 7 '/. Parcel Size: 2.22 +/- total combined Parcel Numbers: 1313 10 102008 & 1313 10 102009 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 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: a. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of the Weld County Code and any intergovernmental agreement in effect influencing the PUD. The proposed 3r° Amended PUD Final Plan proposes to eliminate the lot line between Lots 8 & 9 of Block 2 creating one large. The proposal is consistent with all the applicable chapters of the Weld County Code. There is an existing ten foot (10') utility easement along the north edge and an existing fifteen foot (15') utility easement along the south edge of Lots 8 & 9 of • Block 2. At the Utility Board hearing dated February 14, 2008 the Utility Board requested that the applicant keep the existing ten foot (10') utility easement along the north edge and the existing fifteen foot (15') utility easement along the south 2nd AMPF-431 Western Dairymen Cooperative PUD Page 2 edge of Lots 8 & 9 as originally approved through the Western Dairymen Cooperative PUD reception #2590085. The applicants will be required to obtain a written sign-off from the utility service providers prior to recording the plat. The • site is located within the Mixed Use Development (MUD) area and will be developed to MUD standards at the time of the Site Plan Review. The property is not located in an Inter-Governmental Agreement (IGA) area but is located within three miles of the City of Longmont, Town of Firestone, Town of Frederick, and the Town of Mead. b. Section 27-7-40.C.2--That 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. The proposal does not affect the performance standards and/or the Development Standards as approved by the Board of County Commissioners for the Western Dairymen Cooperative Final Plat on November 24, 1997. The applicant will be responsible for an Improvements Agreement on Lots 8 & 9 Block 2 of the Western Dairymen Cooperative at the time of the Site Plan Review. c. Section 27-7-40.C.3 --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 Town of Mead, and the City of Longmont indicated in their referrals that they have no concerns. The Town of Frederick in their referral dated January 23, 2008 state "please apply uniform design principles per the IGA for future development and annex when contiguous with the Towns boundary". The Town of Firestone did not respond to the referral. • d. Section 27-7-40.C.4 -- 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 Article II, Chapter 27 of the Weld County Code. The site is serviced by Left Hand Water District and St. Vrain Sanitation District upon receipt of a tap fee agreement. e. Section 27-7-40.C.5 -- 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 proposal does not affect transportation facilities. The Department of Public Works indicated in their referral dated January 28, 2008 that they have no comments or any disagreements with this application. The State of Colorado Department of Transportation in their referral dated February 5, 2008 that they have no comment and the consolidating of the lots will have no impact to traffic. f. Section 27-7-40.C.6 - 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 Chapters 22, 24 and 26, if applicable. The proposal does not affect transportation facilities as per the Public Works referral dated January 28, 2008 and the State of Colorado Department of Transportation referral dated February 5, 2008 • g. Section 27-7-40.C.7 -- 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. Issues regarding overlay districts, commercial mineral deposits, and soil 3r°AMPF-431 Western Dairymen Cooperative PUD Page 3 • conditions were addressed during the original Final Plan, S-431 for Western Dairymen Cooperative reception #2590085. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) h. Section 27-7-40.C.8--/f compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the development guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to recording the PUD Final Plat: a. The Amended Final Plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) b. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection District referral dated January 17, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) c. The applicant shall address the requirements (concerns) of the Town of Frederick referral dated January 23, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) d. The applicant shall address the requirements (concerns) of the Department of Public Works referral dated January 28, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) e. The applicant shall address the requirements (concerns) of the Department of Public Health and Environment referral dated February 7, 2008. Evidence of • such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) f. The plat shall be amended to include the following: 3rd AMPF-431 Western Dairymen Cooperative PUD Page 4 • 1. The applicant shall place the Certificate of Dedication Ownership and Maintenance: Surveying Certificate, Certificate of Approval by the Planning Commission and Certificate of Approval by the Board of County Commissioners on the 3r' mended Final Plat for Western Dairymen Cooperative. (Department of Planning Services) 2. All sheets of the plat shall be labeled 3r' AMPF-431. (Department of Planning Services) 3. The applicant shall address the requirements (concerns) of the Utility Advisory Board as stated in the meeting minutes from February 14, 2008. (Department of Planning Services) 4. The applicant shall obtain a written sign-off from the utility providers prior to recording the plat. The utility name and signature shall be on the plat in accordance with Section 27-9-40.B of the Weld County Code. (Department of Planning Services & Utility Advisory Board) g. The Final Plat is conditional upon the following and each shall be placed on the Final Plat as notes prior to recording: 1. This replat shall comply with the notes listed on the Western Dairymen • Cooperative PUD plat (S-431) recorded January 21, 1998 under reception # 2590085 as listed below. (Department of Planning Services) a. The uses permitted within the PUD Final plan shall include a total of nineteen lots and open space will comply with the PUD Zone District requirements and as described in the application materials. b. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code c. Left Hand Water District shall provide water_service to all uses within the PUD Zone District. d. St. Vrain Sanitation District shall provide sewage disposal to all lots within the PUD Zone District. e. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code as amended and the conditions of the Weld County Utility Board. f. All uses with the PUD Final Plan shall comply with the requirements of the Mountain View Fire Protection District. • g. Access to the development shall be from County Road 7.5 which intersects State Highway 119. 3rd AMPF-431 Western Dairymen Cooperative PUD Page 5 h. All uses within the PUD Final Plan shall maintain compliance at all times with the Department of Army, Corps of Engineers requirements/standards. Exterior illumination of structures, yards and driveways shall be restricted as follows: 1. Sources of light shall be shielded so that beams of light will not shine directly onto adjacent properties. 2. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. j. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. k. Any proposed sign shall adhere to Sections 23-4-100, 23-4-110 and 26-2-90 of the Weld County Code. The applicant shall apply for and receive a building permit for all proposed signs. Prior to the release of building permits for structures, foundation • plans shall be submitted bearing the stamp of a Colorado Professional Engineer for review and approval by the Weld County Building Inspection Department. m. Prior to any use or construction of any lot with the PUD a Site Plan Review application shall be submitted, reviewed, and approved and conditions met. n. All lots within the PUD shall adhere to the MUD Development Standards and shall be reviewed through the Site Plan Review application process. 2. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Fee Program. (Ordinance 2002-11) (Department of Planning Services) 3. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Program. (Ordinance 2005-8 Section 5-8-40) 4. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets • of plans are required when applying for each permit. (Department of Building Inspection) 3rd AMPF-431 Western Dairymen Cooperative PUD Page 6 • 5. 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; 2006 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 6. Each building will require an engineered foundation based on a site- specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 7. Building height, wall and opening protection and separation of buildings with mixed uses shall be in accordance with the Building and / or Residential Code in effect at the time of permit application. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) 8. Building height shall be measured in accordance with the applicable 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 in order to determine compliance with offset and setback requirements. Off-set and setback requirements are measured to the farthest projection from the building. (Depart of Building Inspection) 9. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) 10. The property owner shall be responsible for complying with Chapter 27 and Chapter 26, Article VIII, of the Weld County Code. (Department of Planning Services) 11. The property owner shall be responsible for complying with the criteria of Chapter 26 of the Weld County Code. (Department of Planning Services) 12. 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) 13. 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 3rd AMPF-431 Western Dairymen Cooperative PUD Page 7 • Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) 14. 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) 15. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 1 acre 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) 16. All signs shall require building permits. Signs shall adhere to the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) 17. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) • 18. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial and Industrial Zone District until a Site Plan Review application meeting the criteria of Section 23-2-160 and Section 26 of the Weld County Code has been submitted to the Department of Planning Services for review and approval. (Department of Planning Services) 2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 3. The applicant shall submit a digital file of all drawings associated with the 3rd Amended Final Plat 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). (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. Upon completion of items #1 and #2 above 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 Department of Planning • Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-4-40.D.6 through D.9 of the Weld County Code. The Mylar plat and 3rd AMPF-431 Western Dairymen Cooperative PUD Page 8 • 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. • • AMPF-431 Western Dairymen Cooperative PUD Page 9 • • 4 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE • 424 LONGMON 2, COC 80504 PHONE: (720)652-4210, Ext. 8730 111k. FAX: (720) 652-4211 kii COLORADO January 9, 2008 Frontier Companies LLC c/o Wendell Pickett 1700 Kylie Dr Ste 240 Longmont CO 80504 Subject: 3AMPF-431- Request for an amendment to a PUD Final Plat Redesign; consolidating Lots 8 &9 of Block 2 into one lot in the Western Dairymen Cooperative PUD on a parcel of land described as Lots 8 & 9, Block 2, Western Dairymen Cooperative, Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for March 18, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. Ills the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado evised 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Firestone, Frederick, Longmont and Mead Planning Commission for their review and comments. Please call Firestone at 303-833-3291, Frederick at 303-833-2388, Longmont at 303-651- 8330 and Mead at 970-535-4477 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Frederick, Longmont and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Ilispectfully, c..\,....._ Jacquelin�letch Planner \ PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 8, 2008 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR 3ampf-431 IN THE A (Commercial and Industrial) ZONE DISTRICT. Jacqueline Hatch Name of Person Posting Sign —Jacqueline Hatch • C Sig t re of Person Posting Sign STATE OF COLORADO ) ) ss. 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Ism i 1 it-I .l a L ), '1 , I + i -.1 _ • -•._) i t -- - T• • ' • • TEA �= ' _ 4 _ t _ 3-ar 4 ... . i �' Y' " v C SYI #.1I I' I I 1 II.. , } d • FIELD CHECK Inspection Date: 3/7/08 APPLICANT: Frontier Companies LLC c/o Wendell Gene Pickett CASE# : 3rd AMPF-431 REQUEST: An Amendment to a PUD Final Plat Redesign - consolidating Lots 8 & 9 of Block 2 into one(1)lot in the Western Dairymen Cooperative PUD LEGAL: Lots 8 & 9 Block 2 Western Dairy Men Cooperative Section 10, T2N, R68W of the 6th P.M.,Weld County, CO. LOCATION: South of HWY 119 and approximately Y.mile east of CR 7 1/2. PARCEL ID#: 1313 10 102008& 1313 10 102009 ACRES: 2.22 +/- Zoning Land Use N PUD C-3 I-1 N business E PUD C-3 I-1 E business S PUD R-1 S Residential • W PUD C-3 1-1 W vacant COMMENTS: Vacant land Level lot Businesses to the north and east of the site Residential to the south Vacant lots to the west Jacquelin Hatch, Plan er • Hello