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Home My WebLink About20031521.tiff HEARING CERTIFICATION DOCKET NO. 2003-49 RE: CHANGE OF ZONE #555 FROM C-4 (HIGHWAY COMMERCIAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR 15 COMMERCIAL / INDUSTRIAL LOTS - LYONS 66 PACIFIC, LLC A public hearing was conducted on June 25, 2003, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Kim Ogle Health Department representative, Pam Smith Public Works representative, Drew Scheltinga Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated May 30,2003,and duly published June 5,2003,in the South Weld Sun,a public hearing was conducted to consider the request of Lyons 66 Pacific,LLC, for Change of Zone#555 from the C-4 (Highway Commercial)Zone District to the PUD (Planned Unit Development)Zone District for 15 commercial/industrial lots. Lee Morrison,Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated John Folsom,Planning Commissioner,submitted a letter, marked Exhibit Q,suggesting this case be referred back to the Planning Commission due to the likelihood that changes have been made to the proposal since it was heard on May 15,2001. Mr.Ogle stated the Departments of Planning Services and Public Works do not feel there have been any significant changes since the time of Planning Commission consideration. In response to Commissioner Vaad, Mr. Ogle read the letter from Mr. Folsom. Commissioner Jerke commented Mr. Folsom was not in attendance to hear this on May 15, 2001. He further stated changes often occur following the Planning Commission hearing to address comments made, which usually results in a better proposal. The Board deemed it advisable to proceed with the testimony in an effort to determine whether any significant changes have been made. Mr. Ogle gave a brief description of the location of the site,and read a letter from the Town of Mead,dated December 8, 2000, requesting the applicant be referred to the town for annexation. Mr. Ogle stated the Town of Frederick did not respond to the referral request. He submitted a letter from the County Attorney to the applicant,dated July 26,2003, marked Exhibit S,authorizing the applicant to proceed because this application was submitted prior to the effective date of the Intergovernmental Agreement with the Town of Mead. Mr. Ogle gave a brief summary of the surrounding uses,and stated 12 referral agencies reviewed this proposal,and six responded with comments that have been incorporated into the Conditions of Approval. He stated there is a signed agreement indicating water will be 2003-1521 PL1670 C'c : et Al -� Dc'w HEARING CERTIFICATION - LYONS 66 PACIFIC, LLC (COZ#555) PAGE 2 provided by the Little Thompson Water District, and the St. Vrain Sanitation District will provide sanitary sewer service. He stated each parcel in the Planned Unit Development will be subject to a Site Plan Review,and an improvements agreement will be required for the overall development, as well as each individual parcel. Pam Smith, Department of Public Health and Environment,stated she has no comments regarding this application. Drew Scheltinga, Department of Public Works,stated this has been a complicated development to review due to plans for widening 1-25 and State Highway 66, which border this property on the north and west, as well as an interchange at that intersection which is scheduled for improvements by the Colorado Department of Transportation(CDOT). He stated the applicant has also worked extensively with the Weld County Department of Public Works regarding the realignment of the 1-25 Frontage Road which will pass through this property and come to an intersection at Mead Street in the Sekich Industrial Park to the north,with a light at that intersection. He stated the applicant and staff have developed a phased plan which involves a temporary access from the existing frontage road, a phased plan for roadway development and lot access, and any remaining concerns will be addressed through the Conditions of Approval. In response to Commissioner Geile,Mr. Scheltinga stated there will be a traffic light at the access to State Highway 66, and there will eventually be a traffic light at Weld County Road 9.5, which coincides with the improvements planned for Highway 66. He further stated the existing frontage road will no longer access near the interchange; it will be realigned to connect at Mead Street to provide proper separation to ensure the signals work correctly. Responding to Commissioner Jerke,Mr.Scheltinga stated Mead Street is the existing main entrance to the Sekich property. John Davis represented the applicant and stated they have worked extensively with CDOT,and he has been impressed with the final design and master plan for this corner. He stated the plan will allow them to move forward with this project while accommodating the anticipated traffic in the area. He stated they are anxious to commence work on the realignment project,and they have numerous clients who are ready to begin development in this Planned Unit Development,which will create jobs for the area. In response to Commissioner Vaad, Mr. Davis stated CDOT agreed to allow the proposed streets to be 60 feet in width, in accordance with Weld County standards. He further stated they plan to bring in four feet of fill dirt to help elevate the site,and the future retail companies may do additional grade work. Responding further to Commissioner Vaad, Mr. Davis stated they have not discussed an eventual annexation to the Town of Mead because they prefer to develop under the standards of the Mixed Use Development area, and he feels Weld County has a better working relationship with CDOT to address the complicated transportation issues related to this site. Responding to Commissioner Jerke, Mr. Davis concurred the property appears to be at a low elevation; however, it is at eye level with traffic on 1-25,which is where they will draw most of their customers. He further stated backs of the businesses will face Highway 66, which may require additional fill dirt and landscaping. Commissioner Geile referenced a referral letter from the Weld County Sheriff's Office, marked Exhibit 14,regarding law enforcement in the area. He stated it does not appear the applicant should be responsible for law enforcement and he recommended Condition #1.F be deleted. Commissioner Jerke commented since those comments were submitted,Weld County has also constructed the Southwest Weld County Administrative Building. Mr. Morrison commented the condition allows for the applicant to provide private security,if necessary,beyond what the Sheriffs Office can provide; however, he is not opposed to deleting the condition. Commissioner Geile 2003-1521 PL1670 HEARING CERTIFICATION - LYONS 66 PACIFIC, LLC (COZ#555) PAGE 3 stated the current language appears to place the applicant in the position of providing police services. No public testimony was offered concerning this matter. Mr. Ogle suggested Condition of Approval#3.V be amended to allow for an administrative review of the Final Plan to expedite the remainder of the process. In response to Chair Long, Mr. Davis stated he has reviewed and concurs with the Conditions of Approval as proposed and modified. Commissioner Masden moved to approve the request of Lyons 66 Pacific, LLC, for Change of Zone #555 from the C-4 (Highway Commercial) Zone District to the PUD (Planned Unit Development)Zone District for 15 commercial/industrial lots,based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval as entered into the record. His motion also included deleting Condition of Approval#1.F,and modifying Condition of Approval#3.V to allow for an administrative review of the Final Plan. The motion was seconded by Commissioner Jerke. Commissioner Geile referenced the letter from the County Attorney's Office to the Town of Mead. He stated this application was received prior to the effective date of the Intergovernmental Agreement, therefore, this application is not subject to the terms of the agreement. There being no further discussion,the motion carried unanimously and the hearing was completed at 12:30 p.m. This Certification was approved on the 30th day of June 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS COUNTY, L RADO ATTEST: D i E. Long Chair Weld County Clerk to t B 18610i...C Robert . " den, Pro-Tem BY: �¢.r/ L • Deputy Clerk to the d �� ..�� M. J. eile TAPE #2003-24 < ` lam Williiaam Jerke DOCKET #2003-49 /�l� A , , t Q�" Glenn Vaad 2003-1521 PL1670 EXHIBIT INVENTORY CONTROL SHEET Case COZ #555 - LYONS 66 PACIFIC, LLC, C/O JOHN DAVIS Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 01/02/2001 and 05/15/2001 ) D. Clerk to the Board Notice of Hearing E. RJL, LLC Letter re: Release of Surface Use Rights (06/25/01) F. Mountain View Fire Protection District Letter re: Referral response (10/11/2002) G. Swift and Associates Frontage Sketch (11/11/2002) H. Public Works Staff Memorandum re: Referral response (12/02/2002) I. Planning Staff Memorandum re: Meeting Minutes for November 26, 2002 J. CDOT Referral response (01/30/2003) K. Swift and Associates Revisions to Change of Zone Plan L. CDOT Letter re: Additional requirements (02/10/2003) M. Mountain View Fire Protection District Letter re: Referral response (02/21/2003) N. Public Works Staff Memorandum re: Referral Response (03/12/2003) O. Public Works Staff Memorandum re: Referral Response (03/28/2003) P. Mountain View Fire Protection District Letter re: Referral Response (04/04/2003) Q. John Folsom E-mail of Concern received 6/19/2003 R. Planning Staff Photo of sign posted on site S. Planning Staff Letter from County Attorney to Michael Shea regarding Mead IGA, dated 07/26/2000 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JUNE, 2003: ,A=--__--__ DOCKET#2003-51 -JOHN JOHNSON • BL NT O N DOCKET#2003-50 - JMF CATTLE COMPANY/GRANT BROTHERS C83c DOCKET#2003-49 - LYONS 66 PACIFIC, LLC, C/O JOHN DAVIS TIMOTHY S. HAKES Broker Associate Dunton Realty Company PLEASE legibly write or print your name and complete address. 1720 So.Bellaire Street,Penthouse•Denver,Colorado•80222 (303)758-3131 •Fax:758-3293•Direct:758-0427 x369 E-mail:thakes@DuntonRealty.com ER NAME - ADDRESS www.DuntonRealty.com *, n-ruv_0.Irn0/d6fMY1 Cm'o‘ John Doe 123 Nowhere Street, City, State, Zip r, �",- 1, I rnCa4 r3 &74q ( Son /cot 1 (�cv ,,,. 9„I i,-,� H A6(003 adif�n 6df 1O OB,v 0A��ts� 46 2n �, `f /-" r,� L Ai �f3�1� i 'o 4 . ikr- 1 e , a/) S� &eO'�J,o G rrc r, P©? 7,Ws74y a-. l-aaroit, C. g0503 rrn/n h 6)- Tt,A X Sok, .Z 3G/(e w._; c/( `7 42 a /0 kt /�: $-UC/S" jTr±ncsnn r 't1O VD k0C P 'ILA e_cti n� Cc) �CQ 15 _� ;a Jn, CVA4/7snn 3.30/ti �.,c,� 7y Fes ,- �2 'O</s- k•Ictd / --,fir W 3 j I H ;c--�+-�„tS L- i.rv\- ,,. r fit\ __:.........- :Woo kkv / tnow> � Ire-krt-4 I/ r r 2 17;0 S-o, 73eL L4 i it.A_ C7 De W2Vt3/lef (U SP A94. •71M knits h 20 Co. &FL- - 5T P 1/ DES/ - CA Youz Hello