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HomeMy WebLinkAbout20031509.tiff Kim Ogle - InvLyons.wpd Page 1 j INVENTORY OF ITEMS FOR CONSIDERATION Applicant John Davis/Boulder 66 Pacific Case Number Z 555 Submitted or Prepared Prior to At PC Hearing Hearing 4 Board of County Commissioners Comments 2 Staff Comments(16 pages) X 3 Department of Planning Services field check form X 4 Letter to Applicant X 5 Legal Notifications(6 pages) X 6 Application X 7 Referral list X 8 Weld County Referral(Blank) X 9 Commissioner Folsom Field Check dated 11-20-2000 X 10 Colorado Division of Wildlife referral received 12-4-2000 X 11 Weld County Department of Building Inspection referral dated 11-20-2000 X 12 Colorado Division of Water Resources referral received 11-22-2000 X 13 Weld County Department of Public Works referral received 11-29-2000 X 14 Weld County Sheriff's Department referral received 12-01-2000 X 15 Mountain View Fire Protection District referral dated 12-07-2000 X 16 Town of Mead referral received 12-8-2000 X 17 Weld County Department of Public Health&Environment referral received X 12-19-2000 18 Colorado Department of Transportation referral received 1-2-2001 X 19 Colorado Department of Transportation,Denver Design Team,letter X received 1-2-2001 20 8 1/2 X 11 maps submitted by applicant(1 page) X 21 Deed(4 pages) X 22 Surrounding Property Owners(22 pages) X 23 Utilities(18 pages) X 24 Soils/Drainage Report(21 pages) X 25 Ogle letter to Davis/Boulder 66 Pacific dated 12-20-2000(Filed under X Comments Tab) 26 Memorandum to Planning Commission asking for Indefinite Continuance, X dated 1-02-2001 (Filed under Comments Tab) 27 Summary of Planning Commission Meeting dated 1-02-2001 (Filed under X Comments Tab) 28 Revised Surrounding Property/Mineral Owners dated 1-09-2001 (Filed X under Surrounding Property Owners Tab) 29 Facsimile from Boulder Pacific to Planning Services regarding Revised X Road Alignment,dated 1-25-2001 (Filed under Application Tab) 30 Facsimile from Boulder Pacific to Planning Services regarding Revised X Road Alignment,dated 1-31.2001 (Filed under Application Tab) 31 Letter from Boulder Pacific dated 1-30-2001 asking for 2nd Continuance X from 2-06-2001 to 2-20-2001 (Filed under Comments Tab) 32 Memorandum to Planning Commission asking for upholding the Indefinite X Continuance of 1-02.2001 (Filed under Comments Tab) 33 Facsimile Letter from HS Resources dated 2-06-2001 (Filed under PC X Exhibits Tab) 34 Ogle letter to Davis/Boulder 66 Pacific dated 2-07-2001 (Filed under X Comments Tab) 35 Ogle letter to Davis I Boulder 66 Pacific dated 2-27-2001 (Filed under X Comments Tab) 36 Facsimile from Swift Associates/Boulder 66 Pacific regarding"Final"Road X alignment,dated 3-07-2001 (Filed under Application Tab) 1 4 exn'sIT UCZ 2003-1509 II Kim Ogle - InvLyons.wpd Page 2 37 Ogle letter to Davis/Boulder 66 Pacific dated 3-12-2001 (Filed under X Comments Tab) 38 Colorado Department of Transportation referral letter received 3-15-2001 X (Filed under Application Tab) 39 Ogle letter to Davis I Boulder 66 Pacific dated 3-22-2001 (Filed under X Comments Tab) 40 Division of Water Resources referral letter received 3-26-2001 (Filed under X Referrals with Comments Tab) 41 Facsimile Letter from Tom Honn,consultant to David Lamb, regarding X alignment of I-25 Frontage Road,dated 3.28-2001 (Filed under Application Tab) 42 Updated Surrounding Property Owner/Mineral owner list,dated 4-5-2001 X (Filed under Surrounding Property Owners Tab) 43 Facsimile of affidavit from David Lamb stating that Tom Honn is his legal X representative for issues pertaining to Lyons 66 Pacific and Longs Peak Equipment road alignment dated 4-9-2001 (Filed under Application Tab) 44 Weld County Department of Public Works referral received 4-12-2001 (Filed X under Referrals with Comments Tab) 45 Sign Posting Certificate dated 4-28-2001 notarized 5-7-2001 (Filed under X Comments Tab) r 2 Kim Ogle- InvLyons.wpd Page 3 PC Exhibits 46 Water Agreement from Little Thompson Water District dated 5-4-2001 X 47 Letter from LSC Transportation Consultants,Inc.dated 4-4-2001 X I hereby certify that the 47 items identified herein were submitted to the Department of Planning Services I at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Kim tO +❖ fanner III r^ , n 3 a LAND USE APPLICATION 4Kat ��'t SUMMARY SHEET 1�1 LYONS 66 PACIFIC COMMERCE PARK Wile. PLANNED UNIT DEVELOPMENT CHANGE OF ZONE COLORADO CASE NUMBER: Z-555 PLANNER: Kim Ogle APPLICANT: John Davis, Lyons 66 Pacific, LLC ADDRESS: 1210 Commerce Court, Unit#36 Lafayette, CO 80026 REQUEST: Change of Zone from C-4, Highway Commercial to PUD for 15 Commercial /Industrial lots in the MUD LEGAL DESCRIPTION: Pt. NW 1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to 1-25 Frontage Road, and south of and adjacent to State Highway 66. ACRES: 35.01+/- PARCEL#: 1207 26 000034 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows The Department of Planning Services' staff has received responses from the following agencies: • Weld County Colorado Division of Wildlife referral received 11-3-2000 • Weld County Department of Building Inspection referral received 11-20-2000 • State of Colorado, Division of Water Resources referral received 11-20-2000, 3-28-2001 • State of Colorado, Division of Water Resources referral received 11-22-2000, 3-26-2001 • Weld County Department of Public Works referral received 11-29-2000, 4-11-2001 • Weld County Sheriffs Office referral received 12-1-2000 • Mountain View Fire Protection District referral received 12-7-2000 • Town of Mead referral received 12-8-2000 • Weld County Department of Public Health & Environment referral received 12-19-2000 • Colorado Department of Transportation referral received 12-29-2000, 3-15-2001 r Z 555 Lyons 66 Pacific,LLC,page 1 1 EXHIBIT t6, CHANGE OF ZONE wiipcADMINISTRATIVE RECOMMENDATION COLORADO CASE NUMBER: Z-555 PLANNER: Kim Ogle APPLICANT: John Davis, Lyons 66 Pacific, LLC ADDRESS: 1210 Commerce Court, Unit#36 Lafayette, CO 80026 REQUEST: Change of Zone from C-4, Highway Commercial to PUD for 15 Commercial /Industrial lots in the MUD LEGAL DESCRIPTION: Pt. NW 1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to 1-25 Frontage Road, and south of and adjacent to State Highway 66. ACRES: 35.01+/- PARCEL#: 1207 26 000034 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 26- 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 this Code. The proposed site is presently influenced by an Inter-Governmental Agreement with the Town of Mead. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-90.6.1 (UGB.Goal 2)states,"Concentrate urban development in or adjacent to existing municipalities or the 1-25 Mixed Use Development area and maintain urban growth boundary areas that provide an official designation between future urban and non-urban uses." The proposed subdivision is located within the Mixed Use Development (MUD) area, and is within the boundaries of (Ordinance 215) the Inter-governmental Agreement (IGA) and Urban Growth (UGB) boundaries with the Town of Mead, Article VIII, Chapter 19, of the Weld County Code. 2) Section 22-2-230.F.1 (MUD.Goal 6)states"To assure that new development occurs in such a manner as to maintain an attractive working and living environment." All applicable Lyons 66 Pacific,Z-555,page 2 standards and regulations of Chapter 22, Chapter 23 and Chapter 26, along with Chapter 27 shall be integrated in the design of the Final Plan. 3) Article VIII, Chapter 19 of the Weld County Code (Ordinance 215), an Intergovernmental Agreement with the Town of Mead presently influences this site. The Department of Planning Services and the County Attorney's office determined that when the application was submitted and under review there was not an IGA in place between Weld County and the Town of Mead, therefore, it was determined by the Weld County Attorney's office that this application would not be subject to Article VIII, Chapter 19 of the Weld County Code(Ordinance 215)given that Article VIII, Chapter 19 of the Weld County Code (Ordinance 215)was not adopted prior to the submittal of the Sketch Plan application. 4) Section 22-3-190.B.1 (MUD.TGoal 2) "Promote a pedestrian trail system to service transportation and recreation purposes within the MUD area." The applicant shall meet with the Department of Planning Services' Long Range Planner to discuss public access and connection to the St.Vrain Valley Trail as directed in the Sketch Plan comments. B. Section 27-6-120.6.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 this Code. Section 27-2-20 Access Standards - The internal road (Pacific Circle) meets the requirements of Chapter 24 of the Weld County Code. Access to this PUD will be off of the 1-25 Frontage Road and State Highway 66. State Highway 66 is immediately north of and adjacent to this proposed development and will provide access from the north. The application is within the Southwest Weld Road Impact Fee Area#3, Appendix 20-E, Article II, Section 20-2-10 of the Weld County Code, (Ordinance 211) and shall require the payment of road impact fees at the time a building permit is applied for as addressed through Section 20-2-200. Section 27-2-30 Buffering and Screening - Given that all proposed uses within the site will go through a Site Plan Review application process, and all on-site screening and buffering will be addressed during the Site Plan Review of each Lot. The site shall maintain compliance with the Mixed Use Development standards regarding screening and buffering of the property, per Section 26-2-70, Landscaping Regulations of the Weld County Code. Section 27-2-40. Bulk Requirements - All commercial and industrial lots in a PUD shall undergo a Site Plan Review Lyons 66 Pacific,Z-555,page 3 application process, as defined in Chapter 23, Article II, Division 3 of the Weld County Code. Section 27-2-50. Circulation - The applicant will be responsible for designing the cross sections according to Section 24-7-20 and Appendix 24-E of the Weld County Code. The applicant shall submit appropriate documentation from the adjacent landowner verifying that he is willing to dedicate the necessary right-of-way for the frontage road and for the future connection to WCR 9.5. The frontage road right-of-way shall be dedicated to CDOT, and the connection right-of-way shall be dedicated to Weld County. Since the alignment for the WCR 9.5 connection has not been finalized, the width of the right-of-way should be 100 feet to provide for minor alignment changes and turn lanes. According to Weld County GIS data, Mead Road north of State Highway (SH) 66 is aligned 30 feet on each side of the sixteenth section line. The developer will need to complete a boundary survey to verify the new frontage road alignment with Mead Road. Further, documentation received from the applicant specific to the traffic study submitted with this development stated that SH 66 will operate 18% over capacity in the year 2020. This includes the widening of SH 66 to four (4) lanes. The engineer has submitted supplemental information stating that this project will contribute 10% of the traffic on this section of SH 66. The developer will be required to escrow funds to pay for improvements to SH 66 to mitigate the traffic impacts. Section 27-2-60. Common Open Space - The applicant shall adhere to Section 26-2-70.D regarding landscape requirements adjacent to Roadway Corridors, specifically the revised alignment of State Highway 66. The applicant has not contacted the Long Range Planner for Weld County to discuss trail alignment and public access to the St. Vrain Valley Trails and Open Lands Project as required in Sketch Plan comments. Section 27-2-70. Compatibility - The proposed site is south of and adjacent to State Highway 66, east of and adjacent to the 1-25 Frontage Road, west of the realigned Weld County Road 9.5. Sekich Business Park is directly north of this property across State Highway 66. Two commercial businesses are directly east of the realigned 1-25 Frontage Road. Agricultural lands are directly south of the development (Rademacher farm) and there are two proposed subdivisions directly south of the Rademacher farm that are under review by the Department of Planning Services. (California Homes, Siegrist Companies, Inc.) r Lyons 66 Pacific,Z-555,page 4 r The site will maintain compliance with Chapter 26 regarding screening and buffering of the property. The proposed PUD zoned commercial and industrial lots shall adhere to the bulk requirements of the Commercial and Industrial Zone District, outlined in Sections 23-3-200 and 23-3-300 of the Weld County Code. In subsequent applications, the applicant shall delineate a Landscape Plan that addresses buffering and screening to mitigate negative effects of the site location and respective right-of-way requirements as determined by CDOT and the Weld County Department of Public Works. Section 27-2-80. Design Standards and Improvement Agreements - Final recording shall not occur until the required Improvements Agreement has been approved and collateral tendered. The Change of Zone Plat shall not be recorded until a Drainage Report, signed by a Colorado license engineer has been provided and approved by the Department of Public Works. Further, final construction drawings for all roads within the proposed PUD and all adjacent roads as applicable shall be submitted to the Department of Public Works for review and approval. Section 27-2-90. Filing- The applicant has not indicated if the development shall take place in one filing. In subsequent applications, the applicant shall state whether the development will occur in one filing or multiple filings. Section 27-2-100. Landscaping Standards - Previously discussed in earlier sections. Section 27-2-120. Mixed Use Development Area - This proposal is located within the MUD area and does propose to adhere to Chapter 26 of the Weld County Code when the attached conditions are met. Section 27-2-130. Monuments - Permanent reference monuments shall be set on the Planned Unit Development according to Chapter 24 of the Weld County Code and Section 30-51-101, et seq., Colorado Revised Statues. Section 27-2-150. Parking Requirements - All parking and loading areas shall meet the requirements of Chapter 23,Article IV, Division I of the Weld County Code. Adequate parking spaces and internal pedestrian circulation shall be designed to meet requirements of the Americans with Disabilities Act and shall be illustrated on the Change of Zone plat. Site specific parking requirements will be addressed through Chapter 23-2-160 and Appendix 23-A and Appendix 23-B for each of the lots within the proposed PUD. Section 27-2-160. Phasing- A Final Plan may develop in phases within a PUD. Phasing the construction of the development may occur within separate filings or for the entire subdivision. An Lyons 66 Pacific,Z-555,page 5 Improvements Agreement is only required for the phase being developed. Within a filing, a development can consist of multiple phases. See also the definition of filing at Section 27-2-90. Section 27-2-170. Public Water Provisions - The application materials state that domestic water will be provided by the Little Thompson Water District and the Weld County Department of Public Health and Environment reviewed this case in accordance with this consideration in place. In a signed agreement between the Little Thompson Water District and John Davis of Lyons 66 Pacific, dated October 5, 2000, it appears the commercial and industrial lots can be adequately served with water. In a referral dated March 26, 2001 from the Office of the State Engineer, Division of Water Resources, the letter of commitment submitted obligates service for thirteen (13) commercial lots. Siia.c fifteen (15)lots are proposed, evidence must be submitted to the Office of the State Engineer, Division of Water Resources that all lots will be serviced by the District, prior to the Doard of County Commissioners hearing. A signed agreement dated May 4, 2001 between Little Thompson Water District and John Davis has been submitted that states the commercial and industrial lots can be adequately served with water. Section 27-2-190. Urban Scale Development - For the purpose of review, this application is considered urban scale and shall adhere to the requirements of urban type developments, i.e., sidewalks, curbs and gutters. Section 27-2-200. Uses - The applicant shall provide a time frame for the completion of the project, including future amenities and landscape treatment of adjacent streets and properties prior to recording the Change of Zone Plat. The Plat shall be amended to reflect this time frame. Section 27-2-210 Water and Sewer Provisions - The application materials state that domestic water will be provided by the Little Thompson Water District. Sewer for this site is proposed by the St.Vrain Sanitation District. The District stated that they have the ability to serve fifteen (15) of the fifteen lot commercial and industrial development in a letter dated May 4, 2001. St. Vrain Sanitation District in a letter dated July 21, 2000 stated they will provide sanitary service to the proposed business park subject to conditions. C. Section 27-6-120.6.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 this Code or master plans of affected municipalities. The Town of Mead, in a letter received December 8, 2000, strenuously objects to this proposal moving forward through the Change of Zone application phase as it is the Town's position the property should be annexed into the Town of Mead as Lyons 66 Pacific,Z-555, page 6 outlined in Article VIII, Chapter 19 of the Weld County Code, (Intergovernmental Agreement Ordinance 215) between Weld County and the Town of Mead. However, as previously stated, the site was not included in the Intergovernmental Agreement at the time of application submittal. The proposed PUD site does meet compliance with the Weld County MUD Structural 2.1 Land Use Map, for a high intensity employment center. Sekich Business Park (Valley 66 Business Park) is directly north of this property across State Highway 66. Interstate 25 deceleration ramp is to the west,with Rademacher farm immediately adjacent to the south. John Deere is immediately adjacent to the east of the realigned WCR 9.5 and approximately 1/4 mile west of the proposed alignment of WCR 9.5. D. Section 27-6-120.6.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 Il of this Code. Little Thompson Water District and St. Vrain Sanitation District have indicated their ability and willingness to service this application. E. Section 27-6-120.6.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. The Weld County Public Works Department has reviewed the proposal and has determined the internal streets meet the requirements of Chapter 24 of the Weld County Code. Roadway plans will be required at final plat. 1-25 Frontage Road is delineated on the MUD Structural Transportation Network Map 2.2 as a 4-Lane Undivided Secondary Road and will provide primary access to the site from the south. State Highway 66 is delineated on the MUD Structural Transportation Network Map 2.2 as a 4-Lane Undivided Secondary Road and will provide primary access to the site from the north. The frontage road right-of-way shall be dedicated to CDOT, and the connection right-of-way shall be dedicated to Weld County. F. Section 27-6-120.6.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. Development Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII, and Sections 24-9-10 and 24-9-20 of this Code. G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. Lyons 66 Pacific,Z-555, page 7 r The subject site is not subject to Article VIII, Chapter 19 of the Weld County Code (Ordinance 215, Intergovernmental Agreement Area) with the Town of Mead as previously stated. Concerns from the Town of Mead have been addressed in the Conditions of Approval and Development Standards. The Colorado Geological Survey, in their referral letter dated May 19, 2000, identified several areas of concern for the site, including the potential for shallow groundwater. The natural topography of the site and the surrounding vicinity may lead to drainage problems on and off-site. Grading shall be undertaken to provide positive drainage around the buildings, and structural design should conform to any limitations imposed by possible shallow groundwater. The Weld County Department of Public Works stated that the submitted drainage plan, although adequate, would require the resolving of some minor issues and the submission of additional documentation as outlined in the memorandum dated November 27, 2000 and April 11, 2001. In the referral response dated November 20, 2000, the Weld County Building Inspection Department is requiring engineered foundations for each structure. H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses, the specific or conceptual development guide. The proposal shall be consistent with the PUD Commercial and Industrial Zone District. Given the major issues regarding the site, specific to access and circulation not being adequately addressed in the Change of Zone application,the Department of Planning Services' shall require the applicant to have the Board of County Commissioners hear the Final Plan for this proposed development. 2. The submitted materials are in compliance with Section 27-6-30 of the Weld County Code, as follows: A. Section 27-6-40 Environmental Impacts: The referral response dated December 18, 2000 from the Weld County Department of Public Health and Environment indicates that the application materials have adequately addressed all of the potential impacts described in Chapter 27 of the County Code. B. Section 27-6-50 Service Provision Impacts: The applicant has not satisfactorily addressed the majority of service provision impacts in the application materials. Additional requirements of the Mountain View Fire Protection District pertaining to water supply, fire hydrant locations, fire department access and street design are addressed through the attached Conditions of Approval. In a letter dated November 28, 2000, the Weld County Sheriffs Office states that Lyons 66 Pacific,Z-555,page 8 "without additional staff in accordance to the ten-year projection provided by the Weld County Board of County Commissioners, the Sheriff's office is not able to provide law enforcement services beyond 2001. The Sheriff's Office cannot absorb additional responsibilities without additional resources." C. Section 27-6-60 Landscaping Elements: Previously discussed in earlier sections. D. Section 27-6-70. Site Design: The proposal does take into consideration the sites advantages and limitations, as well as the compatibility of the development with adjacent sites. Weld County's Right-to-Farm will be attached to all recorded plats, thus informing any new residents that the area surrounding this community is agricultural in nature. Further, the applicant shall work within all applicable Divisions, Chapters and Sections of the Weld County Code. The outstanding site circulation and drainage issues shall be resolved to the satisfaction of the Department of Public Works as indicated in comments received November 27, 2000. E. Section 27-6-80. Common Open Space Usage: Previously discussed in earlier sections. F. Section 27-6-90. Proposed Signs: The applicant shall be required to submit proposed sign(s) location to the Department of Planning Services for approval prior to the Change of Zone plat being recorded. Approved signs shall be placed on the Change of Zone Plat. In addition to the Development sign, the issue of sign location will be reviewed for each commercial and industrial lot during the Site Plan Review application process as defined in Chapter 23, Article II, Division 3 of the Weld County Code. G. Section 27-6-100. MUD Impacts: The proposed change of zone does lie within the Mixed Use Development area, and requires adherence to all criteria outlined in Chapter 26 of the Weld County Code. H. Section 27-6-110. Intergovernmental Agreement Impacts: Previously discussed in earlier sections. This Approval recommendation is based upon compliance with Chapter 27 requirements. Lyons 66 Pacific,Z-555, page 9 The Change of Zone from Highway Commercial(C-4) to PUD with commercial and industrial uses is conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall provide evidence to the Department of Planning Services' that the concerns and issues pertaining to circulation and access have been addressed and implemented to the satisfaction of the Weld County Department of Public Works and the Colorado Department of Transportation. Should any modification, including realignment of the 1-25 Frontage Road, the alignment of State Highway 66, and the alignment of the Weld County Road 9.5 connection substantially impact the proposed development plan, at the discretion of the Department of Planning Services' the applicant may be required to resubmit a Sketch Plan application to address these issues. (Dept. of Planning Services) B. Section 22-5-100.B.1 of the Weld County Code states "new planned unit developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the properties mineral owners 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 owners. The plat shall be amended to include any possible future drilling sites. (Dept. of Planning Services) C. The applicant shall provide evidence to the Department of Planning Services' that the concerns and issues pertaining to the proposed water source for this proposed PUD, Little Thompson Water District, have been met to the satisfaction and approval of the Office of the State Engineer, Division of Water Resources as outlined in their letter dated March 26, 2001, that states, the letter of commitment submitted obligates service for thirteen(13)commercial lots. Liven that fifteen(15) lots are proposed, evidence must be submitted to the Office of the State Engineer, Division of Water Resources that all lots will be serviced by the District. (Dept. of Planning Services) D. The applicant shall provide evidence to the Department of Planning Services' that the concerns and issues pertaining to the proposed sanitary sewer service for this proposed PUD, St. Vrain Sanitation District, have been met to the satisfaction and approval of the sanitation district. (Dept. of Planning Services) E. The applicant shall submit a letter of formal agreement between David P. Lamb, property owner immediately adjacent to the east and John Davis, representative for the Lyons 66 Pacific Commerce Business Park project and CDOT that states all parties are in agreement with the proposed alignment of the proposed 1-25 Frontage Road specifically at the intersection with State Highway 66 and for approximately nine hundred (900) feet south of said intersection. (Dept. of Planning Services) Lyons 66 Pacific,Z-555,page 10 r F. The applicant shall submit a letter of formal agreement between David P. Lamb, property owner immediately adjacent to the east and John Davis, representative for the Lyons 66 Pacific Commerce Business Park project and Weld County that states all parties are in agreement with the proposed right-of-way dedication for the future alignment of the connection between the 1-25 Frontage Road and the connection to Weld County Road 9.5 (Dept. of Planning Services) 2. Prior to recording the Change of Zone plat: A. All proposed street names and Lot addresses shall be submitted to the Mountain View Fire Protection District, the Weld County Sheriffs Office, the Weld County Ambulance Services Department and the Post Office for review. (Dept. of Planning Services) B. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld County Code. (Dept. of Planning Services) C. The applicant shall submit a proposed estimate for time of construction of the PUD. (Dept. of Planning Services) D. The applicant shall submit a drainage report, signed by a Colorado licensed engineer, to the Department of Public Works for approval. The applicant shall supply the Department of Planning Services with written approval from the Department of Public Works. (Dept. of Public Works, Planning Services) E. The applicant shall address the concerns of the Mountain View Fire Protection District. Written evidence of a solution shall be provided to the Department of Planning Services. (Mt. View Fire Protection District) F. The applicant shall address the concerns of the Weld County Sheriffs Department, in a memo dated November 28,2000 and incorporate remedies for these concerns. Written evidence of a solution shall be provided to the Department of Planning Services. (Weld County Sheriffs Office) G. The applicant shall submit a Planning Area Profile in accordance with Section 22-2- 230.F.2.v. The profile should contain public facilities and services data, socioeconomic data, natural environmental resources, and visual and cultural resources. The purpose of this information would be to provide the user the existing conditions, opportunities, and constraints within the 1-25 Mixed Use Development area. (Dept. of Planning Services) H. The applicant shall submit a digital file of all drawings associated with the Final plat 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). (Dept. of Planning Services) T^ Lyons 66 Pacific,Z-555,page 11 3. The plat shall be amended to include the following: A. The realignment or modification of the connections to WCR 9.5, to 1-25 Frontage Road and to State Highway 66 as proposed by CDOT and Weld County Department of Public Works. (Dept. of Planning Services, Dept. of Public Works) B. The applicant shall dedicated all future right-of-way for WCR 9.5 and 1-25 Frontage Road at State Highway 66 to Weld County and CDOT. (Dept. of Planning Services, Dept. of Public Works) C. The applicant shall submit a Landscape Plan and shall identify and illustrate how landscaping shall be incorporated along State Highway 66, 1-25 Frontage Road and the connection to WCR 9.5 as outlined in Sections 27-2-100, 26-2-60 and 26-2- 70.D regarding landscape requirements adjacent to Roadway Corridors. (Dept. of Planning Services) D. Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code. (Dept. of Planning Services) 4. 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: A. The site specific development plan is for a PUD change of zone from Highway Commercial (C-4) to PUD with commercial and industrial uses as indicated in the application materials on file in the Department of Planning Services and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. Noncompliance with any of the foregoing Conditions of Approval may be reason for revocation of the Permit by the Board of County Commissioners. B. Approval of this plan may create a vested property right pursuant to Article VIII, Section 23-8-50 of the Weld County Code. (Dept. of Planning Services) C. The applicant shall obtain water from Little Thompson Water District and sewer service shall be provided by St. Vrain Sanitation District. (Dept. of Public Health and Environment) D. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Dept. of Public Health and Environment) E. If land development creates more than a 25 acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice (A.P.E.N.), and apply for a permit from the Colorado Department of Public Health and Environment. (Dept. of Public Health and Environment) Lyons 66 Pacific,Z-555,page 12 F. During the development of the site, all land disturbance 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. (Dept. of Public Health and Environment) G. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Dept. of Public Health and Environment) H. A Developer's/Lessee/Owners Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Dept. of Planning Services) Proper building permits shall be obtained prior to any construction, remodeling, demolition or excavation. (Dept. of Building Inspection) J. All signs including entrance signs shall require building permits. Signs shall adhere to Section 26-2-90 and Section 23-4-100 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Dept. of Planning Services and Building Inspection) K. All foundations, structures and building systems are required for commercial buildings. Engineered foundations shall be based on a site-specific geotechnical report performed by a Colorado licensed engineer. Any fill material shall contain no rock or similar irreducible material with a maximum dimension greater than twelve (12) inches. All fills shall be compacted to a minimum of ninety (90) percent of maximum density. Engineering reports shall be supplied for all fill material. (Dept. of Building Inspection) L. All structures shall conform to the Section 29-2-20 of the Weld County Code,Article II (1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article 11 (1998 International Mechanical Code), Section 29-2-40 of the Weld County Code, Article II (1999 Electrical Code), 29-2-50 of the Weld County Code, Article II (1997 International Plumbing Code)and Section 29-2-10 of the Weld County Code,Article II, Chapter 29. (Dept. of Building Inspection) M. All buildings or structures shall maintain distances from the property lines and adjacent structures as outlined in Section 29-3-160 of the Weld County Code. (Dept. of Building Inspection) N. At the time a lot is proposed for development, a Site Plan Review application meeting the criteria of Section 23-2-160 shall be submitted to the Department of Planning Services for review and approval prior to any on-site construction commencing. (Dept. of Planning Services) Lyons 66 Pacific,Z-555, page 13 O. At the time an application is accepted for a building permit, a plan review will be done. A complete review of the building or structure by the Weld County Building Inspection Department or the Mountain View Fire Protection District may reveal other building issues or areas needing attention. (Dept. of Building Inspection) P. Effective December 1, 1999, Building Permits issued on the proposed lots will be required to adhere to the fee structure criteria of Appendix 20-E, Article II, Section 20-2-10 of the Weld County Code, (Ordinance 211) and shall require the payment of road impact fees at the time a building permit is applied for as addressed through Section 20-2-200. (Dept. of Planning Services) Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Dept. of Planning Services) R. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II, of the Weld County Code. (Dept. of Planning Services) S. The property owner shall be responsible for complying with Chapter 27, Article VIII, of the Weld County Code. (Dept. of Planning Services) T. The property owner shall be responsible for complying with the criteria of Chapter 26 of the Weld County Code. (Dept. of Planning Services) r U. Personnel from the Weld County Departments of Public Health and Environment and Planning Services'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. (Dept. of Planning Services) V. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan as been approved and recorded. (Dept. of Planning Services) W. The Final Plan shall be reviewed by the Weld County Board of County Commissioner's. (Dept. of Planning Services) X. 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 two (2) 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 submittal of the PUD Final Plan. The Board may extend the date for the submittal 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 Lyons 66 Pacific,Z-555, page 14 r^� 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. (Dept. of Planning Services) Y. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty (30) days of approval by the Board of County Commissioners. 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). (Dept. of Planning Services) 5. At the time of Final Plan submittal: A. The final alignment of 1-25 Frontage Road to State Highway 66 and the 1-25 Frontage Road connection to Weld County Road 9.5 connection be completed and all land dedications completed. (Dept. of Public Works) B. The applicant shall submit Final Roadway Plans for review for all roads within the proposed PUD. (Dept. of Public Works) C. The applicant shall submit for review and approval an on-site (Private) and off-site (Public) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. (Departments of Public Works, Planning Services) D. The Restrictive Covenants for the Lyons 66 Business Park shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Dept. of Planning Services) E. Service Provision Impacts for ambulance shall be addressed as required by Section 27-6-50.6.4 of the Weld County Code. (Dept. of Planning Services) F. The final alignment of the connection of the recreational trail to planned regional trails in the area shall be completed and all land dedications completed. (Dept. of Planning Services) G. The developer will need to complete a boundary survey to verify the new frontage road will align with Mead Road. (Dept. of Public Works, Planning Services) H. The applicant shall submit a time frame for construction in accordance to Section 27-2-200 of the Weld County Code. (Dept. of Planning Services) I. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the Weld County Code. (Dept. of Planning Services) Lyons 66 Pacific,Z-555,page 15 6. Prior to the release of any building permits: A. The applicant shall supply designated street signs and stop signs, as required by Weld County Public Works, at the appropriate locations. (Weld County Public Works) C. Complete drawings shall be submitted for review by the Mountain View Fire Protection District. (Dept. of Building Inspection) Lyons 66 Pacific,Z-555,page 16 rs ' DEPARTMENT OF PLANNING SERVICES C 1555, N. 17TH AVENUE O COLORADOGREELEY, 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) X(97 EXT.3540 FAX(970)304-6498 March 22, 2001 Mr. John Davis Lyons 66 Pacific, LLC 1210 Commerce Court, Unit# 36 Lafayette, CO 80026 Subject: Change of Zone, Z 555 Lyons 66 Pacific Commerce Park Rescheduling of Hearing Dear Mr. Davis: The Department of Planning Services is in receipt of your facsimile letter dated March 19, 2001 concerning the scheduling of the Planning Commission hearing. As I outlined in my letter dated March 12, 2001, to JJ Kinsfather of Swift and Associates, staff will set the Planning Commission hearing date when all materials have been submitted to the Departments of Planning Services and Public Works for review. This review will commence and proceed in a timely manner, not to exceed two weeks, however, all requested materials shall be in the office of the Department of Public Works before County staff is able to proceed. Presently it is the Department of Planning Services' understanding that two requested items are not available to the Department of Public Works for their review. Per JJ Kinsfather, of Swift and Associates, the agreement between the property owner associated with the John Deere franchise and Boulder Pacific has not presently been approved by all parties and second, a revised traffic study is not available. The Departments of Planning Services and Public Works can not respond to the proposed plan as we lack access to these items and will need time to review the documents before Staff can advertise and post notice of a pending hearing. If Boulder Pacific insists on going forward without the transportation issue resolved, the recommendation will be for denial. Boulder Pacific cannot expect staff to review new information prior to a hearing after Boulder Pacific has stated that this is all the information County Staff will have at their disposal. ;WW Given this situation, staff is not able to set a hearing date. Please notify this office in writing of Boulder Pacific's intentions on how to proceed with this Change of Zone application. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planner II pc: M Mika, Director of Planning Services J Chester,Planner Ill D Houghtaling,Traffic Engineer, Public Works File:Z 555 rs 'pee DEPARTMENT OF PLANNING SERVICES WI 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) 353-X(97 EXT.3540 FAX(970)304-6498 March 12, 2001 JJ Kinsfather Swift & Associates, LLC 421 21st Avenue, Suite 212 Longmont, CO 80501 Subject: Change of Zone, Z 555 Lyons 66 Pacific Commerce Park Colorado Department of Transportation Referral Dear Mr. Kinsfather: The Departments of Planning Services and Public Works thanks you for providing a schematic design for the alignment and geometric design of the circulation routes into and within the above referenced project. In my conversation with Mr. Davis, on Tuesday March 6, 2001, I indicated to him that the Departments of Planning Services and Public Works would review the CDOT referral and proposed alignment in a timely manner. To suggest a fast track schedule to accommodate a perceived timetable beyond the control of the County is unacceptable to both of our offices. Further, the Department of Public Works has several concerns regarding the proposed alignment specific to connection to Weld County Road 9.5 and the alignment of proposed Frontage Road and connection to State Highway 66. Given the above concerns, the Department of Planning Services suggests to both Swift and Associates and Boulder Pacific that a review period for the Department of Public Works not to exceed two weeks be provided prior to scheduling a meeting to discuss the proposed alignment and any outstanding issues pertaining to the alignment and geometric design of the circulation routes for Lyons 66 Pacific Commerce Park. MONT .i_ If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim 0 e Planner II , pc: M Mika, Director of Planning Services J Chester, Planner III D Houghtaling,Traffic Engineer, Public Works File:Z 555 a ee- I DEPARTMENT OF PLANNING SERVICES C PHONE (970)353-6100, EXT.3540 O FAX(970)304-6498 E-mail address: kogle@CO.Weld.CO.US • WEBSITE: www.co.weld.co.us COLORADO WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 February 27, 2001 Mr. John Davis Lyons 66 Pacific, LLC 1210 Commerce Court, Unit# 36 Lafayette, CO 80026 Subject: Indefinite Continuance of Z-555, Change of Zone from Highway Commercial (C-4), to PUD for 15 Commercial /Industrial Lots in the Mixed Use Development area Dear Mr. Davis: Presently the above referenced application is in an indefinite continuance as outlined in the letter dated February 7, 2001 from the Department of Planning Services. It is my understanding that the Colorado Department of Transportation (CDOT) is continuing to review road alignments and design related issues for the frontage road and State Highway 66. Given this condition, Staff is waiting for CDOT to provide direction relative to both road alignments under review. With this information in hand, Diane Houghtaling, Traffic Engineer for Weld County Department of Public Works will assess the requirements identified in the CDOT referral and address issues pertinent to Weld County. Please note, issues may be identified in the Public Works review that are of little consequence to CDOT. I would suggest you contact Diane and schedule a time to meet with her to discuss issues that may be identified in her review of the transportation, circulation and related issues of this proposed PUD development. One area of immediate concern is the alignment and location of the frontage road relative to the John Deere property to the east of the Lyons 66 Pacific property. On a related item, has Boulder Pacific been able to reach an agreement with HS Resources concerning this development specific to the Oil and Gas Leasehold interests in the area covered by this application? Mr. Jeff Fiske of HS Resources has requested that provisions be made for future oil and gas development at this location. As discussed in the letter of February 7, 2001, prior to scheduling the Board of County Commissioners hearing staff will require you to present EXFNI NT la_ documentation, including an agreement with HS Resources stating that their ability to drill for the resource. Please note,the Department of Planning Services will reschedule the Change of Zone hearing with a recommendation of approval once all outstanding transportation issues have been resolved to the satisfaction of CDOT and the Department of Public Works. Should you elect to proceed without a recommendation from both of these entities, staff will recommend denial of your application. As this case is on an indefinite continuance, by County Code, the case is required to be re- advertised and posted on-site. Staff will require a minimum of thirty days notice prior to scheduling the Planning Commission hearing. The Department of Planning Services welcomes the opportunity to discuss the outstanding oil and gas and transportation related issues with you. Should you require further information, please feel free to contact the me at the above address, telephone number or email address. Sincerely, Lt? Kim Planner II pc: D Houghtaling, Public Works File S-555 s-� K ' DEPARTMENT OF PLANNING SERVICES itt ‘t- PHONE (970) 353-6100, EXT.3540 CFAX(970)304-6498 E-mail address:kogleCO.WeId.CO.US WEBSITE: www.co.weld.co.us COLORADO WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 February 7, 2001 Mr. John Davis Lyons 66 Pacific, LLC 1210 Commerce Court, Unit# 36 Lafayette, CO 80026 Subject: Z-555, Change of Zone from Highway Commercial, C-4, to PUD for 15 Commercial /Industrial Lots in the Mixed Use Development area Dear Mr. Davis: The Department of Planning Services requested at your direction a continuance until February 20, 2001. As outstanding transportation issues remain, and as on two previous occasions (January 2, 2001 and February 6, 2001) an indefinite continuance of the above referenced permit was issued such that all issues related to access and circulation can be fully addressed by the Colorado Department of Transportation and the Weld County Department of Public Works. It is my understanding that the Colorado Department of Transportation will issue a referral on or about February 9, 2001. With this information in hand, Diane Houghtaling, Traffic Engineer for Weld County Department of Public Works will assess the requirements identified in the CDOT referral and address issues pertinent to Weld County. Please note, issues may be identified in the Public Works review that are of little consequence to CDOT. I would suggest you contact Diane and schedule a time to meet with her to discuss issues that may be identified in her review of the transportation, circulation and related issues of this proposed PUD development. Further, should you elect to proceed with your application and request the Change of Zone hearing to be rescheduled without meeting with Public Works to address their concerns and issues, the Department of Planning Services will be recommending denial of this application as several major components of the Planned Unit Development have not been addressed or resolved to the satisfaction of the Departments of Planning Services and Public Works. On a related item, staff has received a letter from HS Resources concerning this development specific to the Oil and Gas Leasehold interests in the area covered by this application. Mr. Jeff Fiske of HS Resources has requested that provisions be made for future oil and gas development at this location. Further, prior to scheduling the Board of County Commissioners hearing staff will require you to present documentation, including an agreement with HS Resources stating that their ability to drill for the resource. Presently, staff has two items that shall be addressed and resolved to the satisfaction of the Weld County Department of Planning Services prior to scheduling a hearing with the Board of County Commissioners. These items are enumerated as follows: 1. The applicant shall provide evidence to the Department of Planning Services' that the concerns and issues pertaining to circulation and access have been addressed and implemented to the satisfaction of the Weld County Department of Public Works and the Colorado Department of Transportation. Should any modification, including realignment of the 1-25 Frontage Road, the alignment of State Highway 66, and the connection to Weld County Road 9.5 substantially impact the proposed development plan, at the discretion of the Department of Planning Services' the applicant may be required to resubmit a Sketch Plan application to address these issues. (Dept. of Planning Services) 2. Section 22-5-100.B.1 of the Weld County Code states "new planned unit developments or subdivisions should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an re" agreement with the properties mineral owners 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 owners. Evidence shall be submitted to the Weld County Attorney's Office for review and approval. The plat shall be amended to include any possible future drilling sites. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Dept. of Planning Services) The Department of Planning Services welcomes the opportunity to discuss the outstanding oil and gas and transportation related issues with you. Should you require further information, please feel free to contact the me at the above address, telephone number or email address. Sincerely, Kim Ogl Planner II pc:D Houghtaling, Public Works File S-555 (nckk-WI-- Ca 40 MEMORANDUM Wine TO: The Weld County Planning Commissioners COLORADO FROM: Kim Ogle, Planner II DATE: January 30, 2001 SUBJECT: Z-555, Change of Zone from Highway Commercial, C-4, to PUD with commercial and industrial uses On January 2, 2001, the Department of Planning Services requested an indefinite continuance of the above referenced permit until issues related to access and circulation have been addressed by the Colorado Department of Transportation and the Weld County Department of Public Works. Presently, the Denver design team of the Colorado Department of Transportation (CDOT) is studying the proposed alignment of the 1-25 Frontage Road, State Highway 66 and the proposed connection to WCR 9.5 south of this project. Impacts to the proposed alignment associated with this project remain unclear, although a preliminary alignment plan has been reviewed by CDOT. On January 9, 2001,the applicant, John Davis requested that staff proceed with his application and schedule a Planning Commission hearing date. A hearing date has been scheduled for today, February 6, 2001. On January 26, 2001 the Department of Planning Services received via facsimile a copy of a road alignment, (sent late in day on January 25, 2001) that has been tentatively agreed to in principle by CDOT. To date, January 30, 2001 staff has not received correspondence from CDOT stating that this alignment meets their design criteria or that all outstanding issues have been resolved to their satisfaction. Given these outstanding transportation related issues, and the impacts of any redesign to the transportation network which will directly or indirectly affect the proposed lot configuration within this proposed PUD development, the Department of Planning Services cannot proceed with this case until these issues have been resolved to the satisfaction of the Departments of Planning Services' and Public Works. The Department of Planning Services requests that the Planning Commission uphold the indefinite continuance for this case until such time that the Departments of Public Works and Planning Services have an opportunity to review the recommendations of CDOT specific to the vehicular road alignments, and related issues. The applicant, John Davis, has submitted a facsimile request asking for continuance of the above referenced case until February 20, 2001. date 01-30-00 SERVICE,TEAMWORK,INTEGRITY,QUALITYEXHIBIT giy i BOULDER PACIFIC INC. 1210 Commerce Court#3 Lafayette,Co.80026 Phone 303-9267858 Fax 303-9267859 `tJfild Cu.. .r u nnning Dept. ft re: '. 'L ED Kim Ogle 1/30/01 Dept. of Planning 1555 N. 17th Ave. Greeley, CO. 80631 Re: Lyons Pacific Commerce Park Dear Mr. Ogle, Per our phone conversation 1/29/01 our companies are requesting a continuance to our change of zone hearing scheduled for 2/6/01. C-Dot has issued us some new Frontage Rd. alignment requests and we must incorporate these into our preliminary plat design. Please reschedule our hearing for 2/20/01 as these new designs should be completed by then. Thanks for your patience. Since 1 � J �/' John Davis Pres. BP. Inc. EXHIBIT AvT, rn, MEMORANDUM Wi`Pe. TO: The Weld County Planning Commissioners COLORADO FROM: Kim Ogle, Planner II%b • DATE: January 2, 2001 SUBJECT: Z-555, Change of Zone from Highway Commercial, C-4, to PUD with commercial and industrial uses The Department of Planning Services requests an indefinite continuance of the above referenced permit until issues related to access and circulation may be addressed by the Colorado Department of Transportation and the Weld County Department of Public Works. Presently, the Denver design team of the Colorado Department of Transportation (CDOT) is studying the proposed alignment of the 1-25 Frontage Road and WCR 9.5 south of this project. Impacts to the proposed alignment associated with this project remain unclear, although a preliminary alignment plan has been reviewed by CDOT. Impacts associated with the widening of State Highway 66 are also under review by the same design team. Staff has received informal confirmation, via this application, that the new alignment will be south of the present alignment and that the number of travel lanes required is between four and six with acceleration, deceleration and turning lanes also required. Given these outstanding transportation related issues, and the impacts of any redesign to the transportation network which will directly or indirectly affect the proposed lot configuration within this proposed PUD development,the Department of Planning Services does not feel it can proceed with this case until these issues have been resolved to the satisfaction of the Departments of Planning Services' and Public Works. The applicant, John Davis, and the applicant's representative, JJ Kinsfather of Swift&Associates, have been notified of this situation. Both parties are present and would like to address the Board on this topic. SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT Le-... ,6.111* 1114 WI IDDEPARTMENTC OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX(970)304-6498 E-mail address: kogleCO.WeId.CO.US WEBSITE: www.co.weld.co.us COLORADO WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 December 20, 2000 Mr. John Davis Lyons 66 Pacific, LLC 1210 Commerce Court, Unit# 36 Lafayette, CO 80026 Subject: Z-555, Change of Zone from Highway Commercial, C-4, to PUD for 15 Commercial /Industrial Lots in the Mixed Use Development area Dear Mr. Davis: The Department of Planning Services will be requesting an indefinite continuance of the above referenced permit until issues related to access and circulation are addressed by the Colorado Department of Transportation and the Weld County Department of Public Works. As you are aware, the Denver design team of the Colorado Department of Transportation (CDOT) is studying the proposed alignment of the 1-25 Frontage Road and WCR 9.5 south of this project. Impacts to your proposed development and the alignment associated with this project remains unclear, although a preliminary alignment plan has been reviewed but not formally approved by CDOT. Further, impacts associated with the widening of State Highway 66 are also under review by the same design team. Staff has received informal confirmation,via telephone conversations with you, that the new alignment will be south of the present alignment and that the number of travel lanes required is more than two. The submitted materials by your representative do not indicate a right- of-way dedication or reservation to accommodate the realignment of State Highway 66. As such, staff is unable to proceed with your application until such time as this issue is resolved. Given these outstanding transportation related issues, and the impacts of any redesign to the transportation network which will directly or indirectly affect the proposed lot configuration within this proposed PUD development,the Department of Planning Services does not feel it can proceed with this case until these issues have been resolved to the satisfaction of the Depa mantc of EXHIBIT Planning Services and Public Works. Please note, should the overall design of the proposed PUD development change substantially, the Department of Planning Services will require the applicant to re-submit a Sketch Plan application to address all transportation, circulation, open space and other related issues. Should you elect to proceed with your application and request the Change of Zone hearing proceed on January 2, 2001, the Department of Planning Services will be recommending denial of this application as several major components of the Planned Unit Development have not been addressed or resolved to the satisfaction of the Departments of Planning Services and Public Works. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim Ogl . Planner II enclosure !-� cc: JJ Kinsfalther. Swift&Associates 421 21"Avenue Longmont, CO 80501 pc: M.Mika, Director of Planning Services J. Chester, Lead Planner File S-555 DEPARTMENT OF PLANNING SERVICES WIWD�• PHONE (970) 353-6100, E4.6498 FAX (9(970) 304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 November 14, 2000 Swift and Associates Attn: Christopher Huffer 421 21'Ave Ste 212 Longmont, CO 80501 Subject: Z-555- Request for a Change of Zone for a 15-Lot Planned Unit Development on a parcel of land described as Part of the NW4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Mr. Huffer: 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 January 2, 2001, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. 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 Mead Planning Commission for their review and comments. Please call the Town of 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 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. (Respectfully, kGEXHWIT Kim Ogl I --+— Planner PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: ;4pr r / age ,* c' t/ . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY 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 PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR W6 Z - 5 SS THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN SIGNATURE FOR PERSON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 1 fin DAY OF At , 49'1Y3 L 1/02,a4' � NOTARY PUBLIC MY COMMISSION EXPIRES: Li'O(,c J)c THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. EXHIBIT In . 4 .. Ye - . »x _ y _ CASE NO. Z 555 : 55.01 ACRES .. pAll NAME S (olo PAGIF►G lk t* ')L ` « REQUEST 10 Ala WOW cttfl .r+o A PUBLIC HEARING CONCERNING THIS ` PROPERTY WILL BE HELD AT 1555 NORTH , �� 171hAVE., GREELEY, COLORADO 80631, + i ON FES to 20si_!_AT 4'170{am. ,, FOR MORE INFORMATION CALL THE x tilt = _: WELD COUNTY DEPT. OF PLANNING tit SERVICES-AT (970) 3534100 EXT. 3540• 35:Qt ACRES tak »-spa Q ion_,�,i__4 lac wit-ma CONCERNING THIS WILL BE HELD AT 1556 NORTH GREELEY, COLORADO 80631, OIL 2041 AT 1 }0r_ gone INFORMATION CALL THE courY DEPT.OF PLANNING MaserDrys win)3536100 EAT,gyp, S.� . 1Fos cA /2/22/0O /'- FIELD CHECK CASE NUMBER: Z-555 DATE OF INSPECTION: //24 6,1/45 C APPLICANT'S NAME: Lyons 66 Pacific PLANNER: Kim Ogle REQUEST: Change of Zone for a 15-Lot Planned Unit Development. LEGAL DESCRIPTION: Part of the NW4 of Section 26,Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to SH 66; west of and adjacent to 1-25 Frontage Road. LAND USE: N ol2nlc/d 7' �,ca o S reassece con se.- .O7" area ZONING: N A (Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COM NTS: r/ Die ealed of &,o-z ana .J aS CZ oT, P.C. Member OMIT FIELD CHECK inspection date: December 18, 2000 CASE NUMBER: Z 555 APPLICANT: John Davis / Boulder 66 Pacific LEGAL DESCRIPTION: Part of the NW4 Section 26, Township 3 North, Range 68 West of the 6th PM, Weld County, CO LOCATION: South of and adjacent to SH 66; east of and adjacent to 1-25 Frontage Road Zonina Land Use N A (Agricultural) N SH 66, Sekich Business Park E A (Agricultural) E John Deere Dealership S A (Agricultural) S Rademacher Farmstead and fields W A (Agricultural) W 1-25 COMMENTS: • Property sits low compared to surrounding grades land is presently vacant, with established native grasses and a few woody shrubs Areas of property appear to have "wet feet" as indicated by reeds and rushes concrete irrigation laterals bisect land, second lateral adjacent to west property line access on grade is near Rademacher Farm Change in elevation between SH 66 and property is approximately 35-40 feet 1-25 Frontage Road slopes at a fair grade down to level near farm Proposed road alignment would bisect property and require extensive regrading There are two signs on the property, both without building permits. Sign one: Advertising future site of Community Bank Sign two: Advertising commercial and industrial development parcels T Y� Kim O e, anner Hello