HomeMy WebLinkAbout20031508.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for approval with amended attached
Conditions of Approval and Development Standards by the Weld County Planning Commission. Be it
resolved by the Weld County Planning Commission that the application for:
PLANNER: Kim Ogle
CASE NUMBER: Z-555
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.
The Planning Commission 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.B.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 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.
EXHIBIT
2003-1508
CDC, #555
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 2
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 I-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 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.
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 3
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 contrib&te 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
I-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.)
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.
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 4
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 Chapter23,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
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. 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.
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 5
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 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 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 II 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.
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 6
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.
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 November27,2000 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:
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 7
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 Sheriff's Office states that"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.
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 8
•
This Approval recommendation is based upon compliance with Chapter 27 requirements.
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 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)
D. 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)
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 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 Sheriff's 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)
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 9
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 Sheriff's 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 Sheriff's 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)
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
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 10
•
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 fora permit from the Colorado
Department of Public Health and Environment. (Dept. of Public Health and Environment)
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)
I. 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 II (1998
International Mechanical Code),Section 29-2-40 of the Weld County Code,Article II(1999
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 11
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)
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)
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
RESOLUTION, Z-555
John Davis, Lyons 66 Pacific, LLC
Page 12
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 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)
The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the
Weld County Code. (Dept. of Planning Services)
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)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Fred Walker Cristie Nickles
Arlan Marrs - John Folsom
Michael Miller Bryant Gimlin
Cathy Clamp
Jack Epple
Stephen Mokray
The Vice Chair declared the resolution passed and ordered that a certified copy be forwarded with the file
of this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Vicki Hamilton, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 15, 2001.
Dated the 15th of May , 2001,.
Vicki Hamilton
Secretary
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