HomeMy WebLinkAbout991018.tiff RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLANNED UNIT
DEVELOPMENT PLAN, S#481, FOR A 19-LOT INDUSTRIAL AND COMMERCIAL
BUSINESS PARK - DEL CAMINO JUNCTION DEVELOPMENT, INC.,% TUTTLE
APPLEGATE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 5th day of May, 1999, at 10:00 a.m. for the
purpose of hearing the application of Del Camino Junction Development, Inc., % Tuttle
Applegate, Inc., 11990 Grant Street, Suite 304, Denver, Colorado 80233, requesting a Site
Specific Development Plan and Final Plan, S#481, fora 19-lot Industrial and Commercial
Business Park, for a parcel of land located on the following described real estate, to-wit:
Lot A of Amended Recorded Exemption #730, and Lot 1 of the
Fort Junction Planned Unit Development, First Filing; located in a
portion of the SW%of Section 2, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said hearing was continued to May 6, 1999, at 8:30 a.m., at which time the
applicant was represented by Gary Tuttle, Tuttle Applegate, Inc., and
WHEREAS, Section 28.14 of the Weld County Zoning Ordinance provides standards for
review of such a Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and Department of Planning Services staff and, having
been fully informed, finds that this request shall be approved for the following reasons:
1. The applicant has met the intent of all the application requirements listed in
Section 28.9 et seq., of the Weld County Zoning Ordinance, and the Planned
Unit Development Plan Plat and supporting documents satisfy the legitimate
concerns of the Board.
2. The request meets the intent of Section 28.14 of the Weld County Zoning
Ordinance as follows:
a. That the proposal is consistent with the Weld County Comprehensive
Plan.
b. That the proposed Planned Unit Development Plan conforms to the
Planned Unit Development District in which it is proposed to be located.
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c. That the USES, BUILDINGS, and STRUCTURES 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 the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities.
d. That there has been conformance with the Performance Standards
outlined in Section 35.3. of the Zoning Ordinance.
e. That there has been compliance with the Weld County Zoning Ordinance,
Section 50, Overlay Districtg, f the proposal is located within any Overlay
District identified by maps officially adopted by Weld County.
f. That there has been compliance with the submittal requirements of the
Planned Unit Development Plan, and that the Planned Unit Development
Plan Plat and supporting documents satisfy the legitimate concerns of the
Board.
3. The various setbacks as shown on (MAP, sheet 2 of 4) are not in strict
conformance with Ordinance#201 however, because of special conditions
relating to the subject land, a literal enforcement of the provisions of Ordinance
#201 would result in unnecessary hardship to the applicant, and because the
setbacks, as approved, are in accordance with the intent of Ordinance #201.
4. Condition of Approval#3.t and the evidence in the record regarding the terms of
the oil and gas lease provide reasonable accommodation for the oil and gas
development on the site.
5. Thal the annexation agreement provision of requirement of Section 4.3 of
Ordinance#195 is not intended to be applied under the particular circumstances
of this application to the proposal as new development; namely the history of ten
years of diligent effort to obtain final land use approval including a final plan
approval for a pre-parole facility, upheld on Rule 106(a)(4) appeal, which final
approval could not be used for construction as a result of a voter initiated
amendment to the Home Rule Charter, which pre-dated the enactment of
Ordinance 195.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Del Camino Junction Development, Inc., %
Tuttle Applegate, Inc., for a Site Specific Development Plan and Final Planned Unit
Development Plan, S#481, for a 19-lot Industrial and Commercial Business Park, on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the PUD Final Plan plat:
a. The Board of County Commissioners shall review and approve the
Subdivision Improvements Agreement for off-site and on-site
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shall be tendered and accepted by the Board of County Commissioners
for the Subdivision Improvements Agreement.
b. The applicant shall submit evidence to the Department of Planning
Services that the proposed building envelopes will comply with Sheet#2
of 4 of the applicant's drawings dated May 4, 1999, and demonstrate that
the placement of these building envelopes are free from expansive soils,
or the structures are designed to accommodate the associated soil
conditions.
c. The Landscape Plan shall be amended to show/identify the location of
signage (street signs and subdivision signs) and street lighting. The
Landscape Plan shall be submitted to the Department of Planning
Services for review and approval by the Weld County Public Works
Department and the Department of Planning Services. The Landscape
Plan shall meet the requirements of Section 3.0 of Ordinance #201, and
attempt to incorporate the suggestions of Longmont Soil Conservation
District.
d. The applicant shall be responsible for infrastructure improvements as
required by the Colorado Department Of Transportation.
e. The applicant shall submit evidence from the Rural Ditch Irrigation
Company stipulating that an agreement has been reached concerning
ditch easements and rights-of-way issues.
f. The Site Specific Development Plan and Planned Unit Development Final
Plan, S #344, for The Villa at Greeley, Inc., shall be vacated.
2. The PUD Final Plan shall be amended to:
a. Comply with the Conditions of Approval recommended by the Weld County
Utility Advisory Committee in the January 14, 1999, meeting as follows:
1) The placement of the water lines shall be located in the recorded
easements and not under the roadways.
2) The future right-of-way shall be delineated on Weld County
Roads 24 and 24.5, the 1-25 Frontage, and 1-25 mainline.
b. The Right to Farm Covenant shall be placed on the final plat.
c. Building Envelopes cannot be included in areas designated as setbacks
or easements.
d. Show the location of the temporary oil and gas easement.
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e. The plat shall include both roadway cross section drawings for local
employment and regional commercial according to the roadways as
proposed in accordance with the Mixed Use Development Plan, Figure
2.10.
f. Lot 12 shall be delineated as non-buildable.
g. The unit item for Weld County Road 24.5 shall be recalculated to verify
correct tonnage and incorporate any referenced changes on the plat
map.
3. The following notes shall be placed on the PUD Final Plan plat prior to recording:
a. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
b. Central Weld County Water District shall provide domestic water service
to uses within the PUD Zone District.
c. St. Vrain Sanitation District shall provide sewage disposal to all uses
within the PUD Zone District.
d. Installation of all utilities shall comply with Section 10, Design Standards,
of the Weld County Subdivision Ordinance, and Section 4.0 of Ordinance
#201.
e. All uses within the PUD Final Plan shall comply with the requirements of
the Mountain View Fire Protection District.
f. Basement construction is prohibited on this site, should foundations be
set below frost line (2.5 ft. bgl) dewatering equipment must be present on
site for all construction.
g. Alarms from businesses located within this site shall be reported to a
private security company and forwarded to the Weld County Sheriffs
Office only if a crime has been committed.
h. Engineered blueprints shall be required for each building, and one set
located at all times on each construction site.
Street signs and lot identification shall be in place prior to release of
building permits. Signs shall adhere to Section 6.0 of Ordinance#201.
j. Building height, orientation and design shall comply with Section 2.0 of
Ordinance#201.
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k. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets.
All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater
contamination.
m. No permanent disposal of wastes shall be permitted at this site.
n. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
o. Fugitive dust shall be controlled on this site.
P. Interior lot line utility easements shall be required only when needed by
the utility or service company.
q. The uses within the PUD Final Plan, shall maintain compliance, at all
times, with the approved Change of Zone Plat and requirements. In the
event of a conflict, the Final Plat will take precedence over the Change of
Zone Plat.
r. A Site Plan review shall be required for each proposed use, in
accordance with Section 33.4.5 of the Weld County Zoning Ordinance
and in accordance with the Final Plat Notes and Conditions of Approval.
s. Approval of this plan shall maintain compliance with Section 28.15 of the
Weld County Zoning Ordinance.
t. A temporary oil and gas easement is located on Lot 4, Block 1 on the
Final plat.
u. Stormwater for the development will be detained onsite and released at
the 20 cubic feet per second historical rate at the two culverts under Weld
County Road 24.5. The two culverts will be replaced to accommodate
future widening of Weld County Road 24.5.
4. At the time of Site Plan submittal:
a. All development standards, goals, and policies of the Mixed Use
Development Plan shall be adhered with.
b. Street and lot identification signs shall comply with Section 2.8 of the
Mixed Use Development Plan.
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c. The installation of all utilities shall also comply with Mixed Use
Development Policy#4.4.
d. Future Site Plan applications shall adhere to the Maximum Lot Coverage
as stated in Table 2.3 of the MUD Plan -- Percentage of Maximum Lot
Coverage 85%.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, C. O DO
ATTEST: Llyti
I K. Hall, Chair
Weld County Clerk to the • (\ •
S ?yr%gyp►'BY:
rba a J. Kirkmeyer, "ro-Tem /
Deputy Clerk to the Boarr4` �r � i� .r 2‘ce
Georg E xter
APP AS TO FORM: 4,6.)
M. . Geile
unty Atto Pe /
Glenn Vaa'
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