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HomeMy WebLinkAbout20194333.tiff ig61 , LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT FINAL PLAN NTY Planner: Maxwell Nader Hearing Date:October 9,2019 Case Number: PUDF19-0004 Owners: Russell Coburn LLC c/o Russ Coburn & Leeann Coburn Representative: Grey Wolf Architecture do Kenneth Harshman &Jana Hutkova Request: Amended PUD Final Plan of Vista Commercial Center 2nd Filing (S-416) to vacate the internal lot lines and combine Lots 3, 4, 7 and 8 of Block 7 into one (1) Lot. Legal: Lots 3, 4, 7 and 8 of 2nd Corrected Vista Commercial Center Filing II; being a part of the N2NW4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, CO Location: South of and adjacent to Vista View Drive; approximately 260 feet east of Sandstone Drive Total Acres: 4.6 acres +/- Parcel #s: Acres: Owner: Lot#: 131308209003 1.16 Russell Coburn LLC 3 131308209004 1.16 Russell Coburn LLC 4 131308209007 1.16 Russell Coburn LLC 7 131308209008 1.16 Russell Coburn LLC 8 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received referral responses with comments from the following agencies: Mountain View Fire Rescue, referral dated July 3, 2019 Weld County Department of Public Works, referral dated August 15, 2019 Weld County Department of Public Health and Environment, referral dated February 11, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Y Town of Mead, referral dated June 28, 2019 Y City of Longmont, referral dated July 1, 2019 Y Town of Frederick, referral dated July 8, 2019 Y Saint Vrain Sanitation District, referral dated July 3, 2019 Y Weld County Sheriff's Office, referral dated July 19, 2019 Y Weld County Zoning Compliance, referral dated July 1, 2019 Y Saint Vrain Valley School District RE-1J, referral dated July 3, 2019 PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 1 of 12 The Department of Planning Services' staff has not received responses from the following agencies: Town of Firestone Y Left Hand Water District Y Colorado Parks and Wildlife Y Longmont Conservation District Y Weld County Department of Building Inspection Y Weld County Department of Public Works- Municipal Separate Storm Sewer System (MS4) PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 2 of 12 PUD FINAL PLAN ADMINISTRATIVE RECOMMENDATION I�Y �UNTY Planner: Maxwell Nader Hearing Date:October 9,2019 Case Number: PUDF19-0004 Owners: Russell Coburn LLC c/o Russ Coburn & Leeann Coburn Representative: Grey Wolf Architecture c/o Kenneth Hershman &Jana Hutkova Request: Amended PUD Final Plan of Vista Commercial Center 2nd Filing (S-416) to vacate the internal lot lines and combine Lots 3, 4, 7 and 8 of Block 7 into one (1) Lot. Legal: Lots 3, 4, 7 and 8 of 2nd Corrected Vista Commercial Center Filing II; being a part of the N2NW4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, CO Location: South of and adjacent to Vista View Drive; approximately 260 feet east of Sandstone Drive Total Acres: 4.6 acres +/- Parcel #s: Acres: Owner: Lot#: 131308209003 1.16 Russell Coburn LLC 3 131308209004 1.16 Russell Coburn LLC 4 131308209007 1.16 Russell Coburn LLC 7 131308209008 1.16 Russell Coburn LLC 8 Case Summary: The subject Amended PUD Final Plan of 2nd Corrected Vista Commercial Center Filing II recorded November 1, 2000, Reception No. 2803997, seeks to vacate the internal lot lines and combine Lots 3, 4, 7, and 8 of Block 7 into one(1) lot of approximately 4.6 acres in area and is considered a major amendment to 2nd Corrected Vista Commercial Center Filing II per Chapter 27, Section 27-8-30.A. of the Weld County Code. The Amended PUD Final Plan contains sufficient information to review the site details where ordinarily a separate Site Plan Review is required. The Site Plan Review Application is waived per Section 23-2-150.G. of the Weld County Code and the Site Plan Review requirements are reviewed as a part of this Amended PUD Final Plan. The proposed use of the redesigned lot is for EMI Sportswear; a resort apparel business. The majority of what is produced and sold is t-shirts. The property will be used for the administration, sales, art, inventory storage, and production of the t-shirts, garments and caps. These items are sold by EMI to retail locations throughout the United States. The company has been in business since 1985 and operating within Weld County since 2015. A 49,600 SF building is proposed with an 8,000 SF future expansion. The building will include a 9,526 SF office space, a 19,052 SF production space, and a 21,022 SF warehouse space. Once operating, it is anticipated that there will be between seventy (70) and eighty (80) employees on site during the hours of 8:00 a.m. and 5:00 p.m.on the first shift.There will be between twenty(20)and twenty-four(24)employees on second shift. One (1) access point off of Vista View Drive and one access point off of Skyway Drive will PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 3 of 12 provide access to the site. The site will be open to the public. There will be ADA sidewalk circulation within the property. Sufficient employee and public parking will be provided. Bicycle parking & ADA parking will be provided close to the main entry.The loading area will be located on the north. Screening will be provided by 25'foot wide landscape buffer.The property will be developed in accordance with the Vista Commercial Center design guidelines dated August 7, 1997 Reception No. 2562471, as amended. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted PUD Final Plan materials are in compliance with the application requirements and review procedure per Section 27-7-30 and Section 27-7-40 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1 -- The proposal is consistent with Chapters 19 [Coordinated Planning Agreements], Chapter 22 [Comprehensive Plan], Chapter 23 [Zoning], Chapter 24 [Subdivisions]and Chapter 26[Regional Urbanization Areas]of the Weld County Code. Section 22-2-100.A -- C.Goal 1. of the Weld County Code states: "Promote the location of commercial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipal comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes or where adequate services are currently available or reasonably obtainable." The subject PUD Final Plan amendment will be modifying four (4) existing lots located within the 2nd Corrected Vista Commercial Center PUD in the 1-25 RUA. This request will not affect the compatibility of the PUD with existing surrounding land uses. The PUD is appropriate in this area as it is located adjacent to State Highway 119. According to the City of Longmont's Official Zoning District Map the PUD is located near land designated as "Non-Residential Primary Employment" and "Mixed-Use Regional Center". Section 26-2-20.A.2.e. of the Weld County Code states: "Any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, as long as the use is conducted entirely within enclosed buildings." A Site Plan Review Permit is being processed within the Planned Unit Development process. Chapter 23, Section 23-2-150.G of the Weld County Code allows for this to occur, as the Planning Director determined sufficient detailed information was submitted and reviewed in the PUD Final Plan Application. The site is located within the 1-25 RUA and per the 1-25 RUA Structural Land Use Categories the proposed use of the land is identified as "Employment Center — High Intensity". This designation allows for any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, as long as the use is conducted entirely within enclosed buildings. The proposed use of the site is a warehouse and office space, per the application, and is consistent with the 1-25 Structural Land Use Map conceptual designations per Chapter 26, Section 26-2-20. B. Section 27-7-40.C.2 -- The uses which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. The proposed amended PUD conforms with the Performance Standards as outlined in Chapter 27, Article II, Section 27-2-20 through Section 27-2-220 of the Weld County Code. The combination of the selected lots within Vista Commercial Center will not change the uses allowed under the original PUD. PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 4 of 12 C. Section 27-7-40.C.3-- 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 the Weld County Code or master plans of affected municipalities. The PUD is located within the 3-mile referral area of the City of Longmont, Town of Mead, Town of Frederick, and the Town of Firestone. The Longmont, Mead, and Frederick referral responses dated July 1,2019,June 28,2019,and July 8,2019 respectively stated no concerns. No referral response was received from the Town of Firestone. The subject PUD is located within the Longmont, Firestone, and Mead Intergovernmental Agreement Areas (IGA). The municipalities were notified during the pre-application stage and had no concerns. The subject PUD is also located within the 1-25 Reginal Urbanization Area (RUA), which provides guidance for more intensive urban-type land uses. The Weld County Department of Planning Services sent notice to nineteen (19) surrounding property owners within 500 feet of the four(4)subject parcels. Planning staff did not receive any correspondence back. There were no emails or phone calls received regarding the proposed application. D. Section 27-7-40.C.4 -- The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article ll the Weld County Code. The application has satisfied Chapter 27, Article II, Section 27-2-170 and Section 27-2-176 of the Weld County Code in regard to water and sewer provisions. In the Left Hand Water District letter, dated May 21, 2019 it states water is available to the proposed site. A condition of approval will be to acquire a commercial water tap from Left Hand Water District. The applicant shall comply with LHWD regulations to extend waterline infrastructure, dedicate shares of CBT water, etc., as necessary. The applicant is currently acquiring water for the site. In the Saint Vrain Sanitation District letter, dated May 10, 2019 states that sewer is available to the proposed site. A sewer tap connection will be purchased. E. Section 27-7-40.C.5 -- The 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 four (4) subject lots, which are vacant, are not currently utilizing an access. The proposed lot will utilize one (1) access off of Vista View Drive (north) and one (1) access off of Skyway Drive(south). Both roads are platted roads in the PUD and have already been constructed and paved. Vista Commercial Center has three (3) main access points onto State Highway 119. These access points are approximately two (2) miles west of Interstate 25. State Highway 119 and Interstate 25 provide adequate commercial linkages and support the traffic demands of this operation. F. Section 27-7-40.C.6 --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. A Road Maintenance Agreement is a condition of approval per Weld County Department of Public Works Referral dated August 15, 2019. The internal roadways within Vista View Commercial Center are county maintained. G. Section 27-7-40.C.7-- There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 5 of 12 The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or Airport Overlay District. The property is within the MS4 Area. A referral request was sent and no response was received. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. H. Section 27-7-40.C.8 -- If compatibility exists between the proposed uses and criteria listed in the development guide, and the Final Plan exactly conforms to the development guide. The PUD Final Plan Amendment to vacate internal lot lines between Lots 3, 4, 7, and 8 of Block 7 are compatible and conform with the criteria listed in the specific development guide and does not change the specific development guide that was submitted with the original final plan application. 3. The request is in conformance with Chapter 26 Article II of the Weld County Code, as follows: A. Section 26-2-20. -- Structural land use categories The site consists of one (1) Structural land Use Category per Chapter 26, Section 26-2-20. of the Weld County Code. Each structural category consists of distinct and unique qualities and is established as a matter of policy to guide and implement planned land use development per Section 26-2-10.C of the Weld County Code. The entirety of the site is identified as "Employment Center — High Intensity" This identification allows for any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, as long as the use is conducted entirely within enclosed buildings. The proposed use of the site is a warehouse and office space, per the application, and is consistent with the 1-25 Structural Land Use Map conceptual designations per Chapter 26, Section 26-2-20. B. Section 26-2-40. -- Maximum lot coverage regulations Per Section 26-2-40 of the Weld County Code "All land use applications in the 1-25 RUA shall adhere to the regulations governing the maximum percentage of lot coverage." Per Table 26.1 of the Weld County Code the maximum percentage of lot coverage in the C-3 and I-1 Zone District should be 85%. The application material has shown that the lot coverage shall not exceed 85% through the 28.3% of landscaping and common open space. C. Section 26-2-50. --Landscaping regulations Per Section 26-2-50 of the Weld County Code "Intent. Landscaping is extremely important for ensuring the quality of development in the 1-25 RUAs. Trees, shrubs and other plantings add greatly to the aesthetic appeal while controlling erosion, reducing glare, lowering temperatures, buffering sounds and blocking or diverting wind. As no single landscaping plan can be prescribed for all developments due to differing land features, topology and soils, the County allows flexibility and encourages creativity in landscape designs. Landscaping must be sensitive to the characteristics and maintenance requirements of the planting selected. Species must be chosen that are hardy for the climate and soil conditions in the 1-25 RUAs, that can tolerate traffic, that are resistant to disease and insects, and that can be maintained." The Landscape Plan shows in detail how it meets the requirements of Section 26-2-50 such as where landscaping will be located, as well as the planting and construction details and also shows the species plants listed in Chapter 26, Appendix 26-G of the Weld County Code. D. Section 26-2-60. -- Transportation and circulation requirements. Per Section 26-2-60.A. of the Weld County Code "As transportation demands increase in the 1-25 RUA, the need to preserve the functional integrity and hierarchy of the existing roadways and provide new roadway capacity is increasingly important. The purpose of this Section is to PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 6 of 12 provide for the planning,design and construction of improvements to new and existing roadway facilities consistent with Chapters 22, 23, 24, 26 and 27 of this Code. The intent of these standards is to provide a certain level of performance. Consequently, if it can be shown that an alternate design, material or procedure will provide performance equal to, or better than, the required design,material or procedure,that alternate may be approved by the Director of Public Works." A traffic narrative was submitted with the application material and Department of Public Works has provided referral comments dated August 15, 2019. E. Section 26-2-70. --Sign district regulations Per Section 26-2-70 of the Weld County Code "Within the 1-25 RUAs, signage has become an increasingly important issue, especially along traffic corridors such as 1-25 and State Highway 119. While signs serve as important directional, informational and advertising tools, the clustering of signs may obscure the landscape and confuse and distract drivers. Signage controls are intended to protect and preserve the visual quality of the roadways within the 1-25 RUAs while preventing the obstruction of traffic visibility and confusion from improperly placed and designed signs. These provisions control the magnitude, placement and number of signs in the 1-25 RUAs. These regulations can be found in Chapter 23, Article IV of this Code." A building tenant sign adjacent to the main entry is proposed for the site. Based on the application materials the sign will be less than 8% of the wall area and meet the intent and regulations of Chapter 23 Article IV Division 2, and Appendix 23-C, 23-D, 23-E of the Weld County Code. F. Section 26-2-80. -- Utility, infrastructure and public facility regulations Per Section 26-2-80 of the Weld County Code "By their nature, most utility services are highly regulated. This regulation encompasses ownership, financing, competition, cost recovery, construction, environmental protection and safety. Given this regulatory and legal environment, well-established federal, state, county and industry standards/codes exist which govern most aspects of utility service. The intent of this Section is to provide additional regulations and standards for water supply to meet fire flow demands and solid waste collection service, and to provide standards for public facilities and services throughout the 1-25 RUAs." The development will be served by the Saint Vrain Sanitation District (SVSD). A letter dated May 10, 2019 from SVSD states that the proposed site is within the service area of SVSD and is subject to sewer service. The development will be served by Left Hand Water District (LHWD). A letter dates May 21, 2019 from LHWD indicated that they site is within the service area of LHWD. The applicant is currently working with the LHWD in obtaining a water tap. A condition of approval will be to acquire a commercial water tap from Left Hand Water District. The applicant shall comply with LHWD regulations to extend waterline infrastructure, dedicate shares of CBT water, etc. 4. The request is in conformance with Sections 23-2-150,23-2-160 and 23-3-250 of the Weld County Code, as follows: A. Section 23-2-150 and 23-2-160 of the Weld County Code The Site Plan Review Permit is being processed within the Planned Unit Development process. Chapter 23, Section 23-2-150.G of the Weld County Code allows for this to occur, as the Planning Director determined sufficient detailed information was submitted and reviewed in the PUD Final Plan Application. The application was submitted, processed and reviewed under the previous code; these standards have changed under the new code ordinance(ORD19-02)that went into effect July 251h, 2019. PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 7 of 12 The proposed development has met all the applicable standards set forth in Chapter 23, Section 23-2-150 of the Weld County Code which state the overall intent and applicability of site plan review. The proposed development has also met all the applicable standards set forth in Chapter 23, Section 23-2-160 of the Weld County Code which state the application requirements for a site plan review submittal. B. Section 23-3-250.A --Design Standards The proposed development meets all nine(9)design standards outlined in Section 23-3-250.A of the Weld County Code as detailed in the application materials. These standards outline stormwater management, parking, street access, required setback and offset, landscaping, water supply, sewage supply, and outside storage. These standards have either been met through Chapter 23 Article III Division 3 Standards or Chapter 26 Article II Standards. C. Section 23-3-250.B-- Operation Standards The proposed development meets all seven (7) operation standards outlined in Section 23-3- 250.B of the Weld County Code as detailed in the application materials These standards outline noise, air quality, water quality, radiation and radioactive material, heat, lighting, and property maintenance. These standards have either been met through Chapter 23 Article III Division 3 Standards or Chapter 26 Article II Standards. This recommendation for approval is based upon compliance with Weld County Code Chapter 27 requirements and upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall provide documentation that a commercial water tap from Left Hand Water District has been purchased. (Department of Planning Services) B. The applicant shall provide documentation that a sewer tap from Saint Vrain Sanitation District has been purchased. (Department of Planning Services) C. The applicant shall submit a variance request for the turning radii to the site. (Department of Public Works) D. A Road Maintenance Agreement for damage repairs to specified haul routes, and proportional share of roadway improvements. (Department of Public Works) E. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required.The final drainage report cannot be approved until ZCV17-00201 is mitigated and closed out, including a survey and certification of the Vista Commercial Subdivision drainage ponds. (Department of Public Works) F. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled Amended 2nd Corrected Vista Commercial Center Filing II PUDF19-0004. (Department of Planning Services) 2. The PUD Final Plan map shall be prepared in accordance with Section 27-9-20 and 23-2-160.W of the Weld County Code. (Department of Planning Services) PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 8 of 12 3. The PUD Final Plan shall delineate the approved Landscape Plan. (Department of Planning Services) 4. The PUD Final Plan plat shall utilize PUD Plat Certificates Numbers 1, 3 and 4 as located in Appendix 26-P of the Weld County Code. (Department of Planning Services) 5. Skyway Drive is a paved local road with 80 feet of right-of-way, shown on the Vista Commercial Filling II plat,reception number 2803997.The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right- of-way line. Be aware that physical roadways may not be centered in the right-of- way. This road is maintained by Weld County. (Department of Public Works) 6. Vista View Drive is a paved local road with 80 feet of right-of-way, shown on the Vista Commercial Filling II plat, reception number 2803997. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. (Department of Public Works) 7. Show and label the approved access locations, and the appropriate turning radii on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 8. The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Water Quality Feature, No- Build or Storage Area" and shall include the calculated volume. If a variance is approved to use parking for part of the water quality storage, signage is required. (Department of Public Works) 9. The applicant shall show the drainage flow arrows. (Department of Public Works) 10. The applicant shall show on-site parking areas. (Department of Public Works) 11. The applicant shall show signage prohibiting truck traffic from Skyway Drive or show the access radii increased to 60 feet. (Department of Public Works) F. The Amended PUD is conditional upon the following and that each shall be placed on the Amended PUD plat as notes prior to recording: 1. The purpose of this Amended PUD Final Plan, PUDF19-0004, of 2nd Corrected Vista Commercial Center Filing II, S-416, vacates the internal lot lines and combines Lots 3, 4, 7, and 8 of Block 7 into one (1) new lot. (Department of Planning Services) 2. This Amended Planned Unit Development final plat shall consist one (1) lot with C-3 (Business Commercial)And I-1 (Industrial) Zone District Uses as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services). PUDF19-0004 2nd Corrected Vista Commercial Center Filing II Page 9 of 12 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 5. All development shall adhere to the requirements of Mountain View Fire Rescue. (Department of Planning Services) 6. Installation of utilities and improvements shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) 7. Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 8. All structures, including signs,on site must obtain the appropriate building permits. (Department of Planning Services) 9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 10. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning Services) 11. Water service shall be obtained from Left Hand Water District. (Department of Public Health and Environment) 12. Sewer service shall be obtained from Saint Vrain Sanitation District. (Department of Public Health and Environment) 13. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 14. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off-site tracking. (Department of Public Works) 15. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works) PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 10 of 12 16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 18. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 19. The property owner shall be responsible for complying with the Performance Standards and Procedures of Chapter 27, Article II and Article VIII of the Weld County Code. (Department of Planning Services) 20. The property owner shall be responsible for complying with the Performance Standards and Procedures of Chapter 23, Article III, Division 3 Section 23-3-250 of the Weld County Code. (Department of Planning Services) 21. The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works, Public Health and Environment, Planning Services and all applicable Weld County regulations. (Department of Planning Services) 22. No development activity shall commence on the property, nor shall any building permits be issued on the property until the Final Plan has been approved and recorded. (Department of Planning Services) 23. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 25. If no construction has begun or no use established in the PUD within three (3) years of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PU D.The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD plan vacated per Section 27-8-60 of the Weld County Code. (Department of Planning Services) PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 11 of 12 26. The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified per Section 27-8-70.A of the Weld County Code. (Department of Planning Services) 27. Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of this Code and Section 30-28-101, et seq., C.R.S. per Section 27-8-70.B of the Weld County Code. (Department of Planning Services) 28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resources. G. The applicant shall submit an electronic (PDF) copy of the plat for preliminary approval to the County Department of Planning Services. Upon approval of the PDF,the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. H. The plat map and additional requirements shall be submitted to the Department of Planning Services' for recording within shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be met, the Board may, after a public hearing, revoke the PUD per Section 27-8-50 of the Weld County Code. (Department of Planning Services) Prior to Construction: 1) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) PUDF19-0004 2'Corrected Vista Commercial Center Filing II Page 12 of 12 iQ4Ao. DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com ' PHONE: (970)400-400-3527 G 0 ' FAX: (970) 304-6498 June 28, 2019 HARSHMAN KEN 1543 CHAM PA ST STE 200 DENVER, CO 80202 Subject: PUDF19-0004 - Amended PUD Final Plan of Vista Commercial Center 2nd Filing (S-416) to vacate the internal lot lines of Lots 3,4,7 and 8 of Block 7. This will result in a single lot. This Amended PUD Final Plan encompasses a Site Plan Review. Section 23-2-150.G and 27-8-30.A of the Weld County Code allows for this request. On parcel(s)of land described as: LOT 8 BLOCK 7 2ND CORR VISTA COMMERCIAL CENTER FG #2, PART OF SECTION 8, T2N, R68W of the 6th P.M., Weld County, Colorado. LOT 7 BLOCK 7 2ND CORR VISTA COMMERCIAL CENTER FG #2, PART OF SECTION 8, T2N, R68W of the 6th P.M., Weld County, Colorado. LOT 3 BLOCK 7 2ND CORR VISTA COMMERCIAL CENTER FG #2, PART OF SECTION 8, T2N, R68W of the 6th P.M., Weld County, Colorado. LOT 4 BLOCK 7 2ND CORR VISTA COMMERCIAL CENTER FG #2, PART OF SECTION 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration 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 following Planning Departments for their review and comments: Firestone at Phone Number 303-833-3291 Frederick at Phone Number 720-382-5500 Mead at Phone Number 970-535-4477 Longmont at Phone Number 303-651-8601 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Maxwell Nader Planner FIELD CHECK Inspection date: September 25, 2019 CASE NUMBER: PUDF19-0004 APPLICANT: Russell Coburn LLC c/o Jana Hutkova LEGAL DESCRIPTION: Lots 3, 4, 7 and 8 of 2nd Corrected Vista Commercial Center Filing II; being a part of the N2NW4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to Vista View Drive; approximately 260 feet east of Sandstone Drive Zoning Land Use N S-416 (I-1 and C-3) N SPR-376 (Car Dealership) E S-416 (I-1 and C-3) E Vacant Land S S-416 (I-1 and C-3) S Vacant Land W S-416 (I-1 and C-3) w Vacant Land COMMENTS: The site is located in Vista Commercial Center Filing II. The site is vacant and so are the properties to the east, west, and south of the subject properties. The property to the north is currently a car dealership permitted via SPR-376. the subject properties are proposing access from the north off of Vista View Drive. l Maxwell Nader, Planner I 09/25/2019 Hello