HomeMy WebLinkAbout20194536.tiff HEARING CERTIFICATION
DOCKET NO. 2019-130.A
RE: AMENDED SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF19-0004, OF VISTA COMMERCIAL CENTER 2ND
FILING (S-416) TO VACATE THE INTERNAL LOT LINES OF LOTS 3, 4, 7 AND 8 OF
BLOCK 7, TO CREATE A SINGLE LOT- RUSSELL COBURN, LLC
A public hearing was conducted on October 9, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Maxwell Nader
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 13, 2019, and duly published
September 18, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Russell Coburn, LLC, for an Amended Site Specific Development Plan and Planned
Unit Development Final Plan, PUDF19-0004, of Vista Commercial Center 2nd Filing (S-416) to
vacate the internal lot lines of Lots 3, 4, 7 and 8 of Block 7, to create a single lot. Bob Choate,
Assistant County Attorney, made this a matter of record.
El Maxwell Nader, Department of Planning Services, presented a brief summary of the
proposal, cited Weld County Code regarding major amendments, and stated the Site Plan Review
application was waived per Section 23-2-150.G of the Weld County Code. He explained the future
plans for the site, provided the number of employees and hours of operation, and described the
proposed parking and screening. He indicated no correspondence had been received regarding
the application, and noted 16 referrals were sent out and ten (10) agencies responded. He stated
the site is within the three (3) mile referral areas of the City of Longmont, and Towns of Mead,
Frederick and Firestone, and within the Intergovernmental Agreement (IGA) of the City of
Longmont and Towns of Firestone and Mead. He displayed the zoning map and proposed layout
of the site, and reviewed photographs of the site and surrounding views.
IE Hayley Balzano, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and stated the applicant is proposing two (2) new
accesses, Vista View Drive and Skyway Drive. She indicated PW is requesting an access
variance for the access radii and that semi-truck access be limited to the northern access or that
the radii be increased. She provided daily roundtrips and average speeds, stated PW is
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HEARING CERTIFICATION - RUSSELL COBURN, LLC (PUDF19-0004)
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requesting a Road Maintenance Agreement, and mentioned the applicant had submitted a
Preliminary Drainage Report. She indicated the ponds for the Vista Commercial Subdivision are
in violation, noted the site is within an MS4 area, and presented the drainage and grading
requirements. In response to Chair Kirkmeyer, Ms. Balzano indicated the Road Maintenance
Agreement is Condition of Approval (COA) #1.D and confirmed there are no improvements
required. She reiterated the expected traffic into the development is 100 passenger vehicles and
three (3) semi-trucks per day, and Mr. Nader confirmed the semi-trucks are for product delivery.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated the Left Hand Water District will provide water and the Saint Vrain Sanitation
District will provide sewer service. In response to Chair Kirkmeyer, Ms. Light clarified the
information submitted with the application with regard to the water and sewer service.
In response to Chair Kirkmeyer, Ms. Balzano stated the drainage requirement is addressed
in COA #1.E, and Mr. Nader clarified the applicant cannot obtain building permits until the COA
is met. Ms. Balzano confirmed the Drainage Report is for the whole subdivision, and clarified for
Chair Kirkmeyer the traffic expected to enter the development is 100 roundtrips per day.
Russell Coburn, applicant, stated the Homeowners' Association (HOA) is addressing the
subdivision drainage issue and he desired to move forward with the grading and building
construction on his site. He provided the history of his company, future plans for the site, and in
response to Commissioner James, indicated his business does not have a retail aspect. In
response to Commissioner Conway, Mr. Coburn provided the number of employees, and stated
it is his understanding the HOA had hired an engineer to survey the land and a company to do
the pond mitigation. Commissioner Conway referenced COA #1.E (Final Drainage Report) and
read "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."
Mr. Coburn acknowledged the COA and indicated the drainage on his site is complete and
reiterated he would like to move forward with his project prior to the HOA's completion of the
ponds. Chair Kirkmeyer explained, due to the zoning violation, development cannot commence
until mitigation occurs and the violation is closed.
In response to Commissioner Conway, Chair Kirkmeyer stated the provision of "proceed at
your own risk" is a decision made by the directors of the Department of Planning Services (for
early release of a building permit) and the PW(for early release of a grading permit). Ms. Balzano
clarified a Final Drainage Report has to be approved prior to grading, and Chair Kirkmeyer
reminded the applicant the hearing testimony should be related to the amended PUDF only.
▪ No public testimony was offered concerning this matter.
• In response to Chair Kirkmeyer, Ms. Balzano confirmed the HOA had not yet applied for a
grading permit to correct the ponds. There was discussion about the County's ability to collect
collateral to assure work on the ponds is completed and the risks associated with releasing an
early grading permit. Commissioner Freeman expressed his support of combining the four(4) lots
into one (1), which led to discussion among the Board about combining the lots, the zoning
violation, the likelihood of the COA being met, and the early grading permit.
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HEARING CERTIFICATION - RUSSELL COBURN, LLC (PUDF19-0004)
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El Mr. Choate suggested adding language to the COA to address some of aforementioned
concerns. Chair Kirkmeyer suggested adding a new COA#1.F, moving the second sentence from
COA#1.E (Final Drainage Report) to COA #1.F, and adding additional language regarding an
Improvements Agreement. With regard to COA #1.H.5 (requirements of the Mountain View Fire
Rescue), Mr. Nader explained the requirements and Chair Kirkmeyer suggested deleting the
Condition. In response to Chair Kirkmeyer, Mr. Coburn confirmed he had a Landscape Plan and
the site has irrigation, and Ms. Balzano clarified COA#1.H.19 (site inspection frequency). The
Board agreed to all of the aforementioned changes.
There was additional discussion about the language in COA #1.F and in response to
Mr. Coburn, Mr. Choate explained how collateral works. In response to Chair Kirkmeyer,
Mr. Coburn indicated he had reviewed, and agreed to abide by, the Conditions of Approval.'e No public testimony was offered with regard to changes made to the Conditions of Approval.
El Commissioner James moved to approve the request of Russell Coburn, LLC, for an
Amended Site Specific Development Plan and Planned Unit Development Final Plan,
PUDF19-0004, of Vista Commercial Center 2nd Filing (S-416) to vacate the internal lot lines of
Lots 3, 4, 7 and 8 of Block 7, to create a single lot, based on the recommendation of Planning
staff, with the Conditions of Approval, as amended. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:17 a.m.
This Certification was approved on the 14th day of October, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: �sQrtAtiti jdo•ve vai, ,tom
arbara Kirkmeyer Chair
Weld County Clerk to the Board x
• Mike Freeman, Pro-Tem
eputy Clerk to the Board
IF , Se� . Conway
APPR ED AS
361 ( � � ott K. James
ounty or ey
®u N I Steve Moreno
Date of signature: 10/2.421/19
2019-4536
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