HomeMy WebLinkAbout20192155.tiffLAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
PLANNER: C. Gathman
CASE NUMBER: PUDZ18-0005 HEARING DATE: May 21, 2019
APPLICANT: Boulder Creek Estates, LLC, do Grow Your Own Storage, LLC
AUTHORIZED AGENT: Aperio Property Consultants, LLC — Aaron Thompson
REQUEST:
LEGAL:
LOCATION:
ACRES:
Change of Zone Request from the A(Agricultural) Zone District PUD (Planned
Unit Development) for C-3 (Business Commercial) and I-1 (Industrial) Uses for a
Self -Storage Facility.
Lot B Recorded Exemption RE -3232; located in Part of the NW4 of Section 9,
T2N, R68W of the 6'h PM, Weld County, Colorado.
East of and adjacent to County Road 5 and approximately 175 -feet south of
State Highway 119.
6.6 acres, more or less
PARCEL #: 1313-09-2-00-005
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
Without Comment:
RE -1J School District, referral received 2/12/2019
Town of Firestone, referral received 2/12/2019
Town of Mead, referral received 2/19/2019
With Comment:
Weld County Department of Public Health and Environment, referral received 3/8/2019
Weld County Department of Public Works, referral received 4/28/2019
St. Vrain Sanitation District, referral received 2/2/2019
Mountain View Fire Protection District, referral received 2/20/2019
City of Longmont, referral received 3/4/2019
The Department of Planning Services' staff has not received responses from:
Ambulance Services
Colorado Department of Transportation
Colorado Parks and Wildlife
PUDZ 18-0005 BOULDER CREEK ESTATES, LLC 1
Town of Frederick
Boulder County
Left Hand Water District
Longmont Soil Conservation District
PUDZ 18-0005 BOULDER CREEK ESTATES, LLC 2
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
PLANNER: C. Gathman
CASE NUMBER: PUDZ18-0005 HEARING DATE: May 21, 2019
APPLICANT: Boulder Creek Estates, LLC, c/o Grow Your Own Storage, LLC
REQUEST: Change of Zone Request from the A(Agricultural) Zone District PUD (Planned
Unit Development) for C-3 (Business Commercial) and I-1 Industrial Uses for a
Self -Storage Facility.
LEGAL:
LOCATION:
ACRES:
Lot B Recorded Exemption RE -3232; located in Part of the NW4 of Section 9,
T2N, R68W of the 61h PM, Weld County, Colorado.
East of and adjacent to County Road 5 and approximately 175 -feet south of
State Highway 119.
6.6 acres, more or less
PARCEL #: 1313-09-2-00-005
CASE SUMMARY: The applicant intends to operate a storage facility and office on the site. The property
is located within the boundaries of the 1-25 RUA (Regional Urbanization Area). The property is defined as
"Employment Center — High Intensity" on the 1-25 Regional Urbanization Area Structural Plan map.
Section 26-2-20.A.2 states that uses in Employment Centers include "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 DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-5-30
of the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
PUDZ 18-0005 BOULDER CREEK ESTATES, LLC 3
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 the Weld County Code.
Section 22-2-120 R.Goal 1. states: 'Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or
district."
The proposed PUD will be served by public water (Left Hand Water District) and
Public Sewer (St. Vrain Sanitation District).
Section 22-2-80.D.1 (I.Policy 4.1) states: "New development should pay for the additional
costs associated with those services directly impacted by the new industrial
development." The applicant shall enter into an Improvements and Road Maintenance
Agreement for on -site and off -site improvements associated with this project prior to
recording the final plan.
Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities that occur between the
industrial uses and surrounding properties".
The proposed PUD is located immediately east of and adjacent to (2) two existing PUDs
(Vista Commercial and Baldridge PUD). These PUDs are for C-3 and I-1 Industrial uses.
This property will be required to adhere to the design and operation standards of the
Commercial and Industrial zone districts and will be required to adhere to the landscaping
and screening for the 1-25 RUA as well.
B. Section 27-6-120.B.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 the Weld County Code.
Section 27-2-40 Bulk Requirements — The applicant has chosen to adhere to the bulk
requirements of the Commercial and Industrial zone districts.
Section 27-2-70 Compatibility — The density, design and location of land uses within and
adjoining a PUD shall be designed to be compatible with other uses within and adjoining
the PUD.
Uses in the proposed PUD will be required to adhere to the Design and Performance
Standards in the Commercial and Industrial Zone Districts as well as the landscaping and
screening standards outlined in the 1-25 RUA. Future uses in the PUD will require a Site
Plan Review application and will be required to adhere to screening requirements for
outdoor storage as well as minimum landscaping requirements for future uses that will
locate in the PUD.
Section 27-2-200 — Uses — All commercial and industrial lots in a PUD shall undergo a
site plan review process, as defined in Chapter 23, Article II, Division 3 of the Weld
County Code. The applicant is proposing to submit a site plan and address the Site Plan
Review requirements of the Weld County Code with the final plan submittal of the PUD.
C. Section 27-6-120.B.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 the Weld County
Code or master plans of affected municipalities.
PUDZ 18-0005 BOULDER CREEK ESTATES, LLC 4
The site is located within the 3 -mile referral boundary for the City of Longmont, the City of
Firestone, the Town of Frederick and the Town of Mead. The Town of Firestone and the
Town of Mead responded with no concerns in their referrals dated 2/12/2019 and
2/19/2019. The Town of Longmont, in their referral dated 3/4/2019, mentioned possibly
working with the applicant to relocate an existing trail easement from the northern portion
of the property to the southern portion, consider dedication of land for a future trailhead
for the St. Vrain Greenway Trail and coordination of access into the property. The portion
of the property located to the south of Vista View Drive and County Road 5 is within the
City of Longmont municipal boundary and is not maintained by Weld County. The
applicants have indicated in discussions with County personnel that they would be willing
to relocate both access further to the north (to ensure access onto the County maintained
portion of County Road 5) if necessary.
D. Section 27-6-120.B.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 the Weld County Code.
The proposed development will be served by Public Water (Left Hand Water District) and
Public Sewer (St. Vrain Sanitation). A condition of approval is attached requiring the
applicant provide evidence that the property has been included within the boundaries of
the St Vrain Sanitation District prior to recording the plat.
E. Section 27-6-120.B.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 property accesses County Road 5 (a local paved road) at the northern portion of the
property and is also immediately to the east of Vista View Drive which serves several
commercial and industrial uses located in the adjacent Baldridge and Vista Commercial
PUDs.
F. Section 27-6-120.B.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.
An Improvements Agreement is required for sites with required off -site improvements per
Chapter 12, Article 5, Section 12-5-60. This agreement will include on -site improvements
associated with the development. Collateral is required to ensure the improvements are
completed and maintained.
G. Section 27-6-120.B.6.g - That 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.
The proposed PUD is not located within a floodplain, geohazard area or MS -4 boundary.
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
PUDZ 18-0005 BOULDER CREEK ESTATES, LLC 5
H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide. .
The applicant is requesting that this PUD be approved as a specific development vs. a
conceptual development per Section 27-6-20 of the Weld County Code. The applicant is
proposing a secondary access onto County Road 5 south of Vista View Drive (which is in
the municipal limits of the City of Longmont). The applicant indicated that they would be
willing to re -locate the secondary access further to the north onto the county -maintained
portion of County Road 5 should it be necessary. The applicant is proposing to submit
Site Plan Review application materials with the final plan application.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture to PUD with C-3 (Business Commercial) and I-1 (Industrial) is
conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators 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 owner/operators. The plat shall be
amended to include any possible future drilling sites and/or setbacks (if applicable).
(Department of Planning Services)
C. The applicant shall attempt to address the comments of the City of Longmont as stated in
their referral comments dated 3/4/2019. Written evidence of such shall be provided to the
Department of Planning Services. (City of Longmont)
D. The applicant shall address the requirements of the St. Vrain Sanitation District as stated in
their referral dated 2/12/2019. The applicant shall provide evidence that the property has
been petitioned and included in the St. Vrain Sanitation District. (St. Vrain Sanitation District)
E. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ18-0005. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the Change
of Zone plat per Section 23-2-690 of the Weld County Code. (Department of
Planning Services)
3. County Road 5 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Department of Public Works)
PUDZ 18-0005 BOULDER CREEK ESTATES, LLC 6
F. 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:
1. The site -specific development plan is for a Change of Zone from (A) Agriculture
to PUD with C-3 (Business Commercial) and I-1 Industrial 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. The Commercial and Industrial uses shall
comply with the bulk standards for each zone district. (Department of Planning
Services)
2. Water service shall be obtained from the Left Hand Water District. (Department
of Public Health and Environment)
3. Sewer service shall be obtained from the St. Vrain Sanitation District.
(Department of Public Health and Environment)
4. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of Weld County Environmental Health Services, a
fugitive dust control plan must be submitted. (Department of Public Health and
Environment)
5. If land development exceeds 6 months in duration, the responsible party shall
prepare a fugitive dust control plan, submit an air pollution emissions notice
application, and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
6. 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)
7. 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)
8. 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)
9. The historical flow patterns and runoff amounts on the site will be maintained.
(Department of Public Works)
10. Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Public Works)
11. Weld County is not responsible for the maintenance on onsite roads.
(Department of Public Works)
12. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
13. Personnel from Weld County Government 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)
PUDZ 18-0005 BOULDER CREEK ESTATES, LLC 7
14. The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment, and
Planning Services, and adopted Weld County Code and Policies. (Department of
Planning Services)
15. 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 three (3) years of the date of the approval of
the PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submission of the PUD Final Plan. The Board
may extend the date for the submission 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.
(Department of Planning Services)
16. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
G. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012,
should the plat not be recorded within the required one -hundred twenty (120) days from
the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance shall be added for each additional three (3) month period.
H. 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). (Department of Planning Services)
8
April 22, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
THOMPSON AARON
4032 DEFOE ST
STRASBURG, CO 80136
Subject: PUDZ18-0005 - A PUD (Planned Unit Development) Change of Zone application for C-3
(Business Commercial) and I-1 Industrial Uses for a Self -Storage Facility.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -3232, PART NW4 SECTION 9, T2N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 21, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 19, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
kfit
Chris Gathman
Planner
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
February 11, 2019
THOMPSON AARON
4032 DEFOE ST
STRASBURG, CO 80136
Subject: PUDZ18-0005 - A PUD (Planned Unit Development) Change of Zone application for C-3
(Business Commercial) and I-1 Industrial Uses for a Self -Storage Facility.
On parcel(s) of land described as:
LOT B RE -3232; PART NW4 SECTION 9, 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.
If you have any questions concerning this matter, please call.
Respectfully,
(VIAAL.
Chris Gathman
Planner
FIELD CHECK inspection dates: 5/5/2019
APPLICANT: Boulder Creek Estates, LLC, c/o Grow Your Own Storage, LLC
CASE #: PUDZ18-0005
REQUEST: Change of Zone Request from the A(Agricultural) Zone District PUD (Planned Unit
Development) for C-3 (Business Commercial) and I-1 (Industrial) Uses for a Self -Storage
Facility.
LEGAL: Lot B Recorded Exemption RE -3232; located in Part of the NW4 of Section 9, T2N, R68W
of the 6'" PM, Weld County, Colorado.
LOCATION: East of and adjacent to County Road 5 and approximately 175 -feet south of State
Highway 119.
PARCEL ID #s: 1313-09-2-00-005
ACRES:
+/- 6.6 acres
Zoning
Land Use
N
A
N
Highway 119
E
A
E
Floodplain
S
A
S
Town of Longmont Facility
W
A
W
Commercial Uses (Commercial PUDs (Vista
Commercial and Baldridge)
COMMENTS:
Existing communication tower located on southern portion of property.
/c
v3WLtrry�r
Chris Gathman - Planner III
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