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HomeMy WebLinkAbout20192154.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION P U DZ 18-0005 BOULDER CREEK ESTATES. LLC, CIO GROW YOUR STORAGE, LLC CHRIS GATHMAN A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DSITRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) FOR C-3 (BUSINESS COMMERCIAL) AND I-1 INDUSTRIAL USES FOR A SELF -STORAGE FACILITY ALONG WITH AN EXISTING 214 -FOOT IN HEIGHT TELECOMMUNICATIONS ANTENNA. LOT B REC EXEMPT RE -3232. PART NW4 SECTION 9. T2N. R68W OF THE 6TH P.M .. WELD COUNTY. COLORADO. EAST OF AND ADJACENT TO CR 5 AND APPROXIMATELY 175 -FEET SOUTH OF STATE HIGHWAY 119 be recommended favorably to the Board of County Commissioners for the following reasons: 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: A. Section 27-6-120.8.6.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 27-6-120.8.6. 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 RESOLUTION PUDZ18-0005 BOULDER CREEK ESTATES, LLC, C/O GROW YOUR STORAGE, LLC PAGE 2 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 27-6-120.8.6. 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. 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 accesses further to the north (to ensure access onto the County maintained portion of County Road 5) if necessary. D. Section 27-6-120.8.6. 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 11 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 27-6-120.8. 6.g - That there has been compliance with the applicable requirements contained in Chapter23 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. RESOLUTION PUDZ18-0005 BOULDER CREEK ESTATES, LLC, C/O GROW YOUR STORAGE, LLC PAGE 3 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. 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) Uses 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) 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) RESOLUTION PUDZ18-0005 BOULDER CREEK ESTATES, LLC, C/O GROW YOUR STORAGE, LLC PAGE 4 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) 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) RESOLUTION PUDZ18-0005 BOULDER CREEK ESTATES, LLC, C/O GROW YOUR STORAGE, LLC PAGE 5 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) Motion seconded by Bruce Sparrow. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent The 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, Kristine Ranslem, 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 21, 2019. Dated the 21st of May, 2019 Kristine Ranslem Secretary pC, M,;,,w-mss 05/2_.\120\ck SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 21. 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair. Michael Wailes. at 12:30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow, Bruce Johnson. Gene Stille, Tom Cope. Lonnie Ford. Richard Beck, Elijah Hatch, Skip Holland. Also Present: Chris Gathman. Angela Snyder, and Tom Parko, Department of Planning Services: Lauren Light and Ben Frissell. Department of Health: Evan Pinkham. Hayley Balzano and Mike McRoberts. Public Works; Bob Choate. County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION P U DZ 18-0005 BOULDER CREEK ESTATES. LLC. CIO GROW YOUR STORAGE. LLC CHRIS GATHMAN A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DSITRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) FOR C-3 (BUSINESS COMMERCIAL) AND I-1 INDUSTRIAL USES FOR A SELF -STORAGE FACILITY ALONG WITH AN EXISTING 214 -FOOT IN HEIGHT TELECOMMUNICATIONS ANTENNA. LOT B REC EXEMPT RE -3232. PART NW4 SECTION 9. T2N. R68W OF THE 6TH P.M. WELD COUNTY COLORADO. EAST OF AND ADJACENT TO CR 5 AND APPROXIMATELY 175 -FEET SOUTH OF STATE HIGHWAY 119. Chris Gathman. Planning Services, presented Case PUDZ18-0005, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Wailes referred to the comment that this site was used as a mining operation previously and asked if there are any geological hazards in this area. Mr. Gathman replied that it is not located in a geological hazard area and the mining has been completed. Evan Pinkham. Public Works. reported on the existing traffic, access to the site and drainage conditions for the site. Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Tony Ollila, Grow Your Storage. stated that he did not have anything further to add to Staffs presentation. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case PUDZ18-0005 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval. Moved by Tom Cope. Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson. Bruce Sparrow. Elijah Hatch, Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck. Skip Holland, Tom Cope. 1 Meeting adjourned at 8:20 pm. Respectfully submitted, ‘6,a6n.e_,gym. 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