HomeMy WebLinkAbout20192153.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ18-0005, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT 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 - BOULDER CREEK ESTATES, LLC, C/O
GROW YOUR STORAGE, LLC
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 19th day of June, 2019, at 10:00 a.m., for
the purpose of hearing the application of Boulder Creek Estates, LLC, 8240 Creek Hollow Rd.,
Boulder, Colorado 80301, c/o Grow Your Storage, LLC, 1705 Feagin Dr., Lufkin, Texas 75904,
requesting Change of Zone, PUDZ18-0005, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District 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, for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -3232; being part
of the NW1/4 of Section 9, Township 2 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Tony Ollila, Grow Your Storage, LLC,
600 Gyrfalcon Court, Windsor, Colorado 80550, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
A. Section 27-6-120.D.5.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.
1) 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
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will be served by public water (Left Hand Water District) and Public
Sewer (St. Vrain Sanitation District).
2) 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.
3) 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
two (2) 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.D.5.b — The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-40. Bulk Requirements, states: "The normal bulk
requirements for minimum setback, minimum offset, minimum lot
size, minimum lot area per structure, maximum height of buildings
and lot coverage may be varied as specified in a PUD final plan.
(All other performance standards applicable to a PUD Zone District
may be required to be as strict as the performance standards
contained in the zone district in which the use would usually be
allowed.)" The applicant has chosen to adhere to the bulk
requirements of the Commercial and Industrial Zone Districts.
2) Section 27-2-70. Compatibility, states: "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.
Compatible uses shall be determined by evaluating the general
uses, building height, setback, offset, size, density, traffic, dust,
noise, harmony, character, common open space, screening, health,
safety and welfare of the PUD in relation to surrounding uses."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.
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3) Section 27-2-200. Uses, states: "Uses within a PUD Zone District
shall be described by filings, phases, blocks and lots within a PUD.
This description shall give a clear indication of the type of use to
take place and a description of the type of buildings and structures
to be associated with those uses. This description shall be in
adequate detail to determine density, common open space, major
vehicle and pedestrian circulation, water and sewer facilities, the
buffering or screening of the use and the time frame for construction
of the use. 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 this 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.D.5.c — 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 three (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 the referrals, dated February 12,
2019, and February 19, 2019. The Town of Longmont, in the referral dated
March 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 (CR) 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
CR 5, if necessary.
D. Section 27-6-120.D.5.d — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of 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.D.5.e — 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
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Zone District. The property accesses CR 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 Ba►dridge and Vista Commercial PUDs.
F. Section 27-6-120.D.5.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 V, 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.D.5.g — 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 lot 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 27-6-120.D.5.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, versus a Conceptual Development, per Section 27-6-20 of
the Weld County Code. The applicant is proposing a secondary access
onto CR 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 CR 5, should it be necessary. The applicant
is proposing to submit Site Plan Review application materials with the Final
Plan application. The Final Plan may be administratively approved if
substantially consistent with the Change of Zone Specific Development
Guide.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Boulder Creek Estates, LLC, do Grow Your Storage,
LLC, for Change of Zone, PUDZ18-0005, from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District 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,
on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
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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.
B. The applicant shall attempt to address the comments of the City of
Longmont, as stated in the referral comments dated March 4, 2019. Written
evidence of such shall be provided to the Department of Planning Services.
C. The applicant shall address the requirements of the St. Vrain Sanitation
District, as stated in the referral dated February 12, 2019. The applicant
shall provide evidence that the property has been petitioned and included
in the St. Vrain Sanitation District.
D. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ18-0005.
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.
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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
E. 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 Change of Zone, PUDZ18-0005, is from the A (Agricultural)
Zone District to the PUD (Planned Unit Development) Zone District
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, 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.
2) Water service shall be obtained from the Left Hand Water District.
3) Sewer service shall be obtained from the St. Vrain Sanitation
District.
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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 the Weld
County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted
5) If land development exceeds six (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.
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.
7) A single County -approved access off the County -maintained road
shall be granted and maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking.
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.
9) The historical flow patterns and runoff amounts on the site will be
maintained.
10) Weld County is not responsible for the maintenance of on -site
drainage related features.
11) Weld County is not responsible for the maintenance on on -site
roads.
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.
13) 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.
14) 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
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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.
15) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
F. 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.
G. 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).
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WF�D COUNTY, COLQRADO
ATTEST: dithis)
Weld County Clerk to the Board
BY
puty lerk o the Board
APPROVED AS TO FORM:
KLY
A.5ff. County Attorney
Date of signature: i%/IZl/q
17.
arbara Kirkmeyer, Chair
InStat-
Mike Freeman, Pro-Tem
EXCUSED
.ean P. Conway
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t . James
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