HomeMy WebLinkAbout20160430.tiff RESOLUTION
RE: GRANT A PLANNED UNIT DEVELOPMENT CHANGE OF ZONE, PUDZ15-0001,
REQUEST TO REZONE LOT 1 ALTHEN BOYER PUD FROM THE C-3 (BUSINESS
COMMERCIAL) AND A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS
COMMERCIAL) AND 1-3 (INDUSTRIAL) ZONE DISTRICT USES - PKE INVESTMENTS
LIMITED PARTNERSHIP
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 3rd day of February, 2016, at 10:00 a.m.,
for the purpose of hearing the application of PKE Investments Limited Partnership, 30081 CR 21,
Greeley, CO 80631, requesting a Planned Unit Development Change of Zone, PUDZ15-0001,
request to rezone Lot 1 Althen Boyer PUD from the C-3 (Business Commercial) and A
(Agricultural) Zone District to the C-3 (Business Commercial) and 1-3 (Industrial) Zone District
Uses, for a parcel of land located on the following described real estate, to-wit:
Lot 1 Althen-Boyer Commercial Unit Development;
being part of the SW1/4 of Section 23, Township 1
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Mark Taylor, Alles Taylor & Duke, LLC,
3610 35th Avenue, Unit#6, Evans, Colorado 80620, 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) Sec. 22-2-80 (A. (.Goal 1) states: "Promote the location of industrial
uses within municipalities, County Urban Growth Boundary areas,
Intergovernmental Agreement, urban growth areas, growth
management areas as defined in municipalities' comprehensive
plans, the Regional Urbanization Areas, Urban Development
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CHANGE OF ZONE, PUDZ15-0001, REZONE C-3 (BUSINESS COMMERCIAL) AND
A (AGRICULTURAL) ZONE DISTRICTS TO C-3 (BUSINESS COMMERCIAL) AND 1-3
(INDUSTRIAL) ZONE DISTRICTS
PAGE 2
Nodes, along railroad infrastructure or where adequate services are
currently available or reasonably obtainable."The site is located in
an existing commercial subdivision (Althen-Boyer). The proposed
Change of Zone site is served by public water(Central Weld County
Water District Water) and is located adjacent to Interstate 25 and
has multiple commercial and industrial uses.
2) Section 22-2-80.F.1 ( I.Policy 6.) states: "Consider the compatibility
with surrounding land uses and natural site features."The majority
of the Change of Zone is located within the Althen-Boyer
Commercial Unit Development. The site is covered by an existing
building and contains an existing commercial/industrial use. A steel
building sales facility (approved under SPR-363), a vehicle service
and repair facility (approved under AMSPR-208), and a commercial
junk and salvage facility (approved under AMUSR-1475).
Additional commercial uses are located to the south of the site.
B. Section 27-6-120.D.5.b-The uses which would 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) Sec. 27-2-20 states: "All PUD developments will be served by an
internally paved road system according to County standards."An
exception to paving may be granted by the Director of Public Works
for residential PUDs of nine (9) lots or less located in nonurban
areas as defined in Chapter 22 of this Code, when the PUD is not
located within close proximity to other PUDs, subdivisions and
municipal boundaries, and when access to the PUD is not from a
public road which is paved or will be paved within a year of approval
of the PUD. This parcel (and the parcels to the south located in the
Althen-Boyer Commercial Unit Development) access directly onto
to a paved road (East 1-25 Frontage Road).
2) Sec. 27-2-30 states: "Uses, buildings or structures within and
adjacent to a PUD Zone District shall be adequately buffered and
screened to make their appearance and operation harmonious
with the surrounding uses."The site is covered by an existing
building and storage. Buffering and screening shall be addressed
at the Final Plat/Site Plan Review.
3) Section 27-2-40 Bulk Requirements —The applicant has chosen to
adhere to the bulk requirements of the C-3 (Business Commercial)
and 1-3 (Industrial) Zone Districts.
C. Section 27-6-120.D.5.c - The uses which will be permitted will be
compatible with the existing or future development of the surrounding area,
as permitted by the existing Zoning, and with the future development as
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CHANGE OF ZONE, PUDZ15-0001, REZONE C-3 (BUSINESS COMMERCIAL) AND
A (AGRICULTURAL) ZONE DISTRICTS TO C-3 (BUSINESS COMMERCIAL) AND 1-3
(INDUSTRIAL) ZONE DISTRICTS
PAGE 3
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed Change of Zone is located within the
three(3) mile referral area of the Towns of Dacono, Erie, Broomfield County
and Adams County. The Town of Erie indicated no conflicts of interest in
the referral dated October 5, 2015. No referral responses have been
received from the City of Dacono, Broomfield County or Adams County.
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 site is served by Central Weld County Water District and an existing
septic system (permitted under Permit No. SP-1300036) sized for up to
nineteen (19) people.
E. Section 27-6-120.D.56.e-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 site accesses onto an existing paved
road maintained by the Colorado Department of Transportation (CDOT).
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. The site has an existing building, along with parking and
storage.
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 site is covered by an existing building, along with
parking and storage. No additional buildings are proposed at this time. Any
future development of the site will require a Site Plan Review.
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s), uses, and the specific development guide. This is an existing
platted subdivision.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of PKE Investments Limited Partnership for a Planned
Unit Development Change of Zone, PUDZ15-0001, request to rezone Lot 1 Althen Boyer PUD
from the C-3 (Business Commercial) and A (Agricultural) Zone District to the C-3 (Business
Commercial) and 1-3 (Industrial) Zone District Uses, on the above referenced parcel of land be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
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CHANGE OF ZONE, PUDZ15-0001, REZONE C-3 (BUSINESS COMMERCIAL) AND
A (AGRICULTURAL) ZONE DISTRICTS TO C-3 (BUSINESS COMMERCIAL) AND 1-3
(INDUSTRIAL) ZONE DISTRICTS
PAGE 4
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 plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ15-0001.
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) The Weld County's Right to Farm shall be placed on the plat,
Appendix 22-E of the Weld County Code.
4) All recorded easements and rights-of-way shall be shown and
dimensioned on the Change of Zone plat, along with the recorded
document reception number and date.
5) Show the approved Colorado Department of Transportation
(CDOT) access on the site plan and label with the approved Access
Permit number, if applicable.
6) Show and label the Geologic Hazard Area on the site plan.
C. The Change of Zone is conditional upon the following and 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 Planned Unit Development with C-3
(Business Commercial) And 1-3 (Industrial) Zone District Uses, as
indicated on the application and subject and governed by the
Conditions of Approval stated hereon and all applicable Weld
County Regulations.
2) The Bulk Standards Requirement, as delineated in Section 23-3-
160, Table 23.4, for C-3 (Business Commercial) and 1-3 (Industrial)
Zone Districts.
3) Water service shall be obtained from the Central Weld County
Water District or suitable water source.
4) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems designed in
accordance with the regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division and
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CHANGE OF ZONE, PUDZ15-0001, REZONE C-3 (BUSINESS COMMERCIAL) AND
A (AGRICULTURAL) ZONE DISTRICTS TO C-3 (BUSINESS COMMERCIAL) AND 1-3
(INDUSTRIAL) ZONE DISTRICTS
PAGE 5
the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
5) Language for the preservation and/or protection of the absorption
field shall be placed on the plat. The note shall state; "Activity or use
on the surface of the ground over any part of the OWTS must be
restricted to that which shall allow the system to function as
designed and which shall not contribute to compaction of the soil or
to structural loading detrimental to the structural integrity or
capability of the component to function as designed."
6) The access to the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off-site tracking.
7) Should noxious weeds exist on the property, or become established
as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II, of the Weld County Code.
8) There shall be no parking or staging of vehicles on public roads.
On-site parking shall be utilized.
9) The historical flow patterns and runoff amounts will be maintained
on the site.
10) Weld County is not responsible for the maintenance of on-site
drainage related features.
11) This property lies within a known Geologic Hazard Area, as defined
by the Colorado Geological Survey.
12) All signs, including entrance signs, shall require building permits.
13) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code and requirements of the service providers.
14) Building permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following have been adopted by Weld
County: 2012 International Codes, 2006 International Energy Code,
and 2014 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans
bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.15. The property owner
shall be responsible for compiling with the Performance Standards
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CHANGE OF ZONE, PUDZ15-0001, REZONE C-3 (BUSINESS COMMERCIAL) AND
A (AGRICULTURAL) ZONE DISTRICTS TO C-3 (BUSINESS COMMERCIAL) AND 1-3
(INDUSTRIAL) ZONE DISTRICTS
PAGE 6
of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
16) 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County
regulations.
17) 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.
18) The applicant shall comply with Section 27-8-50 or the Weld County
Code. 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.
19) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
2. Prior to recording the Change of Zone:
A. The Change of Zone plat map shall be submitted to the Department of
Planning Services for recording within sixty (60) days of approval by the
Board of County Commissioners. 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).
2016-0430
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CHANGE OF ZONE, PUDZ15-0001, REZONE C-3 (BUSINESS COMMERCIAL) AND
A (AGRICULTURAL) ZONE DISTRICTS TO C-3 (BUSINESS COMMERCIAL) AND 1-3
(INDUSTRIAL) ZONE DISTRICTS
PAGE 7
B. 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 charge shall
added for each additional three (3) month period.
3. At the time of Final Plan submission:
A. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the final plat.
Easements shall follow rear and side lot lines and shall have minimum total
width of twenty (20)feet apportioned equally on abutting properties. Where
front line easements are required, a minimum of fifteen (15) feet shall be
allocated as a utility easement.
B. Because the site has existing improvements, the applicant shall detail the
existing improvements and uses on the site at the time of Final Plan
submittal. The applicant shall provide a completed Site Plan Review
Questionnaire and Site Plan Review Map with the Final Plan Application.
C. The applicant shall submit a digital file of all drawings associated with the
Final Plan 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).
2016-0430
PL2400
CHANGE OF ZONE, PUDZ15-0001, REZONE C-3 (BUSINESS COMMERCIAL) AND A
(AGRICULTURAL) ZONE DISTRICTS TO C-3 (BUSINESS COMMERCIAL) AND 1-3
(INDUSTRIAL) ZONE DISTRICTS
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of February, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dayfeov ( jd,o;eA
Mike Freeman, Chair
Weld ounty Clerk to the Board•
O aSean P. Conway, Pro-Tem
BY: oki D W y Clerk to the oard i� � ���"�.9 117116_1) a
�� ' 1"�� '�►,ie A. Cozad
AP ED A m: 1161
'-�.►�' .;`r•ara Kirkmeyer
amount ttorney
Steve Moreno
Date of signature: —"-y iv
2016-0430
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