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LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
1 - C im
PLANNER: C. Gathman
CASE NUMBER: PUDZ15-0001 HEARING DATE:January 6, 2016
APPLICANT: PKE Investments 30081 C/O Phil Erby
SITUS ADDRESS: 2240 1-25 Frontage Road
REQUEST: A Planned Unit Development Change of Zone Request to Rezone Lot 1 Althen
Boyer Planned Unit Development and Part of the SW4 of Section 23 Ti N R68W
from the C-3 (Business Commercial) and A(Agricultural)Zone District to Planned
Unit Development with C-3 (Business Commercial) and 1-3 (Industrial) Zone
District Uses.
LEGAL: Lot 1 of Althen-Boyer Commercial Unit Development & Part of the SW4 of
Section 23 Ti N R68W of the 6'" PM, Weld County, Colorado
LOCATION: Approximately 1,100 feet north of County Road 6 and east of and adjacent to the
East Interstate 25 Frontage Road.
ACRES: 3.36 acres, more or less
PARCEL#: 146723000081
APPLICATION SUMMARY:
Althen-Boyer Commercial Unit Development plan and change of zone was approved and recorded in
1974. The Althen-Boyer subdivision plat was approved and recorded in 1976. Lot 1 of Althen-Boyer is
zoned C-3 (Business) Commercial. An Amended Commercial Unit Development was approved for Lot 1
of Althen-Boyer was approved and recorded in 1977. On this development plan a proposed building was
shown on the site. There is an existing building (a 40' x 125' steel building) was permitted in on Lot 1 in
1996. This building is presently being utilized by a steel manufacturing and sales business. When Althen-
Boyer was platted there was a parcel of land to the north of Lot 1 and the Bull Canal that was left out (not
made a part of Althen Boyer). This separate parcel is zoned A (Agriculture) and is partially planted in
trees and has outside storage associated with an existing steel manufacturing and sales business on Lot
1. A proposed commercial equipment rental/sales operation is considering locating on the site. The
applicants wish to rezone this parcel and Lot 1 to PUD for C-3 (Commercial) and 1-3 (Industrial) uses to
allow existing related commercial/industrial uses to remain and allow existing and future commercial and
industrial uses to locate on this site. Additionally there is a separate parcel of approximately .25 acres to
the east of Lot 1 that is a part of the site/operations area that the applicants are proposing to rezone to
PUD for C-3 (Business Commercial) and 1-3 (Industrial) uses as well.
Should this change of zone be approved the applicants will be applying for a PUD final plat application to
combine Lot 1 with the parcel to the north and the parcel to the east.
PUDZ15-0001— PKE Investments Page 1
The Department of Planning Services' staff has received responses from the following agencies:
Without Comment:
Weld County Sheriff's Office, referral dated October 6, 2015
Town of Erie, referral dated October 5, 2015
Weld County Zoning Compliance, referral dated October 5, 2015
With Comment:
Mountain View Fire Protection District, referral dated October 13, 2015
Department of Public Health and Environment, referral dated October 28, 2015
Department of Planning Services— Engineer, referral dated November 10, 2015
The Department of Planning Services' staff has not received responses from:
Colorado Department of Transportation
Colorado Parks and Wildlife
City of Dacono
Broomfield City and County
Adams County
School District RE-1J
West Adams Soil Conservation District
Farmer's Reservoir and Irrigating Company
PUDZ15-0001— PKE Investments Page 2
CHO ZRATIVE E OMNE
ADMINISTRATIVE RECOMMENDATION
co , w:
PLANNER: C. Gathman
CASE NUMBER: PUDZ15-0001 HEARING DATE:January 6, 2016
APPLICANT: PKE Investments C/O Phil Erby
ADDRESS: 2240 1-25 Frontage Road
REQUEST: A Planned Unit Development Change of Zone Request to Rezone Lot 1 Althen
Boyer Planned Unit Development and Part of the SW4 of Section 23 Ti N R68W
from The C-3 (Business Commercial) And A (Agricultural) Zone District to
Planned Unit Development With C-3 (Business Commercial) And 1-3 (Industrial)
Zone District Uses.
LEGAL: Lot 1 of Althen-Boyer Commercial Unit Development & Part of the SW4 of
Section 23 T1 N R68W of the 6'" PM, Weld County, Colorado
LOCATION: Approximately 1,100 feet north of County Road 6 and east of and adjacent to the
East Interstate 25 Frontage Road.
ACRES: 3.36 acres, more or less
PARCEL#: 146723000081
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:
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.
Sec. 22-2-80 (A. I.Goal 1) 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 Nodes, along railroad infrastructure or
where adequate services are currently available or reasonably obtainable.
PUDZ15-0001— PKE Investments Page 3
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 multiple commercial and industrial uses.
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 & 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 27-6-120.8.6.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 11,
Chapter 27 of the Weld County Code.
Sec. 27-2-20. Access standards.
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).
Sec. 27-2-30. Buffering and screening.
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.
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 27-6-120.8.6.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 proposed change of zone is located within the three-mile referral area of the Town of
Dacono, Town of Erie, Broomfield County and Adams County. The Town of Erie
indicated no conflicts with their interests in their referral dated October 5, 2015. No
referral response has been received from the City of Dacono, Broomfield County and
Adams County.
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 II the Weld County Code.
PUDZ15-0001— PKE Investments Page 4
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 27-6-120.8.6.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 site accesses onto an existing paved road maintained by the Colorado Department
of Transportation (CDOT).
F. Section 27-6-120.8.6.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.
The site has an existing building along with parking and storage.
G. Section 27-6-120.8.6.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 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 (additional
buildings...)will require a Site Plan Review.
H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses,
and the specific or conceptual development guide.
This is an existing platted subdivision. Given that this is an existing developed site, staff
is recommending approval of this PUD as a specific development guide and that the PUD
be reviewed administratively by county staff at the PUD final plan stage.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture and C-3 (Business Commercial) to PUD with C-3 Commercial
and I-3 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 attempt to address the comments of the Mountain View Fire Protection
District, as stated in the referral response dated October 13, 2015. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Mountain
View Fire Protection District)
C. There are existing trees and some storage that may be located within the 90-foot Right-of-
Way for the Bull Canal. The applicant shall provide written permission for any storage, trees
or improvements within the Bull Canal right-of-way. (Department of Planning Services)
PUDZ15-0001— PKE Investments Page 5
D. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ15-0001. (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. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E of
the Weld County Code. (Department of Planning Services)
4. All recorded easements and right-of-way shall be shall be shown and
dimensioned on the Change of Zone plat along with the recorded document
reception number and date. (Department of Planning Services, Department of
Public Works)
5. Show the approved Colorado Department of Transportation (CDOT) access on
the site plan and label with the approved access permit number if applicable.
(Department of Planning Services- Engineer)
6. Show and label the Geologic Hazard Area on the site plan. (Department of
Planning Services-Engineer)
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 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 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. (Department of Planning Services)
2. The Bulk Standards Requirement as delineated in Section 23-3-160, Table 23.4,
for C-3 (Busines Commercial) and 1-3 (Industrial) Zone Districts. (Department of
Planning Services)
3. Water service shall be obtained from the Central Weld County Water District.
(Department of Public Health and Environment)
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 the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. (Department
of Public Health and Environment)
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. (Department of Public Health and
Environment)
PUDZ15-0001— PKE Investments Page 6
6. The site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Planning Services- Engineer)
7. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized. (Department of Public Works)
8. The historical flow patterns and runoff amounts will be maintained on the site.
(Department of Planning Services-Engineer)
9. Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Planning Services-Engineer)
10. This property lies within a known Geologic Hazard Area as defined by the
Colorado Geological Survey. (Department of Planning Services-Engineer)
11. All signs including entrance signs shall require building permits. (Department of
Planning Services)
12. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code
and requirements of the service providers. (Department of Planning Services)
13. 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. (Department of Building Inspection. (Department of Building
Inspection (Department of Building Inspection)
14. 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)
15. 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)
16. 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)
17. 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
PUDZ15-0001— PKE Investments Page 7
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)
18. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
2. Prior to recording the change 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). (Department of Planning Services)
B. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should
the plat not be recorded within the required thirty (30)days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge may be added
for each additional 3 month period. (Department of Planning Services)
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. (Department of Planning Services)
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 applicants
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). (Department of Planning Services)
PUDZ15-0001— PKE Investments Page 8
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970) 304-6498
r
December 07, 2015
ERBY PHIL
30081 CR 25
GREELEY, CO 80631
Subject: PUDZ15-0001 - A Planned Unit Development Change of Zone request to rezone a portion of
Lot 1 Althen Boyer Planned Unit Development from the A(Agricultural)Zone District to the Planned Unit
Development with C-3 (Business Commercial)Zone District.
On parcel(s)of land described as:
LOT 1 ALTHEN-BOYER COMMERCIAL UNIT DEV & PART SW4 SECTION 23, TIN, R68W OF THE
6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 5, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 3, 2016
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
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.weldcou ntyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
DReason:ally signed y Kristine Ranslem
Reason:I am the author of this document
Date:2015.12.07 14:50:52-0700'
Chris Gathman
Planner
Vs. N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
�� �. E-MAIL: cgathman@co.weld.co.us
�j, PHONE: (970)353-6100, Ext. 3537
C X ? FAX: (970)304-6498
October 02, 2015
ERBY PHIL
30081 CR 25
GREELEY, CO 80631
Subject: PUDZ15-0001 - A Planned Unit Development Change of Zone request to rezone a portion of
Lot 1 Althen Boyer Planned Unit Development from the A(Agricultural)Zone District to the Planned Unit
Development with C-3(Business Commercial)Zone District.
On parcel(s)of land described as:
LOT 1 ALTHEN-BOYER COMMERCIAL UNIT DEV & PT SW4 SECTION 23, T1 N, 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 Commission(s)for their review and comments:
Erie at Phone Number 303-926-2700
Dacono at Phone Number 303-833-2317
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
/; Digitally signed by Kristine Ranslem
/C Reason:l am the author of this document
L t' Date:2015.10.02 08:48:43-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 12/21/2015
APPLICANT: PKE Investments
CASE #: PUDZ15-0001
REQUEST: A Planned Unit Development Change of Zone Request to Rezone Lot 1 Althen Boyer
Planned Unit Development and Part of the SW4 of Section 23 T1N R68W from the C-3
(Business Commercial)and A(Agricultural)Zone District to Planned Unit Development with
C-3 (Business Commercial)and 1-3 (Industrial)Zone District Uses.
LEGAL: Lot 1 of Althen-Boyer Commercial Unit Development& Part of the SW4 of Section 23
Ti N R68W of the 6th PM, Weld County, Colorado
LOCATION: Approximately 1,100 feet north of County Road 6 and east of and adjacent to the East
Interstate 25 Frontage Road.
PARCEL ID #s: 146723000081
ACRES: +/- 3.36 acres
Zoning Land Use
N A N Farmground/undeveloped
E A E Undeveloped/Oil and Gas production facility
S A S Commercial/Industrial Uses
W A W Interstate 25 — Commercial Use — Trucking Facility
COMMENTS:
Existing building and fence on property.
C_
Chris Gathman - Planner III
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