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BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford. 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. PUDZ15-0001
APPLICANT PKE INVESTMENTS LIMITED PARTNERSHIP
PLANNER. CHRIS GATHMAN
REQUEST A PLANNED UNIT DEVELOPMENT CHANGE OF ZONE REQUEST TO REZONE
LOT 1 ALTHEN BOYER PLANNED UNIT DEVELOPMENT 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 DESCRIPTION LOT 1 ALTHEN-BOYER COMMERCIAL UNIT DEV & PART SW4 SECTION 23.
Ti N. R68W OF THE 6TH P M . . WELD COUNTY COLORADO.
LOCATION . APPROXIMATELY 1 . 100 FEET NORTH OF CR 6 AND EAST OF AND
ADJACENT TO THE EAST 1-25 FRONTAGE ROAD
be recommended favorably to the Board of County Commissioners 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.
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 II, Chapter 27
of the Weld County Code.
EXHIBIT
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RESOLUTION PUDZ15-0001
PKE INVESTMENTS LIMITED PARTNERSHIP
PAGE 2
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.
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 (COOT) .
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.
RESOLUTION PUDZ15-0001
PKE INVESTMENTS LIMITED PARTNERSHIP
PAGE 3
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. 6.8. 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)
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 (COOT) 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)
RESOLUTION PUDZ15-0001
PKE INVESTMENTS LIMITED PARTNERSHIP
PAGE 4
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 (Business 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 OVVTS 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)
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. 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 . (Department of Public Works)
9. The historical flow patterns and runoff amounts will be maintained on the site.
(Department of Planning Services-Engineer)
10. Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Planning Services-Engineer)
11 . This property lies within a known Geologic Hazard Area as defined by the Colorado
Geological Survey. (Department of Planning Services-Engineer)
12 . All signs including entrance signs shall require building permits. (Department of
Planning Services)
13. 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)
RESOLUTION PUDZ15-0001
PKE INVESTMENTS LIMITED PARTNERSHIP
PAGE 5
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. (Department of Building Inspection. (Department of Building Inspection
(Department of Building Inspection)
15. 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)
16. 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)
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. (Department of
Planning Services)
18. 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)
19. 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)
RESOLUTION PUDZ15-0001
PKE INVESTMENTS LIMITED PARTNERSHIP
PAGE 6
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)
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 January 5. 2016.
Dated the 5th of January, 2016
Digitally signed by Kristine Ranslem
06bbnt_d gfranattivu Date: 2016.01 .08 13:39:42 -07'00'
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 5. 2016
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,
Jordan Jemiola . at 12: 30 pm.
Roll Call.
Present: Benjamin Hansford . Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services: Jennifer
Petrik, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell ,
Department of Health : Bob Choate. County Attorney, and Kris Ranslem. Secretary
Motion: Approve the December 1 . 2015 Weld County Planning Commission minutes, Moved by Joyce
Smock. Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER PUDZ15-0001
APPLICANT PKE INVESTMENTS LIMITED PARTNERSHIP
PLANNER_ CHRIS GATHMAN
REQUEST A PLANNED UNIT DEVELOPMENT CHANGE OF ZONE REQUEST TO
REZONE LOT 1 ALTHEN BOYER PLANNED UNIT DEVELOPMENT 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 DESCRIPTION - LOT 1 ALTHEN-BOYER COMMERCIAL UNIT DEV & PART SW4 SECTION 23.
T1 N . R68W OF THE 6TH P M . WELD COUNTY, COLORADO.
LOCATION APPROXIMATELY 1 , 100 FEET NORTH OF CR 6 AND EAST OF AND
ADJACENT TO THE EAST 1-25 FRONTAGE ROAD
Chris Gathman, Planning Services. presented Case PUDZ15-0001 , reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application along with the conditions of approval.
Jennifer Petrik, Engineering , reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik noted that their standard weed note was inadvertently missed in this
staff report and requested that it be added . She recommended the language to read "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.
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on-site
dust control, and the Waste Handling Plan.
Mark Taylor. Alles, Taylor and Duke. 3610 35'h Avenue. Evans, Colorado, stated that he is here for any
questions
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 referred to staff's recommendation of adding an additional note_
Motion : Add a Condition of Approval, as stated by staff. Moved by Benjamin Hansford, Seconded by
Bruce Johnson .
Vote: Motion carried by unanimous roll call vote (summary : Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wailes. Nick Berryman. Terry Cross.
EXHIBIT
2 13
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The Chair asked the applicant if they have read through the amended 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 PUDZ15-0001 to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Benjamin Hansford , Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes : Benjamin Hansford, Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola. Joyce Smock,
Michael Wailes. Nick Berryman , Terry Cross.
Meeting adjourned at 2:04 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
43zlf Date: 2016.01 .08 13:38:26 -07'00'
Kristine Ranslem
Secretary
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