HomeMy WebLinkAbout20053067.tiff HEARING CERTIFICATION
DOCKET NO. 2005-70
RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL
PLAN,PF#1059,FOR ONE(1)LOT WITH C-3(BUSINESS COMMERCIAL)ZONE USES
IN THE MIXED USE DEVELOPMENT(MUD) AREA-APPLIED FILMS CORPORATION
A public hearing was conducted on October 5, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny VanEgdom
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Pam Smith
Public Works representative, Peter Schei
Public Works representative, Robert Jacobs
The following business was transacted:
I hereby certify that pursuant to a notice dated September 16, 2005, and duly published
September 21, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Applied Films Corporation for a Site Specific Development Plan and Planned Unit
Development Final Plan, PF#1059, for one (1) lot with C-3(Business Commercial)Zone uses in
the Mixed Use Development(MUD)area. Lee Morrison,Assistant County Attorney, made this a
matter of record. ChairJerke advised the applicant's representative,Anne Johnson,that she has
the option of continuing this matter to a date when the full Board will be present. However, if she
decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Long will listen to the record and make the determining vote. Ms.Johnson indicated
the applicant would like to proceed today.
Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. She
gave a brief description of the location of the site, which is within the boundaries of the
Intergovernmental Agreement(IGA)boundary with the Town of Firestone. She stated staff received
a Letter from Lawrence Firestone, Chief Financial Officer for Applied Films Corporation, dated
August 23,2005,detailing the applicant's attempts to obtain an annexation agreement with the Town
of Firestone. She requested deletion of paragraphs 2.a.1 and 2c of the draft resolution, and
Condition of Approval#1C which requires an approved/accepted annexation agreement with the
Town of Firestone. She further stated staff has received referrals from the Town of Firestone with
the Change of Zone application and for the Final Application,and the Town of Firestone requested
an annexation agreement in both referrals. Ms. Hatch submitted an email from Bruce Nickerson,
Town of Firestone Planner,into the record,marked as Exhibit E,stating an annexation agreement
with Applied Films is still desired. She further stated Mr. Nickerson notified staff that he would be
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unable to attend the hearing.
Commissioner Vaad stated the applicant provided evidence that correspondence was sent to the
Town of Firestone,with no response. Responding to Commissioner Vaad,Mr.Morrison stated the
Town of Firestone has not made any progress with annexation plans;therefore Applied Films is not
procluded from proceeding to gain approval through the County. He stated the Town of Firestone
recently submitted a draft Annexation Agreement after several years,and the whole matter has not
been a fast-moving process. Responding to Commissioner Vaad, Mr. Morrison stated the
agreement will be satisfied if an annexation agreement is completed to annex in the future. He
further stated he believes it is the policy of the Town of Firestone to only propose current
annexations, and not future annexations. Responding to Chair Jerke, Ms. Hatch stated the Town
of Frederick submitted a referral, and had no comments or concerns regarding the application.
Pam Smith, Department of Public Health and Environment,stated the existing house on the property
is served by a septic system. She stated the application contains language concerning connection
to the Saint Vrain Sanitation District at the time of development for commercial use or failure of
current system. Ms. Smith stated she has completed a site inspection, and the house was
occupied at the time; however, the site visit was completed before the Change of Zone hearing.
Peter Schei, Department of Public Works, stated staff has no specific requirements since specific
development has not yet been proposed for the site; however,staff will indicate requirements in the
future, upon development. Responding to Chair Jerke, Mr.Schei stated the property is accessed
from the 1-25 Frontage Road.
Anne Johnson, Todd Hodges Design, LLC, represented the applicant and stated the Town of
Frederick previously approached the applicant for annexation;however,the applicant desired to be
respectful of the IGA boundaries for the Town of Firestone. She stated the applicant would like to
request all references to reaching an annexation agreement with the Town of Firestone to be erased
from Staff Comments, specifically paragraphs 2.a.1 and 2.c of the draft resolution, Condition of
Approval#1 C. She further stated the request is due to a lack of good faith by the Town of Firestone
to provide an annexation agreement in a timely manner. Ms.Johnson stated the applicant applied
for annexation with the Town of Firestone on December 24,2002;however,a phone call regarding
the status of the application was not returned until June, 2003. She stated the applicant was
advised at that time that contiguity could not be reasonably met, unless the properties to the north
of the site were forced to annex. Ms.Johnson stated the applicant conferred with Weld County legal
staff, and applied for the Sketch Plan, Change of Zone, and Final Plat through Weld County. She
further stated several requests for an annexation agreement were sent to the Town of Firestone
during the process, without response. She stated a letter dated August 2, 2005 was sent to the
Town of Firestone,with language that stated if an agreement was not received by August 15,2005,
it would be understood that the Town of Firestone was no longer interested in pursuing an
annexation agreement with Applied Films Corporation, and the applicant would proceed with the
Final Plat through Weld County.
Ms.Johnson stated a planner for the Town of Firestone was contacted,and the planner stated she
could not make the determination to erase the abovementioned references,or determine whether
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the Town of Firestone had negated its ability to execute an annexation agreement. Ms. Johnson
further stated an annexation agreement was received from the Town of Firestone two weeks ago,
which the applicant has not had time to review. She stated due to the timing, the applicant would
like to delete Condition of Approval #1 C; however, it would be acceptable to make Condition of
Approval#1C contingent on submitting the Site Plan application. In response to Commissioner
Geile, Ms.Johnson stated she believed an annexation agreement may be entered into,even though
complexities surrounding the property still exist. Further responding to Commissioner Geile, Ms.
Johnson stated it is the intent of the applicant to annex to the Town of Firestone when the
opportunity is available;however,the applicant does not want to create a situation which forces the
surrounding properties to annex to the Town of Firestone. Commissioner Geile read
Section 19-2-70.A of the Weld County Code into the record, and stated a disconnected satellite
property would be created if the applicant were to annex to the Town of Firestone. Responding to
Commissioner Vaad, Ms. Johnson stated the Town of Firestone has no plans to annex the
surrounding properties along the 1-25 Frontage Road.
Commissioner Geile stated Condition of Approval #1C does not preempt the applicant from
annexing to the Town of Firestone. In response to Commissioner Geile, Ms. Johnson stated the
applicant will be happy to consider annexation when the contiguity issue with surrounding properties
is resolved. Responding to Commissioner Vaad, Ms. Johnson stated the Town of Firestone has
control of Weld County Road 22,and the Colorado Department of Transportation has control of the
1-25 Frontage Road. In response to Commissioner Geile, Mr. Morrison stated the Town of Firestone
cannot force annexation until the property is surrounded. Further responding to Commissioner
Geile, Mr. Morrison stated the municipality's remedy would be an appeal of the Board's action,
should they believe an action is inconsistent with the IGA. Mr.Morrison further stated the previously
referenced Section concerns the duties of the municipality towards annexing;however,the portion
cited is not in the provision for development in the Urban Growth Area, which is the basis for
Condition of Approval#1 C. He stated history indicates the applicant did not receive a response from
the Town of Firestone,therefore,Weld County became involved. He stated an applicant cannot be
put in a complete bind by inaction of a municipality. Responding to Commissioner Geile, Ms.
Johnson stated Applied Films employees 32 people at the United States headquarters, and the
company creates films that apply to electronics, computers, calculators, cell phones, etcetera.
Commissioner Vaad stated the property is undeveloped,and the applicant is not obligated to divulge
its expansion plans.
No public testimony was offered concerning this matter.
Responding to Chair Jerke, Ms.Johnson stated she and the applicant have reviewed and concur
with the Conditions of Approval and Development Standards as proposed and modified.
Responding to Commissioner Vaad,Mr.Morrison stated Mr. Nickerson's email is making reference
to an appeal of the Board's decision if Condition of Approval#1 C is waived. He further stated an
agreement which provides for future annexation may be considered as part of the Condition#1 C.
Commissioner Vaad stated it is impossible to determine if the proposal is satisfactory to the Town
of Firestone, as no representative is present; however, the proposal seems consistent with the
previously expressed concerns of the Town of Firestone regarding annexation. Mr.Morrison stated
the proposed agreement, marked as Exhibit F,states the owner shall apply for, and consent to,the
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annexation when requested in writing,so long as the property is eligible for annexation. He further
stated the request will not be made for four years, unless sooner permitted pursuant to paragraph
five of the agreement. Mr. Morrison summarized the agreement is not requiring the applicant to
annex currently. Chair Jerke stated the County's position regarding an IGA is not to abdicate the
land use authority. He stated IGA boundaries were created to steer urban growth towards
municipalities whenever possible, and the County is happy to see developments receive municipal
services. ChairJerke stated that regardless of an IGA boundary,the County should do what is best
for the property owner, since the applicant has acted in good faith. In response to Commissioner
Vaad,Mr.Morrison clarified the annexation agreement was sent by Mr. Nickerson,on behalf of the
Town of Firestone, and possibly drafted Sam Light, counsel for the Town of Firestone. Further
responding to Commissioner Vaad, Mr. Morrison stated the applicant came before the County
because the Town of Firestone was not responding in a timely manner. He further stated he
understood that the applicant would consider annexation; however,the applicant did not state the
position was correct to accept annexation.
Commissioner Geile read Sections 19-2-60.C.7, and 19-2-70.A, of the Weld County Code, and
stated the applicant has done everything possible to annex to the Town of Firestone; however,the
Town of Firestone has not responded effectively,which means the Town of Firestone is in violation
of Section 19-2-70. Mr. Morrison stated provision for the agreement is derived from Section 19-2-
60.C, requiring an agreement where possible in an Urban Growth Area. Commissioner Geile stated
he believes the applicant has worked in good faith, and an agreement has not been reached.
Commissioner Masden stated he believes the applicant has been diligent, and has worked with the
Town of Firestone in good faith, therefore the Board should take action. (Changed to
Tape#2005-37)
Commissioner Geile moved to approve the request of Applied Films Corporation for a Site Specific
Development Plan and Planned Unit Development Final Plan, PF#1059, for one (1) lot with C-3
(Business Commercial) Zone uses in the Mixed Use Development (MUD) area, based on the
recommendations of the Planning staff,with the Conditions of Approval as entered into the record.
The motion was seconded by Commissioner Masden. Responding to Commissioner Vaad, Ms.
Hatch stated the draft resolution includes Condition of Approval#1C, which states the applicant
must submit a copy of an approved annexation agreement. Commissioner Geile stated removal
of Condition of Approval#1C was included in his motion,and Commissioner Masden agreed. There
being no further discussion, the motion carried unanimously.
Commissioner Geile stated the County needs to work with businesses and help them develop their
business plans,since it is critical to the job and investment situations in the area. ChairJerke stated
government needs to be helpful, and not a hindrance.
Commissioner Vaad requested immediate reconsideration,and stated the applicant stated prior to
filing of the Final Site Plan, the applicant will try to reach an annexation agreement. He stated the
County's desire is to help the Town of Firestone reach it's legitimate ends, without harming the
applicant. He stated it is possible the Town of Firestone may never be able to annex the property,
as only 3/4 of the property could ever be surrounded by the Town of Firestone. Chair Jerke stated
an affirmative vote of three members of the Board is required to reconsider,and he did not find any
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reasonable need for reconsideration,as the applicant has the option in the future to seek annexation
with either municipality. Commissioner Vaad stated the record will show there was a presentation
of an agreement, and no conclusion was offered to the agreement. Commissioner Geile stated the
Town of Firestone will still have time to reach an agreement with the applicant. Mr. Morrison stated
the applicant suggested including the annexation issue at the time of the Site Plan, when both
parties would know how the property was going to be used. He stated the approved Resolution has
essentially provided the property to be exempt of the effects of an IGA. Commissioner Geile stated
he believes the Conditions of the IGA have been fulfilled. Commissioner Masden stated he believes
the applicant has been diligent to work out an annexation agreement with the Town of Firestone,and
was not able to come to a conclusion; therefore, the Board has jurisdiction over the decision.
There being no further discussion, the hearing was completed at 10:55 a.m.
This Certification was approved on the 10th day of October 2005.
APPROVED:
E La`� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: <;��,•l1/42 EXCUSED D TE OF APPROVAL
William H. ke, Chair
Weld County Clerk to t
BY: Cl �Yam �C�
. J. Geile, Pro-Tem
D u Cler o the Board EXCUSED
David E. Long
TAPE #2005-36 and #2005-37 EXCUSED DATE OF PPROVAL
Ro;pi; Maiden
DOCKET#2005-70 U`/,�gfrr
Glenn Vaad
2005-3067
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EXHIBIT INVENTORY CONTROL SHEET
Case PF #1059 -APPLIED FILMS CORPORATION
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Applicant Letter re: Removal of Condition of Approval
re: Annexation Agreement with Town of
Firestone (09/13/2005)
C. Kerr-McGee Rocky Mountain Corp Letter of Opposition (10/04/2005)
D. Planning Staff Affidavit of Posting
E. Town of Firestone Email dated October 4, 2005
F. Town of Firestone Draft Annexation Agreement
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF OCTOBER, 2005:
DOCKET#2005-70 - PF #1059, Applied Films Corporation, c/o Todd Hodges Design, LLC
DOCKET#2005-68- PZ#1066, Mikal Torgerson
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