HomeMy WebLinkAbout20052798.tiff RESOLUTION
RE: GRANTSITE 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
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 5th day of October,2005, at 10:00 a.m.for the
purpose of hearing the application of Applied Films Corporation, 9586 1-25 Frontage Road East,
Longmont, Colorado, 80504, requesting 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,fora parcel of land located on the following described real
estate, to-wit:
LotA of Recorded Exemption#1009;being part of the
SW1/4 NW1/4 of Section 14, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the applicant was represented at said hearing by Anne Johnson,Todd Hodges
Design, LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, and
WHEREAS,Section 27-7-40 of the Weld County Code provides standards for review of a
Planned Unit Development Final Plan, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations 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 27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.D as follows:
a. Section 27-7-40.D.2.a--The proposal is consistent with Chapters 19,22,23,
24, and 26 of the Weld County Code.
1) Section 22-2-110.B (UGB. Goal 2) states, "Concentrate urban
development in or adjacent to existing municipalities, an approved
intergovernmental agreement,the 1-25 Mixed Use Development area,
urban growth boundary areas, urban development nodes, or where
urban infrastructure is currently available or reasonably obtainable."
The proposed site is designated Employment Center—High Intensity
on the Mixed Use Development(MUD)Structural Land Use Map#2.1,
2005-2798
(.0; J4 AW M.69°) 4,L,Poo PLC f�S-
PUD FINAL PLAN, PF#1059 - APPLIED FILMS CORPORATION
PAGE 2
and is within the boundaries of the Intergovernmental Agreement
(IGA)with the Town of Firestone, Article II, Chapter 19 of the Weld
County Code. The Town of Firestone stated in its referral dated
May 27, 2005, that an annexation agreement pursuant to the IGA
between the County and Firestone is required prior to recording the
final plat; however,the Board finds the applicant has been diligent,
since October 2003, 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.
2) Section 22-2-60.C (A. Goal 3) states, "Provide mechanisms for the
division of land which is agriculturally zoned. Options for division
shall be provided to ensure the continuation of agricultural production
and accommodate low intensity development. Urban-scale
residential, commercial, and industrial development will be
discouraged in areas where adequate services and infrastructure are
not currently available or reasonably obtainable." The applicant is
proposing one Lot with C-3(Business Commercial) uses on five (5)
acres. Currently, there is an existing house on the property that is
served by the Central Weld County Water District and an Individual
Sewage Disposal System. The applicant has provided a copy of a
petition for inclusion into the St.Vrain Sanitation District. At the time
of development, the applicant will be required to show evidence of
inclusion into the St. Vrain Sanitation District and a water tap
connection for commercial uses.
3) Section 22-2-60.6(A.Goal 2)states,"Conversion of agricultural land
to urban scale residential, commercial, and industrial uses will be
considered when the subject site is located inside an approved
Intergovernmental Agreement area, Urban Growth Boundary area,
1-25 Mixed Use Development area or Urban Development nodes,or
where adequate services are currently available or reasonably
obtainable." The proposed site is designated Employment Center—
High Intensity on the Mixed Use Development(MUD)Structural Land
Use Map#2.1, and is within the boundary of the Intergovernmental
Agreement(IGA)for the Town of Firestone. The proposed PUD will
be serviced by the Central Weld County Water District for potable
water and fire protection requirements. The surrounding properties
are primarily commercial and industrial uses to the north and south.
Interstate 25 is located to the west of the site and agricultural uses
exist to the west. Agricultural uses continue to exist to the east of the
site. The site currently has one house and a large barn with corrals
on the property.
b. Section 27-7-40.D.2.b -- The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD(Planned Unit
Development)Zone District contained in Chapter 27,Article II, of the Weld
2005-2798
PL1750
PUD FINAL PLAN, PF#1059 - APPLIED FILMS CORPORATION
PAGE 3
County Code. The applicant has chosen to adhere to the bulk requirements
of the C-3(Business Commercial)Zone District. A Site Plan Review will be
required prior to any commercial use occurring on the property. The intent
of the Site Plan Review is to"provide present and future residents and users
of land in the County a means whereby orderly and harmonious development
is ensured in the County. The Site Plan Review process requires additional
consideration to ensure that the uses permitted are established and operated
in a manner that is compatible with existing and planned land uses in the
neighborhood. Site Plan Reviews are designed to protect and promote the
health, safety, convenience, and general welfare of the present and future
residents of the County." Items addressed through the Site Plan Review
include, but are not limited to, number of employees, building construction,
signage, landscape treatment, drainage, parking, outside storage, loading
services areas and environmental criteria. The Site Plan Review will ensure
compatibility with surrounding land uses.
c. Section 27-7-40.D.2.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 projected by
Chapter 22 of the Weld County Code or master plans of affected
municipalities. The proposed site is designated Employment Center—High
Intensity for the Mixed Use Development(MUD)Structural Land Use Map
#2.1, and is within the boundary of the Intergovernmental Agreement(IGA)
for the Town of Firestone, Chapter 19,Article II, of the Weld County Code.
The Town of Firestone stated in its referral dated May 27, 2005, that an
annexation agreement pursuant to the IGA between the County and Firestone
is required; however,the Board finds the applicant has been diligent, since
October 2003, 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. The surrounding properties are primarily
commercial, and industrial developments exist to the north and south.
Interstate 25 is located to the west of the site,followed by agricultural uses,
and agricultural uses continue to exist to the east of the site. Granting this
PUD(Planned Unit Development) Final Plan will have a minimal impact on
the surrounding land uses.
d. Section 27-7-40.D.2.d --Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the Performance Standards in Chapter27,Article II, of the
Weld County Code. The proposed PUD will be serviced by Central Weld
County Water District for potable water and fire protection requirements.
Individual Sewage Disposal Systems will handle the effluent flow for the
existing use. The application has petitioned for inclusion into the St. Vrain
Sanitation District. At the time of development,the Site Plan Review process
will require the utilization of the public sanitation provider.
2005-2798
PL1750
PUD FINAL PLAN, PF#1059 -APPLIED FILMS CORPORATION
PAGE 4
e. Section 27-7-40.D.2.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
(Planned Unit Development)Zone District. The Weld County Department of
Public Works reviewed this request and indicated no development is
proposed at this time. At the time of the Site Plan Review,the Department
of Public Works will require a Private and Public Improvements Agreement
According to Policy Regarding Collateral for Improvements;stamped,signed
and dated final roadway/construction and grading plan drawings, final
drainage construction plans, and possibly a traffic study report.
f. Section 27-7-40.D.2.f— In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation sections of Chapters 22,24 and 26,
of the Weld County Code, if applicable. The Colorado Department of
Transportation (CDOT), in its referral dated September 7, 2004, had no
comments at the time of Change of Zone;however,it wanted to be informed
of future development. The Colorado Department of Transportation, in its
referral dated May 5, 2005, had no additional comments.
g. Section 27-7-40.D.2.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 Weld County Department of Public Works stated a final
drainage report and construction plans, conforming to the drainage report,
shall be required at the time of the Development/Site Plan application.
h. Section 27-7-40.D.2.h--The proposed PUD Final Plan uses are compatible
with the criteria listed in the development guide.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Applied Films Corporation fora 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,on the above referenced parcel
of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the final plat:
A. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
received June 9,2005. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the Mountain
View Fire Protection District,as stated in the referral response dated May 18,
2005-2798
PL1750
PUD FINAL PLAN, PF#1059 -APPLIED FILMS CORPORATION
PAGE 5
2005. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
C. The applicant shall submit an application for a Non-Conforming Use(NCU)
to the Department of Planning Services for the existing home on the property.
D. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site,or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes can be delineated on the plat in accordance
with the State requirements as an attempt to mitigate concerns. The plat
shall be amended to include any possible future drilling sites.
E. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PF #1059.
2) The applicant shall adhere to the plat requirements in preparation of
the Final Plat. The vicinity map shall be delineated at a scale of
1"=2000'and the Site Plan shall be delineated at a scale of 1"=100'
or 1"=200'.
3) The Weld County's Right to Farm statement,Appendix 22-E,shall be
placed on the plat.
4) Easements shall be shown in accordance with County standards
and/or Utilities Coordinating Advisory Board recommendations,and
dimensioned on the Final Plat.
2. The Final Plat is conditional upon the following and that each shall be placed on the
Final plat as notes prior to recording:
A. The Site Specific Development Plan and Planned Unit Development Final
Plan, PF #1059, is for one (1) lot with C-3 (Business Commercial) Zone
uses in the Mixed Use Development (MUD) Area, as indicated in the
application materials on file and subject to and governed by the Conditions
of Approval stated hereon and all applicable Weld County regulations.
B. At the time the commercial lot is proposed for development, a Site Plan
Review application,meeting the criteria of Section 23-2-160 and Chapter 26
of the Weld County Code,shall be submitted to the Department of Planning
Services for review and approval prior to any on-site construction
commencing.
C. At the time of the Site Plan Review,the applicant shall either submit a copy
of an agreement with the property's mineral owner/operators stipulating that
2005-2798
PL1750
PUD FINAL PLAN, PF#1059 -APPLIED FILMS CORPORATION
PAGE 6
the oil and gas activities have been adequately incorporated into the design
of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can
be delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
D. Water service shall be obtained from the Central Weld County Water
District.
E. This subdivision is not currently served by a municipal sanitary sewer
system. The St. Vrain Sanitation District shall be utilized at the time of
development. The existing Individual Sewage Disposal System permit
#G19879028 shall be vacated in compliance with the Weld County
Department of Public Health and Environment requirements. If the individual
septic system fails prior to development, the applicant may be required to
connect to the St.Vrain Sanitation District. All septic systems located on the
property shall be properly abandoned in accordance with Section 30-4-20.D
of the Weld County Code.
F. The existing home and barn shall be converted to accessory commercial
uses or be removed at the time of construction.
G. All liquid and solid wastes as defined in the Solid Wastes Disposal Sites and
Facilities Act,Section 30-20-100.5,C.R.S.,shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
H. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S.
Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust,blowing debris,and other potential nuisance conditions.
J. Fugitive dust shall be controlled on this site.
K. This facility shall adhere to the maximum permissible noise levels allowed
in the Industrial Zone District as delineated in Section 25-12-103, C.R.S.
L. The property owner shall be responsible for replacing all dead or dying plant
material in the open space areas.
M. Weld County's Right to Farm statement, as delineated on this plat, shall be
recognized at all times.
2005-2798
PL1750
PUD FINAL PLAN, PF#1059 -APPLIED FILMS CORPORATION
PAGE 7
N. All signs, including entrance signs,shall require building permits.Signs shall
adhere to Section 23-4-80 of the Weld County Code. These requirements
shall apply to all temporary and permanent signs.
O. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code.
P. Building permits shall be obtained prior to the construction of any building or
structure. Building permits are also required for signs and structures such
as bus shelters, if provided.
Q. Activities,such as permanent landscaping,structures,dirt mounds or other
items, are expressly prohibited in the Septic Absorption Field site.
R. A plan review is required for each building. Plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
S. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of the permit application. Current adopted codes include
the 2003 International Building Code,2003 International Residential Code,
2003 International Mechanical Code,2003 International Plumbing Code,2002
National Electrical Code, and Chapter 29 of the Weld County Code.
T. Each building will require an engineered foundation based on a Site Specific
Geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a
Colorado registered engineer.
U. Building height,wall and opening protection,and separation of buildings with
mixed uses shall be in accordance with the Building Code in effect at the
time of the permit application. Setback and offset distances shall be
determined by the Weld County Code.
V. Building height shall be measured in accordance with the applicable building
code for the purpose of determining the maximum building size and height
for various uses and types of construction and to determine compliance with
the Bulk Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter23 of the Weld County
Code in order to determine compliance with offset and setback
requirements. Off-set and setback requirements are measured to the
farthest projection from the building.
W. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
2005-2798
PL1750
PUD FINAL PLAN, PF #1059 -APPLIED FILMS CORPORATION
PAGE 8
X. The property owner shall be responsible for complying with Chapter 27 and
Chapter 26, Article VIII, of the Weld County Code.
Y. The property owner shall be responsible for complying with the criteria of
Chapter 26 of the Weld County Code.
Z. Weld County Government personnel 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 stated herein and all
applicable Weld County regulations.
AA.The site shall maintain compliance at all times with the requirements of the
Weld County Departments of Public Works, Public Health and Environment,
and Planning Services, and adopted Weld County Code and policies.
BB.The property owner is responsible for liability insurance, taxes and
maintenance of open space, streets, private utilities and other facilities.
CC. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
DD. The site shall maintain compliance with the Mountain View Fire Protection
District at all times.
EE.Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
FF. The surface agreement for mineral rights on the site limits the drilling of oil
and gas wells to a specific location, and the applicant has agreed that no
waivers will be signed that allow drilling of wells in any other location.
GG. Section 27-8-70 of the Weld County Code-Failure to Commence a Planned
Unit Development Final Plan -- "If no construction has begun or no use
established in the PUD within one(1)year of the date of the approval of the
PUD Final Plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the
PUD Final Plan has not been abandoned and that the applicant possesses
the willingness and ability to continue the PUD. The Board may extend the
date for initiation of the PUD construction and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the Board
determines that conditions supporting the original approval of the PUD Final
Plan have changed,or that the landowner cannot implement the PUD Final
Plan,the Board may, after a public hearing, revoke the PUD Final Plan and
order the recorded PUD Plan vacated."
2005-2798
PL1750
PUD FINAL PLAN, PF#1059 -APPLIED FILMS CORPORATION
PAGE 9
HH. Section 27-8-80.A of the Weld County Code - Failure to Comply with the
PUD Final Plan--"The Board of County Commissioners may serve written
notice upon such organization or upon the owners or residents of the PUD
setting forth that the organization has failed to comply with the PUD Final
Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty(30)days thereof. A hearing shall be held
by the Board within fifteen (15)days of the issuance of such notice, setting
forth the item, date, and place of the hearing. The Board may modify the
terms of the original notice as to deficiencies and may give an extension of
time within which they shall be rectified."
II. Section 27-8-80.6 of the Weld County Code -- "Any PUD Zone District
approved in a Final Plan shall be considered as being in compliance with
Chapter 24 of the Weld County Code and Section 30-28-101, C.R.S."
JJ. No development activity shall commence, nor shall any building permits be
issued on the property,until the Final Plan has been approved and recorded.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit two(2) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies,the applicant
shall submit a Mylar plat,along with all other documentation required as Conditions
of Approval. The Mylarplat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 27-9-20 of the Weld County Code.
The Mylarplat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioner's Resolution. The applicant
shall be responsible for paying the recording fee.
4. 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 of
the Board of County Commissioner's Resolution, a$50.00 recording continuance
charge shall be added for each additional three (3) month period.
5. 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).
6. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit
Development Final Plan--"If a Final Plan plat has not been recorded within one(1)
year of the date of the approval of the PUD Final Plan, or within a date specified by
the Board of County Commissioners, the Board may require the landowner to
appear before it and present evidence substantiating that the PUD Final Plan has not
been abandoned and that the applicant possesses the willingness and ability to
record the PUD Final Plan plat. The Board may extend the date for recording the
2005-2798
PL1750
PUD FINAL PLAN, PF #1059 -APPLIED FILMS CORPORATION
PAGE 10
plat. If the Board determines that conditions supporting the original approval of the
PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the
PUD Final Plan."
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
ada� ELD COUNTY, COLORADO
ATTEST: kJ , f' y�. �,.1 %, f
liam H. Je : , Chair
Weld County Clerk to the Cis
L.
tdib / M. J. -eile, Pro-Tem
BY:
D puty C rk to the 43o': d EXCUSED
D vi
WDAPPROV AS TO.fQRI�:�-
Robe . Masden
oun Attorney G�—
Glenn Vaad
Date of signature: i2 c 10
2005-2798
PL1750
Hello