HomeMy WebLinkAbout20052799.tiff ‘Ittft*H>, MEMORANDUM
TO:
DATE: BoAuard of County ust 27, 2005 Commissioners
COLORADO 9
FROM: Jacqueline Hatch, Planner II
SUBJECT: Applied Films PF-1059
The Department of Planning Services have received the attached letter dated August 23, 2005
from Lawrence Firestone Chief Financial Officer for Applied Films requesting that the Board of
County Commissioners resolve the intent of 2.A.1, Item 2C of the Development Standards and
Item 1C of the Conditions of Approval of the staff comments.
Item 2.A.1
Section 22-2-90.8.1 (UGB.Goal 2) states, "Concentrate urban development in or adjacent to
existing municipalities or the 1-25 Mixed Use Development area and maintain urban growth
boundary areas that provide an official designation between future urban and non-urban uses."
The proposed site is designated Employment Center — High Intensity on the Mixed Use
Development (MUD) Area Structural Land Use Map #2.1, and is within the boundaries of the
Inter-Governmental Agreement (IGA) boundary with the Town of Firestone, Article II, Chapter
19 of the Weld County Code. The Town of Firestone stated in their 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.
Item 2C
Section 27-7-40.C.3 --That the uses which would 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) Area Structural Land Use Map #2.1, and is
within the boundaries of the Inter-Governmental Agreement (IGA) boundary with the Town of
Firestone, Article II, Chapter 19 of the Weld County Code. The Town of Firestone stated in their
referral dated May 27, 2005 that an annexation agreement pursuant to the IGA between the
County and Firestone is required. The applicant will provide evidence of an approved/accepted
annexation agreement prior to recording the final plat. The surrounding properties are primarily
commercial and industrial developments to the north and south. Interstate 25 is located to the
west of the site followed by agricultural uses. Agricultural uses continue to exist to the east of
the site. The Department of Planning Services believes that the granting of this PUD Final Plan
will have a minimal impact on the surrounding land uses.
Item 1C
The applicant shall provide the Department of Planning Services with a copy of an
approved/accepted annexation agreement with the Town of Firestone.
The Department of Planning Services has received the attached referrals the Town of Firestone
dated October 5, 2004 from the Change of Zone application and dated May 27, 2005 from the
Final application. Staff has determined that pursuant to the IGA with Firestone an annexation
agreement shall be completed.
2005-2799
RUG-25-2004(lJED) 14: 58 Applied Films (FRX)3036789275 P. 002/008
A 9586 I-25 Frontage Rd. Ste. 200
Longmont, CO 80504 USA
Toiophono [3O3] 774-32OO
Applied Films Fax [3O3] 678-9275
wuwv.eppIIedfl I ms.ca m
August 23,2OO5
Ms.Jacqueline Hatch
Weld County Planning Services
91810th Street
Greeley,CO 80631
RE: Annexation Agreement for Applied Films, property described as Lot A of Recorded
Exemption, RE-1OO9 located in part of the SW4 NW4 Section 14, Township 2 North,
Range 68 West of the 6th P.M.,Weld County,Colorado.
Dear Ms.Hatch:
This letter is a formal request to have the Board of County Commissioners hear our final plat to resolve the intent of
meeting Condition Item 2A1,Item 2C and Item 1 C on page 5. Support material is attached to illustrate we have met
the intent ofthe IGA with F restone.
Please see a copy of a letter mailed to the Town of Firestone in August,2OO5 with evidence of the Town's receipt
This was our third attempt to have an Annexation Agreement sent to us since December, 2OO4. Neither our
consultants, Todd Hodges Design, nor Applied Films Corporation have had communication from the Town of
Firestone ngat thug this issue. We provided an option to the Town of Firestone in our last letter. We stated that if
we did not hear from the Town by August 15,2005,that we may proceed with recording our Final Plat with Weld
County. Weld County Planning Services has requested that the final determination that the conditions have been
met be made by the Board of County Commissioners.
Please contact our representatives at Todd Hodges Design,LLC at(97O)613.8556 regarding a date and time of this
hearing.
Sincerely,
Lawrence D.Firestone
Chief Financial Officer
Enclosures: Support documents for Conditions of Approval
Copy: Todd Hodges Design,LLC
Weld County Referral
' April 29, 2005
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Applied Films Corp Case Number PF-1059
Please Reply By May 27, 2005 Planner Jacqueline Hatch
Project Applied Films Corporation, Final Plat PUD with C-3 Business Commercial Uses for 1
one (1) lot 1
Legal Lot A of RE-1009, SW4 NW4 of Section 14, T2N, R68W of the 6th P.M., Weld
County, Colorado.
Location East of and adjacent to CR 9 and 1-25 and approximately Y2 mile north of CR 20
Parcel Number 1313 14 000046
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
•
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Utility Board Hearing (if applicable) May 26, 2005
D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
❑ See attached letter. 1-
own
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Signature P--)n IC VQi``inn TelkIn P °Jewr ' Date Ot t 2()('
Agency Town of Rv tf if F1
:•Weld County Planning Dept. •i91 8 10th Street,Greeley, CO. 80631 •x(970) 353-6100 ext.3540 •:•(970)304-6498 fax
riWeld County y Referral
September 2, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Applied Films Corporation Case Number PZ-1059
Please Reply By September 30, 2004 Planner Jacqueline Hatch
Project Change of Zone from (A)Agricultural to PUD with C-3 Business Commercial Uses
for one (1) lot.
Legal Lot A of RE-1009; SW4 NW4 of Section 14, T2N, R6BW of the 6th P.M., Weld
County, Colorado.
Location East of and adjacent to CR 9 and 1-25 and approximately% mile north of CR 20.
Parcel Number 1313 14 000046
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 19, 2004
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: Aa ° �-y�.f ti(c)t ?Si.."`/ Nb TT.+ /° 6 411,47,:.--,R:?1 " c'°i
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Signature j r 4
Date (' ---. < .2 C'
Agency Y''I l'.(":`a"t'PA/ C:..,..
{Weld County Planning Dept +918 10th Street, Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
Page 1 of 2
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, September 01, 2005 4:12 PM
To: 'bruce@nickersonco.com'
Subject: Applied Films
Bruce,
I just wanted to let you know that the applicants for Applied Films are requesting to go before the Board
of County Commissioners asking for the following.
The Department of Planning Services have received the a letter from Lawrence Firestone Chief
Financial Officer for Applied Films requesting that the Board of County Commissioners resolve the
intent of 2.A.1, Item 2C of the Development Standards and Item 1C of the Conditions of Approval of the
staff comments.
Item 2.A.1
Section 22-2-90.8.1 (UGB.Goal 2) states, "Concentrate urban development in or adjacent to existing
municipalities or the 1-25 Mixed Use Development area and maintain urban growth boundary areas that
provide an official designation between future urban and non-urban uses." The proposed site is
designated Employment Center— High Intensity on the Mixed Use Development (MUD) Area Structural
Land Use Map #2.1, and is within the boundaries of the Inter-Governmental Agreement (IGA) boundary
with the Town of Firestone, Article II, Chapter 19 of the Weld County Code. The Town of Firestone
stated in their 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.
Item 2C
Section 27-7-40.C.3 --That the uses which would 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) Area Structural Land Use Map #2.1, and is within the boundaries of the Inter-
Governmental Agreement (IGA) boundary with the Town of Firestone, Article II, Chapter 19 of the Weld
County Code. The Town of Firestone stated in their referral dated May 27, 2005 that an annexation
agreement pursuant to the IGA between the County and Firestone is required. The applicant will
provide evidence of an approved/accepted annexation agreement prior to recording the final plat. The
surrounding properties are primarily commercial and industrial developments to the north and south.
Interstate 25 is located to the west of the site followed by agricultural uses. Agricultural uses continue
to exist to the east of the site. The Department of Planning Services believes that the granting of this
PUD Final Plan will have a minimal impact on the surrounding land uses.
Item 1C
The applicant shall provide the Department of Planning Services with a copy of an approved/accepted
annexation agreement with the Town of Firestone.
The Department of Planning Services has received referrals from the Town of Firestone dated October
5, 2004 from the Change of Zone application and dated May 27, 2005 from the Final application. Staff
has determined that pursuant to the IGA with Firestone an annexation agreement shall be completed.
The Board of County Commissioners hearing is going to be on October 5,2005 at 10:00 in Greeley. It
would be greatly appreciated if you or a representative for the Town of Firestone was there to state their
case.
If you have any questions please feel free to contact me
09/01/2005
Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Tuesday, August 16, 2005 1:50 PM
To: 'bruce@nickersonco.com'
Subject: Applied Films
Bruce,
Anything on Applied Films yet? They are probably going to ask the Board of County Commissioners to delete the
condition that they need to have an annexation agreement with Firestone. I will let you know when they submit a
letter requesting the Board of County Commissioners to delete that condition so you can come to the hearing.
If you have any questions just let me know
Thanks,
Jacqueline
08/16/2005
9586 I-25 Frontage Rd. Ste. 200
Longmont, CO 80504 USA
Telephone (303) 774-3200
Fax (303) 678-9275
-Applied Films www.appliedfilms.com
August 2,2005
Mr.Bruce Nickerson,Town Planner
Ms.Judy Hegwood,Town Clerk
Town of Firestone
P.O. Box 100
Firestone, Colorado 80520
RE: Annexation Agreement for Applied Films, property described as Lot A of Recorded Exemption, RE-1009
located in the part of the SW4 NW4 Section 14, Township 2 North, Range 68 West of the 6th P.M., Weld County,
Colorado.
Dear Mr.Nickerson and Ms.Hegwood:
On behalf of Applied Films Corporation, I request an Annexation Agreement to be sent to me for my review and
approval. This is the third request for such response. The first request was mailed December 6, 2004. The second
request was mailed via Fed Ex and received by the Town on April 26,2005.
•
The reason for the withdraw of our Annexation application of December 24, 2002 was due to conditions placed
upon the annexation request that cannot be met based upon meeting contiguity requirements.The Intergovernmental
Agreement between the Town of Firestone and Weld County specifies in Section 19-2-70 of the Weld County Code,
"Each MUNICIPALITY will give serious consideration to all petitions for annexation of lands within its Urban
Growth Area and will not decline to annex such properties except for good cause. For the purposes of this Section,
good cause includes without limitation the following: . . . (2) the area is not reasonably contiguous in fact to the
MUNICIPALITY'S existing boundaries and its annexation would result in disconnected municipal satellite." Our
application was not eligible for annexation due to lack of reasonably-attainable contiguity with the result a
disconnected municipal satellite.
We will consider an annexation agreement that stipulates the tinting of such annexation is viable and appropriate
option per State Statute. Please contact my representative, Todd Hodges Design, LLC at (970) 613-8556 with
questions. Please send the proposed Annexation Agreement to my representative, Todd Hodges Design, LLC at
1269 North Cleveland Avenue, Loveland, Colorado 80537 prior to August 15,2005. If an agreement is not received
by this date, we shall assume the Town of Firestone has no interest in pursuing an Annexation Agreement with
Applied Films Corporation. Your timely response to this request is appreciated as your lack of response is
prohibiting our ability to record the Final Plat.We look forward to hearing from you.
Sincerely .,
Lawre e D. Firestone, Chief Financial Officer
Applied Films Corporation
Copy:Todd Hodges Design,LLC
Copy: Lee Morrison,Weld County Attorney's Office
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Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Monday, July 25, 2005 1:24 PM
To: 'bruce@nickersonco.com'
Subject: Applied Films
Bruce,
I was just touching base with you on the Applied Films annexation agreement. How is that going?
Thanks,
Jacqueline
07/25/2005
ragc 1 Vl 1
Jacqueline Hatch
From: Bruce Nickerson [bruce@nickersonco.com]
"Mt: Wednesday,April 27, 2005 11:35 AM
I J: Jacqueline Hatch
Cc: Cheri Andersen
Subject: RE: Applied Films
Jacqueline- We will be sending Applied Films our standard annexation agreement that we use for these
types of situations. The property is in the Firestone Urban Growth Boundary and we understand the
proposal is for urban development. The Town recognizes there may be a need to build contiguity and
address utility issues if the property were to annex. However, those types of issues have been dealt with
in prior agreements and if the project is to proceed in the County, the Town will require an agreement that
will give the Town the authority to annex the property upon request by the Town (unless otherwise
agreed). There may be some other specific provisions that specifically relate to this property as
established by the Town Board, and those will need to be in the agreement. Our view is that, per the IGA,
the agreement does need to be in place prior to recording of entitlements. Please contact me if you have
any other questions. Bruce
Original Message
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Wednesday, April 20, 2005 8:21 AM
To: bnickerson@vauxmont.com
Subject: Applied Films
Bruce,
Good morning
Anne Best Johnson was in our office this morning trying to submit her application for Applied Films Final Plat application.
As a condition of the Change of Zone hearing at the time of submitting for Final "The applicant shall provide written
evidence of a request for an annexation agreement with the Town of Firestone". A representative is going to be sending
you a letter requesting annexation. I have asked that this letter is sent certified so we will know that you did receive the
letter. My question for you is, are you going to request an annexation agreement with Applied Films? Anne mentioned
that the Town of Firestone was requiring that Applied Films force annex other properties so they can be annexed.
Flagpole up the 1-25 frontage road? Any information etc that you may have on this or what you will be requiring would be
GREAT. Are you going to be requesting that at Prior to Recording the Final Plat the applicant enter into an annexation
agreement?
Thanks for your time
Jacqueline
04/27/2005
9586 1-25 Frontage Rd. Ste. 200
Longmont, CO 80504 USA
Telephone (303) 774-3200
Fax (303) 678-9275
'plied Films www.appliedfilms.com
April 22,2005
Mr.Bruce Nickerson,Town Planner
Ms.Judy Hegwood,Town Clerk
Town of Firestone
P.O.Box 100
Firestone,Colorado 80520
RE: Annexation Agreement for Applied Films,property described as Lot A of Recorded Exemption,
RE-1009 located in the part of the SW4 NW4 Section 14, Township 2 North, Range 68 West of the 6th
P.M.,Weld County, Colorado.
Dear Mr.Nickerson and Ms.Hegwood:
On behalf of Applied Films Corporation, I request an Annexation Agreement to be sent to me for my
review and approval. This is the second request for such letter. The first was mailed December 6,2004.
The reason for the withdraw of our Annexation application of December 24,2002 was due to conditions
placed upon the annexation request that cannot be met based upon meeting contiguity requirements. The
Intergovernmental Agreement between the Town of Firestone and Weld County specifies in Section 19-2-
70 of the Weld County Code, "Each MUNICIPALITY will give serious consideration to all petitions for
annexation of lands within its Urban Growth Area and will not decline to annex such properties except for
good cause. For the purposes of this Section, good cause includes without limitation the following: . . .
(2) the area is not reasonably contiguous in fact to the MUNICIPALITY'S existing boundaries and its
annexation would result in disconnected municipal satellite." Our application was not eligible for
annexation due to lack of reasonably-attainable contiguity with the result a disconnected municipal
satellite.
We will consider an annexation agreement through this review process with Weld County to ensure
annexation at the time when annexation is a viable and appropriate option per State Statute. Please
contact my representative, Todd Hodges Design, LLC at(970) 613-8556 with questions. Please send the
proposed Annexation Agreement to my representative, Todd Hodges Design, LLC at 1269 North
Cleveland Avenue,Loveland, Colorado 80537. Your timely response to this request is appreciated.
Sincerely,
La ante D.Firestone, Chief Financial Officer
Applied Films Corporation
Copy: Todd Hodges Design,LLC
- Copy: Lee Morrison,Weld County Attorney's Office
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RU6-25-200d(t'WE0) 15: 59 Applied Films (FAX)3036789275 P. 006/008
Hawkins,Krls(AF Longmont)
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Sent Tuesday,April 26,2005 11:14 AM
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Shipper Information Recipient Information
Kris Hawkins Judy Hegwood
APPLIED FILMS CORPORATION Firestone Town Government Town Hall
9586 I-25 FRONTAGE ROAD 151 Grant Avenue
LONGMONT Firestone
CO CO
US US
80504 80520
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i
a 9586 1-25 Frontage Rd. Ste. 20(
Longmont. CO 80504 USE
Telephone (303) 774-320(
Applied Films Fax (303) 678-927E
www.appliedfilms.con
December 6,2004
Mr.Bruce Nickerson,Town Planner
Ms.Judy Hegwood, Town Clerk
TOWN OF FIRESTONE
P.O. Box 100
Firestone,CO 80520
RE: Annexation Agreement for Applied Films Change of Zone application, PZ-1059 through Weld
County Planning Services on a parcel of land described as Lot A of Recorded Exemption, RE-
1009 located in the part of the SW4 NW4 Section 14, Township 2 North, Range 68 West of the
6th P.M., Weld County,Colorado.
Dear Mr.Nickerson and Ms.Hegwood:
On behalf of Applied Films Corporation, I request an Annexation Agreement to be sent to me for my
review and approval.
The reason for the withdraw of our Annexation application of December 24, 2002 was due to conditions
placed upon the annexation request that cannot be met based upon meeting contiguity requirements. The
Intergovernmental Agreement between the Town of Firestone and Weld County specifies in Section 19-2-
70 of the Weld County Code, "Each MUNICIPALITY will give serious consideration to all petitions for
annexation of lands within its Urban Growth Area and will not decline to annex such properties except for
good cause. For the purposes of this Section,good cause includes without limitation the following: . . .(2)
the area is not reasonably contiguous in fact to the MUNICIPALITY'S existing boundaries and its
annexation would result in disconnected municipal satellite." Our application was not eligible for
annexation due to lack of reasonably-attainable contiguity with the result a disconnected municipal
satellite.
We will consider an annexation agreement through this review process with Weld County to ensure
annexation at the time when annexation is a viable and appropriate option per State Statute.Please contact
my representative, Todd Hodges Design, LLC at (970) 613-8556 with questions. Please send the.
proposed Annexation Agreement to my representative, Todd Hodges Design, LLC at 1269 North
Cleveland Avenue,Loveland,Colorado 80537. Your timely response to this request is appreciated:
Sincerely
Lawrence D. Firestone
Chief Financial Officer
c: Todd Hodges Design,LLC
Lee Morrison,Weld County Colorado
PUD FINAL PLAT
1 ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Jacqueline Hatch
CASE NUMBER: PF-1059
APPLICANT: Applied Films Corporation
ADDRESS: 9586 1-25 Frontage Road East, Longmont, CO 80504
REQUEST: Applied Films PUD Final Plat for one (1) Lot with (C-3) Business
Commercial Uses in the Mixed Use Development (MUD) area.
LEGAL: Lot A of RE-1009 Pt SW4 NW4 of Section 14, T2N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: East of and adjacent to the 1-25 Frontage Road and approximately 1/2 mile
north of CR 20.
ACRES: +/- 5 acres PARCEL # 1313 14 000046
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance Officer, referral received May 2, 2005
• Weld County Department of Public Health and Environment, referral received May 17,
2005
• Longmont Soil Conservation District, referral received May 10, 2005
• Mountain View Fire Protection District, referral received May 18, 2005
• State of Colorado, Division of Wildlife, referral received May 15, 2005
• State of Colorado, Department of Transportation, referral received May 5, 2005
Town of Firestone, referral received May 27, 2005
• Town of Frederick, referral received May 27, 2005
• Weld County Department of Public Works, referral received June 9, 2005
The Department of Planning Services' staff has not received responses from:
• Frederick Fire Protection District
• St. Vrain Sanitation District
PUD FINAL PLAT
ADMINISTRATIVE REVIEW
Inge.
COLORADO
PLANNER: Jacqueline Hatch
CASE NUMBER: PF-1059
APPLICANT: Applied Films Corporation
ADDRESS: 9586 1-25 Frontage Road East, Longmont, CO 80504
REQUEST: Applied Films, PUD final plat for one (1) lot with (C-3) Business
Commercial Uses in the Mixed Use Development (MUD) area.
LEGAL: Lot A of RE-1009 Pt SW4 NW4 of Section 14, T2N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/2 mile
north of CR 20.
ACRES: +/- 5 acres PARCEL # 1313 14 000046
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
27-7-30 of the Weld County Code.
2. The submitted materials are in compliance with Section 27-7-40 of the Weld County
Code as follows:
A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24
and 26 of the Weld County Code.
1) Section 22-2-90.8.1 (UGB.Goal 2) states, "Concentrate urban
development in or adjacent to existing municipalities or the 1-25 Mixed
Use Development area and maintain urban growth boundary areas that
provide an official designation between future urban and non-urban uses."
The proposed site is designated Employment Center — High Intensity on
the Mixed Use Development (MUD) area structural land use map #2.1,
and is within the boundaries of the Inter-Governmental Agreement (IGA)
boundary with the Town of Firestone, Article II, Chapter 19 of the Weld
County Code. The Town of Firestone stated in their 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.
2) Section 22-2-60.C (A. Goal 3) — Provide mechanism 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 Business
Commercial (C-3) uses on 5 acres. Currently there is an existing house
on the property that is served by 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.C (A. Goal 3) — 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) area structural land use map #2.1, and is within the
boundaries of the Inter-Governmental Agreement (IGA) boundary with the
Town of Firestone, Article II, Chapter 19 of the Weld County Code. The
proposed PUD will be serviced by 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 agricultural uses
beyond 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.C.2--That 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. The applicant has chosen to
adhere to the bulk requirements of the (C-3) 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.C.3 --That the uses which would 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) area structural land use map #2.1, and is within the
boundaries of the Inter-Governmental Agreement (IGA) boundary with the Town
of Firestone, Article II, Chapter 19 of the Weld County Code. The Town of
Firestone stated in their referral dated May 27, 2005 that an annexation
agreement pursuant to the IGA between the County and Firestone is required.
The applicant will provide evidence of an approved/accepted annexation
agreement prior to recording the final plat. The surrounding properties are
primarily commercial and industrial developments to the north and south.
Interstate 25 is located to the west of the site followed by agricultural uses.
Agricultural uses continue to exist to the east of the site. The Department of
Planning Services believes that the granting of this PUD Final Plan will have a
minimal impact on the surrounding land uses.
D. Section 27-7-40.C.4 --That 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 Article II, Chapter 27 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.
E. Section 27-7-40.C.5 -- 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
Weld County Public Works Department reviewed this request and indicated that
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 Policy Regarding Collateral for Improvements, a stamped,
signed and dated final roadway / construction and grading plan drawings, final
drainage construction plans, and possibly a traffic study will be required.
F. Section 27-7-40.C.6 — 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, if
applicable. The Colorado Department of Transportation in their referral dated
September 7, 2004 had no comments at the time of Change of Zone but wanted
to be informed of future development. The Colorado Department of
Transportation in their referral dated May 5, 2005 has no additional comments.
G. Section 27-7-40.C.7 -- 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 Weld County Department of Public Works stated that a final drainage
report and construction plans, conforming to the drainage report, shall be
required at the time of development/ Site Plan application.
H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and
criteria listed in the development guide, and the final plan exactly conforms to the
development guide. The proposed PUD Final Plan uses are compatible with the
criteria listed in the development guide.
This recommendation is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral
agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon
the following:
1. Prior to recording the Final plat:
A. The applicant shall address the requirements (concerns) of 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. (Departments of Planning Services and Public
Works)
B. The applicant shall address the requirements (concerns) of the Mountain View
Fire Protection District, as stated in the referral response dated May 18, 2005.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services and the Mountain View
Fire Protection District)
C. The applicant shall provide the Department of Planning Services with a copy of
an approved/accepted annexation agreement with the Town of Firestone.
(Department of Planning Services)
D. 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.
(Department of Planning Services)
E. 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. (Department of Planning
Services)
F. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled PF-1059. (Department of Planning
Services)
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'.
(Department of Planning Services)
3. The Weld County's Right to Farm statement, Appendix 22-E shall be
placed on the plat. (Department of Planning Services)
4. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the Final Plat.
(Department of Planning Services)
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 is for a PUD Final Plat for one (1) lot with (C-
3) Business Commercial Uses in the Mixed Use Development (MUD) area 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)
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 Section 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. (Department
of Planning Services)
C. At the time of Site Plan Review 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.
(Department of Planning Services)
D. Water service shall be obtained from the Central Weld County Water District.
(Department of Public Health and Environment)
E. This subdivision is not currently served by a municipal sanitary sewer system.
St. Vrain Sanitation District shall be utilized at the time of development. The
existing individual sewage disposal system permit number 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 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. (Department
of Public Health and Environment)
F. The existing home and barn shall be converted to accessory commercial uses or
be removed at the time of construction. (Department of Planning Services)
G. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S.,
as amended. (Department of Public Health and Environment)
Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
J. Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
K. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of
Public Health and Environment)
L. The property owner shall be responsible for replacing all dead or dying plant
material in the open space areas. (Department of Planning Services)
M. Weld County's Right to Farm as delineated on this plat shall be recognized at all
times. (Department of Planning Services & Department of Public Health and
Environment)
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. (Department of Planning Services)
Q. Installation of utilities shall comply with Section 24-9-10 of the Weld County
Code. (Department of Planning Services)
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. (Department of Building Inspection)
Q. Activities such as permanent landscaping, structures, dirt mounds or other items
are expressly prohibited in the septic absorption field site. (Department of Public
Health and Environment)
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. (Department of Building Inspection)
S. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of 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. (Department of
Building Inspection)
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. (Department of Building Inspection)
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
permit application. Setback and offset distances shall be determined by the
Weld County Code. (Department of Building Inspection)
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 Chapter 23 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.
(Depart of Building Inspection)
W. 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.
f (Department of Planning Services)
X. The property owner shall be responsible for complying with Chapter 27 and
Chapter 26, Article VIII, of the Weld County Code. (Department of Planning
Services)
Y. The property owner shall be responsible for complying with the criteria of Chapter
26 of the Weld County Code. (Department of Planning Services)
Z. 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)
AA. 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)
AB. The property owner is responsible for liability insurance, taxes and maintenance
of open space, streets, private utilities and other facilities. (Department of
Planning Services)
AC. No development activity shall commence on the property, nor shall any building
permits be issued on the property until the final plan has been approved and
recorded. (Department of Planning Services)
AD. The site shall maintain compliance with the Mountain View Fire Protection District
at all times. (Department of Planning Services)
AE. Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
AF. 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.
AG. 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
the 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.
AH. 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.
Al. Section 27-8-80.B 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, et seq., CRS.
AJ. No development activity shall commence, nor shall any building permits be
issued on the property until the final plan has been approved and recorded.
(Department of Planning Services)
3. Upon completion of 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 Mylar plat shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-
20 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date the Administrative Review was signed.
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 the
Administrative Review was signed a $50.00 recording continuance charge shall be
added for each additional 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). (Dept. of Planning Services)
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 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.
Date: July 11, 2005
Jacqueline Hatch - Planner II
DEPARTMENT OF PLANNING SERVICES
K
i NORTH OFFICE
fr 91810THO Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
wigg�• SOUTHWEST OFFICE
4209 OF ICE
COLORADO )V 2- CO88730
PHONE: (72020) 652-4210, Ext. 8730
FAX: (720) 652-4211
April 29, 2005
Applied Films Corp
do Todd Hodges Design
1269 N. Cleveland Ave
Loveland CO 80537
Subject: PF-1059- Request for Applied Films Corporation, Final Plat PUD with C-3 Business Commercial
Uses for one (1) lot on a parcel of land described as Lot A of RE-1009, SW4 NW4 of Section 14,
T2N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Utilities Advisory Committee for Thursday, May 26, 2005, at 10:00 a.m. This
meeting will take place in the Hearing Room,Weld County Department of Planning,918 10th Street, Greeley,
Colorado.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property 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 Firestone and Frederick Planning
Commission for their review and comments. Please call Firestone at 303-833-3291 and Frederick at 303-833-
2388 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or
a representative be in attendance at the Firestone and Frederick Planning Commission meeting to answer
any questions the Commission members may have with respect to your application.
The Department of Planning Services' staff will make a recommendation concerning this application within
sixty(60) days.
If you have any questions concerning this matter, please call.
Respectfully,
Jacqueli e Hatch
Planner
et WCIRC NOTICE 'floc
A PUBLIC HEARING CONCERNING
THIS PROPERTY WILL BE HELD AT:
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-CASE AO ACRES
FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF
PLANNING SERVICES AT
(970 )353-6100 ext . 3510
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FIELD CHECK Inspection Date:
APPLICANT: Applied Films Corporation do Todd Hodges Design, LLC
CASE #: PF-1059
REQUEST: Applied Films Corporation, Final Plat PUD with C-3 Business
Commercial Uses for one (1) lot.
LEGAL: Lot A of RE-1009 SW4 NW4 of Section 14, T2N, R68W of the 6th P.M.,
Weld County, Colorado
LOCATION: East of and adjacent to CR 9 and 1-25 and approximately 1/2 mile north
of CR 20.
PARCEL ID #: 1313 14 000046 ACRES: 5 +/-
Zoning Land Use
N C-3 & I-2 N C-3 & I-2
E C-3 & I-2 E C-3 & I-2
S Frederick S Frederick
W A (Agricultural) W Agricultural
COMMENTS:
Single family home located directly to the south of the site
Large commercial/industrial use directly to the north of the site
Located on 1-25 east frontage road
Single family home on the site (looks vacant)
Barn in the rear of the site
Property peaks toward the frontage road and slopes down towards the east.
Corrals on site
Long grass
Jac uefHatch, Planner
WELD COUNTY,COLORADO
RTMENT OF PLANNING SERVICES
4209 CR 24.5
LONGMONT,CO 80504
PHONE(7 0)652-4210,Err.8730-FAx(720)6524211
DATE: LI 2 6 20 O 3 RECEIPT 605
RECEIVED FROM:
NO. TYPE FEES
4221 -RE/SE
4221 -ZPMH
4221 -USR
4221 -SITE PLAN REVIEW
4221 -COZ
4221 -PUD 1 O.) a S )1 --
4221 -SUBDIVISION
4221 -BOA
4221 -FHDP/GHDP
4430-MAPS/PUBLICATIONS
4430-POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
o
❑CASH C CHECK NO: ✓ () -( TOTAL
BY: ��.v,:k,'
WHITE-CUS1OMER CANARY-FINANCE PINK-FILE
Wilk APPLICATION FLOW SHEET
COLORADO
APPLICANT: Applied Films Corporation c/o Todd Hodges Design, LLC
CASE #: PF-1059
REQUEST: Applied Films Corporation, Final Plat PUD with C-3 Business Commercial Uses
for one (1) lot.
LEGAL: Lot A of RE-1009 SW4 NW4 of Section 14, T2N, R68W of the 6th P.M., Weld
County, Colorado
LOCATION: East of and adjacent to CR 9 and 1-25 and approximately '/z mile north of CR
20.
PARCEL ID #: 1313 14 000046 ACRES: 5 +/-
DATE BY
Application Received 4/26/05 JH
Application Complete 4/26/05 JH
PC Hearing Date: Action: n/a
Utility Board Date: May 26, 2005 May 26, 2005
PC Sign to be Posted By:
PC Sign Posted
Referrals Listed
File Assembled
Referrals Mailed
Chaindexed
Letter to Applicant Mailed
Date Public Notice Published in County Newspaper
Surrounding Property& Mineral Owners Notified
Planning Technician Maps Prepared 4/27/05 JH
Field Check by DPS Staff N( LA, 6
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed in Case
A
4
Case Sent to Clerk to the Board Cf/ y Joy cj
any n ; APB' s
06 Neanng: • , Action: p1`n/,,{x� - F Se ^ .�,n ' ' !� V°.:/)1,,c
16
CC Sign to be Posted By: 9 I Zo(of ke` A4
CC Sign Posted T h�
Plat and/or Resolution Recorded M
Recorded on Maps and filed /-1 7—C6
Overlay Districts Flood Hazard Yes No_X_
e, .
Zoning Agricultural O'5 Panel #080266 0861C kY.
Airport Yes No_X_ IGA—Yes Firestone P'
Geologic Yes No_X_ MUD -Yes
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