HomeMy WebLinkAbout20043230.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1059, FROM A(AGRICULTURAL)ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - 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 8th day of December,2004,at 10:00 a.m.for
the purpose of hearing the application of Applied Films Corporation,95861-25 Frontage Road East,
Longmont, Colorado 80504, requesting a Change of Zone from the A(Agricultural)Zone District to
a PUD (Planned Unit Development)Zone District with C-3 (Business Commercial)Zone uses for
one (1) lot for a parcel of land located on the following described real estate, to-wit:
Lot 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 by Anne Best-Johnson,Todd Hodges Design,
LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, 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 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and Chapters 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter23(Zoning),Chapter 24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-2-90.6.1 (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
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non-urban uses." The proposed site is located within the
Employment Center-High Intensity for the Mixed Use Development
(MUD) area, and is within the boundaries of the Intergovernmental
Agreement(IGA)boundary with the Town of Firestone, pursuant to
Chapter 19,Article II,of the Weld County Code. Currently,the Town
of Firestone cannot meet Section 19-2-70 of the Weld County Code
which states,"Each municipality will give serous 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." The Town of Firestone stated, in
its referral dated October 5, 2004, that it wants an annexation
agreement pursuant to the IGA between the County and Firestone.
The applicant will provide written evidence of a request for an
annexation agreement with the Town of Firestone with the Final Plat
submittal.
2) Section 22-2-230.F.1 (MUD.Goal 6) states, "To assure that new
development occurs in such a manner as to maintain an attractive
working and living environment." All applicable standards and
regulations of Chapters 23,24,26,and 27,along with Chapter 22 of
the Weld County Code, shall be integrated in the design of the Final
Plan.
3) Section 22-2-60.C (A. Goal 3) states, "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 (1)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 application does state that sewer
service can be provided by the St. Vrain Sanitation District and the
applicant intends to utilize the public sanitation provider at the time of
development.
4) Section 22-2-60.C(A.Goal 3)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, I-25
Mixed Use Development area or urban development nodes,or where
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adequate services are currently available or reasonably obtainable."
The proposed site is located within the Employment Center- High
Intensity for the Mixed Use Development(MUD)area, and is within
the boundaries of the Intergovernmental Agreement(IGA)boundary
for the Town of Firestone, pursuant to Chapter 19, Article II, of the
Weld County Code. The proposed PUD will be serviced by the
Central Weld County Water District for potable water and fire
protection requirements. 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 application does state
that sewer service can be provided by the St.Vrain Sanitation District
and the applicant intends to utilize the public sanitation provider at the
time of development. The surrounding property consists of primarily
commercial and industrial uses to the north and south. Interstate 25
is located to the west of the site followed by agricultural uses.
Agricultural uses exist to the east of the site. The site currently has
one house and a large barn with corrals on the property.
A Site Plan Review will be required prior to any commercial/industrial
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.
5) Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit
Development which includes a residential use should provide
common open space free of buildings,streets,driveways or parking
areas. The common open space should be designed and located to
be easily accessible to all the residents of the project and usable for
open space and recreation. Some Planned Unit Developments may
not require common open space depending on their type,density,or
other factors. The applicants are proposing to include the required
15 percent of open space at the time of the Site Plan Review, in
addition to the 20 percent required in the Employment Center-High
Intensity area of the MUD.
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6) Section 22-2-210.D.3 (PUD.Policy 4.3.) -- Conservation of natural
site features such as topography, vegetation, and water courses
should be considered in the project design. The site rises up gently
to the east and then drops off. There are no significant natural
features on site.
7) Section 22-2-210.F. 1.(PUD.Policy 6.1.) --The development should
provide for perpetual maintenance of all commonly shared land and
facilities. The County should not bear the expense or responsibility
of maintenance for any commonly shared land or facilities within the
Planned Unit Development. The Conditions of Approval ensure that
at the time of the Site Plan Review the property owner shall address
the maintenance of the open space.
8) Section 22-3-50.B.1 (P.Goal 2)states, "Require adequate facilities
and services to assure the health,safety,and general welfare of the
present and future residents of the County." The proposed PUD will
be serviced by the 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 does state that sewer service can be provided by St.
Vrain Sanitation District and the applicant intends to utilize the public
sanitation provider at the time of development.
b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-20, Access standards-The applicant is proposing to
use the historical access off of 1-25 Frontage Road East until the time
of the Site Plan Review where the access point may change. The
Department of Transportation (CDOT) will review any proposed
changes to the site.
2) Section 27-2-30,Buffering and Screening-All proposed commercial
uses within the site will go through a Site Plan Review application
process;all on-site screening and buffering will be addressed during
the Site Plan Review of each lot. All residential development shall
meet or exceed the requirements of Sections 26-2-40 and 26-2-70.
The site shall maintain compliance with the MUD standards regarding
screening and buffering of the property, per Section 26-2-70,
Landscaping Regulations, of the Weld County Code.
3) Section 27-2-40, Bulk requirements - The proposed PUD lot shall
adhere to the bulk requirements of the Commercial Zone District,
outlined in Section 23-3-200 of the Weld County Code. Further, all
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commercial lots in a PUD shall undergo a Site Plan Review process,
as defined in Chapter 23, Article II, Division 3, of the Weld County
Code.
4) Section 27-2-100, Landscaping Standards - This proposal shall
adhere to Sections 24-9-10, 27-2-100, and 26-2-60. A detailed
landscape,berm,and screening plan,along with a maintenance and
planting schedule, shall be submitted with the Site Plan Review
application.
5) Section 27-2-120, Mixed Use Development Area-This proposal is
located within the MUD area and does propose to adhere to
Chapter 26 of the Weld County Code when the attached Conditions
of Approval are met.
6) The applicant has met the remaining Performance Standards as
delineated in Section 27-2-10. The Conditions of Approval ensure
compliance with Sections 27-2-20 through 27-2-220 of the Weld
County Code.
c. Section 27-6-120.D.5.c - The uses which will be permitted shall be
compatible with the existing or future development of the surrounding area
as permitted by the existing Zoning, and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed subdivision is located within the
Employment Center - High Intensity for the MUD area, and is within the
boundaries of the IGA boundary with the Town of Firestone, pursuant to
Chapter 19, Article II, of the Weld County Code. Currently, the Town of
Firestone cannot meet Section 19-2-70 of the Weld County Code which
states, "Each municipality will give serous 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." The
Town of Firestone stated in its referral that it wants an annexation
agreement. The applicant will provide written evidence of a request for an
annexation agreement with the Town of Firestone with the Final Plat
submittal.
d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,the Weld County Code. The
proposed PUD will be serviced by the Central Weld County Water District for
potable water and fire protection requirements. Individual sewer disposal
systems will handle the effluent flow until the time of development and then
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the St.Vrain Sanitation District will be utilized. The Weld County Attorney's
Office has indicated that the agreements submitted by the applicant are
adequate for the Change of Zone.
e. Section 27-6-120.D.5.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
Zone District. The Weld County Department of Public Works has not
responded to the referral for staff comments at this time.
f. Section 27-6-120.D.5.f-The Department of Planning Services shall require
an Improvements Agreement in accordance with Section 27-6-120.6.f of the
Weld County Code for all on-site improvements.
g. Section 27-6-120.D.5.g-The site does not lie within any overlay districts and
no commercial mineral deposits have been noted.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District,uses,and the Specific Development Guide. The submitted Specific
Development Guide does accurately reflect the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously. The applicant is requesting that the Final Plan be administratively
reviewed. The Department of Planning Services and the Board of
Commissioners concur with this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
Weld County,Colorado,that the application of Applied Films Corporation for a Change of Zone from
the A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PZ-1059.
2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone 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.
2. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
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A. Change of Zone, PZ#1059, is from the A(Agricultural)Zone District to the
PUD (Planned Unit Development) Zone District 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 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 Chapter26
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. Water service shall be obtained from the Central Weld County Water
District.
D. 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
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.
E. The existing home and barn shall be converted to accessory commercial
uses or be removed at the time of Site Plan Review.
F. At the time of Site Plan Review, the applicant shall submit an executed
annexation agreement to the Department of Planning Services.
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.
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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,as delineated on this plat,shall be recognized
at all times.
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 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 and/or Residential Code
in effect at the time of 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
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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.
W. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
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. Personnel from the 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.
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 applicant shall comply with Section 27-8-50 Weld County Code, as
follows: Failure to submit a Planned Unit Development Final Plan-If a PUD
Final Plan application is not submitted within three(3)years of the date of the
approval of the PUD Zone District,the Board of County Commissioners shall
require the landowner to appear before it and present evidence substantiating
that the PUD project has not been abandoned and that the applicant
possesses the willingness and ability to continue with the submission of the
PUD Final Plan. The Board may extend the date for the submission of the
PUD Final Plan application and shall annually require the applicant to
demonstrate that the PUD has not been abandoned. If the Board determines
that conditions or statements made supporting the original approval of the
PUD Zone District have changed, or that the landowner cannot implement
the PUD Final Plan, the Board of County Commissioners may, at a public
hearing, revoke the PUD Zone District and order the recorded PUD Zone
District reverted to the original Zone District.
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EE. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files),Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not
acceptable).
4. At the time of Final Plan submission:
A. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations, and dimensioned on the Final Plat.
B. The applicant shall provide written evidence of a request for an annexation
agreement with the Town of Firestone.
C. The applicant shall provide evidence to the Department of Planning Services
that they have petitioned into the St.Vrain Sanitation District for service in its
208 service area.
D. 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).
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of December, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
4 E llda W. LeWa4( Wj D9COUNTY,, COLORADO
tTy _Wl I ty Clerk to the Board Robert D. Masden, Chair
��� William H. J ke, Pro-Tem
BY:
eputy Clerk o the Boardl ��—M. J. eile
APPRO. AS TO EXCUSED
David . Long
untq Attor y -\_________
Glenn Vaad
Date of signature: /--• --�`'
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