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Home My WebLink About20043243.tiff HEARING CERTIFICATION DOCKET NO. 2004-100 RE: CHANGE OF ZONE, PZ#1059, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WITH C-3 (BUSINESS COMMERCIAL) ZONE USES FOR ONE (1) LOT -APPLIED FILMS CORPORATION A public hearing was conducted on December 8, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tern Commissioner M. J. Geile Commissioner David E. Long - EXCUSED Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Jacqueline Hatch Health Department representative, Pam Smith Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated November 12, 2004, and duly published November 17, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Applied Films Corporation for Change of Zone, PZ#1059,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District with C-3(Business Commercial)Zone uses for one(1)lot. Lee Morrison,Assistant County Attorney, made this a matter of record. Chair Masden advised the applicant's representative,Anne Best-Johnson, Todd Hodges Design, LLC, that they have the option of continuing this matter to a date when the full Board will be present. However, if they decide to proceed today, it will require three affirmative votes, or in the case of a tie vote,Commissioner Long will listen to the record and make the determining vote. Ms.Johnson indicated they would like to proceed today. Jacqueline Hatch,Department of Planning Services,presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She gave a brief description of the location of the site,which is within the Mixed Use Development(MUD) Area, in an area designated as employment center-high intensity. She stated the site is also within the Intergovernmental Agreement(IGA)area for the Town of Firestone,which has indicated interest in establishing an annexation agreement with the applicant. Ms. Hatch stated the Department of Planning Services is requesting the applicant provide evidence of an annexation agreement to be submitted with the Final Plan application. She stated the site will be serviced by the Central Weld County Water District and the existing home on the site does have an individual sewage disposal system. She further stated sewer service can be provided by the St.Vrain Sanitation District, and the applicant will be required to provide evidence that they have petitioned into the St. Vrain Sanitation District for its service in the 208 Service area. Ms. Hatch reviewed the surrounding land uses, and reiterated improvements on the site consist of one residence, a barn, and corrals. She stated 13 referral agencies reviewed this proposal,three had no comment,four responded favorably 2004-3243 PL1750 HEARING CERTIFICATION - APPLIED FILMS CORPORATION (PZ#1059) PAGE 2 or provided comments that have been addressed in the Conditions of Approval and Development Standards, and staff received no comment from surrounding property owners. She stated the applicant has completed Conditions#1.A and#1.B,therefore,they can be deleted. Responding to Commissioner Jerke, Ms. Hatch stated she is not aware of the applicant owning other property in this area. CommissionerJerke commented this area appears to be changing to commercial uses, and it may be a good idea for the Board to consider changing the zoning on all the properties, rather than on a case-by-case basis. Pam Smith,Department of Public Health and Environment,stated the house is currently on a septic system, documented in 1987 as a "Statement of Existing." She stated in 1987 there was activity that took place,which initiated the Statement of Existing process. Ms.Smith stated the system is older than that,and the house is currently being used as a residence. Responding to Chair Masden, Ms. Hatch stated the applicant is not proposing any development at this time, they are simply requesting a Change of Zone. She explained the owner spends weekdays in the home because it is closer to his place of work. Peter Schei, Department of Public Works, stated this is a Change of Zone regarding the land use, and there is no development to review at this time. He stated it is within the MUD, and at the time of Site Plan Review (SPR), staff will require the usual items, such as a Traffic Impact Study, Drainage Report, etcetera. Anne Johnson,Todd Hodges Design, LLC,represented the applicant and stated the site is north of property that has been annexed to the Town of Frederick. She stated the site is within the IGA boundary for the Town of Firestone, located one-quarter mile west of the current Town boundary, and they will have to annex right-of-way to obtain contiguity. She stated the site is in the 1-25 MUD area, which necessitates a three-step Planned Unit Development process to change the zoning, rather than the standard Change of Zone process. Ms.Johnson explained the purpose is to change the zoning on a single lotto be consistent with C-3 zoning in the vicinity,once the use is determined the applicant will be required to go through the Site Plan Review process, and Applied Films Corporation leases land adjacent to and north of this site. She gave a brief description of the surrounding uses,and stated the proposed land uses include those allowed by right in the C-3 Zone District,with the exception of airstrips, commercial junkyards, and salvage yards. She stated the applicant has worked with various referral agencies to address their concerns and requirements. She stated the Department of Public Works will require its standard items at the time of Site Plan Review,rather than at the Final Plan. She referenced Condition of Approval#4.B and explained the applicant submitted an Annexation Petition to the Town of Firestone on December24,2002,and the Town waited for nine months before responding to the applicant explaining that contiguity could not be reasonably obtained. Ms.Johnson stated,due to delays they have experienced in the past,the applicant is requesting that at the time of Final Plan submission,they be allowed to submit written evidence that they have requested an Annexation Agreement to the Town of Firestone which will allow them to proceed with recording the plat without being held to Firestone's time frame on the matter. 2004-3243 PL1750 HEARING CERTIFICATION - APPLIED FILMS CORPORATION (PZ#1059) PAGE 3 Responding to Commissioner Vaad, Mr. Morrison stated the Town of Firestone had an opportunity to annex this property, and given the history of the applicant's efforts in the past, he does not feel allowing written evidence of a request is a conflict with the terms of the IGA. He stated typically the municipality has seven months to complete an agreement, and in this case the applicant waited more than that just to get a response. No public testimony was offered concerning this matter. In response to Chair Masden,Ms.Johnson stated she and the applicant have reviewed and concur with the Conditions of Approval as proposed and modified. Commissioner Vaad moved to modify Condition#4.B to state, "The applicant shall provide written evidence of a request for an annexation agreement with the Town of Firestone." Commissioner Jerke seconded the motion. Commissioner Geile expressed concern with the modification because if the property is purchased by a business and they are unable to execute an annexation agreement,the final step is the Site Plan Review process,which is administrative review rather than final review by the Board. Responding to Commissioner Geile,Ms.Johnson stated the applicant agrees to submit an executed annexation agreement at the time of Site Plan Review. In response to CommissionerJerke,Commissioner Vaad clarified his motion was to modify Condition of Approval#4.B to allow for written evidence of submittal, and he also agrees with modifying the last sentence of paragraphs #2.a.1 and #2.c to be consistent with that change. In response to Commissioner Geile, Ms. Johnson suggested adding a Condition of Approval that states, "At the time of Site Plan Review, the applicant shall submit an executed annexation agreement to the Department of Planning Services." Ms. Hatch suggested that language be added as Condition#2.F and reletter the subsequent paragraphs accordingly. CommissionerJerke expressed concern that this may prevent the applicant from selling the site if the contiguity for an annexation cannot be met. Commissioner Vaad clarified the language simply requires an annexation agreement that agrees to annexation in the future, not the actual annexation of the property. Commissioner Jerke concurred with that arrangement. There being no further discussion, the motion to modify Condition #4.B and paragraphs #2.a.1 and #2.c carried unanimously. Commissioner Vaad moved to approve the request of Applied Films Corporation for Change of Zone, PZ#1059,from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District with C-3(Business Commercial)Zone uses for one(1)lot,based on the recommendations of the Planning staff and the Planning Commission,with the Conditions of Approval as entered into the record. His motion also included deleting Conditions of Approval#1.A and#1.B,inserting a new Condition#2.F to state, "At the time of Site Plan Review, the applicant shall submit an executed annexation agreement to the Department of Planning Services," and reletter accordingly. The motion was seconded by Commissioner Jerke,and it carried unanimously. There being no further discussion, the hearing was completed at 11:00 a.m. 2004-3243 PL1750 HEARING CERTIFICATION - APPLIED FILMS CORPORATION (PZ#1059) PAGE 4 This Certification was approved on the 13th day of December 2004. APPROVED: 4 Elsa BOARD OF COUNTY COMMISSIONERS VELD COUNTY,A/ COLORADO 1861 I^, (mil --- Robert D. Masden, Chair Lnkiifia .iku Clerk to the Board 6.In —`4e:, • William H. rke, Pro-Tem BY: ✓ eputy Cler to the Board e( M. J. eile TAPE #2004-54 EXCUSED David . Long DOCKET#2004-100 Glenn Vaad 2004-3243 PL1750 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1059 - APPLIED FILMS CORPORATION Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 10/19/2004) D. Clerk to the Board Notice of Hearing E. Planning Staff Referral Response from the Town of Frederick, dated 10/12/2004 F. Planning Staff Certification and Photo of sign posting G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF DECEMBER, 2004: DOCKET#2004-101 -GERRIT AND KAREN VOSHEL DOCKET#2004-100 -APPLIED FILMS CORPORATION DOCKET#2004-102 - MARTIN AND BERTA GUTIERREZ PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip —YfrOUS I SU�s MaGS ri/Vg M4 £ ,S IKJ i C Me(2-- IV) COvJ-9 ,c1-O2,-�s 0 c C Co- I ,-c- Ft_rev-\(s,,-, �//o -De--n uev- Roe For + 1_ �pl-t.-. j--(7)1/44 L W vs n-. /C2-1( r,/uI CO wiree 1 V v 15 v i q 4/94-0^ CO , /�A� 4 n s VALW y ✓snc At' I',2Qs,a.�c d 9.1 GT; la arr�jrvr(� rvl l2 / S %ol,/ c / ' lalA dco �� ado /'/i? ��Czra 'A / j r,© . cvoinct / y ? i Ta UQ c1 Wf��1Ml�r c� ��z 1517 \ \ \\4 .) \ ,CCU L//'ie all o / np itio,ocm , --(< 1667, 155-7-in :qc1 A/E Fr hp /gToA) Et_ o .v4I. 2. j Dl<. 14-.. ? /S,L2_1 is^Sy0 6o. c/tr ,%.- Cc nl- Dtvci.ccw5 io4? S.e..mtnoIt C9 f o �n VD5-1-(a ( t- L..4 Ggpr�4 3zo eJo 15T-I' A, r.��,�-o�J Cc. CbD601 r-6 2-A IN- 2„ _ 3 51 CI ,r Au e_en.u,e_ ,� Co P�clloce) Ja-nl ,u( tie- sue' /5-37a , /_. _ S.._ -7-ei; - c--4 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF DECEMBER, 2004: DOCKET#2004-101 -GERRIT AND KAREN VOSHEL DOCKET#2004-100 -APPLIED FILMS CORPORATION DOCKET#2004-102 - MARTIN AND BERTA GUTIERREZ PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip MOnue f Q II oconyte3u I Si s re-ik S-, . (-;rep /ev ro e063 I ERI1ARD MR/Lt JJ -fb oS RE-L-0 sr WHEAL Ri 06a co - 80033 Mrce `N\ze �'n,wlei ISSW £-bkeAr Stv c - L �� , C� Rbtos\ Non r S econ 1554( Cleder /1, F e Ld.rP��i , d, 1 6� N°' e :),Ar e/Q /5-816 /Co//PPiinar) 4- c cf 1., ,L0,1 _L y_�(DO !S�1gyen& 2 __. i <froa iv gicz. -1. BO G I , 0, L3 ° r4 A frAF5 SW ' G y 2C 5 C4 th Y S, L7777 -' CO S'oj z 5 Hello