HomeMy WebLinkAbout20002875 RESOLUTION
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, S#563 -GREELEY-WELD COUNTY AIRPORT
AUTHORITY
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 15th day of November, 2000, at 10:00
a.m. for the purpose of hearing the application of Greeley-Weld County Airport Authority, P.O.
Box 727, Greeley, Colorado 80631, requesting a Site Specific Development Plan and Planned
Unit Development Final Plan, S #563, for a parcel of land located on the following described
real estate, to-wit:
Part of Section 1, 2, and 3, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented at said hearing by Mike Reisman, Greeley-
Weld County Airport Manager, and
WHEREAS, Section 7.4 of the Weld County Planned Unit Development Ordinance
provides standards for review of such 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 7.3 et seq., of the Weld County Planned Unit Development Ordinance.
2. The request is in conformance with Section 7.5.2 of the Weld County Planned
Unit Development Ordinance as follows:
a. Section 7.5.2.1 --The uses are consistent with the Weld County
Comprehensive Plan, Zoning and Subdivision Ordinances, Mixed Use
Development Ordinance, if applicable, and any Intergovernmental
Agreement in effect influencing the Planned Unit Development.
b. Section 7.5.2.2 -- The uses which will be allowed on the subject property
will conform to the Performance Standards outlined in Section 2 of the
Planned Unit Development Ordinance. The approved Conditions of
Approval will ensure that the performance standards which are outlined in
this section are met.
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c. Section 7.5.2.3 --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
the Comprehensive Plan or Master Plans of affected municipalities. The
Greeley-Weld Airport Planned Unit Development falls within the City of
Greeley's Urban Growth Boundary.
d Section 7.5.2.4 --Water service for this site will be provided by the City of
Greeley and the North Weld County Water District. The City of Greeley
and existing individual septic systems will provide adequate means of
sewage disposal. Future expansion shall use municipal sewer service
provided by the City of Greeley.
e. Section 7.5.2.5 —The Weld County Department of Public Works and the
Colorado Department of Transportation (CDOT) have reviewed the final
plat and have concluded that the roads are sufficient in functional
classification and capacity, and the applicant has made provisions for
appropriate means of ingress and egress to the Planned Unit
Development and lots contained therein.
f. Section 7.5.2.7 --A portion of the Greeley-Weld County Airport Planned
Unit Development lies within the Flood Plain. Any structures which lie in
this area shall conform to the Weld County Flood Hazard Overlay District
Regulations, as described in the Weld County Zoning Ordinance,
Section 53. The Planned Unit Development does not contain any areas
known to contain a commercial mineral deposit in a manner which would
interfere with the present or future extraction of such deposit by an
extraction to any greater extent than under the present use of the
property. Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures or
facilities proposed for the site. The site lies completely in the boundary of
the Airport Overlay District. Any future construction that will occur in the
Planned Unit Development will be permitted through the consent of the
Greeley-Weld County Airport Authority.
g. Section 7.5.2.8 --The Final Plan accurately reflects the intent of the
Development Guide, as submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Greeley-Weld County Airport Authority for a Site
Specific Development Plan and Planned Unit Development Final Plan, S#563, on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to Recording the Planned Unit Development Final Plat:
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A. The applicant shall provide evidence to the Departments of Public Works
and Planning Services that all circulation requirements have been met,
including all access requirements, and issues identified in the Department
of Public Works referral received October 17, 2000.
B. The applicant shall provide the Department of Planning Services with
evidence that water service shall be provided by the City of Greeley and
the North Weld County Water District. Evidence of such approval shall
be in the form of a signed agreement.
C. The applicant shall provide the Department of Planning Services with final
approval from the City of Greeley Sanitation Department of a signed
agreement.
D. The applicant shall provide written evidence of final approval from the
Union Colony Fire and Rescue Authority to the Department of Planning
Services.
E. The applicant shall submit final construction drawings for roads to the
Department of Public Works for review and acceptance, per Section
7.2.9.2 of the Weld County Subdivision Ordinance.
F. The Final Plat shall meet all requirements of Section 9.2 of the Weld
County Planned Unit Development Ordinance, and shall delineate all
appropriate easement locations, sizes, and titles, in accordance with
Section 10.6 of the Weld County Subdivision Ordinance.
G. The Plat shall include the current version of the Right to Farm Covenant
as included in the Weld County Comprehensive Plan dated October 31,
2000.
H. Changes in addressing, (including the submission included with the Final
Plat, which consists of Buss Avenue's re-designation into Ed Beegles
Lane, Skyhawk Drive and Airport Road) shall be reviewed, approved in
writing by the appropriate Fire Protection District, Law Enforcement
entity, United States Post Office and the Department of Planning
Services. A copy of each such approval shall be forwarded to the Weld
County Department of Planning Services. Addressing schemes shall
follow adopted standard planning and addressing methodologies and will
be coordinated with the Weld County Department of Planning Services at
the issuance of Building Permits.
The applicant shall attempt to address the requirements/concerns of the
Federal Aviation Administration, as stated in the referral response
received November 6, 2000.
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J. 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.
K. No permanent disposal of wastes shall be permitted at this site.
L. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
M. Fugitive dust shall be controlled on this site.
N. This facility shall adhere to the maximum permissible noise levels as
described in Sections 25-10-101 through 25-10-108, C.R.S.
O. Adequate toilet facilities shall be provided for the public.
P. All pesticides, fertilizer, and other potentially hazardous chemicals must
be stored and handled in a safe manner. Reference Section 25-8-205.5,
Colorado Water Quality Control Ad.
Q. The facility shall utilize the existing public water supply (North Weld
County Water District) and/or the City of Greeley water supply when it
becomes available.
R. The facility shall maintain compliance with its Stormwater Discharge
Permit.
S. The application materials indicate that some existing structures will be
removed. The facility must obtain the required demolition permits from
the Weld County Department of Building Inspection and conduct any
asbestos related inspections as required by Regulation #8 of the
Colorado Air Quality Control Commission Regulations.
T. All future structures that require sewer service shall be served by the City
of Greeley sewer system.
U. In the event any existing septic system should no longer function in
accordance with the Weld County Individual Sewage Disposal System
(I.S.D.S.) Regulations, the system shall be abandoned and the structure
it was serving shall be connected to the City of Greeley sewer system.
Any abandoned septic system shall be abandoned according to Weld
County I.S.D.S. Regulations.
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2. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
3. The Final Plat is conditional upon the following and that each be placed on the
Final Plat as notes prior to recording:
A. The Greeley-Weld County Airport Planned Unit Development shall
consist of 1,190 +/- acres. All lands within the Planned Unit Development
are, and shall be, owned by the Greeley-Weld County Airport Authority,
shall be governed by the terms, conditions, boundaries and adopted
maps of the Greeley-Weld County Airport Overlay District, and are
subject to Federal Aviation Authority Grant Assurances. The Planned Unit
Development allows for uses which shall comply with the requirements as
set forth in Section 35 of the Weld County Zoning Ordinance. The
common open space shall be owned and maintained in accordance with
Section 6.3.5 of the Planned Unit Development Ordinance.
B. Water service shall be provided by the City of Greeley and the North
Weld County Water District and Sewage Disposal shall be provided by
the City of Greeley Sanitation Department and existing septic systems.
C. Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance.
D. Any signs, including entrance signs, entrance walls and identification
walls, located on the property shall adhere to the standards established in
Component Five (5) of the Development Guide adopted in conjunction
with the Planned Unit Development Change of Zone adopted
September 1, 1999.
E. Outdoor storage shall be screened from public rights-of-way, and
adjacent properties.
F. All local roadways within the Planned Unit Development shall meet the
required standards of the Weld County Department of Public Works.
G. In accordance with the Regulations of the Colorado Air Quality Control
Commission, any development that disturbs more than five (5) acres of
land must incorporate all available and practical methods that are
technologically feasible and economically reasonable in order to minimize
dust emissions.
H. During development of the site, all land disturbance shall be conducted
so that nuisance conditions are not created. If dust emissions create
nuisance conditions, at the request of the Weld County Department of
Public Health and Environment, a Fugitive Dust Control Plan must be
submitted.
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I. In the event that five (5) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Storm Water Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
J. In accordance with the Regulations of the Colorado Air Quality Control
Commission, for any development that disturbs more than a twenty-five
(25) acres of contiguous disturbance, or exceeds six (6) months in
duration, the responsible party shall prepare a Fugitive Dust Control Plan,
submit an air pollution emissions notice, and apply for a permit from the
Colorado Department of Public Health and Environment.
K. The applicant shall obtain a Storm Water Discharge permit from the
Water Quality Control Division of the Colorado Department of Public
Health and Environment, if required. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the construction
phase of the project.
L. The site shall maintain compliance with the Union Colony Fire and
Rescue Authority requirements at all times.
M. The surface agreement for mineral rights on the site limits the drilling of
oil and gas wells to specific locations and the applicant has agreed that
no waivers will be signed that allows drilling of wells in any other location.
N. The applicant shall provide"No Parking" signs where any road width is 20
feet or less.
O. 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.
P. Screening, landscaping and maintenance of such improvements shall
adhere to the guidelines and standards established in Component Three
(3) of the Development Guide adopted in conjunction with the Planned
Unit Development Change of Zone adopted September 1, 1999.
Q. A Site Plan Review is not required in accordance with Section 35.4 of the
Weld County Zoning Ordinance. The Greeley-Weld County Airport
Authority, prior to granting a lease agreement, will review each intended
use of its properties, including all buildings, structures, and open storage
areas in order to determine compatibility of operations and/or structures
within the Planned Unit Development District. The Airport Authority may
at that time and at its discretion, specify which screening, buffering
landscaping, structure colors, and/or other perimeter treatments may be
required to insure a compatible and complimentary environment within
the Planned Unit Development Plan. Minimum improved building areas
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within the Planned Unit Development shall be defined as any space upon
which there exists a permanent building, structure, or improvement, plus
an additional ten (10)feet around the perimeter of such improvement.
R. The applicant shall comply with Sections 8.8, 8.9, and 8.10 of the Weld
County Planned Unit Development Ordinance, as follows:
Section 8.8— 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 Planned
Unit Development Final Plan has not been abandoned and that the
applicant possesses the willingness and ability to record the Planned Unit
Development 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 Planned Unit Development Final Plan cannot be
met, the Board may, after a public hearing, revoke the Planned Unit
Development Final Plan.
Section 8.9— Failure to Commence a Planned Unit Development Final
Plan - If no construction has begun or no use established in the Planned
Unit Development within one (1) year of the date of the approval of the
Planned Unit Development Final Plan, the Board of County
Commissioners may require the landowner to appear before it and
present evidence substantiating that the Planned Unit Development Final
Plan has not been abandoned and that the applicant possesses the
willingness and ability to continue the Planned Unit Development. The
Board may extend the date for initiation of the Planned Unit Development
construction and shall annually require the applicant to demonstrate that
the Planned Unit Development has not been abandoned. If the Board
determines that conditions supporting the original approval of the
Planned Unit Development Final Plan have changed or that the
landowner cannot implement the Planned Unit Development Final Plan,
the Board may, after a public hearing, revoke the Planned Unit
Development Final Plan and order the recorded Planned Unit
Development Plan vacated.
Section 8.10— Failure to Comply with the Planned Unit Development
Final Plan - The Board of County Commissioners may serve written
notice upon such organization or upon the owners or residents of the
Planned Unit Development setting forth that the organization has failed to
comply with the Planned Unit Development 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
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original notice as to deficiencies and may give an extension of time within
which they shall be rectified.
Section 8.10.1 —Any Planned Unit Development Zone District approved
in a Final Plan shall be considered as being in compliance with the official
Subdivision Ordinance and Section 30-28-101, et seq., C.R.S.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of November, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL.RADO
ATTEST: 441/
y , arbara J. • mey r, Chair
Weld County Clerk to the " { "•., -��
iiraP
any
•� _ ♦ . J. , Ile, Pro-Tem
BY:
Deputy Clerk to the Boa N -
i G . Baxter
VED A . O . .RM:
Daley K. Hall
/
ounty Attorney 0/fin
Glenn Vaad
2000-2875
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