HomeMy WebLinkAbout992124.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #526 FROM A (AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WITH C-3 THROUGH 1-3
USES - 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 1st day of September, 1999, at 10:00 a.m.
for the purpose of considering the application of the Greeley-Weld County Airport Authority,
P.O. Box 727, Greeley, Colorado 80632, for a Change of Zone from the A (Agricultural) Zone
District to a PUD (Planned Unit Development) Zone District with C-3 through 1-3 uses for a
parcel of land located on the following described real estate, to-wit:
Part of Sections 1, 2, and 3, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Mike Reisman, Airport Manager, and
WHEREAS, Section 5.3 of the Weld County Planned Unit Development Ordinance
provides standards for review of such a 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
5.3 et seq., of the Weld County Planned Unit Development Ordinance.
2. The submitted materials are in conformance with Section 6.4.4 of the Weld
County Planned Unit Development Ordinance as follows:
A. Section 6.4.4.6.1 - The proposal is consistent with the Comprehensive
Plan, Mixed Use Development Ordinance if applicable, any
Intergovernmental Agreement in effect influencing the Planned Unit
Development, and the Weld County Zoning and Subdivision Ordinances.
The proposal is consistent with the aforementioned documents as
follows:
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-
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urban uses. The proposed development is located adjacent to the
City of Greeley and is located partially within its existing Urban
Growth Boundary. In addition, an amendment to the Weld County
Urban Growth Boundary Map would reflect the expansion of the
City of Greeley's sewer line into the subject property such that the
entire property would fall within the City of Greeley's Urban
Growth Boundary.
2) (.Goal 1 and C.Goal 1 state, "Encourage the expansion and
diversification of the industrial/commercial economic base." In
addition to the increased capacity to accept larger and more
frequent air traffic at the facility created by the expansion to the
runway, the proposed expansion also includes commercial and
industrial development opportunities on the site.
3) P.Goal 1 states, "Promote efficient and cost effective delivery of
public facilities and services." Water service to the existing facility
is currently being provided by the North Weld County Water
District and the City of Greeley. Sewage disposal is currently
being provided through individual septic systems and the City of
Greeley, which is providing public sewer to the main terminal
building.
4) A.Policy 7 states, "Weld County recognizes the 'Right to Farm.' In
order to validate this recognition Weld County has established an
example covenant which should be incorporated on all pertinent
land use plats." The Departments of Planning Services and
Public Health and Environment will require the covenant to appear
on the recorded plat.
B. Section 6.4.4.6.3 - The uses which would 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 the Comprehensive Plan or Master Plans of affected
municipalities. The proposed Planned Unit Development allows for an
expansion of existing airport uses. The Department of Planning Services
believes that granting this Change of Zone will have a minimal impact on
the surrounding land uses.
C. Section 6.4.4.6.4 - The Planned Unit Development Zone District shall be
serviced by an adequate water supply and sewage disposal system in
compliance with the Performance Standards in Section 2 of the Planned
Unit Development Ordinance. Domestic water and water for fire
protection shall be provided by the North Weld County Water District and
the City of Greeley. Each lot for the proposed Planned Unit Development
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shall be served either by an on-site sewage system or the City of
Greeley. The Weld County Department of Public Health and
Environment has reviewed the proposed system and recommends
approval.
D. Section 6.4.4.6.5 - 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
Zone District. Crosier Avenue, which provides access to the airport from
State Highway 263, is a paved road which will have the capacity to serve
the proposed traffic flow. In addition, proposed "Airport Road," which will
serve the new terminal building, will be improved by Weld County and will
have the capability to serve the proposed traffic flow.
E. Section 6.4.4.6.7 - There has been compliance with the applicable
requirement contained in the Zoning Ordinance regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject
site. A portion of the proposed Change of Zone lies within the Flood
Plain. Any buildings which lie within this area must conform to the Weld
County Flood Hazard Overlay District regulations, as described in Section
53 of the Zoning Ordinance. The proposed rezoning does not contain the
use of any area 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
zoning of the property. Soil conditions on the site are not such that they
present moderate or severe limitations to the construction of structures of
facilities proposed for the site. The site lies completely within the
boundary of the Airport Overlay District. Any future construction that will
occur in the Planned Unit Development will be permitted through consent
of the Greeley-Weld County Airport Authority.
3. The submitted materials are in compliance with Section 6.3 of the Weld County
Planned Unit Development Ordinance, as follows:
A. Section 6.3.1 Environmental Impacts: The referral response from the
Weld County Department of Public Health and Environment indicates that
the application materials have adequately addressed all of the potential
impacts described in Section 6.3.1.2.1 of the Weld County Planned Unit
Development Ordinance.
B. Section 6.3.2 Service Provision Impacts: The applicant has satisfactorily
addressed the majority of service provision impacts in the application
materials. Assurance of adequate water and sewer service to the site will
be made through the attached Conditions of Approval.
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C. Section 6.3.4 Site Design: The proposal takes into consideration the
site's advantages and limitations, as well as the compatibility of the
development with adjacent sites.
D. Section 6.3.6 Proposed Signage: Any proposed signage shall conform to
Weld County standards for sign design.
E. Section 6.3.7 MUD Impacts: The proposed Change of Zone does not lie
within the Mixed Use Development area.
F. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed
Change of Zone does not lie within any Intergovernmental Agreement
area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of the Greeley-Weld County Airport Authority for a
Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development)
Zone District with C-3 through 1-3 uses on the above referenced parcel of land be, and hereby
is, granted subject to the following conditions:
1. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. The applicant shall submit to the Department of Planning Services a copy
of an agreement or Memorandum of Understanding between the City of
Greeley and the Greeley-Weld County Airport Authority regarding the
connection of future structures on the site to the City of Greeley's public
water and sewer lines.
B. The applicant shall submit evidence that all of the requirements of the
Union Colony Fire and Rescue Authority, as described in a letter dated
June 15, 1999, have been met.
C. The applicant shall submit copies of the various Landscape Plans which
have been proposed for the Airport site.
D. The plat shall be amended to delineate the following:
1) The current Right to Farm Covenant from the Weld County
Comprehensive Plan.
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2) The amended boundary of the proposed Planned Unit
Development and subsequent legal description which shall not
include that portion of the airport boundary which lies within the
City of Greeley's corporate limits.
3) Seventy-five feet of right-of-way from the centerline of State
Highway 263.
E. The following notes and information shall be delineated on the Change of
Zone plat:
1) This Change of Zone allows for C-3 (Commercial) to 1-3
(Industrial) uses which shall comply with the Commercial and
Industrial Zone District requirements as set forth in Sections 33
and 34 of the Weld County Zoning Ordinance. Other"airport-
specific" uses on-site which are not addressed in the Zoning
Ordinance district requirements for commercial and industrial
uses shall adhere to the standards described in the approved
application.
2) All liquid and solid wastes (as defined in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-101, C.R.S.) shall
be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
3) No permanent disposal of wastes shall be permitted at this site.
4) Waste material shall be handled, stored, and disposed in a
manner that controls fugitive dust, blowing debris, and other
potential nuisance conditions.
5) Fugitive dust shall be controlled on this site.
6) The uses of the development shall comply with the appropriate
permissible noise level as described in Sections 25-12-101
through 25-12-108, C.R.S..
7) Any underground or aboveground storage tanks located on the
development shall comply with the Underground Storage Tanks
and Aboveground Storage Tanks Regulations (7 CCR 1101-14).
8) Adequate toilet facilities shall be provided for the public and
employees.
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9) All pesticides, fertilizer, and other potentially hazardous chemicals
must be stored and handled in a safe manner as specified in
Section 25-8-2-5.5 Colorado Water Quality Control Act and Rules
and Regulations thereof.
10) The facility shall utilize the existing public water supply (North
Weld Water District) and/or the City of Greeley water supply when
it becomes available.
11) The facility shall maintain compliance with its Colorado
Stormwater Discharge Permit.
12) The application materials indicate some existing structures will be
removed. The facility must obtain any required demolition permits
from the Weld County Building Inspection Department and
conduct any asbestos-related inspections as required by
Regulation Number 8 of the Colorado Air Quality Control
Commission Regulations.
13) All future structures that require sewer service shall be served by
the City of Greeley sewer system.
14) In the event any existing septic system should no longer function
in accordance with the Weld County Individual Sewage Disposal
System regulations, the system shall be abandoned and the
structure that it was serving shall be connected to the City of
Greeley sewer system. Any abandoned septic system shall be
abandoned according to Weld County Individual Sewage Disposal
System Regulations.
15) Any signage located on the property shall require building permits
and shall adhere to Section 42.2 of the Weld County Zoning
Ordinance.
16) Additional accesses or expansion to existing accesses from State
Highway 263 shall be reviewed and approved by the Colorado
Department of Transportation.
17) The applicant shall contact the Colorado Department of
Transportation to determine the timing and nature of the required
traffic impact study.
18) 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.
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19) Installation of utilities shall comply with Section 12 of the Weld
County Subdivision Ordinance.
20) Outdoor storage shall be screened from public rights-of-way and
adjacent properties.
21) The Right to Farm Covenant, as stated in the Weld County
Comprehensive Plan, shall be recognized at all times.
22) Subsequent submittals associated with this Planned Unit
Development must address all issues discussed above, as well as
the questions and concerns of all responding referral agencies.
Comments made during this Change of Zone phase of the
Planned Unit Development and agency referral responses may
not be all-inclusive, as other concerns or issues may arise during
the remaining application processes.
23) The applicant shall comply with Section 8.7 of the Weld County
Planned Unit Development Ordinance as follows: "Failure to
submit a Planned Unit Development Final Plan - If a PUD Final
Plan application is not submitted within two (2) 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 submittal of the PUD Final Plan.
The Board may extend the date for the submittal 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."
3. Prior to the release of any building permits:
A. Building permit applications for each separate building shall include
foundations and structural drawings prepared by an engineer or architect
licensed by the State of Colorado. The building permit application shall
also include a Geotechnical Engineering Report.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ilme CUSED DATE OF SIGNING (AYE)
e K. Hall, Chair
Weld County Clerk to the Bt:r. ( � e
JJJJQ _J ( 4Allocj✓A
rbar . Kirkmeyer, Pr Tem•
Deputy Clerk to the Boardre
George axter
APPRO ED AS TO FOR •
. J. Gene
ounty Attorn y yu.ao Glenn Va d
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