HomeMy WebLinkAbout992125.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-526
APPLICANT: Greeley/Weld County Airport Authority
ADDRESS: Mike Reisman, PO Box 727, Greeley, CO 80632
PLANNER: Ben Patton
REQUEST: PUD Change of Zone, described in 6 Blocks, including 1,190 acres to PUD with C-3/1-3 uses
LEGAL DESCRIPTION: Part of Sections 1, 2, and 3, Township 5 North, Range 65 West of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 263 & East of and adjacent to WCR 43
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 5.3 of the
Weld County Planned Unit Development Ordinance#197.
2. The submitted materials are in compliance with Section 6.4.3 of the Weld County Planned Unit
Development Ordinance#197 as follows:
A. Section 6.4.3.1.1 - That the proposal is consistent with the Comprehensive Plan, MUD
Ordinance if applicable, any Intergovernmental Agreement in effect influencing the PUD, and
the Weld County Zoning and Subdivision Ordinance. 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-
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) I.Goal 1/C.Goa11, "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, "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
992125
RESOLUTION, Z-526
Greeley/Weld County Airport
Page 2
recognition Weld County has established an example covenant which should be incorporated
on all pertinent land use plats." The Department of Planning Services and Health
Department will require the covenant to appear on the recorded plat.
B. Section 6.4.3.1.3 - That 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 PUD allows for an expansion of existing
airport uses. The Department of Planning Services believes that the granting of this change
of zone will have a minimal impact on the surrounding land uses.
C. Section 6.4.3.1.4-That the PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the Performance Standards in Section 2 of
this 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 PUD shall be
served either by an on-site sewage system or the City of Greeley. The Weld County Health
Department has reviewed the proposed system and recommends approval.
D. Section 6.4.3.1.5 -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 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 6.4.3.1.7 - That 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 does lie
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 does lie completely within the boundary of the Airport Overlay District. Any future
construction that will occur in the PUD will be permitted through consent of the Airport
Authority.
3. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts: The referral response from the Weld County Health
Department indicates that the application materials have adequately addressed all of the
potential impacts described in Section Ei.3.1.2.1 of the Weld County Planned Unit
Development Ordinance (Ordinance 197).
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.
RESOLUTION, Z-526
Greeley/Weld County Airport
Page 3
C. Section 6.3.4 Site Design: The proposal takes into consideration the sites' 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.
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 entities.
The PUD Change of Zone to allow expanded PUD C-3 to I-:3 uses is conditional upon the following:
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 Memo of Understanding between the City of Greeley and the Airport Authority regarding
the connection of future structures on the site to the City of Greeley's public water and sewer
lines. (Dept. Of Planning Services)
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. (Dept. Of
Planning Services).
C. The applicant shall submit copies of the various Landscape Plans which have been proposed
for the Airport site. (Dept. Of Planning Services)
D. The plat shall be amended to delineate the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive Plan.
(Dept. of Planning Services)
2) The amended boundary of the proposed PUD and subsequent legal description
which shall not include that portion of the airport boundary which lies within the City
of Greeley's corporate limits. (Dept. Of Planning Services)
3) Seventy-Five feet of Right-of-Way from the centerline of State Highway 263.
(CDOT)
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"
RESOLUTION, Z-526
Greeley/Weld County Airport
Page 4
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. (Dept. of Planning Services)
2) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-101, C.R.S., as amended) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
(Health Dept.)
3) No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
4) Waste material shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
5) Fugitive dust shall be controlled on this site. (Health Dept.)
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., as amended.
(Health Dept.)
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). (Health Dept.)
8) Adequate toilet facilities shall be provided for the public and employees. (Health
Dept.)
9) All pesticides, fertilizer, and other potentially hazardous chemicals must be stored
and handled in a safe manner. Reference 25-8-2-5.5 Colorado Water Quality
Control Act and Rules and Regulations thereof. (Health Dept.)
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. (Health Dept.)
11) The facility shall maintain compliance with its Colorado Stormwater Discharge
Permit. (Health Dept.)
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.
(Health Dept.)
13) All future structures that require sewer service shall be served by the City of Greeley
sewer system. (Health Dept.)
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. (Health
Dept.)
RESOLUTION, Z-526
Greeley/Weld County Airport
Page 5
15) Any signage located on the property shall require building permits and shall adhere
to Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
16) Additional accesses or expansion to existing accesses from State Highway 263 shall
be reviewed and approved by the Colorado Department of Transportation. (CDOT)
17) The applicant shall contact the Colorado Department of Transportation to determine
the timing and nature of the required traffic impact study. (CDOT)
18) The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Health Department, and the Weld
County Department of Planning Services. (Dept. Of Planning Services)
19) Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Dept. of Planning Services)
20) Outdoor storage shall be screened from public rights of way and adjacent properties.
(Dept. of Planning Services)
21) The Right To Farm Covenant, as stated in the Weld County Comprehensive Plan,
shall be recognized at all times. (Dept. of Planning Services)
22) Subsequent submittals associated with this PUD must address all issues discussed
above, as well as the questions and concerns of all responding referral agencies.
Comments made during the Change of Zone phase of the PUD and agency referral
responses may not be all-inclusive, as other concerns or issues may arise during the
remaining application processes. (Dept. Of Planning Services)
23) The applicant shall comply with Section 8.7 of the Weld County Planned Unit
Development Ordinance (Ordinance 197) 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. (Dept of Planning
Services)
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.
(Building Inspection)
RESOLUTION, Z-526
Greeley/Weld County Airport
RESOLUTION, Z-526
Greeley/Weld County Airport
Page 6
Motion seconded by Michael Miller.
VOTE:
For Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on July 20, 1999.
Dated the 20th of July, 1999.
l 101917 KIVA
Jennifer Mehring
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 20, 1999
Page 3
dirt roads and the quality of homes to be built.
Cristie Nicklas asked if the streets in Carmacar Ranchettes are maintained by Weld County. Don Carroll,
Public Works, answered that the streets in Carmacar Ranchettes are maintained by Weld County.
Mr. Leeburg stated that an Interior Roads Improvement Agreement along with a Landscape Improvements
Agreement would be completed as part of the Final Plan. He said that they can reduce the building envelopes
size and move them up to 125 feet south. The applicants are requiring high quality development and would
be willing to consider excluding modular, manufactured and mobile homes. Mr. Leeburg added that because
this is a low density development, there shouldn't be a great increase of dust.
The Vice-Chairman asked Mr. Leeburg if he was in agreement with the Conditions of Approval. Mr. Leeburg
stated he was in agreement but would like to correction of the amount of open space and that they would be
willing to move the development to the south 125 feet.
Arlan Marrs moved that Case Z-527, be forwarded to the Board of County Commissioners along with the
Conditions of Approval, recommending that the applicant consider reducing the size of the building envelopes
and moving the building envelopes further away from fur Avenue, with the Planning Commissions
recommendation of approval. Cristie Nicklas seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-526
APPLICANT: Greeley/Weld County Airport
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of Sections 1, 2, and 3, T5N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from Agricultural to PUD (Airport).
LOCATION: North of and adjacent to Weld County Road 43; bisected by Weld County Road 62
(extended).
Ben Patton, Department of Planning Services, presented Case Z-526. Changes to the preliminary comments
have been made and new comments are final. Ben gave an overview of the application and stated that the
Department of Planning Services is recommending approval of the application, along with the Conditions of
Approval. Ben then read the recommendation into the record.
Mike Reisman, applicant, stated that he would like it recognized that the airport is under different
circumstances in comparison to other cases. He added that the airport has a unique relationship with both
Weld County and the City of Greeley.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Adam Bunah, Francis Energy, explained that they have oil wells on the airport property, and wanted to make
sure that their rights as an oil company will be maintained with this proposal. He also stated that they are
willing to work with the airport and are not opposed to this proposal.
Mr. Reisman commented that the area that the oil wells are on are not changing in this proposal.
The Vice-Chairman asked Mr. Reisman if he was in agreement with the Conditions of Approval. Mr. Reisman
stated he was in agreement.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 20, 1999
Page 4
Stephan Mokray moved that Case Z-526, be forwarded to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commissions recommendation of approval. Michael Miller seconded
the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Cristie Nickles, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Jack lEpple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Town of Keenesburg IGA
APPLICANT: Town of Keenesburg /Weld County
PLANNER: Anne Best Johnson
REQUEST: Keenesburg Intergovernmental Agreement
Bruce Barker, County Attorney, presented the Keenesburg Intergovernmental Agreement. Bruce explained
that the Town of Keenesburg has approved the agreement itself. The agreement does not require annexation,
an agreement for annexation or a letter from the town stating they don't have to annex. This agreement
provides a referral to the Town or to the individual to discuss the right to annex into the Town.
John Quartus, Mayor of the Town of Keenesburg, stated that this agreement helps to define the working
relationship between Weld County and the Town of Keenesburg. He added the reason why the Town of
Keenesburg has never forced anyone to annex into the Town was because of the shortage of their water
supply. They want to make sure they can supply a sufficient amount of water.
Fred Walker asked if any of the surrounding property owners from both the town and the county into discuss
this agreement. Mr. Quartus replied that they held open meetings but they did not properly notify each
surrounding property owner; however, it was published in the paper.
Arlan Marrs asked Mr. Quartus how they determined the size of their urban growth area. Mr. Quartus
answered that the urban growth is defined as a half a mile from the end of their water and sewer lines.
Another two and half mile radius where Weld County will notify the Town with the activities going on and allows
for their input.
Arlan Marrs asked what this agreement will have to offer the county land owners in that area. Mr. Quartus
replied that both the Town and County will be well notified if there is activity taking place.
Bruce stated that the benefit would be the acknowledgment that public water and sewage will be provided
within the urban growth area. He added that another benefit would be that there is flexibility to amend this
agreement to change the map.
Arlan Marrs stated that he has concerns for the surrounding land owner's who will be suddenly included into
this agreement. The land owners should be notified for their approval of this agreement.
Fred Walker commented that he agreed with Arlan that the surrounding property owners should be notified
of this agreement.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Stephan Mokray moved that the Town of Keenesburg IGA, be forwarded to the Board of County
Commissioners recommending notification of the surrounding property owners by the County, with the
Planning Commissions recommendation of approval. Bruce Fitzgerald seconded the motion.
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