HomeMy WebLinkAbout20092973.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1705 FOR AN EXTENSION OR EXPANSION OF A NON -CONFIRMING USE
(PRIVATE AIRSTRIP/AIRPORT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LAND AIRPORT, LLC
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, the Board of County Commissioners held a public hearing on the 4th day of
November, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Land Airport, LLC, c/o Lloyd Land, 6511 County Road 51,
Keenesburg, Colorado 80643, for a Site Specific Development Plan and Use by Special Review
Permit #1705 for an Extension or Expansion of a Non -Confirming Use (private airstrip/airport) in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lots A and B of Amended Recorded
Exemption #628; Subdivision Exemption #521; and
a parcel of approximately 4.989 acres identified as
parcel #130531100032; all located within the E1/2
of Section 31, Township 2 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on November 4, 2009, the Board deemed it advisable to
continue the matter to November 18, 2009, due to the continuance of the Planning Commission
hearing from October 6, 2009, to November 3, 2009, and
WHEREAS, at said hearing on November 18, 2009, the applicant was present and
represented by Vern Burke, 12948 West 1st Drive, Lakewood, Colorado 80228, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
2009-2973
PL2032 /
SPECIAL REVIEW PERMIT #1705 - LAND AIRPORT, LLC
PAGE 2
Section 22-2-20.A (A.Goal 1) of the Weld County Code states, "Respect
and encourage the continuation of agricultural land uses and agricultural
operations for purposes which enhance the economic health and
sustainability of agriculture." Section 22-2-20.B (A.Goal 2) of the Weld
County Code states, "Continue the commitment to viable agriculture in
Weld County through mitigated protection of established (and potentially
expanding) agricultural uses from other proposed new uses that would
hinder the operations of the agricultural enterprises."
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.N of the Weld County
Code provides for expansions/extensions of nonconforming uses as a
Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
surrounded by agricultural land. The existing Calpine Power Plant facility
is approximately one-half mile to the west of the site, and the nearest
residence is approximately one -quarter mile to the southeast of the site
(across County Road 51).
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with 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 and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is located within the three-mile referral area for
the Towns of Hudson and Keenesburg. The Town of Keenesburg
indicated no conflict with its interests, as stated in the referral dated
July 7, 2009. The Town of Hudson, in the referral dated July 8, 2009,
indicated no objection to the proposed USR and the Town desires to
discuss annexation if the property develops in the future.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, Divisions 1, 2, 3, and 4 of the Weld County Code. Effective
January 1, 2003, building permits issued on the proposed lots will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee Program. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
f. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts
g.
Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This permit is for an existing airstrip/airport facility. No
additional improvements are proposed for this site.
2009-2973
PL2032
SPECIAL REVIEW PERMIT #1705 - LAND AIRPORT, LLC
PAGE 3
h. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Land Airport, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1705 for an Extension or Expansion of a
Non -Confirming Use (private airstrip/airport) in the A (Agricultural) Zone District, on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The plat shall comply with Section 23-2-260.D of the Weld County
Code.
2) The attached Development Standards.
3) All sheets of the plat shall be labeled USR-1705.
4) The addition of the following note: "Weld County is not responsible
for the maintenance of drainage -related features."
5) The water quality feature drainage easement.
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral received July 13, 2009. Written evidence
of Public Works approval shall be provided to the Department of Planning
Services.
C. The applicant shall attempt to address the requests and requirements of
the Hudson Fire Protection District, as stated in the referral response
dated June 23, 2009. Written evidence of such shall be provided to the
Department of Planning Services.
D. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral received June 29, 2009.
Written evidence of such shall be provided to the Department of Planning
Services.
E. A Lighting Plan, including cut sheets of the existing lights, shall be
provided to the Department of Planning Services, for review and
approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, in accordance with Section 23-4-30.E of the
2009-2973
PL2032
SPECIAL REVIEW PERMIT #1705 — LAND AIRPORT, LLC
PAGE 4
Weld County Code, and shall adhere to the lighting requirements in
accordance with Sections 23-3-360.F and 23-2-250.D, of the Weld
County Code. Further, the approved Lighting Plan shall be indicated on
the plat.
F. The applicant shall submit a Dust Abatement Plan (for on -site dust), for
review and approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
G. In the event the applicant intends to utilize the existing septic system at
the office or one of the existing residences, for the airport uses, the septic
system shall be reviewed by a Colorado registered professional engineer.
The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized
or constructed, the system shall be brought into compliance with current
regulations.
H. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of the wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
SUP -440 (Commercial Fuel Alcohol Plant - approved in December 1980)
is located within the boundaries of this proposed USR. The applicant has
indicated this operation is no longer operated on the site. The
applicant/owner shall submit a letter formally requesting that SUP -440 be
vacated.
J. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
2009-2973
PL2032
SPECIAL REVIEW PERMIT #1705 — LAND AIRPORT, LLC
PAGE 5
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of November, A.D., 2009.
ATTEST: d.d>' ,''•±' 6!
Weld County Clerk to the
BY:
/1ti1 1I:ail C NV
Deputy Cler(c (o the Board
APPROVED AS -TO FORM:
County Attorney
Date of signature: I I c (L' 1
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY COLORADO
William F. Garcia, Chair
sjZ
Douglas ademache Pro-Tem
Seal P. Conway /
Barbara Kirkmeyer
EXCUSED
David E. Long
2009-2973
PL2032
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAND AIRPORT, LLC
USR-1705
1. The Site Specific Development Plan and Use by Special Review Permit #1705 is for an
Extension or Expansion of a Non -Conforming Use (private airstrip/airport) in the
A (Agricultural) Zone District, and is subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
4. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact Fee Program.
5. Off-street parking spaces, including the access drive, shall be surfaced with asphalt,
concrete, or the equivalent and shall be graded to prevent drainage problems.
6. The applicant shall utilize the existing paved access to the facility. No additional access
shall be granted.
7. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-40 of the Weld County Code.
8. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets, and no colored lights may be
used which may be confused with, or construed as, traffic control devices.
9. 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 which protects against surface and groundwater contamination.
10. 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.
11. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
12. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
2009-2973
PL2032
DEVELOPMENT STANDARDS - LAND AIRPORT, LLC (USR-1705)
PAGE 2
13. Any airplane or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the rules and regulations of the Water Quality Control
Commission and the Environmental Protection Agency.
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
16. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal System (I.S.D.S.) Regulations.
17. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
18. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing commercial well (Permit 90875).
19. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
20. All potentially hazardous chemicals must be stored secure, on an impervious surface,
and be handled in a safe manner in accordance with product labeling and in a method
which minimizes the release of hazardous air pollutants and volatile organic compounds.
21. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
22. This application is proposing a well as its source of water. The applicant shall be made
aware that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption and periodically over time.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2009-2973
PL2032
DEVELOPMENT STANDARDS - LAND AIRPORT, LLC (USR-1705)
PAGE 3
26. Weld County Government personnel 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.
27. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
28. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
2009-2973
PL2032
Hello