HomeMy WebLinkAbout20092975.tiffINVENTORY OF ITEMS FOR CONSIDERATION
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Applicant
Land
Case Number USR-1705
Submitted or Prepared
Prior to
Hearing
At
Hearing
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Staff Comments
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Department of Planning Services Field Check Form
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Letter to Applicant
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Legal Notifications
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2
Application
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Maps
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Deed/ Easement Certificate
Surrounding Property / Mineral Owners
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Utilities
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Referral List
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Referrals without comment
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Town of Keenesburg referral received 7/7/2009
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Colorado Division of Wildlife received 7/6/2009
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Referrals with comments
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Weld County Department of Public Works referral received 7/13/2009 (2 pages)
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Weld County Department of Public Health and Environment referral received
9/28/2009 (3 pages)
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Weld County Department of Building Inspection referral received 7/9/2009
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Weld County Code Compliance referral received 7/22/2009
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Town of Hudson referral received 7/8/2009
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Hudson Fire Protection District referral received 6/23/2009
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Colorado Division of Water Resources referral received 6/29/2009 (2 pages)
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Surrounding Property Owners/Mineral Owners - Letters
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PC Exhibits
A
Sign Posting Certificate ( "k uu u..., :I:, C_,N.„ ,tj )
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B
Letter from Pamela Simpson dated 6/24/2008
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Letter from Pamela Simpson dated 7/22/2008
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D
Letter from Pamela Simpson dated 7/24/2009
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Fax from Pamela Simpson dated 7/28/2009
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Fax from Pamela Simpson dated 8/21/2009
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G
Letter from James Gooding received 10/30/2009
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21a Gemmission Resolution -
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Property Owner/Mineral Owner Notification Letter
EXHIBIT
2009-2975
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I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Chris Gathman = Planner
avri • COLORADO
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Case Number
Applicant:
Address:
Request:
Legal Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
USR-1705 Hearing Date: October 6, 2009
Lloyd Land
6511 County Road 51, Hudson, CO 80643
A Site Specific Development Plan and a Special Review Permit for an extension
or expansion of a Non -Conforming Use (private airstrip/airport) in the A
(Agricultural) Zone District
Parcels 1-4; located in the E2 of Section 31, Township 2 North, Range 64 West
of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 16 and west of and adjacent to County
Road 51
+/- 75 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Public Health and Environment, referral received 8/6/2009
▪ Weld County Department of Public Works, referral received 7/13/2009
• Office of State Engineer — Division of Water Resources, referral received 6/29/2009
• Colorado Division of Wildlife, referral received 7/6/2009
• Weld County Zoning Compliance, referral received 7/22/2009
▪ Town of Keenesburg, referral received 7/7/2009
• Weld County Department of Building Inspection, referral received 7/9/2009
• Hudson Fire Protection District, referral received 6/23/2009
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Department of Transportation
• Brighton/SE Weld Soil Conservation District
EXHIBIT
USR-1705, Land 1
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COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR-1705 Hearing Date: October 6, 2009
Applicant: Lloyd Land
Address: 6511 County Road 51, Hudson, CO 80643
Request: A Site Specific Development Plan and a Special Review Permit for an extension
or expansion of a Non -Conforming Use (private airstrip/airport) in the A
(Agricultural) Zone District
Legal Description:
Location:
Parcel Size:
Parcels 1-4; located in the E2 of Section 31, Township 2 North, Range 64 West
of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 16 and west of and adjacent to County
Road 51
+/- 75 acres Parcel Number: 130531000026,130531000027,
130531000028,130531100032
Summary: This facility was originally brought before the Board of County Commissioners as a violation
case (ZCV-08-00132) for expansion of a non -conforming use by installing or expanding a new runway.
The Board of County Commissioners determined that this was not a violation and dismissed the case at
their September 10, 2009 hearing. The applicant was encouraged by the Board of County Commissioners
to apply for a Use by Special Review Permit for the facility. The applicant has indicated that no further
buildings or improvements are anticipated at this time and no plans at this time to expand the level of
airport activity. The applicant collects and restores airplanes has indicated that he may expand his
collection of airplanes to 15
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
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 23-2-220.A.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 23-2-220.A.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 % mile to the west of the site. The nearest
residence is approximately'/. mile to the southeast of the site (across County Road 51).
D. Section 23-2-220.A.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 3 -mile referral area for the Towns of
Hudson & Keenesburg. The Town of Keenesburg indicated they had no conflict with their
interests as stated in their referral dated July 7, 2009. The Town of Hudson, in their
referral dated July 8, 2009 indicated they have no objection to the proposed USR and
would like to discuss annexation if the property develops in the future.
E. Section 23-2-220.A.5 -- The application complies with 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 Road Impact Program. (Ordinance 2002-11)
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. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
G. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. This special use
permit is for an existing airstrip/airport facility. No additional improvements are proposed
for this site.
H. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
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.
(Department of Planning Services)
USR-1705, Land 3
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1705. (Department of Planning
Services)
4. Add the following note: "Weld County is not responsible for the maintenance of
drainage related features." (Department of Public Works)
5. The water quality feature drainage easement shall be indicated on the plat.
(Department of Public Works)
B. The applicant shall address the requirements of the Department of Public Works as
stated in their referral received July 13, 2009. Written evidence of Public Works approval
shall be provided to the Department of Planning Services. (Department of Public Works)
C. The applicant shall attempt to address the requests/requirements of the Hudson Fire
Protection District dated June 23, 2009. Written evidence of such shall be provided to the
Department of Planning Services. (Hudson Fire Protection District)
D. The applicant shall address the requirements of the Colorado Division of Water
Resources as stated in their referral received June 29, 2009. Written evidence of such
shall be provided to the Department of Planning Services. (Division of Water Resources)
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 per Section 23-4-30.E of the
Weld County Code and shall adhere to the lighting requirements in accordance with
Section 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. (Department of Planning Services)
F. The applicant shall submit a dust abatement plan, for on site dust, for review and
approval, to the Environmental Health Services, Weld County Department of Public
Health & 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, 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 systems 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 & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed (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 withdrawn. (Department of Planning Services)
J. The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 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 Recorder by Department of Planning Services' Staff. 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. (Department of Planning Services)
4 The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(o�co.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
USR-1705, Land 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lloyd Land
USR-1705
1. The Site Specific Development Plan and Special Use Permit is for an extension or expansion of a
Non -Conforming Use (private airstrip/airport) in the A (Agricultural) Zone District, and subject to
the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
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.
(Ordinance 2005-8 Section 5-8-40). (Department of Planning Services)
4. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
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. (Department of Public Works)
6. The applicant shall utilize the existing paved access to the facility. No additional access shall be
granted. (Department of Public Works)
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. Sources of light, including light from high -temperature processes such as combustion or welding,
shall be shielded so that light rays will not shine directly onto adjacent properties where such
would cause a nuisance or interfere with the use on the adjacent properties; and
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. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of
Public Health and Environment)
15. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
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 Systems. (Department of Public Health and Environment)
17. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing commercial well. (Permit 90875) (Department of Public Health and
Environment)
19. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
20. All potentially hazardous chemicals must be stored secure, on an impervious surface and
handled in a safe manner in accordance with product labeling and in a method that minimizes the
release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).
(Department of Public Health and Environment)
21. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
22. This application is proposing a well as its source of water. The applicant should be made aware
that while they may be able 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, etc. Also, the applicant should be made aware that groundwater may not meet
all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
25. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
26. Personnel from the Weld County Government 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 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.
USR-1705, Land 7
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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.
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COLORADO
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September 16, 2009
DEPARTMENT OF PLANNING SERVICES
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-61O0, Ext. 3540
FAX: (970) 304-6498
Land Airport LLC
Lloyd Land
6511 CR 51
Keenesburg CO 80643
Subject: USR-1705-A Site Specific Development Plan and Use by Special Review Permit for an Extension or Expansion
of a Non -Conforming Use (private airstrip/airport) in the A (Agricultural) Zone District on a parcel of land described as
Parcel 1-5, located in the E2 of Section 31, T2N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 6, 2009, at 1:30 p.m. This meeting
will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. A
subsequent hearing will be held on November 4, 2009 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10'" Street, First Floor, Greeley, Colorado. It is recommended
that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board
of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate
owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with
written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission
hearing. You may view the staff report at www.co.weld.co.us/departments/planninq/Planning/plan current
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS October 24, 2009. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN
THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1705 IN THE A (AGRICULTURAL) ZONE DISTRICT.
CHRIS GATHMAN
Name of Person Posting Sign
C%
Signature of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this)
WITNESS my hand and official seal.
Notary Public
My Commission Expires: w J9I J O
BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
EXHIBIT
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44tr.
111k.
June 22, 2009
Land Airport LLC
Lloyd Land
6511 CR 51
Keenesburg CO 80643
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: USR-1705 - Request for a Site Specific Development Plan and Use by Special Review Permit for
an extension or expansion of a non -conforming use (private airstrip/airport) in the A (Agricultural)
Zone District on a parcel of land described as Parcel 1-5, located in the E2 of Section 31, T2N,
R64W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I will schedule
a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown an
attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Hudson and Keenesburg
Planning Commission for their review and comments. Please call Hudson at 303-536-9311 and Keenesburg
at 303-732-4281 for further details regarding the date, time, and place of this meeting. It is recommended
that you and/or a representative be in attendance at the Hudson and Keenesburg Planning Commission
meeting to answer any questions the Commission members may have with respect to your application.
If you have any questions concerning this application, please call.
Respectfully,
Chris Gathman
Planner
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FIELD CHECK
inspection dates: 9/25/2009 & 10/23/2009
APPLICANT: Land Airport, LLC CASE #: USR-1705
REQUEST: A Site Specific Development Plan and a Special Review Permit for an extension or
expansion of a Non -Conforming Use (private airstrip/airport) in the A (Agricultural) Zone
District
LEGAL: Lot A of Amended Recorded Exemption 628, Lot B of Amended Recorded
Exemption 628, Subdivision Exemption 521, and a parcel of land of
approximately 4.989 acres identified under parcel # 1305 31 100032; all located
in the E2 of Section 31, T2N, R64W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 16 and west of and adjacent to CR 51.
PARCEL ID #: 130531000026,130531000027, 130531000028,130531100032
ACRES: +/- 75 acres
Zoning
Land Use
N
A
N
Vacant land
E
A
E
Vacant land
S
A
S
Agricultural land (Single Family residence % mile to
the south)
W
A
W
Agricultural land (Calpine facility to Southeast)
COMMENTS:
Existing single-family residence and airport facility on property. Existing access/driveway for residence
and airport on property.
Chris Gathman - Planner Ill
Hello