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HomeMy WebLinkAbout20092975.tiffINVENTORY OF ITEMS FOR CONSIDERATION • N • Applicant Land Case Number USR-1705 Submitted or Prepared Prior to Hearing At Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate Surrounding Property / Mineral Owners X Utilities 3 Referral List X Referrals without comment X Town of Keenesburg referral received 7/7/2009 X Colorado Division of Wildlife received 7/6/2009 X 4 Referrals with comments X Weld County Department of Public Works referral received 7/13/2009 (2 pages) X Weld County Department of Public Health and Environment referral received 9/28/2009 (3 pages) X Weld County Department of Building Inspection referral received 7/9/2009 X Weld County Code Compliance referral received 7/22/2009 X Town of Hudson referral received 7/8/2009 X Hudson Fire Protection District referral received 6/23/2009 X Colorado Division of Water Resources referral received 6/29/2009 (2 pages) X 5 Surrounding Property Owners/Mineral Owners - Letters N jp 6 PC Exhibits A Sign Posting Certificate ( "k uu u..., :I:, C_,N.„ ,tj ) X B Letter from Pamela Simpson dated 6/24/2008 X C Letter from Pamela Simpson dated 7/22/2008 X D Letter from Pamela Simpson dated 7/24/2009 X E Fax from Pamela Simpson dated 7/28/2009 X F Fax from Pamela Simpson dated 8/21/2009 X G Letter from James Gooding received 10/30/2009 X ?---_ 21a Gemmission Resolution - 8 Property Owner/Mineral Owner Notification Letter EXHIBIT 2009-2975 • • • 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 • • 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 • • • f 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 • • • 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. fi; i w • Wilk COLORADO • • 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 • • • 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 (0 A • • • • 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 • • 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