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HomeMy WebLinkAbout820715.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AIRSTRIP. WITH HANGAR FACILITIES - MARTIN LIND 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 2Oth .day of October., . 1982, at the hour: of 2: 00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Martin Lind, 686.3 Weld. County Road 60, Windsor, Colorado 80550, for a Use by Special Review for an airstrip with hangar facilities, on the following described real estate, to-wit: Part of the Nh, Section. 32, Township 6 North, Range 67 West of the 6th. P.M. , Weld County, Colorado WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the: Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with appli- cation requirements of Section 24>.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has . shown compliance with Section. 24.4.2 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with comprehensive plan. policies in.:that:.the use does not appear to infringe on the continued'. agricultural use in. the 'vicinity or County. The proposal does not allow urban uses to expand in a rural area. b) The Windsor Planning Commission approved of this proposal in a meeting dated September 2, 1982. c) The proposal is consistent with the intent of the. agricultural zone district and is provided for as a Use by Special Review. 82071s al- 41 /�� d4jg7 Page 2 RE: USR - MARTIN LIND d) The activities and improvements proposed will be compatible with existing residential uses in the neighborhood. The proposal will not have a signi- ficanit. traffic impact in the area or neighborhood. Further, this proposal will be compatible with future. development. The future development is intended. to. be agricultural in nature. e) No Overlay Districts affect the site. f) Use by. Special Review Operations and Design Stand- ards 'provide adequate protection ,of the health, safety and welfare to the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for an airstrip with hangar facilities on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Standards for Use by Special Review be adopted; 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A..D. , 1982. 1 /) `LQ4U � BOARD OF COUNTY COMMISSIONERS ATTEST: (�nw; 7 WELD COUNTY, COLORADO Weld County Cleric and Recorder u44_, r)yJp and-Clerk to the Bo ��hhh _ Martin, an 1!17: �1--�--v�.!X��-C..K-'',V i . J 7eputy County Clerk C uck- Carlson, Pro-Tem APP VED AS TO FORM: Norman Carlson T EXCUSED County Attorney Cr W. Kirby EXCUSED June. K. Steinmark DATE PRESENTED: October 25, 1982 I 1 _ s g • i jc 7 e O~ 8 ft 1 )9 y, 1'4 a Y f`t FII . �'-,k,E_,__, j_________11 1 I gi _As S Lg I I > • i ,__. 11 P \''' \N. 5 cu 7 co 8 \ 7cn � i 11 I igo 1 �- • i ,:j iF. IRI �. ' 1 �„ 'r. I I �i3 ii 1 / iii, t:411 .. —.�• - L_ it " 1 _ I'' S ' ►l1'`. • • t I • 1 i. . 1 i mss in) .....-- ----- -- :-._ _�/ --\ 1 I 1 Fil ✓///^'''�'???1fi S .III' G I'll /�JI.. \' ____i l SO 1 A S 1- i ttt •t �— 6 �i�t+ _ .01 ia I +d �Ititr '1!1 •�`� relttgg '-fib ii 3* 1, s5- • 1 I'll Pig li it uk I� ;IL � e� ij ! ith!+ C milt iili t._ .li ...a ii i' i� 11 : !+ ii ;;�± I liar AI i.t i Ii� , qit si} :173i }i3 If`i it t}iii I'ti I Hi 1111 i` , i I 1 1.Ida=at ! ii ii h ��� i' i 111 i=im „I i, it am ll 1ih iii i .: - ' • - III ttt O O . C6, ' A public hearing was conducted on Stober`20 , 1982 at 2: 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER , EXCUSED JUNE STEINMARK COMMISSIONER , EXCUSED Also present: ACTING CLERK TO THE BOARD, JEANNETTE SEARS ASSISTANT COUNTY ATTORNEY, LEE MORRISON PLANNING DEPARTMENT REPRESENTATIVE,ROD ALLISON The following business was transacted: I hereby certify that pursuant to a notice dated October 4, 1982, duly published October 7, 1982 in the LaSalle Leader, a public hearing was held on the request of Martin Lind for a Use by Special Review for an airstrip with hangar facilities. The Planning Commission recommended that this request be approved with operation standards. Mr. Allison announced that the plot plan has been corrected, as requested by the Planning Commission. Mr. Martin Lind stated that this airstrip was built for private use and he has been approached by two individuals to use the site. Mr. find commented on the FAA regulations. The airstrip runs in an EastMWest direction. John Barry was present, representing George Rosenoff, Jr. and Barbara Rohweder, who are owners of property immediately East of the location of the air strip proposed by Mr. Lind. The clients concern stems from the fact that the enlargement showing the location of the Lind property fails to designate the boundary line between the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter of said Section #32. The clients are owners of record of the Southeast Quarter of the Northeast Quarter, and from the map submitted by Mr. Lind it is unclear whether the proposed hangar is to be built in the Southeast Quarter of the Northeast Quarter or the Southwest Quarter of the Northeast Quarter. The parcel in the Southeast Quarter of the Northeast Quarter which lies West of County Road #17 is presently the subject matter of a lawsuit between Mr. and Mrs. Frank Lind and Mr. Barry's clients. Tape change 82-83 Mr. Barry asked that the access be from County Road #15 only. Mr. Morrison commented on the accesses. Mr. Lind :said that this is an agricultural purpose. Commissioner C. Carlson stated that he would not restrict the access to County Road #15 only. After further discussion, Commissioner C. Carlson made a motion to approve the request with Planning Commission's conditions and operation standards. Commissioner N. Carlson seconded the motion and it carried unanimously. SUBDIVISION EXEMPTION #166: MARTIN LIND: Approval of this application would allow the applicant to adjoin a 5.18 acre, more or less, parcel of land to an airstrip in order to accomodate a hangar for the airstrip as just approved-above. The Planning Staff recommended that this request be approved. The applicant was present. Commissioner C. Carlson made a motion to approve this request. Commissioner N. Carlson seconded the motion and it carried unanimously. • —>�/J/U%sri C IRMAN /� t BOARD OF. COUNTY COMMISSIONERS ATTEST: (. PttPn4/UZGny WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD 11x ,�.� •.`� BY: De County Clerif DOCKE' #' 82-63 TAPE# 82-82 andi82-83 LHR 2149 ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: DOCKET NO. 82-61 - DON KEHN CONSTRUCTION INC. - OPEN CUT GRAVEL PIT-USR DOCKET NO. 82-62 - DON KEHN CONSTRUCTION INC. - ASPHALT BATCH PLANT-USR DOCKET NO. 82-63 - MARTIN LIND - USR - AIRSTRIP WITH HANGAR FACILITIES DOCKET NO. 82-65 - WESTERN PAVING. CONSTRUCTION CO. -OPEN-CUT OPERATION - USR PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. ANE ADDRESS HEARING ATTENDING v kiesi .- .- UJelA, Ci, CI & iD LoN� o�,-\- fi'z 65 c( -/tai c ch c Lh ct.c c.HI; ,Ll 6 C c, kwo ✓ L a_2/ 9 C,i cle ZS,ILLain y 1. , h 1 Z -65' r (art P7) girl (3gC1 Lerkr{ a (( sro CNd ) , -ik 0414 o+1 s1 /.,po y1/4/ 6Y A✓c 7 &'v e 82 - CoS �J �g3 Ca'xd (O (e)/.71-0.;e0 £'' - CS -O r "-,.%!�( /7 2 7-t" /61-crR cc r- e%y 8 z ^ 6/ NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-63 APPLICANT Martin Lind 6863 Weld County Road 60 Windsor, Colorado 80550 DATE: October 20, 1982 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - An airstrip with hangar facilities LEGAL DESCRIPTION Part of the N', Section 32, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS - WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: October 4, 1982 PUBLISHED: October 7, 1982 in the LaSalle Leader / /./_ Affidavit of Publication STATE OF COLORADO, ss. County of Weld, LEGAL NOTICE I, Aye/. d_- 7, of NOTICE said County of Wield being duly-sworn say that ,t fo Mie zonin I am publisher of MinnaK g laws of the � / State of Colorado and the Wad L�. c <Z --U CRAIN Zoning Ordinance,a public hearing win be bag in the iCMm• that the same is a weeny newspaper of general bee of the Board of County circulation prrd\ p!ant,d and published :n the Commissioners of Weld county, _y�! � Colorado,Weld County Centennial town of =�C2- o.//:t-/Ze--- Canter, CIS 10th Street Greeley,. __- in said county and slate; ihct the notice or cdver Colorado,at the time specified.AR - persons in any memorMtermtedte tisement, of which the annexes is a true copythe OW , requested Byto model Review are has been published in said weekly newspaper rents. end and may be for _consecutive weeks: that th- not ICE' c vas published in the BE IT ALSO KNOWN that the pit and maps so'certified by the Weld regular and entire issue of every number of said County Planning Commission may newspaper dtuinq the period and time of PubL be examined in BU office of the Clerk to the Board of County cation of said notice and in the newspaper Commissioners,located M the Weld proper and not in a su f;County Centennial Center,MS 10th supple men. thereof. ::at the Street Third me Greeley,Colo• first publication of said rot ce was contained in r the issue of said//newspaper bearing. date tha DOCKET NO.82-63 APPLICANT 7 day of /vdr A D 19 D v�,.Z and the last publm aticn thereof in the issue of Martin Ro Road Lind 6843 Weld Coup said n wspaper bearing date, the 7 day c. wham.,OOIRadoao5so ////yy LATE: October SA Ian! 19.a-that the said TIME: 2:N P.M.REQUEST:Use By Special Review ,{_ An airstrip with hanr z 1 J2,l,�o, <j<�pt j facilities LEGAL DESCRIPTION. has been published cactinocusly and uninterrupt- Part of the NM, Section &,Town- edly during the period ai at least fifty-two con- secutive weeks next prior to the first issue thereof smPeNor h,Range fy West of me Rhl P.M.,Weld county,Colorado- containing seta notice or advertisement above BOARDOF COUNTY referred to; and that said newspaper was at the COMMISSIONERS WELD COUNTY.COLORADO time of each of the publications of said notice. BY:MARY ANN FEUERSTEIN duly qualified for that purpose within the mean - WELD COUNTY CLERK AND fug of an act, entitled, 'An Act Concerning Legal RECORDER AND CLERK TO THE BOARD Notices, Advertisements and Publications, and BY:Bette M.Poem,Deputy the Fees of Printers and Publishers thereof, and DATED: October.4, ME Published M they Se ft Leader, - to Repeal all Acts and Parts of Acts In Conflict Thursday'October 7.Mt with the Provisions of this Ac;." approved April 7, 1921, and all amendments thereof, and particu- larly as amended by an act approved, March 30, 1923, and an act approved ,ay 19. 1931. 71 Publisher Subscribed nd sworn to bettors me this ._2.. day of .. - a ... ..__.... A.D.. 13J✓. f, My commission expires /7 - '-'f(. _ r/ Notary Public Affidavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) (rstPcsc); that the notice was published in the regular and entire issue of every number of said h ear• of the.Board of Co my com- newspaper during the period and time of publication of missioners of Weld County, Col- orado, Weld County Centennial said notice, and in the newspaper proper and not in a Colorado 915 10th then tune specifiedlAll supplement thereof; that the first publication of said persons in any manner interested in the Use By Special Review are notice was contained in the issue of said newspaper requested to attend and may be heard. bearing date BE IT ALSO KNOWN that the text and maps so certified by the Weld County planning Commission Seventh may be examined In the office of the Clerk to the Board of the County Commissioners,located in the Weld day of Oc tether A.D. 19 82 County Street, ThrdnFllooral eGreelenter, y Col- and the last publication thereof; in the issue of said orao. DOCK newspaper date the DOCKET NO.:S2-63 - bearing APPLICANT:W MayonLind d Win Weld County Road 60 Windsor,Cdlorado 10550 DATE:October 20,1982 Seven th TIME:2:00 P.M. REQUEST: Use by Special Review day of Oc fob ES_ _A.D. 19_82_, —An airstrip with hangar facilities LEGAL DESCRIPTION: that said The Greeley Daily Tribune and The Greeley Township 6 North,NW, Section 67 West 32, Republican, has been published continuously and the 6th P.M., Weld County, Col- uninterru tedl during the orado. p y period of at least six BOARD OF COUNTY COMMISSIONERS months next prior to the first issue thereof contained WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN said notice or advertisement above referred to; that said WELD COUNTY CLERK AND RECORDER AND newspaper has been admitted to the United States K TO fiW THE BOARDAltic mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 7, 1982 Total charge: $13. 63 • Advertising Clerk Subscribed and sworn to before me this 7th day of October A.D. 19 82 M/_commissipn expires ; A �; Pd'dtary Public - adz BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date September 21, 1982 Case No. USR # 527:82:42 APPLICATION OF Martin Lind ADDRESS 6863 Weld County Road 60, Windsor, Colorado 80550 Moved by Bob Ehrlich 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 an airstrip with hangar facilities located on the following described property in Weld County, Colorado, to-wit: Part of the N1, Section 32, T6N, R67W of the 6th P.M. , Weld County, Colorado be recommended (favorably) ( *) to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with comprehensive plan policies in that the use does not appear to infringe on the continued agricultural use in the vicinity or County. The proposal does not allow urban uses to expand in a rural area. - The Windsor Planning Commission approved of this proposal in a meeting dated September 2, 1982. Motion seconded by Ed Reichert Vote: For Passage Norman Peterson Against Passage Fred Otis - Abstained Bill Diehl Jack Holman Bob Ehrlich Ed Reichert Bob Halleran Jerry Kiefer The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good , Recording Secretary of 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 September 21, 1982 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 22 day of September , 1982 • ias COUNTY CnflSSISNUt p.fit*►+ C?{g ea Secretary \\ SEP 29 ?982 a trLr.Ortrt. USR-527:82:42 Martin Lind An airstrip with hangar facilities Part of the N1, Section 32, T6N, R67W of the 6th P.M. , Weld County, Colorado Page 2 - The proposal is consistent with the intent of the agricultural zone district and is provided for as a use by special review. - The activities and improvements proposed will be compatible with existing residential uses in the neighborhood. The proposal will not have a significant traffic impact in the area or neighborhood. Further, this proposal will be compatible with future development. The future development is intended to be agricultural in nature. - No Overlay Districts affect the site; - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare to the neighborhood and County. The Planning Commission recommendation is based upon the following conditions: 1. The attached Standards for Use by Special Review be adopted; 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. RA:rg OPERATIONS STANDARDS Martin Lind USR-527:82:42 1. The permitted uses on the hereon described parcel shall be an airstrip to accomodate a maximum of two (2) agricultural crop spraying operations, the applicant's personal use, and two (2) hangars as described in the application materials and plat on file with the Department of Planning Services. 2. The method for storage and disposal of pesticide containers shall be sanctioned by the Environmental Protection Agency and the Colorado Department of Agriculture. 3. Design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance shall be complied with. 4. Operations Standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance shall be complied with. 5. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applic- able Weld County Regulations. Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 6. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated standards may be reason for revocation of the Permit by the Board of County Commissioners. RA:rg ,.X 7tM--•Oita eft © .ai KAROWSKY, WITWER & OLDENBURG Oct 3 1 .. 1; CHARLES A.KAROWSKY SUItE 550,GREELEY NATIOlt PLAZA STOW L.WITWER,JR. NINTH AVENUE AND EIGHTH STREET R.SAM OLDENBURG GREELEY,COLORADO 8063/3999 BETSY B.KAROWSKY AREA CODE 303 JOHN J.BARRY 3523181 October 15, 1982 Board of Weld County Commissioners P. 0. Box 758 Greeley, CO 80632 Re: Air strip and hangar use by Special Review Permit in part of the North Half of Section 32, Township 6 North, Range 67, West of the 6th P.M. Dear Commissioners: This office represents George Rosenoff, Jr. and Barbara Rohweder, who are owners of property immediately East of the location of the air strip proposed by Mr. Martin Lind. My clients and I were present at the Planning Commission hearing held on September 21, 1982, in which Mr. Lind presented his proposal to the Planning Commission. Apparently Mr. Lind submitted a map at that time, but I have only recently had an opportunity to review the map. Mr. Lind proposed placement of the air strip along the southern boundary line of the Northwest Quarter of the said Section 32. The hangar is apparently to be built upon property which it was indicated was owned by Martin Lind's aunt and uncle, Mr. and Mrs. Frank Lind. The map submitted by Mr. Lind, a copy of which I enclose herewith, indicates that his relatives' property apparently borders directly upon County Road 17. It was shown at the Planning Commission hearing, that the Lind property did not border upon County Road 17, as the only access to the Lind property was by way of a road which dissected the property owned by my clients, Rosenoff and Rohweder. In behalf of my clients, I must take exception to the map submitted by Mr. Lind. Initially, I must point out that the map does not designate by whom it was prepared. Moreover, the map appears to be inaccurate since it shows that the property owned by Mr. and Mrs. Frank Lind borders upon County Road 17. The particular concern of my clients stems from the fact that the enlarge- ment showing the location of the Lind property fails to designate the boundary line between the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter of the said Section 32. My clients are the U n IWt, Board of Weld County Commissioners October 15, 1982 Page 2 owners of record of the Southeast Quarter of the Northeast Quarter, and from the map submitted by Mr. Lind it is unclear whether the proposed hangar is to be built in the Southeast Quarter of the Northeast Quarter or the Southwest Quarter of the Northeast Quarter. The parcel in the Southeast Quarter of the Northeast Quarter which lies West of County Road 17 is presently the subject matter of a lawsuit between Mr. and Mrs. Frank Lind and my clients. A resolution of that lawsuit may take quite some time. Mr. Lind proposes placement of his hangar upon property which is presently the subject matter of a lawsuit, I believe that the Board's granting of a permit would be premature until the question of ownership of that property has been resolved. If Mr. Lind is intent upon building the hangar upon property owned by Mr. and Mrs. Frank Lind, then the map which he has submitted is inaccurate, since it re- flects that the Lind property borders upon County Road 17. In any event, I feel that before the Board can properly decide this matter, it must have before it an accurate map which has been signed by the party making the survey, which designates the section lines involved, and which precisely reflects the property upon which the proposed hangar is to be built. Yours very truly, KAROWSKY, WITWER & OLDENBURG J n J. B,2 / jea Enclosure cc: George Rosenoff, Jr. Barbara Rohweder . • 1) �i: ' • _ �_ o o Sewage Disposal ., - ' ' - - .nee ,Er\ i b••94tr ' •• - ' ' • ir..\:\ kii ` l 29 28 So 1 Ili K ➢V •5O0 ••• o • \.. . t • ( • 4775 .>y S ' 1 c L \ ( • .\,..„.. ) • 41 y TT ` va\l . r• ci 2 ] ``\ ,\\O I ti ti o �•enos 31 I\ .tctfew, 3 _ ,y. �� 33\ a II S wool 9 •.97I... i , �..- ` \. I • -- . /•114•0 • -r.9•t. _ ki97D i . • .\ J ,y-s)/ ••~ ` `/ . \ \� \\ — 6 Dao,.,- f \ 5 /�` 1 r• c. Okt.Lv,•. ..._ / 1 / / :4","" ., , ca r ) ' it4ITY MAP ' g' hi89' 3g: E too so 9 ' / 1 . • • coo' 0 0 d. -0 Hat lAES .• • .1 RI FUEL ill I. 1a.r_S P Ron1 u,,,..(,.6 0 2° -r- ,:4- l O ,^�,uc2RAI-IDLE to M N 0 0 S I o N RuNv4A.Y ___---/i J _zoo. ;7; . }4AP &SR pflA DETAIL S \ Is Vp1 \ I '...tI Fyyz o I f r\l'. . \ %. i r 0 JN 4 f a O III I 400 coL N P -t 0 I -$ _ 0 ., i nr+ ER6- 2.npgpn A. R. lA£PER`S (neagaE \ . f �b1�3S t-J \ e 69.34 v� ,r7,i 3. ^.caM(... vpW[.�t� \\\N 410o _ ..... JWDR:. Attar 1. FR•(E Date: SLptember 21. 1982 CASE NUMBER: USR-527:82:42 NAME: Martin Lind REQUEST: An airstrip with hangar facilities LEGAL DESCRIPTION: Part of the N1, Section 32, T6N, R67W of the 6th P.M. LOCATION: 1.5 miles south of Windsor on Weld County Road 17 THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with comprehensive plan policies in that the use does not appear to infringe on the continued agricultural use in the vicinity or County. The proposal does not allow urban uses to expand in a rural area. - The Windsor Planning Commission approved of this proposal in a meeting dated September 2, 1982. - The proposal is consistent with the intent of the agricultural zone district and is provided for as a use by special review. - The activities and improvements proposed will be compatible with existing residential uses in the neighborhood. The proposal will not have a significant traffic impact in the area or neighborhood. Further, this proposal will be compatible with future development. The future development is intended to be agricultural in nature. - No Overlay Districts affect the site; - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare to the neighborhood and County. The Department of Planning Services staff recommendation is based upon the following conditions: 1. The attached Standards for Use by Special Review be adopted; 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. RA:rg • • on, 01 nit OPERATIONS STANDARDS Martin Lind USR-527:82:42 1. The permitted uses on the hereon described parcel shall be an airstrip to accomodate a maximum of two (2) agricultural crop spraying operations, the applicant's personal use, and two (2) hangars as described in the application materials and plat on file with the Department of Planning Services. 2. The method for storage and disposal of pesticide containers shall be sanctioned by the Environmental Protection Agency and the Colorado Department of Agriculture. 3. Design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance shall be complied with. 4. Operations Standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance shall be complied with. 5. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applic- able Weld County Regulations. Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 6. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated standards may be reason for revocation of the Permit by the Board of County Commissioners. RA:rg \9AkH Aot-eNnt rig 2O-jija "AP- CASE SUMMARY SHEET Case Number: USR-527:82:42 Size of Parcel: Martin Lind Request : A Use by Special Review Permit for an airstrip with hangar facilities Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The town of Windsor has reviewed this proposal and recommends approval. The airstrip will be primarily used by an air-crop spraying operation. The Federal Aviation Administration has no objections to the airstrip and ' recommends some improvements. (See letter dated June 15, 1982) RA:rg FIELD CHECK FILING NUMBER: USR-527:82:42 DATE OF INSPECTION: September 10, 1982 NAME: Martin Lind - - -- REQUEST: A Use by Special Reiv_ew Permit or_an airstrip_ with hangar facilities LEGAL DESCRIPTION: Part of thesis, Section 32. TEN,_R67W of the 6th P.M. LAND USE: N Ray field __----- E weld ('.nttnty Rnad 17 S Agricultural Production and orn crop W Hay field. - ZONING: N__Agriculture LOCATION: 1.5 miles south of Windsor and west of E Agriculture Weld County Rnad 17 S Agriculture W Agriculture _ COMMENTS: The subject property slopes to the southwest. The airstrip runs from east to west. Access to the site is from Weld County Road 17. Chemicals for spraying are located on the subject site. - BY: /2/ i Rod Allison, Current Planner RA:rg APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 p Case NumberUJ f 5.17• •.•Li 1. Date Received Aua Ili / ! 0 Z Application Checked by q_A- 1 Application Feet/t:te`' Receipt Number /7y55i Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before. the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:( Jill Section 32 T 6 N, R67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed:,. N1/2 Section 32 T 6 N, R 67 W Property Address (if available) PRESENT ZONE Agricultural OVERLAY ZONES None TOTAL ACREAGE \-34v- PROPOSED LAND USE Air Strip EXISTING LAND USE Agricultural - dry land Crop SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Jack C. Abbott Address: P.O. Box 1207 city Evergreen, CO Zip 80439 Home Telephone # 674-6326 Business Telephone # Unknown Name: Janice H. Abbott Address: 440 East 850 South City Orem, Utah zip 84057 Home Telephone # Unknown Business Telephone # Unknown Name Frank W. and Ann Lind Address: 30561 WUR 11 city Windsor, Colorado Zip 80550 Home Telephone # 686-2554 Business Telephone # Same APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Martin Lind Address: 6863 WCR 60 City Windsor, CO Zip 80550 Home Telephone # 686-2905 Business Telephone # Same Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Union Pacific Railroad Company — Mineral Reservation Address: City Zip C. Jack/Abbott and Elizabeth R. Abbott, Lessors Name: Address: P.O. Box 1207 City Evergreen, CO Zip 80439 Name: Coral Gulf Exploration Corporation, Lessee Address: Unknown City Unknown Zip Unknown SEE ATTACHED MEMORANDUM OF TITLE I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) (- STATE OF COLORADO ) �/ v' 2 ��, • ignature: Owner-Q Au hor•zed Agent Subscribed and sworn to before me this 4thday of June 19 82 . SEAL "Y\Cw-,c.. A \.' ,„4..t.:-..v, NOTARY P[tLIC 1235 Riverside Drive Fort Collins, CO 80524 My commission expires September 20, 1985 7P � �� R�.y) ,A t ; w n,. *.yry£"",'Y4._. ` i ?,gy'"' 4..J., t-R!'F��y`I i ...F z ' �r,' " _+47'11 4 r , � ` 4."+l` ".. }9yT par Iy‘ri ♦0733 �J * S.1 < i'•.1` l 11.44' 4 _ oF at.// ()\ } [7 x✓. . _ <• ,IS :' !i' yam. K. r^CC F.: 1 `` `1"..., \ h f e{ G' wTiS m",�VMP I 1� �iir..lw_ l .•qt ..' .y , .y a W ►. ° _ ^ 4F. 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'. w �� el��lih�1 •�. sk e` ' r • Scci, icc, i h y Sr C- - lgld ,tz^ a v - e _ s.,� s4 r sr4$ ,' is ..a;3r w.x.#x I 'Sr; r # ,. awn ,&Ma : % I ,'71 �'s- „. 2.„,,,,„, ;....„„ ..,,,,,, .,.. . ,,,.. •Se, ✓ Et, tc " Y 4e4,444;. l it �u — . .1.41„, 4r I W&'K 3 Y ,, J tei-si ,,,. u,r +.� n'' 's Nt. ,• I .T • ..y. :. ,. , „. ' 4I ^y1 . 1.:,. . .... • l •t" a tits„ vT i S T ., a • !?t _ - _7 ,, .-t.� : . E_ r •: sy 3 i.. <Y Ys STATEMENT OF APPLICANT In reply to the request for Statements set forth in the Procedural Guide for Use by Special Review Application, Section 24 Weld County Zoning Ordinance , Weld County Planning Commission, 910 10th Street , Greeley, Colorado , Applicant states as follows : 1 .a . The proposed air strip is consistent with the Weld County Comprehensive Plan in that the area of location for the air strip is zoned agricultural , and the main purpose of the air strip is for use by agricultural aerial spray planes . l .b. The proposed air strip is consistent with the intent of the district in which the USE is located in that the area is zoned agricultural and the proposed air strip will enhance the present zoning. 1 . c . The proposed air strip will be compatible with the existing surrounding land USES in that the existing land use of all properties adjacent to the proposed air strip are agricultural in nature, and the air strip would provide local service for aerial spray planes . l . d. The proposed air strip would be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPREHENSIVE PLAN of the COUNTY in that the area is zoned agricultural , and will remain agricultural as projected by the PLAN. The proposed air strip does not lie within the Master Plan of Windsor. 1 .e . The proposed air strip is not located within any overlay districts , and therefore , said proposed use and Applica- tion are not affected by the Weld County Zoning Ordi- nance , Section 50 , Overlay District Regulations . l . f . The proposed air strip would be located in the "A" District and Applicant will conserve the agricultural production surrounding the proposed air strip as best as can be done , using no more land than necessary and/or required by regulation to construct the proposed air strip. l .g . The proposed air strip will not endanger the health, safety, and welfare of the inhabitants of the NEIGHBOR- HOOD and the COUNTY. Dated this 4th day of June , 1982 . Martin Lill Applicant DE. RIPTION OF PROPOSED AIR S' .P The following is a detailed description of the proposed air strip : 5 .a . The proposed operation would be used as an air strip for ( 1 ) Applicant ' s personal use ; ( 2 ) agricultural aerial spray planes ; and ( 3 ) parachute jumper planes . ( 1 ) Applicant is a pilot and would benefit personally by the proposed air strip. It would be economically convenient for him to fly his private plane from this point . (2 ) The proposed air strip would be an asset to the surrounding farming community in that it would offer a more convenient local landing strip for aerial spray planes . Applicant has been approached by Crop Air of Eaton. Said organization sprays over 30 ,000 acres in the area surrounding the proposed air strip . Windsor Aerial Applicators has also expressed an interest in using the proposed air strip as their home base. They currently use the Loveland/Fort Collins Airport , but air traffic at the commercial airports make it difficult for an agricultural spray plane to operate efficiently. Windsor Aerial Applicators spray about 20 ,000 acres in this area . ( 3 ) Applicant has been approached by parachute organ- izations concerning use of the proposed air strip . They have shown an interest in a private strip as opposed to the current commercial airports . The proposed air strip will be 3 ,700 feet long and 100 feet wide , it will run from east to west , and it be bordered with grass to prevent the ground from blowing. The ground is very hard packed and crowned for safe mud free operation. 5 .b. The nearest residential structure is 2 ,000 feet to the east and north of the proposed air strip . Said resident is Applicant ' s uncle , and he has no objection to the proposed air strip. 5 . c . Not Applicable . 5 .d. Not Applicable . 5 .e . No item e. appeared on the application. 5 . f. Not Applicable . 5 . g. Applicant proposes to erect two hangers in the future ( i .e . pole barns ) . One hanger will be approximately 30 feet by 80 feet , and the second hanger will be approximately 60 feet by 60 feet . The hangers will be located east and north of the proposed runway. For exact location please refer to the map. 5 .h. The proposed air strip will not significantly change the type , size , weight and frequency of vehicular traffic and access routes that will be utilized. There will be approximately five ( 5 ) water truck trips per week during the summer spray season. 5 . i . Not Applicable. 5 . j . Not Applicable . 5 .k. Not Applicable. 5 . 1 . Not Applicable . 5 .m. Not Applicable . 5 .n. Not Applicable . 5 . o . The proposed air strip would be located within the Windsor Fire Protection District . SUPPORTING INFORMATION 7 .a . The Lease between Landowner and Applicant authorizes Applicant to sign the Application. 7.b. The Applicant will not be using water in his proposed operation. 7. c . A copy of the Lease giving Applicant an interest in the property is attached hereto. 7. d. A noise report is not applicable for this proposed use . The nearest residence is within 2 ,000 feet and the resident makes no objections . The other surrounding area to the proposed air strip is dryland . 7 .e . A soil report is not necessary, said report being waived by Rod Allison during meeting with Applicant on May 5 , 1982 . 8 . Attached is a copy of the Department of Transportation, Federal Aviation Administration, determination letter dated June 15 , 1982 . Ztt'ndoor oleud o'ppeicatoro, One. P.O. BOX 99 - WINDSOR, COLORADO 80550 PHONE 6867772 June 29, 1982 Martin Lind Windsor, Colorado Re: Use of Airstrip Dear Martin: It is my intention to use the airstrip located on your farm as as base of operations for agricultural spraying in the Weld County- Larimer County area. - If you have any questions, please let me know. Very truly yours, Jerry D. Thompson, President Windsor Aerial Applicators, Inc DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Denver Airports District Office 10455 East 25th Avenue Aurora , Colorado 80010 ° ! z (Suite 203) JUN j 5 ',dear �Nrila�i` Mr. Martin Lind Route 1 , Box 26 Windsor, CO 80550 Dear Mr. Lind: An airspace analysis has been completed on your proposed estab- - lishment of a private landing strip (Lind Airfield) near Windsor, Colorado. The Federal Aviation Administration has no objection to establishment of the airfield from an air traffic or airspace utilization standpoint. We do recommend that you consider some safety improvements to the proposed layout, particularly in relation to the power lines on the east side. The runway alignment and touch-down threshold should be located to assure a 20:1 (20' horizontal to l ' vertical ) obstruction-free approach surface. This approach surface should also clear adjacent roads by 10 feet. Sincerely, , c,c4e...k.412x--1.Harold W. Rugg State Engineer WEST & WINTERS 77�� lltfc*neys at -Eau ) WILLIAM L. WEST P. O. BOX 127 JERRY D. WINTERS FIRST NATIONAL BANK BUILDING SUITE 301 CRAIG STIRN 1025 NINTH AVENUE GREELEY, COLORADO 8O631 September 16 , 1982 PHons 3O3 • 352-4805 HAND DELIVERY •Mr . Rod Allison Weld County Planning Dept. /— ` County Services Building SEP 16 1962 Greeley , CO 80631 ! �NgqR�I��,,�}} gy�pp¢¢ J RE : Martin7kind' '� use�mbyspecial Review for Airstrip Dear Mr . Allison: This office represents Albert L . Frye , a property owner immediately south of and adjacent to the proposed air strip , as well as east of the proposed strip. On behalf of Mr . Frye we wish to enter our objection to the granting of the use by special permit . Among the ob— jections which we have are : 1. Possible restriction on the location and height of structures . 2 . Possible restrictions on future development of the property. 3 . Lower property values because of the noise, dust and other matters associated with the operation of the air strip . 4 . The bulk storage of hazardous chemicals . S . Parking and ground traffic problems associated with its use for parachutists . 6 . Safety . Weld County and the City of Greeley have committed sizeable funds to the improvement of the Weld County airport . One of the primary reasons given for these improvements was the need for increased safety. To allow uncontrolled air strips to spring up around the county seems inconsistent with air safety. Mr . Rod Allison September 16 , 1982 Page Two • We would appreciate your noting , our objections in the staff report to the planning commission . We plan to be present for the hearing . Very truly yours , WEST & WINTERS WM. L . West cc : Mr . AiberL L. Frye 3508 Atlantic Avenue Long Beach , CA 90807 711F5115P2r11, 1\tt Sr? 16 19 /r Weld Co. Manning Commission MAILING LIST USR-527:82:42 Martin Lind Frank & Ann Lind - 30561 Weld County Road 17 Windsor, CO 80550 Billy & Patricia Shutts 817 South Colorado Road 5 Fort Collins, Colorado 80525 Lawrence & Gladys Jeffers 7942 East U.S. Highway 34 Loveland, Colorado 80537 Luftta Rosenoff 415 West Myrtle Street Fort Collins, Colorado 80521 Barbara A. Rohweder 105 South Zephyr Street Lakewood, Colorado 80226 George Rosenoff, Jr. 1008 Engleman Place Loveland, Colorado 80537 Eastman Kodak Company Kodak Colorado Division Windsor, Colorado A New Jersey Corporation Bldg. C-11 Windsor, Colorado 80550 Frances LaBue, Trustee 7205 Weld County Road 62 Windsor, Colorado 80550 Albert L. Frye 3508 Atlantic Avenue Long Beach, California 90807 Kenneth & Leone Thayer 8420 SE Frontage Road Fort Collins, Colorado 80525 Jack Abbott P.O. Box 1207 Evergreen, Colorado 80439 Janice H. Abbott 440 East 850 South Orem, Utah 84057 Hello