HomeMy WebLinkAbout20062521 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Eleanor Fransen Trust Case Number USR-1559
do William and Linda Snyder
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Fitzgerald Field Check Form
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate
Surrounding Property/Mineral Owners X
Utilities X
Surrounding Property Owners X
3 Referral List X
`• 4 Referrals without comment
N. 5 Referrals with comments
Weld County Zoning Compliance, referral received May 2, 2006 X
Weld County School District RE-3, referral received May 3, 2006 X
Brighton/SE Weld Soil Conservation District, referral received May 3, 2006 X
Weld County Department of Public Works, referral received May 10, 2006 X
Weld County Sheriffs Office, referral received May 17, 2006 X
Southeast Weld County Fire protection District, referral received May 22,
2006
Weld County Department of Building Inspection, referral received May 23, X
2006
Weld County Department of Public Health and Environment, referral X
received May 30, May 18, 2006
Greeley-Weld Airport Authority, referral received May 30, 2006 X
State Engineers Office, Division of Water Resources, referral received X
May 31, 2006
N. 6 PC Exhibits
2006-2521
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I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Kim Ogle + Pia er
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LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Planner: Kim Ogle
Case# : USR-1559 Hearing Date: July 18, 2006
Applicant: Eleanor Fransen Trust
c/o William and Linda Snyder
Request: A Site Specific Development Plan and a Special Review Permit for an airstrip (non-
commercial and private) in the A(Agricultural)Zone District.
Legal: Lots A&B of RE-3865, part of the S2 NE4 of Section 29,T2N, R62W of the 6th P.M.,Weld
County, Colorado.
Location: West of and adjacent to CR 77; approximately 1/2 mile north of CR 16.
Parcel #: 1301 29 100031 Parcel Size: 80 +/-acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is 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 Zoning Compliance, referral received May 2, 2006
• Weld County School District RE-3, referral received May 3, 2006
• Brighton/SE Weld Soil Conservation District, referral received May 3, 2006
• Weld County Department of Public Works, referral received May 10, 2006
•
Weld County Sheriffs Office, referral received May 17, 2006
•
Southeast Weld County Fire protection District, referral received May 22, 2006
• Weld County Department of Building Inspection, referral received May 23, 2006
•
Weld County Department of Public Health and Environment,referral received May 30, May 18,2006
• Greeley-Weld Airport Authority, referral received May 30, 2006
• State Engineers Office, Division of Water Resources, referral received May 31, 2006
The Department of Planning Services'staff has not received responses from the following agencies:
• Colorado Division of Wildlife
• State of Colorado Oil and Gas Commission
• Federal Communications Commission
USR-1559 Snyder 1 EXHIBIT
I �-_
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(K�/\ SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Kim Ogle
Case# : USR-1559 Hearing Date: July 18, 2006
Applicant: Eleanor Fransen Trust
do William and Linda Snyder
Request: A Site Specific Development Plan and a Special Review Permit for an airstrip (non-
commercial and private) in the A(Agricultural)Zone District.
Legal: Lots A& B of RE-3865, part of the S2 NE4 of Section 29,T2N, R62W of the 6th P.M.,Weld
County, Colorado.
Location: West of and adjacent to CR 77; approximately 1/2 mile north of CR 16.
Parcel #: 1301 29 100031 Parcel Size: 80 +/-acres
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 22-2-150 B.1 (C.Goal 2) states
"ensure the compatibility of commercial land uses with adjacent land uses."As proposed,the
airstrip shouldn't have an adverse impact on the surrounding properties.
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.F of the Weld County Code provides for Airstrips 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 surrounding area is dryland with nine homes in the vicinity.Given
that the airstrip is limited to the private use of the property's owners there should be limited
impact on the surrounding homeowners.
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
USR-1559 Snyder 2
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site does not lie within the referral area of a municipality.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The far western property line associated with the site is within the flood overlay district, as
delineated on the FIRM Community Panel maps,dated 1982. Conditions of approval ensure
that construction of the east west secondary runway addresses flood plain issues. The site
is also currently participating in the CRP, Conservation Reserve Program.
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.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.The site is designated"High
Potential Dryland, prime if they become irrigated"by the NRCS Soil Conservation Services
and the Important Farmlands of Weld County map dated 1979.. However,no irrigation water
exists.
G. 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) All pages of the plat shall be labeled USR-1559 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) Primary and Crosswind or Secondary airstrips as indicated in application materials.
(Department of Planning Services)
4) County Road 77 is classified by the County as a local gravel road with a 60 foot right-of-
way, 30 feet each side of section line. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way can not be verified, it shall
be dedicated. (Department of Public Works)
B. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
2. 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
USR-1559 Snyder 3
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 thirty(30)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)
3. 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 maosco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall submit Form 7480-1 Notice of Landing Proposal to the Federal Aviation
Administration. Written evidence of approval shall to submitted to the Department of Planning
Services for review prior to the release of building permits or operation. (Greeley-Weld Airport
Authority)
5. Prior to the Release of Building Permits:
A. The applicant shall submit a letter of approval from the SE Weld Fire Protection District for the
construction of any new structure. Written evidence of approval shall to submitted to the
Department of Planning Services. (Department of Building Inspection).
B. The applicant shall submit a letter from the SE Weld Fire Protection District stipulating the Fire
District has reviewed and approved the proposed plans for fuel storage and containment
associated with this proposed facility. Written evidence of approval shall to submitted to the
Department of Planning Services. (SE Weld Fire Protection District)
C. The applicant shall submit written evidence of compliance with the Weld County Farm Service
Agency for all lands associated with this parcel that are within the Conservation Reserve
Program. (Department of Planning Services)
6. Prior to the issuance of a Certificate of Occupancy:
A. An individual Sewage Disposal System(I.S.D.S.)Is required for the proposed residence and shall
be installed according to the Weld County individual Sewage Disposal regulations. (Department
of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County individual Sewage Disposal regulations. (Department of Public
Health and Environment)
7. 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-1559 Snyder 4
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
William & Linda Snyder
USR-1559
1. The Site Specific Development Plan and Special Use Permit is for an airstrip (non-commercial and
private) in the A(Agricultural)Zone District,as indicated in the application materials on file 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. 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 & Environment)
4. 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 & Environment)
5. 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 & Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health & Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health & Environment)
8. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Administration. (Department of Planning Services)
9. 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 & Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S., as amended. (Department of Public Health & Environment)
11. Adequate handwashing and toilet facilities shall be provided.(Department of Public Health &
Environment)
12. Sewage disposal shall be 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 & Environment)
13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.(Department
of Public Health & Environment)
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
USR-1559 Snyder 5
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). (Department of Public Health & Environment)
15. 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 Works)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
17. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services)
18. The operation shall be limited to daylight hours. (Department of Planning Services)
19. The facility is limited to two aircraft per lot, for private use of the property's owner(s). (Department of
Planning Services)
20. A plan review is required for each building for which a building permit is required. Two complete sets
of plans are required when applying for each permit. Drawings for the hanger shall bear the wet stamp
of a registered architect or engineer. Plans shall include a floor plan. (Department of Building
Inspection)
21. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel
Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
22. The hanger will probably be classified a S-1 (Hanger), fire resistance of walls and openings,
construction requirements, maximum building height and allowable areas will be reviewed at the plan
review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.
(Department of Building Inspection)
23. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of construction
and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
24. A very small portion of the western property of the site lies within the flood overlay district. Application
materials indicate that the east/west secondary runway will be located over this area. All construction
or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency
FIRM Community Panel Map 080266 0925 C dated September 28, 1982, shall comply with the Flood
Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code.
(Department of Planning Services)
25. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion, recompletion, re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning Services)
26. Any change in name, ownership, owner's address or other substantial change will require notification
of the Federal Aviation Administration, NFDC on Form 5010-5. (Department of Planning Services)
USR-1559 Snyder 6
27. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
29. Weld County personnel shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Development Standards stated herein
and all applicable Weld County regulations.
30. 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.
31. 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.
USR-1559 Snyder 7
a DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE ie.'41 CttV 4209 CR
LONGMONT, COC 80504
PHONE: (720)652-4210, Ext. 8730
' FAX: (720)652-4211
111k.
COLORADO
April 26, 2006
Eleanor Fransen Trust
do Wm & Linda Snyder
7104 W 12 St
Greeley CO 80634-9722
Subject: USR-1559- Request for a Site Specific Development Plan and a Special Review Permit for an Airstrip in the A
(Agricultural)Zone District on a parcel of land described as Lots A& B of RE-3865, part of the S2 NE4 of
Section 29, T2N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for July 18, 2006, at 1:30 p.m. This meeting will take place in the Hearing
Room, Southwest Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you
and/or a representative be in attendance to answer any questions the Planning Commission members may have.
.. is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written
certification indicating the above requirements have 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. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is
the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
fi _RA- 4, g.1,14 asp
itin
Kim Ogle
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS JULY 8, 2006 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A
SPECIAL REVIEW PERMIT FOR AN AIRSTRIP (NON-COMMERCIAL AND PRIVATE) IN THE
A (AGRICULTURAL) ZONE DISTRICT.
KIM OGLE
Name of Person Posting Sign
Signamerson Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this A) day of , 2006.
WITNESS my hand and official seal.
5yTAO'`r1•
Notary Public TA, auG /O
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My Commission Expires: I°/ /VeleO 7
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'• y A PUBLIC HEARING CONCERNING
THISDAIOPERTY WILL BE HELL AT:
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FIELD CHECK Inspection Date: June 29, 2006
PLANNER: Kim Ogle
Case Number: USR-1559, Snyder
Zoning Land Use
N Agricultural N Residential on large agricultural tracts
E Agricultural E Residential on large agricultural tracts
S Agricultural S Residential on large agricultural tracts
W Agricultural W Vacant dry land agricultural tract
Comments:
Flat land currently vacant in dryland grasses on sandy soil. There is a tank battery, well
head and separator located midline of parcel on east-west axis approximately 500 feet
west of County Road 77. A domestic well head is in-situ approximately 600 feet north of
tank battery.
CR 77 is a local gravel road alignment of north-south with overhead power lines on east
side of right-of-way. Borrow ditches both sides of road. Existing access onto land is via
the oil and gas road that is unimproved and on compacted ground.
There are three houses east side of CR 77, one house adjacent to the North and one to
the South. No residential structures are directly west of this property. The land on axis
east to west is vacant with no improvements and aligns itself with the primary runway.
Signature
❑ House(s) ❑ Derelict Vehicles
❑ Outbuilding(s) o Non-commercial junkyard (list components)
Access to Property ❑ Irrigation Sprinkler
Crop Productions o Crops
Site Distance o Wetlands
❑ Mobile Home(s) o'Oil & Gas Structures
o Other Animals On-Site ❑ Wildlife
o Water Bodies o Utilities On-Site (transmission lines)
o Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
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