HomeMy WebLinkAbout20020328.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1364 FOR AN AIRSTRIP (HELICOPTER LANDING FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT - GINA RHOADS
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 27th day
of February, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Gina Rhoads, 5264 Weld County Road 16.75, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit#1364 for an
Airstrip (helicopter landing facility) in the A (Agricultural) Zone District on the following described
real estate, to-wit:
Block 26, Dream Acres, being a part of the NW1/4
of Section 25, Township 2 North, Range 68 West
of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Tim Rhoads at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. A.Goal
1 states, "Preserve prime farmland for agricultural purposes which foster
the economic health and continuance of agriculture." The parcel is
located in an area designated by the U.S.D.A. Prime Farmlands Map as
"Other" and the property is 15 acres in size, which is not conducive to
farming, so prime farmground will not be taken out of production.
UGB.Policy 2 states, "Land use development proposals within an urban
growth boundary area will be determined according to the procedure set
forth in an intergovernmental agreement between the County and the
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SPECIAL REVIEW PERMIT#1364 - GINA RHOADS
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municipality." The parcel is located in the Intergovernmental Agreement
(IGA) boundary for the Town of Frederick, and the applicant was referred
to the Town of Frederick prior to submittal of this application in
accordance with the requirements of the IGA between Weld County and
the Town of Frederick.
b. Section 23-2-230.B.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 and Airports as a Use by Special Review in
the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. There are several
homes located north of Weld County Road 16.75 and a home is located
on the parcel directly south of the applicant's property. A letter of
objection was received from the adjacent property owner to the south
who is concerned about safety issues, future expansion, use as a training
facility, and noise issues. These concerns have been addressed through
the Development Standards. A letter in support was received from the
owner of Block 21 of Dream Acres; however, the Frederick/Firestone Fire
Protection District has no concerns and the Federal Aviation
Administration (FAA) indicated the applicant has an approved airspace
analysis. The Weld County Department of Public Health and
Environmental has indicated the facility must adhere to the maximum
permissible noise levels allowed in the Commercial Zone District but the
routine operation of the helicopter is exempt from regulation per State
statue. The Meadowlark Business Park is located to the east which limits
the possibility that residential construction would occur in that area in the
future. There is an airstrip located approximately one-quarter mile to the
south of the applicant's parcel. The property is bordered on two sides by
the Town of Frederick which expressed no concern with this proposal
unless FAA requirements restricted further development in the area. The
applicant has indicated that approaches to the helipad will be from the
south or east, which is not above any of the neighboring houses. Based
on the comments from the various referral agencies, as well as the
indication that approaches will not occur over adjacent homes, the use
will be compatible with the existing surrounding land uses.
d. Section 23-2-230.B.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. The property is located in the IGA area for the
Town of Frederick. In its initial notice of inquiry, dated June 8, 2001, the
Town of Frederick indicated it would object if the FAA requirements would
limit development in the area. There is no indication from the FAA
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SPECIAL REVIEW PERMIT#1364 - GINA RHOADS
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referral that development in the area would be restricted by this proposal.
A follow up referral from the Town of Frederick, received November 19,
2001, indicated no conflict with its interests. The parcel does lie within
the three-mile referral area for the City of Dacono which indicated no
conflicts with its interests in a referral received November 20, 2001.
e. Section 23-2-230.6.5 -- The site does lie within the Geologic Overlay
District. All construction or improvements occurring in a geological
hazard area as delineated by the Colorado Geological Survey shall
comply with Overlay District requirements of Chapter 23, Article V,
Division 2 of the Weld County Code.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The property is not indicated as containing prime soils.
g. Section 23-2-230.6.7 -- 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 the health, safety, and
welfare of the inhabitants of the neighborhood and County. The applicant
will be required to maintain compliance with the FAA's regulations and
safety zones.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Gina Rhoads for a Site Specific Development
Plan and Use by Special Review Permit#1364 for an Airstrip (helicopter landing facility) in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which
refers to requirements for the Use by Special Review Permit Plan
Map.
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SPECIAL REVIEW PERMIT#1364 - GINA RHOADS
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2) The dimensions of the existing helipad shall be indicated, as well
as the dimensions of the future concrete pad.
3) A total of 30 feet from the centerline of Weld County Road 16.75
shall be delineated right-of-way on the plat.
B. The applicant shall submit to the Department of Planning Services any
forms required by the FAA for operation of the helipad including, but not
limited to, Form 5010-5, Airport Master Record.
3. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
4. Building permit BC-010096 for three decks shall be finalized by July 1, 2002.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTYRADO
,. __ATTEST: , 1/ �Ida%
Glgap Vaa$ Chair
Weld County Clerk to 8121
ft;
David E. Lo , Pro-T r
BY:
Deputy Clerk to the Bo . `27eil
M. J. JJ
AP OV AS TO FO
William H. Jerke
�nty Attorney EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
Date of signature: 3/-5
2002-0328
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GINA RHOADS
USR#1364
1. The Site Specific Development Plan and Use by Special Review Permit is for an Airstrip
(helicopter landing facility) in the A (Agricultural) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The airstrip shall only be utilized by a private helicopter owned or leased by the operator of
the airstrip.
4. The Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
5. Approaches and departures shall be from the south or east except in weather related
emergencies.
6. The airstrip shall be limited in use to aerial support services as described in the application
materials. Aerial support does not include any type of flying lessons/training.
7. All construction or improvements occurring in a geological hazard area, as delineated by
the Colorado Geological Survey, shall comply with Overlay District requirements of
Chapter 23, Article V, Division 2 of the Weld County Code.
8. The site shall maintain compliance at all times with the FAA Regulations.
9. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a"solid waste" in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
12. Fugitive dust shall be controlled on this site.
13. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S. This standard is not
meant to apply to the routine operation of the helicopter as the noise from the operation of
the aircraft is exempt from regulation per 25-12-103(4) C.R.S.
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DEVELOPMENT STANDARDS - GINA RHOADS (USR#1364)
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14. With the exception to an emergency situation, no maintenance that generates hazardous
waste of the aircraft shall be performed unless a Waste Management Plan has been
submitted and approved by the Weld County Department of Public Health and Environment.
15. Adequate toilet facilities shall be provided for the public.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment, Public
Works and Planning Services 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.
19. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
20. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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