The URL can be used to link to this page

Browse Search

Home My WebLink About20020330.tiff INVENTORY OF ITEMS FOR CONSIDERATION APPLICANT: Gina Rhoads CASE#: USR-1364 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Department of Planning Services'Staff Review X 3 Department of Planning Services' Field Check X 4 Legal Notice X 5 Letter to Mineral Owners X 6 Evidence of Posting X 7 Letter to Applicant X 8 Application X 9 Vicinity Map X 10 Site Map submitted by applicant X 11 Referral List, Referrals without Comments X 12 Weld County Department of Public Works referral received 12-06-01. X 13 Weld County Department of Public Health and Environment„ referral X received 11-30-01. 14 Town of Frederick, referral received 11-27-01. X 15 Weld County Zoning Compliance, referral received 11-27-01. X 16 Weld County Building Compliance, referral received 12-17-01. X 17 Deed(s)/Certificate of Conveyance X 19 Letter from Ron Warembourg received 12/17/01 X 20 Letter fromVirginia Brozovich received 12/21/01 X 21 Soil Survey X item(s)submitted at Planning Commission: 22 Letter from Ronald and Linda Burch, received 01/14/02 X 23 Letter from neighbor(confidential), received 01/10/02 X 24 Letter from Fred Greenfield, received 01/14/02 X 25 Letter from Andy Scott, Diane Petermann, received 01/14/02 X 26 FAA information provided by Marsha Hofer, received 01/14/02 X 27 Airport Master Record provided by Marsha Hofer, received 01/14/02 X ig exrsnt 2002-0330 L691132 r I hereby certify that the 27 items identified herein (Inventory of Items for Consideratio.-e pe # USR-1364) were submitted at or prior to the scheduled Planning Commission Hearing.I f rtherce ifyt tthte items ; e subsequently forwarded to the Weld County Clerk to the Board's Office. Lauren Light r' la n Page 1 fits WI D� LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1364 Planner: Lauren Light Hearing Date: January 15, 2002 Applicant: Gina Rhoads Address: 5264 Weld County Road 16 3/4 Longmont, CO 80504 Request: A Site Specific Development Plan and a Special Review Permit for an Airstrip (Helicopter Landing Facility) in the A (Agricultural) Zone District Legal Block 26, Dream Acres, Pt. of the NW4 of Section 25, Township 2 North, Range Description: 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 11, south of and adjacent to Weld County Road 16 3/4 Size of Parcel: 15 +/- 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 11/27/2001 Weld County Department of Public Health and Environment, referral received 11/30/2001 • Weld County Department of Public Works, referral received 12/06/2001 • Weld County Building Compliance, referral received 12/17/2001 • Colorado Division of Wildlife, referral received 12/06/2001 Frederick Firestone Fire Protection District, referral received 11/15/2001 • Federal Aviation Administration, referral received 11/16/2001 • Longmont Soil Conservation District, referral received 12/17/2001 • City of Dacono, referral received 11/20/2001 • Town of Frederick, referral received 11/27/2001 EXH�'T Page 2 I • (r . SPECIAL REVIEW PERMIT I K ADMINISTRATIVE REVIEW ink COLORADO Case Number USR-1364 Planner Lauren Light Hearing Date: January 15, 2002 Applicant: Gina Rhoads Address: 5264 Weld County Road 16 3/4 Longmont, CO 80504 Request: A Site Specific Development Plan and a Special Review Permit for an Airstrip (Helicopter Landing Facility) in the A (Agricultural) Zone District Legal Block 26, Dream Acres, Pt. of the NW4 of Section 25, Township 2 North, Range Description: 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 11, south of and adjacent to Weld County Road 16 3/4 Size of Parcel: 15 +/- acres Parcel Number: 1313 25 203001 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 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 Page 3 USDA 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 municipality." The parcel is located in the Inter Governmental Agreement boundary (IGA) 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 23-2-220.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 and Airports 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. There are several homes located north of Weld County Road 16 3/4 and a home is located on the parcel directly south of the applicants property. The Department of Planning Services has received a letter of objection from the adjacent property owner to the south who is concerned about safety issues,future expansion, use as a training facility and noise issues. Staff has tried to address those concerns through Development Standards. A letter in support was received from the owner of Block 21 of Dream Acres. Staff was initially concerned about the location of a helicopter landing facility in close proximity to existing homes due to noise and safety issues. However, the Frederick Firestone Fire Protection District has no concerns and the FAA indicated the applicant has an approved airspace analysis. The Weld County Department of Health and Environmental Services has indicated the facility shall 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 1/4 mile to the south of the applicants parcel. The property is bordered on two sides by the Town of Frederick which also did not have a 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, staff has determined the use will be compatible with the existing surrounding land uses. Page 4 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. The property is located in the IGA for the Town of Frederick. The Town of Frederick indicated in their initial notice of inquiry, dated June 8, 2001, they would object if the FAA requirements would limit development in the area. There is no indication from the FAA 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 their interests. The parcel does lie within the three mile referral area for the City of Dacono who indicated no conflicts with their interests in a referral received November 20, 2001. e. Section 23-2-220.A.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 23-2-220.A.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. r 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. The applicant will be required to maintain compliance with the Federal Aviation Administration's (FAA) regulations and safety zones. 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. The attached Development Standards for the Special Review Permit shall be adopted and placed on the 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. (Department of Planning Services) 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 special review permit plan map. ,•"-• Page 5 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 3/4 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. (Department of Planning Services) C. Building permit BC-010096 for three decks shall be finalized or withdrawn. (Weld County Building Compliance) 3. 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) /" Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GINA RHOADS USR-1364 1. The Site Specific Development Plan and Special Use 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. (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. The airstrip shall only be utilized by a private helicopter owned or leased by the operator of the airstrip. (Department of Planning Services) 4. One helicopter is allowed at the airstrip. (Department of Planning Services) 5. The Special Use Permit shall not be transferable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the r property to others for operation of the facility. (Department of Planning Services) 6. Approaches and departures shall be from the south or east except in weather related emergencies. (Department of Planning Services) 7. 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.(Department of Planning Services) 8. 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. (Department of Planning Services) 9. The site shall maintain compliance at all times with the Federal Aviation Administration regulations. (Department of Planning Services) 10. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment) 11. 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) Page 7 12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 13. Fugitive dust shall be controlled on this site.(Department of Public Health and Environment) 14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in 25-12-103, C.R.S., as amended (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., as amended) (Department of Public Health and Environment) 15. With exception to emergency conditions, no routine maintenance of the aircraft shall be performed. (Department of Public Health and Environment) 16. Adequate toilet facilities shall be provided for the public. (Department of Planning Services) 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 19. 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. 20. 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. 21. 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. DEPARTMENT OF PLANNING SERVICES PHONE (970FAX 4-6498 ) 353-6100, EXT.3540 N. 17 0) 0 1H AV ENUE ENUE COLORADO GREELEY, COLORADO 80631 November 13, 2001 Gina Rhoads 5264 WCR 16 3/4 Longmont CO 80504 Subject: USR-1364- Request for a Site Specific Development Plan and a Special Review Permit for an Airstrip (Helicopter Landing Facility)in the A(Agricultural)Zone District on a parcel of land described as Block 26, Dream Acres; part of the NW4 of Section 25,T2N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicant: 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 January 15,2002, at 1:30 p.m. This meeting will take place in Room 210,Weld County Planning Department, 1555 N. 17th Avenue,Greeley,Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. /1—*" Revised 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. 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 Dacono, Firestone, and Frederick Planning Commission for their review and comments. Please call Dacono at(303)833-2317,Firestone at(303)833-3291,and Frederick at(303)833- 2388 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 Dacono, Firestone,and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. Res ectfully, Lauren Light Planner EXHIBIT 7 -00 f '... • ANRIC IfA�p�.• •- ..TIw. *OP YNLL*$*CN1�1 W # AMN16,dill. .• '� a.Oillil►BMROIp- 1 ( 3( O1 • Y j 4 • 410_rY View from approximate location of helipad back to applicants house ' ,. l , Home located directly to the north of applicants house • View from applicants driveway to helipad +A s x sa Sc �.y aY..Y` s . - flr rnz`s View from applicants home to west View to the south r View to east, fence line is approximate location of helipad View to the north, house is directly across from helipad r St w View from applicants house to east, helipad is adjacent to metal bld. View of house located north of applicants house e , View from helipad to the west FIELD CHECK CASE NUMBER: USR-1364 DATE OF INSPECTION: .///27/0/ APPLICANTS NAME: Gina Rhoads PLANNER: Lauren Light REQUEST: Site Specific Development Plan and a Special Review Permit for an Airstrip(Helicopter Landing Facility) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Block 26, Dream Acres; part of the NW4 of Section 25, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to WCR 11; south of and adjacent to WCR 16 3/4. LAND USE: / N /LP/26d� ��G�/'�-F%-P�y2, td—e/. V p/�e0Q/ E 2P-2 o'eZt -Cf Qs�J 21-1 df2� 4— foe (0:6-zedt- r_e0 .0.77c2.14,7:rowed ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: ``// , y . P.C. Member EXHIBIT 3 �-. FIELD CHECK Inspection date: December 28, 2001 CASE NUMBER: USR-1364 APPLICANT: Gina Rhoads LEGAL Block 26, Dream Acres; Pt. of the NW4 of Section 25, Township 2 DESCRIPTION: North, Range 68 West of the 6th PM, Weld County, CO LOCATION: East of and adjacent to WCR 11; South of and adjacent to WCR 16 3/4 Zoning Land Use N A (Agricultural) N House E A (Agricultural) E Industrial Park S A (Agricultural) S Field W A (Agricultural) W Corn COMMENTS: There are numerous homes located adjacent to WCR 16 3/4. Applicants property is located from WCR 11 to the end of WCR 16 3/4. Helipad is located away from all homes except for one located directly to the north. There is an existing airstrip located east of the intersection of WCR 11 and WCR 16. Lauren Light, Planner /^ Hello