HomeMy WebLinkAbout20051318.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Russell Reed Case Number USR-1505
Submitted or Prepared
• Prior to At
Hearing Hearing
N 1 Staff Comments X
Department of Planning Services Field Check Form
Letter regarding FAA requirements
Letter to Applicant
• Affidavit and photograph of sign posting
Legal Notifications
2 Application X
Maps
Deed/Easement Certificate/Certificate of Conveyance
Surrounding Property/Mineral Owners
Utilities
Soil Survey
• 3 Referral List X
Referrals without comment
Colorado Division of Wildlife
4 Referrals with comments x
West Greeley Soil Conservation District
Greeley-Weld Airport Authority
Weld County Zoning Compliance
Weld County Department of Building Inspection
Weld County Department of Public Works
Weld County Department of Public Health and Environment
5 PC Exhibits
I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Shen Lockman ❖ Planner II
EXHIBIT
2005-1318
AfAttg
WUDe LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Planner: Sheri Lockman
Case# : USR-1505 Hearing Date: April 5, 2005
Applicant: Russell and Angela Reed
Address: 47399 CR 21, Nunn, Colorado 80648
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
Description: N2 SW4 Section 2,Township 8 North, Range 67 West of the 6th P.M.Weld County,Colorado
Location: East of and adjacent to County Road 21; 1/4 mile north of County Road 96
Parcel#: 0555 02 000008 Parcel Size: 79 +/- 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 2/14/2005
• Weld County Department of Public Health and Environment, referral received 15/2005
• Weld County Department of Public Works, referral received 3/1/2005
• Weld County Department of Building Inspection, referral received 3/8/2005
• Greeley-Weld Airport Authority, referral received 2/22/2005
• Colorado Division of Wildlife, referral received 2/28/2005
• West Greeley Soil Conservation District, referral received 2/22/2005
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriffs Office
• Nunn Fire Protection District
USR-1505 Reed 1 EXHIBIT
SPECIAL REVIEW PERMIT
WIDc ADMINISTRATIVE REVIEW
COLORADO
Planner: Sheri Lockman
Case# : USR-1505 Hearing Date: April 5, 2005
Applicant: Russell and Angela Reed
Address: 47399 CR 21, Nunn, Colorado 80648
Request: A Site Specific Development Plan and a Special Review Permit for an airstrip in the A
(Agricultural)Zone District.
Legal
Description: N2 SW4 Section 2,Township 8 North,Range 67 West of the 6`'P.M.Weld County,Colorado
Location: East of and adjacent to County Road 21; 1/4 mile north of County Road 96
Parcel #: 0555 02 000008 Parcel Size: 79 +/- 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 three homes in the vicinity.
Given that the airstrip is limited to the private use of the family residing on the lot 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
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.
USR-1505 Reed 2
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
A very small portion of the northeast corner of the site lies within the flood overlay district.
Conditions of approval ensure that construction of the east west secondary runway
addresses flood plain issues.
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)
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"Prime
if they become irrigated" by the USDA Soil Conservation Services. 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 applicant shall submit written evidence to the Department of Planning Services that the
following conditions have been completed to the satisfaction of the Weld County Department of
Public Health & Environment:
1) The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services,Weld County Department of Public Health&Environment.
(Department of Public Health & Environment)
2) If applicable, the applicant shall submit evidence of an Aboveground or Underground
Storage Tank permit from the Colorado Department of Labor and Employment(CDL&E),
Oil Inspection Section for any above or underground storage tanks located on the site.
Alternately, the applicant can provide evidence from the(CDL&E), Oil Inspection Section
that they are not subject to these requirements. (Department of Public Health &
Environment)
3) The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
a. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
b. A list of the type and volume of chemicals expected to be stored on site.
c. The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health & Environment)
USR-1505 Reed 3
B. As required by the Weld County Department of Building Inspection in their referral response
dated March 8, 2005, the applicant shall submit a building permit for a change of use for the
hangar. (Department of Building Inspection)
C. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR-1505 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) Primary and Secondary airstrips as indicated in application materials. (Department of
Planning Services)
D. 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
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 maos(a)co.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. A stormwater discharge permit may be required for a development/redevelopment/construction
site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre
in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge
permit. Alternately,the applicant can provide evidence from WQCD that they are not subject to
these requirements. (Department of Public Health & Environment)
5. Upon operation:
A. The applicant shall submit Form 5010-5 to the Federal Aviation Administration.(Federal Aviation
Administration)
6. 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-1505 Reed 4
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL AND ANGELA REED
USR-1505
1. The Site Specific Development Plan and Special Use Permit is for an airstrip 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 Public Health & Environment)
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. 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
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)
USR-1505 Reed 5
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 Health &
Environment)
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. A building permit will be required for a change of use or the construction of a new hanger. (Department
of Building Inspection)
20. A plan review is required for each building for which a building permit is required. 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. 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)
25. A very small portion of the northeast corner 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 0325 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)
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. (Federal Aviation Administration)
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
USR-1505 Reed 6
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-1505 Reed 7
-
� a
r DEPARTMENT OF PLANNING SERVICES
4657 PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
918 10'" STREET
WilDe GREELEY, COLORADO 80631
COLORADO
February 11, 2005
Russell &Angela Reed
47399 CR 21
Nunn CO 80648
Subject: USR-1505- Request for a Site Specific Development Plan and Special Review Permit for an
airstrip in the A(Agricultural)Zone District on a parcel of land described as N2 SW4 Section 2,
T8N, R67W 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 April 5, 2005, at 1:30 p.m. This meeting will take
place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It 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,pe
1 X/7:1- 72-611-1
Sheri Lockman
Planner
4111 DEPARTMENT OF PLANNING SERVICES
918 10'" STREET
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us E-MAIL: hatch@co.weld.co.us
C. j
PHONE 970) FAX0300) 304-6498
COLORADO
January 17, 2005
Mr. Russell Reed
47399 County Road 21
Nunn, CO 80648
RE: Property located N2 SW4 of Section 2, Township 8 North, Range 67 West of the 6th P.M., Weld
County, Colorado. Parcel number 0555 02 000008
Dear Mr. Reed: •
� 1
The Department of Planning Services is in receipt of a letter dated January 4, 2005 from the U.S.
Department of Transportation regarding Airspace Case No. 2004-ANM-567-NRA for an airport. Upon review of the property, the Department of Planning Services has determined that your property is zoned VV
agricultural. Section 23-3-40.F of the Weld County Code states that airports and airstrips are considered
a Use by Special Review. The Special Review activity shall not occur on the property until the Special
Review has been reviewed and approved by the County.
An application packet for Use by Special Review is included for your convenience.
Please contact me at (970) 353-6100 x 3540 if you have any questions. I look forward to working with
you.
Sincerely,
Jacqueline Hatch
Planner I
Weld County Planning Department
4,Of 1RANs n..,rri OFFICE
fag $v
= '`hl 0 7 2005
as a
ED
U.S. Department Northwest Mountain Region Denver Airports District Office
of Transportation Colorado, Idaho, Montana 26805 East 68th Ave.,Suite 224
Oregon, Utah,Washington, Denver, CO 80249-6361
Federal Aviation Wyoming (303)342-1251
Administration
January 4, 2005
Mr. Russell Reed
47399 WCR2I - Aa ta.4.0.
Nunn,Colorado 80648
Dear Mr. Reed:
Airspace Case No. 2004-ANM-567-NRA
An airspace analysis of the proposed private use Reed Airport been completed. Based on this study, the
Federal Aviation Administration(FAA)has no objection.
Please check the performance capabilities of the aircraft you intend to operate at your airport to ensure
you have adequate runway length. All users of the airport should be briefed on operating conditions at
the airport.
This determination does not mean FAA approval or disapproval of the physical development involved in
the proposal. It is a determination with respect to the safe and efficient use of airspace by aircraft and
with respect to the safety of persons and property on the ground. This determination does not relieve the
proponent of responsibility for compliance with any local law, ordinance or regulations, or state or other
Federal regulations.
In making this determination, the FAA has considered matters such as the effect the proposal would have
on the existing or planned traffic patterns of neighboring airports, the effects it would have on the
existing airspace structure and projected program of the FAA,the effects it would have on the safety or
persons and property on the ground, and the effects that existing or proposed man-made objects (on file
with the FAA) and known natural objects within the affected area would have on the proposal.
The FAA cannot prevent the construction of structures near an airport. The airport environs can only be
protected through such means as local zoning ordinances or acquisition of property rights. It is up to you,
as the owner,to provide for this protection.
No evaluation of the environmental aspects of the proposal was made in reaching this determination.
Therefore, this determination is not to be construed as approval of the proposal from an environmental
standpoint under Public Law 91-190 (National Environmental Policy Act of 1969).
In order to avoid placing any unfair restrictions on users of the navigable airspace, ifyour airport does
not become operational within 12 months of the date of this letter, this determination will expire unless
you request a time extension.
2
When the airport becomes operational, please complete and return the enclosed FAA Form 5010-5,
Airport Master Record. The Airport Master Record notifies the FAA that your facility has been activated.
If the form has not been returned or an extension has not been requested,your facility may be
considered unactivated and your airspace determination void.
If in the future you wish to open the airport to public use, a new airspace determination will be required.
In addition, if the facility changes names, changes ownership, if there is a change in the owner's address
or other substantial changes, please notify the FAA, NFDC on Form 5010-5. The FAA might solicit
information updates on your airport, and if the solicitation is not responded to,your airport could be
considered an inactive facility.
Thank you for your cooperation in this matter. If you have any questions, please contact me at the
number above.
Sincerely,
Marsha Hofer
Program Specialist
Enclosure
cc:
AAS-300 w/7480-1 & sketch
ANM-520
Colorado State Aeronautics
Weld County Planning Department
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MARCH 26, 2005 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1505 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
AiC17;147/- 7
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this day of 1Vloth , 2005
WITNESS my hand and official seal.
bcom; jk,
Notary Public
My Commission Expires:
rIC-nrwr
t&
Wilk NOTICE WifDc
A PUBLIC HEARING CONCERNING
THIS PROPERTY WILL BE HELD AT:
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Street, Greeley r, r
or. ON Apr' 5 , 10CgAT /!4
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(A P- 1505 1505 7° ACRES :' "•' _
CASE NO. 'FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF z;=cj :4-ti,';'di zia.;: ..:;;;...:;_
PLANNING SERVICES AT r; �`+ k-. -
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FIELD CHECK inspection date: 3 Jr
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APPLICANT: Russell and Angela Reed CASE#: USR-1505
REQUEST: A Site Specific Development Plan and a Special Review Permit for an airstrip in the A
(Agricultural)Zone District.
LEGAL: N2 SW4 Section 2, Township 8 North, Range 67 West of the 6th P.M. Weld County,
Colorado
LOCATION: East of and adjacent to County Road 21; 1/4 mile north of County Road 96
PARCEL ID#: 0555 02 000008 ACRES: 79 +/-
Zoning Land Use
N A (Agricultural) N `1,; kie �ti
E A (Agricultural) E 4�Y
S A (Agricultural) S C��Li{ f,rvV rJ/
W A (Agricultural) W
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