HomeMy WebLinkAbout20051734.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1504 FOR AN AIRSTRIP AND AN AGRICULTURAL SERVICE
ESTABLISHMENT (AN AIRSTRIP FOR PRIVATE USE AND A CROP DUSTING AND
SPRAYING OPERATION FACILITY, INCLUDING HANGAR, LANDING STRIP,
STORAGE FACILITIES FOR FERTILIZER, INSECTICIDE, AND FUEL, AND
ACCESSORY OFFICES)IN THE A(AGRICULTURAL)ZONE DISTRICT-THE BLUFFS,
JOHN VILLANOAND JOSEF GUETLEIN,MANAGERS,C/O RAY EDMISTON,OWNER
OF AERIAL SPRAYERS, INC.
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 29th day of
June, 2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of The Bluffs, John Villano and Josef Guetlein, Managers, 5305 West 86th Avenue,
Arvada, Colorado 80003, do Ray Edmiston, owner of Aerial Sprayers, Inc., 5112 Weld County
Road 32, Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special
Review Permit#1504 for an Airstrip and an Agricultural Service Establishment(an airstrip for private
use and a crop dusting and spraying operation facility, including hangar, landing strip, storage
facilities for fertilizer,insecticide,and fuel,and accessory offices)in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Part of the N1/2 of Section 5, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Lauren Light, AGPROfessionals, LLC/
LANDPROfessionals, LLC, 4350 Highway 66, Longmont, Colorado 80504, 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
2005-1734
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SPECIAL REVIEW PERMIT#1504 -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, C/O RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC.
PAGE 2
1) Section 22-2-60 A.1 (A.Policy 1.1)states,"Agricultural zoning will be
established and maintained and promote the County's agricultural
industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon agriculture.
2) Section 22-2-60 A.3 (A.Policy 1.3) states, "Allow commercial and
industrial uses, which are directly related to, or dependent upon
agriculture,to locate within the A(Agricultural)Zone District when the
impact to surrounding properties is minimal, and where adequate
services and infrastructure are currently available or reasonably
obtainable."
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. Section 23-3-40.6.3 of the Weld County Code
provides for agricultural service establishments, including crop dusting or
spraying operations facilities, as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding properties are
agricultural in nature with few homes in close proximity. None of the
surrounding homes are in direct line with the proposed airstrip. The
Conditions of Approval and Development Standards should mitigate the
impact to surrounding property owners.
d. Section 23-2-230.6.4--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 is
within the three-mile referral area for the Town of Platteville. The Town did
not respond to the referral request.
e. Section 23-2-230.B.5 --The site does not lie within any Overlay Districts.
Effective January 1,2003,building permits issued on the lot will be required
to adhere to the fee structure of the County-Wide Road Impact Program.
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 majority of the site is designated as"Other" by the U.S.D.A. Soil
Conservation Service with a very small portion of"Prime".
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SPECIAL REVIEW PERMIT#1504 -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, C/O RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC.
PAGE 3
g. Section 23-2-230.B.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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of The Bluffs,John Villano and Josef Guetlein,Managers,c/o
Ray Edmiston, owner of Aerial Sprayers, Inc., for a Site Specific Development Plan and Use by
Special Review Permit#1504 for an Airstrip and an Agricultural Service Establishment(an airstrip
for private use and a crop dusting and spraying operation facility, including hangar, landing strip,
storage facilities for fertilizer,insecticide,and fuel,and accessory offices)in the A(Agricultural)Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the plat:
A. The sheets of the plat shall be labeled USR-1504.
B. The applicant shall submit evidence to the Department of Planning Services
indicating that Form 7480-1 "Notice of Landing Area Proposal" has been
submitted to the Federal Aviation Administration for review. Evidence of
approval shall be submitted to the Department of Planning Services.
C. The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval. The plan shall be in accordance with
Section 23-2-250.D of the Weld County Code.
D. The applicant shall submit evidence that a commercial well permit has been
received from the Colorado Division of Water Resources for the proposed
use.
E. In a referral dated March 20, 2005, the Platteville Irrigating and Milling
Company indicated concerns with a possible chemical spill into the
Platteville Ditch. Written documentation indicating how this concern is being
addressed shall be submitted to the Department of Planning Services.
F. The applicant shall submit written evidence from the Weld County
Department of Public Health and Environment to the Department of Planning
Services that the following requirements have been met:
1) The applicant shall submit a Dust Abatement Plan for review and
approval,to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment.
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SPECIAL REVIEW PERMIT#1504 -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, C/O RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC.
PAGE 4
2) The applicant shall provide written evidence to the Weld County
Department of Public Health and Environment that the applicant has
contacted and/or submitted an application to the Colorado
Department of Agriculture (CDA), Division of Plant Industry. This
contact/evidence shall determine if a license under the Pesticide
Applicators' Act, as defined under Sections 35-10-101 through
35-10-128,C.R.S.,is required. Alternately,the applicant can provide
evidence from CDA, Division of Plant Industry, that they are not
subject to these requirements.
3) The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment
(CDL&E),Oil Inspection Section,for any aboveground 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.
4) The applicant shall submit a Waste Handling Plan, for approval, to
the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall include
at a minimum, the following:
a. A list of wastes which are expected to be generated on the
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 the site.
c. The waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number).
G. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All public rights-of-way with dimensions.
3) The approved Lighting Plan.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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SPECIAL REVIEW PERMIT#1504 -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, C/O RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC.
PAGE 5
2. Upon completion of Condition of Approval#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 the Department of Planning Services. 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.
3. The Department of Planning Services respectfully 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.
4. Prior to construction:
A. The applicant shall inform the Platteville/Gilcrest Fire Protection District of
the construction of the fuel tanks, aboveground or underground.
5. Prior to issuance of building permits:
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 (1) acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment atwww.cdphe.state.co.us/wo/PermitsUnit
for more information.
6. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed
office/apartment and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
7. Prior to operation:
A. "No Smoking" signs shall be posted in conspicuous locations and be
unobstructed at all times.
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SPECIAL REVIEW PERMIT#1504 -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, C/O RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC.
PAGE 6
B. Two fire extinguishers, with a minimum rating of 2A:10B:C, shall be in the
hangar. They shall be secured to the wall and located so that no point within
the hangar is more than seventy-five (75) feet away from one of the fire
extinguishers.
C. Parking spaces, including the access drive, shall be surfaced with gravel,
asphalt,concrete,or the equivalent,and shall be graded to prevent drainage
problems.
8. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
EL �� WELD COUNTY, COLORADO
I� l J1 �/ 7
X861 ' . . =� w William H. J , Chair
, ,g ." .. , Clerk to the Board
Oe M. J. le, Pro- em
a
—4-- Deputy Clerk to the Board
'd . Long
R ED AST •
Robert D. Masdep
u y orney l4444 /
Glenn Vaad
Date of signature: 7`C/-5
2005-1734
PL1683
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN, MANAGERS,
C/O RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC.
USR#1504
1. The Site Specific Development Plan and Use by Special Review Permit#1504 is for an
Airstrip and an Agricultural Service Establishment(more specifically,an airstrip for private
use and a crop dusting and spraying operation facility including hangar,landing strip,storage
facilities for fertilizer,insecticide,and fuel,and accessory offices)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. "No Smoking" signs shall be posted in conspicuous locations and be unobstructed at all
times.
4. Two fire extinguishers, with a minimum rating of 2A:10B:C, shall be in the hanger. They
shall be secured to the wall and located so that no point within the hanger is more than
seventy-five (75) feet away from one of the fire extinguishers.
5. Site soils have a high potential for wind erosion. Disturbed areas shall be stabilized with
perennial vegetation, gravel or pavement.
6. Aircraft stored on the site shall be limited to those owned by the crop dusting and spraying
operation facility and the property owner.
7. Aircraft stored on the site shall be limited to a maximum of six (6) airplanes total.
8. Parking spaces,including the access drive,shall be surfaced with gravel,asphalt,concrete,
or the equivalent, and shall be graded to prevent drainage problems.
9. The historical flow patterns and run-off amounts will be maintained on the site in such a
mannerthat it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
10. 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 forfinal disposal in a mannerthat
protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
12. Waste materials shall be handled,stored,and disposed of in a mannerthat controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
2005-1734
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DEVELOPMENT STANDARDS -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, CIO RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. (USR#1504)
PAGE 2
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
14. The applicant shall comply with all provision of the Pesticide Applicators'Act issued by the
Colorado Department of Agriculture, Division of Plant Industry.
15. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
16. 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.
17. This 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.
18. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
21. All pesticides, fertilizer, and other 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 and volatile organic compounds.
22. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
23. Planes take-offs and landings are limited to daylight hours, seven days a week.
24. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Administration.
25. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
26. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Program.
27. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion,re-completion,re-entry,production and
maintenance operations associated with existing or future operations located on these
lands.
28. A building permit shall be obtained prior to the construction of any new building.
2005-1734
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DEVELOPMENT STANDARDS -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, CIO RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. (USR#1504)
PAGE 3
29. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan and bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit. Submit a Code
Analysis Data sheet provided by the Weld County Department of Building Inspection with
each building permit application. Provide plans to the Platteville Fire Protection District for
its review and approval.
30. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2002 National Electrical Code,and Chapter29 of
the Weld County Code.
31. The main building will probably be classified as a mixed use: S-1 (Hanger), B (Office)and
R-3 (Apartment). The chemical storage building will probably be classified as H-3
(Hazardous)unless the amount of the maximum allowable quantity of hazardous materials
does not exceed the amounts in Table 307.7(1)of the 2003 International Building Code. The
main building shall be accessible to persons with disabilities. 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.
32. 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.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. 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.
36. 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.
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DEVELOPMENT STANDARDS -THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, CIO RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. (USR#1504)
PAGE 4
37. 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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