HomeMy WebLinkAbout20051317.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1505
APPLICANT: Russell &Angela Reed
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: N2 SW4 Section 2, T8N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an airstrip in
the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 21; 1/4 mile north of CR 96.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 8.1 (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.
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.
EXHIBIT
2005-1317
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Resolution USR-1505
Russell Reed
Page 2
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
1. 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:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility
name,address, and phone number). (Department of Public Health & Environment)
2. 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)
3. 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)
4. 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)
Resolution USR-1505
Russell Reed
Page 3
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 mapsco.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)
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 theA(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)
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)
Resolution USR-1505
Russell Reed
Page 2
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
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.
5
Resolution USR-1505
Russell Reed
Page 3
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.
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
Tom Holton
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 5, 2005.
Dated the 5th of April, 2005.
I ,t n 1-)
Voneen Macklin
Secretary
6
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 5, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County Department
of Planning Services, Hearing Room, 918 10th Street,Greeley, Colorado. The meeting was called to order by Chair,
Michael Miller, at 1:30p.m.
ROLL CALL
Michael Miller
Bryant Gimlin —
John Folsom
James Welch
James Rohn r
Bruce Fitzgerald Absent
Chad Auer
Doug Ochsner
Thomas Holton
Also Present: Char Davis, Don Carroll, Sheri Lockman, Chris Gathman, Kim Ogle
The summary of the last regular meeting of the Weld County Planning Commission held on March 15, 2005, was
approved as read.
The following is on the Consent Agenda:
CASE NUMBER: USR-1505
APPLICANT: Russell &Angela Reed
PLANNER: Sheri Lockman
-` LEGAL DESCRIPTION: N2 SW4 Section 2, T8N, R67W of the 6th P.M., Weld County, Colorado
REUQUEST: Site Specific Development Plan and Special Review Permit for an airstrip in the
A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 21; 1/4 mile north of CR 96.
Consent Agenda was approved.
The following cases will be heard:
CASE NUMBER: AmUSR-1416
APPLICANT: William &Ann Stonebraker
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3589; Pt of the NE4 of Section 28, T2N, R64W of the 6th
P.M., Weld County, Colorado
REQUEST: A Site Specific Development Plan and Special Review Permit for a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone
District (Display Fireworks Storage and fireworks equipment staging facility
along with an office) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 18; '/ mile east of CR 53.
Chris Gathman, Department of Planning Services presented Case AmUSR-1416, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
James Rohn asked Mr. Carroll about the truck traffic and if there were any plans to pave CR 18. Mr. Carroll
added it was not expected in next five yrs.
Chad Auer asked about an oil flare on site. Mr. Gathman indicated the locations on map provided. There are tw
new ones located on the north side of 1-76 in both the south east and south west corner of the site. t
Doug Ochsner asked Mr. Gathman about the location of the nearest house and the distance. Mr. Gathman 1
indicated there was a home across CR 18 and approximately 500 feet from the northwest corner of the site.
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