HomeMy WebLinkAbout20051316.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1505 FOR AN AIRSTRIP IN THE A (AGRICULTURAL) ZONE DISTRICT -
RUSSELL AND ANGELA REED
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 18th day of
May, 2005, at the hour of 10:30 a.m. in the Chambers of the Board for the purpose of hearing the
application of Russell and Angela Reed,47399 Weld County Road 21, Nunn,Colorado 80648,for
a Site Specific Development Plan and Use by Special Review Permit#1505 for an Airstrip in the
A (Agricultural) Zone District on the following described real estate, to-wit:
N1/2 SW1/4 of Section 2, Township 8 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present 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.
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
should not have an adverse impact on the surrounding properties.
b. Section 23-2-2303.2--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 23-2-230.B.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
2005-1316
PL1774
f /VL °2- O6- O6-O
SPECIAL REVIEW PERMIT#1505 - RUSSELL AND ANGELA REED
PAGE 2
use of the family residing on the lot, there should be limited impact on the
surrounding homeowners.
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
does not lie within the referral area of a municipality.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. Avery small portion of the northeast corner of the
site lies within the Flood Hazard Overlay District. The Conditions of Approval
ensure that construction of the east/west secondary runway addresses
floodplain issues. 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 site is designated"Prime if they become irrigated"by the U.S.D.A.
Soil Conservation Services; however, no irrigation water exists.
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 Russell and Angela Reed for a Site Specific Development
Plan and Use by Special Review Permit#1505 for an Airstrip in theA(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. As required by the Weld County Department of Building Inspection in its
referral response dated March 8,2005,the applicant shall submit a building
permit for a change of use for the hangar.
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR-1505.
2) The attached Development Standards.
2005-1316
PL1774
SPECIAL REVIEW PERMIT#1505 - RUSSELL AND ANGELA REED
PAGE 3
3) Primary and secondary airstrips, as indicated in application
materials.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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
mauseco.weld.co.us.
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.cdohe.state.co.us/wa/PermitsUnit to determine 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.
5. Upon operation:
A. The applicant shall submit Form 5010-5 to the Federal Aviation
Administration.
6. 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.
2005-1316
PL1774
SPECIAL REVIEW PERMIT#1505 - RUSSELL AND ANGELA REED
PAGE 4
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of May, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
/�/� �� WELD COUNTY, COLORADO
ATTEStibG 4/ '/ �� j`'` Elsa eJiw
William H. rke, Chair
Weld County Clerk to432
t I
BY:
le, - em
Deputy Clerk to the
D ' E Lon
AP ED AS RM:
RobiMasdv
ounty At rney
Glenn Vaad
�
Date of signature: 1/4-"
2005-1316
PL1774
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL AND ANGELA REED
USR#1505
1. The Site Specific Development Plan and Use by Special Review Permit#1505 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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 manner that
protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
8. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Administration.
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.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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 and volatile organic compounds.
2005-1316
PL1774
DEVELOPMENT STANDARDS - RUSSELL AND ANGELA REED (USR #1505)
PAGE 2
15. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
17. 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.
18. The operation shall be limited to daylight hours.
19. A building permit will be required for a change of use or the construction of a new hangar.
20. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan.
21. 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 Chapter 29 of
the Weld County Code.
22. The hangar will probably be classified a S-1 (Hangar). 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.
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.
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.
25. A very small portion of the northeast corner of the site lies within the Flood Hazard Overlay
District. The application materials indicate that the east/west secondary runway will be
located over this area. All construction or improvements occurring in the floodplain, 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.
2005-1316
PL1774
DEVELOPMENT STANDARDS - RUSSELL AND ANGELA REED (USR #1505)
PAGE 3
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.
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 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.
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.
2005-1316
PL1774
Hello