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HomeMy WebLinkAbout20040918.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Longmont Aircraft Modeler's Case Number USR 1446 Association Submitted or Prepared Prior to At Hearing Hearing • 2 Staff Comments X Department of Planning Services field check form X Letter(s)to Applicant X Photograph of sign posting&Affidavit of Sign Posting X Legal Notifications X 3 Application X Maps X 4 Referral List X 5 Referrals without comment X Larimer County, referral received September 25, 2003 X Colorado Division of Wildlife, referral received September 26, X 2003 Longmont Soil Conservation District, referral received October X 14, 2003 Referrals with comments 6 Weld County Code Compliance, referral received September 9, X 2003 7 Town of Berthoud, referral received September 12, 2003 X 8 Weld County Department of Building Inspection, referral X received September 15, 2003 • 9 Mountain View Fire Protection District, referral received X September 16, 2003 - 10 Weld County Sheriff's Office, referral received September 29, X 2003 11 Town of Mead, referral received October 7, 2003 X 12 Larimer County Engineering, referral received October 7, 2003 X EXHIBIT Lc 2004-0918 13 Weld County Department of Public Works, referral received X October 7, 2003 14 Weld County Department of Public Health and Environment, X referral received October 27, 2003 Surrounding Property Owners • 15 Letter from Norton A. Billings, received October 17,2003 X • 16 Letter from Sondra Tonga, received October 24, 2003 X N 17 Letter from Vance Diggins, received October 28, 2003 X • 18 Letter from Natalie Wilson, received October 28, 2003 X 19 Letter from Margaret Russell, received October 29, 2003 X 20 Letter from Ben Russell, received October 30,2003 X • 21 Letter from Ron and Peggy Van Hofwegen, received November 4,2003 X PC Exhibits 22 Facsimile Letter from Ted and Lisa Bohannon received X November 17, 2003 N 23 Facsimile Letter from Fred Wilson received November 17, 2003 X 24 Letter from William R. Wilson, received November 17, 2003 X 25 Facsimile Letter from Roger Seat received November 17, 2003 X • 26 Electronic Mail Letter from Ron Larsen received November 17, X 2003 27 Electronic Mail Letter from Larry Kaylor received November 18, X 2003 28 Amendments to Staff Comments X ` 29 Affidavit Sign Posting X 30 Applicants Photographs of Models - Ft. Lupton Press to submit X 31 Applicant Land Photograph X 32 Applicant Land Photograph X • 33 Applicant Dba Readings X 34 Wilson Poster X • 35 Wilson Tape X I hereby certify that the 35 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Kim Ogle Pla er III 1 • 1,y0,(44, WADeLAND USE APPLICATION COLORADO SUMMARY SHEET Case Number: USR-1446 Hearing Date: November 18, 2003 Applicant: Longmont Aircraft Modelers Association Request: Site Specific Development Plan and Special Review Permit for Recreational Facilities, including a Commercial Recreational Facility (Longmont Aircraft Modelers Association) in the A (Agricultural)Zone District. Legal Description: S2SW4 and the South 5/8 of the N2 of said SW4 Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 36 and 2,110 feet East of CR 1 Size of Parcel: 120 +/-acres - (Lease Area: 7 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 Code Compliance, referral received September 9, 2003 • Town of Berthoud, referral received September 12, 2003 • Weld County Department of Building Inspection, referral received September 15, 2003 Mountain View Fire Protection District, referral received September 16, 2003 • Larimer County, referral received September 25, 2003 • Colorado Division of Wildlife, referral received September 26, 2003 • Weld County Sheriff's Office, referral received September 29, 2003 • Weld County Department of Public Works, referral received October 7, 2003 • Town of Mead, referral received October 7, 2003 Larimer County Engineering, referral received October 7, 2003 • Longmont Soil Conservation District, referral received October 14, 2003 • Weld County Department of Public Health and Environment, referral received October 27, 2003 The Department of Planning Services' staff has not received responses from the following agencies: • Boulder County EXHIBIT USR-1446, LAMA page 1 12 A SPECIAL REVIEW PERMIT igP l1f �\ ADMINISTRATIVE REVIEW � eAA"ttt t COLORADO Planner: Kim Ogle Case Number: USR-1446 Hearing Date: November 18, 2003 Applicant: Longmont Aircraft Modelers Association Request: Site Specific Development Plan and Special Review Permit for Recreational Facilities, including a Commercial Recreational Facility (Longmont Aircraft Modelers Association) in the A (Agricultural)Zone District. Legal Description: S2SW4 and the South 5/8 of the N2 of said SW4 Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 36 and 2,110 feet east of CR 1 Size of Parcel: 120 +/- acres - (Lease Area: 7 Acres) Parcel Number: 1207 06 000006 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 22-2-170.B, C.Goal 2. states "Encourage the expansion and diversification of the commercial economic base." Further, Section 22-2-170.b.1. C.Policy 2.1. states "New commercial development should either be located in areas free of natural hazards, such as wildlife, geologic hazards, floods and high winds or be designed to mitigate the hazards." Section 22-2-170.C, 2. C.Policy 3.2. states "New commercial development should demonstrate compatibility with existing surrounding land use in terms of general use, building height, scale, density, traffic, dust and noise." Section 22-4-60.A.2 N.Policy 1.2, states the Department of Public Health and Environment will prescribe noise level standards for land use applications when appropriate. (Weld County Code ordinance 2002-6). This site has historically been in agricultural production, however, the land has not been farmed in recent years. The 7 acre lease parcel is sited in the southeast corner of the 120 acre parcel. The location was selected to minimize the impacts to the surrounding properties. The Development Standards, Conditions of Approval, and Operations Standards will effectively mitigate any adverse impacts to surrounding areas. 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.C.8 allows Recreational Facilities, (Model Aeronautical use), USR-1446, LAMA page 2 that are used as public or private commercial recreational facilities, further, Section 23-3-40.R of the Weld County Code provides for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions, 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 primarily agricultural with a few residences associated with the agricultural activities. To the North and West are agricultural lands with associated rural residences; to the East and South are actively farmed agricultural properties. The Colorado Division of Wildlife, in a referral received September 26, 2003 stated they have reviewed the request and find no conflicts with their interests. Conditions of Approval and Development Standards ensure that the proposal is consistent with surrounding land uses. 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. This proposal does lie within the three mile referral area for the Town of Berthoud, Town of Mead, Boulder and Larimer County. The Town of Berthoud had no comments on the proposal as the site is located outside of their adopted Growth Management Area and Cooperative Planning Area. The Town of Mead reviewed the request and found no conflicts with their interests, and supports the application. Larimer County reviewed the request and found no conflicts with their interests and Boulder County did not return a referral. E. Section 23-2-220.A.5-- The application complies with Section 23-5, Article V of the Weld County Code. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. 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 considered prime agricultural land by the Important Farmlands of Weld County Map, dated 1979. The applicant is proposing to lease a 7 acre plot from the 120 acre parcel for use as an model radio controlled aeronautical facility. The structures and improvements on site are considered temporary, as the structures are easily transported, and the runway is a geotex fabric. 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 plat shall be amended to delineate the following: 1) All plats shall be labeled USR-1446 (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The USR boundaries shall accurately delineate and describe the 7 +/- acres within the USR-1446, LAMA page 3 entire parcel as indicated in the application materials. (Department of Planning Services) 4) All on-site signs shall be indicated by location and size and shall adhere to Section 23-4-100.0 of the Weld County Code. (Department of Planning Services) 5) Lighting shall be indicated in accordance with Section 23-3-360.F of the Weld County Code. (Department of Planning Services) 6) Twenty-two (22) parking spaces plus additional overflow and special events parking of forty (40) spaces as delineated in the application materials shall meet the requirements of Section 23-3-250.B of the Weld County Code. (Department of Planning Services) 7) The internal circulation shall be clearly indicated on the plat for all traffic accessing the site. (Department of Planning Services) 8) A trash collection area in accordance with Section 23-3-250.A.6 of the Weld County Code. Additional landscape screening shall be indicated near the trash enclosure area. (Department of Planning Services) 9) The Landscape, Fence and Screening Plan shall meet the requirements of Section 23-3-250.A.5 of the Weld County Code. (Department of Planning Services) 10) County Road 36 is designated on the Road Capital Improvement Plan in the County wide Impact Fee Code Ordinance, Section 20-1-30, a local gravel road, which requires sixty(60)feet of right-of-way at full build out. There is presently sixty(60)feet of right-of-way. A total of thirty(30)feet from the centerline of County Road 36 shall be delineated right-of-way on the plat. (Department of Public Works) 11) The existing access to the property from County Road 36 shall be delineated on the plat. (Department of Public Works) C. Written documentation shall be provided to the Weld County Department of Planning Services indicating the applicant has attempted to address the concerns of the Mountain View Fire Protection District, as delineated in a referral dated September 16, 2003. (Department of Planning Services) D. Written evidence from the Department of Public Works indicating that all issues as outlined in their referral dated October 6, 2003 have been addressed and resolved to the satisfaction of the Department of Public Works shall be submitted to the Department of Planning Services. (Department of Planning Services and Public Works) E. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) F. The applicant shall schedule a time to view/participate with the Sheriff's Office program entitled "Crime Prevention through Environmental Design. (Sheriff) G. 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. Prior to Release of Building Permits: The Department of Building Inspections states, "there are no current or historical permits on record for USR-1446, LAMA page 4 this parcel, therefore the following shall be submitted to the Department of Building Inspection for their review and approval for all structures: A. A building permit will be required for all structures placed or constructed on this site to include the Tuff Shed, the cargo container and any signs. The permit application shall include a plot plan showing distances between all buildings and from buildings to property lines. (Department of Building Inspection) B. Setback and offset distances shall be determined by the Weld County Code. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) C. A complete set of building plans shall be submitted to the Mountain View Fire Protection District. (Mountain View Fire) Written evidence of approval from the Department of Building Inspection shall be submitted to the Department of Planning Services. (Department of Planning Services) 3. Upon completion of item 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) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review plat. 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 maps(oco.weld.co.us. (Department of Planning Services) 5. 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-1446, LAMA page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Longmont Aircraft Modelers Association c/o David N. Daggy, Sr., President USR-1446 1. The Site Specific Development Plan and Special Review Permit for Recreational Facilities, including a Commercial Recreational Facility(Longmont Aircraft Modelers Association)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. Hours of operation shall be 8:00 A.M. to Sunset, seven days a week, Monday through Sunday as stated in the application materials. (Department of Planning Services) 4. The landscape, fence and screening on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 5. 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 and Environment) 6. 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) 7. 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 and Environment) 8. There shall be no open burning conducted on the site, with exception to burning defined as"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission Regulations. (Department of Public Health and Environment) 9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. Permanent vaulted restroom facilities shall be provided for the public. A vault facility similar to a rest area or park service facility is recommended. (Department of Public Health and Environment) 12. All new construction on site shall obtain approval from the Mountain View Fire Protection District prior to the issuance of any building permit. (Mountain View Fire Protection District) 13. There will be no staging or parking on County Roads 1 and 36. The facility shall utilize the internal parking spaces only. (Department of Public Works) 14. The off street parking and access drive shall be surfaced with either gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally USR-1446, LAMA page 6 attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 16. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (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 Government 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. USR-1446, LAMA page 7 • jfieDEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE WILD Q • GREELEY, COLORADO 80631 COLORADO September 8, 2003 Longmont Aircraft Modelers Association do David Daggy 3293 W. 103rd Place Westminster CO 80031 Subject: USR-1446- Request for a Site Specific Development Plan and Special Review Permit for Recreational Facilities, including a Commercial Recreational Facility(Longmont Aircraft Modelers Association)in the A (Agricultural)Zone District on a parcel of land described as S2SW4 and the South 5/8 of the N2 of said SW4 Section 6,T3N, R68W 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 November 18, 2003, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex, 4209 CR 24 1/2, Longmont, 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. 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 Berthoud and Mead Planning Commission for their review and comments. Please call Berthoud at(970)532-3754 and Mead at(970)535-4477 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 Berthoud and Mead 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. (Respectfully, a Kim ugl: Plann: e Wa c NOTICE Woe • A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: ITI-o°1 Gci24,5 L ONiorAON-c• CA Aoeo ON . 20G�AT 1 .3CP • 1/ LONr.1r oN r a� 0.!3�av?" rrtoGE aS yyx�e� oK c KAME pt. y' .. .. . ( ' 0f' norms. L = • N REQUEST ;CaILLe Ak. test Dot CASE K0. - --ViaACRES . 'n'` FOR MORE INFORMATION CALL • a _ ` WELD COUNTY DEPARTMENT Of ��� r 2 -_ . • PLANNING SERVICES AT t '' - , _, (970)3531100 ext. 3540 y is , 4 W r‘ �y ..ti 1� - f F . S i` 46, a ettimettic-: 7.1::11 1- - .. 4..._I Atc,�� , rSO. 1.r. L I1 Witi Sire MMIIIIMMIllialel r IIIIMIPO- - i __ _ • �• .. •r.. _ _ - _ - 1, 7 S � - 1 I ,____,..-1--,-4-c'- 2- .q. _,,j., • •r *•.n . 7. •:a. a 4� p 'r T a r��{ : •r•., . ... .i-_n:: � 1 y am. o is...*r.i F_l cY r�+•, r. P•••-•. .. •‘-'1•:l .j. y..,47 , ' Itg. y•.- . •/.• y �F• 7 sbV r im, . .-- K . - •..1 •. i ''Age' a-- •''j•f4 • •"� 'Y• •.idr�.0 jy'!•. .1--.. Y. . y 1.�l .,j - t__r- - -I.--. r • ' ' - • r �T , ; � ' LJ Ill( ' _ = . - •r '�. ti. . _ P- Ilia. �S FIELD CHECK inspection date: November 9, 2003 • CASE NUMBER: USR-1446 APPLICANT: Longmont Aircraft Modelers Association, do David Daggy, Sr. LEGAL DESCRIPTION: S2SW4 and the South 5/8 of the N2 of said SW4 Section 6, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 36 and 2,110 feet East of CR 1 Zonina Land Use N A (Agricultural) N Agricultural / Residential E A(Agricultural) E Agricultural S A(Agricultural) S Agricultural, proposed Banquet Facility (USR-1439) W A(Agricultural) W Agricultural / Residential (Boulder County) COMMENTS: Lease area is north of CR 36 on lands that have historically been farmed. Visual inspection does not indicate the lands have been in recent production. The facility exists, with all encumbrances portable in substance. There are two neatly stacked piles of materials. One is behind the cargo storage box and the second is in an area east of storage box and south of the runway in an open field of mown native grasses. Lease area is fenced with a four wire twisted strand on metal t-posts. There is a double farm swing gate that is locked and is approximately 40 feet from centerline of road. There are no lights on site. There are several tables and chairs within the flight area and picnic tables located behind this area outside of the flight area. There are posted rules and regulations and a large sign on the infield alerting uses of facility as to times for operation. The orientation of the runway is east to west. Visual observation of flight patterns appears to be over the seven acre site. It was stated that the operator of the aircraft needs to be in constant view of the device an dis limited by his/her visual acuity, sun angle, or other undefined conditions. In this instance, the operator was 800 more or less feet from the device at all times. The land sits high relative to CR 1. The edge of the lease area is approximately 0.2 miles or 1056 feet from the stop sign intersection of CR 1 and CR 36. There is approximately a fifty foot plus change of grade between the site and this intersection. The internal road and parking area is not graveled, however, there are wood curb stops firmly anchored in situ. There are no utilities on site or in the immediate vicinity adjacent to CR 36. (Visual inspection) CR 36 and CR 3 to the east are two lane all weather roads. CR 1 is a two lane paved road with medium to medium heavy traffic flow. • Kim ogle, ' lanner Hello