Loading...
HomeMy WebLinkAbout820044.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AIRSTRIP - CHRIS AND CHERYL SCHELLENBERG 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 26th day of May, 1982 , at the hour of 2 : 00 o'clock p. m. in the Chambers of the Board for the purpose of hearing the application of Chris and Cheryl Schellenberg, 5609 Weld County Road 79 , Roggen, Colorado 80652 , for a Use by Special Review for an airstrip, on the following described real estate, to-wit: Part of the NE 1/4 Section 4 , Township 1 North, Range 62 West of the 6th P. M. , Weld, County, Colorado. WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has 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: 1. The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 . of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Comprehensive Plan in that policies of the plan promote Use by Special Review proposals in an Agricultural Zone District, so long as they do not create negative impacts on the environment or the County. The attached Development Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. b. The use is both compatible with existing agricul- tural activity and with land use which is contem- plated to be agricultural in the Comprehensive Plan. The proposal will not utilize any land which is presently used for agricultural purposes. c. No overlay districts affect the site . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners that the application for a Use by Special Review for an L.CAq 820044 WE 487 airstrip on the hereinabove described tract of land be, and hereby i-s, granted subject to the following conditions : 1 . The use that lawfully exists at the time of the Change of Zone from "C-1" to "A" be assigned Use by Special Review number 469 : 82 : 11 . 2 . The attached development standards being adopted for this Use by Special Review and made part of the resolution by the Board of County Commissioners for this rezoning . 3 . The plat for the Use by Special Review permit be placed on record by the Department of Planning Service' s staff prior to any building permits being issued on the site. The above and foregoing resolution was , on motion duly made and seconded, adopted by the following vote on the 26th day of May, A. D. , 1982 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO John T. Martin, Chairman chuck Carlson, Pro Tem Norman Carlson A l/' ,t,(7_,y W. Kirby / /J .,L. • u e K. Steinmark ATTEST: '1/41111(14' County Clerk and Recorder -and Clerk to the Bo r 3.- B k: puty County C e AP�P)RO ED AS TO FORM: /�/ County Attorney DATE PRESENTED: JUNE 2 , 1982 CHRIS AND CHERYL SCHELLENBERG Z-362:82 :4 DEVELOPMENT STANDARDS The following conditions are felt necessary for approval of the proposal: 1. The use that lawfully exists at the time of the Change of Zone from "C=1" to "A" be assigned Use by Special Review number 469:82 :11. 2. The following development standards being adopted for this Use by Special Review and made part of the resolution by the Board of County Commissioners for this rezoning: A. The type of use on the property shall be an air strip; B. Major facilities shall be limited to: 1. An airplane hangar with space for two (2) aircraft. C. Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. D. Operation Standards for Uses by Special Review, Section 24.6 et. seq. of the Weld County Zoning Ordinance shall be complied with. E. The Use by Special Review shall be limited to the condition shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the conditions and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Commissioners before such changes from the conditions and/or Standards are permitted. Any other changes shall be filed in the office of the Depart- ment of Planning Services. F. The property owner and/or operator of this operation shall be responsbile for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. RA:rg A public hearing was conducted on May 26 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER _ ENE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, 7EANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON The following business was transacted: I hereby certify that pursuant to a notice dated May 10 , 1982 , duly published May 13 , 1982 in the LaSalle Leader, a public hearing was held on the request of Chris & Cheryl Schellenberg for a Use By Special Review for an airstrip. The Planning Commission recommended that this request be approved with development standards . Phillip Bowles, was present representing the applicant. He stated the need for the north-south airstrip. He added that currently the airstrip going east and west is a grass strip and that eventually it will be converted into a gravel strip. There was no one present who objected to this Use By Special Review request. After all the testimony was received, Commissioner Kirby made a motion to approve this request and the development standards. Commissioner N. Carlson seconded the motion and it carried unanimously. Recorded Exemption #543 : This application was submitted by Chris and Cheryl Schellenberg on• a parcel of property containing 21 . 9 acres , more or less. The request is to divide the land into parcels of 17 . 5 acres, more or less, and 4 . 3 acres, more or less. Mr. Phillip Bowles was present and reviewed this request. The Planning Staff recommended that this request be granted. Mr. Bowles stated that there is an existing domestic water well. Commissioner C. Carlson made a motion to approve this request. Commissioner N. Carlson seconded the motion and it carried unanimously. CçrL ON 44w BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Deputy County C rk DOCKET# 82-22 TAPE# 82-36 LHR 487 & RE #543 ATTENDANCE RECORD TODAY 'S HEARINGS ARE AS . FOLLOWS : Docket No. 82-22 - Chris & Cheryl Schellenberg - C0Z & USR - Mrstrip ✓_ i(3 Docket No. o� - n_te .,-a,.�., _ _r v• i, _ u.. Docket No. 82-24 - Mike Cervi - USR — Oil Yield Fluid Disposal Site PLEASE write or print legibly your name, address and the DOC r (as listed above) or the applicants name of the hearitg you are attending . NAME ADDRESS HEARING ATTENDING Chem), v (A-,,,.y/ ,SrAe/4- J -54cpaicq ZJ O•f�P R_)- ,i.2- --)4(V C, NrccLntairA'6d 0CI, (iIn 1\)c' c4& Coif; S5 2 PR 2 ,9 1,: i/ y 577% .,.. � pIIK �7ud,4to-. �, /C- .S pct., , <---d /7,��,�e, E, t'I Z 2. 7— PA \\ E C .‘co , .sl -riClv.) )c 0 Jo Sz z a' 7l / ir/e j /17 / r-2/91 /V!• /(Z-'1.",-- . 7C.7 77///7 r Jo vv? wc 09y \i„ Pe() w0X cS7 i,'r�ta�i7 ro, _ Star d9 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoni-ng Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner intereste-d in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the -Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-22 APPLICANT Chris & Cheryl Schellenberg 5609 Weld County Road 79 Roggen, Colorado 80652 DATE: May 26, 1-982 TIME: 2 : 09 P.M. REQUEST: Use By Special Review - An airstrip LEGAL DESCRIPTION Part of the NE4 of Section 4, Township 1 North, Range 62 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Yno-se, Deputy DATED: MAY 10, 19$2 PUBLISHED: May 13, 1982 in the La Salle Leader Affidavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has A. been published in said daily newspaper for consecutive (days) Naga); that the notice was published in the Commissioners Of weld cam', col- regular and entire issue of every number of said Dram;weld County CantMtttet Center, tH tan street, Greeley,CbWMo, at newspaper during the period and time of publication of me time Specified. Alt M any said notice, and in the newspaper proper-and not in a R manner Iarer requested ed tamsud an l m Review are r.aupsted to aM'm and pp publication of said may ALSO, supplement thereof; that the first BE IT ALSO*NOWN that the reef and maps ao certified by the Weld County notice was contained in the issue of said newspaper PIanrnc Commission may tie exam- bearing date • in the office Of Me C .a,.,to the Fifteenth day of May A.D. 1-982 and the last publication thereof; in the issue of said newspaper bearing date the DATE:May 06,Het TIME:2:00 P.M. REQUEST: Use By Special Review— Fif teenth An Airstrip LEGAL DESCRIPTION: • day of May A.D. 198? Part of Menge 4et Sectionthe goamenip that said The Greeley Daily Tribune and The Greeley I North,Co nty,C to ado. of tM f1117.M., Weld county,cotorBCA Republican, has been BOARD ER;V(ETr P published continuously and I COMMISSIONER; uninterruptedly during the period of at least six COUNTY,COfrO�a- •NY:MARYANTYC EIR months next prior to the first issue thereof contained COUNTYC NO R„CORDERI RK said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 187-9, or any amendments thereof; and that said newspaper is a_dailynewspaper duly_qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Color-ado. May 15, 1982 Total charge: 912 .47 Advertising Clerk Subscribed and sworn to before me this 15th yf _ May A.D. 19 82 My c mis�si�n�ex/pires'' a, eli Notary Public BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date May 4, 1982 Case No. USA n 4eT-:82 :11 APPLICATION OF Chris and Cheryl Schelleirberg ADDRESS 5609 Weld County Road 79, Roggen, Colorado 80652 Moved by Jerry Kiefer that the fllow for passage by the Weld County Planning Commissionong resolution be introduced Be it Resolved by the Weld County Planning Commission that the application for site approval of an airstrip coverin the following described property in Weld County, Colorado,, to-wit: Part of the NE1 , Section 4, TIN, R62W of the 6th -P.M. , Weld County, Colorado be recommended (Favorably) ( Xannrathina Commissioners for the following reasons: to the hoard of County The Weld County Planning Commission recommends that this request be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld applicant has shown compli County h Section 24 Planning C3m1 1s ofn the aWeld e County Zoning Ordinance as follows : The proposal is consistent with the Comprehensive Plan in that polici-es of the plan promote Use by -Special Review proposals in an Agriculture Zone District, so long as they do not create -negative impacts on the environment or the County. The attached Devel-opment Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide Motion seconded by Wilbur wafer Vote: For Passage Jerry Keifer Against Passage Wilbur Wafer Bette Kountz Fred Otis Bob Halleran Bob Fhrlirh Bill Diehl The Chairman declared the Resolution passed and ordered that a certified copy -be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY 1, Barbara Nelson , Recording Secretary Ccrmission, -do hereby certify that the above and foregoi Weld ngResolution isaantrue copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on 4 1982 and recorded in Book No. VIII proceedings of the said Planning Commission. of the Dated the 7th day of May , 19 82. r lrTh,�� Secretary --�_ 1 � � USR-469:82:11 -Chris & Cheryl Schellenberg Part of the NEIL, Section 4, TIN, R62W May 4, 1982 Page 2 adequate protection of the health, safety and welfare of the inhabitants of the area and the County. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. The proposal will not utilize any land which is presently used for agricultural purposes. No overlay districts affect the site. RA:rg I -3(ila i 4. . „ '', . :'.,•-,.; ,11„ - . l 1. ' - ' ' f--‘ , •' .:, .. . :„ , .... ,„ . ,.,.. ... N . , ,, , , ...... „ „..„ .„ „ sy..... . ry. ,„,: :::,„,,,..,„„,,,,„,..,.....„ ,._....,: , . ......: ,. 7 , .,,.., ',I .:::: hi.„,; ;;;;; ;,'' 4 .;'," „ ,; M: p ft 4 x:; v.. ., .« ,;;;;',4,,,," '� y. - . 42. y! t YY. cy :r e" ii.{-fir.` ab ₹y�i _pp Aa a 4c I; + F R4 .' kn i .�.�. AC. 3 '!,;.;,,t-)...1..., (�//)!/���'J\ ,}y !i4`;;,a.yf•pd _ .'ti f't4 l A t ,,,ati ;.- S .:i " / i,(by Spi uV,.,n f • f +; Tfe , �'t3`.` } H. .,,e,.4,,,- . L4¢..` s: «, C, ., 4.k.« % **",-,441,:,,,,,:-.44,,,,5R. . J'} ec 'Sk S d . ...54.--2•,e:-,. x Y �r 'S 3:{ $I s t a .r s f,e,',, ,* � ₹�fF9 r r s rIr. £ h t5 y' 1V:k te: �' pp'��i imro : , SCHELL' "BERG ZONE CHANGE Commercial District tt. Agricultural District - 362 : 82`4 Of LEGAL DESCRIPTION: die East 360.00 feet of the NIP Corlwr I I Cornw NEIH Northeast one—quarter of See'4. __ 89°5 36" 6e°.4,TIN,sezw. Section 4, Township 1 North, birth UN Nra 360.00 Range 62 West of the 6th Principal I I Meridian, Weld County, Colorado, more particularly described as : BEGINNING him° at the Northeast corner of said North- east one-quarter; thence -N89'53 ' 36"W on 70.° an assumed bearing along along the North I line of said Northeast one-quarter a distance of 360.00 feet; thence S00 '00 ' N 00"E parallel to the East line of said o Northeast one-quarter a distance of ti COMPS twit AR o ti th CRE6 I n 2657 .12 feet to a point on the South o wen sr hee. G N line of said Northeast one-quarter; I I O thence 589'46 ' 57"E along said South line w o a distance of 360 .00 feet to the South- o 0 east corner of said Northeast one- o 0 °8 2 quarter ; thence N00'00' 00"E along the o _ o East line of said Northeast one- fki m I u quarter a distance of 2657.82 feet I SCALE: to the POINT OF BEGINNING. (N W CONTAINS : 21 .962 acres more or less . I I 4.1 L I N IN[ 1/4. Iles Lie N[w I SE Came, 360.00 NE I/4. • 589°46'57"E I I SE Corner Sim.4. SURVEYOR' S CERTIFICATE ; I hereby certify that this plat was prepared La my supervision and that the same is correct to the best of my knowll4 belief. p ©4 Date: FO' 22/ I/ 8� lrin ;o °�1�r° iG , Cecil R. Crowe u1,:m4llt of Colorado RLS NO. 12330 "#�O '''...---:n PROPERTY OWNER' s APPROVAL: We, Cheryl A. SchellenbChrus A. erg g and being the sole owncr (s) in fee of the above described property, do hereby request the zoning as shown on the attached map. X etc The foregoing certification was acknowledged before me this P• Ftbtaa*a A.D. , 19 ra,. Witne my hnd and eal . My commission expires: . . WP Notary Public PLANNING COMMISSION CERTIFICATION: This is to cert fy that the Weld County Planning Commission does hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this zone change as shown and described hereon this day o 19 • Cha , Planning omission BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This IB TOCERTIFY NAT COUNTY COMMISSN„IER6, WELD -cairn COLORADO DO HEREBY CONFIRM, A -AND ADOPT ,T AS B f s,RNI R ICOLOocas Y ATTEST: `M� 2(k tr) COON CLERK MAN, BOARD OF C UN T COMMISSIONERS X E TY a J rre J lyiACLy._-4 J RECORDED: DATES_. CLERK TO THE BOARD CHECKLIST Hearing Title: C/ Received from Planning Department Hearing date -approved Notice typed —0 Notices -sent to: Le-gal advertising Planning Department Health Department Bulletin board Local newspaper Adjacent landowners • Packets made Packets to Commissioners Hello