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RESOLUTION
RE: APPROVAL OF CONDITIONAL USE PERMIT NO. 68: 81: 1 FOR A PRIVATE
LANDING STRIP - PHIL SPANO AND ROBERT WEISS
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 of Weld County,
Colorado held a public meeting on the 20th day of May, 1981 at
the hour of 9: 00 o' clock a.m. for the purpose of hearing the
application of Phil Spano and Robert Weiss for a Conditional Use
Permit for a private landing strip on the following described
real estate, to-wit:
Part of the Northwest Quarter of Section 25,
Township 1 North, Range 66 West of the 6th
P.M. , Weld County, Colorado
WHEREAS, evidence was presented in support of the approval
of the Conditional Use Permit for a private landing strip on the
above described real estate, and
WHEREAS, Section 3. 3 .D. of the Weld County Zoning Resolution
authorizes such a use in an Agricultural Zone District upon appro-
val of a Conditional Use Permit by the Board of County Commis-
sioners , and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado heard all of the testimony and statements of those pre-
sent, has studied the request of the petitioners and the recom-
mendations of the Weld County Planning Commission and all of the
exhibits and evidence presented in this matter, and having been
fully informed, is satisfied that the request for a Conditional
Use Permit for a private landing strip on the hereinabove described
real estate complies with all of the conditions as set out in
Section 3. 3.D. (2) of the Weld County Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application of Phil
Spano and Robert Weiss for a Conditional Use Permit for a private
810161
landing strip on the hereinabove described tract of land be, and
hereby is, granted subject to the following:
1. The Development Standards contained in the
Conditional Use Permit.
2 . No building or electrical permits shall be
issued on the Conditional Use Permit area
until the attached Development Standards
for the Conditional Use Permit have been
placed on the Conditional Use Permit plat
and said plat has been delivered to the
office of the Department of Planning Services .
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the reasons for approval contained
in the Planning Commission recommendations dated May 5, 1981 be,
and hereby are, adopted as the findings of fact of the Board of
County Commissioners in this matter.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
May, A.D. , 1981. `
afrw 7Wt44�t�o .r1 BOARD OF COUNTY COMMISSIONERS
ATTEST: WE CO NTY, COLORADO
Weld County Clerk and Recorder O�l (Aye)
and Clerk to the ,Boa huck Carlson, Chairman
BY<� >� C (Aye)
192
Deputy Co y erk Norman Carlson, Pro-Tem
‘OVED AS TO FORM: ei, / y (Aye)
C. W. K by
County Attorney ,— <� z (Aye)
T. Martin
i
ye)
ne K. Steinmark
DATE PRESENTED: MAY 27 , 1981
E TJ9 OF FECOMFDATLM TO THE FOAD OF COJTY SF _ _ rS
rase :Jn. cup _ 68:81 :1 :=,e May 5, 1981
] C _ =0N OF Phil Spano and Robert Weiss
602 W. 62nd. Ave. , Denver, Colo. - 80216
ADDESS
•
N, Aed by Jerry Kiefer that the following resolution be introduced
for aSseoe by the Veld County Planning Co -.ission:
Ee it Resolved by the l-:eld County P1annino Co scission that the
a:oiication for Private landing strip
covering the following described property inheid County,
Colorado, to-wit:
Pt. NEq, Section 25, TIN, R66W
be recommended (favorably) (unfavorably) to the Board of County
Commissioners for the following reasons:
1 . It is the opinion of the Planning Commission that this request is in agreement
with the Weld County Comprehensive Plan in that the proposed use would not
appear to have any adverse impacts on the agricultural interests of the
County or the environment.
2. It is the opinion of the Planning Commission that with the design and
controls proposed in the operation, and the attached development standards ,
there is little chance for adverse impacts on the surrounding environment.
3. It is the opinion of the Planning Commission that this proposed operation
Continued on second sheet -
1otion seconded by Jerry Kiefer
Vote: For Passage Bob Ehrlich Against Passage _
Don Billings
Bob Halierarr
Jerry Kiefer
Bill Diehl
Jack Holman
Fred Otis
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.
Resolution of recommendation to the Board of County Commissioners
Page 2. CUP-68:81 :1
Phil Sapano and Robert Weiss
Continued
operation is in compliance with the provisions of Section 3.3.D.(2.) of
the Weld County Zoning Resolution. This determination is based in
part upon a review of the information submitted by the applicant,
other relevant information regarding the request and the responses
of the referral entities which have reviewed this request.
The Planning Commission's recommendation for approval is conditional
upon the following:
1 . The attached Development Standards being recommended and
adopted for the Conditional Use Permit.
2. No building or electrical permits shall be issued on the
Conditional Use Permit area until the attached Development
Standards for the Conditional Use Permit have been placed on
the Conditional Use Permit plat and said plat has been
delivered to the office of the Department of Planning
Services.
VT:jkm
DEVELOPMENT STANDARDS
CUP-68:81:1
1. The uses permitted on the hereon described parcel shall be a landing
strip limited to the facilities shown hereon (two private recreational planes
and one agricultural application plane) and all other uses permitted by right
in the Agricultural Zone District.
2. The Conditional Use Permit area shall be maintained in such a manner so as to
prevent soil erosion, fugitive dust, and the growth of noxious weeds. The
appearance of the Conditional Use Permit area shall be maintained in a neat
and orderly condition.
3. All phases of the operation shall comply with all County and State Health
Standards and Regulations pertaining to air quality, water quality, noise
emission, and sanitary disposal systems.
4. All accesses shallhave the approval of the Weld County Engineering Department.
All accesses shall be constructed in accordance with the recommendations and/or
requirements of the Weld County Engineering Department.
5. Construction of the landing strip shall conform to Federal Aviation Adminis-
tration standards and/or regulations regarding air safety and any other
applicable rules and regulations of governmental bodies having jurisdiction
on the premises.
6, The Conditional Use Permit shall be limited to the plans shown hereon and
governed by the Development Standards stated above and all applicable Weld
County Regulations. Any material deviations from the plans and/or Develop-
ment Standards as shown or stated above shall require approval of an amend-
ment to the Conditional Use Permit by the Planning Commission and the Board
of County Commissioners before such changes from the plans and/or Development
Standards shall be permitted. Any other changes from the plans and/or
Development Standards shall be filed in the office of the Department of
Planning Services.
7. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Development Standards. Non-
compliance with any of the above stated Development Standards may be reason
for revocation of the Conditional Use Permit .
B-37
VT:rg
CERTIFICATION OF COPY
I , Jeanene Moore , Recording Secretary of 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 . rciopted on May 5, 1981 and re-
corded in Book No . VII of the proceedings of the said Planning
Commission .
Dated the 7th. day of May 1981
Secretary 1
Date: May 6, 1981
CASE NUMBER: CUP-68:81:1
NAME : Phil Spano and Robert Weiss'
REQUEST: Landing strip
LEGAL IAESCRIPTION: part of the NE1, Section 25, T1N, R66W
LOCATION: 11 mile north of Lochbuie
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS TIIAT THIS
REQUEST BE approved FOR THE FOLLOWING REASONS:
1. It is the opinion of the Department of Planning Services Staff that this request
is in agreement with the Weld County Comprehensive Plan in that the proposed
use would not appear to have any adverse impacts on the agricultural interests
of the County or the environment.
2. It is the opinion of the Department of Planning Services staff that with the
design and controls proposed in the operation, and the attached development
standards, there is little chance for adverse impacts on the surrounding
environment.
3. It is the opinion of the Department of Planning Services staff that this proposed
operation is in compliance with the provisions of Section 3.3.D.(2.) of the
Weld County Zoning Resolution. This determination is based in part upon a
review of the information submitted by the applicant, other relevant information
regarding the request and the responses of the referral entities which have
reviewed this request.
The Department of Planning Services staff recommendation for approval is conditional
upon the following:
1. The attached Development Standards being recommended and adopted
for the Conditional Use Permit.
2. No building or electrical permits shall be issued on the Conditional Use
Permit area until the attached Development Standards for the Conditional
Use Permit have been placed on the Conditional Use Permit plat and said
plat has been delivered to the office of the Department of Planning
Services.
•
B-36
DE7EL0PMENT STANDARDS
CUP-68:81:1
1. The uses permitted on the hereon described parcel shall be a landing
strip limited to the facilities shown hereon (two private recreational planes
and one agricultural application plane) and all other uses permitted by right
in the Agricultural Zone District.
2. The Conditional Use Permit area shall be maintained in such a manner so as to
prevent soil erosion, fugitive dust, and the growth of noxious weeds. The
appearance of the Conditional Use Permit area shall be maintained in a neat
and orderly condition.
3. All phases of the operation shall comply with all County and State Health
Standards and Regulations pertaining to air quality, water quality, noise
emission, and sanitary disposal systems.
4. All accesses sua?lbave the approval of the Weld County Engineering Department.
All accesses shall be constructed in accordance with the recommendations and/or
requirements of the Weld County Engineering Department.
5. Construction of the landing strip shall conform to Federal Aviation Adminis-
tration standards and/or regulations regarding air safety and any other
applicable rules and regulations of governmental bodies having jurisdiction
on the premises.
6. The Conditional Use Permit shall be limited to the plans shown hereon and
governed by the Development Standards stated above and all applicable Weld
County Regulations. Any material deviations from the plans and/or Develop-
ment Standards as shown or stated above shall require approval of an amend-
ment to the Conditional Use Permit by the Planning Commission and the Board
of County Commissioners before such changes from the plans and/or Development
Standards shall be permitted. Any other changes from the plans and/or
Development Standards shall be filed in the office of the Department of
Planning Services.
7. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Development Standards. Non-
compliance with any of the above stated Development Standards may be reason
for revocation of the Conditional Use Permit.
B-37
VT:rg
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FIELD CHECK
FILING NUMBER:- CUP-68 DATE OF INSPECTION: Aril 30, 1981
NAME: Phil Spano, et al
REQUEST: air strip
LEGAL DESCRIPTION: part of the NEI'. Section 25, 'riN, R6F,w
LAND USE: N Agriculture
E Agriculture
S Agriculture
W Agriculture
ZONING: N Agriculture
E Agriculture
LOCATION: 11mile north of Inrhbuia
S Agriculture
W Agriculture
COMMENTS:
The site is flat, cultivated ground similar to adjacent property. The Speer Canal
lies west of the strip. East of the site across Weld County Road 37 are two homes.
One is southeast of the proposed strip, the other northeast of the proposed strip.
No other residences would appear to be potentially affected by the illustrated flight
pattern shown on the plan.
1 i
BY: Vt,%1U6-4
TEH:rjg
f •
( l
CONDITIONAL USE PERMIT APPLICATION
Weld County
Department of Planning Services
• 915 - 10th Street
Greeley , Colorado 80631
PHONE : 356-4000 Ext. 400
FOR PLANNING DEPARTMENT USE ONLY :
Permit Fee : Vie .OO Case Number : C---4,E? %Ik'�
Recording Fee : Sic pc, , 318 App. Checked by : VT
Receipt No . : 111 11 3-31 $t
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE-
14ENTS : Print or type only, except for necessary signatures .
I , (we ) the undersigned , hereby request a hearing before the Weld County
Planning Commission concerning a proposed Conditional Use Permit for the
following described unincorporated area of Weld County :
LEGAL DESCRIPTION of contiguous property owned upon which Conditional Use
Permit is proposed :
Township 1 Nbrth, Range 66 West, 6th P.M., Section 25:
W 1/2 NW 1/4; that portion_ of the NE 1/4 and the F 1/2 NW 1/4 lying south
of a line 880 feet Parallel to and south of the north line of Section 25.
LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA:
'Ihat portion of the Imo: 1/4 lying south of a line 880 fact parallel to and
south of the rertz lire of Section 25, T1N, R66W
1515 WCR =37 ppproxi.nately ZONE :
STREET LOCATION : 1 1/7 -1 c r,nrth of TochhniP A
PROPOSED USE : Airstrip for aerial spraying business. Facilities will consist of 60 feet
wide x 2500 feet dirt airstrip, n=xirrur. of three planes & 50' x 60 ' natal building _
REASON : To operate acriculttrl aerial spravina business
FEE OWNERS OF AREA PROPOSED FOR CONDITIONAL USE : Lucky 4 Ranches
Remaining Partners: 602 W. 62nd Ave.
NAME : Phil Steno ADDRESS : F nver, CO 80216 TEL : 429-3433
NAME : Robert Weiss ADDRESS : sane TEL : Sarre
NAME : ADDRESS : TEL :
I hereby depose and state under the penalties of perjury that all state-
ments , proposals and/or plans submitted with or contained within this
-application are true and correct to the best of my knowledge .
COUNTY OF WELD )
STATE OF COLORADO)
Sicfature : 0 r off Authorized Agent
Subscribed and sworn to before me this 6 /-4 day of /26)264,, , 19 ,e/
SEAL 6
4 ary Public
My commission expires : t;,y C,=, ss,cn exPi'e5 June 5; 1982
X
LAND USE / SURVEYING
QUEST CONSULTING
6091 Brighton Blvd. • P. O. Box 159 • Commerce City, CO 80037 • (303) 288.0267
March 17 , 1981
Board of County Commissioners and
Weld County Planning Commission
915 10 Street
Greeley, CO 80631
Re : Percision Aerial Application Corporation
To whom it may concern:
In regards to the above application, the following is a general
description of the operation proposed to be covered by the condi-
tional use.
Precision Aerial is a business established for the purpose of
applying pesticides , fertilizers , seed, and other agricultural
aerial products . The operation is intended to be operated from
the Lucky 4 Ranch which is located in the NE 1/4 of Section 25 ,
TS1N, R66W. Mr. Spano, who is one of two partners owning the
Lucky 4 Ranch , is also an owner in Precision Aerial . At present
the ranch has two conventional homes , a mobile home, several as-
sorted agricultural structures , and an existing dirt airstrip.
The ranch is and will continue to be utilized primarily for pro-
duction of farm products . The only changes necessitated by the
addition of the aerial spray operation will be relocation of the
airstrip (60 ' x 2200 ' ) 300 ' north of the present location and
eventually the addition of a 50 ' x 60 ' metal building. The max-
imum number of aircraft that will be stored on the property is
3 ; two private recreational planes owned by principals of Preci-
sion Aerial and 1 agricultural application plane . The operation
also involves a pick-up size truck and a 20 ' flatbed trailer.
On the trailer is 2 permanent tanks , one 400 gallon mixing tank
and one 350 gallon water storage tank . Also stored on the trail-
er will be concentrated fertilizer and pesticide chemicals in 1 ,
5 , 30 , and 55 gallon Department -f Transportation approved con-
tainers . The maximum total amount of such concentrated chemicals
is 100 gallons . The maximum diluted chemical that will be
carried on the aerial application plane is 300 gallons . Water
for dilution is to be supplied by the existing well on the pro-
perty . In terms of the number of flights , the maximum number
by the application plane will be 5 operations (takeoff and land-
ings) per day during the months of April to September. The max-
imum total for the two recreational planes is 5 operations per
week .
E:.
Board of County Commissioners and
Weld County Planning Commission
March 17, 1981
Page 2
The takeoff and landing patterns will be as shown on the accom-
panying map and has been designed to minimize noise to adiacent
residences . These corridors will avoid flying over any homes
within 1+ miles of the airstrip. Except in severe weather con-
ditions these corridors will be strictly adhered to .
In summary, the use of this property is compatible with the
intent of the agricultural zoning classification, and the spe-
cific plan has been designed so as to not adversly affect either
adjacent residences or property. The applicants therefore re-
quests your favorable consideration of their request, and if
further detail or additional information is needed they will be
happy to provide it .
Sincerely,
Ca- 4
Robert Flemi
jl
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ai. 4 v 7 y++ k s -v:R rf«. Y T.,Mrcfi:
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ThB map,s compiled on 1974 aerial ___ _ ___ _ ___ _ ___ _
(303) S37-5076
MAR 231981
t
fir-. A. J. Betrescentis
Agricultural 0ptrations Director
lucky Four Ranches
602 West 62nd Avenue
Denver, Colorado dC2I6
"ear ar. CeCrescentis:
An airspace analysis of the proposed modifications to the private-use Lucky
Four Airport , 3ri_ghton, . Colorado, as stated in.ycur letter dated March 12,
1981, has been caopleted. Based on this study, the Federal Aviation
Administration (FAA) Eras -no objection to the proposal. ,
This airspace eetcruination should not be construed to mean FAA approval of
-the physical development involved in the proposal. It is only a determi-
nation with respect to the safe and efficient use of airspace by aircraft.
In sating this determination, the FAA has considered matters such as the
-effect the proposal would have on the existing or contemplated traffic
patterns of neighboring airports, the effects it would have on the existing
airspace structure and projected programs of the FAA, and the effects that
existing or proposed t*an-lade objects (on file with the FM) and natural
objects within the affected area would have on the proposal. This determi-
nation in no way preempts or waives any ordinances, laws, or regulations of
any governmental body er agency.
bow should also be aware that the FAA cannot prevent the construction of a
structure near the Lucky Four Airport. The airport environs can only be
protected through sueh newts as local zoning ordinances or acquisition of
property. It is up to you, as the owner, to provide for this protection.
2
no evaluation of the environmental aspects of the proposal was made in
reaching this determination. Therefore, this determination is not to be
construed as approval of the proposal from an environmental standpoint under
Public Law 91-1^0 (National invirowental Policy act of 195'1).
Thank you for your cooperation in this matter. If you have any questions,
please contact me at the above member.
Sincerely,
Kenneth J. Hardison
Kenneth J. Hardison
4irprt Planter
-7lanninz applications 3action
Airports 3lvision
cc:
AAS-300
ARM-530 airspace case nwmber 3I-ARM-39-NRA
ARM-S12E:Kliardison:by:3/18/81:x5075
DISK 8P1:02-03/18
•
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United States Soil ).‘‘
7 ^aamzn2 of Conservation 1.0;; W. roiata S'_ree+ .;='mot on, CC) SOS0I
1 o7it:dture Se r.ice
;'arch 27, 1931 "
44 C
Robert U. Fleeing /
P.O, Bon -159
Co mere C. ;, CO T!C^:,'
RE : Soil ._.rpn-,totlene - Friytto i :.. _ raii
_A;,...O.;
kj..t*,
The soils found en the ai:o- descries.. :--n. rrl o-: 7a . one tr b Sandy n,
teen (76) and Olney Pins Sandy e + ^ cli droh-:f coils
rI I:, t
_formed in nol7an deposits. P rn ab ty .o ..etc .. . 1. _. _7p-
aci_, is r der tr , c_i,+e notionrun" �
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off i; slcu and the ootential for
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should be no ptohlea. ::ith , , sc soil" for an cir- \h
,trip. So-:c0 soil hiet:ing may occur on to + .. _- but this should 14.er
-be nano-". Ls before, I can See no _�i t For is for y .. ... on r" 1
airstrip. a
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ihould you need any additional _nfor°. -`_ieo yle '. _ .fir not ''csittt-c to -all on O -s
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At:any-- Conservationist.l (, crrl3t ,r.n er•.rLco �' Q�,C.; �O 'p !�\' � '....
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OA2 - =-. C-_ST Phil Spano and Robert W ..-a
CASE y CU?-168:81:1
•
REF ERR-A-1,3-1,S SENT OUT ON: April -8, 1981
CO REFERRALS TO EC RECEIVED BY: -April 23, 1981
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�. U] .— _ Y.. ER. _ ALS t.C£1 Fn y X4yyyy yW UMAYy- ►-1- g 5
County Aea7th
County Engineer .
1( -4•4 - ,�2-� f Brighton Soil Conservation District
108 West Walnut Street
Brighton, Colorado 80601
h{ --al{ -Town of Lochbuie - April 16, 1-981
Route 4 Box 99 - 6,62-1395
Brighton, Colorado $0601
-Hudson Fire District
-c/o Judith McGill
P.O. Box 7
-Hudson, Colorado 80642
-21-%- Colorado Geological Survey
x 1313 Sherman Street
-Room 703
Denver, Colorado 80203
Wilbur Wafel
Planning Commission
P.O. Box 333
Keenesburg, Colorado 80643
Weld County Health Department BOARD OF HEALTH
-Fran Christensen.Rate-
A.M. Dommguer.or.,JD,Greeley
John-P.Cullen, M.D. 1616 HCbPltnt WOAD Robert Drennan. PhD.Greeley
Acting Medical Director Smee,
Shaughnessy, PHN,Ault
GREELEY, COLORADO 80631 Annette M. Lopez,Greeley
(303) 353-0540 Ko
Lois mee, FNP,Ft. Lupton
Arthur-G.Watson,Platteville
April 16, 1981 David Working, DOS,Greeley
John M.Wheeler.Greeley
TO: Vickie Traxler, Asst. Director Planning and Zoning
FROM: Ronald K. Stow, Acting Director - -_Environmental Health 07
7
RE: CUP-68:81: 1
We have following comments based upon our review of the
proposed landing strip:
• 1. -Retain suggested development standard No. 3. Zf
metal building is ever to have a septic system, permit
_application must be made through this office or at
the Fort Lupton office.
2. All handling of pesticides and toxic materials and
their waste products must be done following all applica-
ble Environmental Protection Agency statutes, rules and
regulations.
•
l
_ AILING
CUP-68:81:1
Phil -Spano & -Robert Weiss — t
fi
Lydia and Samuel Wensel Donald L. and Sheryl L Smith
1353 Weld County -Road 37 Route 1 -Box 1218
Brighton, Colorado 90601 Brighton, Colorado $0601
Henry Beirle
1943 Weld County Road 37
Brighton, Colorado 80601
Eugene Palmbo
1504 Weld County -toad 37
Brighton, Colorado 90601
Alvin Seader
1724 Weld County Road 37
Brighton, Colorado 80601
Orlena Lehl
1414 Weld County Road 37
Brighton, Colorado 50601
Fred and Dorothy Gilmore
18442 Weld County Road b
Brighton, Colorado 80601
Arthur and Eleanor $eirle
13065 Weld County Road 2
Brighton, Colorado 80601
)ani-el Cronin, et al
3805 West 26th #718
)enver, Colorado 90211
;heldon and _Evelyn Stillman
'090 South Clinton Street
Denver, Colorado 80231
obert _T. and Swanda S. Merritt
092 Tate Avenue
ort Lupton, Colorado 80621
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