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Home My WebLink About850959.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR PRIVATE AIRSTRIP - MARC C. AND AUDREY H. MINNIS 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 9th day of October, 1985 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Marc C. and Audrey H. Minnis , 3615 Weld County Road 13 , Erie, Colorado 80516 , for a Use by Special Review for a private airstrip on the following described real estate, to-wit: Part of the S# NEa, Section 13 , Township 1 North, Range 68 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 this request shall 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 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 policies in that the use does not infringe on i 7 , %,v asovs , Page 2 RE: USR - MINNIS the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. b. The proposal is consistent with the intent of the Agricultural Zone District and provided for as a Use by Special Review. c. The activities proposed will be compatible with existing agricultural uses as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature. d . No overlay districts affect the site. e. Use by Special Review Development Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a private airstrip on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . Approval is contingent upon meeting the requirements outlined by the FAA. Page 3 RE: USR - MINNIS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D. , 1985 . ` „ ^ ...7, BOARD OF COUNTY COMMISSIONERS ATTEST; 11/10_,,r, 0,1„r, WELD COUNTY, COLORADO Weld County �lerk and Recorder a� . •wi 0 _ and Clerk to the Board .• ine LT son, Chairman kii BY: �/ dr7)p � ` Pro-Tem Gene R. Bran er, eputy County Cl rk , Lc APPROVED AS TO FORM: C.W. K —` C 2 L o - - 7 C u.nty Attorney F nk agug 1 DEVELOPMENT STANDARDS Marc C. and Audrey H. Minnis USR-694 : 85 : 38 1 . The uses permitted shall be a private airstrip and equipment storage/hangar building for one single engine aircraft as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed herein. 2 . The Use by Special Review Permit shall not be transferable by the applicant and/or owner to any successors; the Use by Special Review Permit shall terminate automatically upon conveyance or lease of the property with others for operation of the facility. 3 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 4 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 5 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated herein and all applicable Weld County Regulations. 6 . The Use by Special Review area shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes 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 Standards . Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-67 RE: USE BY SPECIAL REVIEW FOR A PRIVATE AIRSTRIP - MARC C. AND AUDREY H. MINNIS A public hearing was conducted on October 9, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn The following business was transacted: I hereby certify that pursuant to a notice dated August 28, 1985, and duly published September 5, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the application of Marc C. and Audrey H. Minnis for a Use by Special Review for a private airstrip. Lee Morrison, Assistant County Attorney, made this matter of record, and stated that this hearing had been continued from September 18, 1985, at the request of the applicants. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and stated that seven Development Standards have been proposed in conjunction with this application. Audrey Minnis came forward to answer questions of the Board. No public comment was received from members of the audience. Following discussion, Commissioner Lacy moved to grant the Use by Special Review for Marc and Audrey Minnis, subject to the conditions and Development Standards contained in the recommendation of the Planning Commission. The motion, seconded by Commissioner Kirby, carried unanimously. This Certification was approved on the 14th day of October, 1985. APPROVED: --y�'��r� BOARD OF COUNTY COMMISSIONERS ATTEST:!1t � � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar J c e John , Chairman De uty County C e Gene R. Brantner, Pro-Tem ✓C C.W. Ki b� G d . acy /4� 4 r. maguchi/ / TAPE #85-86 DOCKET #85-67 LHR 2281 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : OCTOBER 9, 1985 DOCKET # 85-67 - MARC & AUDREY MINNIS - USR, PRIVATE AIRSTRIP DOCKET # 85-50 - HINGE FREY - USR, MOTOCROSS RACE TRACK FACILITY DOCKET # 85-66 - MARTIN ESTATES - FINAL PUD PLAN DOCKET /I 85-75 - CARL & LAVONNE GIRARDIN - USR, ACCESSORY STRUCTURE OVER 1,500 SQUARE FEET PLEASE write or print legibly your name, address and the DOC n (as above) or the applicants name of the hearing you are attending . NAT1E ADDRESS HEARING AT"ENDING ! Mns t, sew o Pc-rcgs 't€303 LJc✓i �-) M At ip EJ �r lei D.c�� 1776 S kir Ri , e) fieim,. /g-4.4.lanie S c,'o F A . c�/S/J 1]s/7SS:i-rR114' �f!/z7�/�ttfvyd v i/7/1 /.u/ i � I�dl�l V"� z#lib aiq. c -4rat; 1 P -7 11,6s h On t?V) �' /I o h Sze w C'e›1z> y EXHIBIT HEEP INVENTORY CONTROL S Case .://5/ 7/G1,y,-cam„ Exhibit Submitted By Exhibit Description /3 A. 7"L2»G9:�J�l/ x�4 teluri'7- &21L�- el:��?zc-G4"ce egq B. �,Q//.:I°.GYlir L�"2. 7-4?/_ J-n / l 't��u D. ( - ?l°� '�Z W440c/ E. F. G. H. J. K. L. M. N. O. NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning 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, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. APPLICANT DOCKET NO. 85-67 Marc C. and Audrey H. Minnis 3615 Weld County Road 13 Erie, Colorado 80516 DATE: September 18, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Private airstrip LEGAL DESCRIPTION: Part of the Si NE}, Section 13, Township 1 North, Range 68 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: Mary Reiff, Deputy DATED: August 28, 1985 PUBLISHED: September 5, 1985, in the Johnstown Breeze ' ice` leen::of onesapd M AFFIDAVITOF PUBLICATION WM be MO 4a 91 ' t THEJOHNSTOWNBREEZE mitt STATE UP COLORADO ) I SS .,, � Ir b COUNTY or WELD 'MS be bowl I, Clyde Briggs, do solemnly swear that I Mr.pasfelaa y or am publisher of The Johnstown Breeze, �ne that the same is a weekly newspaper toetaMe aT printed, in whole or in part, and published a - t8- in the County of Weld, State of Colorado, ro and has a general circulation thu Cin, that Nov era oo�u said newspaper has been published Y� u u.CNgt to continuously and uninterruptedly in said the a Office shall be County of Weld for a period of more than at d M re of he fifty-two consecutive weeks prior to the hearing Ths er�aaW�lry•• mud reporter shall b•bone,.br first publication of the annexed legal notice the 09uetlog party. or advertisement; that said newspaper has BE IT may KNOWN that the been admitted to the United States mails as text and maps soeendled-by the second-class matter under the prove inns of Weld County Panning InCm- at the the Act of March 3, 1117 9, or any SWG to s� amendments thereof, and that said east newspaper is a weekly newspaper duly TMrd qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and DOCKET NO. es-er entire issue of every number of said weekly APPLICANewe a wbeTs newspaper for the period of ...1.. cansecu- 3515 Wad H' 13 live insertions; and that the first County Road ad 519 EM, Colorado 50518 publication of said notice was in the issue of DATE: September 18, 1585 said newspaper dated 7/C.., A.D. Ib and that the last publication of said notice TIME: 2:00 P.M.REQUEST: Use was in the issue of said newspaper dated MINIM • Private by Special was 19 �rW In witness whereof I have hereunto set LEGAL DESCRIPTION: :Part ofthe my hand this ...L.;? day of ..{J.c.F Township ip 1 No , Ranw ah 188 A.D. 19 yr West of the 8th P.M, Wad County, Colorado BOARD OF COUNTYCOMMISSIONERS / 6�/ A -WELD //O N Publisher BY: Y,ANN �O41ER UERS ND N 11E ORDER CCLERK Subscribed and sworn to before nu, a TO THE BARD Notary Public in and for the County of By: Mary Rely Deputy W9)0 State of Colora o, this ./7 day of DATED: August 25, 1986, ..(yd.11 A.D. 10 PUBLISHED:September 5, 1985, In the Johnstown Breeze Notary Public,_ My commission expires . AF IDA t it-T O1=PUBLIUA 1 ION FARMER AND MINER County of Weld ) ss State of Colorado ) LEGAL NOTICE NOTICE JosePh s e P h H . Rebel do Pursuant rote zoning laws of the State of areraa■._n d tea Wall solemnly swear that THE FARMER AND MINER is a weekly County Tuning ordinance, newspaper which is published in the County of Weld, State of ChouMorino e scanwill be thy, Colorado, and which has general circulation therein; that said Cennty � W�dhislospir* EMS newspaper has been published continuously and unkerruptedly in Center,915 ION Prat,First Fade. Oreeteysaid County of Weld for aperiod of more than fifty-two consecutive *Killed. Ail Colorado, Ii troy time Y- nerr interes Mt amens lit p�- r weeks next prior to the first publication of the annexed legal notice dal Review are requntad to attend or advertisement; that said newspaper has been admitted to the and may he heard. United gates mails as second-class matter under the provisions iShould the nte- rested Farry�wao-annt or rrany i e- of the Act of March 3, 1879, or any amendments thereto, and that a certified court reporter to make • said newspaper is a weekly newspaper duly qualified for pub- a tilt �reto .of ypn record which 11 fishing legal notices and advertisements within the meaning of be kept dories the Waring, me Clerk to the Soares Office can the laws of the State of Colorado. be cenfacted for a list of certified court reporters in the area. If a That the annexed legal notice or advertisement was published clerk to w reporter hea obtained, nd s the weekly Ice shell be advised In writing in the regular and entire editions of said 40y newspaper once each n iorrMtctt at least days • The coat of en, a court reltrrmesyme week on the same day of each week for the period of One requesting rty. BE IT ALSO KNOWN that the text and maps is crINedby the Weld• consecutive insertions; and that the first publication of said notice County Pfa tau Collilliimion may he araahpd In f1hyek office of the Clerk PI-Sher Ewrd et County was in the issue of said newspaper dated S¢A.t.embe.r...5..., Gemmusileperpr e95lat ro i a Wed County : Street, Third Moor,'stedey, Co- brace. 19...8`.1.., and that the last publication of said notice was in the DOCKET NO.1547- issue of said newspaper dated ,,,, ga Man C.115Audrey Applicant i ., / 3115 Weld County Read 13 Erb,Colorado WM r •••..... ... ..S •• DATE: SNKembr U, INS /� Business Manager t TIME:S:N F.M. Subscribed and sworn to before me this kt.t4a day of REGUEST:Dmby Special Rayless. private airstrip SeP P t e pi k,g,r 19 85 LEGAL DESCRIPTION Part of the St NEM, Section is, Township t.hIrm, Range ft West My Commission Expires 3 9-86 of the illk.Colorado l.Rk' JY■Y -ty' /-: �. �- / WARO'� ONERS ` ete-4 COMMISSIONERS WELD COUNTY,COLORADO Notary Public BY: Mary Ann Feurseln COUNTYCLERK AND 6 FEES AN CLERRK TO THE BOARD BY:Mary RUN,Deputy DATED:August,L,11S5 Published in the Farmer & Miner on September 5, 3955. a-1300-0I / 1 /. ' Summary of the Weld County Planning Commission Meeting August 20, 1985 Page 5 occupancy, and trying on the other hand to get the rest of your improvements started or done. There is a potential for a lot of problems down the road. What happens if somebody comes in a buys a lot at the end of a cul-de-sac; he wants to start huidling there. None of the lots ahead of this property has been sold and the developer does not want to put in and complete the road. The property owner is trying to start a building, and there are real conflicts involved. Lydia Dunbar - yes; Paulette Weaver - no; Bill McMurray - yes; Louis Rademacher - no; Jack Holman - yes; Sharon Linhart - yes. Motion is denied with four voting against the motion and three voting for the motion. MOTION: Bill McMurray moved Case Number S-249:85:6 for Martin Estates Planned Unit Development for a Final Planned Unit Development Plan be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and amended by the Planning Commission and the testimony heard by the members of the Planning Commission. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Doug Graff - yes; Lydia Dunbar - yes; Paulette Weaver - No, because she feels this proposal definitely, among other things, does not meet the requirements and performance standards for common open space and for adequate water and sewer provisions. Bill McMurray - yes; Louis Rademacher - yes; Jack Holman - No, he agrees with Paulette. He feels this type of development, where they are not supplying the water and sewer service, is one of the things that goes against the County's Comprehensive Plan. Sharon Linhart - No, she also feels there have not been adequate provisions made for a Planned Unit Development. Motion carried with four voting for the motion and three voting against the motion. CASE NUMBER: USR-694:85:38 ike APPLICANT: Marc C. and Audrey H. Minnis REQUEST: Use by Special Review permit for a private airstrip LEGAL DESCRIPTION: Part of the S1 NE1 of Section 13, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 11 miles south of Dacono; west of Weld County Road 13 and north of Weld County Road 8. (? Summary of the Weld County Planning Commission Meeting August 20, 1985 Page 6 APPEARANCE: Audry Minnis, property owner and applicant, reported they have a hay field on the south side of their property which they have been using for a private airstrip. The use is purely recreational, only in the day time, and not when the hay is growing or when there is snow on the field. They have only a single engine plane, and when they are able to take off and land, the airstrip would be used approximately once a week. There would be no other people using the airstrip, ether than for an emergency. They would also like to put up a hangar behind their existing garage. Pod Allison reported Molly Sommerville, Attorney, Champlin Petroleum Company, has submitted a letter stating the airstrip would not interfere with any future drilling or right-of-way plans they have for obtaining oil or gas from this property. Les White, Rocky Mountain Energy, a subsidiary of Union Pacific Railroad, reported Champlin Petroleum is the branch of their Company which handles oil and gas minerals and Rocky Mountain Energy handles other forms of minerals. There is a coal deposit in this area that will be strip-mined sometime in the future. Fe did not foresee that the airstrip would interfere with this provided it remained private and is not used any more often than the applicants state they are planning to use it. MOTION: Paulette Weaver moved Condition Number 3 be added to read as follows: "Approval is contingent upon meeting the requirements outlined by the FAA." Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. MOTION: Paulette Weaver moved Development Standard #2 be changed to read as follows: Summary of the Weld County Planning Commission Meeting August 70, 1985 Page 7 "The Use by Special Review Permit shall not be transferable by the applicant and/or owner to any successors; the Use by Special Review permit shall terminate automatically upon conveyance or lease of the property with others for operation of the facility." Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman asked Mrs. Minnis if she had reviewed the recommendation, conditions, and development standards as outlined by the Department of Planning Services staff. She stated she had and has no objections to anything as stated. The Chairman asked that reading the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Bill McMurray moved Case Number USR-694:85:38 for Marc C. and Audrey P. Minnis for a Use by Special Review permit for a private airstrip be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff and amended by the Planning Commission and the testimony heard by the members of the Planning Commission. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Doug Graff — yes; Lydia Dunbar - yes; Paulette Weaver - yes; Bill McMurray - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. The meeting was adjourned at 3:45 p.m. Respectfully submitted, Bobbie Good Secretary BEFORE ThE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill McMurray that the following resolution be introduced for passage by the Weld County Planning Commission. Be it tes'odlied by .t1-e Weld County Planning Commission that the application for: C CASE NUMBER: USR-694:85:38 NAME: Marc C. and Audrey B. Minnis ADDRESS: 3615 Weld County Road 13, Erie, Colorado 8051ek`e�Er• co O REQUEST: A Use by Special Review permit for a private airstrip LEGAL DESCRIPTION: Part of the Sk NE4, Section 13, T1N, R68W of the 6th F.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles south of Dacono; west of Weld County Road 13 and north of Weld County Road 8 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts On the agricultural interests of the County or the environment; - The proposal is corsistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review; - The activities proposed will be compatible with existing agricultural uses as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature; No overlay districts affect the site; - Use by Special Review Standards provide adequate protection of the health, safety, and welfare of the neighborhood and County. USR-694:85:38 Marc C. and Audrey H. Minnis August 20, 1985 Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. Approval is contingent upon meeting the requirements outlined by the FAA. Motion seconded by Doug Graff. Vote: For Passage Against Passage Doug Graff Lydia Dunbar Paulette Weaver Bill McMurray Louis Rademacher Jack Holman Sharon Linhart 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 I, Bobbie Good, 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, adopted on August 20, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 22nd day of August 1985. \ Bobbie Good Secretary DEVELOPMENT STANDARDS Marc C. and Audrey H. Minnis USR-694:85:38 1 . The uses permitted shall be a private airstrip and equipment storage/hangar building for one single engine aircraft as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. The Use by Special Review Permit shall not be transferable by the applicant and/or owner to any successors; the Use by Special Review permit shall terminate automatically upon conveyance or lease of the property with others for operation of the facility. 3. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 4. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 5. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 6. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall he filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall he responsible 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. ADDITIONAL COMMENTS Marc C. and Audrey H. Minnis USR-694:85:38 The Tri-Area Planning Commission met on August 6, 1985, to review and make a recommendation on this proposal. A quorum was not present; consequently, no recommendation is available to date. Their next meeting is scheduled for September 3, 1985. The Federal Aviation Administration is conducting an airspace analysis for the subject site. Findings are expected prior to the Board of County Commissioner's hearing. T VE"TCRY OF ITFMS SUBMITTED FCR CONSIDFPATION Case Number Zj;/f l;.'rJ2' I±' A° Submitted or Prenpred Prior to Hearing At Hearing 1. Application / Pages 2. / Application plat (s) I page(s) 3. DPS Referral Summary Sheet r 4. DI'S Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. PPS Mineral Owners Mailing List 7. _h DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. .,(et(4 eta GL L <- 7,C7, 1 12. 7/2,O', I ice g-1 is AA„( ✓ 13.el,r-Ficc test S/,S/bT f'r„— C, +1 4�eF " [ono , x 15. Le . 1 ,e//bkc Fig, Mt/( SoIvV.P�J, ll��l��1� ) X 16. 17. 18. 19. 20. I hereby certify that the /3 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 on / elu..-r 7 3 19 ,b . &L ' Current Planner STATE OF COLORADO ) COUNTY OF WELD q SUBSCRIBED AND SWORN TO BEFORE ME THIS sey DAY OF 19 86 , SEAL 0—\NOTARY PUB IC My Luu.s: ron txp res May Uexmair WV MY COMMISSION EXPIRES_ _ Date: August 20, 1985 CASE NUMBER: USR-694:85:38 NAME: Marc C. and Audrey H. Minnis ADDRESS: 3615 Weld County Road 13, Erie, Colorado 80516 REQUEST: A Use by Special Review permit for a private airstrip LEGAL DESCRIPTION: Part of the SZ NF1, Section 13, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles south of Dacono; west of Weld County Road 13 and north of Weld County Road 8 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review; - The activities proposed will be compatible with existing agricultural uses as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature; - No overlay districts affect the site; - Use by Special Review Standards provide adequate protection of the health, safety, and welfare of the neighborhood and County. USR-694:85:38 Marc C. and Audrey H. Minnis Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adcpted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. DEVELOPMENT STANDARDS Marc C. and Audrey H. Minnis USR-694:85:38 1. The uses permitted shall be a private airstrip and equipment storage/hangar building for one single engine aircraft as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 3. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 4. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 5. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 6. The property owner and/or operator of this operation shall be responsible 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. f U > I 141 , .Q,\,-1kC c) 4 0e 2 < t f-c- t COL w ` ADDITIONAL COMMENTS Marc C. and Audrey H. Minnis USR-694:85:38 The Tri-Area Planning Commission met on August 6, 1985, to review and make a recommendation on this proposal . A quorum was not present; consequently, no recommendation is available to date. Their next meeting is scheduled for September 3, 1985. The Federal Aviation Administration is conducting an airspace analysis for the subject site. Findings are expected prior to the Board of County Commissioner's hearing. LAND-USE APPLICATION SUMMARY SHEET Date: August 20, 1985 CASE NUMBER: USR-694:85:38 NAME: Marc C. & Audrey H. Minnis ADDRESS 3615 Weld County Road 13, Erie, CO 80516 REQUEST: Use by Special Review permit for a private airstrip LEGAL DESCRIPTION: Pt. S: NE11 of Section 13, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1111 miles south of Dacono, west of Weld County Road 13 and north of Weld County Road 8 SIZE OF PARCEL: 30 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is found in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has not yet received a recommendation from the Tri-Area Planning Commission. The Federal Aviation Administration, in a letter dated August 1, 1985, will be forwarding results of an airspace analysis when completed (copy attached) . The Department of Planning Services has received no objections to this request. FIELD CHECK FILING NUMBER: DATE OF INSPECTION: (7-)92 -f NAME: /s79 /CC Hij / K"/V) f' REQUEST: LEGAL DESCRIPTION: LAND USE: N /q A (I- s w 11 G ZONING: N i LOCATION: /7/ k ox . 172- milts E _10 v+-6 J f J)a C r'17 Q at to e7S H . W. C . oac w COMMENTS: -7-4/1 /On � S Veft-71-741y /da qy / rei / Uff' ak /-S -key ( ay -c 2,o O j (Csf-poh,r (vc 1i e (e e Lt/ Y C t l A f it err ;J4 t f ) .(re fro v re 7n we'41-1 ltfir A ;,174,2,1 BY: FIELD CHECK FILING NUMBER: USR-694:85:38 DATE OF INSPECTION: July 25, 1985 NAME: Marc C. & Audrey H. Minnis REQUEST: Use by Special Review for a private airstrip LEGAL DESCRIPTION: Pt. Sk NE1 of Section 13, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 11/2 miles south of Dacono, west of Weld County Road 13 and north of Weld County Road 8. LAND USE: N Residence, dryland, 2 residences E Weld County Road 13, cropland S Residence W Dryland, well site ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Weld County Road 13, a dirt road. The subject site is dryland. There are 2 wells on the property as shown on the plat. The residence closest (north) to the proposed airstrip is owned by the applicants. 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'. ,t DEPARTMENT OF PLANNING SERVICES r ( PHONE(303)356-4000 EXT.4400 915 10th STREET riAr Yft 4,4 GREELEY,COLORADO 80631 • , it COLORADO NOTICE OF PUBLIC REARING The Weld County Planning Commission will conduct a public hearing on August 20, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for an airstrip from Marc C. & Audrey H. Minnis on a parcel of land described as Pt. Ski NE1 of Section 13, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 30 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 20, 1985. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published ore (1) time by July 25, 1985 Received by: Date: 7/r1 REFERRAL LIST APPLICANT: Marc C. & Audrey H. Minnis NUMBER: USR-694:85:38 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 9, 1985 NO SR NR NO SR NR County Attorney ,{ X Longmont Soil Conservation Service _ Weld County Health Dept. 9595 Nelson Road Box D X Engineering Department Longmont, CO 80501 _ County Extension Agent X. X Dacono Fire Protection Dist c/o Joe Fuss Office of Emergency Mngmt P.O. Box 40 Dacono, CO 80514 State Engineer Division of Water Resources /l X Federal Aviation Adm 1313 Sherman St. , Room 818 10455 E. 25th Avenue Denver, CO 80203 Aurora, CO 80010 State Highway Department 1420 2nd Street Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 X Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Bill McMurray Weld County Planning Commission P.O. Box 161 Brighton, CO 80601 NO=No Objection SR=Specific Recommendations NR=No Response C Denver Airports District Office US Department 10455 East 25th Avenue Suite 701 of Transportation A , Colorado B0010 Federal Aviation (303) 340-5531 Administration AUG 1 1985 Weld County Department of Planning Services Attn: Gloria V. Dunn, Current Planner 915 10th Street Greeley, Colorado 80631 Dear Ms. Dunn: In reference to the landing area proposal submitted by Marc Minnis to the Denver Airports District Office (Case #USR-694:85:38) ; an airspace analysis will be completed on this proposal in approximately 4-6 weeks. The results of that analysis will be sent to Marc Minnis and your office at that time. Sincerely, ,, �. Barbara Johnson Airport Planner Enclosure Weld Co. PlanmfQ inmmissim, APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: I (we), the undersigned, hereby request hearings before the Weld County Plan- ning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NEz Section 13 T1N, R68W Property Address (if available) : 3615 Weld County Rd. #13, Erie, CO 80516. PRESENT ZONE: Agricultural TOTAL ACREAGE: Approximately 30 PROPOSED LAND USE: Agricultural with Airplane take-off and landing strip. EXISTING LAND USE: Agricultural , dry land farming. SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Marc C. Minnis and Audrey H. Minnis Address : 3615 Weld County Rd. 13 City: Erie Zip: 80516 Home Telephone #833-4721 List the owner(s) an/or lessees of mineral rights on or under the subject properties of record. Name: Champlin Petroleum Co. Address: P. 0. Box 2500 City: Broomfield Zip: 80020 Name: Union Pacific Land Resources Corp. Address: P. 0. Box 2500 City: Broomfield Zip: 80020 I hereby depose and state under the penalties of perjury that all statements, 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) Si na ure: Owner o- Authorized Agent Subscribed and sworn to before me on the \6— day of " y , \ , 19C'5. 11.1' ;‘SEAL 0�� Act S\o„-\. My Commission Expires Feb. 13, 1989 Notar Public Mu rnmmiccinn pynirpc- Marc Minnis 3615 Weld County Rd. 13 Erie, CO 80516 July 15, 1985 Department of Planning Services 915 Tenth St. Greeley, CO 80631 Dear Sir or Madam: In application for use by special review, I would make a proposal to improve the property at 3615 Weld County Rd. 13 to accommodate a runway for a privately owned single engine aircraft. The development and improvement would not disturb the continued dry land agricultural use of the property. The improvements would include a proposed equipment storage and hangar building and a semi-improved dirt runway of approximately 2500' in length, running East-West to be used as weather permits. The site is outside the projected growth area of the tri-town area and Dacona as indicated on the projected land use map of Weld County. The power line obstruction on the East end of the runway has proven to be of little danger during the past three years of intermittent use of the runway by the applicant. Thank you for your consideration in this matter. Sincerely, Marc Minnis MM/js enclosure SUPPLEMENT TO APPLICATION FOR USE BY SPECIAL REVIEW 1. DETAILED DESCRIPTION OF PROPOSED OPERATION: A. It is proposed that the land at 3615 Weld County Rd 13, Erie, Colorado 80516 (part of the S 4 of the NE : of Section 13, township one North, Range 68 West) allow the location of a proposed equipment storage and hanger building, and the use of a take-off and landing strip for the private use of Marc Minnis using one small private single engine air- plane owned by Marc Minnis. The take-off and landing strip will run East-West direction on said lands corresponding with normal winds for safe operation. B. Said use and need for small private airstrip and airplane is for personal recreation and pleasure for the Minnis family. The equipment storage and hangar building will provide safe security for aircraft and equipment. C. All surrounding properties are used in dry-land and irrigated farming operations. 0. The nearest residential structures in each direction from said proposed Take-off and Landing Strip are as follows: 1. Residence of Richard Roos and Betty Roos is approximately 300 feet from the southeast border of said proposed Take-off and Landing Strip. 2. Residence of Marc Minnis and Audrey Minnis located approximately 200 feet from the northeast border of said proposed Take-off and Landing Strip. E. The maximum number of users is one person, namely: Marc Minnis, with operation of a small private plane piloted by said Marc Minnis. There will be no patrons, no members, and no buyers. F. There are no employees, no shifts, and no regular hours of operation. G. There is no water needed for said proposed use. H. The access routes for vehicular traffic to said proposed use site is Weld County Road No. 13 along the East boundary of property. I. The vehicular traffic to said proposed use site will be only by private automobile and by farm trucks. J. No sewage facilities will be involved. K. The fire protection measures associated with the proposed use will consist of fire extinguishers; the site of the proposed use is located in the Dacono Fire Protection District. L. There will be no animals on the proposed use site. M. There will be no waste, stockpile, or storage involved in the operation and use of said proposed use site. N. There will be no change in the land configuration, it is dry-land farming land, and no change in storm water runoff will occur. 0. There will not be any debris, junk or other wastes associated with the proposed use. P. There will be no proposed landscaping nor erosion control required; because no change in the land structure will occur. Q. No reclamation procedures will be required in the event of cessation of the proposed use. R. The proposed use does not require construction nor start-up time. The site is presently in condition for use when permission is granted by the Weld County authorities. The construction of the storage and hangar building will be sometime in the future. WRITTEN MATERIALS AND SUPPORTING DOCUMENTS FOR APPLICATION FOR USE BY SPECIAL REVIEW The proposal for private use by Marc Minnis for Take-off and Landing Strip for one small private plane owned by Marc Minnis is consistent with the Weld County Comprehensive Plan for the following reasons: 1. The proposed land site, and all land that could be affected, are agricultural lands, zoned agricultural, and are used in irrigated and dry land crop farming. 2. The purpose for use of the Take-off and Landing Strip is to be used for personal pleasure and recreation. 3. The proposed use will not be detrimental to productive agricultural land use and conserves the productive use of this agricultural land. 4. The area affected is sparely populated; the users are the primary persons directly affected; and, the users will not make any use that is harmful to the health, safety and welfare of the inhabitants of the neighborhood, which inhabitants are the users and their immediate families. 5. The proposed use is compatible with existing surrounding land uses for the reason that all existing surrounding land is used in farming. 6. The proposed use is compatible with future development of the surround- ing area for the reason that there is no foreseeable use of the surrounding area in any use except farming. 7. The users have lived in the proposed use location for more than 3.5 years; and the users are familiar with the land; and it is not in a flood plain, nor in a geologically hazardous area, nor within the Weld County Airport overlay district area. 8. No water supply is needed. 9. The ownership of the land is vested in Marc C. Minnis and Audrey H. Minnis as shown in the warranty deed dated May 1, 1985 recorded May 2, 1985 in Book 1067 as Reception No. 02008065 of Weld County Recorder's records (a photo- copy of said deed is attached.) 10. No noise report is attached; it was waved, however, the only parties who could be affected by noise are the applicants, and neighbors to the South and, none thereof make objection to the proposed use. 11. The records of the soil condition of the proposed use site is evidenced by the attached Soil Survey of the area prepared by the United States Department of Agriculture, Soil Conversation Service. The soil of the proposed use site is #83 Wiley-Colby with 3 to 5 percent slopes) . 12. A certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application is attached to this application. 13. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered is attached to this application. C NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Assessors I.D. No. Cosslett, Richard Etal 146713000009 C/O Longmont National Bank 5th & Coffman Longmont, CO 80501 Hall , Charla M. 146713000010 3400 E. Tennessee Denver, CO 80209 Roos, Richard James & Betty Lou 146713000011 3525 Weld County Rd. 13 Erie, CO 80516 Monts, Keith & Bernice J. 146713000013 7720 Julian Westminster, CO 80030 Emery, Truman D & Elaine M. 146713000014 C/0 Gates Credit Union P. 0. Box 5887 Denver, CO 80217 Minnis, Marc C. & Audrey H. 146713000015 3615 Weld County Rd., #13 Erie, CO 80516 Minnis, Marc C. & Audrey H. 146713000016 3615 Weld County Rd. , #13 Erie, CO 80516 Hingley, Alice M. , Estate 146918000005 Hingley Farms C/O Patricia L. Lindstrom 3881 S. Magnolia Way Denver, CO 80237 NAMES OF OWNERS OF MINERALS AND/OR SUBSURFACE Union Pacific land resources corporation, P. 0. Box 2500, Broomfield, CO 80020, holds title to all oil , coal and other minerals within or underlying said lands. Recorded April 14, 1971 in Book 644 under Reception No. 1565712, Weld County Records, Mineral Deed from Union Pacific land resources to Champlin Petroleum Company, Attn. General Hargett, P. O. Box 2500, Broomfield, CO 80020, dated March 4, 1974 and recorded March 29, 1974 in Book 711 under Reception No. 1633084, Weld County records conveying all of grantor's right, title, and interest in and to all of the gas, oil , and other minerals in and under, and that may be produced from said land. United States Soil 9595 Nelson Road, Box D 'l` ) Department of Conservation Longmont, CO 80501 Agriculture Service June 25, 1985 Mr. Marc Minnis 3615 Weld County Road 13 Erie, CO 80516 Dear Marc: The site of the proposed airplane runway is on Colby—Wiley soils. This silt loam soil is very deep and well drained. It has relatively slow permeability and a high available water holding capacity. There are some limitations to consider when designing the runway. This soil has low strength and a high shrink—swell potential. However, the design can be modified to compensate for the limited capacity of this soil to support a load. Enclosed are some copies of our soil survey that explains the particular soil series in greater detail. If we can be of any further assistance, please feel free to give us a call. Sincerely, i Mark Habiger Soil Conservationist Enclosure 4 :11,08065 - B 1067 REC 2008065 05/02/85 09: 58 $6. 00 1/002 9$ F 1583 MARX ANN FEUERSTEIN CLERK & RECL..&DER WELD CO, CO `Waffaxy)"Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individual(s),corporation(s),partnership(s),or otherentity(ies)named below as GRANTOR to the indiwdual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title!o the property, except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record (3) any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and (6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence:if the spouse of the owner-grantor is joining in this Deed to release homestead rights.identify grantors as husband and wife.) MELVIN D. SCHWAB and CAROLYN SCHWAB Brush, Colorado Grantee: (Give name(s) and address(es):statement of address, including available road or street number, is required.) MARC C. MINNIS and AUDREY H. MINNIS 3615 WCR 13, Erie, Colorado 80516 Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) Joint Tenancy Property Description: (Include county and state.) SEE ATTACHED LEGAL DESCRIPTION State Documentary Fee Date ...MAY ..2i-.1985-.. Property Address: Consideration: (The statement of a dollar amount is optional.adequate consideration for this deed will he presumed unless this conveyance is identified as a gift, in any case this conveyance is absolute, final and unconditional.) Forty- thousand and no/100 Dollars ($40,000.00) Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the properly o r to convey less than he owns of it l tie GRANTOR A - is restricting the GRAN it E'S right in the property. make appropriate indication ) m O O d Additional Warranty Exceptions: (Include deeds of trust being assumed and other maaers not covered above I 5 t0 • C 3 O Executed by the Grantor on _ May 1 19 85 Signature.Clause for Corporation,Partnership or Association:.. Signature Clause for individual(s): Name of Grantor: Corporation. Partnership m Association LVI N D. SCHWABB Granlo. • ky By CAROL N SCHWAB Grantor By Grantor Attest STATE OF COLORADO d ) ss. COON ry OF The foregoing instrument was acknowledged before me this 1st day of May 19 85 By - Melvin D. Schwab and Carol n Schwab., / WITNESS my hand and official seal My commission expires: 9-18-86 •; � �• P,//8 ‘l \( h ep/ Q�f_4_IL.Cc.c ,Ct v� yy f• .. ..ff /I Notary Public STATE OF `l•- ) ss f& 1/ COUNTY OF / to ATM":� •t / The foregoing instrument was acknowledy.Rbelcte�xn�e.[t �a�s a day of , 19 By • / tpl. !�, r (•name individual Grantor(s)or if Grantor is C.4.ti4°atibq,Partnershipdk*:Cation.then identify signers as president or vice presider, and secretary or assistant secretary of corporation,or as partne .4,9roeelllmeM,E1' cbcel. orized members)of association.) 1/4 C(.1 t".. WITNESS my hand and official seal. My commission expires: Notary Public e 1981 UPDATE LEGAL FORMS NO.201 P.O. Box 1815-Greeley,Colorado 80632 (303)356-6380 _ +, B 1067 REC 02008 5 05/02/85 09: 58 $6. J 2/002 . F 1584 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 36234 The South Eight Hundred Twenty-five feet (5825' ) of the South Half of the Northeast Quarter (S1 /2 NE1/4 ) of Section Thirteen ( 13 ) , Township One (1 ) North , Range Sixty-eight (68 ) West of the 6th P . M. , County of Weld , State of Colorado , lying East of the Union Pacific Railroad Right-of-Way , EXCEPT the South 330 feet thereof , AND ALSO EXCEPTING therefrom a parcel of land in the Northeast Quarter (NE1 /4 ) of Section 13 , Township 1 North , Range 68 West of the 6th P.M. , County of Weld , State of Colorado , described as : Beginning at the Southeast Corner (SE Cor ) of the Northeast Quarter (NE1/4 ) of said Section 13 ; thence North 00 Degrees 00' 00" East on an assumed bearing along the East Line of the Northeast Quarter (NE1/4 ) of said Section 13 , a distance of 645 feet to the True Point of Beginning ; thence continuing North 00 Degrees 00' 00" East along said East Line , a distance of 180 .00 feet ; thence North 89 Degrees 49' 55" West and parallel to the South Line of said Northeast Quarter (NE1/4 ) , a distance of 280 .00 feet ; thence South 00 Degrees 00' 00" West and parallel to the East Line of the Northeast Quarter (NE1 /4 ) of said Section 13 , a distance of 180 feet; thence South 89 Degrees 49' 55" East , a distance of 280 .00 feet to the True Point of Beginning . ST 14.WA R'1"1' LE (ill AIIANTY COMPANY _ ..—_ r--v.— —.--' • T ' y+^v ,,.I ♦ �� 1, kr •^ lyy,( ,in s rj• . 1. • •(:• T,.,I,. ` F4� � :� lw .:\�A .'F✓,By �,//��yy__�,� A k?- �� . TRI-AREA PLANNING COMMISSION_ P.O. BOX 303 FREDERICK, COLORADO 80530 August 12 , 1985 Ms . Gloria V. Dunn Current Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms . Dunn : Per my telephone conversation with you on Wednesday , August 7 . Application from Marc C . and Audrey H. Minnis for a Use by Special Review Permit for an Airstrip on the parcel of land described as approximately 1 1 /2 miles south of Dacono , west of Weld County Road 13 and north of Weld County Road 8 was on the agenda at our regular meeting held on August 6 . Due to lack of a quorum official voting could not take place , but the application was discussed and following is our unofficial recommendation . Commission members present denied application for the following reasons: 1 . Mr. Minnis was not present to answer questions . Anyone presenting an application before this Commission should be present for questions in order to give the applicant the opportunity to answer questions for a fair and valid recommendation . 2 . Commission members are concerned with others having 2 ± acres requesting an airstrip and felt this could get out of hand and become unsafe to the surrounding area . 3 . And , due to proposed future development in this area could cause some very serious problems . As I mentioned to you this issue will be discussed and officially voted upon at our next meeting on September 3 . Should you have any further questions , please do not hesitate to call Iva Renner at 1 -833-3835 . Sincerely , qal,te„..._ 7. kemivt___ � f,JG151985 Rebecca E. Marker Secretary Li _.. Tri-Area Planning Commission Weld CO. PlOmmmg Cammissi0o rm City of Dacono, Colorado *Ed '' August 15, 1985 Ms . Gloria V. Dunn CASE NUMBER USR-694* 85* 39 Current Planner Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Ms . Dunn; On August 13, 1985 Mrs. Marc Minnis appeared before the Dacono Planning Commission at their regular meeting. This was in reference to the application for a Use by Special Review Permit for an airstrip on the parcel of land described as approximately 1 1/2 miles south of Dacono, west of WCR 13, and north of WCR 8. After considerable discussion, a vote was taken on this issue. The results were* 3 in favor of Mr. Minnis ' request, and 1 in opposition. The dissenting vote was cast by the Chairman. By virtue of the above vote a recommendation for approval of Case Number USR-694* 85* 39 is in order. Thank you, Respectfully, /Q-Atitu4sec..) Iva J. Renner, Chairman Dacono Planning Commission o Z@AM II,`J G 18 1985 Weld Co. Planning Commission 512 Cherry Street • P.O.Box 186 • Dacono, Colorado 80514 • Metro - 825-1256 • Local - 833-2317 c chcmpin # ' S August 16, 1985 M Illy .aln'nc l Id I, hJG Iiig S'. i"AP.rrnt-y �-- Weld County Planning Commission Weld Co. Plain mit i:nminissim, 915 - 10th Street Greeley, Colorado 80631 RE: Application for Use by Special Review Permit for an Airstrip Public Hearing before Weld County Planning Commission August 20 , 1985 Marc C. and Audrey H. Minnis : Applicants Case Number: USR-694 : 85 : 38 Ladies and Gentlemen: Champlin Petroleum Company owns the oil and gas which under- lies the thirty acres which are the subject of the above- referenced request for a Special Review Permit. I have talked with Mrs. Minnis, one of the applicants, in a tele- phone conversation on August 16, and I understand from her that the use of the property as an airstrip will not inter- fere with oil and gas production or operations which are located on or near the property and that it will not inter- fere with Champlin ' s ability to get access to any of its facilities or wells . Provided that Champlin ' s oil and gas operations are not in any way effected and provided that Champlin continues to have access to its wells and facili- ties, Champlin does not at this time object to the request for the Special Review Permit application; however, Champlin wishes to assert its position that the mineral estate is the dominant estate and to preserve all of its oil and gas rights and its rights to explore for and produce oil and gas on the property which is the subject of the application. Very trulyyours, 40711,40.01,4— Molly Sommerville MS/jmd cc: Neal Peters Barb Westerdale Ken Jones Joe Henry rp En: Tri-Area Planning Commission P . 0. Box 363 Frederick, CO 80530 September 6 , 1985 Ms . Gloria V. Dunn Current Planner Department of Planning Services 915 10th Street Greeley , CO 80631 Dear Ms . Dunn: As stated in my previous letter to you in August official voting would take place regarding the application from Marc and Audrey Minnis for a Use by Special Review Permit for an airstrip at the regular meeting of the Tri-Area Planning Commission held on September 3 , 1985 . For the record , the Commission voted to deny application. Should you have any questions , please don ' t hesitate to call . Sincerely ,g4 �/J Re ecca E. Marker Secretary Tri—Area Planning Commission rm D E ' 5115-1O7E t_(' 091985 J Weld Co. Planning Commission VIRGIL H. HOLTGREWE HOLTGREWE September 14, 1985 AG-SERVICES, INC. Ms. Gloria Dunn Department of Planning Services 915 10th Street Greeley, CO 80631 Re: USR 694:85:38 Dear Ms. Dunn: Reference is made to the above case number where Marc and Audry Minnis are asking for approval to construct a private airstrip on part of the SANE` of Section 13, Township 1 North, Range 68 West of the 6th P.M. in Weld County, Colorado. The Hingley Estate owns land immediately east of the proposed airstrip and we have a concern for the type of liability insurance the Minnis have to cover any possible accidents which may occur on the Hingley Estate land and any other land in the area as a result of having this private airstrip. In checking the case study records, this question has not been addressed. An objection to the private airstrip is made on behalf of the Hingley Estate unless it is stipulated a minimum of $500,000 liability insurance be in force at all times to cover any damages which may occur in connection with the operation of the airstrip. Respectfully submitted, Virgil H. Holtgrewe / Farm Manager Hingley Estate I cal CEP 1C 1935 C- .a, Weld Co. Planning Commission 6 SKYLINE DRIVE, • LAKEWOOD, COLORADO 80215 • I (3)3) 233-2968 SEP " 1385 (303) 340-5538 )."r. Marc Minnis 3515 Weld County Rd #13 Erie, Colorado 80515 )ear Mr. Minnis: An airspace analysis of the proposed Hayfield International personal use landing strip near Dacona, Colorado has been completed. Based on this study, the Federal Aviation Administration (FAA) has no objection to the proposal if the following conditions are met: The Airport is to remain personal use only, operations will be suspended when a train is in the area, and adequate caution is exercised around the powerlines and the road off the end of the runway. Due to the obstructions, it may be suggested that you consider a displaced threshold. Based on FAA design criteria, a displaced threshold of approximately 600' would be needed to clear the powerlines at the east end of the runway and a displaced threshold of approximately 500' would be needed to clear the railroad tracks on the west side. Enclosed for your information are some pages on threshold displacement from the utility airport design standards that the FAA uses as a guideline. This determination does not mean FAA approval or disapproval of the physical development involved in the proposal . It is a determination with respect to the safe and efficient use of airspace by aircraft and with respect to the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the effect the proposal would have on the existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have an the safety of persons and property on the ground, and the effects that existing or proposed man-made objects (on file with the FAA) and known natural objects within the affected area would have on the proposal . The FAA cannot prevent the construction of structures near an airport. The airport environs can only he protected through such means as local zoning ordinances or acquisition of property rights. No evaluation of the environmental aspects of the proposal was made in reaching this determination. Therefore, this determination is not to he construed as approval of the proposal from an enviromental standpoint under Public Law 91-190 (National Environmental Policy Act of 1969). 2 When the airport becomes operational , please complete and return the enclosed FAA Form 5010-5, Airport Master Record. If the airport does not become operational by September 30, 1986, this airspace determination will expire unless your request a time extension. If in the future you wish to open the airport to public use, a new airspace determination will be required. Thank you for your cooperation in this natter. If you have any questions, please contact me at the above number. Sincerely, Barbara Johnson Airport Planner Enclosure Weld County Department of Planning Services Attn: Gloria V. Dunn 915 10th St. Greeley, CO 80631 f., 2-7 1s85 Weld Co.4lanniug tutiss`orr 4- Ill _5 co . Lg_,4C cc_ E'41t-LLE-L, cc: . go Pry r " C(� > . 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