HomeMy WebLinkAbout990528.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1212 FOR A PRIVATE AIRSTRIP IN THE A (AGRICULTURAL) ZONE DISTRICT -
WILLIAM WILLCUTTS
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 24th day
of March, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of William Willcutts, 32500 Weld County Road 27, Greeley, Colorado
80634, for a Site Specific Development Plan and Special Review Permit #1212 for a Private
Airstrip in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the E 1/2 E 1/2 of Section 19, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Bill Condon at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 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. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. The subject property is considered prime farm
ground by the USDA; however, the proposed airstrip will not interfere with
surrounding agricultural practices. Should the airstrip be abandoned in
the future, the site could easily be incorporated back into agricultural
production as the application proposes a grass airstrip.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.6 of the Weld County Zoning
Ordinance provides for airports and airstrips as a Use by Special Review
in the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1212 - WILLIAM WILLCUTTS
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c. Section 24.4.2.3 -- The proposal is consistent with the Weld County
Zoning Ordinance and will be compatible with future development of the
surrounding area. Surrounding land uses include Use by Special Review
Permit #1144, approved by the Board of County Commissioners on
May 14, 1997, for a 2,000 head dairy operation adjacent to the west, the
Greeley #2 Ditch and two residences on agricultural land to the north,
agriculture and one residence to the south and agriculture to the east.
Included in the exhibits is a letter from Grant Morris, one of the property
owners to the north, in favor of the application.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The
Towns of Windsor and Severance both reviewed the proposal and
indicated that they have no conflicts. The City of Greeley's Planning
Commission unanimously recommended approval of the application;
however, they also request that the applicant be limited to four trips per
month. The applicant subsequently contacted the Department of
Planning Services and indicated that this limit would render this
application infeasible. Development Standard #11 restricts the use of the
airstrip to private use only. Past Use by Special Review permits for
airstrips have not limited the number of landings and take-offs and the
Department of Planning Services recommends that this application be
treated consistently. There are no apparent reasons for such a limit at
this location. Additionally, Development Standard #11 ensures that the
airstrip is limited to private use only as was requested by the City of
Greeley.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. A minimal amount of farm ground
will be removed from production as a result of this application. Should
the airstrip be abandoned in the future, the site could easily be
incorporated back into agricultural production as the application proposes
a grass airstrip.
g. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and county.
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SPECIAL REVIEW PERMIT#1212 - WILLIAM WILLCUTTS
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of William Willcutts for a Site Specific Development
Plan and Special Review Permit #1212 for a Private Airstrip in the A (Agricultural) Zone District
on the hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
completed plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 15
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to delineate a 50-foot right-of-way reservation
from the centerline of Weld County Road 27 for future expansion.
B. The plat shall adhere to the Special Review Permit Plan Map
requirements stated in Section 24.7.4 of the Weld County Zoning
Ordinance.
C. The plat shall delineate "obstructions" and "other considerations" as
required in the FAA referral received December 23, 1998, as well as any
other pertinent information.
D. The applicant shall attempt to address the requirements of the Windsor-
Severance Fire Protection District as stated in a referral response
received January 12, 1999. Evidence of such attempt shall be submitted
to the Department of Planning Services.
E. The applicant shall contact the Army Corps of Engineers regarding the
disturbance of wetlands and shall obtain all appropriate permits pursuant
to Section 404 of the Clean Water Act. Evidence of approval from the
Army Corps of Engineers shall be submitted to the Department of
Planning Services.
F. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the Special Review plat
is ready to be recorded in the office of the Weld County Clerk and
Recorder.
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SPECIAL REVIEW PERMIT#1212 - WILLIAM WILLCUTTS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLO AD
ATTEST: Ad)
a e . Hall, Chair
Weld County Clerk to th :o- q
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BY:
-F Barbar J. Kirkme er, P o-Tem
Deputy Clerk to the //. ‘.
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George/axter
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990528
PL1295
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM WILLCUTTS
USR #1212
1. The Site Specific Development Plan and Special Use Permit#1212 is for a Private Airstrip
in the A (Agricultural) Zone District, as indicated in the application materials on file in the
Department of Planning Services and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as
measured according to Section 25-12-102, C.R.S.
8. The site shall maintain compliance with all requirements of the Federal Aviation
Administration.
9. Pursuant to the definition of setback in the Weld County Zoning Ordinance, the required
setback is measured from the future right-of-way line.
10. Pursuant to Ordinance #169-A, if noxious weeds exist on the property or become
established as a result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds.
11. This airstrip is limited to private use only as indicated in the application materials.
12. The application materials delineate a "possible future building site" in the southwest corner
of the subject parcel. The Department of Planning Services will require details pertaining
to future uses and ownership of the "possible future building site" at such time that the
applicant desires to proceed with this site. The Department of Planning Services reserves
the right to review such details to determine compatibility with the Conditions of Approval
and Development Standards. If staff determines that the "possible future building site"
constitutes a substantial change, amendment to this Use by Special Review permit will be
required.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - WILLIAM WILLCUTTS (USR #1212)
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14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
15. Personnel from the Departments of Health and Planning Services shall be granted access
onto the property at any reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated hereon and all applicable Weld
County regulations.
16. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
17. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
990528
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