HomeMy WebLinkAbout980073.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1173 FOR A PRIVATE AIRSTRIP IN THE A (AGRICULTURAL) ZONE DISTRICT -
EPPELSHEIMER
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 14th day
of January, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Wood and Barbara Eppelsheimer, 33500 Weld County Road 16,
Keenesburg, Colorado 80643, for a Site Specific Development Plan and Special Review Permit
#1173 for a Private Airstrip in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot B of Recorded Exemption #2021, located in the
E%, NW' of Section 34, Township 2 North, Range
63 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 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 which allows for the construction of a private airstrip
in the A (Agricultural) Zone District. The subject property is considered
prime farm ground by the USDA - Soils Map. The proposed airstrip,
while taking a small portion of prime farm ground out of production, will
not interfere with the remainder of the agricultural ground. If the airstrip is
abandoned in the future the site could be easily incorporated back into
agricultural production on the site since the runway of the airstrip is grass.
The subject property is served by a domestic well and by an existing
septic system for sewage disposal.
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SPECIAL REVIEW PERMIT#1173 - EPPELSHEIMER
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A
(Agricultural) Zone District in that the airstrip is a Use Allowed by Special
Review.
c. Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses which are residential, private airstrip and
agricultural production to the north, residential and agricultural production
to the east, and agricultural production to the south and west.
d. Section 24.4.2.4 -- The proposed use 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.
e. Section 24.4.2.5 -- The proposal is not located within the Flood Hazard
Overlay District Area identified by FEMA.
f. Section 24.4.2.6 -- The subject property is prime farm ground. The
proposed airstrip will not impact the agricultural uses presently on the
property.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Wood and Barbara Eppelsheimer for a Site
Specific Development Plan and Special Review Permit#1173 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. 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.
3. Prior to recording the plat:
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SPECIAL REVIEW PERMIT#1173 - EPPELSHEIMER
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a. The plat shall be amended to show the following:
1. The north boundary of the runway shall not extend into Weld
County Road 16.
2. A safety area of a minimum of 240 feet shall be shown at the
north and south ends of the runway.
3 A safety area of a minimum of 60 feet east and west of the
runway center line shall be shown on the plat.
4. An object-free area of a minimum of 60 feet east and west of the
runway center line shall be shown on the plat.
b. The applicant shall submit to the Federal Aviation Administration for
review and approval one of the following items that satisfactorily
addresses the close proximity of the proposed airstrip and an existing
airstrip approximately 1/4 mile to the northwest (USR #686). A copy of the
FAA review shall be submitted to the Department of Planning Services.
1. Proprietors of the Farm (Wood Eppelsheimer) and Horseshoe
(Steve Benson) Airports develop a mutually satisfactory operating
agreement.
2. Traffic patterns shall be established to the east for the Farm
Airstrip and to the west for the Horseshoe Airstrip.
3. Traffic pattern operations shall be conducted at 800 feet for one
airport and 1,000 feet for the other airport. Each airstrip shall
delineate the traffic pattern operation feet.
4. Pilots shall announce on a common radio frequency, or call on the
telephone, stating intended action at one or the other airport.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of January, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: g, Imo!1 � L
r�•��r , Constance L. Harbe , Chair
Weld CountA `e t = a
ref W H. ebster, Pr -Tem
BY:
Deputy Clerk o T- : "! rr. it
. Baxter
APP A RM:
Dale K. Ha l
unty Attor ey EXCUSED
Barbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WOOD AND BARBARA EPPELSHEIMER
USR#1173
1. The Site Specific Development Plan and Special Use Permit 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, as amended.
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 of 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, Colorado Revised Statutes.
8. The site shall comply with all requirements of the Federal Aviation Administration.
9. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
10. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
11. Personnel from the Weld County Health Department and Weld County Department of
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.
12. The Special Review area shall be limited to the plans shown hereon and governed by
the foregoing standards and all applicable Weld County regulations. Major 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.
13. 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.
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