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HomeMy WebLinkAbout970191.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Epple that the following resolution with additions to Conditions of Approval #a -+d #3, and Development Standard #3, be introduced for passage by the Weld County Planning Clannnssion. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1137 PLANNER: Chris Goranson NAME: Pierre Beaugh ADDRESS: 25376 Weld County Road 48, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and Special Use Permit for a private airstrip in the A (Agricultural) District. LEGAL DESCRIPTION: Lot B of RE -1820, being part of the E2 of the NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 48; approximately 1/2 mile west of Weld County Road 53. be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan and is provided for as a Use by Special Review. b. The proposal is consistent with the intent of the district in which the use is located. c. The use will be compatible with future development of the surrounding area and with future development as projected by the Weld County Comprehensive Plan. The surrounding land uses are predominantly agricultural in nature. d. The site does not lie within any of the Overlay Districts in Sections 50 through 54 of the Weld County Zoning Ordinance, as amended. e. The applicant has demonstrated that a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use, and is intending to continue agricultural production on the site. The land is listed as irrigated, but not prime farmground according to the USDA - Soil Conservation Service Map. 970191 Ekhklit RESOLUTION, USR-1137 Pierre Beaugh Page 2 f. The conditions of approval and development standards will ensure adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. Concerns were brought up by the Platte Valley Fire Protection District regarding the location of the airstrip in relation to the surrounding residences and existing air traffic in the area. However, the applicant must submit a FAA Form 7480-1, Notice of Landing Area Proposal, which will determine the effect the proposed landing area will have on the safe and efficient use of airspace by aircraft, and the safety of persons and property on the ground. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The applicant shall submit a signed agreement between the applicant and Prima and Patina Oil & Gas Companies addressing the concerns in a letter dated November 15, 1996, anbd offered during public testimony on December 3, 1996. 2. Any existing septic systems that are not currently permitted through the Weld County Health Department will require an I.S.D.S Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 3. The applicant shall attempt to comply with any and all requirements of the Platte Valley Fire Protection District. 4. The applicant shall complete, submit, and have approved the FAA Form 7480-1, Notice of Landing Area Proposal to the Federal Aviation Administration. An approved copy of this form shall be submitted to the Department of Planning Services. 5. The applicant shall delineate appropriate safety zones on the plat map in accordance with FAA requirements. 6. 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 plat shall be delivered to the Department of Planning Services and ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 7. 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. 970191 RESOLUTION, USR-1137 Pierre Beaugh Page 3 Motion seconded by Rusty Tucker. VOTE: For Passage Cristie Nicklas Jack Epple Rusty Tucker Shirley Camenisch Against Passage Marie Koolstra Ann Garrison Arlan Marrs 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, Sharyn Frazer, Recording Secretary for 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 December 3, 1996. ated the 3rd of December, 1996. Sharyn Fr- er Secretary 633-1( 970191 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Pierre Beaugh USR-1137 1. The Site Specific Development Plan and Special Use Permit is for a private airstrip in the A (Agricultural) District, as indicated in the application materials. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The applicant shall maintain compliance with the signed agreements between the applicant and Prima and Patina Oil & Gas Companies at all times. 4. The site shall be maintained in compliance with the Federal Aviation Administration regulations at all times. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No commercial use shall be associated with this site without proper permits 7. No permanent disposal of wastes shall be permitted at this site. 8. Fugitive dust shall be controlled on this site. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The airstrip may only be used for private aircraft owned or leased by the operator of the airstrip. The airstrip shall be limited in use to the operator of the airstrip. 11. 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. 12. 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. 13. 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. 14. 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 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. 15. 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. 970191 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMfSSIONERS i /': 37 Moved by Jack Epple that the following resolution with additions to Conditions of Approv I, 1'#3, and Development Standard #3, be introduced for passage by the Weld County Planning CthMniigsion. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1137 PLANNER: Chris Goranson NAME: Pierre Beaugh ADDRESS: 25376 Weld County Road 48, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and Special Use Permit for a private airstrip in the A (Agricultural) District. LEGAL DESCRIPTION: Lot B of RE -1820, being part of the E2 of the NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 48; approximately 1/2 mile west of Weld County Road 53. be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan and is provided for as a Use by Special Review. b. The proposal is consistent with the intent of the district in which the use is located. c. The use will be compatible with future development of the surrounding area and with future development as projected by the Weld County Comprehensive Plan. The surrounding land uses are predominantly agricultural in nature. d. The site does not lie within any of the Overlay Districts in Sections 50 through 54 of the Weld County Zoning Ordinance, as amended. e. The applicant has demonstrated that a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use, and is intending to continue agricultural production on the site. The land is listed as irrigated, but not prime farmground according to the USDA - Soil Conservation Service Map. 970191 RESOLUTION, USR-1137 Pierre Beaugh Page 2 f. The conditions of approval and development standards will ensure adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. Concerns were brought up by the Platte Valley Fire Protection District regarding the location of the airstrip in relation to the surrounding residences and existing air traffic in the area. However, the applicant must submit a FM Form 7480-1, Notice of Landing Area Proposal, which will determine the effect the proposed landing area will have on the safe and efficient use of airspace by aircraft, and the safety of persons and property on the ground. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The applicant shall submit a signed agreement between the applicant and Prima and Patina Oil & Gas Companies addressing the concerns in a letter dated November 15, 1996, anbd offered during public testimony on December 3, 1996. 2. Any existing septic systems that are not currently permitted through the Weld County Health Department will require an I.S.D.S Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 3. The applicant shall attempt to comply with any and all requirements of the Platte Valley Fire Protection District. 4. The applicant shall complete, submit, and have approved the FAA Form 7480-1, Notice of Landing Area Proposal to the Federal Aviation Administration. An approved copy of this form shall be submitted to the Department of Planning Services. 5. The applicant shall delineate appropriate safety zones on the plat map in accordance with FAA requirements. 6. 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 plat shall be delivered to the Department of Planning Services and ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 7. 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. 970191 RESOLUTION, USR-1137 Pierre Beaugh Page 3 Motion seconded by Rusty Tucker. VOTE: For Passage Cristie Nicklas Marie Koolstra Jack Epple Rusty Tucker Ann Garrison Shirley Camenisch Arlan Marrs Against Passage 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, Sharyn Frazer, Recording Secretary for 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 December 3, 1996. ated the 3rd of December, 1996. Sharyn Fra: -r Secretary 970191 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Pierre Beaugh USR-1137 1. The Site Specific Development Plan and Special Use Permit is for a private airstrip in the A (Agricultural) District, as indicated in the application materials. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The applicant shall maintain compliance with the signed agreements between the applicant and Prima and Patina Oil & Gas Companies at all times. 4. The site shall be maintained in compliance with the Federal Aviation Administration regulations at all times. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No commercial use shall be associated with this site without proper permits 7. No permanent disposal of wastes shall be permitted at this site. 8. Fugitive dust shall be controlled on this site. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The airstrip may only be used for private aircraft owned or leased by the operator of the airstrip. The airstrip shall be limited in use to the operator of the airstrip. 11. 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. 12. 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. 13. 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. 14. 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 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. 15. 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. 970191 Hello