HomeMy WebLinkAbout971262.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1145
APPLICANT: Russ and Bonnie Heppner
ADDRESS: 37808 Weld County Road 53
Eaton, Colorado 80631
PLANNER: Kerri Keithley
3
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Private Airstrip in the
A(Agricultural) Zone District
LEGAL DESCRIPTION: Lot B of RE -1466, located in part of W2 NW4 of Section 28, T7N, R64W of the 6th
P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 53; approximately 1 mile north of Weld County
Road 76.
SIZE OF PARCEL: 37.72 acres
PARCEL NUMBER: 0711 28 000032
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, as amended.
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 amended, as follows:
A. Section 24.3.1.1 —This proposal is consistent with the Weld County Comprehensive Plan, as
amended. The site is irrigated farmland, however the soils on the site are considered to be
non -prime soils by the USDA -Soil Conservation Service map. The site does have
topographical limitations with a steep slope on the north side of the property. The proposed
runway will be grass and the remainder of the site will continue to be in agricultural production
(alfalfa). The proposal will not remove prime farmground from production, and thus is
consistent with the Weld County Comprehensive Plan.
B. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone
District. The Agricultural Zone District is established to maintain and promote agricultural as
an essential feature of Weld County. This proposal does not remove prime farmground from
production. The site will continue to be in alfalfa production. The proposed grass airstrip
could be reverted back into alfalfa, in the event the use of an airstrip ceases. The proposed
use is provided for as a Use by Special Review.
971262
RESOLUTION, USR-1145
Russ and Bonnie Heppner
Page 2
C. Section 24.3.1.3 — The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning
Ordinance, as amended and will be compatible with the existing surrounding land uses.
There are approximately 6 houses within proximity of the proposed airstrip. The Department
of Planning Services has not, to date, received any letters or phone calls from surrounding
property owners in objection to this proposed use.
D. Section 243.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The proposal is not located within any town's Urban Growth Boundary Area
or 3 mile referral area. The proposed private airport will be required to maintain compliance
with the Federal Aviation Administration's (FAA) regulations and safety zones.
E. Section 24.11.5 -- The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
F. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The airstrip is proposed to be located adjacent to Weld County Road 53,
running north to south on the property. The airstrip will be located approximately 20 feet from
Weld County Road 53. The dimensions of the airstrip are 50 feet in width by 1500 feet in
length.
G. Section 24.3.1.7 —The Design Standards (Section 24.5 of the Weld County Zoning Ordinance,
as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as
amended), Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and county. The applicant will be required to 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 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 Special Review plat shall be amended to show the dimensions and location of
the runway, along with the setback of the runway from Weld County Road 53. The
map shall also include the dimensions of the hangar.
B. The Special Review plat shall be amended to show the directional flow of runoff from
the property including the airstrip section and any taxi ways or newly created ditch
sections to separate the runway from the farming operation, as indicated in a referral
from Public Works dated March 25, 1997.
971262
RESOLUTION, USR-1145
Russ and Bonnie Heppner
Page 3
C. The applicant shall complete, submit, and have approved the FAA Form 7480-1,
Notice of Landing Area Proposals to the Federal Aviation Administration. An
approved copy of this form shall be submitted to the Department of Planning
Services.
D. The applicant shall delineate appropriate safety zones on the plat map in accordance
with FAA requirements.
E. 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.
Motion Seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Marie Koolstra
Jack Epple
Shierlye Camenisch
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, Tammie Pope, 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 May 6, 1997.
Dated the 6th of May, 1997.
Y1jfU D
Tammie Pope
Secretary
971262
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Russ and Bonnie Heppner, USR-1145
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. 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.
4. The site shall maintain 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 permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as measured
according to 25-12-102, Colorado Revised Statutes.
10. In accordance with the Weld County Individual Sewage Disposal System Regulations, in the event that
any structure is built more than 200 feet from the existing home where people will work or congregate,
a restroom facility shall be required to serve the structure. The structure shall be served by an
approved septic system.
11. 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.
12. 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.
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 Planning Commission 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.
971262
DEVELOPMENT STANDARDS,USR-1145
Russ and Bonnie Heppner
Page 2
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.
971262.
Hello