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HomeMy WebLinkAbout971988.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1159 FOR A PRIVATE AIRSTRIP IN THE A (AGRICULTURAL) ZONE DISTRICT - VANDENBOS 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 10th day of September, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Leslie Vandenbos, 2304 Ponderosa Court, Fort Collins, Colorado 80521, for a Site Specific Development Plan and Special Review Permit #1159 for a private airstrip in the A (Agricultural) Zone District on the following described real estate, to -wit: NE'/ of Section 28, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present 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, as amended. A. Goal 1 encourages the preservation of prime farmland for agricultural purposes. Soils on the site are considered high potential dry cropland by the USDA Soil Conservation Service map. The availability of a consistent supply of water must exist in order for soils to be classified prime. Land use on the site is principally nonirrigated crop production with improvements located in the southwest corner of the property. The proposed airstrip will be dirt and the remainder of the site will continue its present use. CC : fL5 fit; Pal, Vandenbos 971988 PL1226 SPECIAL REVIEW PERMIT #1159 - VANDENBOS PAGE 2 Section 24.4.2.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone District. The property owner intends to continue the existing agricultural uses on the site. Section 31.4.6 of the Weld County Zoning Ordinance, as amended, allows for the proposed use with the approval of a Special Review permit. C. Section 24.4.2.3 -- The uses which would be permitted will be compatible with the existing surrounding land uses. Five residences are located in the immediate area; four are east of the site, more than' 'A mile from the proposed airstrip. Only one residence is located within fairly close proximity of the airstrip, to the south. Staff has received no objections to the request from surrounding property owners. D. Section 24.4.Z4 -- 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 Town of Nunn, located 1/2 mile south of the site, has indicated no conflict with the proposal. The airstrip will be required to maintain compliance with the Federal Aviation Administration's rules and regulations. 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. Land proposed for the airstrip is located such that the greatest area of cropland on the site is not affected, while also ensuring that the airstrip is situated a safe distance from the property owner's residence. The airstrip will be in a north -south orientation on the property with dimensions of 50 feet by approximately 2,655 feet (total square footage of 132,750). Section 24.4.2.7 --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 the health, safety, and welfare of the inhabitants of the neighborhood and county. In addition, review of FAA Form 7480-1, Notice of Landing Area Proposal, by the Federal Aviation Administration will be required prior to recording the plat. 971988 PL1226 SPECIAL REVIEW PERMIT #1159 - VANDENBOS PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Leslie Vandenbos for a Site Specific Development Plan and Special Review Permit #1159 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: The applicant shall complete, submit, and have approved Federal Aviation Administration Form 7480-1, Notice of Landing Area Proposal. A response indicating approval of the form from the Federal Aviation Administration shall be submitted to the Department of Planning Services. B. In accordance with a memorandum from the Public Works Department dated June 27, 1997, and a letter from the applicant dated July 14, 1997, the plat shall be amended to show the following: 1. A safety area of 240 feet located at each end of the runway. 2. A safety area of 60 feet located on either side of the runway centerline. 3. An object -free area of 125 feet located on either side of the runway centerline. 4. North boundary of the runway not extending into the Weld County Road 102 right-of-way. C. The plat shall be amended to delineate boundaries of the parachute landing area. 971988 PL1226 SPECIAL REVIEW PERMIT #1159 - VANDENBOS PAGE 4 4. Prior to commencement of the Special Review activity on the site, the airstrip shall be graded and drained to provide an all-weather access. 5. The Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system located at 49568 Weld County Road 29.5. Any existing septic system(s) which is not currently permitted through the Weld County Health Department must be permitted. Each unpermitted septic system will require an I.S.D.S. Evaluation prior to the issuance of the required septic system(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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD ('pCUNTY, COLORADO ATTEST: Weld County Clerk BY. Deputy Clerk to APPRI re AS TO F County Att F George . Baxter, Chair Dale K. Hall EXCUSED Barbara J. Kirkmeyer 971988 PL1226 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS VANDENBOS USR #1159 1. The Site Specific Development Plan and Special Use Permit #1159 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. 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, Colorado Revised Statutes. 8. 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. 9. The site shall comply with all requirements of the Federal Aviation Administration. 10. In accordance with the Weld County Individual Sewage Disposal System Regulations, in the event 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. 971988 PL1226 DEVELOPMENT STANDARDS - VANDENBOS (USR #1159) PAGE 2 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. 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. 971988 PL1226 Hello