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Home My WebLink About990658.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant William Willcutts/William Condon Case Number USR-1212 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (6 pages) X 3 Staff field check form X 4 Letter to Applicant X 5 Legal Notifications (2 pages) X 6 Application (12 pages) X 7 Referral list and referral sheet(2 pages) X 8 Weld Co. Code Enforcement referral received 1/4/99 X 9 Town of Severance referral received 1/20/99 X 10 Weld County Public Works referral received 1/26/99 (2 pages) X 11 Weld County Health Dept. referral received 1/7/99 X 12 Weld County Building Inspection referral received 12/22/99 X 13 City of Greeley referral received 1/29/99 (5 pages) X 14 Greeley-Weld Airport Authority referral received 12/29/98 X 15 Town of Windsor referral received 1/21/99 X 16 Colorado Division of Wildlife referral received 1/25/99 (2 pages) X 17 Windsor-Severance Fire Dist. referral received 1/12/99 (2 pages) X 18 Federal Aviation Administration ref. &correspondance (5 pages) X 19 Windsor School District verbal comment X 20 Maps prepared by DPS technician (2 pages) X 21 Letter from Grant Morris, SPO received 1/7/99 X 22 Surrounding Property Owners (19 pages) X 23 Letter from North Weld County Water District received 1/4/99 X 24 Soil Survey (4 pages) X 24 Items submitted 4 EXHIBIT 990658 --- /AIZ I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Scott Ballstadt ❖ Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS /-C1 _day of 797 i, 19 yy SEAL NOTARY PUBLIC O, ' ��%e Goo • ; ESTHER E : MY COMMISSION EXPIRES COCKY4Q AtCanisbabe&in 11,2001 99<9& 33- #041:61li I D USE 1119€. LA SUMMARY SHEET ON COLORADO Case Number. USR-1212 Hearing Date: February 16, 1999 Applicant: William Willcutts/William Condon Address: 32500 WCR 27 Greeley, Colorado 80631 Request: A Site Specific Development Plan and a Special Review Permit for a Private Airstrip in the Agricultural zone district Legal Description: Part of the E1/2 E1/2 of Section 19, T6N, R66W of the 6th PM Location: North of and adjacent to WCR 66 & east of and adjacent to WCR 27 Size of Parcel: 86.75 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Public Works 1/26/99 • Weld County Health Department 1/7/99 • Weld County Building Inspection 12/22/98 • Weld County Code Compliance 1/4/99 • City of Greeley 1/29/99 • Greeley-Weld County Airport Authority 12/29/98 • Town of Windsor 1/21/99 • Town of Severance 1/20/99 • Colorado Division of Wildlife 1/25/99 • Windsor-Severance Fire Protection District 1/12/99 • Federal Aviation Administration 1/8/99 • School District RE-4 The Department of Planning Services'staff has not received responses from the following agencies: • Greeley #2 Ditch • Greeley Soil Conservation District 1 6arli SPECIAL REVIEW PERMIT h iDe ADMINISTRATIVE REVIEW COLORADO PLANNER: Scott Ballstadt CASE NUMBER: USR-1212 HEARING DATE: February 16, 1999 APPLICANT: William Willcutts/William Condon ADDRESS: 32500 WCR 27 Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Private Airstrip in the Agricultural zone district LEGAL DESCRIPTION: Part of the E1/2 E1/2 of Section 19, T6N, R66W of the 6th PM LOCATION: North of and adjacent to WCR 66 & east of and adjacent to WCR 27 SIZE OF PARCEL: 86.75 PARCEL NUMBER: 0805 19 000030 THE DEPARTMENT OF PLANNING SERVICES"STAFF RECOMMENDS THAT THIS REQUEST 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, as amended. 2. It is the opinion of the Department of Planning Services's staff 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 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 24.3.1.2--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. 2 (%I0625 � 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 future development of the surrounding area. Surrounding land uses include USR-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 also a letter from Mr. Grant Morris, one of the property owners to the north, in favor of the application. d. Section 24.3.1.4 --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 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 24.3.1.5 -- 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. A minimal amount of farmground 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 24.3.1.7--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. 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 Department of Planning Services' staff 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 3 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. (Public Works Dept.) 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, as amended. (Planning) 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. (Planning) 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. (Planning) 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. (Planning & Division of Wildlife) 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. 4 Cl)oi6) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1212 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. (Health Dept.) 4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 6. Fugitive dust shall be controlled on this site. (Health Dept.) 7. 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. (Health Dept.) 8. The site shall maintain compliance with all requirements of the Federal Aviation Administration. (Health Dept.) 9. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. (Public Works Dept.) 10. Pursuant to Ordinance 169A, 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. (Public Works Dept.) 11. This airstrip is limited to private use only as indicated in the application materials. (City of Greeley) 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 approved conditions 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. 5 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, as amended. 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, as amended. 15. 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. 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 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. 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. 6 a DEPARTMENT OF PLANNING SERVICES PHONE (970) FAX (91 , E52.6342 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES WillCIlD 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO December 22, 1998 William Willcutts 32500 WCR 27 Greeley, CO 80631 Subject: USR-1212 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Private Airstrip on a parcel of land described as Part of the E2E2 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Willcutts: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for February 16, 1999, at 1:30 p.m. This meeting will take place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Greeley, Severance, and W ndsor Planning Commission for their review and comments. Please call City of Greeley at 970-350-9780; Town of Severance at 970-686-1218; and Town of Windsor at 970-686-7476 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Greeley, Severance, and Windsor Planning Commission meetings to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. pectfully, colt Balls t EXHIBIT Planner II I q pc: William Condon, 1025 9th Ave. #407, Greeley, CO 80631 FIELD CHECK inspection date: 2/3/99 CASE NUMBER: USR-1212 APPLICANT: William Willcuti:s/Willia:m Condon LEGAL DESCRIPTION: Pt E2E219-6-66 LOCATION: East of and adjacent to Weld County Road 27 & north of and adjacent to WCR 66 Zoning Land Use N A(Agricultural) N Greeley #2 & 2 residences E A (Agricultural) E agriculture & I residence (south of WCR 66) S A (Agricultural) S agriculture & I residence W A (Agricultural) W agriculture, dairy & residence COMMENTS: • wetland area located in southern 1/3 of property - remainder of ground is in grass hay with one residence on extreme northern part of property • tank battery located at midpoint of property adjacent to WCR 27 • 2 residences north and adjacent to Greeley #2 ditch - 2 more residences approx 1/4 mile further north • large-scale electrical lines along eastern property boundary as shown on plat Scott Ballstadt, Planner II 3 . 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