HomeMy WebLinkAbout971203.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1145 FOR A PRIVATE AIRSTRIP IN THE A (AGRICULTURAL) ZONE
DISTRICT - RUSS AND BONNIE HEPPNER
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 25th day
of June, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Russ and Bonnie Heppner, 37808 Weld County Road 53, Eaton,
Colorado 80615, for a Site Specific Development Plan and Special Review Permit#1145 for a
private airstrip in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of RE #1466, located in part of the W1/2 NW1/4 of
Section 28, Township 7 North, Range 64 West of the
6th P.M., Weld County, Colorado
WHEREAS, Russ Heppner, 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. 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 farm
ground from production and, thus, is consistent with the Weld County
Comprehensive Plan.
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SPECIAL REVIEW PERMIT#1145 - HEPPNER
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B. Section 24.4.2.2-- This proposal is consistent with the intent of the
A (Agricultural) Zone District. The Agricultural Zone District is established
to maintain and promote agriculture as an essential feature of Weld
County. This proposal does not remove prime farm ground 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.
C. Section 24.4.2.3-- The proposal is consistent with Section 24.4.2.3 of the
Weld County Zoning Ordinance and will be compatible with the existing
surrounding land uses. There are approximately six 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 24.4.2.4 --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
proposal is not located within any town's Urban Growth Boundary Area or
three-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 24.4.2.5-- 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. 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 24.4.2.7--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 health, safety, and welfare of the inhabitants of the
neighborhood and County. The applicant will be required to 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Russ and Bonnie Heppner for a Site Specific
Development Plan and Special Review Permit#1145 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. Prior to recording the plat:
A. The Special Review Permit plat shall be amended to show the
dimensions and location of the runway. The map shall also include the
dimensions of the hangar. The following minimum dimensions shall be
shown on the plat in accordance with the recommendation from the FAA.
A safety area of 60 feet either side of the runway centerline.
ii. An object free area of 125 feet either side of the runway
centerline. This object free area should not extend into the right-
of-way for Weld County Road 53.
iii. A safety area of 240 feet each end of the runway.
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 the Weld County Public Works
Department dated March 25, 1997.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of June, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, CO RADO
ATTEST: „' "�,� , ;L1;c,rX
�j y� „ ,,,..
„ Georg E. Baxter, Chair
0,
Weld Count ta2tt) • i , •
�j, � . i stance L. Harbert, P o-T
Deputy Cler ?5 -- _4
Dale K. Hall
A 0 AS TO ORM: EXCUSED
Barbara J. Kirkmeyer
ou y A orne 1 t ��JA -W. H. ster
971203
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSS AND BONNIE HEPPNER
USR#1145
1. The Site Specific Development Plan and Special Review Permit is for a private airstrip in
the A (Agricultural) Zone District, as indicated in the application materials on file and
subject to the Development Standards stated herein.
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 dBA, as
measured according to Section 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.
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.
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 herein and all applicable Weld County regulations.
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DEVELOPMENT STANDARDS - HEPPNER (USR#1145)
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14. The Special Review area shall be limited to the plans shown herein 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.
971203
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