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Home My WebLink About20213331.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR17-0045 - DENNIE KUTCHER 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, by Resolution dated December 27, 2017, the Board did approve the request of Dennie Kutcher, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0045, for an Airport/Airstrip in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot B of Recorded Exemption, RECX16-0010; being part of the W1/2 NE1/4 of Section 5, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, Dennie Kutcher, 31608 County Road 74, Galeton, Colorado 80622, to partially vacate Use by Special Review Permit, USR17-0045, and WHEREAS, the applicant has submitted a Lot Line Adjustment, LLA21-0037, to split the subject property, and the applicant is requesting the USR remain on Lot B of the LLA and be removed from Lot A of the LLA, 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 Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-280.6 of the Weld County Code, the applicant shall submit a revised USR map, titled "Partial Vacation of Use by Special Review Permit, USR17-0045", conforming to Section 23-2-260.D of the Weld County Code. 2. The Lot Line Adjustment Plat, LLA21-0037, shall be recorded prior to recording this Partial Vacation map. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR17-0045, be, and hereby is, partially vacated, with the abovementioned conditions, with said map to be titled and recorded as "Partial Vacation of Use by Special Review Permit, USR17-0045". 4786325 Pages: 1 of 2 12/17/2021 02:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII *Rd "III cc:PLerP/oA\ APPL . , APPL REP 02/03/22 2021-3331 PL2511 PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT USR17-0045 — DENNIE KUTCHER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da,fm, ,„k, Weld County Clerk to the Board BY: APP County A orney Steve oreno, Chair Lori Sain Date of signature: 4786325 Pages: 2 of 2 12/17/2021 02:55 PM R Fee:$0.00 County CO Carly )(copes, Clerk and Recorder, Weld 2021-3331 PL2511 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Diana Aungst, Planner Subject: Partial Vacation of USR17-0045 Hearing Date: December 6, 2021 Owner: Dennie Kutcher Legal Description: Current: Lot B of Recorded Exemption RECX16-0110 W2NE4 of Section 5, T6N, R63W of the 6th P.M., Weld County, CO New: Lot B of Lot Line Adjustment LLA21-0037 W2NE4 of Section 5, T6N, R63W of the 6th P.M., Weld County, CO Location: South of and adjacent to CR 74; approximately 0.6 miles east of CR 63 Parcel Number: 0799-05-1-00-020 Zone District: A (Agricultural) Parcel Size: Current: +/- 60.27 acres New: +/- 48 acres Narrative: The Department of Planning Services received a request, dated November 12, 2021, to partially vacate USR17-0045. The applicant has submitted a Lot Line Adjustment (LLA21- 0037) that is currently under review. This LLA is splitting the subject property and the applicant is requesting that the USR remain on Lot B of the LLA and be removed from Lot A of the LLA. The LLA plat is required to be recorded prior to the recording of this Partial Vacation map. The Department of Planning Services staff has reviewed this request and recommends that this request be approved with the following condition: 1) The Lot Line Adjustment Plat (LLA21-0037) shall be recorded prior to recording this Partial Vacation map. 12/06 Partial Vacation of USR17-0045 Page 1 of 1 PL2511 Wohnrade Civil Engineers, Inc. November 12, 2021 Ms. Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Subject: Kutcher Property Partial Vacation of USR17-0045 31608 CR 74 Galeton, Colorado 80622 Dear Ms. Aungst: This letter serves to document a request by the subject property owner to execute a partial vacation of USR17-0045, which was recorded on May 9, 2018 (See attached]. Attached is a copy of the Partial Vacation related to USR17-0045, which documents the proposed changes to the recorded document. On behalf of the property owner, we request a partial vacation of the Use By Special Review Permit USR17-0045 from the Board of County Commissioners, based on the attached support documents. Please let me know if you require additional information related to this request. Sincerely, WOHNRADE CIVIL ENGINEERS, INC. v) Mary B. Wohnrade, P.E. - Principal Professional Engineer: CO \ 4p0 REG%� p��i - • m. - 30325 .0141 6:-9,,,,a/.."Art. Wohnrade Civil Engineers, Inc. 11582 Colony Row, Broomfield, Colorado 80021 Phone: 720-259-0965 Fax: 720-259-1519 • CASE NUMBER: • REQUEST: • OWNER: • PLANNER: USR 17-0045 PARTIAL VACATION (ASSOCIATED WITH LLA21-0037) DENNIE KUTCHER DIANA AUNGST • LEGAL DESCRIPTIONS: CURRENT: LOT B OF RECORDED EXEMPTION RECX16-0110 W2NE4 OF SECTION 5, T6N, R63W OF THE 6TH P.M., WELD COUNTY, CO NEW: LOT B OF LOT LINE ADJUSTMENT LLA21-0037 W2NE4 OF SECTION 5, T6N, R63W OF THE 6TH P.M., WELD COUNTY, CO • LOCATION: SOUTH OF AND ADJACENT TO CR 74; APPROXIMATELY 0.6 MILES EAST OF CR 63 J ■ R 72 IL S re - i _ 1r WC■ i 7 r L to Ct z" I ft t., r USRs within one mile ISIRAINS i0,. 00M« cc U US A t11-0045 PORT 0 IX C) SITE SR -41727 PRIVATE COMMERICAL REC , EAC WCR 74 USR12 0052 NON -I04.1 MA J O R !FACILITY U SR -SAM FEED LOT CATTLE \`‘,\__ & SIBEEP°,3000 U -14=O0B CORR _ : r 4 a E LOAD.OLIT� �kctut If Col { MU Y R.1 4-D O 1 i CL A S S II OILLIE L A SLF Dpi LLA2I 0037 kla la *lcrCLIC& KIP Mei.. wri•si aro tip. reknit INeea i1lath 31' MIMI a Pa re mires amigirme 4Yi!� 4 !4 .iA 4:91n s T.Irma ek, XIS Etc. maTailiw s !� � egrin it SUS tu " ani' ass _`.. -a a 1 i' 4 mew ltk -611 449 -1a_n --• _L I .tofuz, e1:aaa arta: TN re -II it.h .ti- ia. d Sr- rr6 ) I "V •'Y-• • .. •'V 1 o'ati._ 4%a Moira r d my 7 "ae■-rle■ thal *We' Mee VT Cr a 0 Sara Frn !-rer;-+ jd'r Ij P 4 LL ate 't!u a ti- t MN Pal Vie trrsejli l0.41 self J✓ 'I— Car Pita -Pay Iarna L ■ M' ass' LAO m 4.w. 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PARTIAL VACATION USR17 0045 Quarter Comer Sea 6, TISK R83W )c1 ; rnkr-L2 nn tang*? r tlic Aluminum Cap u cII-I 'arJ cie $119111+ tint :int? rd c 2 I I I erNer Quarter Corner Sec.. 6, TOL Ft 1$1 Fwili rJ Pic;. 5 R.t1I4'-11 EII144 vi-' I14'ILitl-) Nth 5r di I] .AI.rlr nut '; ip stnrped ms shown WELD COUNTY ROAD 74 ri It TIM fir. I I Awaited -lout fizzes& r.1tr it0r,7P)I NH 31.7 f1r � f ,. =••.-nJ*��T.G�p'r Ti<1 1' —ti d , 115.1 dI rite 119-17E II II,. I sic Li I r'1 09 - Alp .•eIlCidi4 a1H 4aseit •f.A6—o LCBBACK M87 k 4.tiiT API■' 017Qt$F94tO14 iCo'*I P9 C 1_ 1 4i J. E-. r rl'• so PORTION VACPTEE FROM SF;R17-c144-1 ci I`4 0it@1^7 SUM it Intit 44 '.317'.S2' lc= - 1 - - CI I I -•I L•- ■ I L- E - II E i I I L- - E — I I = - II I -I■ Ir I 1 I I FI-I I I- - II II- - I I -fir El I I- _-• 0 1-- 1'4 I I--L-- E - I I L - E- KUTCI• _ I nom p11JIi* I I II I I I I ri 1 1 1 I — I I II— I 1 L -- ■IL - 1 I 1 ■ — II I -I'll I I I I I I I I -I I I- ■ I I I I- - I 1 I I I- II I- i - I II • I i SR9D5157"W /64,2a1 East S feenth Caine° C'fe.5,TES, RG3W - FL J l 1 II star..1-. I i I fc Q5µ 1 6 I IC/i. e' II i ii L II 1 I- -- 1 El 117 - I I L.■ I I I- - I II I E I I I-- I III I I I Northeast Sixteenth Corner ' Set_ 5, T16NI,: RCMP: ' Net Orkr',oaI, ere r rth ?.`1- chi t.Iwr1ir r-1 crin starpcd as aF-a rn SOLt'L'L 104 E -I I I I I I ri 1 -I I END OF PARTIAL VACATION USR17 0045 PARTIAL VACATION USE BY SPECIAL REVIEW NO. USR17-0045 Zoning District Table LOT D OF LOT LINE ADJUSTMENT Na LLA21-0037 BEING A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO North Sender Comer Sec, 5, TON, 063W Found 6 Rubor (unknOssn length) with 3.25" Rio Aluminum Cap stomped as shown Soils Table SuII psoxxoeseteriena Description Doom to rows. O out= to rumen= !wren NPR to eere. tewa Uwe emu Center owner Comer Seca 5. T6N, R63W Tounh No. 6Reber (un length) wen 3.]5 aia Aluminum COP stomped as shown WELD COUNTY ROAD 74 . rw ws toms om12e ewuev. Dent, rowe..e .wrcH -Wp¢m .e (.» N89]a.36"E 1317.91 _ LOT A, RE -3553 LOT A. LLA21-00 ]64.28' (w s-eoa.rl East Sixteenth Corner Sec, s, Teel_ R63W round No_ 6 R 5-(uOOP (unknown length) with stomped as soo=n wweao;t—wr \\\�Bw. sex. Pea ro Femw4 Ho. ] Northeast Suleenlh Comer Sec 5, TENS R63W stampas as shown Cente5Eazl Sixteenth Cotner Sec 5. TEN, ROW round or (un length) witn 5-d m Cop stomped os snow: LINE LEGEND District ►� Description r SYMBOL LEGEND: ® . "22orm6ti EslolIng ASe7.0. aannr ® .w o.s H. wOi (BBREVIATION LEGENDittere: w Lwe ewe,,. MONUMENT LEGEND: RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT. Sosla DEVELOPMENT STANDARDS SURVEY NOTES: USIS 0 0 o az t' i cp o © O BEFORE VICINITY MAP and poop.. 2E-7. ]Yg me ]rE el Us was [cunt,1 p 773 litules off 1st poops. emu, tundra unn Coun,v 62 G fo o o o 0 o Q AFTERVICINITYMAP WELD COUNTY'S RIGHT TO FARM STATEMENT. GENERAL NOTES: eo rvoxw oe]xi3oeE = Doers o e r[uw, rwv PROPERTY OWNER'S CERTIFICATION. noses Ws ass of 20 BOARD OF COUNTY COMMISSIONERS CERTIFICATION: SURVEYOR'S CERTIFICATE: LS 22090 2006. NOT T!7 ion w >w w SCALE: I' = >- > O cc g 7 22, z J J S Q W - z DAIE P-16-8056 33.72 1 1 Partial USA, Vacation - Eetcne �I NJ�CIP4YINrYICYCHYWI ilr44IW�INY'Mi VIII PROPERTY DESCRIPTION: Lot B of Recorded Exemption REC%16-0110: being portion of the West Hall of the Northeast Ouorter of sh Section 5, Tow p 6 North, Renee the } West of a en P.M.. County of Wald. Stole of Colorado. PROPERTY OWNERS CERTIFICATE rsignea ma ner(s) d e 5111d1:;,1',---- Ian 1n se BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This is to at e Board of County C e County. Colored°. does hereby confirm ond ontl desc..bee nrueon In Uev.en av o ranesyel Sperm Review °"'""°rive, £Veto °"'""os shown Y220-12, Chair. Boors of County Commissioner AITESli 2115 County Clerk to `iedus,ld. .k By: e8 Deputy 'Clerk oil �,r e27,i PLANNING COMMISSION CERTIFICATION This is the certify camal Me hiele wrlenc Tier Sped olDrfopmem y Special Ceevbw as she Jl�a tin. :Ms Site end described thereon this as certified 'Ind does hereby recarnrne. to the tl0pn day or USE BY SPECML REVIEW MAP FOR f MTC HC UJ MOE 97=© 45 LOT NORT EAST QUARTER EOFM SECTION F5. FOWN i 10. BE yWCEN63r EST OF WEST HE 6TH P.M, THE NORTHEAST COUNTY OF WELD, STATE OF COLORADO WEST THE 6 10 3 31 @ WCR 74 O T7N SITE " WCR 65 rn O ® O / \ / O VICINITY MAP SCALE - 1"=2000' GENERAL NOTES: I. 0 w Found din ..s identified radon According to Colorado low you Must within three years otter you first d 2defect in°, survey commenc.c hereon 3. The entire subject Properly Is locotce wahrntie I (tool nundetermined Oar, hoZord) of the 00 CC years from the dateo(ythe certit for shown FEMA National ailHazard Layer Melts OB 231 300E. the florae, mop or this location has a status of not printed". DEVELOPMENT STANDARDS: 1. P Site 5 c Development Pion and Use by Spec.l Review Permit. USRI2-00P5. is for on A port/Airstrip in the A (Agricultural) Z e District, subject to the Development Standards slated hereon. pp ova of th, plan may creole o vested property 9 pursuant to Section 23-6-10 of the Weld County Code. 11. Airstrip and hunger a for private use and is net open to the public. 4. All signs shad adhere la Chapter 23, Article IV, Division 2 and Appendices 23-C. 23-0 and 3-_ of the weld County Cade, 5. 411 liquid and solid wastes (as in the So. Wastes Disposal Sites and Facilities Act. Section 30-20-10..5, CR.S.) .all be stored and removed for find disposal I f v manner that protects against surface an le groundwater c pecillcolly excluded from the manent disposal wostes shall be permItted is definition rof a solid worm in Ilse. Solid Wastes D sposol Sttest and site. (Iris Facilities Act. Section 30-20-100.5, those wastes 7. Waste Materials shall be bondied. stored. d disposed el in manner thal centre. lugitive dust, fugitive parli. emissions,wing debris °rid other potential nuisance conditions The applicant shall operate in accordance wdh Chepter 14. Article 1, of the Wald County Code. FL Fugitive Dust should attempt to be confined on the properly. facility 04110 ..all b dhere to the maximum permissible nonin..m e levels °Sowed the Light Indust,. Zone District. as .mated Section 25-12- Toe 't a Cu Trig t° 0n -ode wostewoter atmen5e Systems a Permanent, a eau a wvter pPY vIl p Teed Iva eon g d r.. y p ryoses. It. Process wastewater (sir es) shalt a ed m e wolerlight vault .and M1auled aft tor proper dispo.l. Records of installation. maintenance, and proper dispo.l shall be reteined outdid Ira Fdr cmv antmclon o 12. Adequate shall be n the site Mr lens than rws"t2) 5 andwoshing end toilet facilities. °a d'Iwo (21 prices lido i a°eeonorIIISIAe to e el a nay. Deportment maintenance Pulelc Reath and endrnnment.IPortobfe lonelas shellbe service y c licensed in Weld County d shall Me secure an an13. All Impervious surto..us end m accordance with manufacturers recammendotians icols must be handled in o sole mon.. in accoreence w. =adaal lap g All chemicals mast be s, arect 14. if Mel slaved o t IS the ler-gest solAe tont( and sufficient freeboord to contain precipitolion, Secondary containment shall he sufficiently impervious to ...urn any spilled or released material. Secandery containment devices be inspectedcondition. All secondary containment will comply with the provisions al the State Underground one Above Ground Storage an Regulations. IS. If fuel s.slored on,Eite [pont.. that require o Sell o Countermeasure Pan, it shall be prepare, S occordonce with the applicable plurisions of ED CFR. Port 112. and shell be available on -site le. Any -equipment washing sholl odhere to low Risk Dlschorge Guidance. Dr-sc.:gee from Surface Cosmetic Power washing Operations to Lona, July 2010% as provided y the State. ly The ape even shell comply with m applicable rules and regulotions of elate and federal ago ids and the weld CountCountY Code. IX; r operator phi,' be responsible for controlling n >.us weed. on The Bile, pursuant Ira C upter 15. Articles 1 and II, of 2Sources historical o potter. o runoff amounts Shall. rays of light will nol onto adjacent propers. Sources of light should in fe with the use on the adjacent properties in he mac. Nether the d no, reflect.. tight 'torn o traffic hazard to moyfeetas f.nee won. or trued as. Mena controlors al mot ce.c.. a.....a print , nil. st eels. Na Basra g m r seawhich 29-3-10 of e O:2I al Codes, W6 stem olc Ennrerrgy C r2014 National Electric C following Application must be completed and a (2)tc to Bela of engineered plans peering In stomp of engineer mrl b hied for review. A Ceatecnnicei En? eHrig Report perform. by Colorado egistered engineer anal be required or on Open Hole Inspection. 22 CounThe properly es nor or operator shall be rponsbl ocomplying with the Design pe nhon Standards of Chaplet 23 or Ire weld sam el from the VVeld County Departments of Planning Services. Public works. mod Public Health and Environment shall yonuEt s onto the properly at any reasonable time in order to ensure lho activIhes co.ried out on tha properly comply with the oes at Approval one Development Standards staled herein and all opplcoble Weld County regulations24, hereon y regufaUse �ans ec. Subsltantial c ongesOY. area shall it tshown Standards. Weld omendmeril of the Permit the Weld County Board Only [ T i e pions or Oeveop exit Standards a permitted x her ..has shown or staled. shall require the approval of an anger sport be tiled m 'he (office of the Department ul Manning Services 25 The oppricant shall notity the Cminty upon receipt of ony compliance advi.ry Of 0.1,f nahce ol non-compliance o1 a Slate issued permit. one the outcome a Mspositran of any such compliance advisory or other notice of non -cu p rice. 6 .e property owner or .erolor sh. he responsible compiong non os et the foregoing the f y veopment Standards a reason far revocation el Ire Permit ray eDdip lon=e wah emc nl Ear y omissMeers. 0 27 RiGHT TO Ek TRACT MINERAL RESOURCES STATEMENT: Weld County has some of ding, bu Irmiled to. sond ona gravel. ail. nolural gns. and cool. Under 11111 34 of the CohEndo 0evised Statutes, reinmuln ere HMI resources e (n) economy. (0)Sthe because such dcaosits. d •(c) . pasha ishould be extracted s accord. tic he itieens of Me pmpuious c lies al deposits se diEruPl.'oughoblthe the moving Into these areas ni mpocls associated w. this ceveleornent. Often times, resource sites ore fix. to their geographiCal and gcys a. locat.ns. moreover, these resources ore protected preuerty rights a. rotrierol owners should be afforded the opportunity ext COUNTY'S RICHT TO FARM: Weld County is one of the most produ I, top ten counties in the country in Iota, martial value of agricultural p specious, but they ore intensivey used Mr agriculture. Persons romdng onto a rural or including conilmts with long-stonding agricultural proclices and a lower level service II...wives in.!, attract urbon dweller, to relocate sea...,. •oral atmosphere end way al lee. With. neighboring lam, those features nd should not be expected to e their an. gll generoteg or. e or roads, dust frorn ., pens, field wart, ha 'guitoes:, hunting trap IC,E9 and fertlkers in the fields, includIng the use of uericuitural machinery assist Men produces a visual y beteen rurd an supplies lwto ion shall not be found to be a pub. or private n oe P bat ore commonly or reasonably ossocioted with In the United States. typically of Weld County moy be open and le and accept there ure drawbacks. .own Along with the drawbacks come the locL of city noise and congestion. and the bon dwellers la rural Wed County would au y e orn nimal confInernent. silage legate hazing of nu•sance w�tade. Oh. eg to Ia 0 2nu C_R.S.. provides that isance uisance p y Wcter hos been, aria continues to be, the lifeline for the ogrfc simply be rneved 'out ot the y ' of resIdential development. When moving In Itie Cminly. property owners und residents cannot tote water Mon irrigation ditrot realize y ditches. hakes. or other structures. unless y nave on xi tetra 9 to the water. W. County cosers o land orea al thousand (4.000) a of Delaware) with more than three 100,00012 seven hundred approximately001 e se .r e.e nmpnnts man on patrols of the magnitude y. end me must oe traveled r del. °. ire Protectioo asu(WY Provided by volunteers 0110 must leove teele jobs and families le respond to County ,es moan that roads horn subdivisions la arterials r of b. =tear a tar several days after a ro snowstorm_ Ser iceO°sin o br more self —Sullialeilt than urban dwellerS. Pea" are exposed to different hothan in on urban or s irrigation d4ohes, electrical power orr puin the mps oaoier P of threats. Controlling °e Ildren s oetwdies is importan Protection al Me la,rner•s F cod ond oil field equipment. ponds ona mime vines. mt v r their sa ty. . also for fur tie the form a USE BY SPEC/AL REVIEW MAP 2o2S. 1.w Sh0r// / 2 Sheets USE ST SPECIAL REVIEW MAP FOR watt Y.kitl41V,1W,hY1ll&i,t, 11111 N Yc. =7' NOM COUP, 0040 74 AGA it/eAzup•llcw vaw[O �- f Go 667P FOAM VOA Kew AMMO I f iev� .rom Al • Pe OM r tp ItS J msP4w. I woo N., GIG GeNc,r, U00000„ I Lwlxet IA w0 s ,�xb7697 xc G � GSM,' POP GAM GO iecKn eesrwn,F mars occ OVev- AAG Tm a OF \ ASS Or 00 GAGS (GA' 0 7 ,p Too KRS CC=DCECR MSG39 77=000445 LOT B OF RECORDED EXEMPTION. RECXt6-0110. BEING A PORTION OF THE WEST HALF OF THE NORTHEAST ON4RTER OF SECTION 5, TOWNSHIP 6 NORTH. RANGE 63 WEST OF THE 6TH P.M. COON, OF WELD, STATE OF COLORADO. (Mrs- O Al s AG cAs GO Tµ'' PROP rrrnem uw' / 7 ASSOGGS ohs }p O ' SLIGO/ PAOGS POP /Gs 9r enno, GASI •s i IN- rpaP07/e•Assoc 669Oof 469060660 AIM -r-NH moo ce.ff \ V e' x� p` PAr (F?MC0 Go' selaGer moos GP OA/GS Pau CAO Too 200 rem SOILS CLASSIFICATION: o- Asrnlan Sandy Loom ]9 - Nunn Loam Slope: 0 to 3 percent Depth a than 80 inches Nete. drainage class: Well drained Runoff class: Low BO inches Frequency water of flooding: None Frequency of oonding, None GENERAL NOTES: Q— vane loamy sand Depth to restrictivepercent p 5 p mn 80 Ochee Depth re t n 8a inches Natural drainage doss, Excessively afned Natural drainoqe Run s well drained Runofclass: Medium Depth l to water todle:More than BO Inches Depth to water table: Mote than 80 inches Frequency of. flooding: None Frequency nf flooding,None Frequency of ponding: None Frequency of ann., None I. O a Fou a pin os identified hereon, 2. According to ra within after you defect tin th.s survey be commenced more than Ion mars from the date of the certification .flown 3. The entire suOject property is located m XZone D (areas rl) or too al FEMA NationFlood Horard toyer FIRM 081?3C1,300E. The Rood mop tor this if:motion hco o status LINE LEGEND One / Lm Lmh. Rio , NI why One. floFutureeRig t or Waay vac tftf..:,fd,rfLa to Colorado Malec, 2 any egad action Posed upon any defect G this survey from the date of Me certlficotton shown hereon c1 In na evenl. mayor, action based upon ony • 2 / shedT / /2 She. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0045, FOR AN AIRPORT/AIRSTRIP IN THE A (AGRICULTURAL) ZONE DISTRICT - DENNIE KUTCHER 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 27th day of December, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Dennie Kutcher, 31608 CR 74, Galeton, CO 80622, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0045, for an Airport/Airstrip in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RECX16-0110; being part of the W1/2 NE1/4 of Section 5, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by 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 recommendation 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.6 of the Weld County Code as follows: A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The proposed airstrip and hangar is for private use only and is not open to the public. Development Standards addressing potential impacts (i.e., regulating maximum noise) are attached. 2) Section 22-2-20.1.5 (A.Policy 9.5) states: `Applications fora change of land use in the agricultural areas should be reviewed in cc: PLccowrnm),PE( H81. LHC$F), Cr0(l-J). O.PPL Oa/05/18. 2017-4032 PL2511 SPECIAL REVIEW PERMIT (USR17-0045) — DENNIE KUTCHER PAGE 2 accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." The proposed use is in an area that can support this development and the existing screening, and the Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right. Development Standards have been attached (for instance establishing a maximum noise level limit and establishing the airstrip and hangar as not open to the public) to mitigate impacts of the proposed use on the surrounding area. 1) Section 23-3-40,F of the Weld County Code lists Airports and Airstrips as a Use by Special Review in the A(Agricultural) Zone District. C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed airstrip and hangar is located in a rural area. Two (2) residences are located immediately to the north and west of the USR site. No correspondence or phone calls from surrounding property owners regarding this case have been received. Development Standards have been attached (for instance establishing a maximum noise level limit and establishing the airstrip and hangar as not open to the public) to mitigate impacts of the proposed use on the surrounding area. D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 2017-4032 PL2511 SPECIAL REVIEW PERMIT (USR17-0045) - DENNIE KUTCHER PAGE 3 F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 58.84 acres delineated as "Other" and "Irrigated Land Non -Prime," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Dennie Kutcher, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0045, for an Airport/Airstrip in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Federal Aviation Administration (FAA) as stated in the referral response dated November 14, 2017. Written evidence of such shall be provided to the Department of Planning Services. B. The plat shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR17-0045. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The applicant shall show the drainage flow arrows. 6) County Road 74 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 7) Show and label the approved access(es) and the appropriate turning radii (60') on the site plan. 2017-4032 PL2511 SPECIAL REVIEW PERMIT (USR17-0045) - DENNIE KUTCHER PAGE 4 8) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (,pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2017-4032 PL2511 SPECIAL REVIEW PERMIT (USR17-0045) — DENNIE KUTCHER PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of December, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLO ' DO ATTEST: dt�1/ ;e1 Weld County Clerk to the Board BY: Deputy Cler APP-ROyED AS County torney Date of signature: ©///9Xf Julie A. Cozad, Ch Steve Moreno, Pro -Tern EXCUSED Sean P. Conway EXCUSED Mike Freeman , arbara Kirkmeyer 2017-4032 PL2511 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DEN NIE KUTCHER USR17-0045 1. The Site -Specific Development Plan and Use by Special Review Permit, USR17-0045, is for an Airport/Airstrip in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The Airstrip and hangar is for private use and is not open to the public. 4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) 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. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 8. Fugitive dust should attempt to be confined on the property. 9. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District, as delineated in Section 25-12-103, C.R.S. 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 11. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 12. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at all times. For employees or contractors on the site for less than two (2) consecutive hours a day, and two (2) or less full-time employees on the site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of 2017-4032 PL2511 DEVELOPMENT STANDARDS (USR17-0045) — DENNIE KUTCHER PAGE 2 Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 14. If fuel is stored on -site, secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. 15. If fuel is stored on -site in quantities that require a Spill Prevention, Control and Countermeasure Plan, it shall be prepared in accordance with the applicable provisions of 40 CFR, Part 112, and shall be available on -site. 16. Any airplane, vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges from Surface Cosmetic Power Washing Operations to Land, July 2010," as provided by the State. 17. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 18. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 19. The historical flow patterns and runoff amounts on the site will be maintained. 20. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 21. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 22. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 2017-4032 PL2511 DEVELOPMENT STANDARDS (USR17-0045) — DENNIE KUTCHER PAGE 3 23. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 24. The Use by 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 Board of 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. 25. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 26. 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. 27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vial resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposis; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2017-4032 PL2511 Hello