HomeMy WebLinkAbout20174032.tiffRESOLUTION
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.B of the Weld County Code as follows:
A. Section 23-2-230.B.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
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SPECIAL REVIEW PERMIT (USR17-0045) — DENNIE KUTCHER
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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.B.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.B.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.B.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.
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SPECIAL REVIEW PERMIT (USR17-0045) - DENNIE KUTCHER
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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.
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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.
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SPECIAL REVIEW PERMIT (USR17-0045) — DENNIE KUTCHER
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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'ADO
ATTEST: �/•a��u/L/ JC,1lo'(.1
Weld County Clerk to the Board
BY:
Deputy Cler
Julie A. Cozad, Ch
Steve Moreno, Pro-Tem
EXCUSED
Sean P. Conway
ApP-RO ' 1 AS EXCUSED
County ttorney
Date of signature: a///7XS-
Mike Freeman
/�arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DENNIE 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
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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.
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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 vital
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 deposits;
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.
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