HomeMy WebLinkAbout20174033.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR17-0045
APPLICANT DENNIE KUTCHER
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
AN AIRPORT/AIRSTRIP IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RECX16-0110. PART W2NE4 SECTION 5. T6N R63W OF
THE 6TH P M . WELD COUNTY, COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 74, APPROXIMATELY 0.6 MILES EAST OF
CR 63
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A Section 23-2-220.A 1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.I A Goal 9 Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses.
The proposed airstrip and hanger is for private use only and is not open to the public.
Development Standards addressing potential impacts (for instance a development standard
regulating maximum noise) are attached.
Section 22-2-20 15_A.Policy 9.5. Applications for a change of land use in the agricultural
areas should be reviewed in 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,
the Development Standards. and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
Section 23-2-220.A.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 hanger as not open to the public) to mitigate
impacts of the proposed use on the surrounding area
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.
Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses_
EXHIBIT
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RESOLUTION USR17-0045
DENNIE KUTCHER
PAGE 2
The proposed airstrip and hanger is located in a rural area. Two 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 hanger as not open to the public) to mitigate
impacts of the proposed use on the surrounding area.
D Section 23-2-220.A.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.
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. 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 Program_
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A 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
Section 23-2-220.A 7 - There is adequate provisions for the protection of the health. safety,
and welfare of the inhabitants of the neighborhood and County.
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 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 Planning Commission recommendation for approval is conditional upon the following
1. Prior to recording the plat
A. The applicant shall address the requirements of the Federal Aviation Administration (FAA) as
stated in their referral response dated 11/14/2017 Written evidence of such shall be provided to
the Department of Planning Services. (FAA)
RESOLUTION USR17-0045
DENNIE KUTCHER
PAGE 3
The applicant shall address the requirements of the Weld County Department of Public Works
regarding access. Per the response from Public Works dated 10/10/2017, an access permit will
be required if the turning radii needs to be upgraded. (Department of Public Works)
The plat shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR17-0045 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
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. (Department of
Planning Services)
5. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
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. (Department of Public Works)
7. Show and label the approved access(es) (APXX-XXXXX). and the appropriate turning
radii (60.) on the site plan. (Department of Public Works)
8. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public
Works)
9. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
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, (Department of Planning Services)
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 added for each
additional three (3) month period. (Department of Planning Services)
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.
(Department of Planning Services)
RESOLUTION USR17-0045
DENNIE KUTCHER
PAGE 4
5. Prior to Construction:
A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
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.
(Department of Planning Services)
Motion seconded by Lonnie Ford.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on December 5. 2017.
Dated the 5'h of December, 2017
43saban&1411-kluivu
Kristine Ranslem
Secretary
RESOLUTION USR17-0045
DENNIE KUTCHER
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dennie Kutcher
USR17-0045
A Site -Specific Development Plan and Use by Special Review Permit. USR17-0045, for a non-commercial
& private Airport/Airstrip in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The airstrip and hanger is for private use and is not open to the public. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. (Department of Public Health and
Environment)
8. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
9. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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_ (Department
of Public Health and Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on 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 Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
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. (Department of Public Health and Environment)
RESOLUTION USR17-0045
DENNIE KUTCHER
PAGE 6
14. If fuel is stored onsite, 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.
(Department of Public Health and Environment)
15. If fuel is stored onsite 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. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
18. The property owner shall control noxious weeds on the site. (Department of Public Works)
19. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
22. 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. (Department of Planning
Services)
23. 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. (Department of Building Inspection)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. 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_
26. 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.
RESOLUTION USR17-0045
DENNIE KUTCHER
PAGE 7
27. 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 (Department of Public Health and Environment)
28. 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. (Department of Public Health and
Environment)
29. 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 person moving into these areas
must recognize the various impacts associated with this development. Often times, 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.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious. but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness. wildlife, lack of city noise and congestion. and the rural atmosphere
and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on
rural roads: dust from animal pens. field work, harvest and gravel roads: odor from animal confinement,
silage and manure; smoke from ditch burning: flies and mosquitoes: hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C_R.S_, provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County. property owners and residents must realize they cannot take water from irrigation
ditches. lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
RESOLUTION USR17-0045
DENNIE KUTCHER
PAGE 8
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas. in many cases. will not be equivalent to municipal services. Rural dwellers must, by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock. and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
ryc kinubts
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. December 5, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room. 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Terry Cross. at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stifle. Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope. Lonnie Ford.
Also Present: Kim Ogle and Chris Gathman. Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of
Health: Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem. Secretary.
Motion: Approve the November 21. 2017 Weld County Planning Commission Minutes, Moved by Bruce
Sparrow, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR 17-0045
DENNIE KUTCHER
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR AN AIRPORT/AIRSTRIP IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT B REC EXEMPT RECX16-0110: PART W2NE4 SECTION 5. T6N. R63W OF
THE 6TH P.M.. WELD COUNTY, COLORADO
SOUTH OF AND ADJACENT TO CR 74: APPROXIMATELY 0.6 MILES EAST OF
CR 63.
Chris Gathman. Planning Services, presented Case USR17-0045, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Evan Pinkham. Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering. reported on the drainage conditions for the site.
Ben Frissell, Environmental Health. reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Dennie Kutcher. 31608 CR 74, Galeton. Colorado. Commissioner Cope referred to the closest residence
which is to the west on the north end and asked how far that residence is to the runway. Mr. Kutcher said
it is approximately 120 feet away from the runway. Mr. Kutcher said that the airstrip will be used for his
recreational use.
Commissioner Sparrow asked why this isn't a use by right. Mr. Choate said it is a defined in the terms
under Section 23-1-90 and it is clear that this use requires a USR under the County Code.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR17-0045 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson. Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stifle. Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross. Tom Cope.
EXHIBIT
1
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Meeting adjourned at 2:11 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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