HomeMy WebLinkAbout20092986.tiffHEARING CERTIFICATION
DOCKET NO. 2009-64.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1705 FOR AN EXTENSION OR EXPANSION OF A NON -CONFIRMING USE
(PRIVATE AIRSTRIP/AIRPORT) IN THE A (AGRICULTURAL) ZONE DISTRICT —
LAND AIRPORT, LLC
A public hearing was conducted on November 18, 2009, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 2009, and duly published
September 24, 2009, in the Windsor Beacon, a public hearing was conducted on November 4,
2009, to consider the request of Land Airport, LLC, for a Site Specific Development Plan and
Use by Special Review Permit #1705 for an Extension or Expansion of a Non -Confirming Use
(private airstrip/airport) in the A (Agricultural) Zone District, at which time the Board deemed it
advisable to continue the matter to November 18, 2009, since the Planning Commission hearing
was continued from October 6, 2009, to November 3, 2009. At said hearing on November 18,
2009, pursuant to a notice dated October 19, 2009, and republished October 22, 2009, Bruce
Barker, County Attorney, made this a matter of record. Chair Garcia advised Lloyd Land,
applicant, that he has the option of continuing the matter to a date when the full Board will be
present; however, if he decides to proceed today, the matter will require three affirmative votes,
or in the case of a tie vote, Commissioner Long will listen to the record and make the
determining vote. Mr. Land indicated he would like to proceed.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated the site is located south of County Road 16, and west of County Road 51.
He stated the facility was originally brought before the Board through the violation process in
2008, regarding the alleged expansion of a Non -Conforming Use through the installation of a
new runway on the site. He clarified the Board determined the improvements did not constitute
a violation, therefore, the hearing was dismissed, and the applicant was encouraged to apply for
a USR permit for the facility. He indicated the applicant does not anticipate the addition of any
buildings or other improvements, and there are no plans to increase the current activity
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associated with the facility. He confirmed the applicant does collect and restore small airplanes,
and it is possible that the applicant may increase his collection of airplanes. Mr. Gathman
displayed a map, indicating the property is comprised of four parcels. He indicated a
single-family residence is located adjacent to the main access on County Road 51. He
confirmed the Calpine facility is located west of the site, and there are other single-family
residences south of the facility. He stated the site is located within the three-mile referral area
for the Towns of Keenesburg and Hudson, and both Towns indicated there were no objections
or conflicts with the proposed use. He further stated the Town of Hudson would like to discuss
possible annexation of the properties if the applicant chooses to further develop the facility in
the future. He indicated one letter of concern was provided by a surrounding property owner,
which references issues discussed within the violation hearing, and states a concern regarding
approval of the construction of the landing strip from the Federal Aviation Administration (FAA).
He clarified the FAA did provide a letter, indicating no objections, which has been included as a
part of the record. Mr. Gathman displayed photographs of the site and surrounding area, and in
response to Commissioner Rademacher, he reiterated a single-family residence does exist on
the applicant's property. Further responding to Commissioner Rademacher, Mr. Gathman
confirmed there is an additional residence one -quarter mile to the south, and another to the east
of the facility. Responding to Chair Garcia, Mr. Gathman indicated he is not sure whether the
Calpine facility received notice of the proposed USR permit through the mail; however, a notice
was properly posted on the property, and no comments were received from the operator/owner
of the Calpine facility. He clarified the facility has been in operation since the 1960's, and is not
a new use within the surrounding area. He stated the second runway is only utilized when
specific wind conditions exist, and a surrounding property owner has confirmed that the runway
is not utilized frequently.
Don Carroll, Department of Public Works, stated County Road 51 was paved, in 2004, in
conjunction with the improvements required through USR-1339 for Calpine Corporation. He
indicated the traffic count for the section of road between County Road 16 and State Highway
52 is approximately 277 vehicles per day, and the count was taken in 2009. He stated 85
percent of the traffic travels at an average of 62 miles per hour, and 31 percent of the overall
traffic is trucks. He confirmed the access is paved from County Road 51, through the site, to the
runway, and the access is of good quality. He further confirmed there are gravel parking areas
for equipment storage, and the applicant will be required to tend to the weeds on the site. He
indicated the applicant was required to provide a traffic study, and it is expected that eight to ten
vehicles will access the site on a daily basis, in addition to various pieces of heavy equipment
utilized for the farming and harvest operations on the site. He clarified eight airplanes are
currently housed at the facility, and the applicant may increase the total number to fifteen or
more. He indicated the applicant provided a drainage report and the northern portion of the
property is located within the floodplain; however, no portions of the airstrip or airport are within
the floodplain. In response to Commissioner Rademacher, Mr. Carroll reiterated the site
contains four parcels, and there are two residences located on the site.
Lauren Light, Department of Public Health and Environment, stated water for the office building
and one of the residences is provided through a private commercial well, and the applicant is
aware that the permit must be amended from "commercial non-exempt", or the irrigation uses
must be discontinued. She indicated the site contains three existing septic systems, one for
each residence, and one for the office building. She further indicated the application materials
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indicate that six people are associated with the operations of the airport, and the septic system
within the office building is sized for use by one (1) person, therefore, a report from an engineer
will be required. She stated the applicant is required to submit Dust Abatement and Waste
Handing Plans, and documentation needs to be provided that the paving on the site will remain,
in order to reduce dust. She clarified an item of discussion at the Planning Commission hearing
was in regards to the incorrect notarization of the Statement of Existing for the septic system,
and the Department determined it was necessary to complete an inspection of the septic
system. She further clarified a letter was provided that the system is sized correctly to serve
one (1) person. Responding to Commissioner Rademacher, Ms. Light the noise level allowed
within the Industrial Zone District is more permissive than the Agricultural Zone District.
Vern Burke represented the applicant and confirmed he helped Mr. Land assemble the
application materials. He clarified the facility is an existing Non -Conforming Use, which dates
back to before Weld County created its land use code and policies. He clarified the site is
primarily utilized for agricultural operations, there are several existing outbuildings utilized in
conjunction with farming operations, and the agricultural trucks and equipment are serviced
during the winter months. He indicated the existing office building is located adjacent to the
airplane hangars, and the farming operations are organized and coordinated from the office
building. He indicated six employees is the maximum number of people to be on the site on any
given day, and generally there are only one or two employees on the site.
Hope Babeon, surrounding property owner, indicated Mr. Land has farmed land east of her
property for many years, and she has personally known Mr. Land for more than 30 years. She
confirmed Mr. Land is an excellent neighbor, who works diligently to keep his property clean and
orderly. She indicated she understands Mr. Land is a collector of airplanes, and the noise
generated when the planes are being flown is not bothersome, especially in comparison to the
noise generated from the Calpine facility. She confirmed Mr. Land has been an excellent
neighbor and was a huge help to neighbors in the area when the Calpine facility was seeking
approval for its USR permit by helping to convince the operator to provide water for dust control
on the road until it was paved. She further confirmed the farming operations on the site are well
taken care of, and she knows Mr. Land has worked very hard on his property for many years.
She indicated he is a good and safe pilot. Commissioner Kirkmeyer expressed her appreciation
to Ms. Babeon for providing her comments, and indicated she is always pleased to hear of
positive neighborly relations.
Pam Simpson, surrounding property owner, stated she has read and reviewed all of the
application materials, and she would like for some outstanding questions to be addressed within
today's hearing. She expressed her concern regarding how the use of a private airport is
supported by the Weld County Code, specifically in relation to Sections 22-2-20.A (A.Goal 1),
and 22-2-20.B (A.Goal 2), which she reviewed for the record. She indicated airplanes are
beneficial for crop dusting within agricultural operations; however, the applicant has indicated
there are no plans to utilize the planes for this type of business. She expressed her concern
regarding private airports becoming the center of housing developments, or becoming a public
airport, and neither use supports agricultural land uses. She indicated the application materials
are vague and do no specifically reference how the private airport will be utilized, and she does
not understand why such a use should be allowed within the A (Agricultural) Zone District. She
confirmed the Non -Conforming Use needs to be re -reviewed, since the use of the property has
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expanded within past years. Ms. Simpson stated the questionnaire within the application
materials is not completed to the same extent as required through many other USR permit
applications to be reviewed by the Board. She indicated she does not understand why the
applicant is submitting the application if there are no plans for further expansion of the facility,
and if the applicant is applying for a USR permit solely at the recommendation of the Board, the
application materials should contain a clearly developed plan for the facility. She clarified she
brought up the issue concerning the notary signature at the Planning Commission hearing to
serve as a training issue for staff, and to prove that she reviewed the application materials in
detail. She indicated the applicant does not meet the required criteria within the Weld County
Code, and the use of a private airport does not support agricultural development. Ms. Simpson
confirmed she spoke in favor at the hearing held for the USR permit for the Calpine facility, and
she indicated she believes non-agricultural development should be completed in a proper
manner. She indicated the Board should not grant a special favor to the applicant because of
his good standing within the community, and she requested that the matter be postponed until
the applicant provides for clarification regarding the future plans of the facility. She reiterated
the application materials are no sufficient and do not uphold the intended purpose of the
application process. Chair Garcia expressed his concern regarding Ms. Simpson's statement
regarding the Board providing a special favor to the applicant, and confirmed he has not heard
of any personal relationship or reason why any of the Commissioners should be recused from
the hearing. Ms. Simpson clarified that she is requesting that special treatment not be granted
by the Board because of what might be presented through the "community rumor mill." Chair
Garcia clarified the rumor mill does not have any place within Board hearings, and the Board
deals only with the facts presented within a hearing. Ms. Simpson expressed her appreciation
to Chair Garcia for his assurance that only factual information is considered within the hearing
process. There being no further comments, the Chair closed the public input portion of the
hearing.
Mr. Burke clarified the use of the site is a current Non -Conforming Use, and was
"grandfathered" before the development of the Land Use Code within the Weld County Code.
He confirmed Mr. Land provided the application materials, as suggested by the Board, and he is
willing to be a good neighbor within the community to spend additional time and money to
complete the necessary paperwork associated with the application process. He indicated some
of the specific uses are not described in detail within the application materials because they are
no different than they have been for the past twenty years. He reiterated the site will primarily
remain in agricultural production, and Mr. Land utilizes the private airport as a function of his
hobby during his spare time. He confirmed the only improvements completed at the site have
served the purpose of addressing presented safety concerns or have been a part of the general
maintenance of the site. Responding to Commissioner Kirkmeyer, Mr. Burke confirmed the
private airport and airstrip will not cause a harmful effect on the agricultural operations currently
occurring on the site. Further responding to Commissioner Kirkmeyer, Mr. Land confirmed he
does not have any plans to cease agricultural operations and the airstrip improvements do not
hinder his agricultural operations on the site. In response to Commissioner Kirkmeyer, Mr. Land
indicated, since the private airport was established in the 1960's, he has not removed any land
from agricultural production for the installation of the airstrip or any other improvements at the
facility.
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Commissioner Kirkmeyer stated Condition of Approval #1.1 indicates that a permit for a
Commercial Fuel Alcohol Plant in located within the boundaries of the site, and staff is
requesting that the use be withdrawn. In response, Mr. Land clarified he began the operation of
the plant a long time ago, and the whole idea of turning corn into fuel was premature in its time,
therefore, the operation did not pan out.
In response to Commissioner Conway, Mr. Land confirmed his plan is to continue restoring
aircraft and possibly expand his personal collection. He indicated most likely he will not
significantly expand the number of aircraft he owns; however, he wanted the flexibility to be
allowed to obtain additional aircraft if the possibility is presented to him. Further responding to
Commissioner Conway, Mr. Land indicated only one aircraft is in the air at any given time.
Responding to Commissioner Rademacher, Mr. Gathman indicated the applicant has provided
an adequate amount of detail within the Site Plan. He confirmed the use is unique, and the
application materials were submitted to address a use already occurring on the site. He
indicated staff decided the best way to classify the use was as an Expansion of a
Non -Conforming Use, which is a bit confusing since there will not be technical expansion of the
site, rather, only the possible expansion of the number of personal airplanes. He confirmed the
intent of the facility did not meet the minimum criteria to be reviewed as an airport facility, since
it is not a public facility. He stated the application materials did not provide a large amount of
fine detail; however, the information provided did adequately address the intent of the proposed
use, thereby establishing a baseline for the airport facility. Commissioner Rademacher
concurred with Mr. Gathman and expressed his appreciation to Mr. Gathman for providing an
explanation for the record. Responding to Commissioner Kirkmeyer, Mr. Gathman confirmed
the application as deemed complete by staff, based upon information provided during the
pre -application process, including information regarding the septic systems and availability of
water on the site. Further responding to Commissioner Kirkmeyer, Mr. Gathman clarified airport
facilities are allowed as a Use by Right within the A (Agricultural) Zone District; however, the
application process is much more complicated due to the regulations which are incorporated for
a public facility. He further clarified it was determined that the Expansion of the Non -Confirming
Use was the best option for this applicant, since the airport is privately maintained.
Commissioner Rademacher expressed his concern regarding Development Standard #8, and
he indicated it will be next to impossible for the applicant to prevent light emission from the site
when he is conducting welding operations on large pieces of farming equipment. He read the
language aloud, and indicated he does not believe it is appropriate to list this language within
the Resolution, since this site is primarily used for farming operations, with the airport use being
a minor additional use. He confirmed he understands the intent of the language; however, it is
not applicable for this site. Commissioner Kirkmeyer clarified the applicant is required to
provide a Lighting Plan as a Condition of Approval. Responding to Commissioner Rademacher,
Mr. Burke clarified the airport is mostly shielded from surrounding properties, and all of the
airplanes on the site are repaired within an enclosed building. Commissioner Rademacher
expressed his concern regarding the potential for the applicant to be out of compliance if it were
deemed necessary to repair a combine in the field, since sometimes it is not feasible to move
large pieces of equipment to an enclosed building to complete repairs. In response to
Commissioner Kirkmeyer, Commissioner Rademacher indicated the light produced by welding
equipment travels in all directions if the welding operations are not completed within an
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enclosed structure. Further responding to Commissioner Kirkmeyer, Mr. Gathman clarified the
issue of lighting on the site was discussed during the violation hearing, and this language was
added as a typical Development Standard. Commissioner Rademacher concurred with the
requirement for the applicant to submit a Lighting Plan; however, Development Standard #8
should be deleted. Commissioner Kirkmeyer indicated the second sentence of Development
Standard #8 is valid, and should remain. Responding to Commissioner Rademacher, Mr. Burke
confirmed there are no colored lights utilized at the facility which could be confused with traffic
control devices. He clarified the applicant will submit a Lighting Plan which will identify the light
sources on the existing buildings, and all lights on the site are located a great distance from the
adjacent roads, therefore, they should not be a distraction to motorists.
In response to Chair Garcia, Mr. Gathman confirmed the lights on the site will be reviewed by
staff within the Lighting Plan, and there is also an Operation Standard within a USR permit
which pertains to lighting on the site, therefore, the language within that standard could be
consulted for any issues which may arise. Commissioner Rademacher indicated he still desires
to strike the language within Development Standard #8 which pertains to welding activities. In
response to Commissioner Conway, Mr. Gathman clarified the discussion regarding lights on
the site took place during the violation hearing held in 2008. Commissioner Rademacher
indicated most welding activities take place during daylight hours, therefore, the light emitted
should not be a nuisance. Mr. Gathman concurred and indicated he agreed with the deletion of
the first sentence of Development Standard #8. The Board concurred with the modification of
Development Standard #8, to delete the first sentence. Commissioner Kirkmeyer clarified the
language within the standard now only speaks to lights which could create a traffic hazard,
which is more appropriate.
Commissioner Kirkmeyer requested that the last word of Condition of Approval #1.1 be modified
from "withdrawn" to "vacated", and Mr. Gathman concurred, since the former permit for the fuel
plant will need to be formally vacated. The Board concurred with the modification of Condition
of Approval #1.1, as described.
In response to Chair Garcia, Mr. Burke indicated the applicant has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as modified; however, he expressed
concern that it may not be possible to create cut sheets for many of the lights located at the
facility, due to their old age. Responding to Chair Garcia, Mr. Gathman confirmed staff will be
flexible with the applicant regarding the existing lights at the facility, especially since the
applicant is not intending to install any new lights at the facility. Mr. Burke indicated his concern
has been adequately addressed.
Commissioner Kirkmeyer stated she would like to address the concerns presented by
Ms. Simpson, and she indicated Ms. Simpson questioned how a private airport supports the
Weld County Comprehensive Plan. She clarified the question should be how does the
Comprehensive Plan support orderly development within Weld County, and the Comprehensive
Plan relates back to the Zoning and Subdivision Codes. She confirmed the duty of the Board is
to review the necessary codes to recognize the goals within the Comprehensive Plan to ensure
proposed land uses relate to the goals. She clarified the section reference previously stated by
Ms. Simpson relates to the continuation of agricultural land uses and operations, and the
testimony provided at today's hearing indicates that the applicant will not discontinue any
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agricultural operations on the property, nor will the uses associated with the private airport
negatively impact the surrounding agricultural properties. She further clarified a surrounding
property owner provided testimony that the applicant is a good steward of his land in respect to
agricultural operations, therefore, the airport use is not in direct conflict, nor is it incompatible
with the goals within the Comprehensive Plan. Commissioner Kirkmeyer indicated the other
section reference cited by Ms. Simpson is in regards to the continued commitment to viable
agriculture through mitigated protection of established agricultural uses. She stated the duty of
the Board to ensure mitigation of any negative impacts, and to protect established agricultural
uses. She confirmed the 21 Conditions of Approval and 28 Development Standards contained
within the Resolution ensure the proper protection of the established agricultural land uses.
Commissioner Rademacher expressed his appreciation for the testimony provided by both
parties, and confirmed the Board considers all testimony provided in a serious manner. He
indicated he supports the proposed use, and he wishes the option for utilizing aircraft was an
option for his personal farming operations. He confirmed there is a large amount of open space
west of the applicant's property, and the area is sparsely populated.
Commissioner Conway indicated he concurs with Commissioners Kirkmeyer and Rademacher,
and Mr. Land made it very clear that his future plans are solely to collect additional planes, and
not to expand the operations of the private airport. He indicated he also supports the proposed
use.
Chair Garcia indicated he concurs with the findings provided by Commissioner Kirkmeyer, and
he believes this use is compatible. He confirmed the facility is very well kept, and is a nice
improvement to the community.
Commissioner Kirkmeyer moved to approve the request of Land Airport, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1705 for an Extension or Expansion of a
Non -Confirming Use (private airstrip/airport) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. Her motion included the
modification of Condition of Approval #1.1 to state, "SUP -440 (Commercial Fuel Alcohol Plant -
approved in December 1980) is located within the boundaries of this proposed USR. The
applicant has indicated this operation is no longer operated on the site. The applicant/owner
shall submit a letter formally requesting that SUP -440 be vacated."; and the modification of
Development Standard #8 to state, "Neither direct nor reflected light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets, and no colored
lights may be used which may be confused with, or construed as, traffic control devices." The
motion was seconded by Commissioner Conway, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:50 a.m.
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This Certification was approved on the 23rd day of November, 2009.
ATTEST:
Weld County Clerk to the Bo T�
BY: 4t It .+ Q '2 !
De. y Cler ' to the Board
OARD OF COUNTY COMMISSIONERS
ELD‘COUN OLORADO
(f liam F. arcia, Chair
Dougla• Rademach: , Pro -Tern
EXCUSED DATE OF APPROVAL
Sean P. Conway
arbara Kirkmeyer
FXCUSFD
David E. Long
2009-2986
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1705 - LAND AIRPORT, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 11/03/2009, and
Planning Commission 10/06/2009)
D. Planning Staff E-mail re: Continuance Request, dated 09/29/2009
E. Planning Staff E-mail re: Referral from FAA, dated 11/10/2009
F. Planning Staff Certification and photo of sign posting
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