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Home My WebLink About20062532 HEARING CERTIFICATION DOCKET NO. 2006-60 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1559 FOR AN AIRSTRIP (NON-COMMERCIAL AND PRIVATE) IN THE A(AGRICULTURAL) ZONE DISTRICT-ELEANOR B.FRANSEN TRUST,C/O WILLIAM AND LINDASNYDER A public hearing was conducted on October 4, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tern - EXCUSED Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated September 15, 2006, and duly published September 20, 2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Eleanor B. Fransen Trust,do William and Linda Snyder,fora Site Specific Development Plan and Use by Special Review Permit#1559 for an Airstrip(non-commercial and private)in the A(Agricultural)Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record,and advised Bill Snyder,applicant,that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, it 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. Snyder indicated he would like to proceed today. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written,and gave a brief description of the location of the site and surrounding land uses. He stated the site is presently vacant,with the exception of an existing oil and gas tank battery,separator,and wellhead;however, staff has received no correspondence from the mineral operator. He further stated the applicant is proposing one primary airstrip runway,adjacent to the southern property line,as well as two auxiliary runways. Mr.Ogle stated thirteen referral agencies reviewed the proposal,and ten responded with comments that have been addressed in the Conditions of Approval and Development Standards. He stated staff received various inquiries and correspondence from surrounding property owners regarding noise, safety, disruptiveness, and decreased property values. He further stated Development Standards#7 and#15 are not applicable to this case and can be deleted. In response to Chair Geile, Mr. Ogle stated the site is an 80-acre vacant parcel,and the airstrips are proposed for private use only. He explained the applicants own two private planes,the proposed use would transfer if the property is sold, and there will be no business related to the use. He stated the applicants are proposing three runways, at the suggestion of staff, to avoid future amendment 2006-2532 /2,,i/J, L' � PL1854 (; /'G /P- dO--eP• HEARING CERTIFICATION-ELEANOR B.FRANSEN TRUST,C/O WILLIAM AND LINDA SNYDER (USR#1559) PAGE 2 applications, and the primary runway will be paved and the others will be grass. Responding to Commissioners Vaad and Masden, Mr. Ogle reiterated the use will remain with the property, and although the applicants originally proposed additional residential lots, they later amended the application to reflect only one residence where they will reside. Char Davis, Department of Public Health and Environment, stated this request is for private use, therefore, staff is allowing the use of the septic system for the house and a domestic well. She stated the applicants have provided a Waste Handling Plan,which has been reviewed and approved by staff. Donald Carroll, Department of Public Works, stated the residence will be accessed from Weld County Road 77,which is a local gravel road,and there will be no direct access to the airstrips from the road. In response to Commissioner Masden, Ms. Davis stated the site will be required to comply with commercial use noise standards, as established by the Colorado State statutes. Ms. Giauque clarified the State statues do not regulate aircraft noise; it is subject to Federal regulations. Mr. Snyder stated he and his wife, Linda, earned their pilot's licenses in 1968, and he displayed a summary of their flying qualifications. He stated they currently rent hangar space at the Greeley-Weld County Airport,and they would like the opportunity to house their aircraft on their own property. He further stated they chose the subject site due to the location, level terrain, and affordable price. Mr.Snyder stated although the diagonal runway provides the best distance,they have opted to use the east-west runway to avoid impacts on the neighbors, and the north-south runway will provide an additional landing option when there is a strong crosswind. He stated they do not intend to construct the diagonal runway until the neighbors are familiar with their flight patterns and are agreeable to the project. He stated, prior to making an offer on the property,they contacted all of the surrounding property owners to inform them of their plan for the site,and six out of seven neighbors indicated no concern. One neighbor did express concern with airplane noise scaring their horses,disruptiveness to their way of life,and personal safety. Mr.Snyder displayed photos of residences which are situated near other small airparks, marked Exhibit L, and stated those residents indicated the aircraft did not create conflicts with their lifestyle or horses. Mr.Snyder reviewed a noise study, which was done in conjunction with Phil Brewer from the Weld County Department of Public Health and Environment,for the record. He stated they have flown over the site twice;however,when offered,most of the neighbors indicated a flyby to demonstrate the noise associated with the use was not necessary and that they were not concerned with the proposal. He stated he cannot guarantee that there will never be an accident; however, they are safety conscious pilots, and they appreciate the rural lifestyle. In response to Chair Geile, Mr. Snyder explained the three runways provide various landing options in the event of strong crosswinds. Responding to Commissioner Masden, Mr.Snyder stated the east-west runway is 225 feet from the property line,and he noted they will have the option of landing from either direction. In response to Chair Geile, Mr.Snyder indicated the location of the residence to the north and the oil and gas well, and stated they plan to build a new home on the site. He stated they do have the option of splitting off a parcel through the Recorded Exemption process;however,the new lot would not have access to the airstrips. Responding further to Chair Geile,Mr.Snyder stated they have reviewed and concur with the Conditions of Approval and Development Standards as proposed and modified. 2006-2532 PL1854 HEARING CERTIFICATION-ELEANOR B.FRANSEN TRUST,C/O WILLIAM AND LINDA SNYDER (USR#1559) PAGE 3 Carol Wilson,surrounding property owner,displayed an oversized photograph of her property and two vicinity maps of the area, marked Exhibit I,collectively. She indicated one of her buildings will be only 218 feet from the east-west airstrip, and her home to the south will be 300 feet from the runway. Ms.Wilson submitted an additional photograph of her home and an aerial photograph of the site,marked Exhibit J,and stated she was approached by the applicants who indicated the site may also be used by their sons, and that they would not proceed with the proposal if they did not receive approval from of all residents within 500 feet. Ms.Wilson stated she later discovered the airstrip is proposed to be located south of the wellhead and the Klausner Trust residence,within 300 feet of her. She stated three runways equate to six points of intrusion over surrounding properties that will be impacted. She stated the use of a property should not be detrimental to the existing surrounding uses, and indicated the location of homes that are represented on her petition expressing opposition to the proposal. Rick Wilson, surrounding property owner, stated they have spent the past five years and approximately $500,000.00 developing their property. He stated they were forced out of their previous home due to the Denver International Airport,therefore,when he was approached by the applicants he indicated his main reason for opposition was noise disturbance. Mr. Wilson stated he considered the idea fora few days and later informed the applicant that he could not support the request. He stated they have lived on their property for 18 months,and depending on whether the use is approved, he may have to start over because he will not live with the interruptions mandated by incoming neighbors. Lori Klausner,surrounding property owner,stated the east-west runway will be 330 feet north of her home,and she questioned how far the applicant's home will be from the runways. She stated the airplanes will require the airspace of surrounding properties, and result in six points of encroachment on all four sides of the subject property. Ms. Klausner stated three runways do not belong in the area,and the other private airstrips that were referred to by the applicant had only one runway, with the homes located further away. Charles Klausner, surrounding property owner, submitted a map drawing, marked Exhibit K, and stated he was born and raised in the area. He stated the area is commonly known as South Roggen, and there are 38 homes,one church,one community building,a cemetery, several plots purchased with future homes anticipated,various Recorded Exemption lots,and three orphanage homes with ten to fifteen kids per home,all within 1.5 miles of the site. Mr.Klausner stated the area is growing, and he is concerned with the safety impacts and decreased property values if the use is allowed. He stated Planning Commission Exhibit 6-G contains 60 signatures on a petition opposed to the use,and he questioned whether the property rights of a new resident or the rights of existing residents are more important. He stated the proposal would be more appropriately located a few miles south of State Highway 52. John Cordes, Manager of Cordes Farms,stated they own the southern half of Section 29,which is all farmland,with the exception of his home and the Klausner residence. He stated although private airstrips are allowed in Weld County,his primary concern with the subject proposal is the two extra runways. Mr. Cordes stated his family plans to sell the farm in the future, and he feels an airstrip will decrease the property values of future residential uses. He stated the diagonal runway will be situated too close to homes, and the north-south runway is too short. If approved, he requested a 2006-2532 PL1854 HEARING CERTIFICATION-ELEANOR B.FRANSEN TRUST,C/O WILLIAM AND LINDA SNYDER (USR#1559) PAGE 4 redesign of the site to shift the runway north,since the airstrip is fora hobby use only,not an income source. Responding to Commissioner Masden, Mr. Cordes stated although they would have to make setback accommodations for the oil and gas well, an additional 200 to 300 feet would make a significant difference in noise levels for the residents to the south. Linda Snyder,co-applicant,stated when theyfirstapproached the neighbors they were planning on one runway; however, after working with staff they modified the request to include two additional runways. She stated they are willing to withdraw the diagonal runway; however,they would like to maintain the north-south runway to allow for an alternate landing route in the event of strong crosswinds. She stated they are also willing to move the primary runway further to the north,while maintaining appropriate setback distances from the oil and gas well. She clarified their Federal Aviation Administration (FAA)application indicated the runway is 43/100 nautical miles from the church. Ms. Snyder stated they initially thought they had to have 100 percent approval of the surrounding property owners within 500 feet before they could apply;however, Planning Services staff explained they could proceed with an application,and just had to notify the neighbors within 500 feet. She further stated they originally planned to request additional lots;however,that request was withdrawn, and any future Recorded Exemption lots will not have access to the airstrips. Ms.Snyder stated some of the homes indicated in Exhibit I,are over a mile from the site and will not be impacted by the request. She displayed Aviation Accident Statistics,and stated although safety is a major concern,statistics indicate the number of flight accidents is significantly less than most other activities. Ms. Snyder stated they feel bad about the turmoil that their proposal has caused in the neighborhood; that was not their intent. Commissioner Jerke stated this appears to be an incompatible type of use with the surrounding uses. He stated this is a private use that does not create any benefit for the neighborhood,and the applicants have adequate options for use of their planes,therefore,he does not support the request. Commissioner Masden stated he feels the use will diminish property values and create adverse impacts for the surrounding property owners. He stated he appreciates the passion of the applicants and their history of flight experience; however, their hobby may be better suited at an airpark where the development is centered around flying. Chair Geile stated he does not feel the proposal is compatible with the area. He stated this type of use is allowed in Weld County; however,the intent was not to create a situation where the welfare of existing residents would be infringed upon. He stated the Exhibits show a trend toward urbanization in the area, and he does not feel this is an appropriate location for the use. Based on the preceding comments,Comm issioner Jerke moved to deny the request of Eleanor B. Fransen Trust, c/o William and Linda Snyder, for a Site Specific Development Plan and Use by Special Review Permit#1559 for an Airstrip (non-commercial and private) in the A(Agricultural) Zone District. The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 1:00 p.m. 2006-2532 PL1854 HEARING CERTIFICATION-ELEANOR B.FRANSEN TRUST,C/O WILLIAM AND LINDA SNYDER (USR#1559) PAGE 5 This Certification was approved on the 9th day of October 2006. APPROVED: ti ;j ARD OF C UNTY COMMISSIONERS _�D � ,*,,,./b` ... LD COU Y, COLORADO ATTEST: `' / ' `k �,)4:2e► ' : ',,,„st J. eile, Chair Weld County Clerk to the Bo Ti F7 -Fla EXCUSED a David E. Long, Pro-Tern BY: ,it ti l 1-1,OEtc. Depyt Clerk o the Board Al -Z1,-, W' is H. Jerke (- TAPE #2006-35 4 Robert D. Masd n 0 DOCKET#2006-60 AlAiikti 0 6 k Glenn Vaad .—� 2006-2532 PL1854 EXHIBIT INVENTORY CONTROL SHEET Case USR#1559 - ELEANOR B. FRANSEN TRUST, C/O WILLIAM AND LINDA SNYDER Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 07/18/2006) D. Clerk to the Board Notice of Hearing E. Planning staff Memo re: Waiver of 45-day deadline, dated 08/23/2006 F. Kerr-McGee Oil and Gas OnShore, LP Letter re: Surface Use Agreement, dated 09/29/2006 G. John Cordes E-mail of Concern, dated 10/04/2006 H. Planning Staff Certification and Photo of sign posting Rick and Carol Wilson 3 Oversized Sheets showing site and surrounding properties J. Rick and Carol Wilson Photograph of home and Aerial Photo of proposed site and surrounding properties K. 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