HomeMy WebLinkAbout20020329.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution be introduced along with deletion of Development
Standard #4 and amended #15, for passage by the Weld County Planning Commission. Be it resolved
by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1364
PLANNER: Lauren Light
APPLICANT: Gina Rhoads
ADDRESS: 5264 Weld County Road 16 3/4
Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit
for an Airstrip (Helicopter Landing Facility) in the A (Agricultural)
Zone District
LEGAL DESCRIPTION: Block 26, Dream Acres, Pt. of the NW4 of Section 25, Township
2 North, Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 11, south of and
adjacent to Weld County Road 16 3/4
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 ordinances in effect. A.Goal 1 states, "Preserve prime
farmland for agricultural purposes which foster the economic health and continuance of
agriculture." The parcel is located in an area designated by the USDA Prime Farmlands
Map as"Other" and the property is 15 acres in size which is not conducive to farming, so
prime farmground will not be taken out of production.
UGB.Policy.2 states, "Land use development proposals within an urban growth boundary
area will be determined according to the procedure set forth in an intergovernmental
agreement between the County and the municipality." The parcel is located in the Inter
Governmental Agreement boundary(IGA)for the Town of Frederick and the applicant was
referred to the Town of Frederick prior to submittal of this application in accordance with the
requirements of the IGA between Weld County and the Town of Frederick.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.F of the Weld County Code provides for Airstrips and Airports
as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. There are several homes located north of Weld County Road 16
3/4 and a home is located on the parcel directly south of the applicants property. The
Department of Planning Services has received a letter of objection from the adjacent
property owner to the south who is concerned about safety issues, future expansion, use
as a training facility and noise issues. Staff has tried to address those concerns through
Development Standards. A letter in support was received from the owner of Block 21 of
Dream Acres.
Staff was initially concerned about the location of a helicopter landing facility in close
proximity to existing homes due to noise and safety issues. However, the Frederick
Firestone Fire Protection District has no concerns and the FAA indicated the applicant has
an approved airspace analysis. The Weld County Department of Health and Environmental Z r
Services has indicated the facility shall adhere to the maximum permissible noise levels r
W
I 2002-0329
Resolution USR-1364
Ghina Rhoads
Page 2
allowed in the Commercial Zone District but the routine operation of the helicopter is
exempt from regulation per State Statue.
The Meadowlark Business Park is located to the east which limits the possibility that
residential construction would occur in that area in the future. There is an airstrip located
approximately 1/4 mile to the south of the applicants parcel.
The property is bordered on two sides by the Town of Frederick which also did not have a
concern with this proposal unless FAA requirements restricted further development in the
area. The applicant has indicated that approaches to the helipad will be from the south or
east which is not above any of the neighboring houses.
Based on the comments from the various referral agencies as well as the indication that
approaches will not occur over adjacent homes, staff has determined the use will be
compatible with the existing surrounding land uses.
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 property is located in the IGA for the Town of Frederick. The Town of
Frederick indicated in their initial notice of inquiry, dated June 8, 2001, they would object
if the FAA requirements would limit development in the area. There is no indication from
the FAA referral that development in the area would be restricted by this proposal. A follow
up referral from the Town of Frederick received November 19, 2001 indicated no conflict
with their interests. The parcel does lie within the three mile referral area for the City of
Dacono who indicated no conflicts with their interests in a referral received November 20,
2001.
e. Section 23-2-220.A.5 -- The site does lie within the Geologic Overlay District. All
construction or improvements occurring in a geological hazard area as delineated by the
Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23,
Article V, Division 2 of the Weld County Code.
f. 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 property is not
indicated as containing prime soils.
g. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County. The
applicant will be required to maintain compliance with the Federal Aviation Administration's
(FAA) regulations and safety zones.
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 Commissions' recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
Resolution USR-1364
Ghina Rhoads
Page 3
,rte
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which refers to
requirements for the special review permit plan map.
2) The dimensions of the existing helipad shall be indicated as well as the
dimensions of the future concrete pad.
3) A total of 30 feet from the centerline of Weld County Road 16 3/4 shall be
delineated right-of-way on the plat.
B. The applicant shall submit to the Department of Planning Services any forms required by
the FAA for operation of the helipad including, but not limited to, Form 5010-5, Airport
Master Record. (Department of Planning Services)
C. Building permit BC-010096 for three decks shall be finalized or withdrawn. (Weld County
Building Compliance)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GINA RHOADS
USR-1364
1. The Site Specific Development Plan and Special Use Permit is for an Airstrip (Helicopter Landing
Facility) in the A (Agricultural) Zone District, as indicated in the application materials on file and
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 shall only be utilized by a private helicopter owned or leased by the operator of the
airstrip. (Department of Planning Services)
4. The Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
5. Approaches and departures shall be from the south or east except in weather related emergencies.
(Department of Planning Services)
6. The airstrip shall be limited in use to aerial support services as described in the application
materials. Aerial support does not include any type of flying lessons/training.(Department of
Planning Services)
7. All construction or improvements occurring in a geological hazard area as delineated by the
Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23,Article
V, Division 2 of the Weld County Code. (Department of Planning Services)
8. The site shall maintain compliance at all times with the Federal Aviation Administration regulations.
(Department of Planning Services)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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)
11. 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,30-20-100.5,C.R.S.as amended.(Department of Public Health and Environment)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
13. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S., as amended (this standard is not meant to apply to the
routine operation of the helicopter as the noise from the operation of the aircraft is exempt from
regulation per 25-12-103(4)C.R.S., as amended)(Department of Public Health and Environment)
15. With the exception to an emergency situation, no maintenance that generates hazardous waste of
the aircraft shall be performed unless a waste management plan has been submitted and approved
by the Department of Public Health and Environment. (Department of Public Health and
Environment)
16. Adequate toilet facilities shall be provided for the public. (Department of Planning Services)
Resolution USR-1364
Ghina Rhoads
Page 2
n
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
19. Personnel from the Weld County Departments of Public Health and Environment,Public Works and
Planning Services 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 Development Standards stated
herein and all applicable Weld County regulations.
20. The 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.
21. 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.
Motion seconded by Stephan Mokray.
VOTE:
n
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Stephan Mokray
John Folsom
Bruce Fitzgerald
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,Voneen Macklin, 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 January 15, 2002.
Dated the 151h of January, 2002.
Voneen Macklin
/„ Secretary
responded that there was.
Ken Merritt, Landmark Engineering, provided clarification with regard to the school district referral. There is
an agreement in place and those fees have been paid. The applicant has also reserved 20 feet of right-of-way
for Weld County Road 1 as well as a 45 foot easement for the relocation of the McIntyre Ditch. The applicant
has spoken with Weld County Health Department for the platting of the envelopes for the septic fields. The
location will be agreed to and delineated on the plat prior to the Board of County Commissioners hearing.
Cristie Nicklas asked Mr. Ogle about the height limits of the homes. Mr. Ogle stated that the requirement for
the Estate Zoning is not as restrictive as a R-1 zone district. Mr. Merritt stated that they could amend the
covenants to include the language with regard to height established in the Estate Zone District.
Cathy Clamp asked about the Right to Farm Statement and it being shown on the plat. The concern is that
homeowners do not read the plats. Ms. Clamp asked if is was possible to put the Right to Farm Statement
in the covenants or make reference to it on the plat. Mr. Merritt stated that it can be placed in the covenants.
Mr. Miller asked Mr. Morrison, Assistant County Attorney, if Planning Commission can require things placed
in covenants. Mr. Morrison stated that the Right to Farm Statement is something that can be required to be
placed in the covenants.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Morrison stated that there are regulations that require the covenants be submitted for review. The County
is not reviewing the covenants on behalf of the private parties,they are reviewing it to see if there is something
that creates and issue with respect to the counties interest. The motion should include the language for
submitting prior to recording as well as the Right to Farm Statement.
Cathy Clamp moved to add Condition of Approval#1 H to Prior to Recording The Minor Subdivision Final Plat:
to state "The Declaration of Covenants Conditions and Restrictions shall include the Right to Farm Statement.
These covenants shall be submitted to the Weld County Attorneys. Office for approval." Cristie Nicklas
seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Cristie Nicklas moved that Case S-611, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes; Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: USR-1364
PLANNER: Lauren Light
APPLICANT: Gina Rhoads
ADDRESS: 5264 Weld County Road 16 3/4
Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for
an Airstrip(Helicopter Landing Facility)in the A(Agricultural)Zone
District
LEGAL DESCRIPTION: Block 26, Dream Acres, Pt. of the NW4 of Section 25, Township
2 North, Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 11, south of and
adjacent to Weld County Road 16 3/4
Lauren Light, Department of Planning Services presented Case USR-1364, reading the recommendation AA-
and comments into the record. The Department of Planning Services is recommending approval of the[11-""ead
application along with the Conditions of Approval and Development Standards.John Folsom asked Mr. Morrison about the IGA and the need to petition the Town of Frederick for
annexation. Ms. Light stated that the referral came back from the Town of Frederick with no conflicts with
the request. Mr.Morrison stated that it can be left to interpretation with regard to it being urban or non urban.
Gina Rhoads, provided clarification with regards to their business being a public service. Helicopters do
incite strong emotions. The utility companies have used their services for location of downed power lines.
They have also trained pilots for the Flight for Life Medical Service. The applicant is not requesting a flight
training facility, there is one at Longmont Airport. This application is for land use only. The use will be to
land at the home residence and use for emergency purposes from the residence. Emergencies can be
twenty four hours a day and 365 days a year. The helicopter is used for power outages and emergency
situations. Falcon Helicopters is negotiating a contract with Excel to provide service for emergency
response. The applicant stated that the Excel contract would be better suited if the helicopter was located
on site and had easier access. There are also law enforcement agencies that use this service for
emergency situations. Tim Rhoads,Owner Falcon Helicopter,they have been in business for several years
and have provided support for several Utility Agencies and Law Enforcement Agencies, including Weld
County. They have also provided helicopter flight lessons. Mr.Rhoads stated that there is no disagreement
with the approaching and departure,that has already been discussed with the FAA and agreed upon. There
has never been FAA complaints. Mr. Rhoads has a few issues with some of the Development Standards.
Development Standard#3 stating that the strip can only be utilized by owner or can they authorize someone
to use the pad. Development Standard #4 stated that there may be a need for more helicopters for search
and rescue possibilities. There is a larger helicopter used for mountain rescues. Falcon Helicopter has
been called out at all different times and having the helicopter easily accessible would make a beneficial
difference. There has been several instances in which power outages have been discovered and pipe lines
have been repaired. There has been a need with various law enforcement agencies for quick response.
Development Standard #7 stating that flying lessons and training, there is not intent for this. They are not
operating anything that is open to the public or opening a school or a commercial business. Development
Standard #15, would like some clarification with regard to routine maintenance. Routine maintenance
consist of washing,changing filters,cleaning mud. There will be no major maintenance consisting of engine
overhaul. Development Standard #19, the applicant would like the language to reflect that Weld County
would request to be on the property.
Michael Miller provided some clarification with regard to Development Standard #7 and the fact that the
County does have a say as to how property is used and if it will have an impact on the surrounding
neighbors. With regard to Development Standard#19 this is a standard condition that allows the county to
ensure that the property is being used in the way applied for. Mr. Miller asked about the hours of operation
and it being 8:00am to 5:00pm in the Master Records. Mr. Rhoads stated that those hours were based on
the existing work with the utility companies and not the law enforcement needs. The business contracts
consisted mainly of Public Utility contracts. Those contracts required work done in daylight hours only.
John Folsom asked about the conditions for making a safe landing. Mr. Rhoads stated that there is a
landing light on the helicopter but it will be more useful having heliport landing lights. Pilots for helicopters
are not trained or equipped to make instrument landings. If a pilot takes off and runs into poor weather
conditions,the aircraft is set down. Once conditions improve the flight can continue. Mr. Folsom indicated
that there is a certain amount of development to the southeast that is underway. Mr. Rhoads indicated that
the airspace issue is a constant and the area to the south will not be affected due to the fact that helicopters
are not restricted like airplanes are. The airspace issues are dealt with at all times and the FAA has
regulations for that.
Bryant Gimlin asked about the refueling facility. Mr. Rhoads indicated that there is a fuel truck that is used
when in the field. Mr. Gimlin asked if the helicopter will be stored inside a building or hanger. Mr. Rhoads
indicated that the building on site is being used for the farm and personal use and the helicopter will be left
in the open.
Cathy Clamp asked about the noise effect from the jet engines. Mr. Rhoads stated that the engine on the
larger helicopter sounds like a normal airplane. The smaller helicopter engine is a piston engine and is the
size of a car engine. Ms. Clamp had concerns of the landing pad becoming a staging area for law
enforcement. Mr. Rhoads stated that this has only occurred a few times. Ms. Clamp indicated that this is
a concern for the neighbors regarding several helicopters at the pad and flying over animals. The FAA has
laws regulating the harassment of animals and the animals that are in this area are used to this because
it is a corridor for several different types of aircraft.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Lauren Light stated that Development Standard #3 is specifically out of the Weld County Code under the
definition of airstrip. Development Standard #7 with regards to the flying/training was not included in the
referrals that were sent out. Ms. Light indicated that there could be some building code issues with the
location of the fuel truck. Mr. Gimlin indicated that the truck is the size of a typical truck not a large fuel truck.
Mr. Rhoads clarified that it is a 3/4 ton truck with a one hundred gallon tank on the back.
Char Davis stated that Development Standard#15 is meant to deal with the possibility of generating waste.
e.... changing oil, change fluids Mr. Rhoads indicated that they have no intentions of doing major
maintenance.
Cristie Nicklas asked Mr. Morrison about Development Standard #3 and the possibility of the addition of
authorized user since this definition came directly out of the Weld County Code. Mr. Morrison stated that the
confusion might come with the definition on private use from the County and the FAA. This would not apply
to an emergency situation. The intent was for the owners use and not a broader usage. Mr. Miller wanted
clarification with regard to the emergency uses. If law enforcement was needed it would be allowed, but not
other intensive uses.
Bryant Gimlin stated that since Development Standard#3 is in place there is no need for#4.
Bryant Gimlin moved to delete Development Standard#4. Cristie Nicklas seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Tim Rhoads needed clarification on#7. Mr. Miller provided that there will be no flight school or training. The
applicant would like to see a change in the language, specifically the word routine maintenance to major
maintenance. Routine maintenance will consist of greasing,changing air filters,washing,cleaning. Ms.Davis
stated that the concerns of the Health Department would be the waste. The concern of the applicant is to not
have to fly the helicopter to do routine maintenance, that would not be cost effective.
Cristie Nicklas moved to change the language in Development Standard #15 to read "with the exception to
an emergency condition, no maintenance that generates hazardous waste of the aircraft shall be performed
unless a waste management plan has been submitted and approved by the Department of Public Health and
Environment." Stephan Mokray seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes; Cathy Clamp,yes; Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Cristie Nicklas moved that Case USR-1364, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Stephan Mokray,yes; Michael Miller, yes; Bryant Gimlin,yes; Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried
Mr. Folsom believes that this is incompatible with the surrounding area.
CASE NUMBER: Z-567
APPLICANT: Peter Hyland (Coyote Run PUD)
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot C of RE-2759; being a part of the NW4 of Section 26, T7N,
R67W of the 6th P.M., Weld County, Colorado.
REQUEST: A Change of Zone from A(Agriculture)to E (Estate)for a 5-Lot D.
LOCATION: North of and adjacent to WCR 76.5 and east of and adjacent to
WCR 21.
Kim Ogle, Department of Planning Services presented Case Z-567, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
Hello