The URL can be used to link to this page

Browse Search

Home My WebLink About20020507.tiff HEARING CERTIFICATION DOCKET NO. 2002-13 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1364 FOR AN AIRSTRIP (HELICOPTER LANDING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - GINA RHOADS A public hearing was conducted on February 27, 2002, at 10:00 a.m., with the following present: Commissioner Glenn Vaad, Chair Commissioner David D. Long, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Robert D. Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Lauren Light Health Department representative, Pam Smith Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 8, 2002, and duly published February 13, 2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Gina Rhoads for a Site Specific Development Plan and Use by Special Review Permit#1364 for an Airstrip (helicopter landing facility) in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a matter of record. Lauren Light, 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. Ms. Light stated the applicant's husband operates Falcon Helicopters, which provides aerial support for various utility companies, law enforcement agencies, and newspapers. She stated the helicopter has been kept at the Longmont Airport; however, due to weather issues and the time delay in traveling to the airport, the applicant would like to keep the helicopter on their property to provide better service. She stated the property is 15 acres in size, and she gave a brief description of the location of the site and surrounding uses. Ms. Light stated a letter of support has been received from the property owner directly north of the landing pad, and a letter of opposition has been received from the property owner to the south. Ms. Light stated the Federal Aviation Administration (FAA) has indicated the County can apply stricter regulations than the FAA because the FAA determines whether it is a private or public use and reviews airspace issues only. Ms. Light read a portion of the Federal Aviation Regulations, marked Exhibit 26,for the record. She stated under the FAA definition of private use, the applicant would be able to operate a flight training facility, and the County would need to specifically address the land use issue. She explained staff received a complaint last summer expressing concern that the applicant was operating a flight training school out of this facility. She stated the applicant provided the FAA with an Airport Master Record indicating the hours of operation is from 8:00 a.m. to 5:00 p.m., seven days a week. She stated no concerns were expressed by referral agencies; however, some comments of concern have been expressed by surrounding property owners 2002-0507 PL1585 HEARING CERTIFICATION - GINA RHOADS (USR #1364) PAGE 2 regarding what happens to the permit if the property is sold, whether a flight training facility would be part of the permit, the number of helicopters on the site, safety issues, noise, and a business in the A(Agricultural)Zone District. She stated some of these concerns have been addressed by the Development Standards to limit the use to private helicopters owned or leased by the applicant, the use is limited to aerial support only, there will not be a flight training school, and the permit will not transfer if the land is sold. She further stated takeoffs and landings are further restricted to the south and east to avoid flights over existing homes. Ms. Light stated three letters of support were received. She stated Condition #2.C requires the applicant to finalize or withdraw the building permit for the three decks on the residence. The Building Compliance Office has indicated the permit cannot be withdrawn and that a Violation would be started if the decks are not completed. Ms. Light stated 13 referral agencies reviewed this case, five responded with no conflicts, five included comments which have been addressed by Conditions of Approval and Development Standards, and three did not respond. Responding to Chair Vaad, Ms. Light submitted a Memorandum from Trudy Halsey, Building Compliance Office, marked Exhibit F. She stated Condition #2.C as it exists states the applicant cannot operate until the decks are completed. Ms. Halsey stated there is a three-story drop if anyone uses the exits without realizing the decks are missing. She stated the applicants have indicated the exits are blocks from the inside; however, the permit was started in 1993 and she would like to have this matter completed to prevent any injuries in the case of an emergency exit. Don Carroll, Department of Public Works, stated Dream Acres is a platted Subdivision, and there is also some platted right-of-way that borders this property on the north and east. Mr. Carroll stated there may be some development in the future at this location. Tim Rhoads, husband of the applicant, stated he built this home while operating a business and it took longer than he anticipated. He stated the third story deck has been completed to access the area in the back and only requires hand rails at this time. He further stated he intends to complete the second-floor deck once the concrete patio is poured later this Spring. He stated he provides utility support for Tri-State Electric and Xcel Energy, and also works with the Denver Policy Department. He stated he does conduct a flight school at the Longmont Airport; however, there was one occasion when Denver police officers were training to be flight operators and had a conflict with traveling to Longmont and returning to duty on time, so he used this site to accommodate them. He stated he would like to focus on providing support to the utility companies and he understands no flight training will be allowed on the property under this permit. Responding to Commissioner Geile, Mr. Rhoads stated they originally posted hours of 8:00 a.m. to 5:00 p.m. with the FAA; however, due to the nature of his service he intends to revise that item with the FAA to allow for a more flexible on-call service for utility companies and law enforcement agencies. Responding to Commissioner Geile, Ms. Light stated due to the type of operation the hours of operation were not limited; however, Condition of Approval #2.B does require the applicant to provide amended Airport Master Records,which lists the hours of operation, to the Department of Planning Services. She further stated the permit does not limit the applicant to servicing any particular service agency or utility company. Mr. Rhoads stated the contracts with companies and public service agencies vary annually. 2002-0507 PL1585 HEARING CERTIFICATION - GINA RHOADS (USR #1364) PAGE 3 In response to Chair Vaad, Mr. Rhoads stated the second-story deck is the only outstanding item left to complete his house. He stated he would like to complete that this Spring, so he requested Condition #2.C be amended to extend his time to complete the project. Ms. Halsey stated the applicant has an open building permit, which can be extended; however, she requested a definite deadline and she feels a three-month extension is reasonable. Responding to Chair Vaad, Mr. Rhoads stated he will be in Texas from March 18, 2002, until the end of April. He stated a six- month extension would be more reasonable, and added the house is his personal residence and no one else uses the site. Responding to Commissioner Geile, Mr. Rhoads stated he could have the deck completed by July 1, 2002. Chair Vaad recommended Condition #3.C be amended to state, "Building Permit BC-010096 for three decks shall be finalized by July 1, 2002." Mr. Morrison stated currently that language would prohibit operation of the flights until the decks are completed and the plat is recorded. Ms. Light suggested Condition #2.C be deleted and that language be moved to a new Condition of Approval #4. No public testimony was offered concerning this matter. In response to Commissioner Jerke, Mr. Rhoads reviewed the locations of the surrounding homes and stated his take-off and landing patterns do not fly over any homes. He stated the homes surrounding the Longmont Airport are below a major flight pattern in the area, and although there have been complaints in the past, he tries to accommodate people as much as possible. He further stated he has not had violations with the FAA during his 18 years of operation. He stated their work is on-call so their flights are not consistent and they do use the approved flight patterns established by the Longmont Airport. Responding to Chair Vaad, Mr. Rhoads stated he has reviewed and agrees with the Conditions of Approval and Development Standards as proposed and modified. Commissioner Geile moved to approve the request of Gina Rhoads fora Site Specific Development Plan and Use by Special Review Permit#1364 for an Airstrip (helicopter landing facility) in the A (Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion also included deleting Condition#2.C and adding a new Condition of Approval #4 to state, "Building Permit BC-010096 for three decks shall be finalized by July 1, 2002." The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 11:00 a.m. 2002-0507 PL1585 HEARING CERTIFICATION - GINA RHOADS (USR #1364) PAGE 4 This Certification was approved on the 4th day of March 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS WE COUNTY, Facto ATTEST: geli '/�y��, � DOS-CI M 186 € `s -% G Vaad, Chair Weld County Clerk tou e ".; :a - -tZ9 OW/ � a Da vidE. ng, Pro`-TTe Deputy Clerk to the Boat er //./` M. J. Geile TAPE #2002-09 William H. Jerke DOCKET#2002-13 EXCUSED DATE OF APPROVAL Robert D. Masden 2002-0507 PL1585 EXHIBIT INVENTORY CONTROL SHEET Case USR#1363 - GINA RHOADS Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 01/15/2002) D. Clerk to the Board Notice of Hearing E. Planning Staff Photo of sign posted on site F. Building Inspection Memorandum re: Outstanding Building Permit items (02/14/2002) G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. E 42 Cn C = •L 3 c J+Z Tic IT E-0 i N p .: LT m al t 3 �' „ o ° . �a 2 RV (D� u Q (i) r •) (, ; © c...) a v V v ,Q 4"Ce V N a C G \ 'O W o \nom N > a y W Ce N O `J ` 1+. v > y ai J z gx a) J 4 co 45 co z a v 'i N ~ )- 0 —, - �, Q O o 2 (.: _� a ,) c 3 , .� y ry u) a) , - a, (I .`r\. t-.r----' (• ..� IJ O ` �o . H a c o z 0 L., �-, `y° >. _ = c Y 0 a' Li- 'C W Q O. ---..z...- -I (14 O W 'Z- 0 p I. �� c, ,1 U) a a: ,� ! :!--) ` --3 .— � - Q C G f CD YY N W -j1., 4 Q 1 G G a , Z -� z L Hello