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Home My WebLink About20051900.tiff HEARING CERTIFICATION DOCKET NO. 2005-48 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1504 FOR AN AIRSTRIP AND AN AGRICULTURAL SERVICE ESTABLISHMENT(AN AIRSTRIP FOR PRIVATE USE AND A CROP-DUSTING AND SPRAYING OPERATION FACILITY, INCLUDING HANGAR, LANDING STRIP, STORAGE FACILITIES FOR FERTILIZER, INSECTICIDE, AND FUEL, AND ACCESSORY OFFICES) IN THE A (AGRICULTURAL) ZONE DISTRICT- THE BLUFFS, A GENERAL PARTNERSHIP, AND RAY EDMISTON / AERIAL SPRAYERS, INC. A public hearing was conducted on June 29, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tern Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Sheri Lockman Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 10, 2005, and duly published June 15, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of The Bluffs, a General Partnership, c/o Ray Edmiston, owner of Aerial Sprayers, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1504 for an Airstrip and an Agricultural Service Establishment(an airstrip for private use and a crop-dusting and spraying operation facility, including hangar, landing strip, storage facilities for fertilizer, insecticide, and fuel, and accessory offices) in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Sheri Lockman, 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. She gave a brief description of the location of the site and surrounding land uses. Ms. Lockman stated 11 referral agencies reviewed this proposal, nine responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards, and staff received five letters of opposition and two letters of support. Char Davis, Department of Public Health and Environment, stated the applicants are working to obtain a commercial well permit,which is required as a Condition of Approval prior to recording the plat. She stated they are also proposing a septic system for the office/apartment. Donald Carroll, Department of Public Works, stated Weld County Road 26 borders the property to the north and is classified as a local gravel road. He stated the property borders the section line between Sections 4 and 5, which provides adequate access to the property. He further stated 2005-1900 PL1683 HEARING CERTIFICATION-THE BLUFFS,A GENERAL PARTNERSHIP,AND RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. (USR#1504) PAGE 2 there is no traffic count for Weld County Road 26; however, it dead-ends two miles east of the subject site. Responding to Commissioner Geile, Mr. Carroll stated there are a lot of oil and gas accesses crossing the property, and the long narrow spur of the permit boundary is where the airstrip will be located, which must be accessed through the site, since there is no access on the west. Lauren Light, AGPROfessionals, LLC, represented the applicant and stated the property is currently under contract, which is contingent upon approval of this permit. Ms. Light stated Aerial Sprayers has been in business for more than 40 years, they are currently operating from leased space in the Kugel-Strong Airport, and she gave a brief description of that facility. She stated the applicant would like to relocate and own their own land and buildings, as well as provide living quarters in the airplane hangar since the airstrip will be used by family and friends. Ms. Light stated the crop-dusting business is dependant upon the agricultural industry. The applicant chose this rural location in order to comply with Federal Aviation Administration (FAA) requirements, as well as be within close proximity to the properties being served along the U.S. Highway 85 corridor. She stated the buildings and airstrip will be located approximately 2,200 feet south of Weld County Road 26,there will be no noticeable impact on the area due to the limited number of flights and few homes in close proximity, and Aerial Sprayers has been spraying for property owners in the area for the past seven years. Ms. Light stated there will be one identification sign less than 16 square feet in size, and the site will be serviced by a well and septic system. She stated off-site aerial spraying of pesticides and fertilizers on fields is now recognized in the County's Right to Farm. She further stated Mr. Edmiston personally contacted the opponents and attempted to address their concerns regarding the disturbance of Bald Eagles. She stated the Colorado Division of Wildlife indicated no concern and noted eagles also reside near the Greeley Airport without conflict. Ms. Light stated the site will require an augmentation plan; however, John Scott, a water engineer with Anderson Consulting, indicated the applicant can obtain a commercially exempt permit for 15 gallons per minute. They will then apply for a temporary augmentation plan to allow them to operate while completing the formal augmentation plan process. She stated the neighbors also expressed concern with wastewater from the planes; however, Ms. Light explained the planes have an internal-rinse system and the rinse mixture is sprayed on the fields before returning to the site. She further stated the planes have turbine engines, which are much quieter, the proposed facility is in the in the same Fire District where the applicant is currently operating and the District indicated no concerns. Ms. Light stated a professional engineer reviewed the on-site drainage and indicated the site is located within a 14-acre drainage basin and the addition of this operation will not exceed the historical runoff from the site. She stated the applicant also met with the Platteville Irrigating and Milling Company, which indicated no concern, and noted the chemical storage area is 4,500 feet from the ditch. Ms. Light stated Frank Bradford, Colorado Department of Agriculture, attended the Planning Commission and reviewed the regulatory requirements for aerial sprayers, including the Pesticide Applicators Act and the Agricultural Chemicals and Groundwater Protection Act. She stated these regulations address specific storage, training, and record keeping, and protection of groundwater,and the Department of Agriculture inspects Aerial Sprayers, Inc.,approximately three times a year. She stated this will be a small, low-intensity business, limited to six planes,which will be compatible with the area. She further stated the property is a Recorded Exemption lot and the plat recognizes the Right to Farm, crop dusting currently occurs on adjacent farms, the applicant has spoken with a majority of the surrounding property owners, there are no complaints regarding past or current facilities, and Mr. Bradford stated this operation exceeds State requirements. Ms. Light stated it is not a high intensive operation, they only operate half of the year, the applicant 2005-1900 PL1683 HEARING CERTIFICATION-THE BLUFFS,A GENERAL PARTNERSHIP,AND RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. (USR#1504) PAGE 3 must adhere to various FAA requirements, and United Agriproducts delivers and picks up the chemicals and containers, so there will be no waste on the site. Jeff Boock stated his family has owned the parcel directly east of the subject site for the past 60 years. He stated the land is currently vacant, with some oil and gas activity; however, his parents intend to move there when they retire. Mr. Boock submitted a packet of information, marked Exhibit F, and expressed concern with the proximity of the end of the runway to their property line. He stated as a firefighter and Haz-mat technician, he understands the various regulations the applicant must comply with, and as a Colorado resident he understands the regional sentiments regarding property rights. He requested a potential compromise by relocating the runway further from the property line, and stated the primary issue of concern deals with potential impacts to their property. Responding to Commissioner Geile, Mr. Boock stated the applicant has agreed to limit the facility to three commercial planes and three private planes; however, the concern is not the number, but the location of the airstrip. Chair Jerke commented the property owned by Mr. Boock's family is half a section, and the east end seems to be a reasonable distance from the proposed airstrip. Mr. Boock indicated this operation is a supplement to the agriculture industry; it is not specifically agriculture. There being no further comments, Chair Jerke closed public testimony. Ray Edmiston,applicant, stated he has been in the crop-dusting business for 34 years,the runway will be 3,200 feet long, and the buildings and loading pad will be located on the east end to serve as a buffer between the runway and the property to the east. He stated the planes will take off toward the west since the property slopes down hill, and they will land coming in from the west to eliminate the need for taxiing the planes back to the hangar. He further stated that will be the flight pattern 90 percent of the time, with occasional modifications due to poor weather conditions. Responding to Chair Jerke, Mr. Edmiston reiterated a majority of the flights will be to the west and then turn north or south, because most of the area to the east is dryland or pasture and does not require spraying. In response to Commissioner Geile, Mr. Carroll stated the end of the runway is 300 feet from the east property line. Ms. Lockman displayed photos of the site and current facility. Responding to Chair Jerke, Ms. Light stated she and the applicant have reviewed and concur with the Conditions of Approval and Development Standards as proposed. Commissioner Vaad moved to approve the request of The Bluffs, a General Partnership, c/o Ray Edmiston, owner of Aerial Sprayers, Inc.,for a Site Specific Development Plan and Use by Special Review Permit #1504 for an Airstrip and an Agricultural Service Establishment (an airstrip for private use and a crop-dusting and spraying operation facility, including hangar, landing strip, storage facilities for fertilizer, insecticide, and fuel, and accessory offices) 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. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. 2005-1900 PL1683 HEARING CERTIFICATION-THE BLUFFS,A GENERAL PARTNERSHIP,AND RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. (USR#1504) PAGE 4 This Certification was approved on the 6th day of July 2005. , �` I . ! �% APPROVED: •alt �` BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO , William H. r e, Chair ��; u ty Clerk to the Board M. . eile, Pro-Tern BY: Deputy Clerk t the Board , r D: 'd Long TAPE #2005-28 Robert D. Masde DOCKET #2005-48 • -L. Glenn Vaad 2005-1900 PL1683 EXHIBIT INVENTORY CONTROL SHEET Case USR#1504- THE BLUFFS/ RAY EDMISTON 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 04/19/2005 and 05/17/2005) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and Photo of sign posting F. Jeff Boock Letter and attached information, dated 06/29/2005 G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. N d do 43 n 9 es,,--\-1) 1� 2 `: J v a r a � \ O re IV 4!1 w W � � re a gii co i * . . - '4 V) W C J tl! U • gzt `�T C.) 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