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Home My WebLink About20040929.tiff HEARING CERTIFICATION DOCKET NO. 2004-35 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1446 FOR RECREATIONAL FACILITIES, INCLUDING A COMMERCIAL RECREATIONAL FACILITY (LONGMONT AIRCRAFT MODELERS ASSOCIATION) IN THE A (AGRICULTURAL) ZONE DISTRICT - LONGMONT AIRCRAFT MODELERS ASSOCIATION • A public hearing was conducted on April 14, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tern Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison 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 March 26,2004,and duly published March 31,2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Longmont Aircraft Modelers Association for a Site Specific Development Plan and Use by Special Review Permit#1446 for Recreational Facilities, including a Commercial Recreational Facility(Longmont Aircraft Modelers Association)in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the unfavorable recommendation of the Planning Commission into the record as written. He gave a brief description of the location of the site and surrounding uses, and stated the site consists of 120 acres of nonirrigated agricultural land. Mr. Ogle stated there are no lights on the site,there are several tables and chairs within the flight area, as well as picnic tables located outside the flight area. He stated there are posted rules and regulations and a large sign on the infield alerting users of the facility as to the times of operation. He further stated there is a zoning violation for this facility which was initiated as a result of a complaint from a neighbor, and if this permit is approved, the violation will be closed. Mr. Ogle reviewed property ownership in the vicinity,described the topography and site design, and stated the model aircraft is flown 900 to 1,000 feet above the pilot. He stated 13 referral agencies reviewed this proposal, 12 responded with comments that have been addressed in the Conditions of Approval and Development Standards,and Boulder County did not respond. He further stated staff received correspondence from surrounding property owners expressing concern regarding traffic,decreased property values, and incompatibility with country living. Responding to Commissioner Geile, Mr. Ogle stated 1,000 feet from the center of the site would extend beyond the property boundary. 2004-0929 PL1713 HEARING CERTIFICATION - LONGMONT AIRCRAFT MODELERS ASSOCIATION (USR #1446) PAGE 2 Char Davis, Department of Public Health and Environment, stated she has no comments. Donald Carroll, Department of Public Works, stated the site is accessed from Weld County Road 36, which has an average daily traffic count of 70 to 90 vehicles. He stated Weld County Road 1 is west of the site,and it averages 2,300 vehicles daily. In response to Commissioner Geile, Ms. Davis stated staff has not conducted a noise analysis for this site; however,she was provided with a report from the applicant. Mr. Ogle stated there is a representative from Hankard Environmental Acoustics and Vibration Consulting present to provide professional testimony on behalf of the applicant. David Daggy,Sr., represented the applicant and stated he is the Director of the Longmont Aircraft Modelers Association. He stated they promote the hobby of model airplane flying,the Association currently has 70 members ranging from ages 13 to 78,and 18 percent of the members live in Weld County. He stated they give demonstrations at local schools and air shows, and if this permit is approved they will join the Adopt a Highway Program to benefit the area. Mr. Daggy stated the Association is also affiliated with a national organization which furnishes the liability insurance for participants and the property owner, he reviewed the various aircraft models flown at the site,and stated this hobby takes a significant financial investment. He stated the Association members try to be sensitive to the neighbors,and after leaving their previous site,they searched for over a year until they found this property,which is ideal for this type of activity. He further stated the runway is located in the southeast corner,which is the furthest point from area homes, and some members left the club due to the noise restrictions. Mr. Daggy stated the hours were changed to 8:00 a.m. to sunset, they limited the distance planes can fly to the west, and they agreed to all the requirements of the staff review. He stated since the Planning Commission hearing in November, the bylaws and flight rules have been submitted which reflect new hours of operation from 9:00 a.m. until sunset during the week,and from 9:00 a.m.to 5:00 p.m.on weekends and holidays. They have agreed to not exceed certain decibel levels at the property boundary,and they have an agreement with the property owner to the east to enter the field to retrieve aircraft. He further stated they have also reduced the number of aircraft allowed to fly at one time from 5 to 3. Mr. Daggy displayed a PowerPoint presentation,marked Exhibit X,showing photographs of the site and surrounding area. He explained the runway is a woven material that is not permanent, and they have purchased a cargo container to store small equipment that is used to maintain the property. He displayed a sketch of the flight area,and explained the members cannot fly their aircraft too far or they will lose sight of it or lose control. He stated the site is typically occupied during all hours of operation,and the rules restrict use to three aircraft in the air at one time. Responding to Commissioner Geile,Mr. Daggy stated they do fly in a rectangular configuration,the Association has many experienced flyers and competitors,and he reviewed the locations of the sites where the sound readings were taken. He stated they will be restricted to 70 decibels on the west and north, and 80 decibels on the east and south, and the property has 120 acres. Responding to Chair Masden, Mr. Daggy stated they do host three or four competitions per year, they compete with two aircraft at a time, and they are still subject to the club rule that restricts them to no more than three aircraft at a time. He stated the activity is compatible with the uses in the surrounding area,and this permit will reduce the chances for a permanent use on the site because they have a ten-year lease. He further stated this area is designated as an FAA training area,there are ten homes in the immediate vicinity,seven expressed no concern or indicated their support, and three are concerned or opposed. He reviewed the distances from the flying area to the surrounding homes, and suggested this use will help reduce 2004-0929 PL1713 HEARING CERTIFICATION - LONGMONT AIRCRAFT MODELERS ASSOCIATION (USR #14.46) PAGE 3 the loitering and littering that has been a problem along Weld County Road 36. Mr. Daggy reviewed similar types of flying fields throughout the country that operate much closer to residences. Jeff Cerjon,Hankard Environmental Acoustics and Vibration Consulting,played six recordings taken from various locations while different aircraft was flying and typical daytime noises were occurring. Following each segment,Mr.Cerjon reviewed the noises involved and the decibel ranges. He also reviewed-charts showing the average and maximum sounds taken from the recording locations in relation to industrial and light industrial decibel levels, included in Exhibits Q and X. Jim Bowman,surrounding property owner to the east,stated he is a 35-year resident and there is a lot of littering in the area,which may be reduced with the presence of the airpark. He stated he spoke with some of his neighbors who live closer to the airpark who indicated they are not opposed, and he submitted a list,marked Exhibit R. He stated change is coming to the area and more noise is likely. In response to Commissioner Geile, Mr. Bowman stated the list submitted reflects residents_east of the proposed site. Responding to Chair Masden,Mr.Bowman stated he lives 1.5 miles away. Sherry Bolton, surrounding property owner, stated she lives three-quarters of a mile south of the site. She stated in the past they have viewed large birds, including osprey, eagles, and hawks; however, this year the numbers are significantly less or none at all, and the reduction may be a result of the model airplanes. She also expressed concern with the planes spooking her horses when she and her family go horseback riding, as well as decreased property values. Christopher Palmer, surrounding property owner to the east, stated there are no trees in the area so there is not much habitat for birds. He stated Boulder maintains a remote control (RC)airpark nearby and they are very conscientious of environmental impacts;however,they have reported no ill effects on wildlife. He stated there are a lot of other aircraft that fly in the area doing training maneuvers;this area is not considered a wildlife sanctuary. In response to Commissioner Geile, Mr. Palmer stated he lives east of Highlandlake. Neil Schmoker stated he is not affiliated with the Association;however,he does operate a business in the Weld County Vista Commercial Center selling RC cars and airplanes. He stated the Longmont Aircraft Modelers Association is part of a national association, and they promote the hobby in schools and local communities. He stated this is a good hobby; however,the number of participants has decreased due to the lack of space and flying sites. Martha Fischer stated she represents the Paradon Equestrian Center located north of the site,and she also owns property one mile east of 1-25. She stated the area is zoned agricultural and she feels the use should be required to locate elsewhere. Ms.Fischer stated approval of this permit will set a precedent for allowing other uses in the area. She stated farmers have a difficult time and often need to supplement their farming income;however,this is not an appropriate use for the area, and Weld County needs to preserve its agricultural space. Richard Jenke stated he has lived in the area since 1972, and he has been a club member for 20 years. He stated most of the members want to be good neighbors by using mufflers to control the noise, and by keeping the roads clean. 2004-0929 PL1713 HEARING CERTIFICATION - LONGMONT AIRCRAFT MODELERS ASSOCIATION (USR #1446) PAGE 4 Mr.Daggy requested a show of hands that support the activity. Chair Masden recessed the hearing for lunch until 1:30 p.m. Upon reconvening, Mr. Daggy stated the club rules do not allow electric planes and the Association has purchased a noise meter. He stated there is also a hunting club in the area, so gun shots and falcon training could account for the reduced numbers of birds in the area. He displayed photographs of homes in the area and described their locations or distances from the site. Ron Larson stated his property is one mile southwest of the site. He expressed concern with model aircraft making noise similar to a chainsaw. He stated there are few trees in the area so the noise does carry. He also expressed concern with impacts to wildlife, including bald eagles and Canada geese. Mr. Larson stated this is an agricultural area, and he purchased his property in 1997. He expressed concern with setting a precedent for a recreational area, and although flying model airplanes is a good sport, this is not a good location. Glenn Thacker, Longmont Aircraft Modelers Association Vice President, stated he has been in aviation for many years. He has built and flown model airplanes most of his life,this is a fine club, and he wants to ensure it remains active. Mark Stroh stated he has been a club member for three years. He started as a novice and the members helped him become familiar with the safe procedures. He further stated they are very conscious of the surrounding uses and the club is a good group of people. Don Hoag,club member,stated model helicopters cannot be flown very large distances; however, they are still subject to the decibel rules. Mr. Hoag stated he lives in Estes Park and does not use the facility very often;however,he does try to come during the week and stay for a whole day when there are fewer people. He stated the use does generate noise,but it is not continuous. He further stated there are usually only three or four members present and they do not all fly at the same time. Greg Hascal stated he is a club member and Berthoud resident. He stated modeling is an excellent activity and it would be a loss if this application is denied. Mike Davis stated he is a club member and Erie resident. Mr. Davis stated he is very passionate about modeling,he enjoys pattern flying and competitions,and there will be limited options for flying if this field is lost. He stated he has listened for noise from his car,and the aircraft is barely audible or visible from the intersection of Weld County Roads 1 and 36. Nancy Frase, Frase Consulting Group, Inc., stated she was hired by various opponents to this project, which consists of 70 percent of the neighbors within one mile of the site. Ms. Frase reviewed a Power Point presentation,marked Exhibit L,and stated she represents 24 households. She stated aircraft modeling is a good sport and involves good people; however, this is not an appropriate location. She stated the Association should not take credit for decreasing the amount of littering and vandalism because the area residents had to pick up a lot of debris from a recent concert event that took place. She further stated contrary to the claims of conservation, the proposed use will result in traffic and erosion of the land. Ms. Frase stated the applicant has shortened the hours of operation, is requiring noise measurements and decibel testing, is limiting the number of aircraft flying at one time, and is participating in the Adopt a Highway Program; however,that does not address the existing code violations. She stated although the use does not 2004-0929 PL1713 HEARING CERTIFICATION - LONGMONT AIRCRAFT MODELERS ASSOCIATION (USR #1446) PAGE 5 exceed the allowed decibel level,the aircraft is noisy for lengthy periods of time. She further stated the facility is not used all the time;however,the members often fly during prime weather conditions when the neighbors would also like to enjoy the outdoors. Ms.Frase reviewed various quotes from neighbors expressing concern regarding decreased property values,fire hazards caused by aircraft fuel,trespassing,displacement of wildlife,and setting a precedent for more permits in the area. She stated the residents value rural living,which conflicts with the intended use of the site. Ms. Frase displayed a video recording, marked Exhibit T. (Switched to Tape #2004-18.) In response to Commissioner Jerke, Ms. Frase stated she has the names and addresses of the people she interviewed. Responding to Commissioner Vaad,Ms.Frase stated most of her interviews were with residents north of Weld County Road 34, and one-half-mile west of Weld County Road 1. She further stated Frase Company consists of two people who provide research,project management, and presentation services; however, it is not a credentialed agency. She stated the Association claims they have seen no visual impacts at the other airpark facilities;however, her comments are very specific to this area and this application. Responding further to Commissioner Vaad,Ms.Frase submitted the statement provided by Real Estate Agent, Dennis Neal, marked Exhibit S. In response to Commissioner Jerke, Ms. Frase stated Mr. Neal does not live within one mile of the facility, nor was he compensated for his statements. Responding to Commissioner Long, Ms. Frase stated the property owner leasing the site supports the application; however, his wife is opposed. Fred Wilson stated he lives one-quarter of a mile north of the site and he has been an area resident for 28 years. He stated they chose to live in the country to enjoy the peace and quiet, and have a home with room for family and friends. He stated the area does not provide nearby conveniences; however, they continue to pay high property taxes. Mr. Wilson displayed a video taken from his home, marked Exhibit U, and expressed concern regarding the nature and timing of the noise generated by the aircraft on weekends and holidays. He stated the proposed use will disrupt the things he cherishes,and Mr. Neal did provide an estimate on his property which indicates the value will decrease. He stated working with model aircraft is a good hobby;however,it is not fair to allow this request at the expense of the current residents. He submitted a brochure, marked Exhibit V, regarding a Loveland flying site located in a mixed use area. Mr.Wilson stated he does not believe in pursuing a hobby at the expense of others. Chair Masden called a five minute recess. Upon reconvening,Natalie Wilson,surrounding property owner to the north,stated there is a Coors agricultural facility on Wasach Road which only operates on a seasonal basis and does not affect the wildlife. She stated there are other model airpark facilities within 20 minutes of the proposed site which are more suitable locations. Ms. Wilson recited a poem expressing her concerns and objection to the proposed use. There being no further comments, Chair Masden closed public testimony. Ed Byrne-, attorney, stated he was contacted by the applicant following the Planning Commission hearing. He expressed concern with the video testimony presented by Ms.Frase displaying leading questions and a lack of commitment by the opponents to attend and oppose the proposal and be available to answer questions. He stated the Association hired a sound professional,and they are also willing to provide a sound demonstration at the site for the board. Mr. Byrne stated the sound samples were taken at the property boundary,the Division of Wildlife did not comment or express concern regarding impacts to the area wildlife. He stated the Association works to mitigate any negative impacts,the members have responded to the concerns expressed by area residents,and 2004-0929 PL1713 HEARING CERTIFICATION - LONGMONT AIRCRAFT MODELERS ASSOCIATION (USR#1446) PAGE 6 they will be diligent in monitoring their actions to reduce potential impacts. Mr.Byrne further stated there is only one home within one-quarter of a mile and two homes within a mile, and the new owners of the house that was sold indicated their support of this application. Mr. Daggy stated the Association has not had one fire incident during the past 25 years, and the engines that could potentially start fires are not allowed to fly because they are too noisy. He further stated a fire extinguisher is kept on site if needed. Mr. Byrne stated there was an audible presentation made at Planning Commission hearing which was very misleading; however,the presentation made during this hearing is an accurate portrayal of the noise impacts. In response to Chair Masden, Mr. Byrne stated he and the applicant have reviewed and agree with the Conditions of Approval and Development Standards as discussed. Commissioner Geile expressed concern with the written testimony provided by Real Estate agent, Dennis Neal. He stated Mr. Neal is not an appraiser, and he did not provide any comparable documentation to support his findings. He stated there was testimony expressing concern with potential for future uses that may occur;however,he feels the current residents need to realize this area is expected to experience heavy growth. Based on the anticipated growth in the area, he is concerned this facility will have adverse impacts on the current quality of life,as well as future uses. Commissioner Geile commented he concurs with the Planning Commission's recommendation that the use will be incompatible with surrounding uses and future uses because the noise is excessive, although he does not feel it is a threat to public health. He stated this facility will hinder or create negative impacts for the future uses in the area. Commissioner Jerke stated this Board is able to discern between facts and unsubstantiated evidence. He stated after listening to the applicant's sound presentation, he found the noise to be irritating,and the quiet enjoyment of the residents in the area needs to be taken into consideration. He stated there will likely be future uses that will change the current conditions,and this proposal is adverse to the current and future uses in the area. Commissioner Vaad concurred and added the Board can discern between good data and emotional statements. He stated testimony indicated the noise may only be for ten to fifteen percent of the day; however,that is still a negative impact. He stated the residents of the area are wanting Weld County to provide what was no longer available in Larimer and Boulder counties; however, the existing conditions are indefinite. He further stated the applicant provided good testimony that was supported with credentials,this is an admirable pastime, and they made a good effort to mitigate the concerns, but he feels there are better places for the proposed use. Commissioner Long stated future growth will likely explode in this area and this proposal will not be compatible. He stated this is a great activity and model aircraft is even being used by the military, but at this particular location it will be problematic, therefore, he encouraged the Association to continue searching for a better site. Commissioner Long stated he lives in New Raymer and model aircraft fly over the town on occasion. He stated they are fun to watch; however, some of the participants have commented they would not want to live under the noise because the hertz level is annoying. • 2004-0929 PL1713 • HEARING CERTIFICATION - LONGMONT AIRCRAFT MODELERS ASSOCIATION (USR #1446) PAGE 7 Chair Masden stated this is in an established neighborhood and there is an incompatibility issue. He stated he lives in Hudson and large planes from Denver International Airport now disrupt their livelihoods. Commissioner Vaad moved to find the proposed use is not compatible with the existing surrounding land uses or future development,pursuant to Sections 23-2-230.B.3 and B.4.,therefore,he moved to deny the request of Longmont Aircraft Modelers Association fora Site Specific Development Plan and Use by Special Review Permit #1446 for Recreational Facilities, including a Commercial Recreational Facility(Longmont Aircraft Modelers Association)in the A(Agricultural)Zone District, based on the recommendation of the Planning Commission. The motion was seconded by Commissioner Geile. Commissioner Vaad commented there is no guarantee of rural tranquility in this area,and future uses will likely include housing,traffic,barking dogs,etcetera. Mr.Daggy stated the Aircraft Modelers Association needs a site to fly,and he questioned the Board's finding regarding what may happen in an agricultural area in the future. He stated it will be very difficult to find an area that is five miles from the nearest house that is within a reasonable distance for the Association members to travel. Mr. Morrison stated the Board cannot answer how it may vote in another situation at a different location. He suggested the applicant request a transcript of this hearing because the Board was very conscientious in making its finding in this matter,and their comments may give.the applicant some direction regarding the problematic issues. Mr. Daggy stated it is frustrating to participate in an activity that generates noise and requires a significant amount of space. Chair Masden stated the Board cannot speculate on general scenarios; however, he proposed a remote site would be most advantageous, and there are other flying sites available. There being no further discussion,the motion carried unanimously and the hearing was completed at 3:30 p.m. This Certification was approved on the 19th day of April 2004. • APPROVED: BOARD OF COUNTY COMMISSIONERS ,mss WELD COUNTY, COLORADO ATTEST: iateke C \ ®` $2,S Robert D. Masden, Chair Weld County Clerk to t t +tf 1-tr William H. rke, Pro-Tem BY: cg c • Deputy Clerk to the Boo'+%��_j . J, e TAPE #2004-17 and #2004-18 David ong DOCKET#2004-35 Glenn Vaa 2004-0929 PL1713 EXHIBIT INVENTORY CONTROL SHEET Case USR#1446 - LONGMONT AIRCRAFT MODELERS ASSOCIATION 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 11/18/2003) D. Clerk to the Board Notice of Hearing E. Donna Galbraith E-mail of Opposition (11/18/2003) F. Applicant Response letter requesting to proceed before the Board of Commissioners (12/10/2004) G. Applicant Letter requesting waiver of the 45-day period 01/08/2004) H. Ed Byrne, P.C., Applicant Attorney Letter requesting on-site demonstration for the Board of Commissioners (02/23/2004) Norton Billings E-mail of Opposition, dated 04/02/2004 J. Board of Boulder County Commissioners Letter requesting consideration of citizens' concerns, dated 04/13/2004 K. Planning Staff Certification and Photo of sign posting, submitted 04/14/2004 L. Nancy Frase PowerPoint Presentation presented 04/14/2004 M. Longmont Aircraft Modelers Association (LAMA) Field and Operating Rules, dated 03/31/2004 N. LAMA Constitution and Bylaws, revised 03/18/2004 O. LAMA Geotex Sample, submitted 04/14/2004 P. Planning Staff Vicinity Map showing surrounding property owners, submitted 04/14/2004 Q. Don Hoag Results of Aircraft Noise Measurements and Audio Demonstration preformed by Hankard Environmental, dated 04/09/2004 R. LAMA Petition of Support, submitted 04/14/2004 S. Nancy Frase Letter from Dennis Neal estimating property values, dated 04/02/2004 T. Nancy Frase VHS Video, submitted 04/14/2004 U. Fred Wilson VHS Video, submitted 04/14/2004 V. Fred Wilson Flyer for LoveAir R/C, submitted 04/14/2004 W (1). Jeff Cerjan 5 PowerPoint Slides related to Sound Study, displayed 04/14/2004 W (2). Jeff Cerjan CD of Sound Recordings, played 04/14/2004 X (1). David Daggy PowerPoint Presentation, displayed 04/14/2004 X (2). David Daggy CD of PowerPoint slides, displayed 04/14/2004 Y. Z. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF APRIL, 2004: DOCKET#2004-33 -ALTERNATIVE HOMES FOR YOUTH DOCKET#2004-34 -CHARLES MESERLIAN DOCKET#2004-35 - LONGMONT AIRCRAFT MODELERS ASSOCIATION PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip C7/¢.Ac iv AC 14<ck 3 /f 2- ,014- Live, zicJ ,44 NxtJ/,d•rim---- 0,/A s/Co/7 So/ 33O St &4°%J Jb,U 5€—'s •' or /Ca'9..) to c :,e. f Li /Rz , co 11/1 : e i; � � ( Z1`°L / � y1 TAC3n� 7 L.av1yrc, cr1�-- 1 �j in� e (4 a 3 ti 8 ill-eLv Poi Pan-1- Loc, t / n e5re-__ /�e ,/1G!c/%6 co z c4'A/ - 9 f/ 6—,e ea. �(�E/ ( o a— Pt',1 A/ ‘-2/ --/-�"t N(// ICoe ]die-7-4' p � MA/ S s Pte( N b J li 30/ tat , lV W /[-c- 2�/DI n/ 17O / �N\iZ\ e ` \-_).k (a \ `A \ a_ Nc2.LNce _�. \_oyit-non"r 1 c.O B05a�3 JFEE eR3f� S let old To.t,...31-). S 00.. e F a3 R Fc7 ati Co $OSac) ,Te11 �Zuc1 3 yo$ J' ,l�G4d ft^ii t Gzi &( rroh ?&' r n 77vt 14446,f i.swtc //id 2324 CA/ts Cf. -f ,mss • , oSzc-/ �L1.n4 4_ `f 14 acALe3., Q-1 (L 2 i . 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