HomeMy WebLinkAbout20191057.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR18-0120
APPLICANT. BAR NINE. LLC, C/O GREG JOHNSON
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AIRPORTS AND AIRSTRIPS (GRASS AIRSTRIP FOR TAKING OFF
AND LANDING OF SMALL SKYDIVING AIRPLANES) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -5012, PART N2SW4 SECTION 12, T4N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION. 1/2 MILE WEST OF CR 49; 0.5 MILES SOUTH OF CR 48.
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 ordinance in effect.
A. Goal 9. of the Weld County Code states "Reduce potential conflicts between varying land
uses in the conversion of traditional agricultural lands to other land uses."
The applicant is required to address the requirements of the Federal Aviation Administration
as a condition of approval. Limitations on the number of takeoffs and landings. hours of
operation. type of aircraft are attached as development standards. These conditions of
approval and development standards will reduce potential conflicts with uses in the area
(including the adjacent airport).
A.Policy 9.5. of the Weld County Code states. Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
The conditions of approval and development standards will reduce potential conflicts with
existing uses in the area (including the development standard that the applicant coordinate
traffic patterns with airports in the area).
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 allows airports and airstrips as a
Use by Special Review Permit in the A (Agricultural) Zone District.
The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural production without the
interference of other. incompatible land uses. The A (Agricultural) Zone District is also
intended to provide areas for the conduct of uses by Special Review which have been
determined to be more intense or to have a potentially greater impact than uses Allowed by
Right. The A (Agricultural) Zone District regulations are established to promote the health.
safety and general welfare of the present and future residents of the county.
The proposed airstrip will not impact agricultural operations on the property. Development
standards and conditions of approval (limiting hours and number of take -offs and landings.
addressing conditions of Federal Aviation Administration (FAA) will mitigate impacts on
adjacent properties.
RESOLUTION USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
PAGE 2
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed landing strip is located immediately to the south of an airstrip/airport facility
established as a Non -Conforming Use under NCU-345 (Easton Valley View Airfield). The
applicant operates a ballfield facility (approved under USR-1770) on the property immediately
to the east of the site. A residence on a parcel owned by the applicant is located immediately
to the northeast of the property the airstrip is to be located on. Additional residences are
located approximately 1/8 mile to the west and range from approximately 1/4 mile to 1/2 mile to
the east and northeast.
One letter of objection has been received from Mr. Morrow (on behalf of Rocky Mountain
Skydive). Rocky Mountain Skydive utilizes the Easton Valley View Airfield (an established
NCU under NCU-345 to the north). The letter alleges dangerous encounters with skydivers
from the applicant dropping onto Rocky Mountain Skydive. The letter alleges that he has filed
3 complaints with the FAA regarding safety violations. Also, the letter expresses concerns
with opening a landing strip next to an established airport due to safety reasons.
Mr. Johnson (the applicant) has provided a letter of response/refute to this letter and provided
a scanned letter from the FAA in response to one of the complaints.
A letter was received from Benjamin Whitney on behalf of Bob Easton (Easton Valley View
Airfield). The letter objects and asserts that the application cannot meet three (3) of the
criteria of approval for this USR due to the potential for negative impacts on the existing
airport and safety concerns due to the proximity of aircraft and the potential for more
skydivers in the area.
Conditions of approval and development standards (including addressing Federal Aviation
Requirements, limitations on take offs and landings, hours of operation, size of aircraft) have
been attached to address compatibility with adjacent 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 site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is within the Airport Overlay District. The Greeley -Weld Airport
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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 proposed facility is located on a property delineated as "Irrigated (Not Prime)' and "Prime
(Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The airstrip is unimproved and no cropland will be taken out of production.
RESOLUTION USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
PAGE 3
G. Section 23 -2 -220.A.7 —There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
The Federal Aviation Administration (in their letter dated 2/25/2019 and received 3/1/2019)
indicated no objection/no objection with conditions. The letter states: "Our aeronautical study
had determined that the establishment of the private use airport will not adversely affect the
safe and efficient use of airspace by aircraft. We have no objections to this referral."
There were conditions outlined in the letter, including a recommending coordinating traffic
patterns with Easton Valley View and Greeley Weld Airport. The conditions outlined in the
letter have been added as a condition of approval. Conditions of approval and development
standards have been attached to address the protection of health, safety and welfare of the
inhabitants of the neighborhood and County.
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 Commission recommendation for approval is upon the following:
1. Prior to recording the plat:
A. The applicant shall address the Public Works concerns about the location that service vehicles
will use to access the parcel. (Department of Public Works)
B. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
C. The applicant shall address the conditions/recommendations outlined in the Federal Aviation
Administration Notice of Airport Airspace Analysis Determination dated 2/25/2019. Written
evidence of such shall be provided to the Department of Planning Services. (Federal Aviation
Administration)
D. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0120. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the parking area for the customers. (Department of Planning
Services)
6. County Road 46 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
RESOLUTION USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
PAGE 4
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Public Works)
7. The County Highway is designated on the Weld County Functional Classification Map as
an arterial road which typically requires 140 feet of right-of-way at full build out. Weld
County is currently in the process of widening this corridor. The alignment of the road
widening project varies along the section line for the corridor. Contact Public Works for
the location of the existing and future right-of-way and easements and delineate these on
the site plan. (Department of Public Works)
8. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to operation. (Department of Public Works)
9. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public
Works)
10. Show and label the drainage flow arrows. (Department of Public Works)
11. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
RESOLUTION USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
PAGE 5
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
Bruce Johnson
Richard Beck
Skip Holland
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.
Elijah Hatch
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 March 5, 2019.
Dated the 5th of March, 2019
Kristine Ranslem
Secretary
RESOLUTION USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bar Nine, LLC
USR18-0120
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0120, for Airports and
Airstrips (Grass Air Strip for taking off and land of small skydiving airplanes) in the A (Agricultural) Zone
District, 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 hours of operation are dawn to dusk, three (3) days a week. (Department of Planning Services)
4. The airstrip shall be limited to ten (10) takeoffs and landings per day. (Department of Planning Services)
5. The airstrip will be utilized by single -engine aircraft only. (Department of Planning Services)
6. Aircraft traffic patterns will be coordinated with Easton Valley View and Greeley -Weld Airports.
(Department of Planning Services)
7. The airstrip is for the skydiving club only and is not open to the general public. (Department of Planning
Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
9. This site is located within the Airport Overlay District. (Department of Planning Services)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
15. Adequate drinking, hand washing, and toilet facilities shall be provided for personnel, at all times. For
contractors on site for less than 2 consecutive hours a day, and 10 or less visitors on site, portable toilets
and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall
contain hand sanitizers. (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
RESOLUTION USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
PAGE 7
Weld County Code. (Department of Public Health and Environment)
17. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
18. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
21. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
22. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
25. The Use by 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.
26. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
27. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
28. 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. (Department of Public Health and
Environment)
29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
RESOLUTION USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
PAGE 8
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C. R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. March 5. 2019
EXHIBIT
5gJi -012�J
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Michael Wailes. at 12:30 pm.
Roll Call
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope. Lonnie Ford, Richard
Beck, Elijah Hatch, Skip Holland.
Also Present: Chris Gathman. Angela Snyder, and Tom Parko, Department of Planning Services: Lauren
Light and Ben Frissell. Department of Health; Evan Pinkham. Hayley Balzano and Mike McRoberts. Public
Works: Bob Choate and Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION.
USR18-0120
BAR NINE, LLC, C/O GREG JOHNSON
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AIRPORTS AND AIRSTRIPS (GRASS AIRSTRIP FOR TAKING
OFF AND LANDING OF SMALL SKYDIVING AIRPLANES) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -5O12. PART N2SW4 SECTION 12, T4N, R65W OF THE
6TH P M . WELD COUNTY. COLORADO.
1/2 MILE WEST OF CR 49: 0.5 MILES SOUTH OF CR 48.
Chris Gathman. Planning Services, presented Case USR18-0120, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter of objection was received outlining concerns
regarding dangerous encounters of skydivers, the filing of three (3) complaints with the FAA regarding
safety violations and opening a landing strip next to an established airport due to safety reasons.
Additionally. a letter was received objecting and asserts that the application cannot meet three of the criteria
of approval for this USR due to the potential of negative impacts on the existing airport and safety concerns
due to the proximity of aircraft and potential for more skydivers in the area.
Mr. Gathman noted that according to the Weld County Code. skydiving ties into the definition for recreation.
There is no requirement in the Code as there are skydiving operations (specifically the skydivers — not the
planes) that land on properties throughout the County and does not require a USR. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Sparrow asked if they should be looking at this case as an airstrip that can only be used for
skydiving or should they look at it as an airstrip that can be used for multiple uses. Mr. Gathman said that
it is ultimately up to Planning Commission, however, Staff is limiting it to the use that was requested in the
application which was for a skydiving operation.
Commissioner Holland asked how to control aircraft when there are two private airfields adjacent to each
other. Mr. Gathman said that the determination of the FAA was an important piece of the puzzle. Therefore,
that is way Staff has included a Condition of Approval to address the conditions and recommendation of
the FAA.
Hayley Balzano. Public Works. reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control. and the Waste Handling Plan.
Greg Johnson, 22455 CR 49. stated that he opened a baseball field to all the youth in the area in 2002 and
added that it then became host of the Valley Vikings for seven (7) years. In 2007, they help build a softball
and baseball field in Gilcrest so there hasn't been a need for a baseball field on his property. Eason Valley
1
Airport started having skydiving at their facility and met quite a few of the skydivers. He added that the
Rocky Mountain Skydive preferred having the activity on his drop zone which stopped the activity at the
Easton Valley Airport. Therefore, Mr. Johnson said that they wanted to continue the activity and is
requesting the airstrip to land airplanes on grass on his property.
Mr. Johnson referred to the FAA referral and said that there have been no midair collisions with any of the
non -controlled airports in Weld County. He added that the aeronautical study performed by the FAA
determined that the establishment of this airport will not adversely the safe and efficient use of any airspace
or aircraft.
Commissioner Johnson asked if the sod farm will be maintained where the airplanes will be landing. Mr.
Johnson replied yes. Mr. Johnson asked if the sprinklers will limit the airplane operation. Mr. Johnson said
that the sprinkler will run at night and added that it is 85% sand based so it doesn't get muddy.
Commissioner Johnson expressed concern in landing airplanes in close proximity to the existing airport.
He said that the flight patterns were always to the left and asked if that has changed.
Drew Weaver, 6725 Union Street, Arvada, Colorado, stated that he has a Bachelor of Science in airport
and airline management and has flying skydivers for 20 years. He said that the Greeley -Weld County
Airport uses both left-hand and right-hand traffic patterns. He added that they are able to do this as an
uncontrolled airport and not have any problems with it. He said that as part of federal regulations it is a see
and avoid rule and added that there are supplementals that tell the pilots a great deal of information on how
the traffic works and what the local area is like. He added that using a common traffic advisory frequency
will be included in the supplemental for this proposed airport. Additionally, they are adjusting their traffic
pattern to avoid the traffic of the neighbors to the north.
Mr. Weaver said that while technically this is an uncontrolled airport, the FAA regulations require that they
have a 2 -way radio communication with the nearest air traffic control center. All aircraft are required to
have this per FAA regulations. He indicated that DIA has a satellite based radar system that will track the
airplanes while they are on the ground. He added that they are on the edge for DIA, but there is a
transponder area past Mr. Easton's that is utilized. Mr. Weaver provided an explanation of how he
communicates with the Denver Airport when operating with skydivers.
Commissioner Cope asked if the radio frequency will be the same for all of the surrounding airports. Mr.
Weaver said that Valley View and Greeley -Weld airports have two different frequencies that they are using,
however they will have two radios on board and each of those radios have the ability to both talk and monitor
the traffic.
(Bob Choate left the meeting at 4:45 pm and was replaced by Bruce Barker, County Attorney)
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ben Whitney, Dill and Dill Law Firm, 455 Sherman Street, Denver, Colorado, stated that he is representing
Bob Easton who is the owner/operator of Easton Valley View airfield. Mr. Whitney said the existing airstrip
is 660 feet to the north of the proposed airstrip. He submitted hard copies of letters and maps into the
record.
Mr. Whitney stated that Valley View airport has been there for 54 years and is a privately owned airport. It
is used primarily for aerial application (crop dusting) and skydiving and also used by members of the public,
and student pilots. He said that aerial application is done primarily May through September and is
dramatically busier over the summer.
Mr. Whitney referred to the documents he submitted and explained the traffic patterns of the Valley View
airfield in relation to the close proximity of the proposed airfield. He expressed a large concern regarding
the safety of the visibility of the pilots and the skydivers. Mr. Whitney noted occasions where the skydivers
have drifted into the path of the pilots from the Valley View airfield. He referred to the FAA referral and
added that he is concerned that it is dependent upon a level of communication and cooperation.
2
Commissioner Cope said that the Planning Commission and Staff are not experts on this, however he relies
heavily on the FAA to give solid recommendations. He added that he doesn't believe that they would
consider allowing anything that could potentially happen. He asked Mr. Whitney if he feels the FAA is
wrong. Mr. Whitney said that he contacted the FAA on how they prepare these studies and added that he
was told that they may send someone out to fly around and see how the air space is used. He added that
he is not sure that they looked at all the factors that he would have liked them to look at. Mr. Whitney said
that this airstrip is a completely different operation in the summer and to look at it in the winter isn't an
accurate picture of what is going on in the air space. Much more air traffic from crop dusters occurs in the
summer in this area than during the winter. He believes the FAA is missing some critical information.
Commissioner Sparrow asked if the FAA is only concerned with the planes or are they concerned with the
parachutes as well. Mr. Gathman said that the referral referred to the respect to the safe and efficient use
of navigable air space by air craft and with respect to the safety of persons and property on the ground. He
added that they have considered matters such as the effects that the proposal would have on existing and
planned traffic patterns of neighboring airports, the existing air space structure and projected programs of
the FAA, the safety of persons and property on the ground and the effects of the existing or proposed man-
made objects on file with the FAA.
Commissioner Ford referred to the submitted maps and said that the flight pattern for Valley View goes
across the applicant's property. He asked if the take off -and landing patterns could be changed to avoid a
safety issue. Mr. Whitney deferred to have the applicant answer that question.
Bob Easton, 23482 CR 48, LaSalle, Colorado, said that he is concerned as it is a safety issue. He added
that he has been flying for about 45 years and hasn't had a problem until this past summer. He expressed
concern with the safety of mid-air collisions and the safety of the skydivers. He noted occasions where the
skydivers have drifted into their flight patterns.
Commissioner Ford referred to the take -off and landing patterns and asked if the traffic patterns would be
changed to a right turn. Mr. Easton said that they could change it, but they do that because of the houses
in the area.
Tom Morrow, Rocky Mountain Skydive, said that he opened this business in March 2017 and believed he
has received harassment all summer. He voiced concern on the occasions where he has had near
collisions with parachutes and skydivers. Mr. Morrow added that there has been no coordination or radio
contact.
(Elijah Hatch left the meeting at 5:20 pm)
Ron and Virginia Mix, 23430 CR 53. Ms. Mix is concerned with the numerous flights that the skydivers take
over the properties. She added that she lives 2.5 miles east of these airfields. Ms. Mix said that a single
engine plane crashed about 500 feet from their house.
Mr. Mix said that the last three years there have been more private airplanes over their house.
Commissioner Stille clarified if they are concerned with both landing strips. Mr. Mix said that there are three
landing strips within a 1 -mile radius of these two airfields.
Boyd Jenkins, 3500 35'" Avenue, Greeley, Colorado stated that there is some contention between Mr.
Weaver and Rocky Mountain Skydiving. Mr. Jenkins noted occasions where he experienced safety issues
with Mr. Weaver. He said that he is concerned with the skydiving operations and believes that they should
be operated out of the Greeley -Weld County Airport. He added that they as they try to land at the sod farm,
they will be drifting into the Valley View traffic pattern.
Darrel Dilley, 20501 CR 37, said that he has been involved with aviation for 50 years. He said that when
runways are close together he said that they do a lot of special training. He added that he has been a
training instructor for an airline and is here as a safety advocate. Mr. Dilley said that there has to be a lot
of considerations, letters of authorizations, letters of agreements to operate in this close proximity. He said
that as a flight instructor they teach risk mitigation to look at the risk and try to mitigate it.
3
Mr. Johnson said that he can't help but disregard Mr. Whitney's comments as the FAA who did review this
case said there was no problems. Mr. Johnson referred to the question of why he located the proposed
airstrip where he did and said that he chose that location because it was on the half -circle sprinkler that he
could run at night and there are also no houses where the flight path would go over.
Mr. Johnson said that the runways intersect at 5600 feet west of Mr. Easton's runway. He said that there
are skydivers on Mr. Easton's airport. He asked if there was a reason why the skydivers for his operation
are more dangerous than the skydivers that go to Mr. Easton's. Mr. Johnson stated that they have total
confidence in what they are doing and hope they will be given the opportunity to operate this.
Commissioner Cope asked if there will be drifting to the south. Mr. Johnson said that the parachutes travel
at 20 mph through the air while they are sailing. He added that they never skydive when the wind is above
15 or 20 mph.
Jamin Katzer, 12500 Bellaire Street, Thornton, Colorado, said that he holds the highest license in the USPA
which is a governing body that the FAA has deciphered to govern a parachute and he is also a tandem and
IAD instructor and a coach as well. Mr. Katzer said that they take into consideration of drift with parachutes
and the communication between pilots of where they will drop the parachutes. The parachute will fly for 20
mph. He added that they have to mitigate safety when they have to make a decision whether they need to
jump or not. Mr. Katzer said that he is confident that if they can communicate and follow the FAA
recommendations that there will be no conflict and they will operate this safely.
Commissioner Ford referred to the landing patterns of the north/south airstrip of Valley View and said that
he is concerned that plane patterns go right across Mr. Johnson's property. He asked with that landing
pattern if any of the pilots will be flying for Mr. Johnson's operation. Mr. Johnson said that they will not be
flying and will not put them in any jeopardy.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Stille said that based on what he has heard today it seems that there is more concern about
competition. He added that safety has been mitigated as much as possible and he feels bad for the
community that these two organizations don't get along.
Commissioner Beck referred to Section 23-2-220.A.3 regarding the uses permitted will be compatible with
the existing land uses and Section 23-2-220.A.4 regarding uses permitted will be compatible with future
development. He said that he has confidence in the pilots they listened to today and the guys who know
how to operate the skydiving, however, he has no confidence that the whole thing doesn't work without
communication between these two airports. Therefore, he will probably vote against this.
Commissioner Ford said that the real problem here is communication. He said that they need to
communication with each other for the safety of the community.
Commissioner Holland said that safety is a number one concern for him. He said that consistency with
existing uses is important in Weld County and is concerned with communication as well.
Commissioner Cope agreed with the safety issues. He said that his concerns are probably not with this
airport or this land strip. He asked if the FAA was notified that this was for the purpose of jumping or not.
He referred to the referral from the FAA and said that there is no discussion at all about it being a jump
situation and the potential of parachutes also being involved in this. He added that they talk strictly about
the flying concerns and the landing concerns. He is also concerned with the existing landing strip and said
if there are beginner pilots they may be the biggest danger to anything. He said that things happen, and
he doesn't want to be responsible to have made a situation that he thinks is a little bit marginal right now
with just the one air strip to throw another air strip into it.
Commissioner Sparrow said there seems to be a lot going on in a small area. He said that he is not sure
if FAA was aware of the jumping going on as the same time as the flights.
4
The Chair asked Staff if the FAA received all of the application materials that explain the full use. Mr.
Gathman replied that they received all of the information, as they were a referral agency. Mr. Johnson said
that he submitted a form to the FAA which included the request for a private air strip for landing skydiver
airplanes.
Commissioner Wailes said that it is hard to separate the two air strips and as far as airport owners are
concerned they need to look beyond any competing interests and make sure that they are putting public
safety as a paramount. As far as the contractors operating out of either of those establishments, the hope
again is that there is some mutual cooperation. Mr. Wailes said that he doesn't worry so much about the
student pilots because he thinks they are probably more aware of the surroundings, where the pilot who
flies into the Easton airport that has never had to look for other planes or skydivers off of other air strips.
He said that for the sake of being good neighbors he hopes that they can come to some agreements and
figure out how to make things work.
Motion: Forward Case USR18-0120 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Gene Stille, citing compliance with Sections 23-2-260 and 23-2-220, Seconded by Michael
Wailes.
Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 0).
Yes: Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Tom Cope.
No: Bruce Johnson, Richard Beck, Skip Holland.
Absent: Elijah Hatch.
Commissioner Wailes believes that the applicant has shown that they have met with all seven (7) items of
Section 23-2-220. He said that he doesn't think the use of the word mitigation is ever a bad thing as they
try to mitigate risks.
Commissioner Cope referred to Section 23-2-220.A.7 that there is adequate provisions for the protection
of the health, safety and welfare of the inhabitants of the neighborhood and County. He said that he has
to rely on the FAA as being the formidable experts on this.
Commissioner Ford said that he is very concerned about safety but based on the Staff presentation and
the testimony he heard today he is in favor of recommending approval.
Commissioner Beck cited Section 23-2-220.A.3 and said it is not compatible with surrounding land uses.
Commissioner Holland said that he doesn't believe this application is in compliance with the health and
safety issues of the neighborhood. He believes that it is inconsistent with the existing uses.
Commissioner Sparrow asked the operators and landowners to please communicate to each other because
the alternative is that someone will lose their life out there if communications fall apart.
Meeting adjourned at 7:02 pm.
Respectfully submitted,
46V.61.3n1-,
Kristine Ranslem
Secretary
5
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