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HomeMy WebLinkAbout20191713.tiffHEARING CERTIFICATION DOCKET NO. 2019-34.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0120, FOR AIRPORTS AND AIRSTRIPS (GRASS AIRSTRIP FOR TAKING OFF AND LANDING OF SMALL SKYDIVING AIRPLANES) IN THE A (AGRICULTURAL) ZONE DISTRICT - BAR NINE, LLC, C/O GREG JOHNSON A public hearing was conducted on March 20, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro -Tern - EXCUSED Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra County Attorney, Bruce Barker Planning Services Department representative, Chris Gathman Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated February 8, 2019, and duly published February 13, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Bar Nine, LLC, do Greg Johnson, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0120, for airports and airstrips (grass airstrip for taking off and landing of small skydiving airplanes) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Freeman excused. Commissioner Moreno stated he serves on the Greeley/Weld County Airport Authority as a Board member. He indicated he has no financial interests and will be able to make a fair assessment of the case presented. Chair Kirkmeyer confirmed with Commissioner Moreno he had not heard the case in any other capacity as a Commissioner. El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, stated the applicant will be piloting the planes and indicated there will be up to two (2) pilots at the facility. He stated there will be no ground traffic coming to or from the facility, mentioned there will be no more than ten (10) take offs and landings per day and will not operate more than three (3) days per week. He indicated the airstrip will be utilized by a single engine aircraft, and stated there is an existing general aviation airport located immediately to the north, Easton, which is covered under a Non -Conforming Use. He described surrounding uses and proximity of cG PLC C&ITP),pWC£(1),t-HCLL) O51O'31 c9 2019-1713 PL2649 HEARING CERTIFICATION - BAR NINE, LLC, CIO GREG JOHNSON (USR18-0120) PAGE 2 residences, and reviewed the letters of objection that had been received. He provided an overview of the Conditions of Approval (COA) created to address the referral comments of the Federal Aviation Administration (FAA), He and Greeley/Weld County Airport. He indicated the site does not directly border a road, and mentioned there had been an abundance of correspondence received prior to the Board hearing. He entered the favorable recommendation of the Planning Commission into the record as written and stated communication among the applicant and the neighboring airports had been an issue, which they attempted to address through the COAs. In response to Commissioner Conway regarding the adjacent airstrip and the FAA referral, Mr. Gathman indicated he would provide the correct language from the referral to clarify. Lastly, Mr. Gathman displayed images of the site and surrounding views. Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated the access is proposed to be on County Road (CR) 46. He referenced an access application, and indicated the applicant was requesting clarification from the Board to use the access, although it does not meet the proper spacing requirements. He provided the latest traffic counts for adjacent CRs and stated the Department of Public Works (PW) is not requiring an Improvements or Road Maintenance Agreement, or tracking control. He indicated the site meets an exception for drainage, and presented grading requirements. In response to Chair Kirkmeyer, Mr. Pinkham indicated the locations of the existing, and proposed accesses, and in response to Commissioner Conway, Mr. Pinkham stated PW's preference is for the applicant to use the existing access on CR 49, because the access on CR 46 is closed and reclaimed due to the access permit. There was additional discussion to clarify the existing and proposed accesses and the required spacing. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated portable toilets are proposed, which is acceptable as long as they follow Environmental Health (EH) Policy. She indicated there will be no washing of planes onsite, and he recommended Development Standard (DS) #14 be deleted (noise standard), and mentioned DS #10-16 address EH items. In response to Commissioner Conway, Ms. Light stated she did not know the FAA noise standard. Greg Johnson, applicant, described the development of the Big Foot Turf Farms baseball field, including the USR process. He explained the Easton Valley View Airport (herein after referred to as EVV) has an agreement with Rocky Mountain Skydivers, which allows skydivers to land on the neighboring property. He further described the relationships with the skydivers, and explained past issues with Tom Morrow, owner of Rocky Mountain Skydiving, and Bob Easton, owner of the EVV Airport. Mr. Johnson stated they continued to allow skydivers to land on his property; however, now they have to shuttle people and equipment between the Big Foot Turf Farms property and the Greeley/Weld County Airport. He reiterated there will be ten (10) take off and landings per day, three (3) days a week, and stressed all use of the property will be for skydiving. He stated it is an agritourism and agri-tainment use and does not take any part of the farming operations out of production. He displayed images of the site and described the site plan. Mr. Johnson explained the access associated with a previous USR and mentioned negotiation with Public Works regarding an alternate access. 2019-1713 PL2649 HEARING CERTIFICATION - BAR NINE, LLC, C/O GREG JOHNSON (USR18-0120) PAGE 3 0 Drew Weaver, founding president of Northern Colorado Skydive Club, gave an overview of his background, and provided an outline of his PowerPoint presentation. He described skydiving operations including the Communications Plan, climb and decent process, the jump run, the skydiving and landing patterns, emergency procedures, pilot training, runway patterns, flight rules, and safety. Chair Kirkmeyer interrupted stating skydiving is a Use by Right and confirmed with Mr. Barker whether the discussion regarding skydiving is relevant to the USR presented. Bill Garcia, attorney, represented the applicant, explained why they felt the skydiving details should be presented and Mr. Weaver concluded his presentation. Jamin Katzer, Northern Colorado Skydive Club, reiterated the application use, and stated they want to educate people on skydiving. He provided his qualifications history, and stated safety is his priority. He displayed images of the site to explain where each part of the use will occur, and provided a step-by-step process of what happens before, during and after a skydive. He mentioned the amount of jumps that happen per year and the track record of the skydives. In response to Commissioner Conway, Mr. Katzer explained the requirements of an FAA approval. Mr. Garcia submitted documents regarding the Northern Colorado Skydive Club's standard operating procedures. He reviewed the compatibility with surrounding uses, and mentioned the correspondence they have had with EVV Airport. He compared the engine size to other engines used for agricultural uses and the height at which the planes would be flying, and stated the airstrip will not limit the agricultural uses on the property. He stated the use is consistent with the Comprehensive Plan and explained how the use supports agri-tainment, does not take any agricultural land out of production, and is voluntary conservation of agricultural land. He continued to explain how the application meets the criteria of the County Code. Mr. Johnson stated they want to continue what they have been doing and mentioned the family history with the neighborhood. In response to Chair Kirkmeyer, Mr. Johnson explained skydivers have been landing on the baseball field for approximately 18 months. In response to Commissioner Conway, Mr. Johnson clarified skydivers from EVV Airport had previously landed on the property. Chair Kirkmeyer announced the hearing would be recessed for lunch, and provided the opportunity for anyone to speak prior to the recess if they could not return. George Shen, indicated he was speaking as a civilian aviator and stated he jumps with Rocky Mountain Skydivers. He expressed concerns with the experience levels of pilots and stated the runways will not be parallel. He stated there is a high potential for hazards and, in response to Commissioner Conway, he indicated he currently pilots part-time out of EW Airport. After further discussion regarding his knowledge of incidents, Mr. Shen mentioned the aviation communication in the area can be "congested" and lead to additional issues. In response to Commissioner Conway, Mr. Shen stated he had flown in and out of EW Airport approximately 10-15 times without incident and in response to Chair Kirkmeyer, Mr. Shen rephrased his concerns for student pilots and anyone with less than 150 hours of pilot hours. 2019-1713 PL2649 HEARING CERTIFICATION - BAR NINE, LLC, 0/O GREG JOHNSON (USR18-0120) PAGE 4 El Chair Kirkmeyer recessed the hearing until 1:20 p.m. Chair Kirkmeyer reconvened the hearing at 1:20 p.m. El Ben Whitney, Attorney, represented Bob Easton, owner and manager of EVV Airport. He expressed Mr. Easton is concerned with a new airstrip being so close to his existing airstrip. He estimated the amount of flights in and out of the airport, and indicated it is one of the only public dirt airstrips and is often used by inexperienced pilots. He stated the proposed airstrip is not parallel, and indicated there is a north/south runway that bisects the air traffic pattern of the proposed airstrip. He referenced a letter and Planning Commission testimony from Darrel Dilly, an experienced pilot, with concerns of the airstrips' proximity to one another. He referenced additional letters, also with safety concerns, and added he learned the FAA does not have the authority to prevent someone from building an airport. Mr. Whitney explained the process of the FAA approval and expressed concern that the primary reason for the proposed airstrip applications is because Mr. Weaver and the EVV Airport could not get along. He stated the people who were not able to communicate prior, will be forced to communicate to fly safely. He indicated the proposed use is not consistent with the Comprehensive Plan, and is not compatible with the existing surrounding land uses. Lastly, he stated Mr. Easton strongly opposes the application. In response to Commissioner James, Mr. Whitney clarified the authority of the FAA with private, versus federally -funded airstrips, and referred additional questions regarding the EVV Airport operations to Mr. Easton. el In response to Commissioner Conway, Mr. Whitney provided an overview of his phone conversation with the FAA member who wrote the referral for the proposed airstrip. Chair Kirkmeyer requested clarification regarding Mr. Whitney's submitted letter and after additional conversation, Mr. Whitney stated Mr. Easton does not believe the proposed use will be safe and a cooperation agreement would not be able to address the concerns. Bob Easton, EVV Airport, provided the history of his airstrip and indicated who utilizes the site. He stated his main concern is having an airstrip that is not parallel and provided an example of an encounter he has had with a parachute jumper. He stressed his safety concerns and in response to Commissioner Conway, Mr. Easton provided the annual airport traffic, which varies depending on the season. In response to Commissioner Moreno, he acknowledged his role in the lack of communication and reiterated his concerns for safety. In response to Commissioner James, Mr. Easton provided an overview of the daily operations, including the communication that typically occurs. There was additional discussion regarding the enforcement if someone does not comply with safety regulations, and the type of licensing for a pilot or airport. Commissioner Conway clarified the FAA's role in the licensing of an airport and pilot. Chair Kirkmeyer clarified it is the responsibility of the Board to address the competing airstrips and safety factors. Mr. Easton stated there is not a possibility for a cooperation agreement with Mr. Weaver, and in response to additional questions from Chair Kirkmeyer, he asserted no factors would change his mind to support the proposed airstrip. Mr. Easton supported to the previously made statement by Mr. Shen regarding inexperienced pilots, and explained coordinated planning patterns. In response to Chair Kirkmeyer, Mr. Easton clarified precautions he takes related to weather, prior to flying and explained to Commissioner Conway, those are his personal standards; 2019-1713 PL2649 HEARING CERTIFICATION - BAR NINE, LLC, C/O GREG JOHNSON (USR18-0120) PAGE 5 however, other pilots use their own discretion. In response to Chair Kirkmeyer, he indicated 70 percent of the business is crop dusting in the summer. e Tom Morrow, owner of Rocky Mountain Skydive, presented a signed petition in opposition of the application (Exhibit L). He explained his history with Mr. Weaver and Mr. Easton, and stated there has been no proper communication. He mentioned he had complained to the FAA, and Sheriff's Office with no consequences. In response to Chair Kirkmeyer, Mr. Morrow clarified he had been a skydiving instructor, since 2010, and explained what "the responsibility of the parachutist" means. In response to Commissioner Conway, Mr. Morrow indicated he is licensed and if there were a complaint it would be on record, and stated the United States Parachute Association (USPA) enforces safe parachuting, if someone is registered. e Ron Mix, surrounding property owner (SPO), indicated he was not a pilot and reviewed the letter he submitted for the record (Exhibit F). He described the sound of the airplanes and expressed concerns with the number of houses surrounding the airstrips. In response to Commissioner Kirkmeyer, Mr. Mix indicated where the surrounding airstrips are located. He stated the applicant has been flying from his property more than he admitted. IR Larry Wisehart, SPO, stated he had no problem with the EVV Airport, and described the students he had seen flying. He stated there will be increased air traffic noise, and expressed concerns for the change in the ground traffic pattern, which will be right over houses. He indicated there is going to be a traffic increase and mentioned concerns with the air traffic conflict. Mr. Wisehart stated he had additional concerns regarding property values and indicated he did not know of any other airstrips as close together as the two being discussed. In response to Commissioner Conway, Mr. Wisehart indicated when his house was built, and stated the EVV Airport was already established at that point. Byron Jenkins, SPO, referred to an image in the applicant's PowerPoint regarding parachute operations, and mentioned the parallel runways and the no transgression zone. He discussed the wind concerns and gave examples of the planes getting close to his home. He concluded, stating he was not in support and did not think approval of the application was a good idea. In response to Commissioner Moreno, Mr. Jenkins explained there is also remote control flying occurring on the Easton property. There being no further discussion, Chair Kirkmeyer closed the public testimony. el Mr. Garcia addressed the concern of the potential confusion of landing strips, and explained the communication that will occur if the airstrips are confused. He indicated the proposed airstrip will have full insurance coverage on planes, skydivers, and operations. He reiterated there has been communication with Mr. Whitney and stated he (Mr. Garcia) is willing to work toward a cooperation agreement. Mr. Jamin stated communication is a requirement when becoming a pilot and, therefore, Mr. Easton saying he will not communicate is a bigger issue. In response to Chair Kirkmeyer, Mr. Jamin explained the repercussions for pilots if rules are not followed, and Mr. Weaver further explained the repercussions for a parachutist that does not comply with rules. There was additional conversation regarding enforcement agencies, and repercussions. 2019-1713 PL2649 HEARING CERTIFICATION - BAR NINE, LLC, C/O GREG JOHNSON (USR18-0120) PAGE 6 El Mr. Garcia argued the runways will be 830 feet apart and clarified the authority of the FAA and the Board. He stated the use does not limit the surrounding uses and indicated the applicant would be willing to alter the runway to make it parallel with EVV runway. He reiterated the applicant's willingness to work through a cooperation agreement and Mr. Jamin briefly presented the minimums for visibility and wind conditions prior to flying. In response to Chair Kirkmeyer, Mr. Jamin defined and clarified "statute mile", cloud clearance, and wind velocity regulations. After further discussion, Chair Kirkmeyer clarified it is the Board's responsibility to regulate the airstrip, and Mr. Barker read the corresponding section from the Code. Mr. Barker further explained the inclusions of the Land Use activity in which the Board is regulating and there was additional discussion regarding the regulations of a private airstrip. Mr. Garcia clarified Mr. Easton's flight safety standards are personal and not enforced for his entire airport or anyone outside of the airport. He explained why Mr. Mix was not notified of the hearing or the application, and mentioned the no transgression zone is for on -ground interactions. He stated the remote controlled (RC) flying is not on the Bar Nine property and speculated the flyers are from the Easton airport. He indicated the FAA does have regulations for RC flying, and in response to Commissioner Conway, Mr. Garcia clarified his knowledge of the allowance of flying RC aircrafts around actual aircrafts. e After discussion regarding the location of a referral from the FAA, Chair Kirkmeyer recessed the hearing. El Chair Kirkmeyer reconvened the hearing and Mr. Gathman clarified the referral was included in the application file. E In response to Commissioner Conway, Mr. Garcia addressed how the use the Comprehensive Plan, how it minimizes the impacts of other agricultural uses, is considered agri-tainment, and is compatible with existing and future land uses. He stressed the importance of communication and professionalism in order for the airstrips to coexist and mentioned the allow will only use single engine airplanes. Lastly, Mr. Garcia summarized the facts and provisions of the case and asked the Board to consider approval. El Commissioner Moreno asked the Board to consider a continuance to allow the owners of the airstrips to work together to form an agreement. Commissioner James suggested adding a COA or DS to require an approved communications plan. In response to Chair Kirkmeyer, Mr. Weaver indicated recently they had not been taking off and landing on the proposed property and reiterated they had been using the Greeley/Weld County Airport. He further clarified they were taking off of the proposed property in late 2017; however, were informed they were not allowed to do so and changed their operations to instead fly out of the Greeley/Weld Airport. In response to Chair Kirkmeyer, Mr. Johnson clarified his use of "cumbersome regulations" in a letter included in the file. Mr. Garcia explained they would like to be able to form an agreement with EVV Airport and be able to communicate between attorneys. 2019-1713 PL2649 HEARING CERTIFICATION - BAR NINE, LLC, C/O GREG JOHNSON (USR18-0120) PAGE 7 • Chair Kirkmeyer indicated she was not in support of a continuance and reiterated Mr. Easton and his attorney both indicated they did not believe an agreement between the operators of the airstrips was possible. She referenced COA #1.C and DS #6 regarding the recommendation of the FAA to communicate with the Greeley/Weld County and Easton Airports, and stated she does not know if they will meet that Condition or Standard. She also reviewed the FAA's and Mr. Dilly's referral letters and the recommendations and concerns of both letters. She reiterated skydiving is not a use controlled by the Board and explained her concerns regarding the applicant's ability to demonstrate his demonstrate his ability to comply with the criteria, including the Comprehensive Plan, relating to agriculture. She agreed with the testimony presented by the SPO and attorney, and stated she did not feel the Burden of Proof had been met with regard to the intent of the Agricultural Zone District. O She read the definition of agri-tourism, reiterated she did not feel it met the intent of the A (Agricultural) Zone, nor is it compatible with existing surrounding land uses, and stated she did not have enough findings to show the proposed use complies with Sections 23-2-230.6.1-4 or Section 23-2-230.B.7. Commissioner Conway reiterated the applicant's utilization of the Greeley/VVeld County Airport and the hours of operation. He stated the use will not work unless the owners of the airstrips communicate, and indicated he felt the Board could strengthen the language to reflect the referral from the FAA. He argued the Resolution could be modified, stated there has been an airspace analysis completed by the FAA of the proposed private airport, and he concurred communication must occur between the airport owners. He indicated he was willing to move forward unless the applicant requested a continuance. • Chair Kirkmeyer clarified the FAA does not approve nor disprove of the airstrip and also does not regulate private airstrips. Commissioner James reiterated comments made by Chair Kirkmeyer, and there was additional conversation regarding the communications plan and the FAA enforcement. In response to Chair Kirkmeyer, Mr. Barker clarified there is no liability for the Board if they approve Conditions of Approval and Development Standards they know the applicant cannot meet. He continued to explain there is always a risk of a Rule 106, and stated there is no way for the Board to enforce the compatibility of the case. Ei After additional conversation regarding the Communication Plan, Chair Kirkmeyer mentioned potential changes to the Resolution and stated it is irresponsible of the Board to approve COA and DS that the applicant can not meet. El In response to Commissioner Moreno, Mr. Garcia argued the requirement of the FAA letter is to coordinate activities, and does not specify a letter of agreement. He stated if the Board would consider a short continuance with specifications on what needs to be completed, the applicant would agree to a continuance. Commissioner Moreno indicated he was not in support of a continuance and mentioned he did not feel the parties could come to an agreement. After further discussion regarding the continuance and the communication between the airport owners in the interim, May 15, 2019, was proposed as a continuance date. • Chair Kirkmeyer reopened public testimony regarding the continuance. 2019-1713 PL2649 HEARING CERTIFICATION - BAR NINE, LLC, O/O GREG JOHNSON (USR18-0120) PAGE 8 Mr. Whitney, on behalf of Mr. Easton, stated he objected to a continuance and reiterated there is no level of communication with the entities involved that would make it a safe situation. Cooper Anderson, Greeley/Weld County Airport, offered their facility as a meeting place for all parties involved. 0 Commissioner Moreno moved to continue the request of Bar Nine, LLC, do Greg Johnson, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0120, for airports and airstrips (grass airstrip for taking off and landing of small skydiving airplanes) in the A (Agricultural) Zone District, to May 15, 2019, at 10:00 a.m., to allow the applicant time to meet with the Easton Valley View and Greeley/Weld County Airports regarding a Communication Plan. The motion was seconded by Commissioner Conway, and Commissioner Moreno stated he hoped it would be an opportunity for all three parties to get together and find a solution. Commissioner Conway reiterated the comments of Commissioner Moreno and reiterated the Greeley/Weld County Airport offered their facility as a location for the meeting. Commissioner James cited Sections 23-2-230.B.2-4, and Section 23-2-230.B.7 and stated the applicants had a long way to go for his approval and indicated if the applicant can provide a Communication Plan, he would approve the continuance. Chair Kirkmeyer stated she was not in support of the continuance and provided the applicant direction for the future hearing. She agreed with the comments stated by Commissioner James and reiterated the requests of the FAA mentioned in their referral letter. She stated there are two (2) existing and established airports in the area and she did not believe they should have to change their traffic patterns. She also included that the applicant needs to work on an agreement with the existing airports to coordinate traffic patterns, and suggested additional items for the applicant to complete prior to returning. The motion carried as a three (3) to one (1) vote, with Chair Kirkmeyer being opposed. There being no further discussion, the hearing was completed at 4:37 p.m. This Certification was approved on the 25th day of March, 2019. ATTEST: doldfri, � Weld County Clerk to the Board BY: 0. Deputy Clerk to the Board AP ED AS ounty - ttorney Date of signature: O51O8 19 BOARD OF COUNTY COMMISSIONERS WjrLD COUNTY, COLORADO arbara Kirkmeyer, Chair tt K. James 2019-1713 PL2649 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? Ao7r0 M J : 3 -�0 C4 S", i' r-.4 ifiX i ,� ee) LO k K t -1.3,�e,, cam ce_:. 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