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
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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.
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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.
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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;
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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.
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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.
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• 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.
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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
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