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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.14.2005.pdfExhibits for Conditional Use Permit for Dave Force for an Aircraft Landing Strip Public Hearing held on 3/14/05 E~hibit I,ettii .:(!\' ·~·~1.· j:> A B Proof of Publication D Garfield County Comprehensive Plan of 2000 E A lication F G H I Staff Memorandum Review Memo: Cit of Glenwood S rin s Letter from the Sopris Ranger District dated 2125105 Letter from Peggy Hill dated 2/20/05 lt /./rr .frrJ'rn J-·rf11.Spr;1°:;< R~ ( /r'1 Q~ / .frox,,, &/ (l~f' (rri ,i.. U J BOCC 3/14/05 JWHIMLB PROJECT INFORMATION AND STAFF COMMENTS REOUEST APPLICANT (OWNER) LOCATION & ACCESS SITE SIZE WATER & SEWER EXISTING ZONING Conditional Use Permit to operate an Aircraft Landing Strip Dave Force and Kathryn Cooper 0944 Black B~oad, southwest of Glenwood Springs · . 36 acres Well water NR!RD I. DESCRIPTION OF THE PROPOSAL A. Proposed Request The Applicant requests approval from the Board to allow an Aircraft Landing Strip ( 1,100' x 80') and associated future hanger structure (80' x 50') fort~ aircraft. The application indicates the use is for an existing unimproved strip with a grass surface for the sole use of landing two (2) private single-engine, four-seat aircraft for the use of the land owner and Applicant. The number of take-off/landing combinations been a maximum of 8 times a day to none in two weeks. No fuel depot is proposed. For this type and size of landing strip, the Applicant has indicated that the Federal Aviation Administration has no rules or permits governing the usage of the facility other that a light aircraft single-engine pilot's license. The Applicant currently has a legally issued FAA license: #2041469. No landing lights are required for the operation of this facility. The Applicant further asserts that the landing pattern for the proposed use does not encounter any dwelling units. There is one house 300 yards from the north end of the runway and two (2) houses \4 a mile to the east and northeast of the proposed use which is the take-off portion of the landing pattern. The Applicant is in the process of building a single family dwelling unit and expects a certificate of occupancy in the summer of 2005. B. Site Description The property is at 0944 Black Bear Road off of County Road 127 and Mountain Spring Road southwest of Glenwood Springs. It is heavily wooded with a natural, long clearing that is 1, 100 feet by 80 feet in dimension which accommodates the home, the proposed hanger and the existing landing strip. II. AGENCY and OTHER COMMENTS A. Referral Agencies: The proposed use was referred to these agencies: a. City of Glenwood Springs: Exhibit G, the City has no concerns or comments. b. Garfield County Airoort Manager: At staffs request for clarification, Brian Condie verbally noted that an FAA Form 7480-1, Notice of Landing Area Proposal, is not required for landing strips with an average of less than 10 operations a day. c. USDA Forest Service: Exhibit H, the USFS, Sopris Ranger District has expressed concerns regarding the potential burden to owners of antenna support structures. As a result of this facility, some of the owners of the antennas may be required by the FAA to paint or illuminate their towers by the FAA. B. Other comments: Exhibit I, Peggy Hill, Mountain Springs Ranch resident, has expressed concerns about low flying aircraft and the potential for a crash and a possible fire from a crash. She also expressed concerns about damage to the roads, if there was an increase in heavy truck traffic. III.REVIEW STANDARDS A. Zoning: The applicant's property is located in the Agricultural/Residential/Rural Density (AIR/RD) zone district, in which an Aircraft Landing Strip is a Conditional Use. Section 2.02.03 of the Zoning Resolution defines an Aircraft Landing Strip as, "A private facility for accommodation and servicing of aircraft, the use of which shall be limited to the owner or owners of the lot upon which the facility is located." Conditional Uses are subject to the standards in Section 5.03 of the Zoning Resolution. Staff has provided the standards in bold italics below followed by a Staff Response. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) 2 Dave Force -CUP Aircraft Landing Strip 3114105 Staff Comment: The applicant has indicated that water and ISDS for personal use will not be necessary for the landing strip, however a 5,000 gallon water tank exists on site with a gas powered pump with a 250 foot fire hose for fire suppression for the home and proposed hanger. No comments were received from the Fire District. This standard has been met 2) Street improveme11ts adequate to accommodate traffic volume ge11erated by the proposed use a11d to provide safe, convenie11t access to the use shall either be in place or shall be constructed in co1uunction with the proposed use; Staff Comment: The applicant has provided information that indicates the proposed use will not encourage or require (for maintenance or fuel support) more average daily trips than exist at the current time. This standard has been met 3) Design of the proposed use is organized to minimize impact on a11dfrom adjacent uses of land through installation of screen fences or landscape materials 011 the periphery of the lot and by location of intensively utilized areas, access points, lighting a11d signs i11 such a manner as to protect established neighborhood cliaracter; Staff Comment: The proposed use has been in existence and the remote nature and location of the property is sufficient to not adversely impact the proposed use. The application indicates that no This standard has been met B. Section 5.03.04 Aircraft Landing Strip Such strip may not be in co11JUct with any reservatio11, regulation or requireme11ts of the Federal Aviation Administration. Staff Comment: As noted previously, Brian Condie, Garfield County Airpo1t Manager has indicated verbally that a personal airstrip that has less than 10 operations per day on average is not subject to any FAA requirements. As such, the applicant's would not be required to file a form 7480-1, Notice of Landing Area Proposal. This standard has been met IV. RECOMMENDED FINDINGS 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3 Dave Force -CUP Aircraft Landing Strip 3114105 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE the Conditional Use Permit for an Aircraft Landing Strip with the following conditions. I. 2. 3. 4. All representations of the applicants contained in the application and made during the public hearing on the application shall be considered conditions of approval, unless they are modified by the Board of County Commissioners. The landing strip will be limited to use by the applicants, unless it is used for emergency purposes by another person. The number of airport operations will not exceed the number allowed by Federal Aviation Regulations Part 157 that do not require a Notice of Landing Area Proposal. If required by the FAA to file a Notice of Landing Area Proposal, the application will be brought back to the Board of County Commissioners for reconsideration and possible public hearing. Should any of the communications facilities located at the Sunlight Peak Communications Site be required to be painted or illuminated by the FAA, as a result of this landing strip location being in operation, the owners of the landing strip will be responsible for paying fo;;:"'Z:"~~·;z(,; ~ .J;i ~ /vf-d.n-<--~/i-L-~/Ir--th~ ~~ ~ 7~7-1-/~·-/£) 4 Dave Force · CUP Aircraft Landing Strip 3/14/05 February 11 , 2005 Jim Hardcastle f~ City of Glenwood Springs Department of Community Development REC~_( ,. 1,D r 1 &.\' 00 i GP,f-< l • .. I\' OU ILO l1'J G (! eu.~N ING Garfield County Building and Planning Department 108 81h Street, Ste 201 GWS, CO 81601 Jim ; The City of Glenwood Springs does not have any concerns or comments with respect to the existing private landing strip at 0944 Black Bear Road . Thank you for the opportunity to review the application. Respectfully , ~~; City Plann er City of Glenwood Springs Page 1 of 1 101 West 8~ Street, Glenwood Springs Colorado 81601 PH: 970·384·6400 FX: 970-945·8582 United States Department of Agriculture Forest Service White River National Forest Garfield County Building and Planning Dept. 108 8th Street, Suite 201 Glenwood Springs, CO 81601 To Whom it May Concern: Sopris Ranger District P.O. Box 309 Carbondale, CO 81623 (970) 963-2266 FAX (970) 963-1012 File Code: 1560 Date: February 25, 2005 ~l-~,~il!l!I '!!IT.-i!l'l\1 The USDA Forest Service, Sopris Ranger District received the referred ap pli cation package associa ted with Dave Force and Kathryn Cooper's request to create a landing st1ip on property loc a ted in T. 6S., R. 89W., section 30, at 0944 Black Bear Road . This parcel is located outside of the National Forest boundary approximately 5 miles no1th of the Sunlight Peak Communications Site. The Sunlight Peak Communications Site lo cated in T. 7S., R. 89W., approximately 5 miles south of the proposed landing strip site, is managed by the USDA Forest Service. Sunlight Peak extends along the ridge between sections 19 and 30 at an elevation of 10,400 feet. There are twenty-one s ites di spersed along the ridge with communication facilities and antenna sup port structures. The FAA requires only the tallest structure owned by Hoak Media (39 ° 25' 07"N, 107° 22' 06"W) to be painted and illuminate d, as it constitutes a potential navigation hazard. The FCC does not require any of the other owners of support structures on Sunlight Peak to register their structures, as they do not currently meet FAA notification criteria. The applicant indicates in hi s proposal that "the FAA does not have any regulations or require ments th a t pertain to the way I will be using the aircraft landing strip." However, there is no documentation from the FAA to substantiate his claim. Our review of the FAA requirements, indicate that an airport proponent for a private-use airport needs to prepare FAA Form 7480-1, "Notice of Landing Area Proposal". I. Has the applicant completed a Notice of Landing Area Proposal and submitted it to the I,'AA? This is u sua lly the first information available to the FAA regarding proposals for new private-use airports. Pait of the application requires any obstruction within three nautical miles of a VFR airpo1t or five nautical miles of an IFR airport be li sted a nd plotted on a quadrangle m ap . 2. Has the FAA initiated an aeronautical st udy? If so, ha s the FAA iss ued an airspace determination letter to the proponent? Caring for the Land and Serving People Printed on Recycled Paper 0 At this time it is difficult for us to assess whether or not the construction and use of a private-use airport no1th of Sunlight Peak would impose a burden on the owners of antenna support structures to register, paint or illuminate them to meet FAA requirements. If the FAA makes a determination that an antenna tower poses an aviation hazard, there may need to be a determination as to which party would bear the cost of any needed facility modifications. Thank you for the opportunity to review the request. Please notify this office if there are any developments regarding Dave Force and Kathryn Cooper's request that would potentially affect the Sunlight Peak Communications Site. Sincerely, ~G:b;f WALLACEB.WESTBROOK District Ranger cc: Kevin Milner, Sunlight Peak Users Assn RECEIVED ~IT L February 20, 2005 FEB 2 3 2005 GARF/ELD COUNTY BUILDING & PLANNING Board of County Commissioners Garfield County Planning Department 108 8th St. Suite 201 Garfield County Plaz,a Building Glenwood Springs, CO 81601 Dear Planning Department and Commissioners. I am writing to express my concern about Dave Force 's private air strip on Red Mountain here in Glenwood Springs. I share a home with Julie Coy, who owns a home and land on Mountain Springs Ranch . With only one privately maintained road that connects town and the top of the mountain, we worry about the fire danger for most of three seasons out of the year. If Dave were to crash (and he does fly low over our homes and the treetops on the ridges) an airplane up here, we would all have little or no time to escape the fire. There may be risk of sparking and wildfire just from his landing and talcing off. - We are tolerant neighbors generally, and Dave is a good and helpful neighbor in many way~ but it isn't exactly a pleasure to have him buzzing the mountain tops, meadows and homes up here. On occasion, we have also had to suffer him using a siren from his airplane~ presumably to startle and flush the elk and deer in preparation for hunting season. If there is any risk at all, now or in the future, of an actual increase in air traffic to and from his airstrip, we would absolutely oppose it. Similarly, if there is any risk of added traffic from heavy trucks or equipment on the road related to the airstrip, that would also not be good. The dirt road is expensive to maintain as it is. Thank you for taking into consideration the concerns of Dave's neighbors as you make decisions about the airstrip and perhaps set reasonable limits on its use. Sincerely, fl ~ 'l1U /r/J / Peggy Hill I I March 13, 2005 Members of Mountain Springs Ranch Homeowners Association Mountain Springs Ranch Road Committee 5844 County Road 127 Glenwood Springs, Colorado 81601 Garfield County Commissioners Garfield County Plaza Building 108 8111 Street Glenwood Springs, Colorado 8160 I Dear Commissioners, EXHIBIT IJ It has come to our attention that Kathryn Cooper and Dave Force have applied to the Board of the Garfield County Commissioners to request a Conditional Use Permit for an aircraft landing strip. As members of the Mountain Springs Ranch Road Committee and the Mountain Springs Ranch Homeowners Association, we respectfully req uest that the Commissioners read and address the concerns we have pertaining to this application. Our first concern is for safety. We would prefer tha t Mr. Force refuel his planes at commercial airfields. However, if the Commission allows Ms. Cooper and Mr. Force to tran spo rt and store fuel at the airstrip, we request the Commissioners establish guidelines for these practices that will protect the landowners along Mountain Springs Road , Black Bear Road, and those in the area of the airstrip. As you may know, Mountain Springs Road gains close to 2000 feet in elevation from Midland A venue to the location of the proposed airstrip. The narrow road has no less than twelve switchbacks, numerous blind curves, and long inclines of ten to fifteen percent grade. There are no guardrails. The vegetation in the area is mixed brush, including Gamble oak, and spruce. This vegetation can be highly flammable and the transport of large quantities of fuel under these conditions poses serious risks to the landowners and residents of the area. We t herefore request the Commission address this issue and apply any and all restrictions neces sary to assure our safety. Our second request is for the Commission to protect the access to our properties. The legal access to Ms. Cooper and Mr. Force's property includes Mountain Springs Road. The Mountains Springs Homeowners Association has in place Road Use Rules and we reque st the Commissioners require the applicants' compliance to these rules. These rules include restrictions on vehicle weight and when these vehicles may travel the road . We also request the Commission not allow any us e of Mountain Springs Road that is contrary to its historical use. The historical use of this road has been for landowners to access their recreational and residential property. Therefore, we request that the airstrip be for Ms. Cooper and Dave Force's own personal use, and that it not be open to use by other pilots for either private or commercial purposes. Our third request is that the Commission protect our privacy. The majority of landowners in this area chose to purchase land here because of the seclusion, peaceful surroundings, and the privacy it affords. Therefore, we request the Commission establish a minimum altitude Mr. Force will need to maintain when flying over our residences and recreational properties except at his approach to the landing strip. We request this altitude be high enough that we will feel no intrusion. Thank you for addressing our concerns. Respectfully, Virginia Badger Member of Mountain Springs Ranch Road Committee Bob Littler Member of Mountain Spring Ranch Homeowners Association Mountain Springs Ranch Road Use Rules Adopted at the MSRHA AGM 10-5-04 The following Road Rules have been adopted by Mountain Springs Ranch Homeowners' Association (MSRHA) for all roads within the MSRHA Subdivision for the purpose of safety for road users and to minimize damage to the roads. The cost of any damage resulting from disobeying these rules can be recovered by the MSRHA by placement of a lien, which would then be immediately due, upon the responsible Lot Owner's property. 1. The Colorado road rules shall apply, except as modified herein. 2. Cautious driving is required at all times. The speed limits on Mountain Springs Road are 15 mph on straight sections and 10 mph around the switchbacks under good driving conditions and less as conditions deteriorate. 3. Downhill traffic shall give way to uphill traffic when passing cannot be easily accomplished. 4. Vehicles over 35 ft. in length shall not be permitted to use the Mountain Springs Road from November 1 to May 31. Under special circumstances a written exemption may be provided by the Road Committee, at their sole discretion, when favorable road and weather conditions permit. 5. Chains are required on vehicles over 20 ft in length when part or the entire main road is snow-covered. Smaller vehicles should use mud/snow tires, and also should use chains when appropriate. 6. Special permission to use the road by semi-trailers and all heavy equipment weighing 26,000 lb. or more is required at all times. This permission is to be obtained in writing from the Road Committee, which will also specify conditions such as permissible travel times and requirements for posting of notices. When planning for semis or heavy equipment to use the road, signs alerting homeowners must be placed on both sides of the electronic gate announcing date and time of heavy equipment travel. 7. The lot owner is responsible for any damage caused by his/herself, family, visitors, or contractors to the MSRHA roads, ditches, gates, and other property and must make arrangements for immediate repair and/or restitution with the Road Committee. The assessment of damage shall be done by, and at the sole discretion of, the Road Committee. A $1,000 deposit, returnable after approval of Road Committee, is required from those building new homes. Drainage to ditches must be restored and culverts re-graveled after putting in utilities. MSRHA can, Page 1 of2 at its discretion, place a lien on property if deposit is not paid and/or if road damage is incurred. 8. Motorists shall drive in such a manner as to minimize damage to the gravel surface of the road. Guidelines for minimizing damage to the road surface include: minimizing acceleration while negotiating curves and rough road surfaces; using 4-wheel drive when available; minimizing speed around curves and rough sections; minimizing braking and using low-gearing to control speed when going downhill. MSRHA encourages contractors to provide a flag car to travel ahead of construction equipment to warn people. When heavy equipment approaches the electronic gate, the gate should be kept open so that large flatbeds do not have to stop. 9. During the dry summer periods motorists shall avoid parking their vehicles adjacent to grassy areas, where long, dry grass may contact the vehicle's catalytic converter, posing a fire danger. JO. It is the responsibility of the Lot Owners to advise their contractors and visitors of the road rules and to stress the importance of driving slowly and safely. Page 2 of2 Mark Bean From: Sent: To: Subject: See you around lpm. Brian Condie C .M. Airport Manager 970-625-1091 Brian Condie [g cra2@earthlink .net] Monday , March 14 , 2005 11 :25 AM Mark Bean FW: FAA 7480 -----Original Message----- From : Scott.Fredericksen@faa.gov [mailto:S cott.Fredericksen@faa.gov) Sent: Monday , March 14 , 2005 11:08 AM To: gcra2@earthlink.net Subject: Hello Brian: Per our prior conversation , a private land owner that wishes to construct a landing area (runway, helipad, etc.), is not formal l y required by FAA to submit an FAA Form 7 4 80-1 "Notice of Proposed Landin g Area " for review . The FAA highly encourages the proponent of any l anding area to do so however , in an effort to i nform the proponent of any possible design issues, or of any confl ict with existing use of nearby land or airspace. Even though FAA may not require submittal of Form 7480-1 , certain muni cipali ties may require the propone nt to submit it as a condition of their local government approval . Should the proponent ever make application to become included in the National Plan of Integrated Airport Systems (NPIAS), or to obtain an FAR Part 1 39 Certificate for providing Commercial Air Service , then the 7480-1 review process would be requ ired . The likelihood of this is extremely s ma ll given that a condition of inclusion in the NPIAS is that the airport be ide ntified by FAA as being a significant part of the Nation's overall aviation transportation system (of the 300+ airports in Colorado , approx. 55 are included in the NPIAS). Thanks -Scott " October 18, 2004 David & Kathryn Force 0160 County Road 160 Glenwood Springs, CO 81601 Dear Dave, Garfield County BUILDING & PLANNI NG DEPARTMEN T Code Compliance Office stevehackett@garfield-county.com Please refer to my letter of September 1, 2004, copy attached, concerning an illegal landing strip . The time allowed for compliance in this matter has expired . Discussion between this office and the Garfield County Attorneys office has confirmed that a Conditional Use Permit is required for a landing strip . I have enclosed a Conditional Use Permit application form for your convenience. Please let me know if you need further assistance in this matter . If compliance has not been achieved by November 1, 2004 , this matter will be referred to the Board of County Commissioners for their review, with a recommendation that it be submitted for legal abatement action . Thank you for your cooperation . Yours truly , Steve Hackett Compliance Officer 108 8th Street, Suite 201, Gl enwood Springs, Co lorado 8160 1 (970) 945 -82 12 (970) 285 -7972 Fax: (970) 384-3470