MESA COUNTY DEPARTMENT OF PUBLIC WORKS Administration - Building - Engineering Road and Bridge Traffic - Planning - Solid Waste Management

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1 MESA COUNTY DEPARTMENT OF PUBLIC WORKS Administration - Building - Engineering Road and Bridge Traffic - Planning - Solid Waste Management 200 S. Spruce St. P.O. Box 20,000 Grand Junction, Colorado Ph (970) Fax (970) PROJECT REVIEW November 26, 2012 PRO CUPR GATEWAY CANYONS AIR TOURS CONDITIONAL USE PERMIT REVIEW Property Owner(s): Representative(s): Location: Zoning: Reviewed/Presented by: Planning s Request: Staff Recommendation: John S. Hendricks John Williams Highway 141, Gateway, Colorado AFT Ron Quarles, Senior Planner Review the Conditional Use Permit for the Gateway Canyons Air Tours Continue the Gateway Air Tours Conditional Use Permit as approved in 2009, with changes to the conditions of approval that clarify intended approach and flight paths, and that expand opportunities for communication between the Gateway Air Tours and nearby residents. I. PROJECT SUMMARY The Planning Division Staff is presenting this application to the Board of County Commissioners for a review of the Conditional Use Permit granted for the Gateway Canyons Air Tours on June 16, In the summer of 2012, an affected property owner contacted the Code Compliance Services staff with a complaint related to the conditions of approval for air flights from the Gateway Canyons Air Tours runway located north of the Gateway Community. The complaint was made on the basis of observed Gateway Air Tour flights over the residential area. As a condition of approval in 2009, the Board of County Commissioners required that the flights at the facility avoid residential areas. Specifically Condition 8 was approved in the resolution as follows: 8. That commercial flight paths shall avoid residential areas to minimize the impact of noise. Upon consideration of the complaint, it was determined by staff and the attorney representing the Gateway Canyons Air Tours that the 2009 Conditional Use Permit should be reviewed by the Board of County Commission to clarify the intent of the condition as it specifically relates to the complaint and determine how the issue should be resolved for the benefit of the Gateway Air Tours and the affected resident. II. BACKGROUND/HISTORY The property utilized for the Gateway Air Tours CUP is located on both sides of Highway 141 approximately 1.5 miles northeast of the Gateway Community and consists of approximately 242 acres of land zoned Agricultural Forestry Transitional (AFT). An existing residence, the air strip, and associated structures are located on the south side of the highway. No structures are located on the north side of the highway. 1

2 SITE The Palisade Gateway 2

3 Development of the site by the current owner began in 1997, with a request for conditional use permit approval (C203-97) for a private non-commercial air strip on the existing grass pasture area. The residence on the 242-acre site was constructed in conjunction with the airstrip. At that time, the CUP application stated: The aircraft to be used are short-field performance aircraft that can accomplish landings and take-offs within and can climb out steeply in the immediate area near the landing strip. For safety reasons, the owner desires to establish an area of at least 1,900 feet for the grass strip. At the time, the site which included an older home and out-buildings, was being developed for a Ranch Manager s house, a machine shop, a stable, and the main residence. The airstrip was to be limited to the private use of the owner. The Conditional Use Permit was granted by the Board of County Commissioners (MCM 93-53) with conditions that limited the grass air strip to private non-commercial uses and to flights during the day light hours. Fencing was also required to prevent cattle from adjacent properties from roaming on to the air strip. The original CUP application was brought back to the Board of County Commissioners nearly a decade later ( CUP) to allow the use to expand to a commercial airstrip. Since the original approval, the strip had increased in size from 1,900 feet in length to 2,673 feet. The application was made to allow the use, which had operated as an accessory use to the ranch and residence, to expand to include scenic airplane and helicopter tours operated by the Gateway Canyons Private Air Tours. The expanded use was to be limited to guests shuttled from the Gateway Canyons Resort to the site. The application was granted by the Board to allow commercial flights from aircraft belonging to the owner or his holdings associated with the Gateway Canyons Resorts (MCM ). The CUP prohibited public use of the airstrip for other individuals. The number of commercial fixed wing flights was limited to an average of 40 flights per month and flight paths were required to avoid residential areas. Staff is bringing the Conditional Use Permit to the Board for review based on complaints from an affected residential property owner south of the air strip that contends the established flight plan for take-offs and landings has been violated. This report will include a summary of complaints and flying activities at the air strip, and an analysis of the conditions of approval and the May 12 hearing proceedings, at which the conditions were implemented. III. SUMMARY OF COMPLAINTS AND AIR STRIP ACTIVITIES: Since the Conditional Use Permit was approved in June of 2009, a total of 486 take-offs and landings, for both personal and business flights, have been logged by the pilot at the airstrip. Of those, 244 flights were by the larger turbine-powered Cessna Caravan and 242 were by the smaller piston-engine Maule. The Cessna Caravan is utilized by the Gateway Canyons Air Tours for up to 6 passenger tour events. Since the commercial air tour operations have started, the owner of a residence located south of the airstrip at Highway 141, has submitted two separate citizen complaints on flight activities. The first complaint received on May 16, 2011 contended that aircraft flew over the property in violation of the amended CUP. However, the complaint was closed in October of that year after it was determined by the Code Compliance Officer that a violation had not occurred. The most recent complaint from the same property owner was submitted the following year on May 16, 2012, contending that an observed flight out of and back to the airstrip violated the established flight plan for take-offs and landings of the CUP by flying over the owner s residence. 3

4 In the letter submitted to the Code Compliance Services staff, the owner of the residence at Highway 141 observed a flight from the airstrip at about 8:30 a.m. and a flight at about 9:30 a.m. returning back to the airstrip. The resident complained that the airplane flew directly above the property at a very low altitude. The basis for the complaint by the residence was that the observed flights on May 13, 2012 were in violation of the Conditional Use Permit granted in As stated in the complaint: Flying over our property, and residential properties is prohibited by the amended CUP. The established flight plan for take-offs and landings has been violated. Therefore, Gateway Canyons Air Tours is in direct violation of the CUP. Upon discussions with the Code Compliance Office, and the attorney for the Gateway Canyons Tours, and in light of the complaints concerning aircraft activity, the CUP approved in June of 2009 (MCM ) was scheduled for this review by the Board of County Commissioners. IV. SUMMARY OF MAY 12, 2009 BOCC PUBLIC HEARING - CONDITIONS OF APPROVAL Following a 3-hour hearing on May 12, 2009, the Board of County Commissioners voted to amend the 1998 CUP (West Creek Ranch Airstrip) by expanding the use of the private airstrip along Highway 141 for commercial flights for scenic airplane and helicopter tours. At that hearing, eight speakers from the community addressed the Board with concerns related to the use of the airstrip. Although a variety of topics were addressed at the hearing, including the mitigation of impacts to critical wildlife areas, analysis in this report is limited to the specific issues associated with the May 16 complaint. Noise Impacts /Take-Offs and Landings As part of the application in 2009 to expand the use of the private air strip for commercial air flights, the applicant submitted a noise impact study prepared by D.L Adams Associates Incorporated. The purpose for the study was to assess potential noise impacts to the adjoining residential areas and to recommend any measures to mitigate those impacts. Sound levels were measured at three residential locations along Highway 141 in the general alignment of the air strip if it extended beyond the end of the runway. Noise was measured from approach and departure flights from aircraft and then compared to the normal (ambient) sound levels in the environment. According to the study the loudest conditions were observed at the time the aircraft departed the runway in the direction of Highway 141 and flew directly over the two residential areas closest to the airstrip where the measurements were being taken. In order to mitigate the noise impacts the study concluded that departures from the airstrip can be directed so that the aircraft do not follow Highway 141 and do not pass directly over the residences. Specifically, according to the study, take-offs with a turn to the east of the residential area reduced the sound levels significantly compared to the straight take off and departure. At the hearing in 2009, the owner of the airstrip anticipated adjustment of the flight paths to align east of the residential areas as a part of the Conditional Use Permit approval. The following slide was presented by the owner at the hearing to demonstrate the reduction of noise that would result by the realignment of the flight path to the east. As indicated, the shift would produce noise no greater than large trucks on Highway

5 Slide from Applicant s 2010 Presentation The findings in the noise study and the commitment of the owner to shift the flight path to the east was the basis for condition 8 in the approved Conditional Use Permit: That commercial flight paths shall avoid residential areas to minimize the impact of noise. The condition, as written, was intended to mitigate impacts from the loudest noise that occurred with take offs. However, it is not clear that the condition was intended to address aircraft landings since noise impacts from landings were not specifically addressed in the noise impact study or discussed at the hearing. For purposes of addressing the most recent complaint of both take offs and landings, staff requested additional information from the representative for the Air Tours to compare noise levels between landings and take-offs. According to a letter dated July 12, 2012 from the pilot, aircraft is always at a reduced power setting as it makes its final approach to landing. As a comparison, the power setting for normal cruise is 1,500 to 1,600 ft/lb of Torque, while the final approach power setting is ft/lb of Torque, suggesting that the noise levels are reduced for landings. In addition, the normal approach route into the airstrip was from the east parallel to the runway at 1000 feet above ground level, before the air plane turns back towards the air strip at 500 feet and then 400 feet above the ground level. On October 23, staff met with the representative for the Gateway Canyons Air Tours and the pilot to discuss more specifically the typical departure and approach routes in terms of the proximity to the property associated with the complaints. The pilot confirmed the typical approach route identified in the July 12 letter, however with the clarification that the air plane does not typically fly directly over the residential property but rather aligns directly with the runway as the final approach is made. As further clarification, the pilot identified the specific traffic pattern indicators from the Federal Aviation Administration (FAA) Aeronautical Information Manual (AIM) that stipulates the general flight patterns for the air strip. Both approaches and departures are made from the west end of the air strip for the Gateway Air Tours, and not from the opposite sides of the runway as the chart would suggest. Approaches to the air strip are from the east parallel on the north side, before the air plane turns directly into the runway as indicated by the earlier comments. Departures are made, again, from the same side of the runway, with a turn towards the southeast away from the residential areas. 5

6 Conditions of Approval Regardless of the typical flight patterns described by the pilot, staff recognizes the complaints that have been made by the affected resident based on personal observations and perceptions. Staff met with the affected owner on November 19, 2012 to discuss possible ways to address the impacts. The owners expressed a desire that the pilot of the aircraft observe flight patterns farther from the residential areas as was anticipated with the 2009 approval. Based on the information that was provided by the pilot and the input of the affected resident, staff is recommending that the conditions of approval for the Gateway Air Tours CUP be modified with specific references to the FAA Flight Pattern Indicators found in the FAA Aeronautical Information Manual, and that Gateway Air Tours expand its communication with the affected residents and property owners in proximity to the air tours operations. Specifically, staff is recommending Condition 8 and Condition 9 as follows: 8. The flight paths on both take-offs and landings shall avoid residential areas in an effort to minimize noise impacts to homes close to the air strip. The flight path for fixed wing aircraft on take-offs to the west shall involve turning the aircraft to the left after take-off. Flight paths for fixed wing aircraft on landings will be in accordance with the Air Traffic Indicators found in the FAA Aeronautical Information Manual illustrated in Exhibit A, or be on a straight line from the west flying on the north side of Highway 141 until the approach intersects with Highway 141. Flight paths over residential properties shall occur only for safety and weather related reasons, as determined at the sole discretion of the pilot of the aircraft. 9. A representative of Gateway Canyons Air Tours or the Hendricks family will meet on an annual basis with area residential property owners and/or the Gateway Property Owners Association to discuss air flight activities, and provide information on anticipated regular and seasonal flight schedules. Exhibit A Traffic Pattern Operations Single Runway Source: FAA Aeronautical Information Manual Chapter 4 Air Traffic Control 6

7 Approximate Approach and Take-off Alignments based on FAA Air Traffic Indicators V. NOTICE A postcard giving notice of the date, time and location of the December 3 public hearing was sent to all property owners within a 2,500 foot radius of the Properties. Notice was also posted on site and published as required by Chapter Three of the Mesa County Land Development Code. VI. PUBLIC COMMENTS: No comments were received as of the date of this report. IV. RECOMMENDATION The Public Works Department Planning Division recommends that: The Gateway Air Tours Conditional Use Permit remains in effect as approved in 2009 and in 1998, however with the following changes as previously stated. The original 1998 conditions of approval, as they were modified in 2000, have also been incorporated into the language of the conditions of approval. 1. All review agency comments shall be addressed that are not in conflict with the following conditions of approval. 2. All ooriginal conditions of approval as identified with Resolution MCM No , with the exception of condition of approval No. 3 which shall be changed to commercial uses, shall remain in effect as follows: a. The requirements of the Federal Aviation Administration shall be followed. b. Aircraft shall be limited to only short-field performance aircraft. c. The airstrip shall be for the private commercial use of the property. d. The air strip surface shall be maintained with grass to control dust. 7

8 3. There shall be no public use of the airfield, only aircraft belonging to Mr. John Hendricks or his holdings associated with Gateway Canyons Resorts. 4. Hours of operation shall be during the daylight hours. 5. A Major Site Plan shall be applied for and approved to show compliance with the Mesa County Development Code and the requirements of this application prior to construction of any hangar space. 6. Gateway Canyons Air Tours shall inform the BLM, Colorado Division of Wildlife and the U.S. Forest Service of its intended patterns and of any changes to established patterns in the future, and to work with these agencies to mitigate harmful effects on wildlife. In particular Gateway Canyons Air Tours will: A) Avoid elk and deer winter range areas for the time period of December 1 through April 1 of each year; B) Avoid raptor nesting areas along the cliffs of the Dolores River from late March until early July each year; C) Will not use its flights to improve hunting success, knowing it is illegal to fly hunters over hunting area close to hunting season to gain an advantage; D) Will not use its best efforts to maintain a minimum of 2,000 feet Above Ground Level (AGL) over the mapped sensitive areas and times. 7. That commercial fixed wing flights shall be limited to an average of 40 flights per month. 8. The commercial flight paths on both take-offs and landings shall avoid residential areas in an effort to minimize the impact of noise impacts to homes close to the air strip. The flight path for fixed wing aircraft on take-offs to the west shall involve turning the aircraft to the left after take-off. Flight paths for fixed wing aircraft on landings will be in accordance with the Air Traffic Indicators found in the FAA Aeronautical Information Manual illustrated in Exhibit A, or be on a straight line from the west flying on the north side of Highway 141 until the approach intersects with Highway 141. Flight paths over residential properties shall occur only for safety and weather related reasons, as determined at the sole discretion of the pilot of the aircraft. 9. A representative of Gateway Canyons Air Tours or the Hendricks family will meet on an annual basis with area residential property owners and/or the Gateway Property Owners Association to discuss air flight activities, and provide information on anticipated regular and seasonal flight schedules. Bases For Recommendation 1. A letter of complaint dated May 16, 2012 was received by Mesa County from the owner of property at Highway 141 in Gateway concerning observed flights over the affected property. 2. The complaint was made on the basis that the observed flights were perceived to be in direct violation of the Gateway Air Tours CUP (MCM ). 3. According to the letter of complaint, the affected owner has requested additional information on the intended flight path of the Gateway Air Tours. 4. As a condition of the 2009 approval for the Gateway Canyons Air Tours (Condition 8), commercial flight paths shall avoid residential areas to minimize the impact of noise. 5. The condition of approval was based on a Noise Impact Study prepared by D.L. Adams & Associates that determined the loudest noise occurred from take-offs over the affected residential areas, while take offs east of the residential areas would reduce noise significantly. 6. The condition, as approved in 2009, lacks clarity concerning approach and take off flight patterns. 7. The recommended change to the condition of approval would require that both approach and take-off flights avoid residential areas, except when the pilot determines other routes for safety and weather related reasons. 8

9 8. The recommended addition of Condition 9 would provide an opportunity for the Gateway Air Tours to inform nearby residents of its commercial operations, and establish a basis for regular communication between the Gateway Air Tours and the residential property owners. VII. BOARD OF COUNTY COMMISSIONERS DECISION: December 3,