HomeMy WebLinkAbout20131618.tiffHEARING CERTIFICATION
DOCKET NO. 2013-30
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0014, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (BATTING CAGES, GYMNASTICS FACILITY AND BASEBALL FIELDS),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT — UFI FEEDING, LLC
A public hearing was conducted on June 26, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Michelle Martin
Public Works representative, Don Carroll
Public Works representative, Janet Carter
Health Department representative, Mary Evett
The following business was transacted:
El I hereby certify that pursuant to a notice dated May 15, 2013, and duly published May 20,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of UFI
Feeding, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0014, for a use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (batting cages, gymnastics facility and baseball
fields), provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
Michelle Martin, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. She said the Town of Johnstown does not extend utilities to non -annexed
properties and does not foresee annexations in the near future. Ms. Martin reported that
surrounding property owners have the following concerns: traffic impact on County Road 6,
trash, wildlife, noise, light, and the general feeling this project is better suited to a
non -agriculturally zoned location. The Town of Berthoud reported no conflicts with the proposed
development. Staff recommends the applicant hold a public meeting to address residents
concerns to be reviewed. The project passed the Planning Commission with four in favor and
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two opposed. Those opposed felt more screening should be required for compatibility. Another
felt the submittal was fast -tracked and not submitted appropriately. A letter was submitted by
the closest neighbor. The facility is already being erected, prior to approval. In response to
Commissioner Rademacher, Ms. Martin pointed out the surrounding properties on the aerial
photo.
a Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements and discussed a potential change of access.
El Janet Carter, Department of Public Works, explained at length why she is feels paving is
the most appropriate approach. In response to Commissioner Kirkmeyer, Ms. Carter explained
the reasons for choosing the current access point and said the site distance is adequate. In
response to Commissioner Rademacher, Ms. Carter said it could not be closer than 300 feet
from the intersection.
Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions, and trash removal. She noted for the record Condition of Approval #2.6 has been
met.
Glen Czaplewski, with AGPROfessionals, LLC, represented the applicant. He reviewed
the site plans and history of the property, and presented an overview of the project, noting the
majority of the property will remain agricultural. He spoke regarding surrounding property
owner's concerns and stated there was a neighborhood meeting on Saturday with 15 neighbors
from 500 feet and their concerns were addressed. Mr. Czaplewski reviewed the location of the
parking lot. He said they are not planning on putting lights on the baseball diamonds, but there
will be a few safety lights in the parking lot. He showed a graphic illustration of traffic and traffic
narrative tables. He claimed that, right now, if they do not add students they will not hit the
traffic markers and he, therefore, requested the removal of Condition of Approval #1.D. He then
re -addressed the existing access to the facility as well as light pollution mitigation. He noted
there is extensive commercial growth in the area and this area is becoming more urbanized.
Mr. Czaplewski requested extended hours of operation for the facility.
el Chair Garcia opened the floor to public comment. Bob Bixler, Johnstown resident,
said this facility will be a great thing for the kids; if this gets turned down, it could be a long time
before something like this comes along again. iaRobert Herrera, County resident, said that
his children and children's friends need this facility because they are learning through sports.
He noted this is a close-knit community and a number of the parents do carpool; he is often
bringing six gymnasts at a time. He recommended approval. In response to Chair Garcia, he
said they drive to Johnstown from Greeley because of the quality of instruction. Nick
White, property owner near the site and parent of a gymnast, said there is a large group of kids
read to use these facilities, so there is a need - and luckily private enterprise is willing to back
it. la Brenda Dones, surrounding property owner and Assessor's Office employee, said she
believes in private property rights and she is not in opposition to the facility; but cited that the
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applicants originally took out an agricultural exempt building permit, so there was a feeling in the
community that this was a deceptive process. She explained why she was bothered by this.
She said also expressed concern with traffic - the location of the access point has been very
confusing. She said, in contrast to what was decided at the Planning Commission meeting, the
location of the access point and the parking lot (which affects light pollution) has been changed
without review. She noted these are challenging intersections already, the frontage road is
already dangerous, and in the winter it is an intersection that people slide through, so both
intersections need to be looked at, and future traffic needs to be considered. She stated that on
the website many more classes are offered than have been previously disclosed. Ms. Dones
expressed some concern that the USR is on two lots with different classifications. She said the
project needs landscaping to minimize impact on neighbors. In response to Commissioner
Kirkmeyer, she explained where the frontage road lies in relation to the site and reviewed the
options for the location of the parking lot. Mr. Yatabe noted for the record that Ms. Dones is the
Chief Deputy Assessor for the Weld County Assessor's Office. Ms. Dones submitted her letter
for the record. ta Jennifer Evans, County resident, said when they moved to Johnstown they
were concerned there were no gymnastics available and few sports opportunities. She talked
about what gymnastics has done for her daughter, and the family -like community of the facility.
She said increased traffic is offset by what the community is gaining. John O'Brien,
surrounding property owner, said he has two boys that are baseball players on Rex's Little
League Team and now they have to drive to Loveland or Longmont for indoor sports facilities.
Stephanie Meza, facility owner, said she's been in business for five years and spoke about
the benefits of gymnastics training. She has lived in Johnstown for 17 years and as a kid there
was not much to do. In response to Commissioner Kirkmeyer she reviewed the class schedule
and attempted to clarify the number of classes and kids coming and going. V.1 Brian Soya,
Parks Director of the Thompson Park and Recreation District and youth baseball coach, said the
district has been working on getting an indoor recreation center. In response to Commissioner
Kirkmeyer, he said the District is separate from the Town. la Adam Botterill, local resident,
said the community has grown a lot, both of his boys play baseball and he sees a huge need for
this, on a more competitive level, and especially during the winter months. He said he doesn't
see how this could be a negative. Ea Kaelyn Jorgensen, spoke in support, she referenced a
new development with 150 new homes; there will be more kids and thus the need for this type
of facility.
Rex Beall, Applicant, said they are 3rd generation family farmers, they want to leave most
of the farm as is. They plan on building three houses on the land, but keeping the farm active.
He said it was hard to find a good local place to enter his daughter in gymnastics and the
current facility is too small to do a full routine. He also mentioned there are no indoor baseball
facilities around, so this will meet that need as well. He stated, in regard to the fast track issue,
that he was not trying to go behind anyone's back; the reason he got an ag-exempt permit was
to get it started in order to move into the building as a residence in a timely manner. They then
changed their priorities and are still living with their in-laws. He said there may be 40 people a
day at the facility, but not every person is driving. He stated he did not think they were close to
the traffic trigger and paving will be very expensive for a start-up business. In response to
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Commissioner Conway, Mr. Buell clarified that there is a lot of carpooling, and cited there are
only six parking spots at the current location. He said there are lots of Greeley kids who
carpool. la In response to Chair Garcia, Mr. Czaplewski clarified the changes since the
Planning Commission meeting. He stated that pavement is too expensive, so they would need
to build an internal road, but if they do not have to pave, they would use the existing access.
Mr. Czaplewski addressed the location of the parking lot and the concerns in regard to light
pollution. He said they needed at least some parking near the door due to ADA requirements.
He said the lights will be somewhat blocked by current trees and seasonal hay bales, but he
would be open to additional mitigation with shrubbery. Commissioner Rademacher addressed
the access. He also noted it was unfortunate this project was started before being approved.
Commissioner Kirkmeyer, chided them for building prior to approval, but said these are things
that can be resolved. She encouraged the applicants to rebuild trust with their neighbors. In
response to Chair Garcia, Ms. Martin said the USR will cover two different parcels, but that can
be done. There was some discussion in regard to the two lots.
Commissioner Conway noted there was a divided vote in the Planning Commission, and
asked clarification of what was agreed upon in that meeting, and what has changed.
Mr. Czaplewski explained the chronology, and he said that as long as he commits not to trigger
the traffic limits then he should not have to pave, so if Condition of Approval #1.6 remains, they
will build the internal road instead. Ms. Carter said that in December 2012, at the pre -
application meeting, 150 trips were identified - which triggered a traffic study, although she was
informed that the applicant did not want to do it, one was called for. She said that is why
Condition of Approval 1.D came about. Ms. Carter also said staff did not receive a traffic
narrative until yesterday afternoon, and with these numbers they are beyond magnesium
chloride and pavement is necessary. She said they worked out moving the access so they
would only have to pave 300 feet. Ms. Carter expressed concern with the amount of traffic
mentioned during public comment and she made a strong recommendation that pavement be
required. In response to Commissioner Rademacher she explained the paving alternatives, but
said that approach due to the traffic potential does not seem cost effective, because they will be
well over the full pavement standard very quickly. Commissioner Kirkmeyer said she did not
see the point in paving only 300 feet. There was extensive discussion regarding traffic
numbers. Commissioner Conway said the applicants will have to abide by the triggers, but "we
don't want to kill the business before it starts". Commissioner Conway said the applicant will
have to abide by the triggers, and the numbers do not seem as high in reality as in the traffic
estimates.
El Commissioner Kirkmeyer recommended requiring the access to be 300 feet without
pavement. She said she does not feel internal roads are the safest alternative. At
Commissioner Rademacher's suggestion, Condition of Approval #1.D was deleted by assent of
the Board. Ms. Carter clarified that an approved access permit is already in place for the 300
foot location. At Commissioner Kirkmeyer's suggestion Condition of Approval #1.A was
amended to delete, installation details of all Best Management Practices (BMPs) to be utilized,
typical installation and maintenance notes for all BMPs to be utilized, and #1.C was amended,
by assent of the Board, by the deletion of everything after the word "collateral" to the period and
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the insertion of the word "off -site" between collateral for and improvements. J Condition of
Approval #1.F was deleted at the suggestion of Commissioner Kirkmeyer, by the assent of the
Board. Ms. Martin confirmed this Condition of Approval was added after the Planning
Commission Hearing. Commissioner Kirkmeyer addressed Condition of Approval #1.G.6,
saying that 50 parking spaces with two ADA seems excessive. Mr. Czaplewski suggested 35
parking spaces would be adequate, since the limit of persons onsite is 50. Commissioner
Kirkmeyer noted the parking lot is gravel. It was decided by assent of the Board to change 50 to
35 and delete everything in #G.6 after the word "required". Commissioner Kirkmeyer also
requested a sentence to read "There shall be no staging or parking on County Roads"; added
by assent of the Board.
El By assent of the Board, Development Standard #4 was amended, citing un-enforceability,
to end at the word "day" and delete the second half. In response to Commissioner Conway, the
applicant clarified their request for extended hours, from 4:00 a.m. - 11:00 p.m. was for
individual training, not classes or public events; Development Standard #3 was amended
accordingly by assent of the Board. Commissioner Kirkmeyer proposed an additional
Development Standard #22 be added, stating "The baseball fields shall not be lighted" -
approved by assent of the Board. In response to Commissioner Rademacher, the applicants
said they are comfortable with the current number of employees. Commissioner Kirkmeyer
noted that, although not mandated, it is strongly suggested the subdivision exemption be
vacated.
Mr. Czaplewski stated he and the applicant have reviewed, and agree to abide by the
Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of UFI Feeding, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0014, for a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (batting cages, gymnastics facility and baseball fields), provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. The motion
was seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 2:05 p.m.
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This Certification was approved on the 1st day of July, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld ounty Clerk to the Board
BY:
Deputy C
to the B
EXCUSED
William F. G
r
ougYas Rademacher, Pro -Tern
Sean P. Conway
e Freeman
Barbara Kirkmeyer
2013-1618
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