HomeMy WebLinkAbout20110793.tiff HEARING CERTIFICATION
DOCKET NO. 2011-17
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1770 FOR A COMMERCIAL RECREATIONAL FACILITY IN THE A
(AGRICULTURAL) ZONE DISTRICT- H. GORDON JOHNSON, C/O GREG JOHNSON
A public hearing was conducted on March 23, 2011, at 10:30 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Heidi Hansen
Public Works representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 11, 2011, and duly published
February 16, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of H. Gordon Johnson, do Greg Johnson, for a Site Specific Development Plan and
Use by Special Review Permit #1770 for a Commercial Recreational Facility (baseball field) in
the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and provided a brief description of the site and the surrounding land uses. Mr. Gathman stated
the nearest single-family residences are located to the north of the subject property, with the
nearest residence being located approximately 700 feet to the north; each of these residences
utilize a different access road onto County Road 49, rather than a shared access with the
subject property. He stated the baseball field is a seasonal use and will not be used after dark.
Mr. Gathman indicated nine (9) referral agencies reviewed the proposal and only six (6)
responded with comments. He stated two (2) letters of support were received from surrounding
property owners, and one (1) letter was provided by School District RE-1. He stated the site is
not located within the three (3) mile referral area of any municipality. Mr. Gathman referred to
Development Standard #5, regarding the number of visitors allowed on the site, and stated the
Department of Planning Services worked with the applicant to include, well above, the number
of visitors listed on his application. He also displayed photographs of the site and surrounding
properties.
In response to Commissioner Rademacher, Mr. Gathman stated the applicant was considering
building another facility on an adjacent lot; however, the current application is only for the
baseball field. In response to Commissioner Conway, Mr. Gathman stated more than 75 people
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at the site would be a violation. He added this Use by Special Review (USR) was initiated by a
concern for students accessing County Road 49.
Heidi Hansen, Department of Public Works, stated County Road 49 is an arterial road, which
requires 140 feet of right-of-way at full buildout. Ms. Hanson stated a traffic count of 3,208
vehicles per day was conducted back in July, 2010. She added County Road 46 is a local
gravel road, which requires 60 feet of right-of-way at full buildout, and has a traffic count of 329
vehicles per day, as of November, 2008. Ms. Hanson stated there are two (2) accesses to the
site; one from County Road 49 and the other from County Road 46. She added there have
been concerns that high school students were driving on County Road 49; however, the
applicant stated that students arrive at the property by riding a school bus, which takes County
Road 46 to access the baseball field. Ms. Hansen indicated the majority of traffic is on the
weekend or off hours. In response to Commissioner Rademacher, she stated there is a Dust
Abatement Plan on County Road 46, due to the traffic levels.
Lauren Light, Department of Public Health and Environment, stated the applicant was
concerned about the number of portable restrooms for the facility, which is addressed in
Development Standard #13; however, she stated this is a typical condition for events. She
recommended Development Standard #13 be amended by replacing the words, "adhered to as
a minimum" with "a guideline." In response to Commissioner Conway, Ms. Light said the
Stanford Event and Labor Services Portable Toilet Chart determines the number of portable
restrooms that will be necessary for events, based on the number of people in attendance and
the length of the event. She stated, for instance, if you have fifty (50) people in attendance at
an event for six (6) hours, six (6) portable restrooms would be required. Ms. Light added the
applicant has submitted Dust Abatement and Waste Management Plans. In response to
Commissioner Conway, Ms. Light stated that Development Standard #14 covers concession
stands, and there would be no problem if a high school booster club would like to sell items at a
concession stand.
Greg Johnson represented the applicant and provided background information about the subject
property. Mr. Johnson stated in 2001, his son wanted to play wooden bat baseball in the fall,
and he approached surrounding baseball fields in the area, and asked if they would be willing to
open them for a fall season, and no one wanted to do so. Mr. Johnson said they were building
the baseball field when September 11th happened, and Channel Nine (9) News did a piece on
it. Mr. Gathman inserted a VHS tape and played the news segment for all in attendance (CD
copy is included in the file as Exhibit G). The segment referred to the subject property as a
Field of Dreams in the middle of nowhere and stated that teams from all over the metro area
have played at the field. Chair Kirkmeyer commented on the nice piece and thanked Mr.
Johnson for sharing it.
Mr. Johnson said he does not charge the kids to use the facility; however, word got out about
the baseball field, and he started charging adults to use the facility, to help defray the operating
costs. He stated he covers the expenses for the kids and donates his time, because this is a
hobby. He added he probably loses approximately $10,000.00 to $15,000.00 per year
operating the facility, but does not mind, because he loves what he does. Mr. Johnson stated
he has been told the facility is a major league quality baseball field. He stated that in
November, 2010, Andy Martinez, Mayor of LaSalle, filed a complaint about the traffic on County
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Road 49. Mr. Johnson asserted that LaSalle students are not going to drive on County
Road 49, since the School District busses them from Gilcrest by taking the back roads. He
added, before the bus started bringing the students to the field, the students were driving their
personal cars from Gilcrest to LaSalle on U.S. Highway 85 to access the facility. Mr. Johnson
presented two (2) exhibits showing accident and death highway statistics on County
Road 49 compared to U.S. Highway 85. He stated, according to these statistics, U.S.
Highway 85 is more dangerous than County Road 49. Mr. Johnson stated he believes the
complaint from Andy Martinez originated because Mr. Martinez was losing the right to host high
school baseball games and tournaments, due to the poor condition of the Town's ball field.
Mr. Johnson stated that this USR process hasn't cost anyone money, other than himself;
estimating he has paid approximately $3,600, plus the time he spent filling out paperwork and
meeting with the Department of Planning Services. He stated if this facility was in a different
county, they may have had a mill levy to pay for it, but since it's in Weld County, he feels like he
is being penalized for something he has donated to help the kids. He stated he has received
numerous letters of support and the one (1) letter of complaint from LaSalle Mayor, Andy
Martinez. He recommended that complaints should be investigated by the County before
property owners are required to go through the USR process.
In response to Commissioner Rademacher Mr. Johnson stated he does not think adults will be
playing on his baseball field very much this year, because he does not want to work on
Sundays. In response to Commissioner Garcia, Mr. Johnson stated the dimensions of the
baseball field and ceiling heights of the dugouts. He added they have a few other events at the
facility throughout the year, including a rocket launch for the Cub Scouts, and a church picnic.
Mr. Johnson referred to Development Standard #20, which does not allow overnight camping at
the site. He stated the Boy Scouts usually pitch tents on Friday night and leave on Sunday,
there are approximately 30 kids, and he has never charged them to use the facility. He added
he has never had more than 75 people at the site. In response to Commissioner Conway,
Mr. Johnson stated, other than the adult league, he has never charged the Cub Scouts, School
District, Boy Scouts, or church.
In response to Commissioner Garcia, Mr. Gathman explained that public recreational facilities,
including swimming pools, golf courses, etcetera, operate under the direction of a government
agency or non-profit corporation; therefore, an application made by a corporation or LLC is
classified as a Use by Right. He added that although this facility is non-profit, they have
charged for adult use, which is what triggered the USR, even if it is only to cover expenses.
Dr. Jo Barbie, Superintendent of School District RE-1, stated she thinks this situation initiated as
"sour grapes" from the Town of LaSalle. Dr. Barbie stated School District RE-1 pulled its
softball program out of LaSalle and brought it to Platteville; Mr. Johnson approached her and
donated the use of his ball field to the School District. She stated that School District RE-1 is
currently bussing the athletes to the facility and taking the back roads to access the property, so
it does not impact County Road 49. Dr. Barbie added the School District also charges a gate
fee and displays advertising at the site. She stated the School District would like to play on this
field for the next four (4) or five (5) years, and hopefully, by then, they will have their own
baseball field in Gilcrest.
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In response to Commissioner Conway, Dr. Barbie stated at the time of the complaint, School
District RE-1 wasn't using the field. She stated she is unaware of any players driving
themselves to the facility. She reiterated, since the beginning of the season, the students and
athletes are required to ride the bus, which uses the back roads to access the property. She
stated the complaint was illegitimate, because the School District was not having games at the
facility at the time of the complaint.
There being no further comments, Chair Kirkmeyer closed the public testimony portion of the
hearing.
In response to Chair Kirkmeyer, Mr. Johnson stated he is concerned about Condition of
Approval #1.C.7, regarding identifying the locations of the scoreboard, bleachers and
concessions on the plat, and he suggested the deletion of "bleachers" from the same item. Mr.
Gathman stated he does not want to create a problem for the applicant in the future, and
recommended a note be written on the plat, indicating there will be a scoreboard, bleachers,
and concession area on the property. After further discussion, it was determined to modify
Condition of Approval #1.C.7 to state, "A scoreboard, bleachers, and concession area shall be
indicated on the plat."
Mr. Johnson also referred to Condition of Approval #3, stating that in 2000, he went through this
process for the mobile homes on the site, and inquired whether he has to go through the same
process once again. Mr. Gathman stated that back in 2000, this mobile home was granted a
Certificate of Compliance (COC), which the County no longer issues; however, instead of
having a COC, the applicant will need to fill out an application for a zoning permit, which is
simply a tracking tool and free of charge. He added the application is a one page form. Mr.
Johnson suggested the remainder of item #3 be eliminated, as well. After further discussion, it
was determined to delete Condition of Approval #3.
Next, Mr. Johnson requested Development Standard #4, regarding the hours of operation, be
modified to, "from dawn until dusk." The Board concurred with this modification. Mr. Johnson
stated he is also concerned about Development Standard #20, regarding overnight camping.
Chair Kirkmeyer stated this language in included to ensure there won't be recreational vehicles
(RVs) parked at the site, which would impact the neighbors. In response to Commissioner
Rademacher, Mr. Gathman stated the Boy Scouts and church would be considered a Use by
Right. Mr. Barker referred to the Leahy Family Farm USR, which does not allow them to camp,
except what is pursuant to the use allowed in the USR. He stated this requirement is consistent
with other USRs. Mr. Barker stated he can create verbiage that would allow those occasional
types of camping without having to do anything further. In response to Commissioner Conway,
Mr. Johnson stated he has never had a problem with adults bringing RVs to camp on the site.
He added the only people that have camped on the site are the Boy Scouts, Cub Scouts and his
kids. After further discussion, the Board decided to delete Development Standard #20.
Then, Mr. Johnson inquired about Development Standard #24, stating the facility is his personal
residence and he is more than willing to let County staff inspect the property, with prior
permission. Chair Kirkmeyer recommended Mr. Barker draft verbiage about providing the
applicant with advanced notice. Commissioner Rademacher said providing prior notice should
be standard language for USRs. In response to Commissioner Rademacher, Chair Kirkmeyer
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stated providing prior notice may work, but not for all situations (i.e. a solid waste facility);
however, for the baseball field, providing advanced notice is acceptable. After further
discussion, the Board decided to amend Development Standard #24 to the verbiage provided
by Mr. Barker in Exhibit H following the hearing.
In response to Commissioner Rademacher, Mr. Johnson stated he was informed by the
Planning staff, if he operated the facility for more than six (6) months as indicated in
Development Standard #3, it would create problems. He stated he would like the kids to have
the ability to play baseball until November. In response to Commissioner Rademacher,
Mr. Gathman stated the issue is the requirement for a septic system versus the portable
restrooms for a temporary use. Chair Kirkmeyer stated the use is not continuous and occurs
only on certain days and times. The Board agreed to delete Development Standard #3,
regarding the months of operation for the facility.
Commissioner Rademacher inquired how the County is going to enforce Development
Standard #5, regarding the maximum number of visitors at the site, and stated he isn't sure
whether it is applicable. Commissioner Conway stated if the Board strikes this item, he does
not want there to be any unintended consequence to the applicant in the future. Mr. Barker
stated if the number of visitors exceeds 350, a Temporary Assembly Permit will be required.
After further discussion, the Board decided to amend Development Standard #5 with new
verbiage provided by Mr. Barker in Exhibit H following the hearing.
In response to Commissioner Conway, Ms. Light stated no one would be able to file a complaint
against the applicant regarding the number of portable restrooms at the site, since the words
"adhered to as a minimum guideline" were replaced with "be a guideline," in Development
Standard #13.
Chair Kirkmeyer recommended deleting any reference to "baseball field" throughout the
document to ensure there are no compliance issues with the other occasional uses that take
place at the site.
Responding to Chair Kirkmeyer, Mr. Johnson stated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Rademacher moved to approve the request of H. Gordon Johnson, c/o Greg
Johnson, for a Site Specific Development Plan and Use by Special Review Permit#1770 for a
Commercial Recreational Facility 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 and amended into the record. His motion
also included modifying Condition of Approval #1.C.7, to state, "A scoreboard, bleachers, and
concession area shall be indicated on the plat.", eliminating Condition of Approval #3,
eliminating Development Standard #3, modifying Development Standard #4 by
replacing "9:00 a.m., until dusk" with "dawn until dusk," modifying Development Standard #5 to
state, "The property owner shall apply for, and be granted, a Temporary Assembly Permit
pursuant to the requirements of the Weld County Code in order to have more than 350 persons
attend events on the property.", modifying Development Standard #13 by replacing the phrase
"adhered to as a minimum guideline" with the words "a guideline," deleting Development
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Standard #20, amending Development Standard #24 by adding "Upon reasonable prior notice
given to the property owner," to the beginning of the sentence, renumbering as appropriate, and
eliminating any reference to "baseball field" throughout. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:30 a.m.
Commissioner Conway stated this facility has operated for ten (10) years, it has benefited
thousands of kids, and he expressed frustration and disappointment with the actions taken by
the Town of LaSalle. Commissioner Conway added he realizes staff is doing their job; they
received a complaint and had to follow up on it. Commissioner Conway stated this facility is not
a commercial venture; however, he voted in favor of the USR permit to protect the applicant.
Commissioner Garcia stated he agrees with Commissioner Conway and thanked Mr. Johnson
for providing the beautiful facility
Chair Kirkmeyer thanked the applicant for sharing his video with the Board and commended him
for providing a great community service to the children and adults in the area.
Commissioner Conway stated it is very rare for the Board to waive fees for projects; however,
this project merits a waiver, because it has benefited thousands of kids by getting them away
from gangs and off the street from bad influences. Based on those comments, Commissioner
Conway moved to waive the USR permit fee of $2,500. The motion was seconded by
Commissioner Garcia and it carried unanimously.
Commissioner Garcia stated this is a very distinct situation and, while this is a non-profit
organization, they are engaging in an activity for the betterment of the community, which does
not generate a source of income for the applicant, which is why he supports a waiver.
Commissioner Long stated recreation is a great outlet for the youth of our community and he
recommended a work session to discuss the issue of modifying the application requirements for
similar private non-profit uses.
Commissioner Garcia stated County staff did everything they are required to do, and the fee is
tied to the time the staff spent on the project.
This Certification was approved on the 28th day of March, 2011.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COJ[ORADO
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EXCUSED DATE OF APPROVAL
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1770 - H. GORDON JOHNSON CIO GREG JOHNSON
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated March 1, 2011)
D. Planning Staff BOCC' Sign Posting Certificate
E. Thomas Gallegos Letter of Support, dated March 18, 2011
Greeley Tribune article regarding Interstate 25 and U.S.
F. Applicant Highway 85, dated February 22, 2011
G. Applicant Channel 9 News Segment on CD
H. Bruce Barker E-mail from Bruce with Verbiage
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