HomeMy WebLinkAbout20030526.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 4, 2003
A regular meeting of the Weld County Planning Commission was held Tuesday 2003, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
James Rohn '
Fred Walker Absent
John Folsom
Stephan Mokray ---i
Cathy Clamp
Bernard Ruesgen 0
Bruce Fitzgerald
Also Present: Don Carroll, Pam Smith, Char Davis, Robert Anderson, Chris Gathman
The summary of the last regular meeting of the Weld County Planning Commission held on January 21,
2003, was approved as read.
CASE NUMBER: USR-1412
APPLICANT: James Emmett III
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part SW4 Section 16,T5N, R66W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a
Veterinary Clinic and Kennel in the A (Agricultural)Zone District.
LOCATION: North of and adjacent to 28'"Street(US Hwy 34 Frontage Rd)
Sheri Lockman, Department of Planning Services, read into the record a request for an indefinite
continuance. The City of Greeley is attempting to annex the property at this time.
Bruce Fitzgerald arrived.
CASE NUMBER: USR-1413
APPLICANT: Navarro -Action Pursuit Paintball LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Parcels B & C of SE-745; part SW4 Section 14, T5N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Use by Right,
an Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (Commercial Recreational Facility - Paintball
Park).
LOCATION: North of and adjacent to Hwy 34; approximately 1/2 mile West of WCR 47.
Chris Gathman, Department of Planning Services presented Case USR-1413,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Cathy Clamp arrived.
Michael Miller asked for clarification with regard to the Fire Department. Mr. Morrison stated that there is no
uniform code that applies state wide or county wide. The statute indicates that the individual fire districts
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can request authority to enforce their own code based on the Uniform Fire Code within unincorporated
portions of each county by requesting that authority from the Board of County Commissioners. The
alternative is a convention of fire chiefs that recommend the uniform code which would be adopted by the
county but still enforced by the districts. Western Hills is portion of Union Colony that is outside City of
Greeley. They ask for authority to enforce their fire code which included language about setbacks from tanks
and wells. Merritt Energy stated, correctly, that restrictions can be placed only on Oil and Gas entities by
Oil and Gas entities. Local governments can place the restrictions on the setbacks. There is a resolution
appointing the building code Board of Appeals for the City of Greeley to hear appeals and variances from
the Uniform Fire Code as adopted by Union Colony. The bottom line is that Mr. Navarro will have to go to
the Board of Appeals and present evidence that the energy companies have no objection and neither does
the county. A variance from the restriction would be sought. Mr. Miller indicated that anywhere within
Western Hills where there are structures within 200-250 feet of a well head it would be a violation. This could
be a major job trying to correct all of the violations. Mr. Morrison agreed that it is their responsibility to
enforce the code not the county. Mr. Miller asked what could happen if the county approves the application
and a variance was not granted. Mr. Miller suggested the variance should have been secured prior to
coming before the Planning Commission. Mr. Morrison indicated that is up to the Fire District to enforce.
Chris Gathman continued with the presentation.
James Rohn asked for clarification with regard to the cemetery and the home for the applicant. Mr. Rohn
added that the area is historical and is this something that Planning Commission can approve for a home
to be placed on. Mr. Gathman indicated that this permit is for the Paintball facility not the home. It would
be dealt with at the building permit stage. Mr. Navarro can apply for the residence because it is a use by
right in the agriculture zone district.
Stephen Mokray asked about the parking with relationship to the cemetery. Mr. Gathman indicated the
cemetery will not be affected. Mr. Rohn disagreed indicating the historical area on this property and the
whole property is a part of the application for the USR. It should be marked off on this plan if they do not
want to include this in the USR. Mr. Gathman indicated he has attempted to contact the historical society
regarding this issue. He will find out whether or not the cemetery is designated as a historical landmark.
It could be added as a condition of approval for prior to scheduling. Mr. Rohn wants to save the historical
place.
Cathy Clamp asked Mr. Carroll about the height of the building being and impairment from the side of the
road and if there were going to be any issues of getting on and off property. Mr.Carroll indicated that CDOT
stated the access and the site triangle were reviewed and there were no issues brought forth.
James Rohn referenced the Carlson's letter asking about overnight camping. Mr. Gathman indicated that
the application is changing to an indoor facility and a condition of camping can be added but the issue has
been resolved.
John Folsom asked for clarification with regard to the play areas and be inside the building. Mr. Gathman
indicated all the playing areas were inside. Mr. Folsom asked about Merritt Energy requesting a fence
around their facilities. Mr. Gathman stated that there is a condition of approval for this. Mr. Gathman
indicated that the applicant has an agreement with Merritt Energy. Mr. Folsom asked if the site could be
used for the activity prior to the building being completed. Mr.Gathman indicated there is no activity unless
building is completed.
Anthony Navarro, applicant, provided additional information with regard to the project. There is the need
for activities like this in the area. There is lost revenue to Denver and surrounding areas. This provides
outlets for energy for young adults. All of the activities will be inside. Mr. Navarro provided orientation
pictures for the area. With the building being utilized this alleviates all of the concerns that were brought
forth in the previous meeting. Mr. Navarro provided information and clarification on the issues that were
brought up at the last hearing and the ways that each were addressed. The building will limit the growth
possibilities of the facility. It can only hold so many participants and spectators. All trash will be confined
to the building. The building will not be in any direct line of site from any residence in the surrounding area.
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Mr. Miller asked for clarification with regard to the bleachers. Mr. Navarro indicated that the bleachers will
be five tiered and approximately 25 feet long. Mr. Navarro presented pictures of the entrance onto Hwy 34
showing the sight line. The building will only be in Mr.Carlson's view until the residence is built. Mr. Navarro
indicated that the cemetery site has been moved three to five times since the death of the individuals. The
location of the burial site has been relocated during the widening of Hwy 34. There is also an agreement
between the applicant and Merritt Energy.
James Rohn asked about the cemetery being moved and if there is documentation. Mr. Navarro indicated
that he can get the information and proof that the site has been moved several times.
Cathy Clamp asked about the tournaments and if they were going to be full weekend and if camping was
going to be allowed. Mr. Navarro indicated that the tournaments take place in eight hours. If it is a two day
event the participants will need to attain accommodations. There will be no camping on this site at all.
Mr. Navarro added that the sign that is currently located at the ninth street store would like to be located at
this site. There will be no wildlife disturbance due to the building.
Stephen Mokray asked about the restroom facility. Mr. Navarro indicated that the restrooms will be built at
the same time. Port a potties will be used during construction. Mr. Navarro added that during large events
they will require port a potties. Mr. Mokray asked about landscaping. Mr. Gathman indicated that screening
and landscape will be submitted. Mr. Navarro added that limiting the landscaping to the parking is a good
idea.
Anthony Navarro added that he has shown the concerns for the neighbors was taken to heart and addressed
them.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ed Carlson, neighbor, indicated his concerns with the cemetery and the entrance onto the highway. The
cemetery was a lower and off to the south when the original Hwy 34 went around the corner. It was moved
up to the north on the bluff. It was not disturbed in the recent widening of Hwy 34 in 1991. The cemetery
has dates back to 1861. There is plenty of historical value but is not designated as a historical landmark.
It would take a great deal of criteria before it can be moved. The property values will decrease due to the
commercial aspect of the application. Surrounding owners moved to the country to escape that. The traffic
will be affected due to the speeds on the highway. The traffic will also affect the people on CR 18 looking
to the east and coming down the hill. The traffic will be affected more than people realize.
Larry Johnson, neighbor, indicated his concerns with the project. CDOT would not give them access so the
traffic will increase numerously. The traffic study does not include spectators. With both locations in
operation are there going to be people going back and forth between sites. This facility will have more
participants and people. This is a commercial business that will cause increase in this kind of traffic. Where
are the people going to park? What happens when it grows and where is everyone going to go? What is
the storage situation? What is the reason for having the facility open at 8:00am when everyone needs to
be signed in by 10:00am? This is 13 hours of operation. Mr. Navarro wanted to have this operation located
close to the other facility so that events could be running at the same time. What is the status of the
overnight camping? Mr.Johnson does not want to see any alcohol, no Sunday operation and limited hours
of operation. The main concern is traffic in the area and no matter what happens it will increase. Mr.
Johnson stated, "he feels that Mr. Navarro bought the property and is stuck with it, paid to much for it and
now this is what he wants to do with it." He feels that this is an inappropriate place for this type of operation.
What is the status of building in a flood zone? This would be something that would disrupt the area and be
a traffic hazard.
Laurie Villumsen,is in favor of the project. She would like to point out the positive tone that Mr. Navarro has
taken in addressing the neighbors concerns. Ms. Villumsen indicated that Mr. Johnson walked out of the
neighborhood meeting indicating that he would be against this no matter what compromises were made.
The area is not being farmed and with being in the flood plain it is a business that can take advantage of this
type of land and bring revenue to the city. With the big games and tournaments there will be individuals
from out of state that will patronize the local businesses for food, accommodations and anything that is
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needed.
Susie Johnson, neighbor, the grave is a state cemetery according to the National Historical Society in
particular Dale Heckerdorn. It was relocated in 1926 because of the highway. She does not want it because
of the effect on the property, the surroundings and the neighbors.
Dick Lookhart, neighbor, stated his concerns with the height of building and the traffic issues. The height
of the building will block the view onto the highway. The traffic does not always obey the speed limit. Mr.
Lookhart stated,"he went out and bought this land with the idea he was going to develop it before he did his
research, in fact, he tried to convince everyone that the tubes were floatation devices. I have never seen
a culvert float." They have come loose and ended up in the ground that they leased. There is a concern with
the traffic and the number of people for the parking. Mr. Lookhart indicated that he has had some issues
with the other site and the control of the participants. Mr.Lookhart stated,"personally he thinks it is an urban
mentality that is the problem." The area is basically agricultural in nature. Mr. Lookhart feels that this is a
big smoke screen. Mr. Lookhart stated,"It is an urban mentality when people move out of the city and come
to the country. They expect everyone to conform to their way of thinking and I don't believe that is right."
Cheryl Lookhart, neighbor,stated her concerns that the people will be inside the building during the whole
event. There will be no noise from the property. There will be nothing heard from the surrounding area.
These are going to be college kids and high school kids. These people don't think like adults,they are going
to be kids. How are they going to keep these people contained? Will there be someone there to police these
people to make sure that they are doing what they are suppose to be doing? Who is going to police the two
different sites? There has been incidences in which people have gotten onto their property. They do not
always listen. The area will not be developed due to the fact that the surrounding owners want to be in the
country and want to keep it that way. The property that this site will be on has value and is not useless. If
something happens to Mr. Navarro what will become of the building? Where are the septic tanks and leach
fields going to go? There may not be room in the area for them. What will be done to prevent the drinking
of alcohol o n the site? T he traffic a lone w ill affect the I ivestock i n t he a rea. D efinitely oppose this
application.
Mike Green, neighbor, indicated he has no complaint since it is in a building and has no issues. Mr.Green
stated he appreciates Mr. Navarro's time and effort. The property did not have many uses and this use may
be one of the best ones that could be placed on it.
Daryl Call, indicated that property rights are something good. Entrepenueral spirit is also something to
admire. Mr.Navarro has listened to the neighbors and tried to strike a reasonable balance. Mr. Navarro has
taken on the task of providing the kids some type of recreational activity. There will be continued
development and these types are inevitable. They have a significant impact on the entire region. Mr.
Navarro wants to operate this in a responsible way.
Chair closed public portion
Mr. Navarro provided clarification with regard to the issues that were brought forth in public comments. The
building is not any obstruction from the Carlson's. The cars show up in the morning due to the fact that if
they are not signed in at the appropriate time they will not be entered into the event. Therefore, there will
not be a constant stream of cars entering the premises. There will be no one that would walk between the
two sites because of the distance. The paintball parks are self sustained. Everything that is needed will be
brought at one time to the area. More staff has been hired to maintain and keep control. There has not been
an injury at the site due to the fact that so much pride is taken into the operation of the events and area. The
hours of operation are the norm. The ability to grow is limited to what the building can maintain and no more.
The maximum number currently is 98 people and growth will be a maximum of 150. There have been
instances in which people play on the land that are not part of the event, they are removed from the site.
During the hours of operation the area is controlled by the employees. Referees are at both sites. The
operation is professional and safe.
Cathy Clamp asked about Development Standard #11 and the limitation of players to 80 during normal
operation. Does this include spectators. Mr. Navarro stated this just players. The bleacher space really
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limits the number 150 for both spectators and players. Ms. Clamp asked if a change could be made to
reflect the maximum number of people on the site to 150. Mr. Navarro stated that a compromise of 175 total
participants and players would be more than acceptable.
Stephen Mokray asked about the number of spectators that were at these events. Mr. Navarro indicated it
was 10-20 percent. Mr. Navarro indicated that there will be bleachers that are 5 tiered and approximately
20-25 feet long.
James Rohn asked Mr.Gathman if something could be done about the cemetery and see that it is protected
as a historic value. Something could be added under prior to recording the plat. Ms. Clamp indicated that
it does not have anything to do with this building it is for placement of the future home. Mr. Rohn stated that
it is included in the USR and this includes the cemetery area, therefore, it affects the USR. Mr. Morrison
stated that the lines of the USR includes the area of the cemetery. It does not have to include the area but
it does at this time. Mr. Miller asked how the applicant can move a cemetery to build a home. Legally what
is the position. It would be very costly and difficult to achieve. Mr. Morrison stated he does not know if it
has any particular designation or not but it can be moved. They are frequently moved but the appropriate
steps need to be taken. Mr. Miller asked if the Planning Commission has the authority to preclude Mr.
Navarro from doing anything with the cemetery because it is part of the map. Mr. Morrison indicated it is
included in the map therefore it makes it a part of the application. A final decision cannot be given without
some research into the issue. Mr. Navarro verified that there is a red marker that has a small box of
remains. The whole area is blocked off by a five foot by five foot fence. Mr. Rohn indicated that the USR
map could be amended to subtract the future home site or a recording to the plat. Mr. Miller suggested that
the status of cemetery be cleared up prior to the Board of County Commissioners Hearing. Ms.Clamp asked
if it would be appropriate to request that a survey be done or archeological review study be done by the
Historical Society to determine what the significance it has.
Michael Miller asked Mr. Carroll about the access to this site being a main concern and how is there going
to be turn ins. Mr. Carroll stated that CDOT is working with the applicant utilizing excel and decel lanes.
The site distance triangle is adequate and CDOT will work with the applicant. Parking is addressed and
overflow is the only thing that needs to be addressed further. It will need to be shown on the plat. There will
be no staging or parking on Hwy 34. Mr. Miller asked if it is safe for the left turn lane. The lack of concern
on CDOT's part indicates that they are not considering this to be a big issue. Mr. Carroll stated that is the
impression he is getting. Public Works cannot tell CDOT what to do on their system.
Michael Miller indicated that Mr.Navarro needs to be commended for the guts to take on something like this.
There is a definite need for something for the kids to do. There are several obstacles that are in place and
the persistent to accomplish this is admirable. If kids do not have a place to go then is when they get into
trouble. Mr. Navarro has made significant effort to alleviate the concerns of the neighbors. Mr. Miller has
concerns about the traffic but CDOT does not seem to think it is a large issue. The only thing is that the
cemetery be respected. Mr. Miller feels that all the concerns from the last meeting have been satisfied.
Cathy Clamp moved to add language in Prior to Scheduling 1 B. The language consists of"The applicant
shall provide a scaled ap showing the actual boundaries of the historical Latham Cemetery as well as the
best information available from the appropriate historic society a s to the number of graves presently
existing." James Rohn seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
Chris Gathman asked for clarification with regard to the information and if it was not obtainable then the
applicant needs to have some recourse. Mr.Gathman suggested adding," or the applicant shall contact
the Colorado Historical Society regarding the Lathamview Cemetery. If it is determined that issues and
conditions need to be addressed in regards to the cemetery the applicant shall either supply an agreement
with the Colorado Historical Society or evidence that an adequate attempt has been made to address their
concerns."
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James Rohm moved to have the last half of the last sentence removed. Mr. Gathman indicated that if the
applicant cannot get an agreement it would give the applicant no way of moving forward with the application.
Ms. Clamp asked if the boundaries can be changed to the USR.
James Rohn moved to add the language from Mr. Gathman striking the last part of the last sentence and
changing it to, "or change the boundaries of the USR." There was no second.
Bernie Ruesgen moved to adopt the above language from Mr. Gathman. Stephen Mokray seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
Bryant Gimlin moved to insert Development Standard#10 and renumber. The language will consist of,"no
overnight camping will be allowed withing the permitted area." Bruce Fitzgerald seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
John Folsom commented he has a definite concern with the line of site but the wisdom of CDOT will be
accepted.
Cathy Clamp moved to amend Development Standard #11 to read, "the maximum number of occupants
allowed shall be 160 during normal operations." Mr. Gathman asked for clarification with regard to 80
players during normal operations and under Development Standard #13 the tournaments shall have a
maximum number of 150. Ms.Clamp indicated that she is including spectators not just players. Ms.Clamp
indicated she was trying to cover all bases with regard to the maximum number of people including
spectators and participants. Mr. Ruesgen asked for clarification with regard to the capacity of the building.
Mr. Anderson indicated that this is a U occupancy which does not rate human capacity.
Cathy C lamp m oved to a mend Development Standard #13 to read, "At n o t ime s hall t he n umber o f
occupants on the property exceed 175."
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
Bryant Gimlin added that the line of traffic will be going to Greeley. It seems as though most of the traffic
will be going towards Greeley. There would be a much larger concern if more were going to be headed east
onto Hwy 34. CDOT has the knowledge and is the better source of information and determination
Bryant Gimlin moved that Case USR-1413,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Cathy Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
Bernie Ruesgen commented that the all parties involved continue to work together,put aside personal biases
and work together to come up with viable solutions to issues that might arise.
CASE NUMBER: USR-1414
APPLICANT: Central Weld County Water District
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Part NW4 Section 6,T4N, R64W of the 6th P.M.,Weld County, Colorado.
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REQUEST: Site Specific Development Permit and Use by Special Review for a Major
Facility (2.8 Million Gallon Water Storage Tank)of a Public Utility of Public
Agency.
LOCATION: East of and adjacent to WCR 49; approximately %mile South of WCR 50.
Robert Anderson,Department of Planning Services presented Case USR-1414,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. Mr.Anderson recommended
a change to 4A consisting of "The applicant shall apply for and receive a variance of the Weld County
Agricultural Zone District bulk requirements as addressed in section 23-3-50C of the Weld County Code."
Cody Wooldridge,Central Weld Water District,the reason for pouring the foundation is that the existing tank
site was pre platted for an existing tank. It was done prior to the Use by Special Review. There is an
existing site and the piping and the valves did not allow for the movement of the tank any further east and
north. There is a 75 foot off set to the north so the county road will not be impacted. It was plated for
additional sites.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Stephen Mokray moved to add the corrections made by Mr.Anderson on 4A and correct numbering. Bernie
Ruesgen seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
Stephen Mokray moved that Case USR-1414, be approved along with the Conditions of Approval and
Development Standards with the Planning Commissions recommendation of approval. Bryant Gimlin
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
Meeting adjourned at 4:00pm
Ref pectfully submitted
Voneen Macklin
Secretary
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