HomeMy WebLinkAbout20030670.tiff HEARING CERTIFICATION
DOCKET NO. 2003-30
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1413 FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL
RECREATIONAL FACILITY - PAINTBALL PARK) IN THE A(AGRICULTURAL) ZONE
DISTRICT -ANTHONY NAVARRO
A public hearing was conducted on April 23, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 4, 2003, and duly published April 10, 2003,
in the South Weld Sun, a public hearing was conducted to consider the request of Anthony
Navarro for a Site Specific Development Plan and Use by Special Review Permit#1413 for a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (commercial recreational facility- paintball park) in the A (Agricultural)Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris
Gathman, 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.
Mr. Gathman gave a brief description of the location of the site, and stated a limited portion of
the property is within the floodplain and floodway of the South Platte River. He gave a brief
description of the surrounding property uses, and displayed photographs of the surrounding
area. He stated 14 referral agencies reviewed this proposal, 13 responded favorably or
provided comments which have been addressed through the Conditions of Approval and
Development Standards, and the Colorado Department of Wildlife did not respond. Mr.
Gathman stated the applicant originally proposed an outdoor paintball facility; however, due to
concerns raised by the public and the Planning Commission, the applicant has submitted a
revised application, submitted a traffic study that has been reviewed by the Colorado
Department of Transportation (CDOT) and the Department of Public Works. He stated two
letters from surrounding property owners have been received by staff expressing concerns
regarding disturbance of wetlands, appearance, trash, decreased property values, and negative
impacts on the Latham Cemetery. He explained the applicant has revised the boundaries of
the Use by Special Review Permit to exclude the grave site from the permit boundary. He
stated the Department of Planning Services is requiring a detailed Landscaping Plan to address
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screening from the adjacent properties, which will also be addressed in an Improvements
Agreement which must be reviewed and approved by the Board of Commissioners prior to
recording the plat. He further stated the facility will be approximately 140 feet from an existing
tank battery; however, the minimum setback is 200 feet. Mr. Gathman stated the applicant has
entered into an agreement with the oil and gas operator to ensure no paintball activities are
conducted within 150 feet from the oil and gas facilities, and a Condition of Approval has been
added which requires adherence to all setback requirements of the Merit Energy Company. He
referred to a letter from the Union Colony Fire Protection District, dated January 29, 2003,
requiring a 300-foot minimum separation from the proposed building and the existing oil and
gas facilities. He stated the County Attorney has advised that the Colorado Oil and Gas
Commission does not have jurisdiction and a reduction can only be granted by the local fire
protection district. He clarified that the proposed building will be located out of the floodway to
the north, and the parking area will require grading and fill work, approved by the Corp of
Engineers, to elevate it out of the wetland area. He stated CDOT will be requiring a new
access permit for this use and, if warranted, the applicant may be required to restripe U.S.
Highway 34 to accommodate turning activities. Mr. Gathman stated the applicant has indicated
he may relocate the 800-foot storage portion of the building to the southwest corner of the
building to accommodate setbacks. In response to Commissioner Geile, Mr. Gathman stated
all paintball activities will be inside the building. Responding to Commissioner Jerke, Mr.
Gathman stated the application was submitted in October 2002, prior to adoption of the new
Comprehensive Plan, so prime agricultural land still applies to this case.
Don Carroll, Department of Public Works, stated if the applicant directly accesses the State
Highway, the road impact fee will not be charged. Mr. Morrison added depending on the
application date, the new County-wide Road Impact Fee may not apply. Responding to
Commissioner Jerke, Char Davis stated the site will be serviced by an engineered septic
system, and the system's capacity will be evaluated based on the amount of patrons and the
number of days the site is in use. Mr. Carroll reiterated CDOT is requiring a new access permit
and restriping for a left-turn lane. He stated Development Standards #7, #8, and #9 address
the maintenance of the access, which will have an all-weather surface; require curb stops; and
prohibit staging or parking on U.S. Highway 34. He further stated there is 1.2 acres which can
be utilized for parking, and will provide a minimum of 50 parking spaces and meet the
necessary Americans with Disabilities Act (ADA) parking standards. Responding to
Commissioner Geile, Mr. Carroll stated the parking lot will have a gravel surface.
Anthony Navarro, applicant, stated this proposal will create jobs and generate a taxable use on
property which is currently not very valuable. Responding to Commissioner Geile, Mr. Navarro
confirmed no paintball activities will be conducted outdoors, and the indoor arena will have an
area for spectators to sit and watch. He further stated, if approved, they must address the
requirements of the City of Greeley, which he feels can be accomplished. Mr. Navarro stated
he intends to go through the appeals process regarding the setback policies because the oil
and gas operator granted permission to be within the setbacks. However, there have been
conflicts between the requirements of the Oil and Gas Commission and the Union Colony Fire
Protection District, which requires a setback of 350 feet. He stated the process has been very
frustrating because each time they meet the designated requirements, the requirements have
been changed. He further stated the appeal will be done prior to commencing building, and if it
is not granted they will have to re-evaluate the proposal. Mr. Morrison stated the applicant can
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finalize the permit with Weld County; however, the Union Colony Fire Protection District does
have enforcement authority regardless of whether the use is allowed under a Use by Special
Review Permit. Responding further to Commissioner Geile, Mr. Morrison stated it will not be
considered a substantial change if the appeal process results in a smaller building; however,
relocating the structure could potentially be considered a substantial change.
In response to Commissioner Vaad, Mr. Morrison stated the Board of Health does have the
authority to order the removal and relocation of a grave site if there is evidence that it has been
abandoned, creates a nuisance or health problem, or is being vandalized. He stated the issue
regarding the grave site is not formally in front of the Board today, and State statute does not
indicate what action should be taken by a private property owner who wants to relocate a grave
to allow for the placement of a home. Mr. Navarro stated the grave is in the southeast corner of
the property, and that area has been removed from the Use by Special Review Permit boundary
so it should not hinder this process. However, the matter will likely be back before the Board at
a later date when he begins the process of constructing his home.
Responding to Chair Long, Mr. Navarro stated the amount of participants was increased
from 150 to 175 to account for spectators. He stated there will be bleachers at the 50 yard line,
and he chose the amounts based on his experience when attending other tournaments, which
typically do not have many spectators.
Larry Johnson, surrounding property owner, stated he lives east of the proposal, and he is
opposed to the project because he values the agricultural nature of the area. He expressed
concern with traffic safety, and questioned whether the building could be relocated slightly to
the north to allow for a better sight distance from his driveway. Mr. Johnson stated the outdoor
facilities have remained on the site, even after it was very apparent that the operation would be
contained indoors. He requested the black tubes be removed or stacked, and submitted a
printout of similar operations in Denver, marked Exhibit J. He questioned the need for 13 hours
of operation, and stated the traffic should be monitored in an effort to determine whether
restriping U.S. Highway 34 is necessary. He also expressed opposition to allowing portable
restroom facilities at the site and the potential for trash and debris left by the participants.
Susie Johnson, surrounding property owner, concurred with her husband's previous comments
and added their residence is slightly elevated over the proposed site. She expressed concern
with a negative impact to their property value and their view. She further stated it does not
appear the traffic study accounted for the impact the proposed building will have on neighboring
sight distances. In response to Commissioner Geile, Ms. Johnson stated they own slightly less
than three acres and her parents own seven acres adjacent to her property.
Lori Villumsen stated her husband is the applicant and she feels he has been very cooperative
with all of the requirements and requests of the surrounding property owners. She stated the
building will have indoor restrooms, and they intend to construct a home on the elevated portion
of the site which will assist in screening the paintball facility. Mr. Morrison stated the parcel is
legal for a residence, and the grave site has been removed from the Use by Special Review
Permit boundary, so it will be dealt with through a different process. Ms. Villumsen added this
property is primarily in the floodplain and is not good for much else; however, it is valuable for
this type of use.
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Paul Flot, surrounding property owner, stated he is very opposed because it was a scenic area
and he feels it is a poor location for the proposed use. He further stated the applicant has a
similar operation several miles to the west and there does not appear to be a need for
additional facilities. Mr. Flot also expressed concern with the proposed size of the building.
Mr. Navarro state the bunkers, or black tubing, have been sold to a paintball facility in Brighton,
and he anticipates they will be removed within the next two or three weeks. He stated the
proposed facility will be indoors, therefore, there will be no noise or blowing trash. He further
stated he requested 13 hours of operation to accommodate special requests of clients, and the
site will have one or two overhead lights for the parking area. Mr. Navarro displayed an
overhead, marked Exhibit 6e, displaying various views from the site. He stated he is a
registered nurse, so safety is one of his biggest concerns; however, during the past five years
of operation there have been no injuries. He further stated additional employees are brought in
for the large events to assist with directing traffic.
In response to Chair Long, Mr. Carroll stated based on the photograph taken from the
neighbors' driveway, there appears to be adequate sight distance. He stated during his site
visit he does pull out from the exit to see if there are any view problems, and he references the
State Code to determine the safe stopping distance. Mr. Morrison corrected his previous
statement by clarifying that the County-wide Road Impact Fees are assessed at the time of the
Building Permit application, not the date of a Use by Special Review application. However, the
applicant could go through the appeal process because this is not a typical commercial use.
Chair Long reopened public testimony to allow for comments from late arrivals. Juanita Flot
clarified when her husband testified he indicated they live north of the proposed site; however,
their home is to the south. She stated they purchased the property in 1978, and she is opposed
to the applicant relocating the grave site.
In response to Chair Long, Mr. Navarro stated he has reviewed and agrees with the Conditions
of Approval and Development Standards as proposed.
Commissioner Geile stated he appreciates the public comments made today; however, after
considering testimony from the applicant he feels the issues regarding traffic and noise will be
mitigated, and the applicant is still going to have to address the setback issues before he can
proceed. Based on those comments, Commissioner Geile moved to approve the request of
Anthony Navarro for a Site Specific Development Plan and Use by Special Review Permit
#1413 for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (commercial recreational facility- paintball park) in the A (Agricultural)
Zone District, based on the recommendations of the 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 Vaad who stated the applicant has made
diligent efforts throughout the application process to address the various concerns, and he has
agreed to the proposed Conditions of Approval and Development Standards which will help
mitigate the concerns expressed. He further stated the proposal will also establish a use on an
otherwise unuseful property, and provide a recreational benefit for the residents of Weld
County. There being no further comments, the motion carried unanimously, and the hearing
was completed at 11:10 a.m.
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This Certification was approved on the 28th day of April 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ataki
ATTEST: Al
, Itti \
. David E. Long, Chair
Weld County Clerk to the89ard .,,'�
\iCg 2 EXCUSED ATE OF PPROVAL
LL' c, f, `7 Robert D. asden, o-Tem
BY: / �� -. l
Deputy Clerk to the a - : `N ���
M. J. eile
TAPE #2003-13 t% V
William H. Jer
DOCKET#2003-30
G enn ` 2003-0670
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1413 -ANTHONY NAVARRO
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/04/2003)
D. Clerk to the Board Notice of Hearing
E. Ed and Nancy Carlson E-mail of Opposition (04/16/2003)
F. Lawrence and Suzanne Johnson E-mail of Opposition (04/21/2003)
G. Applicant Letter re: Grave site (04/21/2003)
H. Kathy Weigle Letter of Opposition (04/21/2003)
Planning Staff Certification of Sign Posting
J. Larry Johnson Internet Printout re: Other Paintball Parks
K.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF APRIL, 2003:
DOCKET#2003-30 -ANTHONY NAVARRO
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