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HomeMy WebLinkAbout990903.tiff HEARING CERTIFICATION DOCKET NO. 99-15 RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1208 FOR A PUBLIC RECREATIONAL FACILITY (PAINT BALL FIELD) IN THE A (AGRICULTURAL) ZONE DISTRICT - HENRY AND CAROL KARRE A public hearing was conducted on April 21, 1999, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chair Commissioner Barbara J. Kirkmeyer, Pro-Tern Commissioner George E. Baxter Commissioner M. J. Geile Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Sheble McConnellogue Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated March 3, 1999, and duly published March 6, 1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Henry and Carol Karre for a Public Recreational Facility (paint ball field) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri Lockman, 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. Ms. Lockman stated the paint ball operation has been open for three years, gave a brief description of the location of the site, and described the surrounding uses. She stated ten entities responded to referrals in favor of said use and any comments have been included in the Conditions of Approval and Development Standards. Ms. Lockman explained the number of players will be limited to 50, the operation will close between November 15 and February 15, and Condition of Approval #2 states there will be 20 parking spaces for employees, players, and visitors. She explained Anthony Navarro owns the paint ball operation and Henry and Carol Karre own the property. Commissioner Kirkmeyer expressed concern with the Division of Wildlife forbidding the property owner from hunting on their own property. Mr. Morrison stated the land is private but the animals are not, and hunting is regulated. In response to Commissioner Geile, Ms. Lockman stated Development Standards #13 does not require that any work be done at this time because the road is in good condition; however, it does need to be maintained as an all weather access road. She further stated monitoring of the road condition is up to the applicant to ensure his visitors are able to access the facility. Chair Hall added the Public Works Department also monitors the accessibility of an all weather road. Responding to Commissioner Geile, Sheble McConnellogue, Health Department, stated this is a rare situation where a septic system is not required because the area is located in a flood plain and Port-A-Pottys will be located on the property. She explained a facility expecting one to forty people is required to provide one male and two female Port-A-Pottys, and up to fifty people requires two male and three female Port-A-Pottys. 990903 Pt di. t PL1293 HEARING CERTIFICATION - HENRY AND CAROL KARRE (USR #1208) PAGE 2 Mr. Navarro stated he is willing to limit the number of players, as well as close the operation for a period of three months. In response to Chair Hall, Mr. Navarro stated he agrees with the Conditions of Approval and Development Standards, and reiterated he is willing to close for three months of the year in order to get approval from the Board. Responding to Commissioner Baxter, Mr. Navarro stated the hours are from 8:00 a.m. to 6:00 p.m. and explained a typical day of operations. No public testimony was offered concerning this matter. Commissioner Kirkmeyer expressed concern with the Division of Wildlife requesting the applicant to interseed grass to repair any damage, and that they be granted access onto the property at any reasonable time. Ms. Lockman stated these requests may appear as a burden to the applicant; however, the Cities of Greeley and Evans were in strong support of the requests. Ms. Lockman further stated the applicant is already involved in a program in which they reseed the area; therefore, the request will not add any new burden. Commissioner Baxter commented Development Standard #24 requires the operation to comply with all Division of Wildlife rules and regulations and the other detailed Standards may be repetitive. Ms. Lockman indicated the applicant is not opposed to the requests from the Division of Wildlife. Commissioner Kirkmeyer commented it is good if the applicant wishes to cooperate with the Division of Wildlife; however, the requests do not necessarily need to be part of the permit because they set a precedent. She stated Development Standard #24 is appropriate, but the others go beyond what a governmental entity should be requiring. Ms. Lockman stated some of the Development Standards are at the applicants' request to help them control the operation taking place on their property. Commissioner Kirkmeyer stated they need to work out the detail in a private agreement with Mr. Navarro rather than include them in the permit. Ms. Karre stated wildlife has increased on the property since Mr. Navarro started his operation and indicated it is hard to prevent the Division of Wildlife from entering onto their property. She stated regardless of whether the Development Standards include the Division's requests, they will continue to work with the Wildlife Division. Mr. Navarro stated he would prefer that they are not in the permit because he is not sure who will actually regulate them. He explained they have rules which are explained to the visitors and if they violate them by shooting items they're not supposed to, they are escorted off the property and reported to the police. Commissioner Kirkmeyer moved to approve the request of Henry and Carol Karre for a Site Specific Development Plan and Special Review Permit#1208 for a Public Recreational Facility (paint ball field) 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, and amend Development Standard #19 to delete the words "Division of Wildlife" and insert "CSU Extension Service", delete Development Standards #20, 21, 22, and 23, amend Development Standard #26 to state, "The Division of Wildlife shall be notified by the applicant to the best of their ability upon finding dead, sick or injured wildlife.", and amend Development Standard #29 to delete "and the Colorado Division of Wildlife". The motion was seconded by Commissioner Baxter, and it carried unanimously. 990903 PL1293 HEARING CERTIFICATION - HENRY AND CAROL KARRE (USR #1208) PAGE 3 This Certification was approved on the 21st day of April, 1999. APPROVED: ATTEST: Ayt I jr / 4. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLSRADO Weld County Clerk to the pea n� !� - •_�� �� _ l • vale K. Hall, Chair Deputy Clerk to the B 4, EXCUSED DATE OF APPROVAL it >i Barbara J. Kirkmeyer, Pro-Tem TAPE #99-12 y eorge . Baxter DOCKET#99-15 t a M. Geile Glenn Va.acL- 990903 PL1293 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF APRIL, 1999: DOCKET#98-57 - ENVIRO-CYCLE, LLC, % HOWARD BOATRIGHT DOCKET#99-15 - HENRY AND CAROL KARRE PLEASE legibly write or print your name and complete address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING 2 r)--) 1,3e (/) .• [ c--;1A0,2 1_, e (S?oczts ja01.e ?-.2 ; 2i4 S1// -o&ii Dourest-0 93-37 (rY,r-ui a -,- `/G' S r �r<re `F )< 31 1'-gin,,r /� 0 3"/ EXHIBIT INVENTORY CONTROL SHEET Case USR #1208 - HENRY AND CAROL KARRE 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) D. Clerk to the Board Notice of Hearing E. F. G. H. J. K. L. M. N. O. P. R. S. T. U. V. W. X. Hello