HomeMy WebLinkAbout20150814.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: March 17, 2015
Case Number: USR14-0044
Applicant: Joshua Trevathan —GoAirheads LLC
Address: 4471 County Road 7, Erie, Colorado 80516
Request: A Site Specific Development Plan and Use by Special Review Permit for Recreational
facilities including a Commercial Recreational Facility operated on a commercial basis
for use by the paying public (plastic projectile simulated war game (airsoft)facility) in
the A (Agricultural)Zone District.
Legal Tract A of Recorded Exemption RE-183; Part of Lot 7 Scott's Acres; located in part of
Description: NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, CO
Location: West of and adjacent to County Road 7 and approximately 900 feet south of County
Road 12.
Size of Parcel: +/- 10.53 acres Parcel No. 146709103012
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated August 7, 2014
Weld County Department of Planning Services-Engineer, referral dated August 14, 2014
• Weld County Department of Building Inspection, referral dated October 6, 2014
• Weld County Department of Public Health and Environment, referral dated August 27, 2014
• Town of Erie, referrals dated August 11, 2014 and January 16, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriffs Office, August 19, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
• Ambulance Services
➢ Colorado Parks &Wildlife
• Colorado Geological Survey
➢ Town of Frederick
➢ City of Dacono
➢ Boulder County
Broomfield County
Mountain View Fire Protection District
Left Hand Water District
Kerr McGee Onshore, LP
USR14-0044, Trevathan, Page 1 of 12
v Boulder Valley Soil Conservation District
USR14-0044, Trevathan, Page 2 of 12
SPECIAL REVIEW PERMIT
i I �• — ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: March 17, 2015
Case Number: USR14-0044
Applicant: Josh Trevathan —GoAirheads LLC
Address: 4471 County Road 7, Erie, Colorado 80516
Request: A Site Specific Development Plan and Use by Special Review Permit for Recreational
facilities including a Commercial Recreational Facility operated on a commercial basis for use
by the paying public (plastic projectile simulated war game (airsoft)facility) in the A
(Agricultural)Zone District.
Legal Lot 7 Scotts Acres; Being part of NE4 of Section 9, Ti N, R68W of the 6th P.M., Weld County,
Description: CO
Location: West of and adjacent to County Road 7 and approximately 900 feet south of County Road
12.
Size of Parcel: +/- 10.53 acres Parcel No. 146709103012
Case Summary:
The applicants are proposing to operate a recreational facility (Go Airheads, LLC). The participants fire
plastic projectiles via spring, electric, or compressed gas powered replica toy firearms. The facility is
proposing to operate 10AM -4PM Saturdays and Sunday 12PM —4PM from September 1st until May 31st
and operate Tuesdays-Saturdays 10AM-5PM from June 1st until August 31st. During the summer months
the application estimated approximately 40 players per day during the week and up to 60 players per day
during Saturdays. During the winter, because it is open only one day per week, they estimate up to 100
players per day. They anticipate growth in the next 3-5 years of 200-250 players. Currently there are 13
employees with potential growth up to 20 employees. Water is provided from the Left Hand Water District
and the Department of Public Health and Environment is requiring an Onsite Water Treatment System for
this site. The site is located in an existing platted subdivision (Scotts Acres) and the facility is proposing to
access directly onto County Road 7. The parcel is adjacent to the Town of Erie boundaries to the west.
Erie has annexed County Road 7 adjacent to this property, and an access permit from the Town of Erie is
required.
This application is in response to an active Zoning Violation (ZCV14-00070)due to the operation of an air
soft gun range and more than one (1) cargo/connex containers without first completing the necessary
Weld County Zoning Permits. If this application if approved by the Board of County Commissioners and a
USR map is recorded it will correct this outstanding violation. If this application is denied, the air soft gun
range shall be closed and all but 1 (one)cargo/conex container shall be removed from the property (and
a building permit obtained for the remaining 1 cargo/conex container)within 30 (thirty) days of denial or
the violation will proceed in court accordingly.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
USR14-0044, Trevathan, Page 3 of 12
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Sec. 22-2-100. Commercial development Goals and Policies
E. C.Goal 5. Minimize the incompatibilities that occur between commercial uses and
surrounding properties.
A number of conditions of approval and development standards are attached to minimize
incompatibilities with surrounding properties including a landscape/screening plan, noise
limits, limiting number of employees, lighting plan, and defined hours of operation.
2. C.Policy 5.2. Support the use of visual and sound barrier landscaping to screen open
storage areas from residential uses or public roads.
The Department of Planning Services is requiring that this property be screened from the
adjacent residential properties.
Sec. 22-2-20. Agriculture goals and policies.
2. A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and
industrial uses should be accommodated when the subject site is in an area that can
support such development, and should attempt to be compatible with the region.
There are existing commercial uses/businesses adjacent to this site. A number of
conditions of approval and development standards are attached to minimize
incompatibilities with surrounding properties including a landscape/screening plan, noise
limits, limiting number of employees, lighting plan, and defined hours of operation.
B. That the proposal is consistent with the intent of the district in which the use is located.
Section 23-3-40.C.8 of the Weld County Code allows Commercial Recreational Facilities
as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located adjacent rural residential lots (Scott's
Acres) to the north, south and west of the site. Vacant land (cropland) is located to the
east. A Use by Special Review Permit (USR)for a gutter business (approved under USR-
1613 in 2007) is located to the north of the site as well. Additionally, two (2) lots to the
west and adjacent to the site have approved USRs for: 1) a Livestock Confinement
Operation for up to 150 head and 2) for a 2o° residence. A number of petitions have been
received from participants in the air soft business. Of these responses — two were
received from property owners within Scott's Acres located approximately 550-600 and
1,000 feet respectively from the site. A letter of concern/objection has been received from
an adjacent property (their residence is approximately 250 feet from the site) indicating
concerns with noise, traffic (cars staging on County Road 7...), hours of operation...
A number of conditions of approval and development standards are proposed
(landscape/screening plan, limits on hours of operation, lighting plan, limits on number of
employees)to address compatibility with adjacent properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
USR14-0044, Trevathan, Page 4 of 12
affected municipalities.
The site is located within the three (3) mile referral areas of the Towns of Erie, Frederick
and City of Dacono. No referral response was received from the Town of Frederick and
City of Dacono. The Town of Erie in their referral comments, dated August 11, 2014
indicated that the proposed use does not comply with their comprehensive plan. The
Town of Erie identifies the recommended land use for this location as "Rural Residential"
in their comprehensive plan. The Town of Erie Comprehensive Plan describes "Rural
Residential" as a "setting for very large lot, low density residential housing."
There are commercial operations located adjacent to the site. A gutter business is
located to the north of the site and east of and adjacent to a 150 head livestock facility.
The property is located in a rural subdivision but it is located on a larger lot (more than 10
acres in size) and directly accesses onto a public road (County Road 7). It does not use
the internal subdivision road for access. A number of conditions of approval and
development standards are attached to address, mitigate impacts on surrounding
properties.
The Town of Erie has annexed County Road 7 adjacent to this site and an access permit
from the Town of Erie will be required.
E. Section 23-2-220.A.5 — The application complies with Article V of this Chapter if the
proposal is located within the Overlay District Areas identified by maps officially adopted
by the County. This property is located in the Geological Hazard Overlay District. The
existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 — That the use is proposed to be located in the A (Agricultural)
Zone District, the applicant has demonstrated a diligent effort has been made to conserve
Prime Farmland in the locational decision for the proposed use.
The proposed facility is located on approximately 10.53 acres delineated as "Prime" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
majority of the lot is covered with existing buildings and improvements.
G. Section 23-2-220.A.7 — There are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
USR14-0044, Trevathan, Page 5 of 12
1. Prior to recording the map:
A. The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated October 6, 2014. Building and
electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any
existing structures, including temporary structures. Handicap Accessibility will need to be
accommodated for parking and routes to areas of all activities of recreational facility. The
owner may submit a letter of intent that he will take responsibility for providing accessibility
for any handicap person beyond the point of entry to the facility or a place of designated
staff contact. Any amusement structures will require permits through the State of Colorado
Division of Safety and Regulations. The containers used for the games will require Building
Permits. The containers that have been altered must have a stamped engineer's letter for
structure compliance. Handicap accessible restrooms are required for men and women.
Evidence that building permits have been applied for shall be submitted, in writing, to the
Weld County Department of Planning Services. (Department of Building Inspection)
B. The applicant shall submit a revised Dust Abatement Plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. (Department of Public Health
and Environment)
C. The applicant shall submit a Noise Control Plan for review and approval, to the
Environmental Health Services Division of the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
D. An On-Site Wastewater Treatment system is required for the proposed facility and shall be
installed according to the Weld County On-Site Wastewater Treatment System (OWTS)
Regulations. (Department of Public Health and Environment)
E. The applicant shall submit a revised waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3.The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health and Environment)
F. County Road 7 has been annexed by the Town of Erie. The municipality has jurisdiction
over all accesses within their jurisdiction. Please contact municipality to verify the access
permit or for any additional requirement that may be needed to obtain or upgrade the
permit. (Department of Planning Services-Engineer)
G. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.
which states, in part, that, "any lighting shall be designed, located, and operated in such a
manner as to meet the following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties." (Department of Planning
Services)
H. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning
Services for review and approval. The airsoft recreation area shall be screened from
adjacent residential properties to the north, west and south. (Department of Planning
Services)
USR14-0044, Trevathan, Page 6 of 12
The applicant shall submit a Signage Plan to the Department of Planning Services, for
review and approval, if signage is desired. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
J. The applicant shall submit an updated Parking Plan to the Department of Planning Services
for review and approval. This updated parking plan shall show the dimensions of the drives
and the parking stalls including the ADA parking stalls. The applicant shall comply with
Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with
Disability Act and provide an adequate number of parking stalls. Two (2) parking stalls are
required for the residence and twenty (20) parking stalls are required for the business. Two
(2) of the 22 required parking stalls shall meet the requirements of ADA. Further, the
applicant shall delineate curb stops for the parking spaces shown on the Use by Special
Review map. (Department of Planning Services)
K. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0044 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. (Department of
Planning Services)
5. Label the approved Town of Erie access(es) on the plat with access permit number if
applicable. (Department of Planning Services-Engineer)
6. Show and label the Geologic Hazard Area and Geologic Hazard Fault(s) on the map.
(Department of Planning Services-Engineer)
7. Show and label the drainage flow arrows, parking and traffic circulation on the map.
(Department of Planning Services-Engineer)
8. Show any proposed gate back a minimum of 75 feet from the right of way.
(Department of Planning Services-Engineer)
9. Show landscaping and screening on map. (Department of Planning Services)
10. Show lighting on the site. (Department of Planning Services)
11. Show signage on the site, in accordance with Chapter 23, Article IV and Appendices
23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
12. Show parking on the map. (Department of Planning Services)
13. The applicant shall show and label the water quality feature on the map with volume
and label as "WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA."
(Department of Planning Services- Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1)
paper copies or one (1) electronic copy (.pdf) of the map for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions of
USR14-0044, Trevathan, Page 7 of 12
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB)... The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services- Engineer)
6. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements is required prior to
operation. (Department of Planning Services - Engineer)
7. Prior to the issuance of the Certificate of Occupancy:
A. An on-site waste-water treatment system is required for the proposed facility and shall be
installed according to the Weld County On-site Waste-water Treatment System (O.W.T.S.)
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County O.W.T.S. Regulations. (Department of
Building Inspection)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR14-0044, Trevathan, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Trevathan
USR14-0044
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0044, for Recreational
facilities including a Commercial Recreational Facility operated on a commercial basis for use by the
paying public (plastic projectile simulated war game (airsoft) facility)in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to On-site Waste-water Treatment System (O.W.T.S.) Regulations. (Department of
Planning Services)
4. The maximum number of employees shall be limited to thirteen (13). (Department of Planning
Services)
5. The hours of operation are Saturdays 10:00 a.m. -4:00 p.m. and Sundays 12:00 PM -4:00 PM, from
September 151 until May 3151 as stated by the applicant(s). (Department of Planning Services)
6. The hours of operation are Tuesdays through Saturdays from 10:00 a.m — 5:00 p.m. from June 151
until August 31s`as stated by the applicant(s). (Department of Planning Services)
7. Parking, landscaping/screening, signage and lighting on the site shall be maintained. (Department of
Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
13. RV units shall have self-contained sewage disposal and shall dispose of sewage at an approved off-
site facility. (Department of Public Health and Environment)
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
USR14-0044, Trevathan, Page 9 of 12
15. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Waste-water
Treatment Systems (O.W.T.S.). (Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Department of Public Health and Environment)
17. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services
— Engineer)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
23. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area
which may trigger specific water quality requirements or other drainage improvements if the lot
develops further. (Department of Planning Services- Engineer)
24. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological
Survey. (Department of Planning Services-Engineer)
25. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
26. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code and 2009 ANSI 117.1 Accessibility Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp
of a Colorado registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole
Inspection. (Department of Building Inspection)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
USR14-0044, Trevathan, Page 10 of 12
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
31. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
USR14-0044, Trevathan, Page 11 of 12
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR14-0044, Trevathan, Page 12 of 12
h N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
N ' Y FAX: (970)304-6498
August 07, 2014
LOPEZ-TREVATHAN DIANA
100 HAWTHORN ST
FREDERICK, CO 80530
Subject: USR14-0044 - A Site Specific Development Plan and Use by Special Review Permit for
Recreational facilities and Uses including a Commercial Recreational Facility (plastic projectile
simulated war game (airsoft)facility) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT L7 SCOTTS ACRES/PT NE4 SECTION 9, Ti N, R68W TRACT A REC EXEMPT RE-183 of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Erie at Phone Number 303-926-2700
Frederick at Phone Number 720-382-5500
Dacono at Phone Number 303-833-2317
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
/CLiu,
,T/ _` Digitally signeday Krithorioef Randem
isdocu
�-JIYY/� F2asan:lam the author of thisdocument
�'� Date:2014.08.0713:01:46-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 2/20/2015
APPLICANT: Josh Trevathan
CASE #: USR14-0044
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Recreational
facilities including a Commercial Recreational Facility operated on a commercial basis for use
by the paying public (plastic projectile simulated war game (airsoft) facility) in the A
(Agricultural)Zone District.
LEGAL: Tract A of Recorded Exemption RE-183; Part of Lot 7 Scott's Acres; located in part of
NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, CO
LOCATION: West of and adjacent to County Road 7 and approximately 900 feet south of County
Road 12.
PARCEL ID #s: 146709103012
ACRES: +/- 10.53 acres
Zoning Land Use
N A N Residential Lot (Scott's Acres)/USR-1613 —gutter
business
E A E Vacant Farmground
S A S Residential Lot (Scott's Acres)
W A W Residential Lots (Scott's Acres)/USR-1503—
Livestock Confinement Operation for up to 150
calves
COMMENTS:
Existing residence and shelter structures... on property.
Chris Gathman - Planner Ill
Hello