HomeMy WebLinkAbout20150813.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMI ` A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CO M
ing
Moved by Benjamin Hansford , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR 14-0044
APPLICANT: MANUEL FAVELA, C/O JOSHUA TREVATHAN
PLANNER: CHRIS GATHMAN
REQUEST 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.
LEGAL DESCRIPTION : PART OF LOT 7 SCOTTS ACRES/PT NE4 SECTION 9, T1 N . R68W TRACT A
REC EXEMPT RE- 183 OF THE 6TH P. M. , WELD COUNTY, COLORADO.
LOCATION : WEST OF AND ADJACENT TO CR 7; APPROXIMATELY 900 FEET SOUTH OF
CR 12.
be recommended favorably to the Board of County Commissioners 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
2 . It is the opinion of the Planning Commission 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 requ ;ring 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
o ► 6 .0 '973
RESOLUTION USR14-0044
MANUEL FAVELA, 0/O JOSHUA TREVATHAN
PAGE 2
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 2nd 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 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.
RESOLUTION USR14-0044
MANUEL FAVELA, 0/O JOSHUA TREVATHAN
PAGE 3
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 Planning Commission recommendation for approval is conditional upon the following:
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)
RESOLUTION USR14-0044
MANUEL FAVELA, O/O JOSHUA TREVATHAN
PAGE 4
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)
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)
RESOLUTION USR14-0044
MANUEL FAVELA, 0/O JOSHUA TREVATHAN
PAGE 5
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 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
maps[c�co.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)
RESOLUTION USR14-0044
MANUEL FAVELA, O/O JOSHUA TREVATHAN
PAGE 6
Motion seconded by Bruce Johnson .
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 17, 2015.
Dated the 17th of March , 2015.
Kristine Ranslem
Secretary
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
4. The maximum number of employees on site at any one time shall be limited to thirteen (13) ten ( 10).
(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 1St until May 31St as stated by the applicant(s) with the exception of one day in October where
hours of operation shall be extended to 12: 00 am. (Department of Planning Services)
6. The hours of operation are Tuesdays through Saturdays from 10:00 a. m - 5:00 p. m. from June 1st until
August 31st 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)
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)
RESOLUTION USR14-0044
MANUEL FAVELA, O/O JOSHUA TREVATHAN
PAGE 8
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 public 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 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.
RESOLUTION USR14-0044
MANUEL FAVELA, 0/O JOSHUA TREVATHAN
PAGE 9
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 35-15-102, 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.
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 .
ft (Y14'j 3/11 /5
Motion : Delete Condition of Approval 9 as recommended by staff, Moved by Benjamin Hansford,
Seconded by Bruce Sparrow. Motion carried unanimously.
Motion : Delete Development Standard 17 as recommended by staff, Moved by Benjamin Hansford,
Seconded by Bruce Johnson. Motion carried unanimously.
Motion : Amend Development Standard 16 to read "The operation shall comply with all applicable State
noise statutes and/or regulations", Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Motion
carried unanimously.
Motion : Move Condition of Approval 5.C to Development Standard 21 and read as follows "Weld County
Department of Public Health and Environment will be notified prior to the closure of the facility. Upon site
closure, the facility will remove all wastes from the site and decontaminate all equipment, tanks, and
secondary containment. Upon closure, the facility will conduct a soil and groundwater assessment and
will conduct remediation activities, as necessary. All wastes removed from the site during closure
activities will be disposed of off-site, in accordance with all state and federal rules and regulations and
with Weld County Code. Documentation of closure activities will be provided to Weld County Department
of Public Health and Environment" Moved by Benjamin Hansford, Seconded by Bruce Johnson. Motion
carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
cx>; Motion : Forward Case USR14-0087 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Joyce Smock, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Terry Cross.
The Chair called a recess at 2:49 pm and reconvened the hearing at 3:05 pm .
CASE NUMBER: USR14-0044
APPLICANT: MANUEL FAVELA, 0/O JOSHUA TREVATHAN
PLANNER: CHRIS GATHMAN
REQUEST: 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.
LEGAL DESCRIPTION: PART OF LOT 7 SCOTTS ACRES/PT NE4 SECTION 9, TIN, R68W TRACT A
REC EXEMPT RE-183 OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 7; APPROXIMATELY 900 FEET SOUTH OF
CR 12.
Chris Gathman, Planning Services, presented Case USR14-0044, reading the recommendation and
comments into the record. Mr. Gathman noted that several letters were received in regard to this
application. Three (3) letters were received from property owners in objection to this case concerned with
traffic, noise, hours of operation, and projectiles coming onto their property. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
EXHIBIT
I
.svag ego
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light noted that Development Standards 3 and 4
appear to be contradicting each other and asked for further review.
The Chair asked Mr. Howard if he had any changes to the staff report. Mr. Howard recommended
removing Development Standard 23 since this site is not located in a MS4 area. Additionally, he
requested to change the word "County" in Development Standard 25 to "public" since it is not a county
road.
rY"" Joshua Trevathan, 4471 CR 7, Erie, Colorado stated that he started this as a hobby when he was
14 years old and playing with friends. He then began focusing this as a business and added that it helps
pay for his college expenses. He believes that this is a great benefit for children and adults as it keeps
them active and this also brings business to Weld County. He stated that he employs about 12 children.
Commissioner Sparrow asked if the participants wear safety gear and uniforms. Mr. Trevathan said that
they do wear face and eye protective wear as well as safety uniforms.
Commissioner Johnson asked if the projectiles are left on the ground and if they are biodegradable. Mr.
Trevathan said that they are left on the ground and are not biodegradable.
Commissioner Jemiola asked how often these projectiles land on adjoining property. Mr. Trevathan said
that they will occasionally land on the property to the west of the site. He added that he has talked with
the property owner to the west and is willing to put up a structure or netting to keep these projectiles
landing on their property.
Commissioner Hansford asked how far away the fence is on the site to the property line. Mr. Trevathan
estimated the distance to be around 30 yards. In response to Mr. Hansford's inquiry, Mr. Trevathan said
that projectiles could reach into adjoining property 10 yards from the existing fence. He added that
intends to install netting or structures to prevent this.
Commissioner Sparrow asked how the fencing can prevent these projectiles going onto adjoining
property. Mr. Trevathan stated that the fencing is very dense and is more like a screen that prevents
these projects leaving the property. In response to Commissioner Sparrow's inquiry, Mr. Trevathan said
that the fence will be 10 feet tall. Mr. Sparrow asked if having a screen that high will obstruct the
surrounding neighbors' view of the area. Mr. Trevathan said that it is possible is will obstruct their view.
Commissioner Maxey referred to the Town of Erie's referral regarding traffic and asked how the traffic will
be flow. Mr. Trevathan said that most of the traffic comes from south 1-25. When people call for
directions, he directs traffic to get off on Highway 52 and then turn onto County Road 7 to the site.
Commissioner Maxey asked if the north field could be moved toward the center of the property to get
further away from the adjoining property. Mr. Trevathan said that given the number of containers the
expense would be large. He added that it would be possible to move the containers but it would be an
expensive burden.
Commissioner Maxey asked how he plans to mitigate noise concerns. Mr. Trevathan said that the
megaphone will be used at the start so it will be kept away from adjoining properties. He added that the
referees will be in each field and will try to keep the noise down. He added that they will have a
decimeter to measure the noise at the property lines so they can ensure that they are compliant with the
noise limits.
='y ` The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Ronald Theede, 2845 Bruce Road, Erie, stated that he is the property adjoining the site. He provided
pictures for the Planning Commission to view. He said that some of the pictures show the view of the
subject property from looking out the windows of their home. Mr. Theede expressed concern with lighting
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during the night, noise and foul language. He added that he has horse corrals approximately 250 feet
from the property of where they shoot projectiles. He said that they are traveling this distance and is
afraid that one of the horses might get hit and the damage it might do. Mr. Theede thought that moving
the containers to the center of the property is a good idea and asked if they will continue to add
containers to the site.
Jeanne Theede, 2845 Bruce Road, Erie stated that they are very concerned with the noise of 20 to 40
guns firing at any given time. She also expressed concern regarding the value of their property,
obstruction of view and the unsightly structures.
Commissioner Jemiola asked if the applicant can do anything to mitigate these concerns to make it more
palatable. Ms. Theede said that it would help if the containers could be moved and if there is a fence that
could hide these containers. In response to Jemiola's question, Ms. Theede recommended tall evergreen
trees to be used as screening.
suer" Jacob Curtis, 9180 Owl Lake Drive, stated that he is in support of GoAirheads. He added that this
business employs several individuals who are high school students. GoAirheads is a family friendly
business. He believes if this is approved it has the potential for growth and will increase the revenue for
Weld County.
L " Allan Murakami, 731 Ridge Creek Court, Longmont, Colorado, stated that he shares the concerns of
the neighbors but hopes that the Planning Commission will allow this business to continue. His son is
active in participating in GoAirheads and is more focused on his physical abilities and teamwork. He
added that the surrounding towns have outlawed these activities within their town limits.
o'" Jody Waldrop, 5976 Stagecoach Avenue, said he is a youth master and has seen these activities as
well as played on these fields. He added that Mr. Trevathan helps with the youth ministry and spoke of
Mr. Trevathan's character. He said that foul language is not tolerated at this facility and added that this
business is operated as a mentorship program .
`' Danielle Kirby, 10211 Devonshire Street, stated that she is in support of GoAirheads. She said that
it is a safe environment and Mr. Trevathan is devoted to providing customers with an environment where
everyone feels welcome. She added that this is the kind of business she wants to see here.
Mike Medhurst, 354 50`" Avenue, Greeley stated that he has been an active airsoft player for about
six years as his son got him involved in the sport. He said that he saw his son gain a tremendous level of
responsibility through these activities and how to handle guns with respect. Mr. Medhust said that this
business is operated very responsibly. He added that this gives the kids a controlled environment to
perform this activity. He said that there are some participants that use biodegradable pellets.
Commissioner Sparrow asked how he would feel living 200 feet from this. Mr. Medhurst said that the
applicant has offered netting and different solutions. He added that you can't eliminate all of that and you
have to be tolerant to other things.
'' Wiliam Thomas stated that he lives south of Denver and drives 51 miles once a week to play at this
facility. He believes this is one of the best fields in the state. He added that agrees with the previous
comments.
Tara Peterson, 128 Rock Bridge Court, Windsor, Colorado stated that she feels safe taking her kids
there to play. She added that they are learning good sportsmanship, responsibility, honesty, teamwork,
and how to be respectful of the equipment and of others. She added that it is a great physical outlet for
kids.
Commissioner Sparrow asked if she would be comfortable with this next to her residence. Ms. Peterson
said that she lives next to a daycare and there is nothing more that makes her happier than listening to
children having fun.
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Commissioner Maxey asked her to describe the noise at this facility. She said that she can have a phone
conversation in the staging area and the other end wouldn't know where she is.
John Williams, 11783 Williams Way, Northglenn, Colorado, stated that he believes that this business
should continue to operate. He said that he has grandchildren who have played there and added that
they have learned a lot of responsibility and respect with the equipment.
Commissioner Sparrow commented that he agrees there is a need for this activity but said that he
questions the location of this business.
Diana Lopez, 100 Hawthorne Street, Frederick, Colorado, said that she is the applicant's mother.
She said that this is an extension of their family. She and the applicant's father operated GoAirheads
while the applicant was in college. She said while the kids are playing the parents are running errands
and getting groceries in Weld County. She said that there are 14 rules that they need to sign prior to start
of play. She said that they are learning about respect for others as well as respect for the weapons they
hold. She said that they have summer camps and have military personnel come and show them how to
clear rooms, etc. Ms. Lopez provided letters that were given to her to give to the Planning Commission.
Dean Kirby, 10211 Devonshire, said that he is in support of GoAirheads. He said that Mr. Trevathan
is a great mentor and has been great for the kids.
Greg Linehart, 2300 South Creek Park, said that his son has been an active participant at
GoAirheads for the past 3 years. Mr. Lion stated that his nephew was also active at GoAirheads and in
high school decided to make a career in the Marines. He has become a sniper and has been accepted to
be a Navy Seal. He added that these kids learn respect, teamwork and responsibility.
David Trevathan said that he concurs with most that has been said. He said that Joshua gave a
business card to all the neighbors that live around them . He believes that some of the responsibility
should have fallen on them to tell us what they would like to see on the property.
The Chair called a recess at 5: 17 pm and reconvened the hearing at 5:27 pm
The Chair referred to the testimony added today and asked the applicant to address these. Mr.
Trevathan said that there are no plans for lighting during night games. He stated that he passed out
business cards to all the surrounding neighbors and added that he has received support from some of the
surrounding neighbors for this business. After receiving a copy of the letter from Mr. Gathman submitted
by the Theedes he did talk to them about mitigating their concerns. Mr. Theede had talked to him about
putting trees in and they talked about hay bales. Mr. Trevathan added that Mr. Theede said he would
give him a call back but Mr. Trevathan stated that he did not receive a call.
Mr. Trevathan said that they have stopped the sirens and are now just calling out when the games are
done. He is trying to be a good neighbor and recognizes their concerns and wants to address these
concerns. The traffic study was performed by a professional organization.
Commissioner Sparrow asked what his future plans are for this business. Mr. Trevathan said that he
loves his job and working with the youth. He does hope to continue his ministry and one day become a
pastor. He added that he hopes to continue this business because he enjoys working with the youth.
Commissioner Maxey referred to Development Standards 3 and 4 and asked the applicant which
one was his preference to keep. Mr. Trevathan asked if the thirteen employees are at any given time and
added that he does not have his 12 employees at the facility all at one time. He added that these are not
full-time employees and they may work an average of 6 hours per week. Commissioner Smock asked
how this would affect the septic system . Ms. Light said that they don't like to see the septic system
driving the number of employees and added that they are more comfortable putting a number to the
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employees. The Chair asked the applicant what number he is agreeable to have for employees at any
given time. Mr. Trevathan said that he would agree to 10 employees at any given time.
Motion : Delete Development Standard 3 and renumber accordingly, Moved by Benjamin Hansford,
Seconded by Bruce Sparrow. Motion carried unanimously.
Motion : Amend Development Standard 4 to read "The maximum number of employees on site at any
one time shall be limited to ten (10), Moved by Benjamin Hansford, Seconded by Bruce Johnson.
Motion carried unanimously.
Mr. Trevathan commented that one day a year they have a zombie game. He added that it is usually held
on a Friday night around Halloween and runs until midnight. He asked if that day could be included in the
hours of operation. Commissioner Hansford asked if they will have lighting for that day. Mr. Trevathan
said that they do not have lighting for that event.
Motion : Amend Development Standard 5 to read "The hours of operation are Saturdays 10:00 a.m . —
4:00 p.m . and Sundays 12:00 p.m . — 4:00 p.m . from September 1st until May 31st as stated by the
applicant(s) with the exception of one day in October where hours of operation shall be extended to 12:00
am .", Moved by Benjamin Hansford, Seconded by Joyce Smock. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Pe' Motion : Forward Case USR14-0044 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Terry Cross.
Commissioner Sparrow encouraged the applicant to work with the neighbors.
Commissioner Smock said that she is concerned with where this business is located but hopefully these
concerns can be mitigated through discussions with the neighbor.
Commissioner Jemiola said it is a great business and nice amenity for the community. He emphasized
encouragement to work with the neighbors.
Commissioner Maxey concurred with the Commissioner's comments. He added that there are some
issues with compatibility but felt that the development standards such as the hours of operation and
screening will help mitigate those concerns.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 6:05 pm .
Respectfully submitted,
Digitally signed by Kristine Ranslem
43\lbb Date: 2015.03.20 14:09:44 -06'00'
Kristine Ranslem
Secretary
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