HomeMy WebLinkAbout20150825.tiff HEARING CERTIFICATION
DOCKET NO. 2015-24
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0044, FOR RECREATIONAL FACILITIES AND USES, INCLUDING A
COMMERCIAL RECREATION FACILITY (PLASTIC PROJECTILE SIMULATED WAR
GAME (AIRSOFT) FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
MANUEL FAVELA, C/O JOSHUA TREVATHAN
A public hearing was conducted on April 1, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 27, 2015, and duly published
March 4, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request
of Manuel Favela, do Joshua Trevathan, for a Site Specific Development Plan and Use by
Special Review Permit, USR14-0044, for Recreational Facilities and Uses, including a
Commercial Recreation Facility (plastic projectile simulated war game (airsoft) facility) in the
A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal for an Air Soft Recreational Facility to include hours of operations, projected number of
clients during the summer and winter seasons, expected growth of the business, and requested
number of employees to include potential growth. Water is provided by the Left Hand Water
District and the site is located within an existing subdivision, Scott's Acres, and the facility is
proposing to access directly onto County Road (CR) 7. This parcel is directly adjacent to the
Town of Erie's boundaries and Erie having annexed CR 7, is requiring an access permit. Mr.
Gathman stated this applicant is currently in a zoning violation (ZCV14-0070) due to operation
of a commercial facility and having more than one conex cargo container on-site without the
proper permits. He described the adjacent properties and land uses and stated staff received a
number of petitions supporting the business, and one letter of concern received from the closest
neighbor listing noise, traffic, car staging, hours of operation, and air soft pellets on their
property. Staff also received one phone call from another neighbor complaining about noise and
patrons using their driveway mistakenly. The Conditions of Approval and Development
Standards will assist with mitigating these concerns. Since the Planning Commission hearing,
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the applicants have met with neighbors and have agreed to install trees and netting along the
property line to catch pellets leaving the site. He stated 17 referrals were sent and 11 were
received with no concerns and the site is within the three (3) mile referral area of the Towns of
Erie, Fredrick and Dacono. No response was returned from the Towns of Frederick or Dacono.
The Town of Erie responded stating the proposed Use does not comply with the designated
land use. He displayed photos and entered the unanimous favorable recommendation of the
Planning Commission into the record as written.
0 Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements stating the site is within the Town of Erie jurisdiction and
staff requested the applicant to apply for an access permit from the Town of Erie, upon which
the response indicated concerns with peak weekend traffic and problems with a left turn into the
facility. Since that time, the applicant has met with the Town of Erie and will be receiving the
Access Permit. The parcel is within a known geohazard area which will be noted on the plat.
The applicant has submitted a drainage narrative and water quality calculation.
0 Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating there is a house on-site with standard septic to service four bedrooms
and is serviced by the Left Hand Water District. The number of employes and customers on-site
may require a septic sytem to be installed for the business. The applicant met with staff after
Planning Commission and indicated they would like to use the house septic, or have an
engineer review the system, or use portable toilets, and depending on the Board's decision may
require a modification to Condition of Approval #1.D and Development Standard #14. The
applicant has stated they will plant trees and put up netting to mitigate the concerns regarding
noise and flying projectiles. Staff is requesting a Noise Abatement Plan and revisions to the
Dust Abatement and Waste Management Plans. Ms. Light stated the RVs need to be self
contained and explained the other Conditions of Approval and Development Standards relevant
to Public Health and Environment.
12 Joshua Trevathan, applicant, defined air soft games and equipment, stated the benefits of
hiring local young people, the environment of participation offered to clientele, and the fact that
this income is paying for his college. He reviewed the history of the business to include his
youth and naivete regarding necessary permits with relocating to the land belonging to his
grandfather, and the undeniable growth of the business. He mentioned receiving many letters
supporting the business. In response to Commissioner Moreno regarding the concerns of the
closest neighbor, Mr. Trevathan stated since receiving the letter from the neighbor, they have
disabled the sirens used to start and finish the games, announcements will be made further in
proxemity from neighbors, there are plans in place for a decimeter to be placed on the property
to monitor the noise, and the use of foul language is being addressed as they want to be afamily
friendly environment. In response to Commissioner Conway, Mr. Trevathan confirmed he rents
the property belonging to his grandfather.
C Paul Tessier Jr., Go Airheads client, spoke on behalf of those who could not attend,
primarily youth ages 8-18. He stated his support for the business, mentioned the successful
growth he has witnessed, and listed the benefits to include: family participation, fitness, outdoor
play, teamwork, cooperation, diversity, a game defined by teams, brings strangers together, the
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value of authority, respect for the realistic equipment, safe handling of firearms, safe place to
play the game, and supervision.
Mike Medhurst, client, stated he is an avid airsoft player because of his son, who is now
17, and that it is an amazing hobby/sport you can do with your kids. He further stated they have
been playing for six years and it is an incredible sport to learn responsibility, discipline, and the
firearms are treated like real guns. He mentioned that he has also witnessed the growth of the
business and that it is the only organized place for air soft in the area. In response to
Commissioner Conway, he stated the next closest fields are located in Denver, Bennett,
Brighton, Parker, and Colorado Springs. In response to Chair Kirkmeyer, he estimated the
average time spent is four to eight hours, and the noise of the pellet guns depends on the
particular mechanism and in general is not very loud.
IR Anthony Delgadillo, client, stated Go Airheads is "his place to go" in this area and listed his
reasons for patronage as: they care about you, they are honest, and it's amazing. He
mentioned he has been playing for six years and that any issues are handled in a professional
manner.
• Derrek Watkins, client, stated he has been playing since he was 13 and in the past didn't
have anywhere to go and got in trouble for playing in unauthorized places, then didn't play until
he found Go Airheads. He stated he has been going there for a couple of years on average
three weekends a month because of the overall fun and family environment.
Danielle Kirby, volunteer for events, stated she is impressed with how the business is
operated, how the patrons have embraced the high standards and treat others well. She said it
is a good place for kids and she is here in support of the business.
• Matthew Ross, owner of Blackjack Pizza in Erie, stated he is here because his business
has a relationship with Go Airheads because of the complex web of relationships with the
community and other businesses. He mentioned that Go Airheads has generated revenue for
his business and the community, and has participated in various charities as well. Mr. Ross
stated he has visited and observed the games in process and witnessed much better behavior
at the airsoft field than in schools.
El Diana Lopez, mother of Mr. Trevathan, stated Go Airheads tries to instill honor, honesty,
and love of country. She mentioned an annual event to learn the Bill of Rights, and those who
participate have their name in a drawing for a free year membership. She stated her son is not
perfect but he has a good heart, and his intentions are good. She clarified the trash pick-up is
once a week and there are trash receptacles on-site, and in regard to the noise, it is the sound
of kids playing and having fun outside and that should be considered a good thing.
• Taylor Billings, client, stated he is in the Civil Air Patrol and Go Airheads is a great place,
very well monitored, staff are great, never witnessed injuries, and made a lot of new friends.
la Tyler Ellis, client, stated air soft is against the law in his neighborhood, paint ball hurt too
much, and then he found Go Airheads which is a great place with lots of kids who play. He
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further stated it is well monitored with consequences for breaking the rules, gun safety is
enforced, and there are big fences to keep players off of adjacent properties. It promotes
outdoor play and he wants this to pass because it is fun and a great atmosphere.
la Jeanne Theede, property owners on the west side, stated they bought their property as a
retirement home 21 years ago and moved out there for the quiet, serenity and the views. She
stated it is no longer quiet, the views to the west are no longer appealing, and the isses are not
with kids playing, rather, it is with the constant gun fire as 40-60 guns at once can be very noisy
and stressful. She stated they met with Mr. Trevathan to discuss their concerns and he
responded with a plan to put some evergreens up to help block the noise and prevent the
pellets from crossing over to their property. Further, Ms. Theede mentioned they do hear the
cussing and it is not necessarily the children, so in that regard the referees are failing. In
response to Commissioner Conway, Ms. Theede stated when they met with Mr. Trevathan, he
agreed to stop the sirens; however, last weekend was very loud with the use of megaphones
and they have an increasing concern with the expected growth to 200 players per day regarding
the noise. She agreed that Mr. Trevathan is making an effort, regular meetings would help, and
they are happy the late nights are discontinued other than the one special event.
O Ron Theede, husband to Jeanne Theede and neighbor to the west, expressed his
concerns regarding if the business ends what will become of all the stuff on the property, and
regarding the pellets coming onto the property and into the horse corral. In response to
Commissioner Conway, he stated the horses are doing ok so far and tolerating the noise.
U Diane Montoya-Mayers, stated she has one son who works at Go Airheads and another
son who plays with them and she has appreciated her son being able to invite other friends to
come play and have a great time, therefore, she is in support of Go Airheads.
• Jacob Curtis, client, stated he has known the applicant for several years and is in support
of Go Airheads. He has watched the business start and appreciates that this business brings
families together as he has witnessed parents play with their kids all day. It also provides
employment for young people and mentioned his brother is one of the employees. He also
agreed the the growth of the business promotes revenue for the community in general.
• Mr. Trevathan expressed his appreciation for those who came in support of his business,
and also stated he felt he had reached a happy medium with Mr. and Mrs. Theedes regarding
the noise and projectiles by installing a fenced off buffer zone of 24 yards between the
properties, agreeing to plant evergreen trees in one portion of the border between his property
and the Theede's property. In response to Chair Kirkmeyer, Mr. Trevathan clarified regarding
the netting and the option of the portable toilets.
n Chair Kirkmeyer reviewed the changes to the Conditions of Approval (COA) and
Development Standards (DS). Ms. Light recommended changing the wording of COA #1.D to
read: "In the event the applicant intends to utilize the existing septic system at the home for
business use, the septic system shall be reviewed by a Colorado registered Professional
Engineer. In the event the system is found to be inadequately sized or constructed, the system
shall be brought into compliance per On-site Wastewater Treatment System Regulations."
Ms. Light recommended keeping DS #13, but adding the wording: "The use of portable toilets
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and bottled water is acceptable. Records of maintenance and proper disposal shall be retained
on a quarterly basis and available for review. Portable toilets shall be services by a cleaner
licensed in Weld County."Further, in regard to DS #14, delete the first sentence, and completely
delete DS #15. Chair Kirkmeyer added reference to the parking lot and entry on COA #1.B;
delete the first sentence of COA #1.G; delete completely COA #1.H; delete the first sentence of
COA #1.1; modify COA #1.K.9 to reflect planting the evergreen trees; and delete COA #1.K.6. In
response to Commissioner Conway, the applicant plans to put down more gravel on the entry.
Commissioner Conway suggested modifying COA #6.A to delete of the wording "and/or tracking
control improvements is required prior to operation." Mr. Yatabe suggested the removal of COA
#7 and #7.A; Chair Kirkmeyer recommended adding to DS #10 the wording "regarding the
parking lot and entry." Lastly, Chair Kirkmeyer addressed the hours of operation and number of
employees and suggested deleting DS #5 and changing DS #4 to reflect "Tuesday through
Sundays 10:00 a.m. to 5:00 p.m.", deleting the seasonal reference to certain months, and
keeping the exception of the one special event. Commissioner Freeman recommended
changing DS #3 to reflect the maximum number of employees on-site at one time to be 14.
Chair Kirkmeyer gave a summary of the changes. Commissioner Cozad made one last
suggestion to delete COA#1.K.10 because there will be no lighting.
12 In response to Chair Kirkmeyer, Joshua Trevathan indicated he has reviewed, and agrees
to abide by, the Conditions of Approval and Development Standards, as amended.
a Commissioner Cozad moved to approve the request of Manuel Favela, c/o Joshua
Trevathan for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0044, for Recreational Facilities and Uses, including a Commercial Recreation Facility
(plastic projectile simulated war game (airsoft) facility) in the A (Agricultural) Zone District, based
on the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as amended and entered into the record. The motion
was seconded by Commissioner Moreno. G Commissioner Cozad thanked everyone for
being here and thanked the applicant for working with the neighbors and further expressed her
appreciation for the positive things being done with kids and noted she was impressed with the
kids who spoke. She wanted to convey the importance of continuin949 work with the neighbors,
and suggested future growth may mean considering relocation. I'I Commissioner Conway
also thanked everyone for coming and addressed the applicant repeating what the applicant's
mother said about his character and asked him to continue to reach out to be a good neighbor
and stay ahead of the problems. ' Commissioner Freeman thanked everyone for coming
and stated it is an interesting and lengthy process, offered congratulations to the applicant and
advice to have good communication with neighbors, and lastly wished the applicant good luck.
El Commissioner Moreno echoed his fellow Commissioners and thanked everyone for
coming, especially the young folks, and congratulated the applicant. El Chair Kirkmeyer also
thanked everyone for coming, especially the neighbors who came forward to address the impact
of this situation. She impressed upon Mr. Trevathan to work with his neighbors and realize this
is their dream home and to make an effort to work things out. She reiterated the importance of
the support for the business and encouraged him to get the trees planted right away. E1
Lastly, Commissioner Conway suggested contacting the Veterans Service for help with some of
the projects, and teaching the young people to engage with the veterans. There being no further
discussion, the motion carried unanimously and the hearing was completed at 11:50 a.m.
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This Certification was approved on the 6th day of April, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:CC�� ,1 �,,,,,// EXCUSED DATE OF APPROVAL
G aCLtD:(A Barbara Kirkmeyer, Chair
Weld County Clerk to the Boardnrilik J . r-------
^ .� Mike Freeman, Pro-Tem a_ffral De u j Clerk to the Bo- .�N\,) EL
Sean P. Conway
"N� '*� Juliccc(4//if-t;
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Steve Moreno
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