HomeMy WebLinkAbout20021923.tiff HEARING CERTIFICATION
DOCKET NO. 2002-58
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1383
FOR A COMMERCIAL RODEO ARENA IN THE A (AGRICULTURAL) ZONE DISTRICT -
JAVIER FERNANDEZ AND GABRIELA GUTIERREZ
A public hearing was conducted on August 7, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 19, 2002, and duly published July 24, 2002, in
the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Javier Fernandez and Gabriela Gutierrez for a Site Specific Development
Plan and Use by Special Review Permit #1383 for a Commercial Rodeo Arena in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Chair Vaad clarified for the record that the applicant was not in attendance. Responding
to Chair Vaad, Mr. Morrison stated the record indicates a notice of this hearing was sent to the
applicant. Sheri Lockman, Department of Planning Services, added the applicants did have legal
counsel at the Planning Commission hearing, who was also aware of today's hearing. Mary
Phalen, surrounding property owner, stated the applicants also had a notification sign posted in
their front yard. Following a short recess, Chair Vaad announced the applicant is in route from the
Planning Services building and will be in attendance shortly.
Delfina Soto,Weld County Sheriff's Office, stated she works in Work Release and will be providing
translation services for the applicant. In response to Chair Vaad, Mr. Fernandez stated he chose
to proceed without legal counsel for today's hearing.
Ms. Lockman gave a brief description of the location of the site and surrounding uses. She stated
eleven referral agencies reviewed this proposal, and the Department of Public Health and
Environment has indicated the on-site well is for residential uses only and a commercial well or
community water system is needed to accommodate the proposed use. They are also requiring
a septic system for the proposed events. Ms. Lockman stated the applicant has not requested
approval for liquor sales with this application; however, the people attending the events are not
prevented for bringing their own alcohol on the premises. She stated numerous letters of
opposition have been received expressing concern regarding traffic, dust, noise, trash, alcohol,
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parking along County roads,gambling,and cruelty to animals. She stated the application materials
indicate they will only have 30 to 40 participants; however, previous events have been reported to
have as many as 500 people at the site. She further stated the applicants are also running a
second arena in the area which should be addressed by the applicant. Commissioner Geile
referenced a letter from the Office of the State Engineer, dated May 17, 2002, marked Exhibit 48,
indicating the existing well is not permitted for animals involved in a rodeo or for spectators or
persons other than those that normally dwell in the residences. She stated the letter continues by
stating the applicant could acquire a court approved augmentation plan or drill a well into the Lower
Arapahoe aquifer to acquire water for commercial uses. She said the State indicated the
improvements would cost between$10,000 and$50,000 depending on which alternative is chosen.
(Switched to Tape #2002-25.) Responding further to Commissioner Geile, Don Carroll,
Department of Public Works, stated based on the application materials, his initial comments were
to require 60 parking spaces to accommodate 30 to 40 people; however, based on the testimony
of larger crowds, he feels the five-acre site could handle 100 parking spaces to prevent off-site
parking.
Responding to Chair Vaad, Mr. Fernandez stated he is aware of the letters of opposition and he
is willing to keep noise down, organize trash pickup, and put up a fence to contain the livestock.
He stated he will comply with all of the rules imposed, and added water will be tanked in from the
City of Fort Lupton and he will also provide portable toilets. Mr. Fernandez stated he was not
aware of capacity limits when he hosted the previous events; however, he has since reduced the
size of the activities. Ms. Lockman stated based on the area available for parking, the events
would need to be restricted to no more than 100 vehicles; however, there is not a specific capacity
requirement in the Code. Responding to Mr. Fernandez, Mr. Carroll stated 100 cars will fit on the
property; however, he also needs to account for livestock trailers,therefore, he is comfortable with
60 parking spaces and 30 to 40 larger spaces for trucks and trailers. Mr. Fernandez indicated he
will abide by the 350 patron limit or be required to apply for a Temporary Assembly Permit.
In response to Commissioner Masden, Mr. Fernandez stated he is also operating a trucking
business; however, the trucks are only parked on site when he is not working. Commissioner
Masden stated there is an open violation on this operation, and Mr. Fernandez stated since he
received notification of the violation he has not had any rodeos. Responding to Commissioner
Geile, Mr. Fernandez stated he would like to provide food services. Char Davis, Department of
Public Health and Environment,stated Development Standard#16 requires the applicant to comply
with the Colorado Retail Food Establishment Rules and Regulations.
Doug Wilch, surrounding property owner, indicated the location of his home and stated this is not
an appropriate venture in this rural residential area,which consists of approximately 90 residences.
Mr. Wilch displayed photographs previously submitted and marked as Exhibit 46. He stated the
residences are high quality and he is concerned that the proposed use will increase traffic and dust
on the roads, disrupt their quiet, safe and secure neighborhood,generate trash and environmental
concerns, and blowing sand and dust. Mr. Wilch stated question #5.E of the application
questionnaire indicates they will have 40 to 50 steers and five horses brought to site the day of the
event, in addition to the applicants' livestock. They also indicate the events will be once every two
weeks, in addition to practice times. He stated contrary to the application, there are activities on
the site several days a week, and the number of animals qualifies this site as a Confined Animal
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Feeding Operation. He added the applicant is also currently running a trucking and paving
operation from this site, which involves a large dump truck and trailer holding paving equipment.
Ray Joachim, surrounding property owner, stated his home is approximately 400 yards from the
site, and last Tuesday morning at 1:00 a.m. he called the police to complain regarding noise from
the applicants' home. He stated there are other residents in the area who live more than one-half
mile away who were also affected by the noise. He stated he moved to this area to enjoy a rural
setting; however, many of the rodeos last for two-days, and they have a live band playing very loud
music. He stated since the Planning Commission hearing,there have been three instances where
the Sheriff has been called regarding noise which was not even related to a rodeo event. Mr.
Joachim stated Deputy Matlock reported to the area and found the neighbors of the applicant were
retaliating with loud music of their own because they were so frustrated. Mr. Joachim stated he is
very concerned with the recommended limit of 100 vehicles and 350 patrons because there is not
enough room. He stated vehicles have been parking along Weld County Road 8, which creates
a traffic hazard in addition to the consumption of alcohol, fighting, and drag racing on Western
Drive and 195th Avenue with large trucks and trailers. He stated the applicant has made no good
faith efforts since the Planning Commission hearing. Chair Vaad summarized the items of concern
and requested the subsequent testimony be limited to supporting previous comments or addressing
additional issues.
Kim Delamont, surrounding property owner to the east, stated she agrees with all of Mr. Joachim's
comments and stated the number of people and commotion adversely effects her family. She
stated there have been several occasions where her private family events have been forced to go
inside. She stated the Sheriff's Office has responded to her calls; however, the music is usually
turned back up once the Deputy leaves. Ms. Delamont stated there are also practice events during
the week and there are too many people. She submitted additional letters of opposition, marked
Exhibit I, and in response to Commissioner Geile, Ms. Delamont stated Monday night there were
four horse trailers and ten to twelve people at the site, and this was not a formal rodeo event.
Responding to Commissioner Masden, Ms. Delamont stated the applicant parks one large dump
truck and a trailer holding paving equipment at the site. She added there is other equipment on
the site; however, he does not use it in his daily operations. She further stated she was at work
on Monday night, so she was not aware of the loud music until she heard about it from her
neighbors.
Ms. Phalen stated she witnessed the applicant's bull get loose and come onto her property and
chase her small filly, and it does not appear that the applicant cares about the concerns of the
neighbors. She stated the traffic in the area consists of large semi-trucks carrying drilling
equipment, and she is concerned with additional traffic which will not be monitored or controlled.
Mr. Carroll stated the most recent traffic count indicates there are approximately 600 vehicles on
Weld County Road 8 during a 24-hour period.
Dave Lavanway, surrounding property owner, indicated the location of his home, which is
approximately three-quarters of a mile from the proposed site. He stated he supports all of the
previous comments, and he is opposed to a proposal which will result in speeding traffic, littering,
and loud music which disrupts the neighborhood.
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Barbara Perkinson, surrounding property owner, stated her husband has Parkinson Disease and
Alzheimers and she is concerned he may be injured by a reckless driver while walking to the mail
box. She stated the water in this area is very high in nitrates and she is concerned with the
applicant's ability to provide adequate water and sewer services for the patrons. She further stated
the traffic will also create excessive dust, and she feels the applicant should be required to keep
the noise within a certain decibel level so it does not adversely impact the neighborhood.
Ken Madsen, surrounding property owner, stated he supports the previous comments. He stated
there have been occasions when the loud music has awakened him and after meeting with the
Sheriff's Office, he was informed that noise complaints are difficult to enforce because Weld
County does not have a noise ordinance. Commissioner Geile stated under this permit, the
applicant would be required to comply with Development Standard#11 which restricts noise levels
to those allowed in the Residential Zone District. Mr. Morrison confirmed the County does not have
a noise ordinance; however, it this permit is approved, the standards would be enforceable. He
further stated there is a State statute regarding noise which is enforceable through the Courts when
the use constitutes a nuisance. Mr. Madsen requested the Board consider a noise ordinance in
the future.
Susana Barber, surrounding property owner,stated while passing through the area, she witnessed
vehicles which were parked on both sides of Weld County Road 8 resulting in a traffic delay. She
stated she lives in Greenacres Subdivision,which has been adversely affected by dog kennels and
she feels the Board should prevent a similar adverse affect in Vantage Acres.
Rick Phalen, surrounding property owner, stated he fully supports the previous comments and he
is opposed to this because it effects their quality of life.
Vince Aberle,surrounding property owner, he stated this is not an appropriate area for arodeo,and
he supports rodeo activities in appropriate areas, not in residential areas.
Eileen (inaudible), surrounding property owner, stated she does not appreciate the music the
applicant plays, nor the loud volume. She also expressed concern with drunk driving and stated
she feels her quality of life is being adversely affected.
Bayo Alarape, surrounding property owner, stated he moved to this area because it was a quiet
neighborhood; however, he is now concerned for the safety of his child. He stated the people who
attend the practices and rodeo events are reckless drivers and have thrown beer bottles along the
road and at the end of this driveway.
Mike Watkins,surrounding property owner,stated he agrees with all of the previous comments and
added it does not appear the information on the applicants'permit application is truthful. He stated
the applicant boards six horses, two sheep, and numerous steers and chickens. He further stated
it appears the animals are boarded for friends, who are reckless and create a traffic hazard. Mr.
Watkins stated the remaining area that would be used for parking is currently planted in native
dryland grasses. He stated the soil and very fragile and he feels the parking area should be paved
because otherwise the traffic will create dust blowing complaints. He further stated although the
road is maintained by Weld County, it is not suitable for the larger trucks and trailers which will
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result if this proposal is approval. He stated the applicant has been aware of the issues and has
continued to violate and increase the problems. He stated the applicant is not able to control the
existing conditions and he should not be allowed to continue. There being no further comments,
Chair Vaad closed public testimony.
Ms. Soto summarized the concerns expressed by the public for the applicant. Mr. Fernandez
stated the issue of trash along the roads is a lie, and added he did his best to communicate with
the officers who reported to his home. He stated the neighbors do not like his style of music, but
he was told that the music was not loud enough to warrant a summons. He further stated his
neighbor owns motorcycles which are very noisy, but he has not complained regarding that
situation. Mr. Fernandez further stated there has not been an issue of parking vehicles on the
road; they have parked on his property, and he is not aware of any fights which would concern the
safety of his family. He stated the attendees are primarily family and friends, and added he did not
discuss this proposal with his neighbors prior to applying.
Responding to Commissioner Geile, Mr. Fernandez stated he also operates Fernandez Trucking
out of this site. He stated he does not have a liquor license for this property. He explained many
of the spectators bring their own liquor; however, he does prevent them from leaving to go and
bring more. Responding to Chair Vaad, Mr. Fernandez stated he has reviewed and agrees with
the Conditions of Approval and Development Standards.
Commissioner Masden moved to deny the request of Javier Fernandez and Gabriela Gutierrez for
a Site Specific Development Plan and Use by Special Review Permit #1383 for a Commercial
Rodeo Arena in the A(Agricultural)Zone District, based on the recommendations of the Planning
staff, the Planning Commission, and public testimony. He stated because this property is located
within a subdivision that has lots ranging from 2.5 to 5 acres, he does not feel this is the place for
this type of activity. He added there is also an existing violation on the site. Commissioner Masden
stated the applicant has shown a lack of regard for the concerns of the neighborhood, and he does
not feel this proposal will ensure the health, safety or welfare of the residents, therefore he is
opposed.
The motion was seconded by Commissioner Jerke who commented the findings of the Planning
Commission need to be incorporated into the Board's Resolution. He stated five acres is too small
for this additional activity. In response to Mr. Fernandez, Chair Vaad stated the primary concern
is with the location of the events, and noted that five acres may be adequate if located further away
from other residents.
Commissioner Geile read reason of denial #2.A from the Planning Commissions' Resolution of
Recommendation. He stated he is not convinced the proposed Conditions of Approval or
Development Standards can ensure the health, safety and welfare of the inhabitants of the
neighborhood. He further stated the existing violation also needs to be addressed.
There being nor further discussion,the motion carried unanimously and the hearing was completed
at 11:55 a.m.
2002-1923
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HEARING CERTIFICATION - JAVIER FERNANDEZ AND GABRIELA GUTIERREZ
(USR #1383)
PAGE 6
This Certification was approved on the 12th day of August 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, CO
ATTEST: IE';;, LA,�
� G Vaad Chlri
Weld County Clerk to th: .gg '"'" @At
c�
' �`` �•j David E. ng, Pro-Tem
BY: Ce-
w�
Deputy Clerk to the Bo I � /if'®� p"4_i
M. J. Geile
TAPE #2002-24 and #2002-25 2;71--/
Tr:5 V�-✓
Je e tt
DOCKET#2002-58 I
Robert D. ML en
2002-1923
PL1618
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1383 - JAVIER FERNANDEZ AND GABRIELA GUTIERREZ
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 05/21/02)
D. Clerk to the Board Notice of Hearing
E. Karen Crowe Letter of Opposition (05/16/2002)
F. Applicant Letter requesting to proceed (05/30/2002)
G. Deputy Noonan/Kathy Wilch Incident Report (07/24/2002)
H. Planning Staff Photo of sign posted on site
I. Kim Delamont 32 Letters of Opposition
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