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Home My WebLink About20053387.tiff HEARING CERTIFICATION DOCKET NO. 2005-90 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1522 FOR COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS, TO INCLUDE OUTDOOR ARENAS, RACE TRACK, AND RACE COURSE, IN THE A (AGRICULTURAL) ZONE DISTRICT - ALBERTO LOYA A public hearing was conducted on December 7, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Jacqueline Hatch Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated November 18, 2005, and duly published November 23, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Alberto Loya for a Site Specific Development Plan and Use by Special Review Permit#1522 for Commercial Rodeo Arenas and Commercial Roping Arenas, to include outdoor arenas, race track, and race course, in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney,made this a matter of record. Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal and entered the unfavorable recommendation of the Planning Commission into the record as written. She stated this application was submitted to address a zoning violation,and, if approved,and the plat recorded,the violation will be closed. She gave a brief description of the location of the site and surrounding land uses. Ms. Hatch stated thirteen referral agencies reviewed this proposal, eleven provided comments that have been addressed in the Conditions of Approval and Development Standards, and staff received no response from the Weld County Paramedic Service or Colorado Racing Commission. She stated staff received various letters of concern or opposition from surrounding property owners regarding increased traffic, parking along County roads, littering, blowing dust, etcetera. She further stated the applicant has submitted a revised plat with landscaping and lighting details, which are in compliance with the Weld County Code, as well as a new access design from Weld County Road 39. Ms. Hatch stated Russ Kissler, Platteville Fire Protection District,has requested that"No Parking"signs be placed on both sides of the main access and on the road between the two parking lots, as well as evidence that the primary and emergency accesses are capable of supporting emergency vehicles. She stated staff supports the request and recommend's adding Conditions of Approval #1.K and #1.L, as stated in the Memorandum, marked Exhibit EE. 2005-3387 PL1804 C� , L , PLC, HLC0 6143-1/4, HEARING CERTIFICATION -ALBERTO LOYA (USR#1522) PAGE 2 Char Davis, Department of Public Health and Environment, stated the applicant is applying to the Colorado Division of Water Resources fora water well,and proposing septic systems for the public restroom facilities, concession stands, and caretaker's residence. Responding to Chair Jerke, Ms. Davis stated the Central Weld County Water District does not serve this area. Responding to Commissioner Geile, Ms. Hatch explained the intent of Condition#1.H,regarding the Platte Valley Soil Conservation District, is to require the applicant to read the District's report regarding soil qualities and incorporate the information into the design. ChairJerke commented the phrase"shall attempt to address"prevents a third party from having veto power over cases reviewed by the Board of Commissioners. Donald Carroll, Department of Public Works, stated the application initially proposed an access along the Weld County Road 28 Section Line. He stated due to large power poles in the area, the Department of Public Works has been working with the applicant to evaluate an access along Weld County Road 39, with appropriate stacking lanes to accommodate traffic entering the facility. Responding to Chair Jerke, Mr. Carroll stated the new access is currently proposed to be 250 feet north of Weld County Road 28, although staff is recommending it be moved further north to allow more stacking distance for traffic coming from the south. In response to Commissioner Long, Mr. Carroll stated the average daily traffic count on Weld County Road 28, which curves and becomes Weld County Road 39, is approximately 900 to 1,200 vehicles, per day. In response to Commissioner Masden, Mr. Carroll stated staff is requesting road base and Magnesium Chloride to control the dust, as well as a paved, 30-foot tracking pad at the site entrance. He reiterated locating the access further north on Weld County Road 39 would allow more stacking room for vehicles past the curve on Weld County Road 28. He stated the improvements detail will address the signage locations for reduced speed limits through the curve and notification signs. He further stated the Improvements Agreement will address widening the pavement,striping,and anything else associated with the improvements for the entrance. Todd Hodges,Todd Hodges Design, LLC,represented the applicant and stated the mission of the proposed facility is to provide safe entertainment for residents in northern Colorado. He stated, unlike some,this facility will be legally permitted and regulated by the County. Mr. Hodges stated the application states a reduced maximum capacity of 1,103 people,which was dictated by the well and septic capacities. He described the surrounding land uses,and displayed photos of the site and surrounding area, marked Exhibit GG. Mr. Hodges reviewed the site layout, including parking, caretaker's residence, public restrooms, command center tent, racetrack, grand stands, outdoor arena,and oil and gas drilling windows. He stated the applicant is in the process of comparing the cost of gravel roads and dust mitigation versus using recycled asphalt, and using a water truck to control dust on the race track and parking areas. He stated the site is 80 acres,there is a Buffering Plan, and the applicant will work with the Fire Protection District regarding signage and road construction. Mr. Hodges stated the Planning Commission discussed concerns regarding the access,dust abatement,and incompatibility between the days of operation and existing uses in the area. He stated he and the applicant have worked with staff, referral agencies, and various neighbors to address their concerns,and the proposed Conditions of Approval and Development Standards will also ensure compatibility. He stated this is an agriculture-related business,the site is surrounded by large rural properties, and it is not within an Intergovernmental Agreement(IGA) Area orfloodplain. Mr. Hodges stated the site is not prime farmground,and this review process will ensure the protection of the health,safety and welfare of neighborhood and Weld County residents. He referred to Exhibit GG, and stated there are 32 parcels within one mile of the site, and the two 2005-3387 PL1804 HEARING CERTIFICATION - ALBERTO LOYA (USR#1522) PAGE 3 smallest properties are 3.3 acres. He stated similar agriculture-related businesses in the area consist of a 100,000-head turkeyfacility,Tire Mountain,and a dairy. Responding to ChairJerke, Ms. Hatch stated the property to the west and south is owned by Melvin Camp. In response to Commissioner Masden,Mr. Hodges stated there will be people directing traffic and monitoring the number of attendees. He further stated Development Standard#13 states the facility must cease serving alcohol one hour before sundown. Responding to Commissioner Masden, Mr. Morrison stated parimutuel betting is a pooled betting system,which is regulated by the State;however,this facility is not subject to state licensing,since only individual betting will be allowed. Ms.Hatch stated she did not receive a referral response from the State regarding the betting issue. Mr. Morrison explained the State gambling laws specify if a rider or horse is licensed within the parimutuel system,they cannot participate in unlicenced races. He stated the facility cannot do pooled betting system,and it will require a liquor license. He reiterated a pooled betting system requires a license through the Colorado Gaming Commission; however, face-to-face bets would be allowed at the proposed facility without a license. Responding to Commissioner Masden, Mr. Hodges stated the only structures proposed are the public restroom facilities,a caretaker's residence,and bleachers, which will all be subject to adopted Building and Fire Codes. In response to Commissioner Geile, Mr. Hodges stated the site will be limited to a maximum of 1,103 people, which was reduced due to the capacity of the well and septic systems. Responding further to Commissioner Geile, Mr. Carroll stated the gates will remain open all day on race days. Mr. Hodges added the Lighting Plan addresses security for the on-site caretaker's residence and maintenance needs; however, the lights will not be used for the race events. He further stated the application provides the flexibility to choose a stick-built, modular, or mobile home for the future caretaker's facility. In response to Commissioner Vaad, Mr. Hodges stated the applicant can address prior allegations regarding the presence of a Methamphetamine Lab on the site. He explained staff discovered there is only 30 feet of right-of-way along the Weld County Road 28 Section Line; however,the proposed new access from Weld County Road 39 addresses the concern of the adjacent property owner to the south. He stated the applicant is researching the prices of a concrete stadium versus aluminum bleachers to address noise concerns,as well as the difference between applying Magnesium Chloride versus using recycled asphalt for dust control. Responding to Commissioner Long, Mr. Hodges stated the eastern overflow parking area could be used to redirect traffic if the facility has met its capacity,and there is an oil and gas access in the northeast corner of the site,which will also be gated and used as an emergency access. Alberto Loya,applicant,stated this controversial issue stems from fear and misunderstandings. He stated he searched fora site located near other businesses and a paved road,where the proposed activities would have a minimal impact on the neighbors. He stated he has been working on the project since March 2005,starting with a survey and water study to determine whether the proposed use would be feasible. He stated he met with neighbors to address their concerns, has invested approximately$121,000.00,and is prepared to invest an additional$400,000 to complete the project. Mr. Loya stated the primary concern of the Planning Commission dealt with the number of times the facility would be operated, therefore, he met with his accountant and found it would be feasible to eliminate one of the race days. He reviewed the construction schedule for the record, and stated the site will be completed by March 2006. Mr. Loya stated the Weld County Sheriff's Office has indicated a Methamphetamine Lab was not found on the subject site,and the charges have been cleared. In June 2005, he stated met with Ken Poncelow, Sheriffs Office, who indicated the application appears to be a viable plan,and the Sheriffs Office is willing to provide blinking warning signs and staff training. He further stated this project started by gearing toward the Latino 2005-3387 PL1804 HEARING CERTIFICATION -ALBERTO LOYA (USR #1522) PAGE 4 community;however,he soon found interest from all cultural backgrounds,and he feels this facility will provide unity in the community. Mr. Loya stated he attended a violation hearing fora similar request in April 2005,and the discussion did not indicate the need fora permit for assemblies under 350 people. He stated he conducted a feasibility study to determine whether there was interest in this type of facility; however, he soon received a notice of violation and ceased all activities. He stated there was one instance when a horse got loose at the end of a race and entered a neighbor's property; however, he resolved the matter with the neighbor and learned how to prevent it from happening again. Mr.Loya stated he is an active member of the community and a known business owner. He stated the site was used in the past to store junk cars and old trailers and conduct illegal activities; however, he is a Weld County native and wants his investment to benefit Weld County, therefore, he is prepared to exceed all the County's standards. In response to ChairJerke, Mr.Loya stated he received a copy of the letter from Sheriff John Cooke regarding the investigation of a Methamphetamine Lab, and he will provide a copy for the record. Responding to Commissioner Geile, Mr. Loya stated he is considering the use of concrete bleachers on both sides of the race course,which would direct the noise upward,and he has hired a noise consultant to ensure the facility does not exceed 65 decibels. He stated there will be two security guards for the first 350 people,two guards posted at the facility entrance,and,depending on the size of the crowd, three to four guards roaming through the crowd. He further stated liquor will be contained in a beer garden, which should encourage people to drink in a controlled environment, rather than bringing their own. In response to Chair Jerke, Mr. Loya stated the two security guards at the entrance will count the number of attendees, and they may have the option of stacking cars in both traffic lanes when traffic is entering the site. Chair Jerke stated using both lanes may not be allowed by emergency responders. In response to Commissioner Long, Mr.Loya stated they also have the option of stationing guards prior to the emergency access,who could be used to direct vehicles to exit the property once the capacity is reached. Responding to Commissioner Masden, Mr. Loya clarified staff will cease serving alcohol one hour before the end of the event,and the liquor license will be specific to the proposed use and specific race dates. He stated the race dates are predetermined to help control the number of people attending, and an entrance fee will be charged to cover expenses. Responding to Chair Jerke, Mr. Loya stated the liquor license would be limited to beer only. Chair Jerke recessed the hearing for ten minutes. Upon reconvening, in response to Commissioner Long,Mr.Loya reviewed the hours of operation, and stated he is willing to limit the race events to two days a week. Responding to Chair Jerke, Mr. Loya stated the events are held year round,weather permitting. In response to Commissioner Masden, Mr. Loya clarified there will not be an indoor arena. David Clarkson, Weld County resident, stated he supports the request. He stated more than 100 years ago the Island Grove Regional Park started in much the same way as the proposed facility. He stated Island Grove has agriculture,businesses,and residences in close proximity,with minimal conflicts, and there was horse racing at Island Grove until 50 years ago when it was converted for car racing. He stated after the stadium burned down, it was redesigned to become a traditional rodeo arena. Mr. Clarkson stated there is a new generation interested in horse racing, and he supports the rights of a group of people to gather to share their common interests. Mr. Clarkson stated he became acquainted with the applicant through his business and has found Mr. Loya to be an upright citizen and business man who is also involved in service clubs. He further stated they 2005-3387 PL1804 HEARING CERTIFICATION -ALBERTO LOYA (USR#1522) PAGE 5 have become good friends in the past couple of years,and he feels Mr.Loya's proposal represents a way of bringing the local ethnic communities together. Ricardo Romero stated he is a tenth generation Colorado resident. He stated the horse was introduced to North America in the early 1500's and became a very important part of Native American culture. He stated this project is a way for people to come together and unite around different aspects of different cultures. Mr.Romero stated this is a family-oriented proposal,and the applicant is a role model in the community. He stated it is important to break down cultural barriers, while allowing the applicant a means of excelling and succeeding in business. Nancy Hilty-Brunson,surrounding property owner,expressed concern with the potential impact on the land and surrounding neighborhood created by more traffic, inadequate emergency services, and poor design. By a show of hands, Ms. Hilty-Brunson represented 38 people in the audience. She stated she grew up around horses and knows how they can enhance an area, she reviewed her qualifications,and stated race events must be safe for the riders and animals. She stated Weld County Roads 39 and 28 are already heavily traveled,extra traffic will only cause additional damage, and the extra tax revenue from the facility will not compensate for the damage caused. Ms. Hilty-Brunson stated during the summer months,oil and gas activities are joined by agricultural activities,such as hauling hay and farming. She stated the area residents are aware of the historic uses; however, patrons of the facility may not be. She stated Weld County Roads 39 and 28 intersect at a tight right turn,and she displayed photos showing the lack of sight distance between the curve and the facility's entrance. She further stated the neighbors are concerned that once the facility is at capacity, patrons who cannot enter may search for other locations from which to view the activities. She stated the surrounding properties are fenced to contain livestock, not to keep spectators out. Ms. Hilty-Brunson stated the existing businesses do not have hundreds of people coming to their properties, they are not enhanced by spectators, there are no mass exits at dusk into a blink curve on Weld County Road 39,and they do not serve alcohol. She stated each event will allow more than 1,000 people,which requires additional policing in the general area once they begin leaving the site. She stated there will also be increased fire hazards created by patrons smoking while at the race events;however,there is very limited fire response in this rural area.She further stated the soil conditions in the area are very fragile,and mass amounts of people will lead to erosion and decay of the natural landscape. Ms. Hilty-Brunson referred to a soil survey conducted by the U.S. Department of Agriculture Soil Conservation Service,and she reviewed the findings for the record. She stated the Platte Valley Soil Conservation District submitted a warning stating the soil has a very high potential for wind erosion,and provided suggestions for prevention. She stated the application addresses dust mitigation during race events; however, it is clear that dust mitigation should be an ongoing process. She further stated the soil absorbs moisture very quickly, therefore, water trucks will have very little impact on the site conditions, and the site has limited water for the requested activities. Ms. Hilty-Brunson stated the proposed fencing is inadequate for containing the animals,which race toward Weld County Road 39. She stated there was one event where a horse broke through a three-strand wire fence and onto her property to the north. (Switched to Tape#2005-47.) She expressed concern with the lack of a warmup facility, and stated the applicant should be prevented from using the open area along Weld County Road 39. In response to Commissioners Geile and Masden, Ms. Hilty-Brunson stated a warmup facility is generally used prior to competing, her house is approximately 200 feet from the property line,and the track is visible from her kitchen window. 2005-3387 PL1804 HEARING CERTIFICATION -ALBERTO LOYA (USR#1522) PAGE 6 Jill Bailey,surrounding property owner,stated she rides her horse south on Weld County Road 39 to the Brunson property for lessons. She referred to an oversized map,marked Exhibit KK,showing the properties that are opposed to the proposal. Ms. Bailey stated she visited the site during a race event,and one of the race attendants informed her of the parking fee,how the races are set up,and that bets can be placed on any participating horse. She stated she is aware of only five surrounding property owners who were contacted by Mr. Loya,and she expressed concern that the comments of the applicant misrepresented her conversations with him. Nancy Frase, Frase Consulting Group, Inc.,stated her presentation is based on the information that was in the case file last,and does not address the modifications represented by the applicant today; however,the changes will be minimal to the outcome of her presentation. She reviewed the allotted water amounts for the site and the expected water consumption for each race event, with the specific amounts shown in the PowerPoint presentation, marked Exhibit JJ. She stated the water budget omits water needed for rinsing and cooling horses. Ms. Frase stated the applicant has promised to prevent alcohol from entering the site and establishing a safe environment; however, it is uncertain whether the applicant has the ability to follow through with his promises. She stated the site will not be permitted for parimutuel betting;however,it is anticipated that the characteristics of illegal races will carry over into the permitted events,which will have three times as many people in attendance. Ms. Frase made reference to the applicant's business practices and character,and submitted copies of incident reports from the Colorado Bureau of Investigation and the Platteville Police Department, marked Exhibits LL and MM. She questioned the applicant's abilityto maintain the site and proposed facilities,and suggested with Mr.Loya's education and business background, he should have known it was important to get approval of his plans before proceeding. She stated he also conducted races following his attendance at a violation hearing of a similar racing facility, therefore, she and her clients are requesting denial of this request. If approved, Ms. Frase requested the Board consider the following issues of concern: 1)design of the facility entrance, 2)historical use of the property with salvage items buried on the southeast corner of the site,which should require a Historical Solid Waste Disposal Impact Mitigation Plan,3)lack of an Erosion,Dust and Weed Control Plan,4)need for Reclamation Plan if use ceases or if proposal is denied and the property needs to be restored following the illegal races in May2005,and 5)requirement for a Noise Control Plan due to the significant amount of testimony regarding noise and the minimal amount of landscaping proposed for buffering. Ms. Frase further requested the Board consider the following: 6)the area's limited water supply,which should not be squandered on an entertainment venue to the detriment of long-standing agricultural uses in the area,7)determination of the specific number of events and times that will be permitted, and 8)the need for external regulation of the crowds versus in-house security guards. Ms. Frase also requested clarification regarding the proposed surface of the overflow parking area,whether racing will be stopped in the event there is an accident and emergency personnel are required to leave the site,and if the permit will be allowed to expand if water and sewer services are improved. She also questioned whether the sale of alcohol will encompass the entire site, and stated a liquor license will not receive the support of the neighborhood. She also requested clarification on who will monitor the gambling and ensure the betting remains in compliance with State requirements. In response to Mr. Morrison, Ms. Frase stated she will provide a digital version of her PowerPoint presentation for the record,and she has given copies of her submittal to the applicant. She further stated although character references are not required as part of the Use by Special Review process, she felt the information was relevant due to the nature of the facility and the fact that the 2005-3387 PL1804 HEARING CERTIFICATION - ALBERTO LOYA (USR#1522) PAGE 7 activities will not be permitted or regulated through the Colorado Gaming Commission. In response to Chair Jerke, Mr. Morrison stated a liquor license would be considered through a separate process,and the Use by Special Review Permit needs to be considered based on compliance with the zoning criteria, separate from the liquor process. Responding to Commissioner Vaad, Ms. Frase stated there are various methods of dust control that can be implemented; however, if dust mitigation is not addressed, the effects in this area are very serious due to fragile soil types. She further stated the figures in her presentation were provided by the applicant's engineer. Responding to Commissioner Geile,Ms. Frase stated the Liquor Code states an applicant can not hold two different types of permits if they create a conflict of interest. Jo Barbie,Weld County School District RE-1, expressed concern with the increase in traffic along an existing bus route. She stated the School District did not receive a referral on this proposal; however,she did receive notice of this hearing through a newspaper article. Ms. Barbie stated the District would prefer to eliminate the Wednesday race events to avoid conflicts with school bus traffic. She indicated there may have been some confusion as to which District this property is in, because staff did receive comments from Marvin Wade, Superintendent for Weld County School District RE-3J. Bill Sarchet, surrounding property owner, stated he is a lifelong resident of the area, and his two major concerns deal with water and soil. He stated he has been using a well that has been in existance since the 1930's; however, during the recent drought he drilled into the 70-foot aquifer. Mr.Sarchet stated he contacted Kerr-McGee in June 2005,which tested and found Benzine in the well, as well as the presence of Chloroform. He stated the well was drilled again in September to the Fox-Hill Aquifer; however, the well kept caving in, and his property is still without water. Mr. Sarchet questioned the approval of a use when there is no guarantee of a water supply. He stated the soil in the area is fragile; however, it can raise wheat. He stated if a crop fails, the result is severe blowing dust,and farmers must haul in manure to help prevent erosion. He inquired about the septic system design,and noted the soils are not suitable for adequate dilution. In response to Chair Jerke, Mr.Sarchet stated the Fox-Hill Aquifer will last fora while;however,the water quantities continue to decrease. He further stated the applicant would not be required to augment if he has the necessary permit allowing him to pump at the allotted amount. Debbie Neely,surrounding property owner,stated at the previous race events two cars came onto her property asking for directions,and there was increased traffic,dust,and trash. She stated her property is located approximately two miles from the facility,and there were times she could hear the events. She further stated she also witnessed vehicles going into the ditch. Angie Booco,surrounding property owner,stated she lives one mile southwest of the site,and her property is separated from the site only by range land. Ms. Booco stated on previous race days,the music started in the mornings and continued to be disruptive throughout the day. She stated her family spends the weekends at home,and their time will be negatively impacted by the events. She expressed concern with additional traffic during the week which will conflict with the school bus route. She submitted letters of concern from the local bus driver and the School District RE-3J Superintendent, marked Exhibit OO. Ms. Booco also expressed concern with people coming into the area who are unfamiliar with the roads,as well as limited emergency services. She stated the applicant has invested a lot of time and money and she is not opposed to racing horses or running a business;however,the residents of the area have also invested a lot into the communityand their 2005-3387 PL1804 HEARING CERTIFICATION - ALBERTO LOYA (USR#1522) PAGE 8 way of life. She stated the proposal is not an agricultural venture, it is an entertainment venture, which is not compatible with the area. ChairJerke called a ten-minute recess. Upon reconvening, George Ottenhoff,of Lind, Lawrence, and Ottenhoff, stated he represents Melvin Camp and Camp Farms,which have owned property in the area since the 1930's. He stated the Camp properties are used for ranching and grazing,and his client is opposed to the application. He reiterated the land is extremely fragile,and it takes years for the land to recover from any adverse impact. He stated chemical treatment will not be adequate mitigation for activities drawing more than 1,000 people two or three times a week. He stated the potential impact will be severe degradation and result in 80 acres of sand and weeds. Mr.Ottenhoff stated, if approved, the opponents are requesting a permanent Mitigation Plan with an adequate mechanism in place for reclamation if this venture is unsuccessful. He stated there are locked gates on the Weld County Road 28 Section Line leading through the Camp property for oil and gas and ditch activities. He stated there was one isolated incident where one of the locks was cut to gain access to the private road. He expressed concern with improper use of the private drive and the negative impact to livestock and the surface of the land. Mr. Ottenhoff stated the Colorado Oil and Gas Conservation Commission recently approved a rule which allows oil and gas companies to increase the number of wells allowed in defined drilling windows,which will result in more oil field traffic using Weld County Road 39. He stated the file contains a letter from Roy Wardell indicating he met with the applicant and discussed the issue of erosion; however,it appears nothing has been done and the situation is continuing to deteriorate. He stated the lack of remediation may be a good indication of what could happen in the future. He further stated the applicant purchased the property in March 2005, and the sales contract was contingent upon approval of a Use by Special Review Permit for the racing/rodeo activities. Mr. Ottenhoff stated despite that prior knowledge, the applicant erected race equipment on the site and conducted races without appropriate submittal. He stated the Use by Special Review application was not submitted until June 2005,after the citation of violation for illegal racing. He stated Mr.Loya failed to meet one requirement of the sales contract, and questioned whether he will be able to deal with the numerous requirements of the Use by Special Review Permit. Mr. Ottenhoff stated the proposed facility will likely require constant monitoring, and the track record for the facility indicates they will not meet the requirements in a timely manner. Ty Notestine, Weld County resident, spoke on behalf of the applicant's good character as a community leader and a person striving for unity among shifting demographics. He stated many people face difficulties in trying to get integrated into American society. He stated the proposal is not requesting special approval based on cultural reasons,and he feels there are ways to mitigate the concerns of the surrounding property owners. He stated the Board has the ability to place reasonable requirements to allow this venture to proceed. Elizabeth Hanson, applicant's sister, stated their father taught them to follow their dreams. She stated all of the Loya children have college educations,and as a business owner she understands that there are times when it is difficult to oversee all the necessary requirements. She stated her brother is willing to work with the staff and neighborhood to continue mitigating concerns. Gracie Loya, applicant's sister, stated she is a criminal investigator with the Public Defenders Office,and she support her brother in his various business ventures. She stated the patrons were enthusiastic to bring family to this facility,which was operated with safety and dignity. She stated 2005-3387 PL1804 HEARING CERTIFICATION - ALBERTO LOYA (USR#1522) PAGE 9 the events will be family operated,and although she understand the concerns of the community and needs of the land, she feels her brother is prepared to address the relevant concerns and comply with the necessary requirements. She stated Alberto Loya is a family man, a business man, and a community leader. Roy Wardell, Weld County resident, stated he operates a family ranch across the road from the proposed race track. He stated his property borders Weld County Road 39 for two miles north of the site,therefore, he will be significantly impacted by increased traffic. Mr.Wardell stated he has been a reluctant opponent of the proposal because he felt the Latino community should have a facility for their racing activities. He stated he spent time with the applicant, before the Planning Commission hearing, and discussed the erosion conditions of the site; however,the applicant did not initiate any mitigation measures and the soil is currently blowing and drifting. He further stated the subject site cannot withstand any activity without complete mitigation, and applying water will not mitigate dust, since it only takes ten to fifteen minutes of wind before the soil starts to blow. Mr.Wardell expressed concern with the applicant's testimony that a majority of the patrons will be coming from Denver, rather than the Greeley/Weld Countycommunity. He further stated members of the Latino community are also split as to whether this will be a benefit to the community or not. Fred Dodge, surrounding property owner, stated the applicant has indicated there will be various race events throughout the day,and he questioned if 1,103 is a maximum for one day,of if people can be revolving in and out of the facility as long as the maximum capacity is not exceeded. Pam Nichols-Kretzer, surrounding property owner, stated traffic accidents at the intersection of Weld County Roads 41 and 22 always result in a fatality,and she expressed concern with bringing more traffic to the area. She stated horse owners are particularly impacted by traffic on the roads, as well as when vehicles crash through fences releasing or killing livestock. Melvin Camp, clarified he owns the east half of Section 26, all of Section 25, and the west half of Section 30, and all of Section 31, in Township 3 North, Range 65 West. He stated he drilled five wells, but only two wells were successful in Section 31, therefore, he wants the section line road controlled so his livestock may cross to get water. Kathy Jones,surrounding property owner,stated most of the area residents are not against horse racing and the specific track procedures, and the issue is not a matter of race or community. She stated the people of the local community do not want this use permitted in their community, nor do they support a liquor license. Ms. Jones stated the neighbors have spent a lot of time and money on preparing their arguments for this case. She stated this will not impact Weld County as a whole; however, their small local community will be significantly impacted. There being no further comments, Chair Jerke closed public testimony. Forrest Leaf, Leaf Engineering, represented the applicant and stated he has assessed the site for water. He stated the applicant has received a well permit for commercial use from the State Engineer's Office. He stated the well will be drilled to the Laramie-Fox Hills Aquifer, which is a confined system and does not require augmentation. Mr. Leaf stated the water budget was estimated based on peak use for every event throughout the year, and he did leave an extra acre foot for miscellaneous uses. He further stated the reduction proposed results in ten acre feet designated for dust abatement for the roads,track,and overflow parking area. In response to Chair 2005-3387 PL1804 HEARING CERTIFICATION -ALBERTO LOYA (USR #1522) PAGE 10 Jerke, Mr. Leaf stated a typical application would be one-half inch during the events, not each day of the year. He further stated eighty percent of the plan is dedicated for dust abatement, and although 20 gallons per minute is slow,the system will be regulated by the State,and there will be storage for the dust abatement. Mr. Hodges stated the proposal will improve the site, and the surfaces for roads, parking, and pedestrian walkways will surfaced to further reduce blowing dirt. He stated the application of Magnesium Chloride will remove additional area from blowing potential,the applicant is considering the use of recycled asphalt on the access road, and the remainder of the site will remain in range land with limited numbers of livestock, which is consistent with the neighborhood. Mr. Hodges stated the applicant will work with the Extension Office to create a Mitigation Plan. He stated access along the Weld County Road 28 Section Line is no longer proposed, Weld County Roads 28 and 39 are already paved and designed to handle the anticipated traffic,and necessary improvements will be made at the entrance to the site. He further stated the applicant is conducting a noise study and considering the use of concrete grand stands,versus aluminum bleachers,to reduce the noise. He stated the surrounding property owners recently came together as a community regarding this land use case; however, there are only five adjacent property owners of very large parcels. He stated if the proposal were adjacent to an urban subdivision he would not personally represent it; however, he feels this use is compatible with the surrounding area. In response to Chair Jerke, Mr. Hodges stated the applicant would be responsible for the additional expense of acceleration/deceleration lanes and signage. Responding to Commissioner Masden, Mr. Hodges stated the Agricultural Zone District allows 65 decibels for the commercial standard. Responding further to Commissioner Masden and ChairJerke,Mr. Loya stated racing events would cease if the ambulance had to leave, and activities would not resume until the ambulance returned or a replacement arrived. He stated he has a private arrangement with Weld County Paramedic Services to be present at the events from start to finish, and it is his understanding that the crew would be a private contracted party and would not respond to nearby calls. Mr. Loya stated he has five letters of support from residents within one mile and one from three miles away, and he questioned how many people were contacted and how the proposal may have been presented in a negative fashion. He stated his father's personal record was submitted by the opposition,and he clarified that he is the applicant and his father is only in attendance for moral support. In response to Chair Jerke, Mr. Loya stated the name of his bar means "The Vineyard" in Spanish, and the proposed race track name means"Race Track"and"horse worker." In response to Commissioner Vaad,Mr.Loya stated his application includes the possibility of pasture uses in the future; however, a specific area has not been designated at this time. In response to Commissioner Geile,Mr. Loya stated, if approved, he will submit a separate application for a liquor license. Responding to Chair Jerke, Mr. Loya stated he has reviewed and concurs with the Conditions of Approval and Development Standards, as proposed and modified. Ms.Davis requested Development Standard#23 be modified to replace the word"volunteers"with "employees,"and the Board concurred. Mr. Carroll stated Condition of Approval#1.F should be deleted, since the access is being moved from the Weld County Road 28 Section Line, and the Board concurred. He state Condition of Approval #1.G should be modified to add striping and appropriate signage in accordance with the using the Manual on Uniform Traffic Control Devices (MUTCD)standards. He further stated Condition of Approval#1.K.4 should be modified to delete all but the first sentence,and Development Standard#4 should read,"The access gate along Weld County Road 39 shall be opened the day of the racing events so as to not back up, stage, or park 2005-3387 PL1804 HEARING CERTIFICATION -ALBERTO LOYA (USR#1522) PAGE 11 overflow traffic on Weld County Road 39." In response to Commissioner Masden, Mr. Hodges stated there is adequate circulation in the primary parking area to turn cars around and send excess traffic back out through the primary access without using the emergency access. Mr.Carroll stated Development Standard#7 should be modified to add the following to the end of the sentence,"and Weld County Road 28 Section Line,"and the Board concurred. He stated staff would like to move the entrance 450 to 500 feet north from the Weld County Road 28 Section Line and place the left turn slot past the curve section of the road. He stated staff can handle those changes internally under Condition of Approval #1.G, and the Board concurred. Responding to Chair Jerke, Mr. Hodges stated they will move the entrance location and redesign the entrance to provide additional landscaping and buffering to help address the concern of horses racing towards Weld County Road 39. In response to Ms. Hatch, Mr. Loya stated he is willing to eliminate Wednesday events and holiday hours. Commissioner Masden stated Development Standard #13 should be modified to state no races will be held Monday through Friday or on holidays,even if they fall on the weekend. Mr. Morrison stated the liquor license process allows for statutory hours within the premises. In response to Commissioner Geile, Mr. Morrison stated liquor licenses may have conditions; however, the type of license has not yet been determined, and if there is concern, the hours should be addressed under this permit. The Board concurred with modifying the last sentence of Development Standard #13 to state liquor service shall cease two hours prior to sundown. Ms. Hatch requested all references to"indoor arena"be removed from the Resolution, and a new Development Standard#5 be added to state,"The north access is limited to emergency and oil and gas vehicles only." Responding to Commissioner Geile, Ms. Davis stated the percolation rates will be reviewed with the septic system permit. Tom Finley,Terra Logic Consulting, stated the area soils are known for rapid permeability,and percolation rates range from 10 to 40 minutes per inch,which is too fast for conventional systems. He further stated engineered systems can be designed to adequately work in this type of soil. Responding to Chair Jerke, Mr. Finley stated there will likely be one septic system to service the caretaker's quarters, and four separate systems for the public restroom facilities. He stated the applicant is attempting to have each system accommodate 2,000 gallons per day,and they can increase the septic tank capacity by designing a dosing system to spread the load over the week. In response to ChairJerke, Mr. Loya stated he concurs with the modifications as discussed. Commissioner Vaad stated he feels the traffic concerns have been adequately addressed, since the proposed design will allow for more storage capacity with left-hand turn lanes and advisory speed limits through the curve in the road. He stated water will be used to supplement Magnesium Chloride applications for dust abatement,Weld County Paramedic Services does contract to cover private events and must assure coverage of the area with other emergency vehicles, and the existing businesses in the area address his concerns regarding compatibility. Commissioner Vaad further stated that he is not convinced adequate steps can be taken to mitigate erosion damage. He stated the parking lots and walkways will be surfaced;however,it will be difficult for the applicant to control where people walk in a large crowd. He stated the current condition of the site is not vegetated and is subject to blowing,and the proposed use would create more dust erosion,which would be poor stewardship of the land. 2005-3387 PL1804 HEARING CERTIFICATION -ALBERTO LOYA (USR #1522) PAGE 12 Commissioner Geile stated this is a difficult hearing. He stated the process has been guided by quasi-judicial guidelines, therefore, once a case has been filed the Board must listen to the testimony, review the case, and make a decision. He stated the soil is fragile and a soil augmentation plan will enhance/improve the property that has historically been mistreated. He stated recycled asphalt on the roads and gravel on other surfaces will improve the site, there will be an established traffic pattern throughout the property,and the racing facility will not cause further damage to what's already there, therefore, he supports the application. Commissioner Long stated he concurs with the previous comments that there will be good stewardship measures to improve the area,and there has been sufficient testimony regarding the applicant's sound business sense. He stated there is potential for erosion of this type of soil; however,he feels the applicant will use the various methods available to mitigate the impacts in an effort to benefit his venture and be good a steward of the land and the community. He stated the public testimony also indicated a significant amount of equine recreational activities already exist in the area, and although there will be an increase in numbers, this will still be a similar and compatible use. Commissioner Geile referenced a similar case near Aristocrat Ranchettes which was heard by the Board,and stated this type of operation seems to be spreading throughout Weld County. However, in the other instances Weld County had no control until the facility was caught and brought forward through the violation process. He stated this facility is being considered in a legal and just manner. Chair Jerke expressed concern with combining gambling with racing with alcohol and large crowds. He stated although he has the utmost respect for the applicant, he does not want to see Weld County go in this direction. He stated the applicant can mitigate land erosion;however, regardless of the location,his primary concern deals with the erosion of public standards when associated with gambling and drinking. Commissioner Masden stated he appreciates all the testimony provided. He stated the water supply has been addressed,fragile soils could possibly be mitigated, noise will be regulated,and the use is compatible with existing commercial uses in the area; however,there are also residences in the area. He stated commercial uses do not bring 1,103 people on any given day, and a designated drinking area can still create a problem. He stated he wants to ensure the health, safety, and welfare of neighborhood and County. He further stated the proposal could be compared to the entire Town of Gilcrest visiting the site for two days a week, and he finds that to be an issue of concern, especially the issue of traffic hazards when the patrons all leave at the same time. Commissioner Vaad moved to deny the request of Alberto Loya for a Site Specific Development Plan and Use by Special Review Permit#1522 for Commercial Rodeo Arenas and Commercial Roping Arenas,to include outdoor arenas,race track,and race course, in the A(Agricultural)Zone District, based on the reason previously stated. The motion was seconded by Commissioner Masden. Upon a call for the vote, the motion carried three to two, with Commissioners Geile and Long opposed. There being no further discussion, the hearing was completed at 6:45 p.m. 2005-3387 PL1804 HEARING CERTIFICATION -ALBERTO LOYA (USR#1522) PAGE 13 This Certification was approved on the 12th day of December 2005. ,,1 EL im` APPROVED: �� BOARD OF COUNTY COMMISSIONERS 11861 11 eis, al WELD COUNTY, COLORADO ATTEST: ✓(+ red qls.. 'tiny- `i if�% s4.Piir C William H. rke, Chair Weld County Clerk to the :%,t,,,,_j .r uAi �� l�� J. ile, Pro--fern BY: ,�( D: .uty Ca the the Board - cc of D id E. Lon TAPE #2005-45, 46, and 47 4\N-D -- Robert D. Masde aDOCKET#2005-90 (� _, 19 Glenn Vaad 2005-3387 PL1804 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF DECEMBER, 2005: DOCKET#2005-89 - MBM ENTERPRISES, LLC DOCKET#2005-87 - CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip C4C c.,-'C 1% 5 f 1, S/_?'/ (G' S e yS 66, /�'lo©� V/ (C�or, ley g/, X1O ✓if1� e(9. � abs5 )( ooms J.�xy r/e4,t,fr- r/4ke7,3„6,1 3o`ri 4Z.gaelh //0`/4 Y / SvA7t 2N PZ4-q-4-.h,!�� 7 GAS j)a4 6, CA 8k50- )`7i6- 4; 4,-„c S ei-Q c-r M2 63y P.�-nI W AL / 1505 L k I d G (mil .#3'1 hi. L C)fp r C o 062-/ CE 'TFLb D nir, 4 / i Sn.S t,) c N. 3 7 FT_ I ;,p7'o (1/4/ ca - s e a l alni INOrnaSo - no- 47-4 nfre Cr CI,/ kY1 1-. <‘: 51 fl�\es nichohh Hno () CR 3 )J ' d Son ,/ (hbo r�'O�e 4/42 c cite\t‘015- 1. -uef Q ql tqc, Lo Ti) Hod S n / Oo zGpy9 `Tynf )Cter"zeie .2 / 4'%0 wcR 2z /10,-46A)1co , sf, 69z Dcz'nc& &tJ A-L /f& ) a. `W/ wu y 3 Akt d- co _n . goy z kO&En SAM n SEC I/ RI w -!L 3 9 I4-c4o s , rs & S',2_ f ry , l R'7O w cR f-4- . LOP-10 �O to Itiar � VOD(o ii gYD I,,lcN 37 -Ft I i,t)on Rotal Y 6(?6,Yql.J 4viyc°tJ 9g/I cs) cR� d32 r- r. ! ,i/Ora , 1 cc X062` ) .p u�,� \ icce.cv('` I�poI Pa,ekki LA ACC'S PO,ME ei;i.Tf 10i �o 1,nnce+.4 a0 gios la ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS.7TH DAY OF DECEMBER, 2005: DOCKET#2005-89 - MBM ENTERPRISES, LLC DOCKET#2005-87 - CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe�/ / 123 Nowhere Street, City, State, Zip ( 9A° Ti ` WI e/ ?O'hs O1(,14/6l.( ad50t lfi3 S53O J 414,,,c • L2 <Xg rah: -floc ce Point:, ri`ec/ 1(,j 3 if Li/ ar9 /7 Gep4A l© 861()2 I L1S�1 I> cse- / 3453 R 22 ri G,cj9-JoN Po , SyNtoZ / vPn 7---Yr4 iqt r'l eyo M9 s 7L/o c R�-es & LS 1 n 1 c R 3 g-9 ('lu u^'III co cobsl i( lea i '77l 7 CR -1 11-7L L up ;LOA/ - 5 rt'09)/ L"Mgn' --Mn _ �a 557-) ToJ r,_)= L ,,r v L .:-' J l /iAS..Lrt'1vec-, gtSle CO I ►c47o 61237 pi wr't u, C,7-1 )1 egl Valc1? .77 Cd. L.0 4, .10/P Z./ oe-Po4s'/4er /Igc)-k' cuat3R Ft. Lcifcn - fa4,)-/ eiv/yrti) C fvli>z) nl— /R34/ Wen :). 9 fq 7d xi go 4 9-1 frMur/?k SIl lst1,- h1- /Gate c /Co / c1c /�La X orn/ciA /S�S2G/e/d/c��,/ c;� �� a-4,W/, �cs/o ,�FO‘5% $a A Lo .>" k, r. / can tip/e/ a(1, /f d, 2 8" /'/0//e v ��e CO R'o,�s" ,y7 /; Rw o eh ,`AZL- ) / f le/o Ga e Ie. ;)- i �No k So z.. d' a X d 6y a ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF DECEMBER, 2005: DOCKET#200549 - MBM ENTERPRISES, LLC DOCKET#2005-87 - CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe �7 /123 Nowhere Street, City, State, Zip P1� diL V��✓I�r !!! /O[� � C�6'wGC,GK✓ ✓� U �.d CC CI - `JV0.UAStnn I3`E7( itt2 3t P(a-Lev; I(e OD SEc°s/ Keuonbrvuvvso-n 134-71 (Jock- PId e /(e C-0 sbc25-/ 11 loonA 177 rchc F(0 7 ( )Ck 41 , Ft I-U-FL� co ?O Carol d. Sarc.� e. 9 27 141/1 R `6/ Ft- ).i,.rt� v7 CA 91) ) iSiY oksg,F N��, t- Y Iti106 w A “ ( P1-4 -.rhv,yLr Co , f06, S l err, k)aq r � 7Z Co / (11-e) c/ Lro/t-kr ,C;0.cc he LOCR yl Pt. L.cip'f-on a.(' RObZ( Frei kV SarcllP,t 9cd/ We ? ' /_t Au1Tn/ Co 30'2/ I m t¢ e 1)'hitt /av- l)rU s 1 39z tZ do,- (t cit) J©3 ES tags, 1OCR 37 Lop- S a- I J Oj3Es i r s ( .oC R 1 LopTho CoMod- 1 ticeso t03o .eS Iisq, wc � � 7 �� l, ))rou, C,0 (O� / CiTha �1 13 Yn 29, 77 . Tj r2u 1-) -?-' f �ti� z�.- r �!t2 *v 2cs / 1L I I ) , C,A/'nT f. 12 I .O-z 9y-J QtAT1v)1-1 < (1/1 �i � S ,�l' o 1)12 0— 1011 1/ 's- Ave teel.ey ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF DECEMBER, 2005: DOCKET#2005-89 - MBM ENTERPRISES, LLC DOCKET#2005-87 - CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip /y /1/o7 cc k- 393/ /9Th s=. - J 62rctr 8o6?y (P' r6/P rI-evt tz-o i /©R dl ? /4-Lie' /� ley , R06 3 l 1vC runscy a se( ✓3 - re;0resemh (Alp Toy 6r 4leu�44Rr 13 : II '6u,_.:, 3sia /3-1 ,-,L-4,“ 59- E.,o c ., 6®(2. Zc J Rarbi e, WeAc. Gouty. 1kool DA. RE - 1 , �l /crest Co B06;2,3 ,'/4 v /> e,o ,> -72 -7 46≥vD65l r , 4 yee/�`y '. a6 . 7/ Demo-,e Nee\y IL, La7 is---t a Cw ,,L Rya ,-A , Cu FoC9Si i4Ap)E z/or°/ ;/LEre / 2',‘(-7C) to , )-I ' R o (S r ? a rd t‘ Vc9 co aip ; /6s(2 �� /id // eit,,Y:•A , 71_ p soia s A b s o(\Cn LP l`a Vick � 1 -a_ c2._ C co,c * \ sue rk Pq (2 c., ) e X . hosi ,cz>2s\ nr- ' _ N zm0l- )-012,111-N) A C fthn e 90 P /7 l' p -Tit kJ) c L C , ea ce)/ez C/ EXHIBIT INVENTORY CONTROL SHEET Case USR#1522 -ALBERTO LOYA Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 09/20/2005) D. Clerk to the Board Notice of Hearing E. Clerk to the Board Memo re: Scheduling past 45-day deadline, dated 10/26/2005 F. Kevin Brunson E-mail of Opposition, dated 09/16/2005 G. Gary Brunson E-mail of Opposition, dated 09/19/2005 H. Jennifer Teets E-mail of Opposition, dated 09/20/2005 I. Margret Hilty E-mail of Opposition, dated 09/20/2005 J. Kris Brunson E-mail of Opposition, dated 09/20/2005 K. Ed and Christine Schwartz E-mail of Opposition, dated 09/20/2005 L. Bea Johnson E-mail of Opposition, dated 09/20/2005 M. Daphne Marvin E-mail of Opposition, dated 09/21/2005 N. Barb Schluneger E-mail of Opposition, dated 09/20/2005 O. Applicant Letter re: Corrections to Planning Commission Resolution and request to proceed with hearing process, dated 10/07/2005 P. Terry and Judy Meyer Letter of Opposition, received 10/12/2005 Q. William Sarchet Letter of Opposition, dated 11/14/2005 R. PETA Letter of Opposition, dated 11/21/2005 S. Daniel Sheldon Letter of Opposition, dated 11/10/2005 T. Doug and Kathy Wilch Letter of Opposition, dated 11/30/2005 INVENTORY SHEET- USR#1522, ALBERTO LOYA PAGE 2 U. Richard and Beth Lonkin Letter of Opposition, dated 11/26/2005 V. Planning Staff Revised USR Plat Map, dated 06/25/2005 W. Lucille Turner Letter of Opposition, dated 11/29/2005 X. Jerry and Debbie Neely Letter of Opposition, dated 11/28/2005 Y. Roy Wardell Letter of Opposition, dated 12/04/2005 Z. Anne-Marie Flott Letter of Opposition, dated 12/06/2005 AA. Wayne and Marion Flott Letter of Opposition, dated 12/06/2005 BB. School District RE-3J Letter of Opposition, dated 12/05/2005 CC. Neva Nichols Memo from CTB re: Testimony of Opposition received via telephone on 12/07/2005 DD. Planning Staff Certification and Photo of sign posting EE. Planning Staff Memo re: Changes to Conditions of Approval, E-mail from Platteville/Gilcrest Fire Protection District, Revised Site Plan, and Proposed site access design, dated 12/06/2005 FF. Planning Staff Revised Site Access Detail, dated 12/07/2005 GG. Applicant Copy of PowerPoint Presentation / Photos of Sign and Entrance Examples HH. Applicant Letter from Sheriff John Cooke, dated 12/02/2005 I I. Planning Staff Letter from Kerr-McGee Rocky Mountain Corporation, dated 12/05/2005 JJ. Neighborhood Group Copy of PowerPoint Presentation made 12/07/2005 KK. Jill Bailey Oversized Map with overlays INVENTORY SHEET- USR #1522, ALBERTO LOYA PAGE 3 LL. Nancy Frase Incident Report and Colorado Bureau of Investigation Records Check MM. Nancy Frase Platteville Police Department Incident Reports re: El Venial Cantina NN. Nancy Frase E-mail response from Cindi Etcheverry, dated 11/28/2005 OO. Angie Booco Letters from LeRoy and Georgia Andrews and School District RE-3J, dated 12/03/2005 and 12/05/2005, respectively PP. Applicant Letter of Support from John Hochmiller, dated 12/05/2005 QQ. Applicant Letter of Support from Ruben Pallarez, dated 12/05/2005 RR. Applicant Letter of Support from Luis Lopez, dated 12/05/2005 SS. Applicant Letter of Support from Javier Valasquez, dated 12/05/2005 TT. Applicant Letter of Support from Lovelle Williams, dated 12/05/2005 UU. Applicant Letter of Support from Rob S., dated 12/05/2005 Hello