HomeMy WebLinkAbout991259.tiff HEARING CERTIFICATION
DOCKET NO. 99-32
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1224 FOR A COMMERCIAL RECREATIONAL FACILITY (ROPING ARENA) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ROY AND JACQUELINE NELSON
A public hearing was conducted on May 26, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 12, 1999, and duly published May 15, 1999,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Roy and
Jacqueline Nelson for a Commercial Recreational Facility (roping arena) in the A (Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri
Lockman, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. Ms.
Lockman gave a brief description of the surrounding uses and the location of the site, which is
approximately 70 acres in size. She stated the property was previously used as a feed lot and this
Use by Special Review Permit will ensure compatibility with the area. Ms. Lockman submitted a
referral and letter from the West Greeley Soil Conservation District marked Exhibits E and F, and
stated Condition of Approval #2.D and Development Standard #17 address the dust blowing
concerns regarding the site. Ms. Lockman also submitted responses from the Weld County
Department of Public Health and Environment, marked Exhibits G, H, and I, and stated seven
entities submitted a favorable referral and one did not respond.
In response to Commissioner Geile, Ms. Lockman stated two complaints have been received
regarding this property, the applicant has been working with Mike Shay, West Greeley Soil
Conservation District, to resolve the dust blowing complaint, and the Weld County Department of
Public Health and Environment is addressing the run-off complaint. Ms. Lockman indicated the
location of the corrals which hold approximately 200 cows. Trevor Jiricek, Department of Public
Health and Environment, stated for an unconcentrated operation a lagoon is not typically required;
however, due to the close proximity of the corrals to the property boundary, a lagoon is necessary
to keep run-off from flowing onto the neighbor's property. Mr. Jiricek stated as a result of the run-
off complaint, the applicant submitted aWastewater Management Plan which has been approved
by the Department of Public Health and Environment. He added the applicant has not yet
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addressed manure management as required in the Development Standards. In response to
Commissioners Vaad and Baxter, Mr. Jiricek clarified that the Confined Animal Feeding Operation
Control Regulations apply to any number of animals; however, there are two levels of regulations.
He explained there are regulations which apply to animal feeding operations, as well as
concentrated regulations which apply when the operation is over 1,000 animal units or there is
discharge from the facility. Mr.Jiricek stated the concentrated regulations apply to this application
due to the occurrence of discharge, and added Development Standard #7 in conjunction with
Condition of Approval#2.A will be satisfactory. Responding to Commissioner Vaad, Ms. Lockman
stated Mr. Shay's referral response indicates his recommendation for dust blowing mitigation will
need to be followed or blowing dirt will be inevitable. Commissioner Kirkmeyer commented she
agrees with the referral that screening is necessary to help mitigate dirt blowing from the property.
Jacqueline Nelson, applicant, stated when she and her husband purchased the property, the
pasture had been over grazed and was blowing. Ms. Nelson stated they planted grass seed last
year; however, due to poor weather conditions, the seed died. In response to Commissioner
Baxter and Chair Hall, Ms. Nelson stated the area is naturally dry and sandy, they are willing to put
in a windbreak, and they agree with the Conditions of Approval and Development Standards. Ms.
Nelson added the neighbor which filled the complaints runs a similar operation on their property.
Wendy Harbour,surrounding property owner,expressed concern with allowing the commercial use
of an arena located in an agricultural area. She stated the applicant has not done much to fix the
problems of erosion and run-off, nor is the proposal consistent with the surrounding uses. Ms.
Harbour stated nine new residences have been built in the area over the past four years and the
proposed use will only increase the existing traffic problem. She further stated she is in the
process expensiveof re-establishing grass on her own property; however, the applicant is using
P
a no-til process which has been unsuccessful, and the wind erosion and run-off from the Nelson
property destroys any progress made on her property. Ms. Harbour explained the soil is very sandy
and any grass established will be fragile and cannot support heavy traffic, such as a parking area,
and there is no water for irrigation. She stated her property borders the Nelson's for approximately
one-half mile, prior to the recent spring rains the blowing dirt had drifted along the fence line, and
there was also blowing trash. Ms. Harbour stated Development Standard#17 will not be adequate
for controlling the blowing dirt from the parking area once the grass is destroyed; she recommends
a six-foot minimum fence, as well as mature trees to form a windbreak and noise barrier; the
Nelson's property naturally drains to the south across her property and onto Weld County Road 53;
and the existing damage has not yet been addressed. Ms. Harbour submitted two sets of
photographs, marked Exhibits K and L, showing the run-off which has formed an obvious path
across her property. She stated this has been an on-going problem for the past two years; asked
what measures will be taken to ensure this property comes into and remains in compliance; and
added due to the high density of people, animals, traffic, and noise, the operation should be held
at a facility such as Island Grove Park which is designed for this type of operation. Chair Hall
explained if the Departments of Public Health and Environment or Planning Services receive a
complaint regarding this property, it will be investigated and the permit can be revoked if the
Conditions and Development Standards are not complied with. In response to Commissioner
Baxter, Ms. Harbour stated she has lived in the area for four years,the Nelsons moved in two years
ago, and grass can be grown in this area if it is properly maintained and not over grazed.
Responding to Commissioner Kirkmeyer,Ms.Harbour stated she would like a six-foot privacy fence
built from the ditch to the road to help mitigate the effects of loud speakers and lights. Responding
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to Commissioner Vaad, Ms. Harbour stated a windbreak on the north of the property may help with
the wind; however, they would still have to deal with run-off. Chair Hall commented that the
Conditions of Approval require some of the problems be dealt with prior to operation, and the
Landscaping Plan will be approved by staff to help prevent dust blowing.
In response to Mr. Morrison, Mr. Jiricek stated he viewed the property and explained natural run-off
is not regulated unless it comes into contact with animal run-off, which is the case in this situation.
He further stated the run-off cannot be routed around the corrals because the source of run-off
starts in the pens, and Ms. Harbour's photographs adequately depict the situation. Mr. Jiricek
stated if the Wastewater and Manure Management Plan is implemented and maintained, the
situation should be resolved, and the applicant will have to remove some of the corrals to have
room for the holding lagoons.
Upon rebuttal, Ms. Nelson stated her husband promotes team-roping events at rented facilities;
however, the intent at this property is to host local events one to five times per month. She stated
the activities will likely end before midnight and no more than sixty contestants will be allowed to
enter. Ms. Nelson clarified that the property had been over grazed before they purchased it and
it will take time to get the grass re-established. In response to Commissioner Baxter, Ms. Nelson
stated due to the rains this spring the area is green and they will mow the noxious weeds until the
grass takes root. She further stated he/property is 70 acres in size; however, only ten acres will
be used for the operation, and they will not graze the pasture until the grass is firmly established.
Responding to Commissioner Kirkmeyer, Ms. Nelson stated a hard gravel base in the parking lot
will be worse than grass because the dust from traffic will blow, and she submitted a Landscaping
Plan June 1, 1999, in which she proposed planting five to ten-foot trees which will be more effective
than a fence which requires additional maintenance. In response to Commissioners Baxter and
Kirkmeyer, Ms. Nelson stated they have access to the water trucks used for the arenas to water
the trees; the trash mentioned by Ms. Harbour comes from other properties and blows across their
property as well; and her husband has been away and has not yet seen the letter from Mr. Jiricek
dated May 20, 1999, to follow the recommendation of working with the surrounding property
owners, however, he did propose the August 10, 1999, deadline and feels this will allow sufficient
time for them to implement the proposed plan. In response to Commissioner Geile, Ms. Nelson
stated events will only be allowed to take place on the weekend and this is a seasonal operation;
therefore,she anticipates only four or five major events per year. Ms. Lockman stated Eric Jerman,
Department of Planning Services, has a background in landscaping and has reviewed the
Landscaping Plan; however,the specific types of vegetation has not been determined. She further
stated staff utilizes the training of certain Planning Services staff, as well as the recommendation
of Mike Shay, Weld Greeley Soil Conservation District, in reviewing a Landscaping Plan. In
response to Commissioner Kirkmeyer, Mr. Jiricek stated the applicant will need to remove some
of the corrals to install holding lagoons; however, the applicant proposed the August 10, 1999,
deadline and he also feels this will be sufficient time.
Commissioner Vaad stated the Use liy Special Review will allow the County to mitigate any
negative effects this operation may have on the surrounding area;therefore, he moved to approve
the request of Roy and Jacqueline Nelson for a Site Specific Development Plan and Special
Review Permit#1224 for a Commercial Recreational Facility (roping arena) in the A(Agricultural)
Zone District, based on the recommendations of the Planning staff and the Planning Commission,
with the Conditions of Approval and Development Standards as entered into the record.
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Commissioner Geile agreed with Commissioner Vaad and stated the two main issues of concern
regarding the holding lagoons and landscaping have been addressed in the Conditions of Approval;
therefore, he seconded the motion. Commissioner Baxter expressed concern with the current
condition of the property and stated he is voting for the motion with reluctance. The motion carried
unanimously.
This Certification was approved on the 2nd day of June, 1999.
L( �,,0,� APPROVED:
ATTEST: ��� ��,.���BOARD OF COUNTY COMMISSIONERS
• COUNTY COLA ' 'D�
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Weld County Clerk to th-(.oa d �
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°°� ♦ gale K. all, hair /
BY: i.tt� . i. •o/' �, h ,� I�J" _ �"
Deputy Clerk to the Bow . N
Barbara J. Kirkmeyer, Pro-Tem
TAPE #99-20 S
eorg er
DOCKET#99-32
M. J Bile
Glenn Vaad —
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•
991259
PL1306
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1224 - Roy and Jacqueline Nelson
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)
D. Clerk to the Board Notice of Hearing
E. Planning Staff •
EWest Greeley Soil Conservation District
Referral (05/24/99)
F. Planning Staff West Greeley Soil Conservation District
response (05/18/99)
G. Planning Staff Letter to Tim Nelson from Trevor Jiricek
(05/20/99)
H. Planning Staff Letter to Tim Nelson from Trevor Jiricek
(05/06/99)
Planning Staff Memorandum from Trevor Jiricek
(05/20/99)
J. Planning Staff Proposed Parking Circulation for 120
contestants
K. Wendy Harbour Photograph of damage dated 04/13/99
L. Wendy Harbour Photograph of damage dated 04/24/99
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF MAY, 1999:
DOCKET#99-30 - PAWNEE SPORTSMANS CENTER, %ALLEN RECHNAGEL
DOCKET#99-31 - BART AND GERI FISCHER
DOCKET#99-32 - ROY AND JACQUELINE NELSON
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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