HomeMy WebLinkAbout20231745.tiffHEARING CERTIFICATION
DOCKET NO. 2023-38.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0012, FOR A COMMERCIAL RECREATION FACILITY AND EVENT FACILITY
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - REGIONAL TRANSPORTATION DISTRICT,
AND JEFFREY AND RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES,
LLC
A public hearing was conducted on August 23, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair — EXCUSED
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Maxwell Nader
Department of Public Health and Environment representative, Lauren Light
Development Review representative, Melissa King
The following business was transacted:
I hereby certify that pursuant to a notice dated May 15, 2023, and duly published May 17,
2023, in the Greeley Tribune, a public hearing was conducted on June 28, 2023, to consider
the request of Regional Transportation District, and Jeffrey and Rachel Rummer,
c/o Colorado Railbike Adventures, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0012, for a Commercial Recreation Facility and Event Facility outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. At said hearing, the Board
continued the matter to August 23, 2023, to allow the applicants adequate time to conduct a Noise
Study, obtain a "will serve" letter from the Left Hand Water District, hold a community meeting,
provide clarification of the uses proposed for the event facility, and make an additional attempt to
communicate with the Town of Erie regarding the proposal. Karin McDougal, Assistant County
Attorney, made this a matter of record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
reviewed four (4) action items the Board tasked the applicant with at the last hearing and
confirmed staff had not yet received a "will serve" letter from the Left Hand Water District. He
removed two (2) properties from the initial request to accurately represent the boundary of the
USR, as the applicant no longer intends to extend the use east of County Road (CR) 3.
Lauren Light, Department of Public Health and Environment, stated a Noise Study had been
submitted, which indicated the residential noise limit can be met, and proposed additional
CG: PL (TP/MN/DA/dWW)
9g/2/23
2023-1745
PL2875
HEARING CERTIFICATION - REGIONAL TRANSPORTATION DISTRICT, AND JEFFREY AND
RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES, LLC (USR23-0012)
PAGE 2
language be added to Development Standard (DS) #17, stating the accepted Noise Study shall
be adhered to.
IC Jeff Rummer, applicant, presented a PowerPoint presentation (Exhibit O), explained railbiking
and outlined the business objectives. He stated the Left Hand Water District "will serve" letter is
pending the Town of Erie's Board approval, which should happen at the September 21, 2023,
Board meeting. He provided a timeline and the details of the community engagement meetings,
including concerns heard at the meetings of noise, traffic, lighting, screening, events, and hours
of operation, and he reviewed the Noise Study, which indicated they can meet the residential
noise limit. He described the updated Screening Plan, explained they will be adding berms with
plants on them, as well as various fencing around the site, and relayed they shifted the
event/storage barn and outdoor area to the south. Mr. Rummer explained the events will consist
mostly of small gatherings and community use, with a limitation on the number of events,
occupancy and hours of operation, and confirmed no events will be held until the event/storage
barn is constructed. He displayed a map of other USRs in the area and mentioned a DS had been
added, which makes the USR non -transferable upon the sale of the property.
El After consulting with legal counsel Chair Freeman excused himself, as he was not present
for the initial hearing on June 28, 2023, and relayed Chair Pro-Tem Buck would preside over the
remainder of the hearing.
Tansea Love, surrounding property owner (SPO), represented herself and Christy Bolivar,
and presented photos (Exhibit P) of the rail line, her property and the surrounding area. She
asserted the application does not meet Code Section 22-2-10.B (respecting private property
rights) or Section 23-2-200 (compatibility with existing land uses). She stated the USR activity
being so close to her pasture puts her and her partner in danger while riding their horses and
relayed there is no mitigation against railbiking activity for the SPOs. Ms. Love expressed concern
for the potential decrease in property value and requested berms be added to her property, if the
USR is approved. Commissioner Saine explained private property rights protect both the applicant
and SPOs and relayed the Board is tasked with making sure the USR is safe, and the impacts
are mitigated. There was conversation about fencing and berms, as well as possible future
commuter lines on the rail track.
Andrea Vella, SPO, expressed concern about Code requirements, pertaining to water and
sewer, not being met, and asserted the Noise Study only took into account the railbiking activity,
not events. She stated any business in the A (Agricultural) Zone District should align with
agriculture. In response to Commissioner James, MS. Light stated DS #18 addresses water and
sewer, and because the business will operate six (6) months or less per year, permanent water
and sewer are not required.
Carole Pitre, SPO, represented herself, as well as SPOs Lori Cito and Sabia Magurn. She
asserted the applicant has not met the requirement of water and sewer and .has not provided a
detailed description of the proposed operation of use. She requested the number of events be
broken down by daytime and evening events, and questioned the use of amplified sound and
what "railbike related activities" entailed. She stated she bought her property because it is zoned
2023-1745
PL2875
HEARING CERTIFICATION - REGIONAL TRANSPORTATION DISTRICT, AND JEFFREY AND
RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES, LLC (USR23-0012)
PAGE 3
A (Agriculture), it allows for her horses, and stated she believed the USR is incompatible with
existing uses. Commissioner Saine reiterated it is the Board's job to make sure the applicant
mitigates impacts and in response to Commissioner Saine regarding possible mitigation
measures, Ms. Pitre suggested a turn lane off of CR 3, a higher berm on the north side of the
Rummer's property with trees/plants that won't die in the winter, and limiting the number of events.
IE In rebuttal, Mr. Rummer stated they are open to different/additional mitigation measures,
discussed the amount of traffic associated with railbiking and events, and asserted that breaking
down the small events allowed, per morning/evening/day/month would be hard for them to track
as business owners and hard for Weld County to enforce. Mr. Rummer described to
Commissioner Saine the Town of Erie's future, proposed walking path will be located north of the
site and will consist of a spine trail with crusher rock on both sides, and that bike lanes will be
added on CR 1.5 and CR 3. He confirmed they did consider building berms on SPO properties,
but stated the subject site is easier to control and access, and relayed they will have to assess
the impact taller trees would have. Regarding traffic, Melissa King, Development Review, stated
turn lanes are triggered by peak hour traffic volume, which the proposed use will not meet. She
further explained why a Four-way Stop sign does not make sense on CR 1.5, and noted the
Department of Public Works is working with the Town of Erie on speed limit signs in the area.
EI In response to Commissioner James, Mr. Nader clarified the RTD properties encompassed
in the USR application are identified in the Town of Erie's 2015 Comprehensive Plan as open
space, public use or rural residential. Regarding Condition of Approval (COA) #4.6 (requirement
for a Certificate of Occupancy), Mr. Nader confirmed railbiking will commence upon the opening
of the business, but weddings and other events will not take place until the event building is
constructed. He also explained that several changes had been made to the Resolution, after the
Planning Commission hearing, including the operational season, hours of operation, number of
events, number of attendees, lighting, adherence to the Noise Analysis, and the requirement of a
Certificate of Occupancy, prior to holding non-railbike events. The Commissioners agreed to the
aforementioned changes.
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In response to Chair Pro-Tem Buck, Mr. Rummer indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
IE Concerning changes made to the Resolution, Andrea Vella questioned the Noise Study, with
regard to the event center, and Ms. Light confirmed an updated Noise Study had been submitted,
which included noise from both railbiking and events.
Tansea Love questioned the timeline of landscaping and screening, and Mr. Nader confirmed
the Board did not make a change to the timeline. She read DS #7, which contains standard
language allowing the applicant up to one (1) year to complete their landscaping and screening.
Responding to Commission James, Mr. Nader clarified the railbike operation can commence upon
construction of the parking lot, whereas, the commencement of events will require the building to
have a completed Building Permit and certificate of Occupancy.
2023-1745
PL2875
HEARING CERTIFICATION - REGIONAL TRANSPORTATION DISTRICT, AND JEFFREY AND
RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES, LLC (USR23-0012)
PAGE 4
El Mr. Rummer confirmed the berms and parking lot will be the first things installed, with some
berms going in prior to the commencement of railbike operations, next June, and the rest being
installed within one (1) year. Chair Pro-Tem Buck commended the applicant for the revisions he
had made to mitigate impacts since the last hearing. In response to Commissioner James,
Mr. Nader confirmed Planning staff can approve the Landscape and Screening Plan to account
for the timing of a planting/growing season.
Commissioner Ross moved to approve the request of Regional Transportation District, and
Jeffrey and Rachel Rummer, c/o Colorado Railbike Adventures, LLC, for Site Specific
Development Plan and Use by Special Review Permit, USR23-0012, for a Commercial
Recreation Facility and Event Facility outside of subdivisions and historic townsites 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. The
motion was seconded by Commissioner James, who stated he appreciated the input of the
neighbors, and commended the applicant for his efforts to mitigate impacts to the SPOs. At the
suggestion of Ms. McDougal, Mr. Rummer again indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended. Commissioner Saine
expressed support for the application and plead for the SPOs to understand the Board must
consider both parties' property rights. The motion carried unanimously, and there being no further
discussion, the hearing was completed at 11:37 a.m.
This Certification was approved on the 6th day of September, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dfday0,0 &5 je:4 •t1
Weld County Clerk to the Board
Kevin D. Ross
2023-1745
PL2875
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