HomeMy WebLinkAbout20231846.tiffHEARING CERTIFICATION
DOCKET NO. 2023-38.A
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 June 28, 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:
Karin McDougal, Assistant County Attorney, reviewed for the applicant and the public, the
procedures to follow should this case result in a tie vote due to four (4) Commissioners being
present and Chair Freeman being excused.
el 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 to consider the request of Regional
Transportation District and Jeffrey and Rachel Rummer, do 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. Karin McDougal, Assistant County Attorney, made this a
matter of record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
which is for railbike excursions, on custom railbikes, utilizing leased Regional Transportation
District (RTD) Boulder Industrial Lead tracks, from County Road (CR) 5 to CR 1, and an event
facility. He indicated, at this time, the applicant does not intend to go farther east than CR 3,
relayed the seasonal schedule, including hours of operation, number of employees and maximum
number of people at events, and described additional structures that will be built to accommodate
the operation. He outlined the correspondence received regarding the application, which included
letters of support and opposition. Letters in opposition cited concerns of traffic, noise, lights, and
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2023-1846
PL2875
HEARING CERTIFICATION - REGIONAL TRANSPORTATION DISTRICT AND JEFFREY AND
RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES, LLC (USR23-0012)
PAGE 2
the event aspect of the request, and letters in support expressed the desire to see a small
business flourish in this part of the County and excitement to participate in the activities. He
shared, per the Development Review staff, the applicant has proposed an access on CR 3, south
of the intersection with CR 1.5, and an Access Permit will be required. He provided the recent
traffic counts on CR 3 and indicated a Road Maintenance Agreement and Final Drainage Report
will be required. He stated the site is located within the three (3) mile referral area of the Towns
of Erie and Frederick and the City of Dacono, mentioned the Town of Erie did not return a referral
response, and listed the surrounding Uses. Mr. Nader entered the favorable recommendation of
the Planning Commission into the record as written and displayed images of the site and
surrounding views. In the response to Commissioner James, Mr. Nader clarified the location of
the proposed Use on a displayed map.
Lauren Light, Department of Public Health and Environment, stated the existing, on -site
residence is served by the Left Hand Water District (LHWD) and a domestic well, but will not be
used for the business operation. She indicated the applicant is proposing the use of portable
toilets, which is acceptable for recreational facilities utilized for six (6) months or less, per year,
and for employees and clients onsite for less than two (2) consecutive hours a day, and two (2)
or less full-time employees onsite. If the Use exceeds the requirements for portable toilets, they
will have to install a permanent water and sewer source. She stated noise is restricted to the
residential limit and there are eleven Development Standards related to Public Health and
Environment.
Jeff Rummer, applicant, described railbikes, the background of their business concept, the
progress made to this point and indicated the track to be utilized is the second oldest in the State
of Colorado. He asserted the impacts of lighting, sound, capacity for the site and overall traffic,
are light, and discussed the future plan for permanent bathroom facilities in the barn. He provided
a brief history of Erie and the rail tracks, and the vision of the railbike business. In response to
Commissioner James, Mr. Rummer explained how road crossings will be managed, indicated the
crossings are regulated by the Federal Railroad Administration and the Public Utilities
Commission, and relayed the timeframe associated with crossing is minimal. Responding to
Commissioner Ross, Mr. Rummer clarified what a railbike is, and the noise associated with them.
Tansea Love, surrounding property owner (SPO), submitted a letter of opposition (Exhibit F),
prior to the hearing, cited a discrepancy in the proposed acreage between the application and
Zillow, and relayed she was not contacted by Rummers regarding the application. She expressed
concerns regarding traffic safety, the months of operation exceeding the requirement for the use
of portable toilets, and noise related to the event facility. She questioned whether the Board would
allow property owners to put up a twenty -foot fence to screen from the railbike tracks and asked
the Board to protect the people who purchased homes in an agricultural area. In response to
Commissioner Saine, Ms. Love confirmed the only time she has spoken with Mr. Rummer is when
she approached him after the Planning Commission meeting and confirmed, as far as mitigation,
she would like to see a Four -Way Stop at the corner of CR 3 and CR 1.5, turn lanes coming into
and going out of the subject site, a reduced speed limit in the area, a fence to keep railbike
participants off of private property, and some visual mitigation. In response to
Commissioner James, Ms. Love pointed out her property on the displayed map and estimated for
Chair Pro-Tem Buck the distance from her property to the rail track.
2023-1846
PL2875
HEARING CERTIFICATION - REGIONAL TRANSPORTATION DISTRICT AND JEFFREY AND
RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES, LLC (USR23-0012)
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Francis Magurn, SPO, stated he is representing himself, as well as other family members
and neighbors. He displayed a PowerPoint presentation (Exhibit I) and cited Weld County Code
Section 23-2-260.C.7 (Application requirements - type, number and uses of the proposed
structures to be erected), asserted the type of structure and types of events have not yet been
determined by the applicant and questioned what "railbike activities" entails. He expressed
concern that the operating season does not fall within the requirements for the use of portable
toilets and requested the LHWD provide a letter stating adequate water is available to the site.
He cited increased traffic as a concern and referenced Code Section 23-2-240.A.8, regarding
access, and Section 8-14-100, regarding Access Control Plans. He cited Section 22-2-40.A.l
(Support compatible economic development opportunities - encourage shovel -ready commercial
and industrial development), asserting the proposal is not "shovel -ready", as it does not have buy
in from the Town of Erie, a functioning septic system, or a realistic management strategy for the
traffic safety issues.
=_ Carole Pitre, SPO, stated she is representing herself, as well as her husband and a neighbor,
referenced the Weld County Right to Farm statement and displayed the site plan, describing the
properties that would be impacted by the proposed USR. She then displayed a different
PowerPoint presentation (Exhibit J), which summarized the results of a questionnaire, which she
distributed to approximately 50 people in the community, regarding the USR application. She
explained, according to her survey, most people felt they were not provided adequate information
regarding the application, and the majority of respondents were opposed to the USR. In the
survey, individuals cited their quality of life being negatively impacted by noise, traffic, safety,
large groups of people and decreased property values. She stated, when asked about mitigation
measures, people surveyed requested dense foliage around the perimeter of the USR boundary
and limited hours of operation/number of customers. She read several comments submitted with
the questionnaire and asserted the application lacks detail, fails to include all required documents,
does not meet the requirements for the use of portable toilets, and the Use's commercial
appearance will change the character of the rural neighborhood. In response to Commissioner
Saine, Mr. Magurn reiterated the Code references he had made in his presentation, confirmed he
had not heard back from Town of Erie regarding the crossing at Briggs Street, which is in the
Town of Erie limits, and confirmed no community meeting had been hosted by the applicant.
.,, = Lori Cito, SPO, relayed that although the Rummer's property, and operation hub, is not within
the limits of the Town of Erie, a portion of the rail track is, therefore, the Town of Erie should be
involved in the process. She asserted the original lease agreement with RTD expired in July,
2022, and questioned if there was a current lease agreement in place. If approved, she requested
the USR permit not be transferred or sold with the property, that the hours of operation be clearly
outlined and that the event facility be a separate USR permit from the railbikes.
ELI Dean Mirabassi, SPO, expressed concern regarding the jurisdiction of law enforcement along
the rail line, given that some of the rails are in Weld County and some are in the Town of Erie and
asserted RTD got "stuck" with the orphan rail lines, which they do not maintain. He referenced
images, which he submitted prior to the hearing (Exhibit D), and questioned the events to take
place at the event facility. Chair Pro-Tem Buck recessed the hearing for five (5) minute break.
2023-1846
PL2875
HEARING CERTIFICATION - REGIONAL TRANSPORTATION DISTRICT AND JEFFREY AND
RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES, LLC (USR23-0012)
PAGE 4
Upon reconvening, Mr. Rummer addressed public comment and stated there is an updated
RTD lease agreement, which has been amended, as such that the rail line will end at CR 3, and
relayed they had previously worked with the Town of Erie, whom he anticipates will continue to
be involved in the process. He explained the Office of Public Safety Administration oversees the
safety aspect of the operation and performs annual reviews of the railbikes and the rail line itself.
He described the event facility component of the application as ancillary to railbiking, they do not
anticipate providing alcohol or food, the impact to traffic is minimal and mentioned they are willing
to scale back the hours of operation from 12:00 a.m. to 10:00 p.m. He further stated there is a
future bike path planned, by the Town of Erie, to run parallel to the rail tracks. In response to
Commissioner James, Mr. Rummer indicated they had not conducted a Traffic Study, as it was
not required as part of the permitting process, relayed they had not held a community meeting,
and Ms. Light confirmed a Noise Study had not been conducted for the event facility, to determine
if it can meet the residential noise limit. Commissioner Saine suggested continuing the hearing to
allow the applicant time to conduct a community meeting, to address concerns of the SPOs, and
responding to her, Mr. Rummer clarified there are 18 railbikes proposed, and they anticipate
one (1) passenger car, per railbike.
El In response to Commissioner Saine, Melissa King, Development Review, explained the
proposed access is a historic access point, that was created during the Recorded Exemption
process, 20 plus years ago. She stated it does not meet the 660 -foot minimum access spacing
criteria (it is approximately 645 feet), but given the fact it is historic and there are not site distance
issues, it would typically be approved. She stated CR 3, in this area, is a collector road, with a
recent traffic count of 4,115 cars, per day, and indicated the maximum traffic associated with the
Use is 170 cars, per day, equaling approximately a four percent (4%) increase. She indicated the
applicant submitted a Traffic Narrative, as required by Code, explained the business' peak hours
will be primarily evenings and weekends, therefore, the traffic during that time would not justify
turn lanes in and out of the site, and confirmed the speed limit on this section of CR 3 is 35 mph.
In response to Commissioner Ross, Ms. Light elaborated on the six (6) -month use of portable
toilets, and responding to Commissioner James, Mr. Nader clarified most of the rail line, except
for a small portion and one (1) crossing being in the Town of Erie, is in unincorporated Weld
County, and confirmed staff is only looking at/reviewing that portion. Mr. Rummer, responding to
Commissioner James, relayed they have no plans for amplified sound on the site and reiterated
the event facility is ancillary to the railbikes and will have no significant impact on the neighbors.
In response to Commissioner Saine, Mr. Rummer indicated the event center, during the railbike
off-season, would be used for railbike storage, and during railbike season would be used primarily
for daytime corporate events and occasionally for small gatherings, such as a wedding.
Mr. Rummer explained to Commissioner James that the subject site consists of grass, pasture,
and the existing home, in which they live. After discussion, the Board agreed to continue the
hearing and outlined the items they would like the applicant to address prior to the next hearing,
including conducting a Noise Study, obtaining a "will serve" letter from the LHWD, holding a
community meeting, providing clarification of the uses proposed for the event facility, and making
an additional attempt to communicate with the Town of Erie regarding the proposal.
2023-1846
PL2875
HEARING CERTIFICATION - REGIONAL TRANSPORTATION DISTRICT AND JEFFREY AND
RACHEL RUMMER, C/O COLORADO RAILBIKE ADVENTURES, LLC (USR23-0012)
PAGE 5
El Commissioner James moved to continue the matter to August 23, 2023, at 10:00 a.m., to
allow the applicant adequate time to address the items listed above. The motion was seconded
by Commissioner Saine, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:56 a.m.
This Certification was approved on the 12th day of July, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,,,,tnov
Weld County Clerk to the Board
eputy Clerk to the Board
EXCUSED
Mike Freeman, Chair
2023-1846
PL2875
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