HomeMy WebLinkAbout20221646.tiffHEARING CERTIFICATION
DOCKET NO. 2022-45
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR22-17-0024, FOR RECREATIONAL FACILITIES
AND USES INCLUDING, RACE TRACKS AND RACE COURSES (MATCH HORSE
RACING), AND MODIFICATION OF CERTAIN DEVELOPMENT STANDARDS TO ADD
COMMERCIAL RECREATIONAL FACILITIES (TRUCK EXPO SHOWS), EVENT
FACILITY (LIVE MUSIC), AND RACING FACILITIES (A 100 -FOOT X 100 -FOOT
ASPHALTED AREA FOR TRUCK BURNOUT AND AN ATV OFF ROAD RACE TRACK),
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - ANA ORNELAS MORENO AND
LEONEL ORNELAS
A public hearing was conducted on June 22, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 17, 2022, and duly published May 20,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of
Ana Ornelas Moreno and Leonel Ornelas, for a Site Specific Development Plan and Second Major
Amended Use by Special Review Permit, 2MJUSR22-17-0024, for Recreational Facilities and
Uses including, Race Tracks and Race Courses (match horse racing), and modification of certain
Development Standards to add Commercial Recreational Facilities (truck expo shows), Event
Facility (live music), and Racing Facilities (a 100 -foot x 100 -foot asphalted area for truck burnout
and an ATV off road race track), outside of subdivisions and historic townsites in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, mentioned 16 referrals were sent out and
nine (9) agencies responded. She discussed the original Use by Special Review (USR) Permit,
First Amendment to the permit, and the Minor Amendment map, explained what a truck expo and
truck burnout are, and described the live music and ATV racing requested. She relayed security
personnel will inspect vehicles as they enter the site to ensure not alcohol or weapons are brought
onto the site and an ambulance will be onsite for all events. She stated alcohol will be sold utilizing
the applicant's current liquor license, described the fencing, access, parking, and the adjacent
lands and surrounding USRs. She indicated four (4) surrounding property owners (SPOs) had
cc: PLerr/MN/DA), G A(133)
7/25 /22
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(2MJUSR22-17-0024)
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been notified of the application and one (1) person spoke in opposition at the Planning
Commission hearing, asserting people drive ATVs in her fields, there is increased traffic, and the
fire department gets several calls during events. Ms. Aungst stated the site is within the three (3)
mile referral area of the of Town of Nunn, has three (3) existing, permitted access points and
noted there is no current traffic information available for this portion of County Roads (CR) 37 and
96. She indicated there should not be increased traffic with the amendment, the Improvements
and Road Maintenance Agreement will need to be updated, and mentioned the applicant must
submit a drainage report. Ms. Aungst entered the favorable recommendation of the Planning
Commission into the record as written and displayed images of the site and surrounding views.
Commissioner Saine questioned why weapons, other than those of security personnel, were not
allowed on the site and Commissioner Freeman clarified it was requested by the applicant during
the original USR application process.
Lauren Light, Department of Public Health and Environment, stated portable toilets are
acceptable and discussed the Waste Handling Plan, Dust Abatement Plan, and the Noise Report.
She indicated the burnout pit and concert venue are below the maximum permissible noise limits
and there is a Development Standard (DS) to address the noise limit for the proposed ATV course.
She relayed DS #26-35 address Environmental Health items.
Ana Ornelas Moreno, applicant, provided her business background, explained what a burnout
pit is, and explained she was requesting the additional Uses to meet a need in the community.
She indicated the entire property is fenced, there will be ambulance and security personnel onsite,
and she relayed her closest neighbor is in support of the additional Uses. She stated she is
considering posting a sign notifying people that there is an ambulance onsite, in hopes of
decreasing or eliminating the calls being made to law enforcement and fire district. In response
to Commissioner Saine, Ms. Ornelas Moreno clarified she wants to add Uses to her existing
facility, not open a new facility, and confirmed she would be willing to remove the existing weapons
ban on the site. Ms. Aungst clarified the weapons ban is not a requirement of the USR, but instead,
was put into place at the request of the applicant during the 2017 hearing. Responding to
Chair James, Ms. Ornelas Moreno explained the application meets the Intent of the
A (Agricultural) Zone District, Section 22-2-230.B.2, because the proposed Uses can only take
place outdoors, SPOs will not be impacted by the proposed Uses, and asserted these activities
should be done in a safe, controlled environment. In response to Commissioner Moreno's
question regarding DS #11 (number of security personnel onsite), Ms. Ornelas Moreno confirmed
tickets for most events are pre -sold, so she knows roughly how many people will be in attendance
and indicated most events have over 40 security personnel.
El Jake Varra, Chief of the Nunn Fire Protection District, stated there have been seven (7) calls
for service at this location and five (5) traffic accidents in the last three (3) years involving people
coming or going from the site, most with suspected intoxication. He relayed, on a personal note,
he did not believe the application was consistent with the Agricultural Zone District.
Lizette Ornelas Moreno stated she has been involved in the truck community for a couple of
years and expressed support for the application.
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HEARING CERTIFICATION - ANA ORNELAS MORENO AND LEONEL ORNELAS
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11 Jorge Murrillo, friend of the Ornelas family, stated he does all of the marketing for their
Colorado Truck Madness events and is impressed with their operation, including their security
measures. He asserted the on -site activities are a family friendly event, bring in money for the
community, and are a way of life for the participants.
_. = Ms. Ornelas Moreno addressed Mr. Varra's comments and stated she cannot control what
happens outside of her facility and confirmed her security personnel handles onsite security
issues. Chair James stated he appreciates Ms. Ornelas Moreno as a businessperson, but
asserted the proposed Uses are not compatible with the (A) Agricultural Zone District and
suggested a Change of Zone instead. Commissioner Saine questioned the noise associated with
the site and Ms. Ornelas Moreno confirmed there have been no noise complaints from her
neighbors. There was discussion about the Zoning of a similar facility, Mr. Barker asserted it was
annexed into the Town of Erie 15-20 years ago, and Chair James and Commissioner Freeman
relayed they did not believe the proposed Uses are compatible with the Intent of the
A (Agricultural) Zone District.
e Commissioner Freeman moved to deny the request of Ana Ornelas Moreno and
Leonel Ornelas, for a Site Specific Development Plan and Second Major Amended Use by
Special Review Permit, 2MJUSR22-17-0024, for Recreational Facilities and Uses including, Race
Tracks and Race Courses (match horse racing), and modification of certain Development
Standards to add Commercial Recreational Facilities (truck expo shows), Event Facility (live
music), and Racing Facilities (a 100 -foot x 100 -foot asphalted area for truck burnout and an ATV
off road race track), outside of subdivisions and historic townsites in the A (Agricultural) Zone
District. The motion was seconded by Commissioner Buck and Chair James reiterated truck expo
shows, live music, truck burnouts, and ATV off road racing are not consistent with the Intent of
the A (Agricultural) Zone District and are deemed incompatible land Uses. The motion passed 4-
1, with Commissioner Saine being opposed. There being no further discussion, the hearing was
completed at 12:23 p.m.
2022-1646
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HEARING CERTIFICATION - ANA ORNELAS MORENO AND LEONEL ORNELAS
(2MJUSR22-17-0024)
PAGE 4
This Certification was approved on the 6th day of July, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: G� l Cl j�.,�! 4 EXCUSED DATE OF APPROVAL
t/ Scott K. James, Chair
Weld County Clerk to the Board
Mman, Pro-Te
Deputy Clerk to the
2022-1646
PL2483
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