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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 2022-1646 PL2483 HEARING CERTIFICATION - ANA ORNELAS MORENO AND LEONEL ORNELAS (2MJUSR22-17-0024) PAGE 2 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. 2022-1646 PL2483 HEARING CERTIFICATION - ANA ORNELAS MORENO AND LEONEL ORNELAS (2MJUSR22-17-0024) PAGE 3 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 PL2483 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 ATTENDANCE LIST (l-z_z �t LjA-10L 14,,J-i\ 20642_ c,ie 76, 6vn-Tet.-- (..)6:(---D /. 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