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HomeMy WebLinkAbout20210750.tiffHEARING CERTIFICATION DOCKET NO. 2021-09 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0032, FOR ANIMAL BOARDING AND ANIMAL TRAINING FACILITIES AND COMMERCIAL RODEOS AND COMMERCIAL ROPING ARENAS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - MAURO RUIZ A public hearing was conducted on March 17, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Pro-Tem Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Michael Hall Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated February 1, 2021, and duly published February 5, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of Mauro Ruiz, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0032, for Animal Boarding and Animal Training Facilities and Commercial Rodeos and Commercial Roping Arenas outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Michael Hall, Department of Planning Services, presented a brief summary of the proposal, stating the facility will be known as Arena Dos Escuardas, will operate daily on a commercial fee basis for hosting team roping and western -style horse training, will be available on weekends for commercial special events, and both components of the site are expected to operate year-round. Mr. Hall stated the site will exceed the allotted animal units and vehicle trips during practices and commercial roping special events. He explained, the volunteer staffing will be comprised of family and friends, or the facility may be rented, with events managed and run by third -party roping event contracting companies. Mr. Hall described the existing structures and arena venue, the six (6) 20 -foot tall light poles, and confirmed no other structures are proposed. He relayed a tractor and non -potable water truck, owned by the applicant, are proposed to be used for the arena site preparation and dust control. Mr. Hall stated a large, at -will parking area is proposed, west of the arena, which will have an all-weather surface, food trucks and other licensed food vendors may be present during events, and loud -speakers for announcing and music will be utilized. Mr. Hall stated staff recommends the following parameters: practices and trainings be limited to 75 attendees at any given time, from 11:00 a.m. to 10:00 p.m., seven (7) days per week, and special Cc : PLcrylt-1/-re), Pwcenic I oA),E.HCI.I) ©`-1/3als>1 2021-0750 PL2786 HEARING CERTIFICATION - MAURO RUIZ (USR20-0032) PAGE 2 events will be limited to 250 attendees, at any given time, with up to 600 people per day, from 7:00 a.m. to 10:00 p.m. on weekends only. Mr. Hall described the fencing and current, mature vegetation, noting the existing, on -site residence and personal outbuildings are separated from the commercial areas by additional landscaping. Mr. Hall stated no communication from surrounding property owners has been received. He shared 16 referrals were sent out, ten (10) were received back, and six (6) did not respond. He further stated the site is located within the City of Fort Lupton and Town of Platteville's Coordinated Planning Agreement (CPA) boundaries and three (3) mile referral area, with the Town of Platteville not being interested in annexation. He explained the City of Fort Lupton's Future Land Use Map, dated October 1, 2020, includes the subject property within the City's planning area and designates it for A (Agricultural) and R (Rural Residential) Use, and the proposed USR does align with this designation. Mr. Hall went on to describe the surrounding land uses and entered the favorable recommendation of the Planning Commission into the record as written, pointing out Conditions of Approval were amended regarding year-round operation, explaining a six (6) month temporary basis was added until permanent water and sewer are obtained to allow year-round operations. In response to Chair Moreno, Mr. Hall stated the proposed parking area is currently native grass, and noted this case was initiated in response to a complaint, but then ceased operations and there is no violation pending. He then displayed images of the site and surrounding views. e Melissa King, Department of Public Works (PW), stated the parcel has two (2) existing permitted access locations onto County Road (CR) 20, which is a gravel, local road as designated on the Weld County Functional Classification Map. She reported the latest average daily traffic counted 229 vehicles per day, with 33% trucks and the 85th percentile speed is 48 mph. The traffic information submitted with the application materials indicates that for weekly practices, there will be approximately 15 to 20 truck/horse trailer roundtrips and for seasonal, weekend events, there will be an average of approximately 300 spectator and participant vehicle round trips. She explained 80% of the traffic will travel west to access U.S. Highway 85 and 20% will travel east. Ms. King stated tracking control is required to prevent tracking from the site onto the public roadway and PW is requiring an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified haul routes and triggered off -site improvements. She confirmed an acceptable Drainage Narrative has been submitted and no additional drainage information is required. el Lauren Light, Department of Public Health and Environment (EH), stated an individual, domestic well provides water to the property, which cannot be utilized for the USR unless it is re -permitted for commercial use. She clarified for events that occur over the six (6) month period, portable toilets can be used according to EH policy. She explained at the Planning Commission hearing, Development Standards (DS) #25 and 26 were modified so that the applicant is not restricted to a six (6) month time period for events. Additionally, EH has included typical dust and waste handling standards, and waste will be contained with trash containers being placed around the arena and emptied into a dumpster that is disposed of on a weekly basis. She stated all catering or food trucks will comply with retail food regulations, and the two (2) loudspeakers shall be monitored with a noise meter. Ms. Light confirmed the applicant did not conduct a Noise Study; however, DS #24 limits the noise to the Residential Standard, which is measured 25 feet from the property line, and DS #19 — 28 address EH items. 2021-0750 PL2786 HEARING CERTIFICATION - MAURO RUIZ (USR20-0032) PAGE 3 Mauro Ruiz, applicant, stated Mr. Hall described the proposal well and he had no further comments. e No public testimony was offered concerning this matter. e In response to Chair Moreno, Mr. Ruiz stated he has no changes to request in the Conditions of Approval or Development Standards and agrees to abide by them. • The Board reviewed the Conditions of Approval and Development Standards and agreed no changes or corrections needed to be made. In response to Chair Moreno, Mr. Hall stated there were no concerns with the lighting at this time. In response to Commissioner James regarding DS #24 (Noise), Commissioner Freeman stated, with no neighbors close to the site he believes the Residential level will suffice. Mr. Ruiz stated the speakers and the lighting have been installed for approximately three (3) years, and he has received no complaints. e Commissioner Freeman moved to approve the request of Mauro Ruiz for a Site Specific Development Plan and Use by Special Review Permit, USR20-0032, for Animal Boarding and Animal Training Facilities and Commercial Rodeos and Commercial Roping Arenas 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. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 11:19 a.m. This Certification was approved on the 22nd day of March, 2021. 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