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HomeMy WebLinkAbout20203207.tiffHEARING CERTIFICATION DOCKET NO. 2020-68 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0021, FOR A COMMERCIAL ROPING ARENA IN THE A (AGRICULTURAL) ZONE DISTRICT - GLENN AND KAREN MILLER, C/O ANDREW HEIN A public hearing was conducted on November 4, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Angela Snyder 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 September 25, 2020, and duly published September 30, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Glenn and Karen Miller, c/o Andrew Hein, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0021, for a Commercial Roping Arena in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. El Angela Snyder, Department of Planning Services, relayed nine (9) referrals were sent out, the Division of Water Resources returned advisory comments, two agencies included comments that have been addressed in the Development Standards (DS) and Conditions of Approval (COA) and three agencies did not respond. She stated the site is not located within the three (3) mile referral area of any municipality and is on non -maintained County Road (CR) 35, south of CR 32. Ms. Snyder relayed the property owners, Glenn and Karen Miller, have authorized the applicant, Andrew Hein, to request the permit to use the existing Use by Right cattle branding arena for seasonal roping events between May 1 and October 31, annually. She explained the applicant would like to build a second, open air arena next to the existing arena, which would be 150 feet by 250 feet. She described the proposed arena surface, which would be surrounded by a steel pipe fence, and shared the events will take place on weekends, with 150 attendees anticipated per day, up to ten (10) staff members, and capping the limit of attendees at 200. Ms. Snyder described the proposal of the applicant with regard to toilets, water and food vendors, stating no screening is proposed. She reviewed the adjacent land uses and the six (6) USRs in the area. Ms. Snyder relayed that notices were sent to eight (8) SPOs, with the adjacent property owner to the east requesting that event traffic not be allowed to use the oil and gas easement road located near the site. Ms. Snyder displayed images of the site and surrounding views, relayed DS #6, 7 and 8 address planning issues common with competitive roping events and noted the Planning Pu��/rpl� Pw(vot. oAc1tC.1+Cu) 12/3 12020 2020-3207 PL2769 HEARING CERTIFICATION - GLENN AND KAREN MILLER, C/O ANDREW HEIN (USR20-0021) PAGE 2 Commission recommended removal of DS #7 (on -site ambulance) and amend COA #C.6 and DS #9 to include grass as an option for the parking surface requirements. Ms. Snyder entered the favorable recommendation of the Planning Commission. e Melissa King, Department of Public Works (PW), provided a brief overview of the unpermitted access on CR 32 via unmaintained right-of-way of CR 35, south of CR 32, which is a paved collector road. Ms. King shared the latest average daily traffic on CR 32 counted 2,621 vehicles per day with 42% trucks, and the 85% percentile speed is 62 MPH. She stated 30 daily round trips of trucks with trailers is anticipated on weekends only within the first year of events being held, going on to describe directional traffic anticipated. She relayed PW is requiring an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified travel routes and possible triggered off -site improvements. Ms. King shared the applicant has submitted an acceptable drainage narrative and a Weld County grading permit will be required if more than one (1) acre is disturbed. e Lauren Light, Department of Public Health and Environment (EH), relayed portable toilets will be provided for events, food trucks must comply with Retail Food Regulations, the typical dust and waste handling standards have been listed and DS #19 - 28 address EH items. e Andrew Hein, applicant and operator of All In Cattle Company, stated he is a full-time firefighter with the Platteville-Gilcrest Fire Protection District who also participates in competitive team roping events. He relayed how he and his friend came up with idea last year, acquired a lease from the Millers and decided to move forward with the permitting process. Mr. Hein stated they are hoping to start hosting events next year, noting they coach and provide a venue for the JeffCo high school team roping program. He explained they placed a cap of 200 contestants on the application, not knowing how well the activity will be accepted. In response to Commissioner Moreno, Mr. Hein confirmed the number of events would be approximately 52 a year. IC No public testimony was offered concerning this matter. In response to Chair Freeman, Mr. Hein stated he was agreeable to the COA and DS as presented. e In response to Commissioner Ross, Ms. Snyder explained under COA #C.6 (delineated parking area) and DS #9, grass was added as an acceptable surface by the Planning Commission. Mr. Hein further explained grass will be less expensive to maintain or return to its original state if the use is removed in the future. In response to Commissioner Kirkmeyer with regard to COA #1.A (Improvements and Road Maintenance Agreement), Ms. King explained as the business grows, CR 35 may require off -site improvements. Chair Freeman stated if the road is unmaintained an improvements agreement would not be necessary. After some discussion, COA #1.A and 1.6 (Final Drainage Narrative) were deleted, because it is an unmaintained County Road. The Board also agreed to modify COA #1.C.6 to allow the parking area to be surfaced with grass, gravel, concrete or equivalent material. In response to Commissioner Kirkmeyer, Ms. King explained the Colorado Department of Public Health and Environment's (CDPHE) requirements for a stormwater general permit for construction, which is a temporary permit. In response to Commissioner Kirkmeyer, Mr. Hein confirmed the anticipated hours of operation and DS #3 (hours of operation) was amended to include "for the commercial events". After some discussion, DS #6 2020-3207 PL2769 HEARING CERTIFICATION - GLENN AND KAREN MILLER, C/O ANDREW HEIN (USR20-0021) PAGE 3 (security personnel), #7 (ambulance) and #8 (sanitary enclosure) were deleted and the word "grass" was removed from DS #9. Mr. Hein explained there will be three (3) licensed paramedics at every event and the Platteville-Gilcrest Fire Protection District is six (6) minutes away. Commissioner Kirkmeyer recommended deleting DS #14 and #15 (Improvements Agreement), and Commissioner James suggested deletion of DS #24 (noise levels). Angela Snyder read recommended language for DS #12, (dust control) on CR 35. The Board agreed to all of the aforementioned changes. IE In response to Chair Freeman, Mr. Hein indicated he reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. IE No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. IR Commissioner Moreno moved to approve the request of Glenn and Karen Miller, c/o Andrew Hein, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0021, for a Commercial Roping Arena 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 Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 11:34 a.m. This Certification was approved on the 9th day of November, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j, ,H;J (.. :c, Weld County Clerk to the Board BY: a. Deputy Clerk to the Boar Mike Freeman, Chair Stev Moreno, Pro-Tem S tt . James Kevin D. 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