HomeMy WebLinkAbout20193738.tiffHEARING CERTIFICATION
DOCKET NO. 2019-92.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0022, FOR AN ANIMAL BOARDING AND TRAINING FACILITY, AND A
COMMERCIAL RACE TRACK IN THE A (AGRICULTURAL) ZONE DISTRICT -
EDUARDO SALVADOR RIVERA TORRES
A public hearing was conducted on August 14, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated June 25, 2019, and duly published
June 28, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of
Eduardo Salvador Rivera Torres, for a Site Specific Development Plan and Use by Special
Review Permit, USR19-0022, for an Animal Boarding and Training Facility, and a Commercial
Race Track in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made
this a matter of record.
Chair Pro-Tem Freeman 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 Kirkmeyer excused.
Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated 12 referrals were sent out and no objections were received. She presented images of
the 120 -acre site, with soils designated as "Other," and mentioned no agricultural land is impacted
by the proposal. She stated the site is located within the three (3) mile referral area of the Town
of Nunn, which did not return a referral response. She stated approximately 60 acres of the
120 -acre site, will be designed to have match or derby -style racing, with up to four (4) horses
racing at a time, and will be used as training for horses to compete at larger venues. She explained
races will occur once or twice a month, March through October, and provided the estimated
number of spectators. She indicated the proposal includes a child's playground, bleachers,
spectator parking area, horse trailer parking area, barn containing 20 horse stalls, separate
storage barn, and stated a single-family residence will be constructed onsite. Ms. Snyder provided
the hours of operation and referenced Section 23-3-20.T to explain horse training is a Use by
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Right, as long as the number of animal units is not exceeded. She described the lighting as down
cast, reviewed the available parking and mentioned licensed food vendors will be at some events.
She stated there will be trash services and contracted security will be at events. She reviewed
the correspondence received from the surrounding property owners (SPO), and summarized the
concerns included in the letters. She stated it was staff's recommendation for the use to be
included in the A (Agricultural) Zone District and reviewed the referral from the Colorado Division
of Racing Events, which expressed concerns with the animal health, general safety and illegal
gambling. In response to the concerns, Planning Staff recommended the applicant provide an
Animal Health Plan outlining how the site will ensure all horses have proper certification. She
explained the role of a veterinarian on the site and identified the Conditions of Approval (COA)
and Development Standards (DS) intended to address the safety concerns of the application. Ms.
Snyder stated a Nuisance Management Plan and Sound Impact Narrative have been submitted,
and indicated staff requested a Landscaping and Screening Plan be submitted to mitigate SPO
concerns. She explained a Lighting Plan was not required due to the facility operating during
daylight hours, the site is not in violation, and no events have been held on the site. She presented
additional images of the site and surrounding views, and entered the favorable recommendation
of the Planning Commission into the record as written.
Mike McRoberts, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and stated access for the project is on County Roads (CR)
21 and 102. He indicated there are no recent traffic counts available in the area and stated the
application indicated there will be approximately 149 daily roundtrips during peak events. He
provided the traffic route and indicated PW is requiring a Traffic Control Plan prepared by a Traffic
Control Supervisor, stated an Improvements and Road Maintenance Agreement with be required
and presented the drainage and grading requirements. In response to Commissioner Conway,
Mr. McRoberts reiterated there were no traffic counts available and Commissioner James
prompted research on the average daily traffic counts on a roadway designated as local to be
addressed later.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated portable toilets will be used for events, which is acceptable, as long as the
events remain within a six (6) month period. She indicated the noise is restricted to residential,
the applicant had submitted a Noise Study, any food prepared on the site must comply with retail
food regulations, and reiterated the applicant submitted a Nuisance Management Plan. She
indicated DS #19-28 address Environmental Health (EH) items, and in response to
Commissioner James, Ms. Light explained there are two (2) gender specific portable toilets
required per 100 people, and referenced the Code Section that outlines the requirement. In
response to Commissioner Conway, Mr. McRoberts explained where the tracking control will be
required.
El Shannon Toomey, AGPROfessionals, represented the applicant, and introduced
Dr. Rebecca Hendericks from Block and Bridle Veterinary Services to represent the veterinary
("vet") aspect of the endeavor. Dr. Hendericks explained she had been in contact with the
applicant to provide vet care during the events, and stated there will be one (1) vet present at
each event. She indicated her primary responsibility is to focus on the health, safety and welfare
of the horses, and provided an overview of the vet's roles and responsibilities at an event.
Dr. Hendericks explained every animal traveling across state lines is required to have a Certificate
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of Vet Inspections (CVI), which can legally be checked prior to an event, and indicated they have
portable diagnostic equipment in case there is an emergency situation. In response to
Commissioners James and Conway regarding communicable illnesses and diseases,
Dr. Hendericks reiterated the precautions taken, including the CVI, to prevent the spread of
communicable diseases. In response to Commissioner Moreno, she explained why one (1) vet is
sufficient at these types of events.
e Ms. Toomey presented a PowerPoint presentation and provided an overview of the
application. She stated the events would host up to 350 spectators, and reiterated there will be
one (1) to two (2) events per month, April through September. She indicated the applicant had
applied for a temporary assembly permit, in 2018, at which time the Board deemed it more
appropriate for the applicant to apply for a USR to incorporate COA and DS to mitigate concerns.
She presented images of the site and described the adjacent county roads and nearby cities. She
also reviewed the site plan, including the playground, parking, accesses, announcer stand and
sound system, horse track, barns and future residence. She mentioned the visual mitigation,
stated they are proposing detention ponds, and provided additional images of the site and
surrounding views. Ms. Toomey indicated the agricultural uses will take place seven (7) days a
week, with two (2) fulltime employees managing the business. She reiterated the proposed events
will happen one (1) to two (2) times a month and will utilize portable toilets until a septic system
is installed. She provided the hours of operation, the number of employees on event days, and
described their roles. Ms. Toomey demonstrated the application's compliance with the County
Code, described the adjacent lands, stated the site is not considered prime farmland, and
reiterated a Nuisance Management Plan and a sound impact narrative had been submitted with
the application. She stated the applicant would like the ability to play music on the site; however,
will not, if it exceeds the noise levels. She summarized the plans required in the COA and DS,
and provided a estimate of the expected vehicles on event and non-event days. She provided an
overview of the correspondence received and described the applicant's efforts to be a good
neighbor.
In response to Commissioner James regarding a noise study, Ms. Toomey explained since
there are no events occurring yet, they incorporated similar uses to create the noise narrative. In
response to Chair Pro-Tem Freeman and Commissioner Moreno, Ms. Toomey confirmed there
are residents who use unmaintained CR 21 and she reiterated the parking details. In response to
the previously asked question by Commissioner James regarding road classification,
Mr. McRoberts provided the threshold counts for local roads (less than 2,000 vehicles per day),
collector roads (2,000 - 7,000 vehicles per day), and arterial roads (more than 7,000 vehicles per
day). In response to Commissioner Conway, Mr. McRoberts clarified the threshold for the use of
magnesium chloride.
" Rick Carlson, SPO, indicated where he lived on the displayed map, and stated he has no
personal benefit from the proposed use; however, he had been an equestrian his whole life, and
provided a personal example of complying with the residential noise standard as a member of the
Colorado Regulators (Cowboy Mounted Shooting Club). He expressed his support of the
application because it will promote the equine industry, and in response to Commissioner
Conway, Mr. Carlson stated he had not seen illegal gambling as an issue.
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Diana Varra, SPO, stated her family has farmed in the area for over 50 years, and she spoke
on behalf of her neighborhood to express opposition. She mentioned Mr. Torres is the owner of
record; however, Alula Afeworki, who applied for the temporary assembly permit, is the registered
agent for Nunn Downs. She described the occurrences of the community meetings, and
expressed traffic concerns. She reviewed a referral from Dan Hartman, Director for the Division
of Racing Events, dated June 25, 2019, which described horse racing in his experience and his
concerns. She requested the use be moved to a more appropriate setting and in response to
Commissioner Conway, Ms. Varra indicated she had not discussed her business calving with the
applicant. In response to Commissioner Moreno, Ms. Varra stated the only conversation she had
with the applicant was at the community meeting.
= Jay Davis, SPO, read a letter composed by his wife, Robin Davis, (Exhibit H), which
expressed her concerns with the application.
Cyndi Burkhart, SPO, stated she was representing multiple members of the community in
opposition of the application. She presented a PowerPoint presentation (Exhibit G), and
resubmitted the referral from the Colorado Department of Revenue. She explained they do not
oppose the agricultural uses, rather, they oppose the recreational facility that will be used for the
racing. She indicated there are three (3) Facebook sites, which promote the horse racing facility.
She submitted a Fox31 article where Arapahoe County deputies were hired to work at horse
races (Exhibit I), and commented the number of persons in attendance at the events has varied
in previous presentations, therefore, she does not feel the applicant will be able to properly
prepare for the events. She referenced the applicant's questionnaire concerning the number of
parking spaces, and the roundtrips per day, reiterated the applicant had applied for a Temporary
Assembly Permit, and referenced the referral from the Sherriff's Office, which indicated concerns
with increased calls from the area. She stated there is no law enforcement nearby the proposed
site, and expressed concern with the inability for law enforcement to handle traffic concerns on a
private road. She submitted an additional letter of opposition from another SPO and explained
the surrounding area is at an increased risk of fire with no fire hydrants nearby and the Nunn Fire
Department miles away. She indicated there are 18 homes within one (1) mile of the racetrack,
and expressed concerns with increased traffic and noise, and displayed and described videos
(Exhibit G, in original file) to show the neighborhood.
Chad Judge, Weld County resident, stated he would like a firetruck on the proposed property
during events, in case of emergency, and suggested the applicant prioritize traffic control. He
expressed concerns with the dust and noise, stated there will be fewer events at this site
compared to other sites with similar uses, and indicated the use would bring business to the local
store owned by the Varras.
. Daryl Burkhart, SPO, stated he felt the primary purpose of the application has always been
about the racing. He referenced the PowerPoint presentation (Exhibit G) submitted by
Ms. Burkhart, and presented images of the site, surrounding views and adjacent County roads.
Jake Varra, SPO, stated he believed the area is no longer an agricultural community, and he
indicated there are approximately 34 homes within one (1) mile of the site. He explained he used
to own the property that was leased by the Imperial Racetrack, but has since sold it to the present
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owners. He mentioned he is the Fire Chief for the Town of Nunn and explained they do not have
the personnel to provide standby services at events.
El John O'neal, SPO, stated there is a gravel pit around the Imperial Racetrack, explained he
had seen an advertised concert on the associated Facebook page, and submitted images of the
Facebook advertisement for the record (Exhibit J).
Jerry Brown, SPO, questioned if the proper classification of the use was agritainment and
agritourism, and discussed the traffic impact to the neighborhood. He expressed his concern with
the amount of people at the site and stated his opposition of the racetrack due to issues with
compatibility.
a Al Schorre, SPO, explained his history as a district attorney and reiterated the concern is not
with the boarding or training facility, it is with the people attracted to the racing environment. He
asked the Board to consider the use as a small casino and mentioned the minimal law
enforcement presence in their community.
2 Randy King, SPO, explained the community is remote, but only five (5) miles from Wellington
and seven (7) miles from Fort Collins. He reiterated concerns with fire and encouraged the Board
to make a wise decision. There being no further comments, Chair Pro -Tern Freeman closed public
testimony.
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Ms. Toomey addressed the concerns mentioned by the SPOs and stated through the
Improvements Agreement and Road Maintenance Agreement, she felt the roads will be in better
condition than they are presently. She reconfirmed there will be no organized gambling at the site
and reiterated the presentation by Dr. Hendericks to address concerns regarding animal welfare.
Regarding the compliance of the proposed application, Ms. Toomey explained, for the public, the
applicant is held to the COA and DS and if not compliant, the USR can be revoked, and stated
they will attempt to mitigate any impact to SPOs but expressed the use is appropriate for the
A (Agricultural) Zone District.
Tim Naylor, AGPROfessionals, explained any use will have impacts to people and stated
there is no place for this type of use other than in the A (Agricultural) Zone District. He stated they
intend to abide by the COA and DS, he expressed the applicant wants to be a good neighbor,
reiterated the applicant had worked to mitigate the concerns of the neighborhood, and requested
the Board's approval.
a In response to Commissioner Moreno, Mr. Naylor explained the concert that was mentioned
by an SPO is to be held at the Imperial Event Center, and not the proposed facility. He stated this
is a horse facility that does not utilize performance enhancing drugs, and does not do barrel
racing, roping or other rodeo events. In response to Commissioner James, he further explained
the use is compatible with the existing surrounding uses, due to it being agricultural, and in
response to Commissioner James, Mr. Naylor explained there will be a traffic control plan to
mitigate concerns and the applicant will have people monitoring the access.
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Commissioner James expressed he was undecided on the application, and Commissioner
Conway explained he felt the Board could mitigate some of the concerns; however, he expressed
lingering concerns with the dust impact. Commissioner Moreno expressed appreciation for the
citizens in attendance and stated there are serious concerns that have been presented.
Commissioner James stated he struggled with the addition of traffic and compatibility, and noted
he felt the applicant is sincere; however, it is hard to control the spectators the facility will attract,
which could impact the health, safety and welfare of the community. Chair Pro-Tem Freeman
stated he was struggling with the compatibility of the application and reiterated CR 21 is a
non -maintained county road, which would be the primary route for traffic. After further discussion,
the Board agreed to continue the case to September 9, 2019, and the applicant agreed the date
would work.
Commissioner Conway moved to continue the request of Eduardo Salvador Rivera Torres
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0022, for an
Animal Boarding and Training Facility, and a Commercial Race Track in the A (Agricultural) Zone
District, to September 9, 2019, at 9:00 a.m., to allow adequate time for the Board to reconvene
and proceed with discussion concerning review of the Conditions of Approval and Development
Standards and possible mitigation measures. The motion was seconded by Commissioner
Moreno, and it carried unanimously. There being no further discussion, the hearing was
completed at 2:20 p.m.
This Certification was approved on the 19th day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: that& ;e1 EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:�1,t_ // / V
eputy Clerk to the Board
Mike Freeman, Pro-Tem
Conway
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James
XCUSED DATE OF APPROVAL
Steve Moreno
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