HomeMy WebLinkAbout20190963HEARING CERTIFICATION
DOCKET NO. 2019-61
RE: FIRST AMENDMENT, 1MUSR18-17-0024, TO MODIFY DEVELOPMENT STANDARDS
CONCERNING A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR17-0024, FOR RECREATIONAL FACILITIES AND USES
INCLUDING, RACE TRACKS AND RACE COURSES (MATCH HORSE RACING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LEONEL ORNELAS AND ANA ORNELAS-
MORENO
A public hearing was conducted on April 10, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Tom Parko
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated March 26, 2019, and duly published
March 29, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Leonel Ornelas and Ana Ornelas-Moreno, for First Amendment, 1MUSR18-17-0024, to modify
Development Standards concerning a Site Specific Development Plan and Use by Special Use
Permit, USR17-0024, for Recreational Facilities and uses including, Race Tracks and Race
Courses (match horse racing) in the A (Agricultural) Zone District. Bob Chaote, Assistant County
Attorney, made this a matter of record.
El Tom Parko, Director of the Department of Planning Services, presented a brief summary of
the proposal and stated the reasons for the applicant amending the Use by Special Review (USR)
permit is to be competitive with similar operations, and to be consistent with Development
Standards (DS) approved under other USRs. He provided the timeline of the application process,
displayed images of the site, and mentioned there was no correspondence from surrounding
property owners (SPOs) and no objections or concerns from any referral agencies. Mr. Parko
stated he did not feel comfortable administratively modifying the DS, but he is recommending
approval of the changes based on the findings under Section 23-2-285 of the Weld County Code.
In response to Commissioner Conway regarding the new DS #6, Mr. Parko explained the
applicant would notify the Planning Department when they want to have an event. Chair
Kirkmeyer requested a copy of the minutes from the initial USR approval and asked if there had
been any concerns or complaints from SPOs, or if the Sheriff's Office had ever been called out to
the site, to which Mr. Parko, indicated he was not aware of any complaints or calls for service.
CC: PLC TP), PC..(H3), LL)
os/O$/19
2019-0963
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HEARING CERTIFICATION - LEONEL ORNELAS AND ANA ORNELAS-MORENO
(1 MJUSR18-17-0024)
PAGE 2
• Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated the access is on County Road (CR) 96. She provided daily
round trip counts, average speeds, and noted they expect roughly 326 round trips for events held
on the site. She explained tracking control requirements, which are the same as in the existing
Improvements Agreement (IA), and stated the Department of Public Works (PW) is requesting an
additional DS to address traffic control. She explained the changes that need to be made to
existing Conditions of Approval (COA) and DS to bring the application into compliance with current
USR standards. In response to Chair Kirkmeyer, Ms. Balzano provided clarification on the
requirement for an IA, and they discussed the original and proposed conditions.
Lauren Light, Department of Public Health and Environment, mentioned the application is
for a year-round activities, portable toilets and bottled water are not acceptable, and permanent
water and sewer has not yet been installed for the site.
Ana Ornelas, applicant, expressed she is concerned she can no longer obtain a temporary
assembly permit and mentioned she currently does not allow alcohol to be brought on the
premises, but her competitors do. She applied for a liquor license at which time she applied to
amend her existing USR. She explained some of the DS she would like deleted or amended,
including the need for an ambulance and veterinarian onsite during events. She argued since the
facility is not open every weekend, and she only held roughly ten (10) events last year, portable
toilets should be considered sufficient.
• No public testimony was offered concerning this matter.
IR There was discussion about the number of events held per year and how it relates to the
water and sewer requirements, and everyone was agreeable to limiting the number of events to
24 weekends per year, to allow the applicant to continue using portable toilets and bottled water
year-round. Chair Kirkmeyer suggested deleting DS #6 (large events/temporary assembly
permit), and adding a new DS #6 to limit events to 24 weekends annually. The Board reviewed
and agreed to the proposed language for DS #8 (security personnel) and DS #9 (on -site
ambulance). They also discussed and agreed to delete DS #13 (drug testing by a veterinarian),
DS #14 (gambling), DS #15 (firearms on -site), and DS #16 (service of alcohol). Based on the
recommendation of PW, the Board agreed to add a new DS #10 (right-of-way/easements),
DS #11 (Improvements Agreement IA), DS #12 (IA review timeframe), and a new COA #1.A
(IA and Road Maintenance Agreement including traffic control). After discussion with staff, the
Board agreed to new language for DS #22 (portable toilets requirements). Commissioner Conway
suggested deleting DS #28 (noise levels) as it is not in a commercial zone, and Mr. Choate
suggested deleting the new DS #23 (adequate water supply), and the Board agreed.
• In response to Chair Kirkmeyer, Ms. Ornelas indicated she had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
• No public testimony was offered in regard to the changes made to the Conditions of Approval
and Development Standards.
2019-0963
PL2483
HEARING CERTIFICATION - LEONEL ORNELAS AND ANA ORNELAS-MORENO
(1 MJUSR18-17-0024)
PAGE 3
Commissioner Conway moved to approve the request of Leonel Ornelas and Ana Ornelas-
Moreno for First Amendment, 1 MUSR18-17-0024, to modify Development Standards concerning
a Site Specific Development Plan and Use by Special Review Permit, USR17-0024, for
Recreational Facilities and uses including, Race Tracks and Race Courses (match horse racing)
in the A (Agricultural) Zone District, with the Conditions of Approval and Development Standards,
as amended, based on the recommendations of Planning staff. The motion was seconded by
Commissioner James, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:02 a.m.
This Certification was approved on the 15th day of April, 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: io�
Weld County Clerk to the Board
BY. a
Deputy Clerk to the Board
APP::. D AS
ney
Date of signature: OS/081 Iq
WELD COUNTY, COL RADO
rk
Barbara Kirkmeyer, C air
Mike Freeman, Pro-Tem
C -
p� tt K. James
teve Moreno
2019-0963
PL2483
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