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HomeMy WebLinkAbout20193570.tiffHEARING CERTIFICATION DOCKET NO. 2019-92.B 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 September 9, 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: 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 on August 14, 2019, 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, at which time the matter was continued to allow for discussion concerning mitigation measures among a quorum of the Board. Bob Choate, Assistant County Attorney, made this a matter of record. JChair Pro-Tem Freeman summarized the occurrences of the last hearing, indicated the Board would proceed to review the Conditions of Approval (COA) and Development Standards (DS), and explained the hearing would be reopened to the public concerning the changes made to the COA and DS. I 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. Shannon Toomey, AGPROfessionals, represented the applicant and requested clarification of COA #1.A regarding the Landscaping and Screening Plan. In response, Angela Snyder, Department of Planning Services, clarified the requirements of the plan, including screening the parking area and the noise, and stated a Noise Mitigation Plan has been submitted. In response to Commissioner Conway, Ms. Toomey displayed an image of the site plan and explained there are existing trees planted along the spectator area. She identified the location of the parking area, CC: PLAA5/TP), P W cwom 62.1 vL sew PL2691 2019-3570 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES (USR19-0022) PAGE 2 explained the parking area is screened, and requested the Board specifically state which areas • they would like screened. Ms. Snyder displayed an image of the track as seen from County Road (CR) 21, and Ms. Toomey requested changing the language in COA #1.A to not specify screening the track. In response to Commissioner Conway, Ms. Toomey used the displayed site map to indicate the location of the planned screening and described the screening materials. Commissioner Conway confirmed the materials would be included in the Screening Plan, and Chair Pro-Tem Freeman suggested including "the ability to irrigate" on the Screening Plan. After further discussion regarding COA #1.A, the Board agreed to modify the language in the condition to ensure the parking areas are screened. After determining DS #12-14 addresses animal health, the Board agreed to delete COA #1.B (Animal Health Plan), as well as the last sentences in DS #12-14 (Animal Health Plan). In response to Ms. Toomey, Mike McRoberts, Department of Public Works (PW), confirmed COA #1.E (access agreements) could be deleted. Ms. Toomey requested modifying the language in DS #4 (hours of operation) to only apply to the activities that are not considered a Use by Right, and stated DS #9-11 (medical treatment) are all related and questioned whether they could be consolidated. After additional clarification of the requirements of DS #9-11, the Board deleted DS #10 (ambulance on site), added the ambulance language to DS #9 and added, "which may include an ambulance and horse barn" to DS #11 (clean and sanitary enclosure). Ms. Toomey confirmed DS #13 (veterinarians (vets) on site) had been changed from two (2) to one (1), there was discussion with Tim Naylor, AGPROfessionals, concerning DS #14 (animal drug test), and the Board agreed to delete the language that required an included inspection of the approved Animal Health Plan. There was brief discussion about DS #25 (portable toilets) and DS #26 (septic system), and in response to Commissioner Moreno, Ms. Toomey explained events will be held Saturday or Sunday, but not likely both days in one weekend. a Chair Pro-Tem Freeman summarized the aforementioned changes to which the Board agreed, and Commissioner James requested modifying DS #7 to read, "Racing days shall be limited to no more than 16 per year." Additionally, Commissioner Moreno suggested changing DS #4 (hours of operation) to ensure racing days could be on Saturday or Sunday, but not both. Chair Pro-Tem Freeman confirmed a noise study had been completed in relation to DS #24, and Lauren Light, Department of Public Health and Environment, clarified the requirements of the residential noise standard. a In response to Chair Pro-Tem Freeman, Ms. Toomey indicated they had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Rob Claudell, surrounding property owner (SPO), indicated he lived across the street from the proposed site and explained the proposed screening would not minimize the visual impacts, as expected. In response to Commissioner Conway, he suggested a 10 -foot concrete wall or large trees and hedges to visually mitigate. He stated the noise study is not accurate, reiterated he can see the entire racetrack, indicated there are a lot of houses in the area, and explained who he believed were the supporters of the application. He argued the applicant's dream of having a racetrack interferes with the dreams of others. a Jerry P. Brown, SPO, explained the Imperial Racetrack facility is less than ten (10) miles from the proposed site and described the surrounding uses. He explained the noise impacts from the 2019-3570 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES (USR19-0022) PAGE 3 Imperial Racetrack and requested clarification of the proposed music on the site. He expressed frustration with the ripple effect of allowing Mr. Torres to have the racetrack. He also questioned the financial source and Commissioner Conway clarified with Ms. Light the allowances of the residential noise standard. Christy Staab and Shandy Daubert, SPOs, submitted an article regarding Vesicular Stomatitis Virus (VSV) for the record, and requested clarification regarding COA #1.B (Animal Health Plan). Ms. Staab expressed concerns with the applicant's knowledge of present diseases and explained her concerns with the health, safety and welfare of the horses. She stated the horses' health certificates can be up to 30 days old, and expressed additional concerns with the horse -to -vet ratio, and the time it takes to get the results of a drug test. Ms. Daubed explained her and Ms. Staab's equestrian background and questioned how "boarding" and "training" had been defined. She explained, in times of epidemic, there is a shorter timeline for the requirement of a horse health certificate and mentioned she chose the location for her rehabilitation center to prevent the transmission of disease. Chair Pro -Tern Freeman explained public testimony was to be focused on the changes to the COAs and DSs, and in response to Ms. Staab, Chair Pro-Tem Freeman clarified why the Board chose to delete COA #1.B. In response to Commissioner James concerning the state regulations for the health, safety and welfare of the horses, Ms. Light referenced DS #19 (minimize nuisances) and spoke from her personal experience regarding the health certificate requirements at horse events. After discussion regarding horse health, Ms. Staab requested requiring a Goggins test, in addition to the health certificate. El Jay Davis, SPO, expressed concerns with equestrian diseases, and in response to Mr. Davis, Chair Pro-Tem Freeman explained the drug testing requirement remains in the Resolution. Mr. Davis requested having an Animal Health Plan generated as a checklist for horses participating in events, and there was discussion regarding the right-of-way (ROW) dedication for the Recorded Exemption to which, Mr. McRoberts indicated he needed to do further research. El Art Gutterson, Weld County resident, mentioned all residents have goals and intentions when moving into the country, expressed support of the application, and appreciation that the applicant went through the permitting process correctly. In response to the aforementioned question, Mr. McRoberts explained there was a 30 -foot ROW on the west side of the section line; however, there is no ROW on the east side of the section line. Chad Judge, Weld County resident, stated there should be a "clean room" for medical purposes and stated his appreciation for everyone's concerns for the animals. He commended Commissioner Conway for reaching out to people regarding their specific questions and concerns to better address them. He reiterated comments of Mr. Gutterson and stated his main concerns were trash and water contamination. Jake Varra, SPO and Nunn Fire Protection District Chief, requested language to ensure the ambulances (mentioned in DS #9) be licensed with Weld County. There was discussion regarding ambulance licensure in Weld County and the Board agreed to leave DS #9 as is. In response to Chair Pro-Tem Freeman regarding the Improvements Agreement (IA) and Road Maintenance Agreement (RMA), Mr. McRoberts expressed concerns with the number of round trips per day, 2019-3570 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES (USR19-0022) PAGE 4 the pavement requirement, and use of an unmaintained County road for access to the site. Responding to Mr. Varra, Commissioner Conway explained, the purpose of an IA and RMA is to mitigate impacts. Mr. Varra further explained concerns with dust on event days and questioned if there could be a requirement to better mitigate. 1 Daryl Burkhart, SPO, stated concerns about illegal parking on CRs 21 and 102, indicated there is no police presence and indicated they were told it is the neighborhood's responsibility to tow the cars. In response, Mr. McRoberts explained DS #31 (no parking or staging of vehicles on public roads) and how the applicant must adhere to the COA and DS. In response to Mr. Burkhart, Chair Pro-Tem Freeman explained CR 21 is an unmaintained CR, therefore, it is harder to enforce requirements. El Christina Jensen, SPO, indicated her family farms across from the proposed site and requested the screening requirement be more specific. She questioned who regulates the applicant's accountability to the requirements, stated the well statistics are inaccurate and provided details for her family's well. In response to Ms. Jensen's previously asked question concerning regulation, Commissioner Conway reviewed the procedures followed by staff to work with property owners to bring a site into compliance in the event of a violation. Commissioner Conway encouraged her and the applicant to be good neighbors and to communicate with one another. Ms. Jensen expressed frustration with the applicant building the racetrack prior to going through the permitting process. `. Al Schorre, SPO, stated after the last meeting, on August 14, 2019, he provided the Town of Nunn's Fire Chief with a copy of the application. He explained he and the Chief were concerned with DS #8 (security personnel onsite) and suggested having the security be Peace Officer Standards and Training (POST) certified. In response to Commissioner Conway, Mr. Schorre clarified his request to have the security at the horse racing events POST certified. Randy King, SPO, stated he lives approximately two (2) miles west of the proposed site and stated he felt the application is unscrupulous. He questioned the applicant's ability to comply with the provisions in the wastewater disposal plan and described the existing noise he hears in the area. He stated the water truck would not be a positive mitigation to dust concerns and commended the work of PW for the road maintenance and the Town of Nunn's fire department. He stated he worked hard to create his home and mentioned some of the growth within Weld County, specifically along CR 17. Ei Chair Pro—Tem Freeman temporarily closed public comment. Ms. Toomey addressed the SPO's concerns; specifically stating there had been a Traffic Control Plan (TCP) completed and summarized the plan. She explained the plans for dust control with the combination of the TCP, the IA, and the applicant's water truck on event days. In response to Commissioner Conway, Ms. Toomey reiterated they will place signage during events to prohibit traffic from traveling north, which will be enforced by someone at the site access. She acknowledged the comments comparing the proposed track with the Imperial Racetrack and indicated many of the items of concern are not included in the intent of Nunn Downs. There was discussion regarding the animal health, Vet presence and the Equine Infectious Anemia (EIA) test and Ms. Toomey clarified the horse owners will be required to provide health certificates for the 2019-3570 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES (USR19-0022) PAGE 5 horses, and compliance with state regulations. Ms. Toomey noted the applicant's willingness to go through the application process and in response to Commissioner Conway, Ms. Toomey clarified there will be up to 35 horses on the site with the racing and boarding operations. After discussion regarding the request for security, Mr. Choate and Ms. Snyder clarified the applicant is unlikely to obtain security personnel with POST certification. 3. In response to Commissioner Moreno, Ms. Toomey clarified the trees planted for visual mitigation will be ten (10) feet in height. l Chair Pro-Tem Freeman recessed the hearing for ten (10) minutes. Chair Pro-Tem Freeman reconvened the hearing, stated the Board will begin deliberation; however, they would have to break at 11:45 a.m. due to a previously scheduled meeting with the City of Greeley. He explained the hearing would reconvene at 1:15 p.m. Commissioner James requested modifying COA #1.A to require a Landscaping, Screening and Maintenance Plan. He referenced Section 22-2-20.B.3 (A.Policy 2.3) and questioned the compatibility of the racetrack. In response to Commissioner James, Ms. Snyder explained the Department of Planning Services classified the use as an agricultural use and confirmed a commercial racetrack is an allowed use in the A (Agricultural) Zone. He referenced Section 22-2- 20.G.1 (A.Policy 7.1) and expressed his concerns for the impact to the roads. J . Commissioner Conway stated he felt Commissioner James' request would be addressed through the RMA, and in response to Commissioner Conway, Mr. McRoberts referred to Dawn Anderson, PW. Chair Pro-Tem Freeman stated he felt the RMA will be applicable to CR 102, but not to the unmaintained CR 21. . Ms. Anderson agreed with the statement made by Chair Pro-Tem Freeman and further explained the inclusions of the RMA. She reviewed the circumstances with the unmaintained County road, which does not typically have triggers. In response to Commissioner James concerning access, there was discussion regarding the consideration for emergency access to the site, if/when applicable. After research, Mr. Choate indicated there was no ROW on the east side of the section line and noted the access road is on the proposed property. He recommended the Board have the applicant dedicate the ROW on the east side of the section line, or require the applicant to maintain the unmaintained portion of CR 21, either of which can be included in the IA. k� Commissioner Moreno stated he was in support of the application and felt the use could be mitigated while protecting the health, safety and welfare of the citizens of the County. Commissioner Conway agreed with the comments made by Commissioner Moreno and appreciated the comments of Mr. Choate. He requested discussion concerning security for large events and agreed with Commissioner James' comments regarding screening. He stated confidence in having a Vet onsite to ensure the equine community is protected, and suggested additional discussion on DS #14 (Vet onsite). Chair Pro-Tem Freeman disagreed with his fellow Commissioners, indicated the use is not compatible with the existing neighborhood, stated he was unsure how the applicant would mitigate the unmaintained road, and recessed the hearing until 1:15 p.m. 2019-3570 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES (USR19-0022) PAGE 6 Chair Pro -Tern Freeman reconvened the hearing at 1:24 p.m. The Board reviewed the changes made to COA #1.A (Landscaping, Screening, and Maintenance Plan), and Commissioner Conway expressed concern with competent security. There was discussion regarding security certification and Mr. Choate explained, due to many issues that require security intervention being alcohol related, the Training for Intervention Procedures (TIPS) certification could be an option. He also suggested the Board require security to be "licensed and bonded," which would require a hired company to have'a history working with race tracks and the Board agreed to implement that requirement in DS #8 (security personnel requirements). Commissioner James stated appreciation for the testimony of Ms. Staab and Ms. Daubert and discussed business practices compared to regulatory practices. Chair Pro-Tem Freeman confirmed any regulations would be regulated by the Colorado Department of Agriculture. Jo Mr. McRoberts referenced COA #1.C (Improvements and Road Maintenance Agreement) and following discussion regarding the unmaintained County road, Commissioner James corrected the findings in Section 23-2-230.B.3 #3 to state "An Improvements Agreement is a Condition of Approval for this USR and would address concerns along maintained CR 102 and the maintenance on unmaintained CR 21." Furthermore, it was clarified that the Board wished to include CR 21 in the IA and direction was given to staff to hold CR 21 to County road standards. The Board continued discussion and provided their viewpoints concerning the added traffic on an unmaintained County road and Mr. Choate referenced Section 8-6-150 of the Weld County Code, which explained the requirements of Road Maintenance for public roads. Ms. Anderson read the requirements into the record and in response to Chair Pro-Tem Freeman, Ms. Snyder provided the observed conditions of CR 21, including the estimated width and allowance for traffic traveling in both directions. In response to Commissioner Conway, Ms. Anderson clarified the ROW is 30 feet, and after some discussion, Mr. Choate clarified the road is not in the ROW and suggested adding a new COA #1.8 to state, "The applicant shall dedicate and record 30 feet of right-of-way on the east side of the section line along the entire frontage of the parcel." In response to Commissioner Conway, Ms. Snyder stated CR 21 is a gravel road and Commissioner Conway clarified the inclusions of the new COA #1.B. 2 Tom Haren, AGPROfessionals, represented the applicant and reiterated the traffic facts associated with the proposed use. He stated the applicant's willingness to maintain the road and give the County the ROW. He reviewed normal traffic engineering and stated the applicant is willing to maintain the road to County standards. Commissioner James expressed appreciation for the applicant's willingness and Ms. Anderson confirmed her understanding of the direction from the Board for the IA. Mr. Harrin indicated he understood and agreed with the change to DS #12 (animal health) to include the Goggins test. He stated they are in agreement with the requirement to have security with a professional bonded license, and the animal health requirements, and argued all agricultural use is commercial. In response to Chair Pro-Tem Freeman, Mr. Haren indicated they had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Mr. Choate 2019-3570 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES (USR19-0022) PAGE 7 B In response to Chair Pro -Tern Freeman, Mr. Haren indicated they had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Mr. Choate summarized the changes made to the resolution, and Commissioner James confirmed DS #12 (animal health) will require a negative Coggins test. g� Mr. Claudell, SPO, stated CR 21 is a bad road, and explained there is a neighbor at the end of the road that will not allow it to be maintained. In response to Chair Pro-Tem Freeman, Mr. Claudell confirmed the neighbor is south of the access road and Chair Pro -Tern Freeman explained that issue is separate from the proposed application. Commissioner Conway directed Mr. Claudell to contact the Sheriff regarding that issue and Chair Pro-Tem Freeman noted the neighbor is causing other issues that impact other adjacent SPOs. a Jerry Brown, SPO, requested clarification on the financial source for road maintenance, and in response, Chair Pro-Tem Freeman explained the financial contribution will be from the applicant in the form of ROW dedication. Jay Davis, SPO, expressed confusion with the section definition (local section with a commercial access), Chair Pro-Tem Freeman clarified the ROW on CR 102 is County maintained; however, the ROW on CR 21 is not maintained by the County. Ms. Anderson indicated that section of CR 21 will be defined as a "rural local road" and stated the Access Permit will be given where it connects with CR 102. In response to Mr. Davis, Ms. Anderson stated she would review the requirements for returns and Mr. Davis mentioned the obstacles with maintaining the CR. Chair Pro-Tem Freemen further clarified, the road will still be unmaintained; however, the applicant will bring the road to County standards for a local road. a.Ms. Staab, SPO, referenced DS #12 (animal health), thanked the Commissioners for considering the concerns of the SPOs and thanked the applicant for complying with the neighbor's concerns and easing the minds of other surrounding horse owners. a In response to Chair Pro-Tem Freeman, Mr. Haren indicated they had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Ei Commissioner Moreno moved to approve 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, 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 Conway. Commissioner Moreno thanked everyone for their presence and expressed hope for the neighborhood to continue to work as good neighbors. Commissioner Conway echoed the comments of Commissioner Moreno, and summarized the changes made to the resolution. Commissioner James also thanked the applicant and reiterated the comments of Commissioner Conway. Chair Pro-Tem Freeman thanked everyone in attendance, stated he did not feel the use was compatible with the neighborhood and requested a roll call vote. The motion passed on a three (3) to one (1) vote, with Chair Pro-Tem Freeman in opposition. Chair Pro-Tem Freeman reiterated the applicant must abide by the COAs and DSs, and expressed hope the neighborhood would work together for the application to be successful. There being no further discussion, the hearing was completed at 2:34 p.m. 2019-3570 PL2691 HEARING CERTIFICATION - EDUARDO SALVADOR RIVERA TORRES (USR19-0022) PAGE 8 This Certification was approved on the 11th day of September, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datitio w ;0, Weld County Clerk to the Board BY/212-.%N uty Clerk to the Board EXCUSED Barbara Kirkmeyer, Chair EXCUSED DATE OF APPROVAL Mike Freeman, Pro-Tem Sean 7. C., way ott K. -mes Steve Moreno 2019-3570- -- PL2691 ATTENDANCE LIST O`i /09 / I'I c a9st t. NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? 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