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,
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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
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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,
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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
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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.
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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
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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.
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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
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