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Home My WebLink About20173060.tiffEXHIBIT INVENTORY CONTROL SHEET Case 1MJUSR17-16-0029 - REYNALDO BONILLA Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 815/2017) C. Planning Services PowerPoint Presentation Letter and ROW Easements and Licenses, dated D. Ditch Attorney 11/7/2017 E. Matt Schneider Email of Concern re: Ongoing races, dated 11/7/2017 F. Applicant PowerPoint Presentation, dated 11/8/2017 G. Applicant Survey of Ditch Row, dated 11/8/2017 Email RE: Opposition to Commercial Access Easement, H. Tom Francis dated 11/12/2017 Email RE: Approval for Residential Access Easement, I. Tom Francis dated 11/15/2017 J. Engineering Staff Email RE: Proposed Condition, 1/16/2018 K. Todd Messenger Letter RE: FRICO Ditch Access, dated 2/13/2018 L. Matt Schneider Email of Concern with photos, dated 2/25/2018 Correspondence RE: concerns w/ possible horse M. Staff racing, dated 2/26/2018 Letter RE: Addition Comments Concerning FRICO N. Todd Messenger Ditch Access, dated 5/15/2018 O. P. Q. R. S. T. U. V. W. 2017-3060 i Public hearings concerning this properly will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING I 50 "0" Street • Greeley, CO 80631 Planning Commission Hearing will be held on A%V5V i�J� 20 11 ; at 12*:3CSWI Board of County Commissioner Hearing will be held on PISW2D•20y1:at: JO Ah raw4gEYNALDo 8�N ILLR Applicant nt t and ' kkg .c t to 'u tb A Site Speak Development in the COrrienertall or (Any Use 'PeArnutted Si Ott SpeCial r Z� 'Districts, (( Center for up' to . per Mt industrial ordoedtlhatt e pre Propertyn an office antl shop for tetk sales) Pi rw Or tint% ,cart of a mile ci plan an arPeroveci or recOr6ed Ned prior to the adootkos of any resisi .its cony jib COc N, RKtration ,tUse of �rh.11akesid rx ''�"''' ' " p* � '�� logu"� a% � race Rr � k and W tom•A Isar kunv,rai) ion OStr<< Case Number ira nJ'1- "ran cces tas. 33. 22. INFORMATION PLEASE CONTACT 614 allitlibiPAT THE WELD COUNTY FOR FURTHER � DE PARMIE N T OF PLANNING SERVICES, AT 970-353-6100. 0xi 35317 ernapiass M Myw !Sa wt. O ONO mot set es fall ear OPOOOSIMI digniSva, keret stelalainss � saw SSA/ 1 ��I' ll� !V i'Mp ito Pliwelat Cionses Ornseg ear rep sailall WO are am Sot IINIS ACCESS GATE (VIEW TOWARD TRACK AND PORTABLE TOILETS VIEW TO THE SOUTH Sa I sal = It` VIEW TO ADJACENT O&G FACILITY z :a • � . 41141kati E VIEW TO WEST AT SITE ENTRANCE (TOWARD ADJACENT DITCH AND 4 RESIDENCE) Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Chris Gathman Tuesday, November 07, 2017 7:13 AM Tisa Juanicorena Esther Gesick FW: Bonilla Event Center (1MJUSR17-16-0029) 01842346.pdf From: Todd Messenger [mailto:tmessenger@fwlaw.com] Sent: Tuesday, November 07, 2017 7:09 AM To: Chris Gathman <cgathman@weldgov.com> Cc: 'Scott Edgar' <Scott@farmersres.com>;'Deanne Frederickson' <DFrederickson@agpros.com>; Bob Choate <bchoate@weldgov.com>; 'Eve Craven' <Eve@farmersres.com>; Joseph B. Dischinger <jdischinger@fwlaw.com>; Dean Hirt <dhirt@fwlaw.com>; Susan Wilkerson <swirkerson@fwlaw.com> Subject: Bonilla Event Center (1MJUSR17-16-0029) Mr. Gathman, Please see the attached letter regarding the Bonilla Event Center application. Regards, Todd Todd Messenger Attorney Fairfield and Woods, P.C. 1801 California Street, Suite 2600 Denver, Colorado 80202-2645 Telephone: (303) 830-2400 Direct Dial: (303) 894-4469 Mobile: (303) 249-6772 Web: h ijIwww fwiaw.com FA1RFIE1D WOODS.t Member of MERITAS Law Firms Worldwide CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files, or previous e-mail messages attached to it, may contain confidential information, some or all of which may be legally privileged. If you are not the intended recipient or a person responsible for delivering it to the intended recipient, please be advised that any disclosure, copying, 1 fAIRFIELD 't'WO0DS.. Todd G. Messenger (303) 894-4469 tessenger@fwlaw.com November 7, 2017 Sent via E -Mail to cgathman@weldgov.com Chris Gathman Weld County Planning Department 1555 N 17th Avenue Greeley, CO 80631 Re: Bonilla Event Center (1MJUSR17-16-0029) Dear Mr. Gathman: Our firm represents the Farmers Reservoir and Irrigation Company ("FRICO"). FRICO owns the Beebe-Neres Cutoff Ditch, which is the southern boundary of the Bonilla property that is the subject of Case No. 1 MJUSRI7-16-0029. The Bonilla property is accessed via a FRICO service road and a culvert across the Beebe-Neres Cutoff Ditch. FRICO has reviewed of the application and contacted Mr. Bonilla's representative, Deanne Frederickson of AGPROfessionals, regarding two issues: • First, the Bonillas' easement from FRICO (attached) is limited to access for residential purposes. As such, until the Bonillas and FRICO come to agreement about the nature of the expanded use of FRICO facilities for access, the Bonillas do not have a legal right of access for the proposed use. • Second, the landscape plan shows trees that appear to be planted very close to the ditch bank. FRICO requires trees to be set back at least 30 feet from the ditch bank, in order to prevent water loss and damage to the ditch. Ms. Frederickson represented to us that the applicant would request that any approval granted by the Board of County Commissioners would be subject to working out the access issues with FRICO, and that the applicant would also agree to relocate any trees that are within 30 feet of the ditch bank. Although the access issue is complicated, FRICO believes that it can be worked out. As such, if the County Commission approves the application, FRICO respectfully requests the following two conditions be placed upon the approval: 1801 California Street • Suite 2600 • Denver, Colorado 80202 t (303) 830-2400 • f (303) 830-1033 • www.fwlaw.com FAIRI IELD WOODS P.� Chris Gathrnan November 7, 2017 Page 2 1. The approval is subject to the applicant submitting a fully executed access agreement to the County that demonstrates that the applicant has appropriate legal access to the site of the proposed use, and no permits for building or site preparation shall be issued prior to such submittal; and 2. No trees shall be planted within 30 feet of the bank of the Beebe-Neres Cutoff Ditch. Thank you for your attention to this matter. If you have any questions, please call any time. Sincerely, Todd Messertac Fairfield and Woods, P.C. TM:ds cc: Scott Edgar Deanne Frederickson Bob Choate, Esq. I IIIIFI 11111 HIll II 111111 IIIII 111111 III B II I IIII 3406899 07/31/2005 10:17A Weld County, CO 1 of R 31.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT OF WAY EASEMENTS AND LICENSES THESE EASEMENTS AND LICENSES made and entered into this 28 day of July, A.D 2006 by and between The Farmers Reservoir & Irrigation Company, Colorado corporation, as First Party, and Larry and Marsha Bargas, as Second Party; WITNESSETH: THAT WHEREAS, First Party is the owner of those certain irrigation canals known as the Beebe-Neres Cut Off Ditch in Weld County, Colorado; and WHEREAS, Second Party desires to construct and maintain Access in varying sizes over or under and across the rights of way of said canals at the locations and in the manner as shown on the drawings marked Exhibit A hereto attached and by this reference made a part hereof. Said Exhibit A consists of Lsheet and each sheet represents a specific crossing; and WHEREAS, First Party is willing to grant the easements and licenses desired by Second Party. NOW, THEREFORE, in consideration of the sum of $10.00 paid to Farmers Reservoir & Irrigation Company the receipt of which is hereby acknowledged, and the agreements of Second Party to be performed hereunder and upon the conditions and for the period herein stated, First Party does grant to Second Party, its successors and assigns, easements and licenses to construct, install, lay, maintain, alter, repair, operate and remove a access over or under and across the strips of land which constitute a part of the rights of way of the canals hereinabove named at the specific locations and in the manner designated and referred to in the applicable sheet of Exhibit A. Second Party agrees not to commence construction of said access at any of the points described in Exhibit A without first having obtained the consent and approval thereof of the Superintendent of First Party. It is understood that, if the First Party only owns an easement for Canal and Lateral rights of way or any part thereof at the locations described in Exhibit A, this instrument shall grant to Second Party only such rights as First Party may under such circumstances grant. In laying and constructing said access and thereafter in repairing, maintaining or removing same Second Party shall do so in such manner as not to damage said Canals and Laterals or the DOC - LICENSE AND EASEMENT AGREEMENT 1 1 Ii1I 1111 11111Ill 11111 IIlll 111111 111131B 3406899 07/31121106 10:11A Weld County, CO 2 of 6 R 31,00 0 0.00 Steve Moreno Clerk 5 Recorder embankments thereof and so as not to interfere with the flow of water in said Canals and Laterals. Any and all excavations made shall be immediately leveled off, and any damage to the Canals and Laterals, embankments, fences, roads or other improvements shall be promptly repaired by Second Party at its sole cost to the satisfaction of First Party. Second Party agrees that it will at all times maintain said access and repair all breaks, leaks and damages therein and thereto at its own expense and further that, if, by reason of any break, leak or damage in and to the access, injury to the properties of First Party is sustained, then Second Party will, with all due diligence, repair and replace such property of First Party in the same condition as the same was in prior to such break, leak or damage in and to the said access and will pay any and all monetary damages resulting from such break, leak or damage sustained or incurred by First Party or its stockholders or water users. Second Party further agrees that, if at any time the access causes any settling in the ditch embankments, the roads thereon, or any part of the ditch rights of way, it will, upon notification from First Party, immediately make all repairs required by First Party at Second Party's expense. Second Party further agrees to indemnify and save harmless First Party, its successors, assigns, employees, agents and stockholders on account of any damage or loss sustained by them or any of them arising by reason of laying, construction, maintenance or removal of said access. If in the future First Party should desire to enlarge, deepen or otherwise change or relocate said Canals and Laterals or to construct any other canal ditch or waterway on said Canal and Lateral rights of way or to do any other thing incident to the operation of said Canals and Laterals or any other portion of the irrigation system of First Party, then Second Party agrees, at Second Party's expense, with all due diligence, to change, relay and reconstruct its access so as to comply with such plans and specifications as First Party may prescribe as being necessary to permit the proper maintenance and operation of First Party's irrigation system. Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said access and its operation, construction, maintenance and removal may directly or indirectly cause; and Second Party hereby releases First Party, its successors, assigns, employees, agents and stockholders from any and all claims and damages of whatsoever character to said access or other property of Second Party located in, along or across said Canal and Lateral rights of way arising out of either the operation or maintenance of said Canals and Laterals or other portions of First Party's irrigation system or resulting from any other act either on the part of DOC - LICENSE AN❑ EASEMENT AGREEMENT 2 11111111111111111 llii 11111111111111 11111111111111 llll 3406899 07/31/2006 10:17A Weld County, CO 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder First Party or on the part of any Third Party. The rights of way herein granted to Second Party shall continue so long and only so long as Second Party, its successors and assigns, shall faithfully and promptly comply with the provisions herein stated. It is mutually understood and agreed that this agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors and assigns. EXECUTED in duplicate the day and year first hereinabove written. >: IR$T. ARTY Attest: Its ecreta STATE OF COLORADO, } \ Co QRADD COUNTY OF ADAMS } CORPORATE SEAL V,^Jk General Man -er The foregoing in trument was acknowledged before me this 8 day of (A. 1C 11t leI f , al' 7,1ebid t and j at 55 tae_____ as Sicretary of dOrodo corporation. 200L, by e3 441 Vr if- G C7, ( OnpCr,: 11 Witness my hand and notarial seal. My commission expires /- r7 My Comm. Expires SECOND PARTY DOC - LICENSE AND EASEMENT AGREEMENT 3 1111111 11111 IIIII IIII 111111 111111 lllUl III IIIII IIII IIII 3406899 07/3112006 10:17A Weld County, CO 4 of 6 R 3t00 D 0.00 Steve Moreno Clerk & Recorder Attest: Its By Its STATE OF } }es. COUNTY OF , } The foregoing instrument as acknowledged before me this day of as a Witness my hand and notarial seal. My commission expires DOC - LICENSE AND EASEMENT AGREEMENT and of corporation. Notary Public 4 grcil ICelf4 cat l(guT1 'S3-1115) ELP4gi; k 1 d a ice/ ! 1, -AA'K BATTERY„ / f - / \ f 2o ic4i )e I he pi P.0.6 LOT A SOO114'58"W 14 ' 5S "W 4E3.00 SO7'1?' 44"rl 165 71 S05'72'49'W 171.21 r fExi:5TING ' RESIDENTIAL / ACCESS LOT A / s'°' h ) I i / r 1 I Exhit, A- A tro%%IIDI lz PROPOSED RESIDENTIAL �ACCESS SEE DETAIL 4 1:" •- 5o I ?,1 1,1 .d 1- L32 SEE DETAIL A OSS 1`.x-00 A C -+/-N1 NET 14.`.''5 A.C.+/- NO0 '40' 06' -,151.06 20' WIDE ACCES AND UTILITY EASEMENT AS SHOWN ON LAND SURVEY PLAT BY ALPHA ENGINEERING CO.AEC. #3W2714, WELD COUNTY RECORDS 2652.80' 45 RUCTED) 1 D D 'S B LOT S (Ross 18.15 A.D.+/- , T 16.87 A . C +/- D- Irn z AY OF 4 CID CD CO . Z MY COMMISS: mipao — il r fib? P,C.B LOT NOTE: 30" ROAD RIGHT-:=-pl. BOOK 86, P= :_ CCTCBEP i4: ITYPICE,L) 1237_06' [NO;-HEAE'T CORNER OF EECTICN. 10, FC:NC 3/4' REAR WITH 2' ; 1ALUIa_hM 3 -AP PLS 259;7. W.C.R.#2L /PROPERTY LOCATION z i n NOTARY PUB! WITNESS MY ANNIM TH=S PLAT ammo a`+ DEPARTMEk, ro mimm mom THE FOREC oommoz,d, THIS DAY OF___ imm MY COMMIIMMO } map NOTARY Pt go --- tea MY HAND a- ir -cn X67 _;vEY{ I M. DI IN THE 5 THE SURVI ME OR UNI REPRESEN AND DELI SEARCH B M. DOUGL FOR AND SUFIvEYIN 29 5 4TH PH: 303 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Chris Gathman Tuesday, November 07, 2017 7:48 AM Bob Choate; Tisa Juanicorena Tisa Juanicorena; Hayley Balzario; Lauren Light; Evan Rinkham FW: FW: Continuance of 1MJUSR17-16-0029 (Bonilla) until Wednesday, November 8th at 10 AM FB_IMG_1SOYSY1952732.jpg; FB_IMG_1509637982654 jpg; FB_IMG_1508710734234.jpg; FBJMG_1508632879843.Jpg; FB_IMG_1508632875198.jpg From: Matt Schneider[rnailto:schneider.matt72@grailicomj Sent: Monday, November 06, 2017 6:08 PM To: Chris Gathman <cgathman@weldgov.com> Subject: Re: FW: Continuance of 1MJ USR17-16-0029 (Bonilla) until Wednesday, November 8th at 10 AM Chris, Has Mr. Bonilla gotten approved for his racing permit yet? These are some of the pictures that have been uploaded to his Facebook page and we keep seeing trailers on weekends. He is continuing to hold these events and I would like to know if he is being allowed to do so and if not then what can be done? Thanks, Matt On Oct 2, 2017 10:29 AM, "Matt Schneider" <schneider.matt72@gmail.com>wrote: Thanks for the update. Well, he had more races last weekend, so I am guessing he is not stopping regardless of what the county says. -Matt on Sep 18, 2017 8:33 AM, "Chris Gathma n" <cgathman@weldgovs_co> wrote: Dear Mr. Schneider, At the request of the applicant (below) — the Board of County Commissioners hearing for Reynaldo Bonilla is being continued until Wednesday, November Stn at 10:00 AM. Regards, 1 Chris Guthman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue tee 970-400-3537 fox: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure, If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Deanne Frederickson [n iailto:DFrederickson@agpros.com] Sent: Thursday, September 07, 2017 3:49 PM To: Chris Gathrnan <cgathr ar weldgov.com> Cc: Tim Naylor c tnaylor@agpros,corn> Subject: 1MJUSR17-16-O029 Bonilla Event Center Good Afternoon, Chris. We have been working with the FRICO attorney to arrive at an agreement for the use of the access easement / drive for the Bonilla Event Center. We believe this can be resolved, but will not have a resolution in time for the BOCC hearing on September 20, 2017. We respectfully request the BOCC hearing be continued until we can satisfy this requirement. One of our representatives will be at the hearing to answer any questions. Thank you for your) consideration of this request. I" 2 Regards, DeLti++.we Fvtaevict lesow Senior Planner AG P ROfes i onals 3050 67th Avenue Greeley, CO 80634 970-535-9318 office 970-535-9854 fax r.r, +r AGPROfessionals DEVELOPERS OF ACRICUI.iUHF 3 qp a - b. •. R y w 4 dash, -! T F a a t ► 0 • I y r. a I. _ • •, ' r . • • MI E • • :• 4 4 4 b t• • •-.4 iP,. '4 TT Sr 0 - a • 4 s * _ "i ~ a e y i ta t a' a + • Y Amended Use By Special Rev IMJUSRI7 160029 Applicant: Reynaldo Bonilla c/o AGPROfessionals, LLC 3050 67t" Ave #200 Greeley, CO 80634 ew AGPROfessjonals DEVELOPERS OI: ACTRIGULI t RI Approved Uses • Use by Special Review (Approved): • Event Center for up to 200 people • Shop for tack sales In the A (Agricultural) Zone District • Uses by Right: • Caretaker apartment • Stables for up to 60 horses (40 -horses requested) • Riding arena • Request: 300 • Increase capacity for up to b'59;participants — riding arena / track • Match racing AGPROfessionals DEVELOPERS OF AG RIGU LTURE 1 Site Location AGPROfessionals DEVELOPERS OF AGRICULTURE Access ti 40 • = EXISTING EDGE �r -n . OF POPS) -0 II t ' A'3F11AL I rt • -to CS r On- s--FuURES Cri a. . ti ._ r ;/ . Oar' frex k firN . , tiff 1 ' •'' ` f.. F.' :)'J' ^ i J S re. f :I it > , ,f '-„c-1! te. � ,'S1.,h Tfl ll� !r xti_ WOO Z2 ti S I IL ACCESS UE I AJ L SCALE: ,- - 34 CRS: PFRPAIT Na AP -1:7-111221 AGPROfessionals DEVELOPERS OF AGRICULTURE Access a I \-NORTH ONE -QUARTER CORNER SEC10. T2N. R65W I BONILLA REYNALDO USR 1634 /7- -_J \,—CROSSING 4' I! r 35+00 28+00 I sy 41+00 r r L G K I BONILLA EVENT CENTER r LOT 1 RECORDED EXEMPTION NO 1307-10-1 RE -4329 LOCATED IN THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. WELD COUNTY, COLORADO BONILLA REYNALDO 55+00 r f r rr r FRANCIS THOMAS LIMING TRUST EXISTING DITCH EXISTING ROAD FRICO WARRANTY DEED 210518 BOOK 406 PG 438, 1-30-1915 30' JOINT ACCESS AND UTILITY EASEMENT PER ACCESS AGREEMI MN I. RECOREDED JULY 31, 2006 REC. 32406899 c I '!`Jr + I J ACCESS EXHIBIT SHEET 2 OF 2 rr NORTH ONE -QUARTER n/de CORNER SEC10, T2N, R65W CROSSING 'CaseN �r .r r r BONILLA REYNALDO • r rr- rr rr P I � 0 ti PROPERTY UNE N ENCROACHMENT EXISTING ROAD —` s. 28+00 LOOKING NORTH - 24' WIDE 35 r 00 LOOKING NORTH - 24' WIDE 41+00 LOOKING NORTH - 22' WIDE J p EXISTING BRIDGE: 20' WIDE XI JOINT ACCESS AND UTILITY EASEMENT PER ACCESS AGREEMEMNT RECOREDED JULY 31, 2006 REC. 32406899 FRICO WARRANTY \{DEED 210518 BOOK 406 PG 438, 1-30-1915 N \\2 \ EXISTING DITCH 4\ \kJ \ N \\\ --I a 65+00 LOOKING EAST - 24' WIDE CROSSING LOOKING NORTH I d } ra 2 I I! • .°- t I i J LI gib Y Email f ii; i.i.-, AGPR DEVELOPERS ( 87th Avenue. Suite 200, (970) 535-9318 • tau: (5 --aa 5 r. BONILLA. EV I IV I U1:N I'LR AN D HORSE ARENA ACCESS EXHIBIT SHEET 2 OF 2 HUDSON. CO SHEET AE -2 AGPROfessionals DEVELOPERS OF AGRICULTURE Current Use Applican Residence Neighboring Residences SITE AGPROfessionals DEVELOPERS OF AG RIGU LTURE �i I Trailer Parking Existing Horse Arena Tack Sales 6,200 SF Event Center Portico Guest Parking Existing Road { - ti_1` t .�ti 1 k _ OE C' F OE nc �+= CC I J 5 1 •" r V f �� •'� ] ti`s �' 't am.•21. f ti, f� ~'•,s~-� +. • s IL I r� — C. ;?z rr r X n- 1 — o — CL — - 4:C — a- — 70-7 L aM1 I 1 II V L - // ti / f i a 1 Z. ! \'ti NN ti. ; \\ H— —CE — !C i ". 1 '1'f �'i \ • " tom. ti .ti t ! .. f s rF OE — OE 01 CE — 1 Site Plan Horse Track Rest -room facility Barn: 20 horse stalls Formal Garden Outdoor Patio (Pavers) Office I Care Taker Apt. Barn: 20 -horse stalls Detention Pond Building Elevation AGPROfessionals KEY MAP SCALE: P' = MOO U r -w DEVELOP ERS OF ACRICU L1'URE Land Use Stables, Riding Arena & Practice Track (Use by Right): • • Monday -Sunday, primarily during daylight hours Up to 30 cars during practice sessions and horse boarding activities Up to 40 horses housed Event Center: • Primarily weekends until midnight • Up to 200 people may use facility Employees: • I full time caretaker • No shift work • Outside caterers, event planners, photographers etc. contracted as needed AGPROfessionals DEVELOPERS OF AG RIGU LTURE Proposed Use L • Horse track and riding arena participation for up to 3SQ people 300 AGPROfessionals DEVELOPERS OF AG R1CU L;FURE Traffi c A Traffic Impact Study was performed by Sean Kellar, PE, Kellar Engineering. Existing traffic volumes, trip generation and trip distribution patterns were analyzed; Conclusions: • • • • • The project is appropriate in size and scale from a traffic engineering perspective based upon the existing adjacent roadway characteristics. The project is not a large weekday peak hour traffic generator. The 200 person capacity for the site, given the hours of operation and peak hour traffic, resulted in no turn -lane warrants. A 350 person capacity triggers off -site turn lane warrants. An amended 300 -person capacity will show that off -site turn lanes will no longer be warranted. AGPROfessionals DEVELOPERS OF AG RIGU LTURE Traffic • We requested an exception to the Weld County Code for off -site turn lane requirements — Staff has indicated they can't support this request. • Weld County Code requires a left turn lane when peak -hour lefts into a site exceed 10 cars during the peak hour. • Weld County Code requires a right turn lane when peak -hour right turns exceed 25 cars during the peak hour. >> • The Traffic report demonstrates 11 -peak hour left turns. • The Traffic report demonstrates right -turn ingress of 47 cars during the peak hour. • Daily and off-peak traffic generation remains within the limits. • Peak hour is 12:00 to 1:00 PM on Saturdays when background traffic is less than during the week. • Construction of a left turn lane at this location would be cost prohibitive to this applicant: the bridge, now 30' wide, would require re- construction. • Construction of a right turn lane at this location would also be cost prohibitive. Our contractor estimated the cost as $160,000 for a right turn lane using WC standards. AGPROfessionals DEVELOPERS OF AG RIGU L'I'URE 1 WARNING s -frn UNDER COLORADO LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO SECTION 13-21-1191, COLORADO REVISED STATUTES. Safety Emergency Services readily available: • Hudson Fire Protection: Response time 10 minutes. Ambulance Service: From Keenesburg, response time 13 minutes. • Police protection from Town of Hudson & Weld County Sheriff Security provided by a private agency • 2 security personnel for first 100 -participants 1 additional security personnel for each additional 50 - participants. Vehicles vetted for alcohol gate. removed from vehicles at entry Signs posted to inform participants of facility policies and State Law AGPROfessionals DEVELOPERS OF AG RIGU LTURE Use By Specal Review i I USRI6 0029 Applicant: Reynaldo Bonilla c/o AGPROfessionals, LLC 3050 67t" Ave #200 Greeley, CO 80634 AGPROfessionals DEVELOPERS OF AGRICULTURE 21 X00 BONILLA EVENT CENTER LOT A RECORDED EXEMPTION NO. 1307-10-1 RE -4329 LOCATED IN THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. WELD COUNTY, COLORA O EXISTING DITCH 30' JOINT ACCESS AND UTILITY EASEMENT PER ACCESS AGREEMEMNT RECOREDED JULY 31, 2006 REC. 32406899 EXISTING ROAD COUNTY RD 22 ACCESS EX I f IT S HET 1 OF 2 SCALE: P =150' ENTRANCE LOOKING NORTH - 47' WIDE 8+00 LOOKING NORTH - 25' WIDE 11+00 LOOKING NORTH - 22' WIDE 17+00 LOOKING NORTH - 22' WIDE 21+00 LOOKING NORTH - 20' WIDE DATE. October 12, 2017 DRAWN BY' AGPRO REVISIONS: 9, w ❑ DESC. DESC. Li9, ww ❑ ❑ K N Q N Q P Q N 6 y} AGPROfessionals DF.VFT,OPFRS OF ACTRTCTTT,TTTRF 1O O F 0 t., th o �Jh °/y3S :ONILLA EVENT CENTER AND HORSE ARENA ACCESS EXHI it IT SHEET 1 OF 2 HUDSON, CO SHEET: AE1 A 8 C D E F H - - BONILLA EVENT CENTER LOT 1 RECORDED EXEMPTION NO 1307-10-1 RE -4329 LOCATED IN THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. WELD COUNTY, COLORADO r 7 PROPERTY LINE EXISTING BRIDGE: 20' WIDE I NORTH ONE -QUARTER • i //-/� ;�� 30' JOINT EASEMENT ACCESS PER AND ACCESS UTILITY NORTH ONE -QUARTER CORNER SEC10, T2N, R65W ______ \ _______ CORNER SEC10, T2N, R65W \ AGREEMEMNT RECOREDED — BONILLA USR REYNALDO 1634 I— — -=s / '' ''� //'' �' �� / gym% :_u c" \ \ jai=•� \�� `�`� n.�i-```� - �,d a` JULY FRICO DEED 406 31, PG 210518 WARRANTY 438, 2006 1-30-1915 BOOK REC. 32406899 \,\ \ EXISTING DITCH REYNALDO BONILLA I /- ,,/'/1119'/7 BONILLA REYNALDO ENCROACHMENT N, \ �,\ \/'\ ' / //�_� ', EXISTING ,.. 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R M}g :5 "aa r� \4 yYi 4 f y !4 C ♦T�` \ EXISTING / YY DITCH / /� E l<. L ' • ry e "-^51Wb�li ✓Y r4Y*a x ..0•7. A>4 k �F� r� >: )' i� PR t J . chi f.,'4,s�y , k -i1 Cutt \ / \ y ��, �>,�f,Fn�st,. �}. . .. i 1 +u h "a" i!' ,.'•.� Y Y Y �• t. ;y 'f - - } r. x..x tip`n.: 35+00 �\ EXISTING ROAD �;≥ _ ., T,. h1- Fv^w >z 44 �f\�� ;�•.� .` / _ .. 4'' p. 5; - s�'.yiL�y3�'!4i}5y,' � `a.' s �'9' �4; 't l F Y X -Y.`, . �, �y , �✓.. L T ry % t .4 P ^f 'aS[k � mss' , ii i . iA I/ \ \\ I \ `� DEED FRICO 210518 WARRANTY BOOK / / /'� G F ° / ^ {{ '5, tl, .)„,./ �-3y W'.J +°iy �i -.+1...� ^S`%y�;; _ Nr ll� .PL 1 i J u✓ ^fie M1b,. N.;v rb> tp� 'iif it YT+h.'•c ryfi .F " v': rZ - r,'KS E< r' ' Y�'1 r �F YT=' `Y�isr"`�C- S - \w w �•G( "J �, •.+ 9� ,:>�Fn} ,Nn,�e-.F fd f. M1 f " j''x"c - y37§( ✓ t - S�` ♦ ppi `f - ' J <' i ..Y� ..e ♦ !'.� a• �• �., _ v,'Yo= .4 . r P i . t.. tA• +f'S t /, .�i`�'. Y4/dAti%••Yiv Yt -fiCl f�' 'h f 1. Y`^-a,j i F, - p x . . .a1 ,S•i' }� ,b„t x .- 74YJie 9�1, r a, �pr ,....` :< ��rsr ..�L�,� .•. : f4� , t -3v l�'C b JA W t ♦ M.va r { `I (!yl`ti.' `YI V'h<11'� R s,"tY4 'Y T.r & .. .✓�? 4 ,. � 406 PG 438, 1-30-1915 �... a.,+4.... • . ,< r>;f�.:i, \\\ \\ 30' JOINT ACCESS AND UTILITY < „�_' „., / / / !%` It /r• "r = 35+00 LOOKING NORTH - 24' WIDE CROSSING LOOKING NORTH Ns / t= ;rF., t�A \ EASEMENT PER (r'' ACCESS -- g, a ` \ / \� AGREEMEMNT RECOREDED fi 1. i rtt I;: -:-J �. z. `\ JULY 31, 2006 R EC / f " ,_ . 32406899 J / 28+00 y IxM _J J.y.,,.% 11 , rt .1._Ni Ni ` — • . !_.±: . • .rir Si t r Va' ^5 .. 4. i'> �. iF < Yl c4. x �. rte£- - T( r J T- y yr !(( %y. -i ;,71Snlsx P$r£ v� f. _ �! ✓: slY +Yn" 25f ✓4Vr'J„a�y,kp�` ic si Y ' / t ��5$G 1J ..z„'Yq,} yt 4.•I 4 S AYUi C`.w - y. s a f.S}y,, ` . "?.'•'i ax rrY�tq�b,% ACCESS EXHIBIT SHEET 2 ®F 2 � � � ,'�L J P� u'- ti, S>'4."T t . r 0 t A'�S t�r,� S4 ie..as*t.gs h . ' t}�., ,fr 't s�� • .. ��° 41+00 LOOKING NORTH - 22' WIDE SCALE: 1°=i50 A I s I C I 0 I e I i F 1 G K s 2 s co a T • DATE: October 12.2017 DRAWN BY: AGPRO REVISIONS: U 0 0 J A 0 ti N 0 tJ N 0 ¢ d z n rc V ¢ ,n ¢ Irmi Tit EtS OF AGRICUI . 4' �� O e Q c 00 e> p �Jc 0 o Deg, T 'r I] SHEET: AE -2 Tisa Juanicorena From: Sent: To: Cc: Subject: Chris Gathman Monday, November 13, 2017 7:58 AM Bob Choate; Tisa Juanicorena Tom Parko Jr.; Michelle Martin FW: commercial easement for Rey Benilla event center Attached is the response from Tom Francis re: Bonilla Access easement (1MJUSR17-16-0029). Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fax: 970-400-4098 b D D 2 EXHIBIT H 1n4J15121-1-I1.-Oozq Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: tfrano@netzero.net [mailto:tfrano@netzero.net] Sent: Sunday, November 12, 2017 11:49 AM To: Chris Gathman <cgathman@weldgov.com> Subject: commercial easement for Rey Benilla event center Dear Chris, I have decided NOT TO GRANT the commercial easement across my property to access the event center that Rey wants to build. My worry is that a commercial easement portends too many potential future problems for the neighboring property owners. If you have any questions, please call me at 303 549-4011. Sincerely, Tom Francis 1 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Wednesday, November 15, 2017 7:32 AM Bob Choate; Tisa Juanicorena RE: Easement for Bonilla (1MJUSR17-16-0029) Original Message From: Tom Francis [mailto:tfrano@netzero.com] Sent: Tuesday, November 14, 2017 9:04 PM To: Chris Gathman <cgathman@weldgov.com> Subject: Easement Chris, I emailed Deanne with Ag Pro. She asked if that included his residence. I said I would approve a residential easement which also allowed him to continue his trucking business from that residence. Tom Francis Sent from my iPhone Need technical assistance with your devices at home? Try NetZero Premium Technical Support. We can help you with slow PC performance, virus/malware detection and removal, online storage set-up and back-up, wireless TVs or printers set-up, and more! For details, visit: https://help.netzero.net/premts 1 Tisa Juanicorena From: Sent: To: Subject: Hayley Balzano Tuesday, January 16, 2018 12:38 PM Tisa Juanicorena; Chris Gathman 1MJUSR17-16-0029 Condition of Approval Addition Hello Tisa and Chris, I have a Condition of Approval I need added to the Draft Resolution for 1MJUSR17-16-0029. Suggested wording is: "The applicant shall submit an updated Drainage Report and/or drainage drawings prior to recording the USR map." I will summarize this in the Feb 14th hearing. Please let me know if you have any questions. Thank you! Hayley Balzano Engineer I Weld County Public Works 1111 H Street P.O. Box 758 Greeley, CO 80632-0758 (970) 400-3738 hbalzano@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 k\ FAIRFIELD -WOODSoc G. Messenger (303) 894-4469 tmessenger@fwlaw.com February 13, 2018 Sent via E -Mail to cgathman@weldgov.com Chris Gathman Weld County Planning Department 1555 N 17th Avenue Greeley, CO 80631 Re: Bonilla Event Center (IMJUSR17-16-0029) Dear Mr. Gathman: Our firm represents the Farmers Reservoir and Irrigation Company ("FRICO"). FRICO owns the Beebe-Neres Cutoff Ditch, which is the southern boundary of the Bonilla property that is the subject of Case No. 1MJUSRI7-16-0029. This is a follow up to our letter dated November 7, 2017. By way of background, the Bonilla property is accessed via a FRICO service road and a culvert across the Beebe-Neres Cutoff Ditch. FRICO and Mr. Bonilla were not able to sort out the variety of issues that were involved in providing the necessary access to the site along the Beebe- Neres Cutoff Ditch service road. It is our understanding that Mr. Bonilla is currently working with FRICO to determine a location and terms for an alternative access. Until the Bonillas and FRICO come to agreement about the nature of the use of FRICO facilities for access, the 13onillas do not have a legal right of access for the proposed use. Ms. Frederickson previously represented to us that the applicant would request that any approval granted by the Board of County Commissioners would be subject to working out the access issues with FRICO, and that the applicant would also agree to relocate any trees that are within 30 feet of FRICO's ditch banks. Although the access issue is complicated, FRICO continues to believe that it can be worked out. FRICO requests that the County continue this application, pending resolution of the access issue. However, if the County Commission approves the application, FRICO respectfully requests the following two conditions be placed upon the approval: 1. The approval is subject to the applicant submitting a fully executed access agreement to the County that demonstrates that the applicant has appropriate legal access to the site of the proposed use, and no permits for building or site preparation shall be issued prior to such submittal; and 1801 California Street • Suite 2600 • Denver, Colorado 80202 t (303) 830-2400 • f (303) 830-1033 • www.fwlaw.com kO FAIRFIELD WOODS..: Chris Gathman February 13, 2018 Page 2 2. No trees shall be planted within 30 feet of the bank of the Beebe-Neres Cutoff Ditch. Thank you for your attention to this matter. If you have any questions, please call any time. Sincerely. Todd Messenge Fairfield and Woods, P.C. TM:ds cc: Scott Edgar Eve Craven Joe Dischinger Deanne Frederickson Bob Choate, Esq. Tisa Juanicorena From: Sent: To: Subject: Esther Gesick Sunday, February 25, 2018 4:55 PM Tisa Juanicorena FW: Horse Racing REYNALDO BONILLA (1MJUSR17-16-0029) From: Matt Schneider[mailto:schneider.matt72@gmail.com] Sent: Sunday, February 25, 2018 2:37 PM To: Esther Gesick <egesick@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Cassie Lenton <clenton@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com> Subject: Re: Horse Racing REYNALDO BONILLA (1MJUSR17-16-0029) The property that I am inquiring about is located: 21505 CR 22 Hudson, CO 80642 On Sun, Feb 25, 2018 at 2:35 PM, Matt Schneider <schneider.matt72@gmail.com>wrote: Hello, I'm a close neighbor to the Bonilla property and its my understanding that he does not a permit granted to be conducting horse racing on his property every weekend like he is doing so today. I have been in touch with the planner of this case and neighbors that attended his last hearing on February 14th, and it's clear that he can't be doing such events, selling food, alcohol without a permit. So when will this be stopped? I've attached pics and videos that are all over social media. Thanks, Matt https://m.facebook.com/story.php?story fbid=1736195236439311&id=1050062675052574 https://m.facebook.com/story.php?story fbid=1736142566444578&id=1050062675052574 https://m.facebook.com/story.php?story fbid=1730019303723571&id=1050062675052574 1 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Tisa, For the file. Esther Gesick Sunday, February 25, 2018 4:55 PM Tisa Juanicorena Chris Gathman FW: Horse Racing REYNALDO BONILLA (1MJUSR17-16-0029) FB_IMG_1519144544203 jpg; FB_IMG_1519144532058jpg; FB_IMG_1519144529058jpg; FB_IMG_1508632879843jpg;FB_IMG_1508710734234jpg Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Matt Schneider[mailto:schneider.matt72@gmail.com] Sent: Sunday, February 25, 2018 2:35 PM To: Esther Gesick <egesick@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Cassie Lenton <clenton@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com> Subject: Horse Racing REYNALDO BONILLA (1MJUSR17-16-0029) Hello, I'm a close neighbor to the Bonilla property and its my understanding that he does not a permit granted to be conducting horse racing on his property every weekend like he is doing so today. I have been in touch with the planner of this case and neighbors that attended his last hearing on February 14th, and it's clear that he can't be doing such events, selling food, alcohol without a permit. So when will this be stopped? I've attached pics and videos that are all over social media. Thanks, Matt https://m.facebook.com/story.php?story fbid=1736195236439311&id=1050062675052574 1 0 6 _ 5 - 3-- Z 1•17i4 4 .r 1 k +�y w Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good Afternoon, Chloe Rempel Monday, February 26, 2018 12:19 PM Alan Caldwell; Esther Gesick Chris Gathman; Michelle Martin; Bob Choate RE: Horse Racing REYNALDO BONILLA (1MJUSR17-16-0029) 20163710.pdf Reynaldo Bonilla submitted an application to amend USR16-0029 to include horse racing, and the matter has been continued to May 16, 2018. At this time, the applicant is permitted to board and train horses, but not to race them. Large events would likely require a Temporary Assembly Permit, and the applicant does not have a liquor license, so there should not be alcohol sold on the premises. I also took a look at the Facebook page from the below submitted images, and it looks like it is one Facebook page for multiple different addresses, which might not even include Mr. Bonilla's property. For more information about what uses are currently permitted, please contact the case planner, Chris Gathman. Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Alan Caldwell Sent: Monday, February 26, 2018 10:14 AM To: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com> Subject: FW: Horse Racing REYNALDO BONILLA (1MJUSR17-16-0029) Hello Esther and Chloe: I got this over the weekend. Was there a permit issued and what is the status of 1MJUSR17-16-0029? Alan Caldwell Captain - Weld County Sheriff's Office 1950 "O" Street Greeley, CO 80631 970-400-2808 1 Pl. ati 4 Li acaldwell@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Matt Schneider[mailto:schneider.matt72@gmail.com} Sent: Sunday, February 25, 2018 2:37 PM To: Esther Gesick <egesick@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Cassie Lenton <clenton@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com> Subject: Re: Horse Racing REYNALDO BONILLA (1MJUSR17-16-0029) The property that I am inquiring about is located: 21505CR22 Hudson, CO 80642 On Sun, Feb 25, 2018 at 2:35 PM, Matt Schneider <schneider.matt72@gmail.com>wrote: Hello, I'm a close neighbor to the Bonilla property and its my understanding that he does not a permit granted to be conducting horse racing on his property every weekend like he is doing so today. I have been in touch with the planner of this case and neighbors that attended his last hearing on February 14th, and it's clear that he can't be doing such events, selling food, alcohol without a permit. So when will this be stopped? I've attached pics and videos that are all over social media. Thanks, Matt https://m.facebook.com/story.php?story fbid=1736195236439311&id=1050062675052574 https://m.facebook.com/story.php?story fbid=1736142566444578&id=1050062675052574 https://m.facebook.com/story.php?story fbid=1730019303723571&id=1050062675052574 2 `"` FAIRFIELD �A: MOODS Rc. Todd G. Messenger (303) 894-4469 tmessenger@fwlaw.com May 15, 2018 Sent via E -Mail to cgathman@weldgov.com Chris Gathman Weld County Planning Department 1555 N 17th Avenue Greeley, CO 80631 Re: Bonilla Event Center (1MJUSR17-16-0029) Dear Mr. Gathman: Our firm represents the Farmers Reservoir and Irrigation Company ("FRICO"). FRICO owns the Beebe-Neres Cutoff Ditch, which is the southern boundary of the Bonilla property that is the subject of Case No. 1 MJUSR 17-16-0029. This is a follow up to our letter dated February 13, 2018. By way of background, the Bonilla property is accessed via a FRICO service road and a culvert across a FRICO canal. FRICO and Mr. Bonilla have conceptually reached agreement regarding the issues involved in providing the necessary access to the site. However, the agreement has not yet been memorialized in writing. Until the Bonillas and FRICO execute an agreement about the nature of the use of FRICO facilities for access, the Bonillas do not have a legal right of access for the proposed use. If the County Commission approves the application tomorrow, FRICO respectfully requests the following two conditions be placed upon the approval: 1. The approval is subject to the applicant recording a fully executed access agreement in the public records of the County that demonstrates that the applicant has appropriate legal access to the site of the proposed use, and no approvals shall be recorded or permits for building or site preparation issued prior to such recordation; and 2. No trees shall be planted within 30 feet of the bank of the Beebe-Neres Cutoff Ditch. 1801 California Street • Suite 2600 • Denver, Colorado 80202 t (303) 830-2400 • f (303) 830-1033 • www.fivlaw.com FAIRFIELD WOODS Pc. Chris Gathman May 15, 2018 Page 2 Thank you for your attention to this matter. If you have any questions, please call any time. Sincerely, Todd Messenge Fairfield and Woods, P.C. TM:ds cc: Scott Edgar Eve Craven Joe Dischinger William Garcia, Esq. Bob Choate, Esq. Hello