HomeMy WebLinkAbout20173061.tiffHEARING CERTIFICATION
DOCKET NO. 2017-65.E
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMMENDMENT USE BY
SPECIAL REVIEW PERMIT, 1MJUSR17-16-0029, FOR ANY USE PERMITTED AS A
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(EVENT CENTER FOR UP TO 200 PEOPLE, ALONG WITH AN OFFICE AND SHOP
FOR TACK SALES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO THE ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS, TO ALLOW COMMERCIAL RECREATION (USE OF HORSE TRACK
AND RIDING ARENA, INCLUDING FOR USE AS A RACE TRACK AND MATCH
RACING FOR UP TO 350 PEOPLE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
REYNALDO BONILLA
A public hearing was conducted on May 16, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Clerk to the Board, Esther E. Gesick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated July 28, 2017, and duly published August 2,
2017, in the Greeley Tribune, a public hearing was conducted on August 16, 2017, to consider
the request of Reynaldo Bonilla, for a Site Specific Development Plan and Major Amendment Use
by Special Review Permit, 1MJUSR17-16-0029, for any Use permitted as a Use by Special
Review in the Commercial or Industrial Zone Districts (Event Center for up to 200 people, along
with an office and shop for tack sales) provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to the adoption of any regulations
controlling subdivisions, to allow Commercial Recreation (use of horse track and riding arena,
including for use as a race track and match racing for up to 350 people) in the A (Agricultural)
Zone District, at which time the Board deemed it appropriate to continue the matter to
September 20, 2017, at which time the case was again continued to November 8, 2017.
On November 8, 2017, a hearing was held and it was deemed appropriate to continue the matter
to February 14, 2018, at 10:00 a.m., to allow the applicant adequate time to reach an easement
agreement with the Farmer's Reservoir and Irrigation Company and with Mr. Tom Francis.
On February 14, 2018, the applicant's representative, Deanne Frederickson, AGPROfessionals,
requested a further three (3) month continuance to allow adequate time to reach the necessary
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third -party agreements and/or engineer another option for the necessary access. After further
discussion, the Board opted to continue the matter to May 16, 2018, at 10:00 a.m., to allow the
requested time to negotiate and/or re -engineer the access point. On May 16, 2018, Bob Choate,
Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the record
as written. He referenced a letter (Exhibit N) from Todd Messenger, on behalf of the Farmers
Reservoir and Irrigation Company (FRICO), requesting inclusion of Conditions of Approval
regarding a fully executed Access Agreement, that no Building Permits be issued prior to
recording, and that no trees be allowed within 30 feet of the ditch. Mr. Gathman stated Condition
of Approval (COA) #1.E indicates the applicant shall "attempt" to address the requirements of
FRICO.
Tim Naylor, AGPROfessionals, stated the applicant has entered into an agreement with
FRICO and paid a large sum of money to gain access to the site. At the request of Commissioner
Kirkmeyer, Mr. Naylor indicated the location of the access from County Road (CR) 22 on the
FRICO deeded road, crossing the ditch and then entering the subject property. He referenced
Development Standard (DS) #8 and stated the number of guests is limited to 350 people;
however, the applicant was previously approved for an events center which has an occupancy
limit of 200 people. He questioned whether an event of 200 people would limit activities on the
remainder of the site to only 150 people. He also questioned DS #12, which requires an
ambulance for more than 200 people.
Ei Mr. Naylor requested the deletion of the language in COA #1.A, "...including constructing an
access road at least 24 feet wide,..." because the applicant will be utilizing an existing access,
and the Board agreed. He referenced COA #1.E and questioned whether the language fully
addresses all of the required items. Commissioner Cozad commented that certain items were
previously discussed which are not in the referral letter; therefore, she proposed removing "...as
stated in the referral dated August 14, 2017." Commissioner Kirkmeyer agreed the remaining
language clearly states the applicant shall "attempt to" address the requirements; however, the
statement restricting trees within 30 feet of the ditch only applies to the width of the FRICO
easement and cannot impose further setbacks. Mr. Naylor requested COA #4.A, concerning
improvements prior to operation, be deleted and that the triggers for improvements be addressed
in the Improvements Agreement. In response to Commissioner Cozad, Mr. Pinkham confirmed
the triggers are based on peak hours because it is difficult to monitor ongoing traffic flows and
determine the exact moment an improvement is triggered; therefore, staff relies on traffic studies,
versus ongoing monitoring. He noted the traffic movements have already triggered a right-hand
turn lane, and that staff has also considered the type of road being accessed by the facility.
Mr. Naylor confirmed the applicant is willing to build the left -turn lane now, but the right -turn lane
is complicated because it requires rebuilding the FRICO bridge. He stated the peak times for the
facility are on Saturday and Sunday, so the impacts to background traffic on CR 22 are less.
E. Commissioner Kirkmeyer commented placing triggers in the Improvements Agreement
would require the applicant to conduct and submit a follow-up traffic study, but the current study
indicates they have triggered certain improvements already. eResponding to Commissioner
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Cozad, Mr. Pinkham stated the traffic engineer expressed that the 85% speed and traffic control
were not stringent enough, but if directed, the triggers could be implemented through the
Improvements Agreement.
Commissioner Kirkmeyer commented there are no shoulders on CR 22. Mr. Choate stated
traffic control measures could be included as a Condition of the Access Permit, or through a
Development Standard which requires traffic control during events of a certain size. He clarified
the ditch is on the west side of the road, so they would need to expand the left -turn lane followed
by a right -turn lane, when triggered. Commissioner Kirkmeyer proposed a compromise to allow
traffic control for one year, after which time the applicant would be required to submit another
traffic study and then build further improvements, if warranted at that time. She stated CR 22 is
a major connection corridor between U.S. Highway 85 and CR 49. Commissioner Cozad agreed
one year of operations would allow the applicant to determine how to manage their events and
perhaps control traffic to ensure no triggers are met.
3 Mr. Naylor agreed with the proposed compromise. Following discussion, the Board agreed
to delete COA #4.A, gave direction to staff to address traffic control in the Improvements
Agreement, and amended COA #1 to add a new sentence stating: "After one year of operation
an updated traffic study shall be submitted." He requested DS #4 be deleted since the applicant
is investing a significant amount into the facility and he may want to pass it on to family or sell,
and the Board agreed. El Mr. Naylor requested clarification on DS #12. Following discussion,
the Board agreed to delete the word "arena" to clarify that an ambulance would only be required
for the race track or match racing events which expect more than 200 people. He referenced DS
#14 and stated the equestrian event center hosts 4-H children, the horse races are on a straight
track, and the animals are well cared for and maintained, so a veterinary should not be required
for training events, and the Board agreed to delete DS #14. At Mr. Naylor's request, the Board
also deleted DS #18 restricting alcohol on the site and confirmed the applicant would be required
to get the appropriate permits if alcohol is being sold. Lastly, Ms. Light clarified the noise levels
and the Board agreed to amend DS #26 to restrict the site to the Commercial levels. =`! In
response to Commissioner Conway, Mr. Naylor concurred and stated the indoor events will be
buffered.
In response to Chair Moreno, Mr. Naylor indicated he and the applicant have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Conway moved to approve the request of Reynaldo Bonilla, for a Site Specific
Development Plan and Major Amended Use by Special Review Permit, 1MJUSR17-16-0029, for
any Use permitted as a Use by Special Review in the Commercial or Industrial Zone Districts
(Event Center for up to 200 people, along with an office and shop for tack sales) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to the adoption of any regulations controlling subdivisions, to allow Commercial Recreation (use
of horse track and riding arena, including for use as a race track and match racing for up to 350
people) 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
presented and amended. The motion was seconded by Commissioner Cozad, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:48 a.m.
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This Certification was approved on the 21st day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d udo%ei
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APP' • . D AS
Attorney
Date of signature: a6 -a7- 2
Moreno, Chair
Julie . Cozad
Mike Freeman
2017-3061
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ATTENDANCE LIST
DATE: 5 / •.Wi?
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