HomeMy WebLinkAbout20173859.tiffHEARING CERTIFICATION
DOCKET NO. 2017-65.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMMENDMENT USE BY
SPECIAL REVIEW PERMIT, 1 MJUSRI7-16-0029, 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 November 8, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
Ei 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-O029, 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, Bob Choate, Assistant County Attorney, made this a matter of record.
Ei Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated this is an amendment to USR16-0029 to allow the additional use of the horse
track and riding arena for up to 350 people and additional uses of the horse track and riding arena
Cc: PL CCG(Mm), PECH6), HL.CLL), CTpC TS)
la/III 17
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to include the use as a race track for match racing events to be operated on the weekends,
weather permitting, from 10:00 a.m. to 8:00 p.m., and events could occur 12 months of the year.
He stated the applicant is proposing to construct a restroom facility with running water and an
additional septic permit. Mr. Gathman reported access to the site is through a private access with
a non-exclusive right-of-way easement between the applicant and the Farmers Reservoir and
Irrigation Company (FRICO), with an agreement originally recorded in 2006 and an additional
agreement recorded in 2008. The site is located off of County Road (CR) 22, and the applicant
has a trucking business under a different USR that is adjacent to the current use. He reviewed
adjacent land uses and nearest residences and stated staff received two (2) phone calls regarding
this case with the first call concerned about the septic system size, capacity, and if it is subject to
the State requirements; and, the second phone call reported the applicant as continuing to hold
events and attendees were throwing litter on CR 22. He reviewed the concerns cited in two (2)
letters and one (1) email to include: safety concerns, noise, water pollution, dust from traffic,
access road not designed for the amount of traffic, access not designed for two-way traffic, light
pollution from traffic, traffic trying to access from a dead-end access to the east, people not turning
on the right road, lack of oversight, greater risk of alcohol, drugs and firearms from large crowds,
inadequate trash mitigation plan, and loss and impact on quality of life. He stated since the
Planning Commission hearing, staff has received a letter from a law firm representing Todd
Messenger regarding FRICO, and an email from Matt Schneider with photos alleging Mr. Bonilla
is having events on his property. Mr. Gathman explained the facility will use two (2) septic systems
to not exceed the 2,000 gallons in capacity so as to not trigger the Colorado Department of Public
Health and Environment requirements in regard to permitting. He explained the activity related to
horses in addition to the event center is horse training and boarding which allows up to four (4)
horses per acre. He reported the Weld County Sheriff's Office reviewed the case and had no
concerns. He stated the applicant indicated trash will be collected and removed at least weekly,
and there are a number of Development Standards and Conditions of Approval to help mitigate
the impacts of the use. Mr. Gathman reported the site to be located in the three (3) mile referral
area of the Town of Hudson and he reviewed the referral response from the Town, including the
concerns and comments. He stated there were a total of 19 referrals sent out with 11 responses
received with the comments taken into consideration by staff. Mr. Gathman noted there were a
number of Development Standards that were in the original staff recommendation and similar to
another facility that were removed or amended by the Planning Commission.
le Chair Cozad recessed at 2:22 p.m. to return at 2:32 p.m.
. Chair Cozad reconvened the hearing at 2:36 p.m.
Mr. Gathman displayed images of the site and surrounding views and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Gathman noted that
staff received an updated letter from FRICO and there is a Condition of Approval as a result of
this letter.
El Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating an Access Permit has been approved,
AP16-00370, which stipulates to utilize the existing access points. He provided the average daily
traffic counts to include truck percentages and reviewed the traffic study submitted last year and
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the updated memorandum associated with the use. Mr. Pinkham stated the traffic memo
stipulated about 250 round trips for the arena on the weekend, and 234 round trips associated
with the event center. Staff also took into consideration the peak hour trips accessing the site and
recommended an eastbound left deceleration lane on CR 41 and a westbound deceleration lane
on CR 22; however, based on conversations with the applicant's representative, they would be
willing to limit traffic to avoid constructing the eastbound turn lane. He reported the limited traffic
would reflect 367 round trips to the site on a weekend day. Mr. Pinkham stated an Improvements
Agreement is required. In response to Chair Cozad, Mr. Gathman stated he does not want to
speak to the legality issue with the access issue involving FRICO, rather, the applicant can
address that. Chair Cozad clarified there has to be a legal access before moving forward.
Hayley Balzano, Planning Services Engineer representative, stated the additions for this
USR can be handled by the drainage facility that was designed for USR16-0029 and staff is in
receipt of a letter signed and stamped by an Engineer attesting to that. She further reviewed the
grading requirements and the Conditions of Approval and Development Standards related to
engineering.
Ei Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water service is provided by an individual well. She explained the applicant
applied for a commercial well permit which expired on October 6th and she is not aware if the
applicant drilled the well or requested an extension. Ms. Light clarified if the use of the well
exceeds 25 people per day, it is subject to the rules of the Colorado Department of Public Health
and Environment. She reviewed the septic requirements and stated that the applicant has
indicated they prefer to have two (2) septic systems engineered to prevent going over the 2,000
gallons daily usage and being subject to the CDPHE regulations. Ms. Light clarified those septic
systems must be designed by an engineer due to the commercial status. She stated there are
provisions allowing the use of portable toilets until the permanent restrooms are constructed. She
reported Development Standards (DS) #21-33 address Environmental Health items.
Deanne Frederickson, AGPROfessionals, represented the applicant and reviewed the prior
USR Permit and stated the applicant is requesting to amend the Permit to allow an increased
capacity for 300 people, which is reduced from 350 submitted on the application due to triggers
with traffic and improvements. She reviewed the location in relation to County roads and stated
the amendment includes an adjacent parcel for a total of 30 acres. Ms. Frederickson reviewed
the shared access and the right-of-way and clarified they are requesting a conditional approval
for the land so the continued negotiations with various landowners can continue to work toward
an agreement regarding the access. She called attention to the letter submitted by FRICO that
requests any approval be subject to working out the access issues and that the applicant will
agree to relocate any trees that are within 30 feet of the ditch bank. She stated the access issue
is difficult; however, she reported that FRICO believes it can be worked out. Ms. Frederickson
stated the Planning Commission had concerns that the access road is not wide enough for two
lanes; however, she stated they had a surveyor report that the road is in good condition and never
narrower than 22 feet, which is narrow but sufficient for two lanes, and she stated the applicant is
willing to expand the road and understands there is to be no parking on the access road. She
described the site plan to include the requested expansion and additional parking.
Ms. Frederickson reported the well permit has been extended, the well is being drilled currently,
and the restroom facility and running water should be available by next summer. She reviewed
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the drainage design regarding filtration and water quality prior to discharge. Ms. Frederickson
clarified the agricultural uses on the site will be operational seven (7) days a week, primarily during
daylight hours, and the event center will be primarily used on weekends until midnight. She stated
there is a therapy horse program, as the applicant has a special needs child living on -site, and
she clarified there is no shift work on the site. Ms. Frederickson stated there will be one caretaker
who will live in the on -site quarters. She stated the request is to allow 300 people to attend events
on the weekends, she reviewed the results of the traffic study in relation to triggers for
improvements and reiterated the applicant's intent to reduce traffic to eliminate the trigger for a
left turn lane. In response to Commissioner Conway, Ms. Frederickson concurred they will reduce
the impact to 300 attendees and see how that impacts traffic and, if that is not good enough to
reduce the turn lane warrants, then they are willing to reduce it even more because the expense
of the turn lane associated with the bridge improvement is too costly. She reported the terms of
the Emergency Management Plan to include response times from various emergency services,
security measures and personnel provided by a private agency, and vehicles are vetted for
alcohol at the entrance gate.
e Tom Francis, adjacent property owner, stated he does not think it is possible to limit traffic
enough to prevent the triggers and the applicant needs to accommodate the standard. He is also
concerned with the reduction in the number of veterinarians due to the dangers of horse racing.
Mr. Francis stated the Planning Commission was assured that a deal was in the works with
FRICO. He explained there are other issues to include the fact that the access crosses onto his
property as well and he stated he spoke to a lawyer and was told that FRICO has a prescriptive
right; however, they cannot grant a commercial access and he was told to personally be very
careful in agreeing to grant a commercial access. Mr. Francis stated, as he understands the
matter, without his agreement to the commercial access, it kills the deal and, so far, nothing has
been worked out. In response to Commissioner Kirkmeyer, Mr. Francis pointed out his property
and stated the applicant can point out the area of the issue with the access that is on his property.
In response to Commissioner Conway, Mr. Francis stated he is not in active negotiations and was
only made aware of it from the applicant's representative and he requested the Board not grant
preliminary approval until a decision is made. In response to Commissioner Freeman, Mr.
Pinkham stated the access has not changed. Commissioner Freeman requested clarification
regarding the access road for the original USR permit.
Pam Kretzer, SPO, asked for clarification regarding the number of vehicles and people. She
stated there are already 100-150 vehicles accessing this site and this puts them over the 300
people. She reported a helicopter flying overhead and as a result, people on -site panicked and
left without stopping before accessing CR 22. She also reported an incident with a fire truck trying
to get on -site and could not access due to traffic exiting. Ms. Kretzer stated there are issues with
pollution, noise, traffic and firearms.
Miles Nichols, SPO, explained the right-of-way as 35 feet and 45 feet from the center of the
ditch. He confirmed the traffic pulling put without stopping in the situation with the helicopter.
El Chair Cozad recessed at 3:14 p.m.
Chair Cozad reconvened at 3:28 p.m.
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Commissioner Kirkmeyer requested clarification on how FRICO can grant access on
someone else's property. Mr. Choate explained FRICO has a deed for their right-of-way; however,
it may encroach on Mr. Francis' land. He further stated if FRICO has a deeded right-of-way, they
can grant access for their portion but Mr. Francis would have to sign off on it as well. He stated
he has crafted language for a Condition of Approval, if the Board chooses to move forward.
Chair Cozad reviewed the survey, which revealed Mr. Francis' claim to a portion of the access.
After further discussion between Mr. Choate and the Board, the consensus is the applicant must
have legal access.
Ms. Frederickson stated the applicant has a deed for a 50 -foot right-of-way from FRICO
that stipulates they can give permission for their portion of the road but they need to get
permission from the underlying property owner, Mr. Francis, for the portions that belong to him.
She explained the first two USRs belonging to Mr. Bonilla are now under scrutiny from FRICO as
well because FRICO was not made aware of this access issue until now and FRICO has a
prescriptive easement but cannot give away any rights to this road other than what they use it for
because it includes Mr. Francis. She described the encroachment areas and stated the applicant
has no right to any portion of the road outside of the easement. She stated they may re-route the
road in order to meet an agreement with all three parties and she explained they would prefer not
to continue it again. Ms. Frederickson explained the goal is to come to an agreement with all three
attorneys. In response to Commissioner Conway, Ms. Frederickson stated she understands it is
a risk, but requested conditional approval, as the applicant does not want to withdraw.
Commissioner Kirkmeyer stated the entire matter is in question, along with the prior two
USR Permits, because it is uncertain if there is legal access and her recommendation is for a
continuance. She further stated this application needs to be treated like other applications with
match horse racing facilities and the items that Planning Commission thought should be removed,
should be added back in as staff recommended. Commissioner Kirkmeyer suggested with all the
traffic on CR 22, it appears there needs to be more work done on the traffic study to meet the
desirable outcome for the applicant. She reiterated it does not appear that the adjacent property
owner wants to participate in a commercial access agreement and she is not supportive of a
conditional approval today and would prefer a continuance to allow the applicant time to work
through these important items.
Chair Cozad agreed there are several items to be addressed to include the number of people
coming to the property and what that triggers for improvements and she stated the access is a
big issue and she is not willing to move forward without an answer. Chair Cozad stated she is
also concerned with the water well situation and the applicant being in compliance with attendees
only being on -site for two (2) hours or less to comply with the policy regarding bottled water. She
stated she agrees with Commissioner Kirkmeyer's recommendation regarding the Conditions of
Approval and Development Standards remaining consistent with other match racing facilities to
ensure the health, safety and welfare of the participants and neighbors. Chair Cozad stated she
agrees with a continuance.
Ms. Frederickson stated she estimates needing four to six months to finalize agreements.
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Mr. Francis stated he wants to make a considerate decision knowing there are other people
involved like the other surrounding property owners in the area along with Mr. Bonilla having his
dream. He does not want to take away Mr. Bonilla's means of income from his trucking business
but he is uncertain regarding the horse racing. He stated he does not have an issue with
Mr. Bonilla's residence or trucking business as far as the access, but turning it into a commercial
access is another thing. Mr. Francis stated he can make a decision within the next four months.
After further discussion, the Board and the applicant agreed to continue this matter to
February 14, 2018.
Commissioner Kirkmeyer moved to continue the request of Reynaldo Bonilla, for a Site
Specific Development Plan and Major Amendment to 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, to February 14, 2018, to
allow the applicant time to negotiate the terms of an access agreement. The motion was seconded
by Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 3:55 p.m.
This Certification was approved on the 13th day of November, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COl_)1VTY, COLORADO
ATTEST: i:6{4A) G• •ie1ito4k.
Julie A. Cozad, Chair
Weld County Clerk to the Board
BY
ounty Attorney
arbara Kirkmeyer
Date of signature: 1a ill/ -1
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