HomeMy WebLinkAbout20171919.tiffHEARING CERTIFICATION
DOCKET NO. 2017-57
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0024, FOR RECREATIONAL FACILITIES AND USES INCLUDING RACE
TRACKS AND RACE COURSES (MATCH HORSE RACING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - JACOB VARRA, C/O ANA ORNELAS
A public hearing was conducted on July 5, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
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, Diana Aungst
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2, 2017, and duly published June 7,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Jacob
Varra, c/o Ana Ornelas, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0024, for Recreational Facilities and Uses including Race Tracks and Race Courses
(match horse racing) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
reviewed the site location in relation to relevant County Roads, and stated 18 referrals were sent
out with six (6) responses indicating no concerns or with comments that have been considered.
She reviewed the applicant's request to provide a facility to perform horse training, conditioning
and racing, but clarified there would be no boarding. Ms. Aungst explained the site layout,
preparation for and types of events, and that these events would not exceed 104 days (total) per
year, nor exceed a duration more than six (6) hours. She reviewed the maximum number of
horses to be on -site, minimum number of persons to be assisting at these events, number of
parking stalls, signage parameters and location, proposed fencing, and stated there is no new
landscaping proposed. Ms. Aungst stated the applicant expects no more than 500 people in
attendance at the smaller events, and no more than 2,000 people at the larger events. She
reviewed the proposed provision of medical personnel, emergency staff, security, waiver
procedures, and clarified there is no allowance for alcohol, contraband or weapons on the site.
She stated food is not provided by the applicant but it is an option to hire vendors. Ms. Aungst
described the adjacent lands and stated the site is located within the three (3) mile referral area
of the Town of Nunn, which did not return a referral response. She stated staff received one letter
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of concern. Ms. Aungst displayed images of the site and surrounding views to include nearest
residences and entered the favorable recommendation of the Planning Commission into the
record as written. In response to Chair Cozad, Ms. Aungst explained the signage would be
approved if the application is approved and it would not require an additional motion. In response
to Commissioner Moreno, Ms. Aungst clarified the applicant's proposed parking spaces and the
option to contract with food vendors.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating an Access Permit has been approved,
#AP17-00275, which stipulates to utilize the new small commercial access on County Road
(CR) 96, the new small commercial access on CR 37, and the new small residential access on
CR 37. He provided the average daily traffic counts for CRs 39 and 96 and stated a traffic narrative
was submitted indicating up to 400 round trips during events and provided the expected travel
routes. Mr. Pinkham stated tracking control and an Improvements Agreement are required, and
clarified if this case is approved, the Department of Public Works is requesting a Traffic Impact
Study be completed and the off -site improvements will be based on the results of the Traffic Study.
He inferred Condition of Approval (COA) #1.D may need to be adjusted to ensure the results of
the Traffic Study are used to determine the off -site improvements. In response to Commissioner
Conway, Mr. Pinkham reviewed potential triggers for improvements based on proposed daily
round trips and reiterated the Traffic Study will assist with determining the needs. In response to
Chair Cozad, Mr. Pinkham explained the application process in determining the need for a traffic
study as it progressed.
le Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating a drainage narrative was provided which stipulated the facility would
not increase the imperviousness of the site making it exempt from a drainage report and a
detention pond design. She reviewed the relative Conditions of Approval and Development
Standards.
le Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and clarified portable toilets are acceptable as long as the use is six (6) consecutive
months, or less, which may conflict with the proposed use. She recommended amending
Development Standards (DS) #28-30, at the Board's discretion. Ms. Light reviewed the Conditions
of Approval and Development Standards related to Environmental Health. In response to
Commissioner Conway, Ms. Light provided the decibel limitation for the Commercial Zone District.
Ana Ornelas, applicant, stated she has been in the horse racing industry for eleven (11)
years and her parents will live on -site. She explained the events, frequency, emergency and
medical personnel, security, and clarified there will be no alcohol or drugs allowed on the
premises. She stated she visited the other homeowners in the vicinity and left a copy of the
planning application with each one. Ms. Ornelas reported that she also spoke to the owner of
Great Guns and they were excited about the business. She mentioned one adjacent neighbor
who has concerns regarding the traffic because he wanted to build a home close to the main
entrance and she offered to purchase his land. In response to Commissioner Kirkmeyer,
Ms. Ornelas estimated three to five big events per year, with approximately 2,000 people in
attendance, and smaller events two times per month with no more than 500 people in attendance.
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la Brian Bixler, neighbor, stated he recently purchased the adjacent property in December and
has plans to build a home on three (3) of the 80 acres. He mentioned his concerns with match
racing, increased traffic, and the parking lot location adjacent to where they wanted to build. In
response to Commissioner Conway, Mr. Bixler reiterated his concerns regarding the increased
traffic and the verbal conversation with Ms. Ornelas, on the phone, regarding potentially selling
his property. In response to Commissioner Kirkmeyer, Mr. Bixler stated if the horse track goes in,
they would most likely sell because they would not be able to enjoy the property as they had
planned; and, if it doesn't pass, they will most likely stay.
• In response to Chair Cozad, Ms. Ornelas indicated she has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards.
• In response to Commissioner Moreno, Ms. Ornelas stated she is not concerned with having
too few parking spaces because of her experience with many patrons carpooling and she is
committed to utilizing magnesium chloride for dust mitigation.
• In response to Commissioner Kirkmeyer, Ms. Aungst stated it would be at the Board's
discretion to impose a Development Standard requiring a Temporary Assemblage Permit for the
large events. Chair Cozad recalled a specific case with a similar requirement.
El In response to Commissioner Conway, Ms. Ornelas explained there would not be joint events
with Great Guns; however, they were mutually interested in advertising by swapping fliers at
events to create more business for each other. She clarified any firearms on -site will be
confiscated.
• In response to Chair Cozad, Ms. Ornelas explained her intent to hire a licensed security
company responsible for confiscating firearms and returning then to the proven owner when they
are leaving.
I In response to Commissioner Kirkmeyer, Ms. Aungst explained the Department of Revenue
regulations regarding wagering and gambling, and if the facility wants to have legal gambling,
they may pursue a permit through the State.
• In response to Commissioner Kirkmeyer, Ms. Aungst stated the Emergency Action Plan was
left off the Conditions of Approval because it needs to be submitted prior to each event.
Mr. Pinkham explained the requirement for a Traffic Impact Study and the results be reflected in
the Improvements Agreement and he recommended adding language to COA #1.D to stipulate
this requirement more clearly. Chair Cozad suggested adding language to the second sentence
of COA #1.A to meet this request, which read, "...based on the approved Traffic Impact Study."
Commissioner Kirkmeyer recommended deleting the word "future" from that same sentence. The
Board agreed. After further discussion, the Board agreed to add a new COA #2 to require the
submission of an annual Emergency Incident Action Plan to the Weld County Office of Emergency
Management, Nunn Fire District and Law Enforcement, and added language reflecting this
requirement and for compliance regarding the aforementioned to DS #3 for all events.
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• Commissioner Kirkmeyer requested discussion regarding the hours of operation and the
portable toilets when the facility is open year around. Ms. Light concurred the portable toilets are
not reasonable because it is not a temporary facility. Ms. Aungst stated usually a neighbor will
call regarding compliance issues. The Board agreed to remove DS #5.c and add a new DS #6 to
read, "Large events (greater than 500 attendees) are limited to five (5) times per year and will
require a Temporary Assembly Permit."
El In response to Commissioner Kirkmeyer, Ms. Ornelas stated she would provide two (2)
additional security guards if attendance surpasses 350. Commissioner Kirkmeyer suggested
stipulating this on DS #7, and removing the word "illegal" from DS #13. The Board agreed. She
further recommended amending DS #26. After discussion by the Board, DS #26 reads, "Fugitive
dust should attempt to be confined on the property. On the day of racing events, fugitive dust shall
be controlled. Uses on the property shall comply with the Colorado Air Quality Commission's Air
Quality Regulations."
▪ In response to Commissioner Kirkmeyer, Ms. Light suggested deleting DS #28; however,
adding the first sentence of DS #28 to DS #29 which will require permanent septic for the facility
and will allow supplemental portable toilets for large events. In response to Commissioner
Conway and Chair Cozad, Ms. Light explained the septic design process for a facility of that size
and assured the Board that an engineer would be able to calculate the design. Ms. Light clarified
if the maximum number of gallons used is surpassed, the applicant would need to get a permit
from the State.
ra In response to Commissioner Kirkmeyer, Ms. Ornelas stated she is willing to purchase the
neighbor's property should they choose to sell and if they do not choose to sell the property, she
stated she is willing to move the parking area and driveway to the west side of the site as a means
of mitigation. The Board agreed to create a new COA #1.F to reflect this amendment. Chair Cozad
explained the other 80 acres, if purchased from the adjacent neighbor, are not a part of this USR
and if the applicant intends to include them, they will need an amendment to the USR. Ms. Ornelas
stated if she purchases the aforementioned property, it will most likely be used for a residence for
her parents.
Chair Cozad reviewed the changes.
• In response to Chair Cozad, Ms. Ornelas requested clarification regarding the septic
requirements and asked for additional time to install a permanent septic system for the facility.
Commissioner Kirkmeyer suggested allowing six (6) months from the first event as a reasonable
time frame to install the septic system. Chair Cozad agreed and recommended adding a new
COA #7, to read, "Within six (6) months of the first event, the property owner shall install the septic
system(s)."
In response to Chair Cozad, Ms. Ornelas indicated she agrees to abide by the Conditions
of Approval and Development Standards, as amended.
El Commissioner Moreno moved to approve the request of Jacob Varra, c/o Ana Ornelas, for
a Site Specific Development Plan and Use by Special Review Permit, USR17-0024, for
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Recreational Facilities and Uses including Race Tracks and Race Courses (match horse racing)
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
and entered into the record. The motion was seconded by Commissioner Freeman.
Commissioner Kirkmeyer stated she is in support of this application because she agrees with the
findings and the location is compatible. The motion carried unanimously. There being no further
discussion, the hearing was completed at 11:32 a.m.
This Certification was approved on the 10th day of July, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dJ •
Weld County Clerk to the Board
BY: R
uty Clerk to the Board
AP"o'EDA
oun ' ttorney
Date of signature: '71 0`5117
/too
e Freeman
Steve Moreno, Pro-Tem
Sean P. Conway
arbara Kirkmeyer
2017-1919
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