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Home My WebLink About20163723HEARING CERTIFICATION DOCKET NO. 2016-85.C RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0029, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (EVENT CENTER FOR UP TO 200 PEOPLE, ALONG WITH AN OPERATING 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 ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - REYNALDO BONILLA A public hearing was conducted on January 11, 2017, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Sean P. Conway, Pro -Tern Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer Commissioner Steve Moreno 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: El I hereby certify that pursuant to a notice dated September 20, 2016, and duly published September 23, 2016, in the Greeley Tribune, a public hearing was conducted October 19, 2016, to consider the request of Reynaldo Bonilla, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0029, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (event center for up to 200 people, along with an operating 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 adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, at which time the Board deemed it appropriate to continue the matter to December 21, 2016, to allow the applicant adequate time to apply for and receive a well permit and to be able to present to the Planning Commission on November 15, 2016. Bob Choate, Assistant County Attorney, made this a matter of record. On December 21, 2016, the Board again held a hearing and again continued the matter to January 11, 2017, to allow the applicant adequate time to perform community outreach due to the objection from some of the surrounding property owners. Frank Haug, Assistant County Attorney, made this a matter of record. The Board again held a hearing on January 11, 2017, and Bob Choate, Assistant County Attorney, made this a matter of record. CG PLCCGIMM),PE.C HCa), t-MCLL) C.)/(3/(-1 2016-3723 PL2444 HEARING CERTIFICATION - REYNALDO BONILLA (USR16-0029) PAGE 2 Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and explained the intent of the applicant to build a 6,200 -square -foot event center to host events such as weddings and quinceneras and this event center would also house an office and small tack shop. He stated the application includes a riding arena, practice track, barns and pastures not used for commercial events and noted that the maximum number of horses on -site meets the district requirement. Mr. Gathman reviewed the private access, non-exclusive right-of-way easement, and the adjacent property also owned by the applicant which has an approved trucking business on -site. He further reviewed the site location in reference to the three (3) mile referral area of the Town of Hudson and stated this municipality had no comments. He clarified that although there have been complaints from surrounding property owners regarding commercial events taking place, use of shared access, alcohol, trash, sanitation, capacity, noise, traffic and hours of operation, there is no violation pending. In response to Commissioner Conway, Mr. Gathman confirmed the site is not in violation at this time. He continued with his presentation and reviewed the Nuisance Management Plan and Access Permit and stated 16 referrals were sent out with ten (10) responses received. He displayed images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record as written. a Mr. Gathman noted, at the Planning Commission hearing, the applicant mentioned a portable toilet that is paid for by those who train there and the question was raised regarding if this exchange of money would require a commercial use aspect of this USR. Mr. Choate stated if the applicant is accepting money from those using the facility, it would be considered a commercial use and require a change to the USR. Commissioner Kirkmeyer clarified that there are horse training and boarding facilities throughout the County and people get paid to provide those services and it is a Use by Right. Mr. Choate clarified the question was a result of the applicant mentioning holding rodeos and horse races and charging for them. Commissioner Kirkmeyer stated it does need to be clarified because a training and boarding facility is acceptable under the current use, but if the applicant is having horse racing and rodeos and charging fees that does make it a commercial use and it would need to go back to the Planning Commission. Evan Pinkham, Public Works Department representative, provided a brief overview of the transportation plans and requirements stating Access Permit AP16-00370 has been approved to utilize an existing small commercial access off of County Road (CR) 22. He provided the average daily traffic count for CR 22 as 2,004 vehicles per day, with 69 percent truck traffic, and stated tracking control and an Improvements Agreement are both required. Mr. Gathman on behalf of Hayley Balzano, Planning Services Engineer representative, presented the drainage and grading requirements. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating water is provided by an individual well permitted for both commercial and domestic use and if that use exceeds 25 people per day, they will be subject to review by the Colorado Department of Public Health and Environment. She stated the applicant's intent to construct a new septic system not to exceed 2,000 gallons per day, and if it does exceed the limitation it will also be subject to review by the State. Ms. Light reviewed the typical Conditions and Development Standards related to Environmental Health. 2016-3723 PL2444 HEARING CERTIFICATION - REYNALDO BONILLA (USR16-0029) PAGE 3 Deanne Frederickson, AGPROfessionals, represented the applicant and provided a PowerPoint presentation and summary of the applicant's intent to utilize a 15 -acre site for an equestrian center, event center, tack shop, stables and caretaker apartment, and to be able to host weddings and quincineras on this property. She reviewed the location of the site in relation to adjacent County roads, the private access shared by the applicant, an oil and gas company and Farmers Ditch Company. She identified the area on the site that has the existing riding arena and practice track and clarified this application is not for the purpose of scheduled or organized equestrian events. She reviewed the traffic narrative which limits traffic to 60 trips per day and clarified the money collected is more of a donation to assist with costs ensued for the port -a -potty and security. Ms. Frederickson described the site plan, agricultural uses, and hours of operation and stated up to 200 people can use the center. She further reviewed the traffic volume and asserted the application is consistent and compatible with code requirements. Pam Nichols-Kretzer, surrounding property owner, pointed out her driveway on the map and stated the applicant is already having horse races every weekend with 150-200 cars utilizing CR 22. She described the dust and noise as very bad with the traffic and the bands that play music at night every weekend. She said the dust, noise and trash travel to her property and there is trash on both sides of the ditch. Ms. Nichols-Kretzer explained she used to pasture across the ditch from the applicant and he removed their fencing three different times and when they called the sheriff, the applicant offered to give back the fencing that he had already used to fence portions of his property and after the third time she gave up and can't risk pasturing her animals there anymore. She also stated the applicant's semi -trucks use the jake-brakes constantly when pulling into their driveway. In response to Chair Cozad, she stated the trucks are coming from his property and she is not happy about what is going on down there. Miles Nichols, surrounding property owner, stated he has lived in the area all his life and he reported that on Saturdays and Sundays there are automobiles coming and going all day and night, the music is loud, and the dust is so bad that you cannot have the windows open. He stated the automobiles pulling out on CR 22 think it's a race track and they squeal their tires and he said the neighbors concur that you don't get out on that road if you value your life. Mr. Nichols stated he has another adjacent neighbor that farms alfalfa and reported the first row of hay is wasted because of the beer cans and bottles that make it impossible to salvage. Mr. Nichols said he has called the sheriff several times and they never do anything about it and he feels frustrated with no solutions. In response to Chair Cozad, he confirmed the prior person who spoke lives on his property. Ms. Frederickson stated she cannot speak to fence disputes but she can follow up with the applicant regarding that. She explained she has been working with the applicant to ensure code compliance in terms of the noise and traffic and he now understands and wants to be in compliance. In response to Commissioner Conway, Ms. Light reviewed the noise limitations for commercial and residential use. In response to Chair Cozad, she stated the limitation for this application reflects a commercial use based on the events but can certainly be changed to residential at the Board's discretion. In response to Commissioner Conway, Ms. Frederickson stated the bands could be inside the event center or outside in the patio area. 2016-3723 PL2444 HEARING CERTIFICATION - REYNALDO BONILLA (USR16-0029) PAGE 4 El In response to Commissioner Kirkmeyer, Ms. Frederickson stated it was her understanding that Mr. Bonilla would be attending and she does not know why the applicant is not present. In further response, she stated the application is for events every weekend. Commissioner Kirkmeyer clarified it is for seven (7) days a week. In response to Chair Cozad, Ms. Frederickson stated the security and clean-up is based on the number of people attending. • In response to Commissioner Conway, Ms. Light stated noise does travel and it may or may not exceed the limitation but may still be heard. In response to Chair Cozad, Mr. Gathman reminded the Board that the applicant owns some adjacent properties; however, the maximum number of horses, per the Code, is four (4) horses per acre and the application limits to a total of 40 horses. • Commissioner Kirkmeyer expressed concerns with what is really going on out there which is obviously disrupting the neighbors and the applicant is not present to answer questions. Commissioner Freeman stated the events taking place on the track and riding arena are separate from the USR application. The application is for an indoor event center for weddings and social events. • Ms. Fredrickson pointed out the locations of the existing riding arena and practice track, and the proposed event center. • Tim Naylor, AGPROfessionals, suggested a Development Standard would address the non-commercial training facility and practice track with a stipulation of no formal commercial events unless the applicant obtains a Temporary Assembly Permit. • In response to Commissioner Kirkmeyer's concerns, Commissioner Conway stated the addition of a Development Standard is a good solution and he emphasized that having security and clean-up on personal property is a use by right. He agreed with the concerns regarding traffic and noise and suggested those be addressed. El Chair Cozad suggested language for a new Development Standard (DS) #6 to differentiate the use of the training facilities from the use of the event center and that any commercial event related to the training facilities would require a Temporary Assembly Permit or may require an amendment to this USR. She further suggested DS #13 be amended to reflect the Residential Zone District noise limitation. Mr. Gathman clarified the applicant would only be allowed to have one (1) temporary assembly per year unless otherwise specified through the USR Permit. Mr. Choate agreed with specifying the number of events and limiting the number of people, if the Board wants those limitations in place. In response to Commissioner Kirkmeyer, Chair Cozad reviewed the suggested language for the new DS #6, "This facility includes a non-commercial training facility. Any events related to the 2016-3723 PL2444 HEARING CERTIFICATION - REYNALDO BONILLA (USR16-0029) PAGE 5 arena and practice track shall require a Temporary Assembly Permit or may require an amendment to this USR." Chair Cozad recommended a new Condition of Approval (COA) #1.C.14, to read, "Show and label the practice track and practice arena." In response to Chair Cozad, Ms. Frederickson indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Freeman moved to approve the request of Reynaldo Bonilla for a Site Specific Development Plan and Use by Special Review Permit, USR16-0029, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (event center for up to 200 people, along with an operating 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 adoption of any regulations controlling subdivisions 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 Moreno. Commissioner Kirkmeyer stated although the new Development Standards are helpful, she is still concerned regarding the activities resulting in the strained neighbor relations. Chair Cozad stated with the permit there are more restrictions, including noise regulations, and concerning future problems there are now restrictions to hold the applicant accountable. Commissioner Conway agreed the restrictions included with a permit assist the neighbors with specifics for accountability and they can contact the Department of Planning Services if there is a violation. He further encouraged the applicant to communicate with the neighbors and attempt to be a good neighbor. Commissioner Conway thanked the public for being present and for their input. There being no further discussion, the hearing was completed at 12:34 p.m. 2016-3723 PL2444 HEARING CERTIFICATION - REYNALDO BONILLA (USR16-0029) PAGE 6 This Certification was approved on the 16th day of January, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d.oftet)jeio;,1 Weld County Clerk to the Board BY AP Date of signature: 0/0Col I -7 orney Steve Moreno, Pro-Tem EXCUSED DATE OF APPROVAL Sean P. 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