HomeMy WebLinkAbout20160028.tiffHEARING CERTIFICATION
DOCKET NO. 2016-01
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0060, FOR RECREATIONAL FACILITIES AND USES INCLUDING RACE
TRACKS AND RACE COURSES (MATCH HORSE RACING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - GERARDO CERVANTES AND NANCY
GARCIA, CIO LEONEL ORNELAS
A public hearing was conducted on January 6, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno - EXCUSED
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 13, 2015, and duly published
November 18, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Gerardo Cervantes and Nancy Garcia, do Leonel Ornelas, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0060, for Recreational Facilities
and Uses including race tracks and race courses (match horse racing) in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
le Chair Freeman instructed the applicant and the public of the proceedings, should there be a
tie vote, due to the excused absence of Commissioner Moreno.
IR Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
reviewed the location in relation to County roads and surrounding agriculture uses, clarifying that
the site in question is a dryland parcel created by a Recorded Exemption with no irrigation water
or residences on -site. He mentioned that it is not in any overlay districts. Mr. Ogle stated the site
is not in the three (3) mile referral area of any municipality but is in the three (3) mile referral area
of Adams County, which did not submit a referral response. He stated the traffic generated by this
Use will trigger and require an Improvements and Road Maintenance Agreement and he reviewed
the applicant's proposed mitigation and various plans related to the application regarding trash
receptacles, spectators and participants, and security. Mr. Ogle stated staff received two (2) calls
and seven (7) letters of objection total. He described the proposed use for the facility to include
the training and racing of horses, no boarding, no stalls or barns, hours of operation and
approximate number of spectators, no food or beverage sales at this time, and the applicant will
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provide security and emergency medical and veterinarian services on -site at all times. Staff sent
out 16 referrals and received four (4) responses with comments and/or recommended conditions.
He displayed images and entered the recommendation of the Planning Commission into the
record as written.
Jennifer Petrik, Planning Services Engineer representative, provided a brief overview of the
transportation plans and requirements, relevant County roads, average daily traffic counts and
proposed traffic narrative to include number of vehicle round trips and traffic routes. She stated
an Access Permit has been approved, AP#15-0048, and reviewed the requirements for tracking
control, an Improvements and Road Maintenance Agreement, and drainage requirements.
Ms. Petrik stated the site is not in an overlay district, nor MS4 area, and she reviewed the typical
Public Works Development Standards. In response to Commissioner Cozad, Ms. Petrik verified
that County Road (CR) 73 is gravel as well as the other roads leading to the site. In response to
Commissioner Conway, Ms. Petrik repeated the average daily traffic counts.
le Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating bottled water and portable toilets may be used. She verified that normally the
limit on portable toilet use is six months or less of the year; however, the Planning Commission
voted to allow this facility to use portable toilets for eleven (11) months of the year. She stated
Development Standards (DS) 7-16 are items typical to Environmental Health.
IR Ana Ornelas, represented the applicant, and began by reviewing the family's 11 -year history
in the horse racing business to include several years at a horse racing facility in Adams County.
She explained they are seeking a more permanent facility and the intent is to provide a safe
environment. She reviewed some of the concerns listed by the surrounding property owners and
stated she held a neighborhood meeting and has listened and is providing mitigation. She
reviewed her interaction with Tina Booten, Weed Division, regarding noxious weeds, dust control,
quality of grass on the site and listed her intent to keep the grass cut, use magnesium chloride for
dust control, and stated she spoke to Tom Beach, Fire Chief, who told her to hold off on any kind
of emergency services contract until this is approved. Ms. Ornelas explained there may be 1,500
people at special events, not 1,500 cars; furthermore, she stated the races only take place on
Saturdays and Sundays and it is usually one or the other, not both days, and the rest of the week
there is nothing at the site. Ms. Ornelas stated the traffic is staggered as the races take place and
it is closely controlled by security guards. She mentioned the intent to donate to the Weld County
RE -3J School District Education Foundation to provide extended bussing services. She
emphasized this is not just a business that benefits the applicant personally, but also benefits the
County. Ms. Ornelas stated her experience with coordinating and promoting events and
understands what is expected. She further stated she wants to do whatever it takes to meet the
regulations.
Commissioner Conway asked for clarification regarding current traffic counts and proposed
traffic to be generated on the weekends. Ms. Ornelas stated on a regular basis they expect less
than 300 people and 60-100 cars.
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▪ Bob Korthuis, surrounding property owner (SPO), stated his appreciation to the Board and
described his neighbors as big farmers who appreciate the ability to farm. He clarified the roads
are needed for bigger farm equipment and essential work. He reviewed the various agricultural
activities in the immediate area to include harvest, dairies, feed lots, and irrigated crops and he
re-emphasized the need for the use of these roads. Mr. Korthuis conveyed the character and
relationships between neighbors and the overall high priorities regarding community
organizations. He listed concerns with the race track having its own governing body, problems
with wagering, and the possibility of alcohol being brought in without consent. He stated these
34 acres could be better used for crops and suggested the applicant search for a more conducive
site. Mr. Korthuis listed further concerns to include road erosion, sanitation and water supply,
increased traffic, immoral issues, and farm equipment unable to use the roads. In response to
Commissioner Conway, he stated dust negatively impacts the yield on wheat fields and other
crops. In response to Commissioner Cozad, Mr. Korthuis stated he did not meet with the applicant.
▪ Paul Klausner, SPO, reviewed the Weld County Right to Farm Statement. He stated
concerns regarding noxious weeds, trash, fire hazard, and increased traffic. He clarified the
proposed mitigation to have no races in July is not sufficient as they have harvesting and planting
operations many other months of the year. Mr. Klausner stated the increased traffic is a serious
safety issue because the roads are not able to accommodate this mix of traffic. He stated the risk
of fire is a big concern as well with the site being surrounded by dryland farming and certain times
of the year the wheat is very dry and susceptible to fire and this puts a burden on the local fire
district. He further mentioned wind erosion, health hazards to spectators with the spraying of
pesticides, and the financial and labor burdens this type of facility places on surrounding farmers
concerned with these hazards. In response to Commissioner Conway, Mr. Klausner stated dust
is detrimental to wheat production. In response to Commissioner Kirkmeyer, he states he did go
to the meeting in June which was his only contact with the applicant. Mr. Klausner stated that the
grass on the site will not last with the high volume of traffic and it takes five (5) years to re-establish
resulting in this parcel being a bare field. In response to Commissioner Cozad, he stated the site
consists of native grasses, probably noxious weeds, and oil wells; and, the property is not being
farmed right now. Further in response to Commissioner Cozad, he stated dust causes pneumonia
for livestock and there is no buffer zone on this site.
IE Scott Simmons, SPO, stated the area is sparsely populated and the neighbors enjoy the
quiet. He stated it does get busy during harvest. He listed his concerns for his cattle getting
pneumonia from the dust, the asthmatics living in his household, his teenage drivers in relation to
increased traffic, and concerns with the trend to reduce agricultural land.
PE I Debbie Trupp, SPO, stated this will have a huge impact on her family and her livestock
because they are the closest neighbor and they raise hogs and already have annual issues with
dust pneumonia due to harvest. She further stated she has never gotten an answer regarding the
issues operating the race track in Adams County and never been given a clear answer as to why
they are abandoning that race track. Lastly, she stated they were never contacted.
• Chair Freeman recessed the hearing stating the Board will reconvene at 1:00 p.m.
• Chair Freeman reconvened the hearing at 1:05 p.m.
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• Charles Klausner, SPO, stated his frustrations with the Planning Commission hearing and
listed his concerns to include increased traffic, trash, soil erosion, noxious weeds, reduction in
property value, trespassing, fire hazard, drinking, drugs, and gambling. He reiterated the safety
concerns with big farm equipment and loaded trucks on the roads because of the narrowness and
sandiness of the roads, increased traffic, concerns with number of people, number of events per
year, and fire. Mr. Klausner asked if the applicant would carry enough fire insurance to cover the
surrounding properties as a fire can spread very quickly. Lastly, he stated the size of the property
is too small for this use.
• Kenneth Engel, SPO, stated his extensive family history in the area and listed his concerns
regarding lack of water, horse safety, blowing wind and sand, and bare ground problems. He
mentioned the applicant has been racing horses illegally at the Adams County facility and has
been denied permits several times. He asked the Board to conserve agricultural land and
reminded the Board of a similar denial in 2005.
• Tom Beach, Fire Chief of Southeast Weld Fire District, stated his frustrations regarding this
application and the applicant's lack of understanding regarding the Fire District. He listed his
concerns with the emergency access, turning radii, incomplete map, and lack of space for the
number of people and number of vehicles proposed. Chief Beach stated these types of facilities
put a strain on an already strained Fire District. He reviewed the necessity for the Fire District to
be aware of these special events that would surpass the 350 person limit, and he requested
clarification regarding maximum number of people anticipated at these special events. Chief
Beach stated the map displayed by Mr. Ogle was inaccurate because not all the homes were
depicted, including his, and the fire station was not on there either. Lastly, he mentioned a
memorandum from Ms. Light referencing the policy regarding the portable toilets being acceptable
for six (6) months and that Planning Commission relented to allow portable toilets for eleven (11)
months.
• David Rupple, SPO, stated the farmers in the room represent good stewards of the land and
no one is there to intrude on anyone else's rights and he does not want anyone intruding on their
rights. He stated the facts do not add up and there is not enough room for the number of cars,
people, horses, or trailers. He is concerned with security with this many people and it being 35
minutes from the nearest Fire Station.
El Kim Butler, Loveland resident, stated he became involved because he is the Realtor and if
he lived out there he would want the status quo to continue. He extended his appreciation to the
surrounding property owners but clarified the land is idle at the moment. Mr. Butler stated
Ms. Ornelas is an amazing young woman and has a wonderful work ethic, whether you agree
with her business or not. He stated Ms. Ornelas is not creating the dust problem, it is already
there and whether the neighbors like it or not, there will be a buyer at some point.
George Klausner, SPO, stated this is not about being a certain ethnicity but about safety on
the roads that do not have the capacity for this increased traffic. He also listed concerns with
alcohol and potential accidents on the roads.
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• Vianna Linnebur, SPO, stated her concerns regarding the safety on the roads, parking on
the roads, and lack of ability to get past the big farm equipment.
• Paul Swank, SPO, stated this outfit will be comparable to the Animal Sanctuary in
Keenesburg, meaning it will start small and as popularity increases it will expand and the future
is unknown. He mentioned the safety hazard with spraying chemicals for pesticides, and the other
months of the year when there are farm operations in process making it difficult with only the
month of July being closed for mitigation efforts. He clarified farming is a year—round business.
• Chair Freeman closed public input and offered the applicant the opportunity to address the
concerns presented by the public.
IR Ms. Ornelas re -stated her willingness to resolve the issues and began by addressing traffic.
She emphasized that the only road to be used is CR 73 and she reiterated her commitment to
spray magnesium chloride and to maintain the entire portion of CR 73 and a 1/4 mile of CR 8.
Ms. Ornelas stated that Ms. Booten of Weld County gave specific instruction regarding how to
spot treat or dig out any noxious weeds as the property has been vacant for several years. She
reviewed the plan to put in recycled asphalt or spray magnesium chloride over the parking area
and the only bare land would be the horse track itself. Ms. Ornelas clarified she lives only ten (10)
miles from the property, she had never raced horses illegally, never had a fire in the eleven years
at the other location and asked for the public to remember there are conditions and standards to
follow or they would be shut down. She reiterated that with good staff and good security, five (5)
acres is sufficient and every car and person is searched before they can enter the premises. She
clarified she was instructed to notify only those neighbors within 500 feet of the site, as that is the
requirement. Ms. Ornelas stated she is an asthmatic herself and lives in the country and has been
involved with horse racing for many years. She clarified the racing is primarily one weekend day
each week with some weekends left unscheduled. Regarding the facts not being available, she
stated the facts are in the application and her desire is to get a permit with the Commissioner's
conditions and she is willing to accommodate any necessary changes or mitigation. She asked
the Board to consider this facility is for those families that enjoy horse racing but do not have the
high quality racers for the professional levels. Ms. Ornelas addressed the treatment of the horses
on -site and reiterated that a veterinarian will be on -site from start to finish and blood testing is
required. Lastly, she stated it has taken a year and two months to stand before the Board today
and she requested the Board's approval.
• In response to Commissioner Conway, Ms. Ornelas stated she only had been granted
temporary use at the Adams County facility and in further response, she reiterated five (5) acres
is enough and she referred to the parking ratio. Ms. Petrik stated the ratio is 100-115 passenger
cars per acre but that ratio does not include horse trailers. Ms. Ornelas pointed out the parking
area on the map and stated it is big enough.
• In response to Commissioner Cozad, Ms. Ornelas stated she currently has no intent to live
on -site and her home is located in Adams County.
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• In response to Chair Freeman, Ms. Ornelas stated she had reviewed the Conditions of
Approval and Development Standards and had no concerns or recommended changes.
• Commissioner Conway stated he appreciates the applicant and the public for their
participation; however, there is a long list of items to mitigate and he will not be in support of the
application.
e Commissioner Cozad expressed her appreciation for the public input and the applicant for
doing a good job on the application but clarified there are some criteria that have not been met.
She listed her concerns with compatibility related to the surrounding land uses. Commissioner
Cozad stated her concerns regarding the impact to the County roads in the area as this is a very
intensive use that is not compatible. She conveyed the importance of meeting with more of the
neighbors. Commissioner Cozad emphasized that because the applicant is not building anything,
there will be no impact fees collected which would contribute to road repairs. She stated the
design does not ensure the protection of the health, safety and welfare of the inhabitants of the
neighborhood. From the health perspective, Commissioner Cozad listed her concerns with dust
and lack of bathrooms; and in reference to safety, she cited concerns with fire hazard, increased
traffic, parking, and security. Lastly, she addressed the Right to Farm for the existing farmers in
the area and this Use would negatively impact this right.
• Commissioner Kirkmeyer began with her appreciation for the comments of her fellow
Commissioners and also the comments of the applicant and the applicant's Realtor who spoke
on her behalf. However, she stated she does not see a way to get to "yes," and expressed her
disagreement with some of the comments related to the neighbors being uneducated regarding
match racing, and the comments made regarding the status quo of the neighborhood. She
countered with the Board's responsibility to uphold the criteria of the Weld County Code stating
this is not the right place for this Use because it is not compatible. She clarified the burden of
proof is on the applicant, several criteria have not been met, and she will not be in support of the
application.
le Commissioner Kirkmeyer moved to deny the request of Gerardo Cervantes and Nancy
Garcia, do Leonel Ornelas, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0060, for Recreational Facilities and Uses including race tracks and race courses
(match horse racing) in the A (Agricultural) Zone District, The motion was seconded by
Commissioner Conway.
• Commissioner Kirkmeyer reviewed her findings for the denial listing the criteria that have
not been met based on the following Weld County Code Sections: Section 23-2-230.6.1,
Chapter 22, A.Goal#10, A.Goal#1, A.Goal#2, A.Goal#9, and Sections 23-2-230.6.2,
Section 23-2-230.B.3, Section 23-2-230.B.4, and Section 23-2-230.B.7. She emphasized this
neighborhood is an existing agricultural family community and the proposed Use is not compatible
based on the aforementioned reasons.
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Commissioner Conway thanked the residents for attending and thanked the applicant,
encouraging them to listen to the comments and suggestions and find a more suitable site that
will not negatively impact existing private property rights. Commissioner Cozad stated she agrees
with the findings. Chair Freeman also thanked the applicant and stated it is just not compatible
with the area and he also extended his appreciation to the public. Commissioner Kirkmeyer
concurred. The motion carried unanimously. There being no further discussion, the hearing was
completed at 2:20 p.m.
This Certification was approved on the 11th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
dia.„
Weld County Clerk to the Board
BY
Dep
APP
Mike Freeman, Chair
Sean P. Conw. y, Pro-Tem
Cozad
r'a Kirkmeyer.
ounifyAttorney �1' `''' 'CUSED
Date of signature:
//a6/1Gv
Steve Moreno
2016-0028
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