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HomeMy WebLinkAbout20153829.tiff HEARING CERTIFICATION DOCKET NO. 2015-113 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0051, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS,TO INCLUDE AN OUTDOOR ARENA IN THE A(AGRICULTURAL)ZONE DISTRICT-GABRIEL AND VELIA ROBLES A public hearing was conducted on December 16, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tern - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: Clerk to the Board, Esther Gesick Transcribing Deputy 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 October 29, 2015, and duly published November 3, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Gabriel and Velia Robles, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0051, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including commercial rodeo arenas and commercial roping arenas, to include an outdoor arena in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal to include the location of the site in relation to relevant County roads. He reviewed the historic use of the parcel and stated it is not in any overlay districts; however, it is located within the three (3) mile referral areas of the Towns of Hudson and Lochbuie, and Adams County. Mr. Ogle reviewed the referral responses from these municipalities, as well as the response from the Adams County Soil Conservation District. Mr. Ogle described the surrounding land uses, and stated staff received one letter of opposition from a surrounding property owner. He stated the applicant's intent to offer a club version of traditional rodeo and roping to train youth in discipline and building character and responsibility. He explained the club will meet three weekends a month for horsemanship practice and enjoyment and that all rodeo and club events occur only during the months of May thru October. He stated 15 referrals were sent out with five responses received, including comments that were considered in the Conditions of Approval and Development Standards. 2015-3829 CC: &..RL, JAL '/z4 PL2384 HEARING CERTIFICATION -GABRIEL AND VELIA ROBLES (USR15-0051) PAGE 2 Mr. Ogle entered the unanimous favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding properties. In response to Commissioner Cozad, Mr. Ogle clarified Adams County Soil Conservation District recommended denial. E Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation plans and requirements. She stated access is from County Road (CR) 41, AP#15-00439. She addressed the concerns submitted by surrounding property owners regarding the condition of the road, which she clarified is owned by Weld County and maintained by the Town of Hudson based on a Memorandum of Understanding, including funding provisions, between the jurisdictions. Ms. Petrik reviewed the average daily traffic counts, traffic narrative, anticipated traffic, events, hours, and attendance counts. She reviewed the Conditions of Approval (COA) that address the comments from the Town of Hudson, which include details regarding the Improvements Agreement, tracking control, commercial access, and stormwater. She confirmed the site is not in a floodplain and provided an overview of the typical Development Standards (DS) related to Public Works. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating that portable toilets are acceptable since this is a facility that will operate less than six (6) months per year. She indicated the inclusion of Development Standards 5-12 related to waste disposal, dust, and items relevant to Environmental Health. El Gabriel Robles, applicant, and George Herrera, Colorado Consultant Specialists, represented the applicant and assisted with translation when applicable. Mr. Robles expressed a concern with the restriction of alcohol based on the number of people who may attend and requested clarification on any numerical limitations he may not be aware of. Chair Kirkmeyer suggested a brief pause to invite public comments before addressing the logistics of his application and his questions. e No public testimony was offered concerning this matter. I1 Chair Kirkmeyer addressed his question regarding the limitation to 350 people based on the application. Commissioner Cozad expressed concern regarding an increase of the capacity due to the notice that was sent to the neighbors. After further discussion, Mr. Barker clarified that 350 is the capacity limitation for the Temporary Assembly Permit and if ever there will be more than 350 people attending an event, Mr. Robles will need to apply for a Special Events Permit and realize that adjustments may be necessary regarding services to the public for a larger number of people at his site. Chair Kirkmeyer concurred and gave the example of more portable toilets as possible extra services required. le Mr. Robles questioned Section 22-2-20.1 of the draft resolution referencing comments regarding alcohol and firearms; however, Chair Kirkmeyer stated there is nothing in the Conditions of Approval (COA) or the Development Standards (DS). (Clerk's Note: The references to alcohol and firearms were removed since they were not COA or DS.) In response to Commissioner Moreno, Mr. Robles confirmed the security will be contracted. Responding to Commissioner Conway, Mr. Ogle explained FRICO does not want to have leaching from the property into the ditch. Ms. Petrik stated the Improvements Agreement should address the Town of Hudson in 2015-3829 PL2384 HEARING CERTIFICATION -GABRIEL AND VELIA ROBLES (USR15-0051) PAGE 3 COA #1.B. Chair Kirkmeyer stated the Town of Hudson concerns are also addressed in the Development Standards; therefore, she suggested deleting COA#1.B. The Board agreed. After further discussion, the Board agreed to delete COA #1.C because it is also addressed in the Development Standards. Responding to Commissioner Cozad, Ms. Petrik stated the applicant has maintained there will be no change in imperviousness resulting in exemption from drainage requirements and there is an existing pond and berms which will serve to further protect from off-site drainage. Commissioner Cozad suggested revisions to COA #1.F.7 regarding volume; however, Ms. Petrik confirmed it can be deleted due to the exemption. The Board concurred. Chair Kirkmeyer requested the inclusion of Emergency Action Plan language. In response to Commissioner Conway, Mr. Robles stated he has been unsuccessful in meeting with Ms. Wollert, neighbor, but he is working to inform her and other surrounding property owners to ensure better directions on the event invitations to avoid people at her property. Commissioner Conway encouraged being a good neighbor and soliciting neighbor input following events for improvement in neighbor relations. In response to Commissioner Moreno, the other Commissioners indicated a desire to retain language regarding lighting and hours. El In response to Chair Kirkmeyer, Mr. Ogle read the proposed language to be added as a new COA#1.C and DS #13 for an Emergency Action Plan. lEi In response to Chair Kirkmeyer, Mr. Robles stated he agrees with the amendments to the Resolution. El Mr. Barker interjected the language regarding the limitation on capacity and the requirement to get an Assembly Permit if that number is surpassed for any event. The language was added to DS #22. The Board concurred. e In response to Chair Kirkmeyer, Mr. Robles indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. e Commissioner Moreno moved to approve the request of Gabriel and Velia Robles for a Site Specific Development Plan and Use by Special Review Permit, USR15-0051, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including commercial rodeo arenas and commercial roping arenas, to include an outdoor arena 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 Cozad, and it carried unanimously. There being no further discussion, the hearing was completed at 12:16 p.m. 2015-3829 PL2384 HEARING CERTIFICATION -GABRIEL AND VELIA ROBLES (USR15-0051) PAGE 4 This Certification was approved on the 21st day of December, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: dathiv jej,,, ve arbara Kirkmeyer, Chair Weld County Clerk to the Board EXCUSED wnnCu ' I Mike Freeman, Pro-Tern BY: Q sdA., De ny Clerk to the Board` �L fT. � Sean . Conway /,„ Julie A. ozad ' Steve Moreno 2015-3829 PL2384 1 tv n5 rj (11 7\7.) u\ . ,. 4 " ''s tii I,V ,\,), c, \_) v g uki AC tr,. " 41' chi a -• �} 1 . 4\_____& l' f x to L 0 sRvN. Z a � C C� Paz N. 3 aN r •<;:,cn ct , oa f o . :mss H r V E . u , , d V N. ' ' C U- Q ' --c m -t ILI S� Z -4- �� of �' �/ to 1LJ ' -• v , ��\Z \\ , I� �� „7----A. I IAA W o d f S .J �/ -7( —Q z �r `J Hello