MINUTES OF THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS TUESDAY, July 1, 2014 At a public meeting of the Board of County Commissioners for Arapahoe County, State of Colorado, held at the American Legion Hall, 278 W. Front St., Byers, CO, there were: Nancy A. Doty, Chair Commissioner District 1 Present Bill Holen, Chair Pro-Tem Commissioner District 5 Present Nancy Jackson Commissioner District 4 Present Rod Bockenfeld Commissioner District 3 Present Nancy Sharpe Commissioner District 2 Present Ron Carl County Attorney Present Matt Crane Clerk to the Board Absent and Excused Joleen Sanchez Asst. Clerk to the Board Present when the following proceedings, among others, were had and done, to-wit: CALL TO ORDER INTRODUCTIONS ROLL CALL PLEDGE OF ALLEGIANCE MODIFICATION(S) TO THE AGENDA Consent Item 10 was pulled for separate consideration. ADOPTION OF THE AGENDA The motion was made by Commissioner Holen and duly seconded by Commissioner Jackson to adopt the Agenda as amended. The motion passed 5-0. CONSENT AGENDA ITEM 10 Resolution No. 140442 Intergovernmental Agreement to House Aurora Inmates in Arapahoe County BOCC Public Meeting July 1, 2014 Page 1 of 8
Commissioner Bockenfeld requested that the last paragraph of the Board Summary Report be stricken from the record. The motion was made by Commissioner Bockenfeld and duly seconded by Commissioner Holen to approve Consent Agenda Item 10 as amended. The motion passed 5-0. CONSENT AGENDA The motion was made by Commissioner Bockenfeld and duly seconded by Commissioner Sharpe to approve the items on the Consent Agenda excluding Item 10. The motion passed 5-0. GENERAL BUSINESS ITEMS Item 1 Resolution No. 140443 - Use by Special Review Amendment (May Farms) and Temporary Use Permit (Riot Fest) Commissioner Doty explained the procedures for approval or denial of the Use by Special Review and Temporary Use Permit. She explained the purpose of asking for public comment. She said no decision would be made at this meeting for either application; the purpose of tonight s meeting is to give the applicant the opportunity to present their proposals and for the public to provide comment. She said the information gathered tonight would be considered and evaluated as part of the process for making a decision on each application. Commissioner Doty then explained the proceedings for tonight s hearing and how the meeting would be conducted. She noted that the Board of County Commissioners (BoCC) would not answer questions from the public during this meeting. Commissioner Doty said the BoCC understands that Riot Fest has begun advertising and selling tickets, however, the promoters and property owner have been advised by the County attorney that they are doing so at their own risk since a decision on either application has not been made. Commissioner Bockenfeld asked if the Commissioners would be allowed to ask clarifying questions. Commissioner Doty said that would be permitted. County Attorney Ron Carl established jurisdiction for the Use by Special Review (USR) case and said there is no requirement for public notice regarding the Temporary Use Permit (TUP) application. Jan Yeckes, Planning Division Manager, presented the staff report. She stated that there are two applications and this is a preliminary hearing on the USR application for May Farms to expand and amend the currently approved USR (approved in 2005) for agri-tainment uses at May Farms in Byers. She said the request would double the size of the property to include property north of I-70 with additional changes. She stated that the TUP application is for a music festival known BOCC Public Meeting July 1, 2014 Page 2 of 8
as Riot Fest, which is a one-time permit. She explained that these are two separate applications with two separate processes. Ms. Yeckes explained the process for the USR application. Ms. Yeckes then explained the TUP permit application, which is a request for a 3-day music festival permit. She explained the referral process but stated that these applications typically do not have a public hearing. She said this is an administrative process and the decision is made by the Planning Division manager or the zoning administrator. She explained that the USR application for May Farms was submitted by Gary and Stacie May, owners of May Farms. The TUP application was submitted by Riot Fest Corporation and Soda Jerk Presents. She said the applicants would present the details of each case. A PowerPoint presentation was played, a copy of which has been retained for the file. She clarified that the USR is a long-term document, which adds approximately 195 acres to the north of the currently approved USR, clarifies current land uses; and established thresholds for future events under the USR without additional approvals. She said events that exceed those thresholds would require additional approvals. A map of the property was displayed. Ms. Yeckes explained the requests included in the TUP application, which is for a one-time event in 2014. Gary May, URS applicant, provided the history of May Farms. He explained the need to change the business plan in 2008. He then discussed the need for the USR expansion. He thanked the Board for the opportunity. Melissa Kendrick, planner for the applicant, presented the case for the USR request and said after all the information is gathered; there will be revisions to the USR. The access points were detailed. She listed the criteria that would trigger a temporary use permit: an excess of 7,500 people and/or 3,000 vehicles and if amplified music outside the event center is played outside the hours of 7:00 am to midnight. Commissioner Bockenfeld clarified that, currently, there could be amplified music outside the event center 7 days a week between 7:00 am and midnight. Ms. Kendrick said yet, in theory, but that is not anticipated. She stated that if the music exceeds midnight, that would trigger a TUP. Commissioner Bockenfeld asked why 3,000 vehicles is the trigger for a TUP. Ms. Kendrick explained that a traffic study was completed. Mr. May explained that 3,000 cars is realistic and the site has held that amount of cars and 7,000 people without a TUP. He said the Sheriff has always been aware of activities. BOCC Public Meeting July 1, 2014 Page 3 of 8
Commissioner Jackson asked about the passageway under Interstate 70. Mr. May said the tunnel is 24 feet wide by 8 feet tall and May Farms carries the liability. He said the tunnel is not intended and will not be used for public transportation; it will be used as a pedestrian walk and will be lighted. Commissioner Doty asked if 3,000 cars could be parked on the south side of the interstate. Mr. May said yes. Commissioner Doty asked if the permit would allow one 7-day event. Mr. May said that is the proposal. Ms. Kendrick clarified that each event could be one to seven days and there could be more than one 7-day event, but there cannot be more than a total of 30 days. Commissioner Sharpe said, regarding amplified music, a TUP would not be required unless the music goes past midnight. She asked if that would be true for every day of the week, Ms. Kendrick said yes. She said that could include activities that do not produce substantial noise, such as weddings. Commissioner Sharpe asked if decibel levels have been considered. Ms. Kendrick said there is no proposal for the TUP. Commissioner Bockenfeld asked if there would be facilities for RVs. Mr. May assured the Board that portable dump stations could be required, but there would be no permanent lines. Max Wagner, Riot Fest organizer, said a private contractor would be hired. There was discussion regarding the area of land that is in a flood plain and what affect that would have on camping. Chuck Haskins, County Engineer, said the County most likely would not place restrictions on RVs on a temporary basis, but he would double check the code. There was discussion regarding camping and the GESC permit; staff has urged the applicant to submit those reports. Mr. Wagner then discussed the TUP application. Commissioner Holen asked Mr. Wagner about 10 incidents that were reported by the Sheriff s office. BOCC Public Meeting July 1, 2014 Page 4 of 8
Mr. Wagner said that is normal given the number of people involved. Commissioner Bockenfeld asked about the riot in Chicago at the Chicago Riot Fest. Mr. Wagner explained that police and ambulances were called because of an influx of people seeking assistance with mostly asthma related issues. He further stated that, in Chicago, a certain number of 911 calls made within a certain amount of time triggers an automatic reaction on the part of public services. He said there are three Riot Fests: Chicago (52,000 attendees per day), Toronto (12,000 per day), and Byers (15,000 per day). Mr. Wagner described the areas where all 3 Riot Fests are held. Mr. Wagner then explained why the music exceeded midnight on the last day of the event I Byers last year. Due to a storm, the show was delayed for an hour and a half. Commissioner Bockenfeld asked about the emergency response plan and asked how a mass casualty even would be handled. Mr. Wagner explained that issues would be recognized long before they arise. He said the plan is thought out with public safety officials. He further stated that major catastrophes such as an earthquake, the nation guard and state police would take over. The list of frequently asked questions was reviewed; Mr. Wagner answered each question. Commissioner Doty asked what would happen if there were a storm delay again this year. Mr. Wagner said the applicants take direction from the Sheriff and other public officials. Commissioner Doty asked Ms. Yeckes who would make that decision. Ms. Yeckes said the direction would come from the people on site and primarily the Sheriff s Office. She said if the TUP is approved, it might be helpful to have communication before the event so it would be clear. The public comment period was opened. Public comment was opened. Peg Sale: opposed Yvonne Gerhardt: opposed Keith Gerhardt: opposed Vicki Allen: opposed BOCC Public Meeting July 1, 2014 Page 5 of 8
Janice Lutrull: opposed Mary Kay Jones: Opposed Kevin Wendt: opposed Mo Foster: support Arnold Hollingsworth: opposed Isabell Palmer: support Za Johnson: opposed Brie McPherren: opposed Carrie Olson: supports Scott Davis: opposed Stacie May: supports Charles Avery: opposed Joe Kelsevic: supports Troy Palmer: supports Grider Lee: supports David Moos: opposed Delsa Travis: opposed Mick Fields: opposed Rita Davis: opposed Thomas Voth: opposed John Miauy: opposed Ron Williams: supports Christine Reed: supports Donna Contento: opposed BOCC Public Meeting July 1, 2014 Page 6 of 8
Blanche Lane: opposed Mike Celmar: opposed Shaun Lottman: opposed Martin Pier: supports Ron Angotti: supports Codee Gerderman: supports Russ Hinkle: oppose Louis Otto: opposed Randy Dalton: opposed Joe Southern: supports Jim Raeder: supports Heidi Tufto: supports Anna Knox: supports Greg Pearson: opposed Melissa Brandhorst: supports Wendy Stevenson: supports Danielle Kaufman: supports Vicki Clifton: supports Brandi Shelly supports The public comment period was closed. The motion was made by Commissioner Jackson and duly seconded by Commissioner Bockenfeld to continue the hearing in the case of U14-002, May Farms Agri-tainment USR amendment to a date to be determined, subject to the condition that all public notice requirements will be met for the subsequent hearing. The motion passed 5-0. BOCC Public Meeting July 1, 2014 Page 7 of 8
There being no other business before the Board the public meeting was adjourned at 10:25 p.m. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS MATT CRANE, CLERK TO THE BOARD BY JOLEEN SANCHEZ, ASSISTANT CLERK TO THE BOARD BOCC Public Meeting July 1, 2014 Page 8 of 8