Commissioners nix Bingham Hill events center

By Ani S. Delmont
North Forty News

A Bingham Hill Road resident will not be able to build an events center and hold youth basketball camps on his property, Larimer County Commissioners decided at a Feb. 1 hearing.

Commissioner Lew Gaiter cast the dissenting vote in his first session since being appointed to the county commission. Praising petitioner Randy Pope for his "above-board and highly accountable" proposal, Gaiter admitted he had "gone back and forth several times" after hearing neighbors' concerns that the events center would destroy the peace and safety of their historic road.

Pope has "bent over backwards" to comply with county land-use codes and accommodate his neighbors, something few business owners in the area have done, Gaiter concluded. "There have been some very real concerns here, but I find myself wanting to support this applicant."

His approval came on the condition that noise control would be enforced. "I think sound is going to be a bigger issue than you're giving it credit for," he told Pope.

Under Pope's plan, a parking lot and gymnasium/community hall would be built on his 12-acre parcel at 3924 Bingham Hill Road to host corporate and wedding parties year-round and a six-week summer camp for girls.

Commissioner Tom Donnelly voted against the project, saying the 83-vehicle parking lot would "do real damage" to a neighbor's property value.

"I'm not opposed to this type of use," Donnelly said. "In fact philosophically, I'm supportive of ag producers to find ways to supplement their income and stay on the property without subdividing it or selling it." But, he said, his ongoing concerns about the project's impact were "still standing."

Chairman Steve Johnson broke the tie. He applauded the proposal for containing "a lot of what we need in the community" such as jobs and sports camps for youth. "But I don't think those should come at the expense of our neighborhoods."

He cited the 6-2 recommendation for denial from the county planning commission and opposition from Bingham Hill residents. Unlike other businesses in the area, the events center isn't suitable to a rural residential neighborhood, he said.

"And for real reasons as well," he said. "Not just because someone doesn't like something or doesn't want to live next to something." In fact I hear from a lot of these folks who don't have a problem with the basketball camp. I don't think they're totally opposed to change. I just don't think you can add 130 events to a neighborhood with the majority of those events having over 100 people. That's too intensive a use."

The four-hour hearing, too, was intense at times. Johnson twice chastised people for speaking out of turn.

During Pope's hour-long presentation, he described the county approval process as "tedious and at times painful. Like getting a root canal without anesthetic." He said he found his neighbors' criticisms "disturbing."

"All of a sudden to be characterized as this, that and the other. If it's not personal, I'm not sure how you take that sort of thing," he said.

He said he tried to take neighbors' concerns into account in developing a plan to profit from his scenic property, but that "they're not willing to accept any change."

His 22-year-old daughter Ashley lamented what her father suffered once he decided to abandon his job as a financial planning advisor following the economy's collapse at the end of 2008.

She said the project's opponents went to great lengths to discredit her parents. A neighbor unknown to the Popes posed as a stranger to inquire about wedding arrangements "only to take the information and use it against them," she said. "My parents are reasonable people and not out to hurt anyone. If she had just taken the time to go and talk with them, they would have openly and honestly discussed her concerns."

Many neighbors were adamant that the project would undermine their property values by clogging the quiet road with traffic, noise and lights from guests and delivery trucks from the 130 events a year outlined in Pope's scaled-down plan.

"I believe that property rights go both ways," neighbor and 45-year resident Dick Spees told the panel, "and I'm not interested in abdicating mine."

He said he and his neighbors had invested hundreds of thousands of dollars to live in a "very special" rural residential environment. "If your neighbor threw a party every 4.5 days with more than 100 people in attendance, you might not think the impact in terms of traffic would be insignificant. Nor noise."

Several residents said they regretted having to oppose a friend and neighbor.

Joe Sullivan emphasized that his family's objection to Pope's project "is in no way personal" and said he hoped in the future they might resume "an amicable friendship."

However, given the risks of increased traffic, his family would need to move, he said. "The danger it would pose to drivers, bicyclists, pets and our children should be considered unacceptable," Sullivan said.

All three commissioners made conciliatory gestures on behalf of the conflicting sides. In his concluding comments, Gaiter urged them to "go back to being neighbors" regardless of the hearing's outcome.

"Life is too short to get in feudal wars with people that live two football fields from you," he said. "I know that's naive on my part, a little bit Pollyanna-ish. But I implore you guys at some point in time to put this behind you."