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Home My WebLink About20121306.tiff • i86 MEMORANDUM TO: Chris Gathman, Planning Services DATE: March 13, 2012 c b u I T ic FROM: Heidi Hansen, P.E., CFM SUBJECT: USR-1752, Abel Vega The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: CR 55 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60- foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. CR 74 is an arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60- foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90),the required setback is measured from the future right-of-way line. Please submit an Access Permit Application Form showing the accesses to the property and designate which access will be used for the rodeo. Please show the accesses on the Plat map and label them with • the approved access permit number(will be provided when application form is received and reviewed). Show the following items on the plat: relocate the arena circle south out of the future right-of-way; show parking spaces (300 vehicles), circulation lanes; identify areas for pick up and car parking, trailer parking within the proposed parking area; identify overflow parking if needed in adjacent areas. The applicant has shown that stormwater will be contained onsite. Stormwater flows from the parking areas cannot leave the site via the trench drain. Prior to recording the plat the applicant must submit a Traffic Control Plan (TCP) prepared by a certified Traffic Control Supervisor (TCS) and an Incident Command Plan for the Office of Emergency Management. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency(FEMA). REQUIREMENTS: 1. Submit an Access Permit Application Form showing the accesses to the property and which one(s)will be used for the rodeo. Please show the accesses on the Plat map and label them with the approved access permit number (will be provided when application form is received and reviewed). 2. Submit a Traffic Control Plan (TCP) prepared by a certified Traffic Control Supervisor (TCS) for review. 3. Submit an Incident Command Plan for the Office of Emergency Management. • Page 1 of 2 C:\Documents and Settings\kranslem\Local Settings\Temporary Internet Files\Content.0utlook\SYBLARTB\USR-1752.docx 2012-1306 4. Show the following items on the plat: • a. Relocate the arena circle south out of the future right-of-way; b. Show parking spaces (300 vehicles), circulation lanes; c. Identify areas for pick up and car parking, trailer parking within the proposed parking area; d. Identify overflow parking if needed in adjacent areas. 5. Place the following notes on the Plat: a. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. b. The historic flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. c. There shall be no parking or staging of vehicles on or adjacent county roads. • • Page 2 of 2 C:\Documents and Settings\kranslem\Local Settings\Temporary Internet Files\Content.Outlook\SYBLARTB\U SR-1752.docx • v �86j� MEMORANDUM TO: CHRIS GATHMAN, PLANNING SERVICES COUNTY ' FROM: MARY EVETT, ENVIRONMENTAL HEALTH SUBJECT: USR-1752 VEGA DATE: AUGUST 17, 2010/UPDATED MARCH 21, 2012 Environmental Health Services has reviewed this proposal for a commercial rodeo and two single-family dwellings on the property. According to the application, and the pre- application meeting of September 25, 2008, the rodeo facility will operate spring through fall, and will be limited to the weekends. The hours of operation will be from 11 am to dark. During the pre-application meeting, the applicant stated that he would like to apply for a year round operation to be covered under this USR. There will be an estimated 200-300 patrons and up to 10 volunteers at the site. The patrons and volunteers for the rodeo facility must have access to potable water, restroom and hand washing facilities. The applicant currently provides 3 portable toilets for the public and volunteers. The following section is from Environmental Health • Services, Weld County Department of Public Health & Environment, Septic Policies. Policy 2.2.K Use of Portable Toilets Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system. Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands, Christmas tree stands, seasonal recreational facilities, etc. As noted above, it is the policy of this department that portable toilets are allowed when a use is temporary or seasonal for a time period of six months or less. As the time period exceeds 6 months in duration the use of portable toilets cannot be allowed as the facility is not a seasonal use. This Department will require the installation of permanent restroom and hand wash facilities. The installation of the restrooms will require a septic permit through this Department. As this is a commercial facility the septic system must be designed by an engineer and approved by the Board of Health. A permanent water supply is also • required. • There is an existing 3 bedroom modular home that is served by an individual sewage disposal system (Permit No. SP-97000048). Also, there is an individual sewage disposal system proposed for a new 4 bedroom home on the property (Permit No. SP- 0900010). Septic Permit SP-0900010 must receive a final inspection from Environmental Health Services. According to the application, water is provided by North Weld County Water District (Construction Meter #23). Per the District's January 27, 2012 referral, construction water is no longer available to the site, and the applicant must either purchase a permanent water tap, or have another viable source of drinking water. The applicant is required to submit documentation that they have an approved drinking water source to serve the residences and the rodeo facility. A waste handling plan is required and should include the name, address and phone number of the waste removal and disposal companies. The plan should indicate how any waste associated with the facility, such as garbage and animal waste, is contained and disposed of. A dust abatement plan, for on-site dust, is required. Noise will be restricted to the level allowed in the residential zone district. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 2. An individual sewage disposal system is required for the proposed rodeo facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. Submit documentation, to Environmental Health Services, Weld County Department of Public Health & Environment indicating a septic system designed by a Colorado Registered Professional Engineer. 3. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day the applicants shall provide evidence that all requirements of the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (specifically Policies WQSA-6 and WQSA-8 ) have been satisfied. Evidence of compliance shall be provided to the Weld County • 2 Department of Public Health and Environment. Alternately, the applicant can • provide evidence from the WQCD that they are not subject to these requirements. 4. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large-capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 5. The applicant shall submit documentation indicating that potable water service is provided and is sufficient for the two homes and the rodeo facility. 6. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including • the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy of the proposed second dwelling: 1. Septic Permit SP-0900010 must receive a final inspection from Environmental Health Services. We recommend that the following requirements be incorporated into the permit as development standards: 1. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized. 2. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. No permanent disposal of wastes shall be permitted at this site. This is not meant • 3 to include those wastes specifically excluded from the definition of a solid waste in • the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 5. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. 8. Adequate drinking, hand washing and toilet facilities shall be provided for personnel and patrons of the facility at all times. A permanent restroom facility shall be provided for the rodeo personnel and public. 9. Any septic system located on the property must comply with all provisions of the • Weld County Code, pertaining to Individual Sewage Disposal Systems. 10.A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 11.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. • 4 • l/ mkw," =lc WELD COUNTY SHERIFF'S OFFICE / / To Whom It May Concern; This letter is to state The Weld County Sheriffs Office' opposition to special use application USR-1752 concerning Jorge and Abel Vega. We are opposed to approval of this application for several sound reasons; 1) It is my personal experience that horse racing brings high volumes of illegal gambling as well as narcotic trafficking. It is known as a gathering place for people of wealth and influence in these illegal ventures. 2) Jorge Vega Aldana, the applicant, has an arrest record which includes a felony arrest for Killing Animals in Contest. That particular case involved illegal chicken fighting. This was later reduced to a misdemeanor conviction for the same offence. 3) A quarter mile long, straight horse racing track appears to have been already constructed on the property including bleachers for spectators. 4) The `equipment shed"built on the property in 2005 has been outfitted with booths as a "cantina" or reception center. I do not know if there has been a building inspection or • permits drawn for this conversion. 5) In 2008-2010, Abel Vega oversaw the construction of an"equipment building" on his father's property at 2501 E. 18th Street, Greeley, Colorado. He ordered that individual storage units be constructed inside, with locking overhead doors. In August of 2009 The Weld County Sheriffs Office served a search warrant at that building and recovered tens of thousands of dollars of stolen property both inside the barn and outside. In summary, horse racing is an activity which is a magnet for serious crime. Both Jorge and Abel have shown a propensity for involvement in major crime in Weld County, and I do not believe it is in the best interest of the citizens of Weld County to grant this special use request. I have several more examples of their disregard for laws and ordinances, if you need more information. Sincerely, Roger A. Ainsworth, Deputy Bureau Chief Main Office, Greeley Fort Lupton Sub Station Southwest Complex North Jail Complex • 1950"O"Street 2950 9`h Street 4209 WCR 24 '/s 2110"O"Street Greeley,CO 80631 Fort Lupton,CO 80621 Longmont,CO 80504 Greeley,CO 80631 Phone(970)356-4015 Phone(303)857-2465 Phone(720)652-4215 Phone(970)356-4015 Fax (970)304-6467 Fax (303)857-3027 Fax (720)652-4217 Fax (970)304-6461 Print Form • Q Weld County Referral July 12, 2010 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Abelardo Vega Case Number USR-1752 Please Reply By August 12, 2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for an agricultural service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including a commercial rodeo (outdoor)and one(1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A in the A(Agricultural)Zone District. Legal W2NW4 of Section 3, T6N, R64W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 55; south of and adjacent to CR 74. • Parcel Number 0801 03 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. El See attached letter. Comments: Please see attached memorandum. Signature ` Date 07/13/2010 Agency 2 oning Compliance fficer • +Weld County Planning Dept. :•1555 N 17v Ave.Greeley.Co.80631 •7(970)353-6100 ext.3540 +(970)304-6498 fax • fett*R MEMORANDUM 111k COLORADO To: Chris Gathman, Planner July 13, 2010 From: Bethany Salzman, Zoning Compliance Officer Subject: USR-1752 Referral Upon review of my case files and computer, an active Zoning Violation(ZCV09-00265)was noted. This violation was initiated due to ongoing rodeo events without first obtaining the appropriate zoning permits. This case has not yet been presented to the Board of County Commissioners through the Violation Hearing process. This application if approved by the Board of County Commissioners will correct the violation. If this application is denied,the rodeo events shall no longer be conducted on the property. Additionally,due to a history of continued operation of events, if denied by the Board of County Commissioners please request this violation case be referred to the County Attorney's Office to ensure future compliance. • • SERVICE,TEAMWORK,INTEGRITY,QUALITY ` .1861 6 Department of Planning Services • I j I . 9 1555 N 17`"Ave ` Greeley, CO 80631 r I f (970)353-6100 G .. Weld County Referral Date: May 15, 2012 Applicant: Jorge and Abel Vega Project: Change of use permit for an Ag Exempt permit, CCN-040105, to an A-3 Occupancy Case Number: USR-1752 Parcel Number: 096110403001 After reviewing the application and documents submitted for a Building Department has the following comments: The structures proposed to have changes uses will require commercial building permit for • change of use. A code analysis, floor plan and complete set of plans for any alteration and probably a structural analysis by a professional engineer will be required. A building permit application must be completed and two complete sets of plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A letter from a structural engineer must be submitted with building permit application, verifying the structure, when built, meet the design criteria Weld County Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Sincerely Frank Piacentino Weld County Building Inspection • Submit by Email a • Weld County Referral January 26, 2012 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Abelardo Vega Case Number USR-1752 Please Reply By February 16, 2012 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for an agricultural service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including a commercial rodeo (outdoor) and one (1)single-family dwelling unit per lot other than those permitted under Section 23-3-20.A in the A (Agricultural)Zone District. Legal W2NW4 of Section 3, T6N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 55; south of and adjacent to CR 74. • Parcel Number 0801 03 000021 NOTE: This case was originally submitted for Review in July of 2010.This application had been on hold.There have been no changes to the application. Given the time lag—we sent out this referral again. Feel free to respond if you have any new or additional comments. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ' 1 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because The propety does not receive water service from North Weld County Water District. nWe have reviewed the request and find no conflicts with our interests. ^ See attached letter. Comments: Construction water is no longer available at this site,and they would have to haul water to the site for events. North Weld County Water District recommends that this USR be denied unless they purchase a permanent water tap,or have another viable source of water. Signature Alan M. Overton Date 01-27-12 • Agency North Weld County Water District .Weld County Planning Dept. 41555 N 1T"Ave,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Print Form • a Weld County Referral July 12,2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Abelardo Vega Case Number USR-1752 Please Reply By August 12,2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for an agricultural service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis,including a commercial rodeo(outdoor)and one(1)single-family dwelling unit per lot other than those permitted under Section 23-3-20.A in the A(Agricultural)Zone District. Legal W2NW4 of Section 3,T6N,R64W of the 6th P.M.,Weld County,Colorado. Location East of and adjacent to CR 55;south of and adjacent to CR 74. • Parcel Number 0801 03 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application,please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because © We have reviewed the request and find no conflicts with our interests. O See attached letter. omments. Water is currently provided to the property by the North Weld County Water District.No new structures are proposed. Signature Sarah Reinsel,P.E. Date 07/20/2010 Agency Division of Water Resources • *Weld County Planning Dept.41555 N 17'"Ave,Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)304-6498 fax Hello