HomeMy WebLinkAbout20021911.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Javier Fernandez/Gabriela Gutierrez Case Number USR-1383
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
N 2 Staff Comments (10 pages) X
N 3 Department of Planning Services field check form X
4 Photographs of site X
5 Letters to Applicant(3 pages) X
N 6 Sign posting certificate X
N 7 Legal Notifications (2 pages) X
N4 8 Application X
V 9 Maps X
N 10 Referral List X
NJ 11 Referrals without comment X
Referrals with comments X
12 Weld County Department of Public Health and Environment,
referral received 4/19/2002 (3 pages)
13 Weld County Department of Public Works, referral received X
4/24/2002 (3 pages)
14 Weld Co unty Sheriffs Office, referral received 4/10/2002 X
v 75 Weld County Department of Planning Services, landscape X
review, referral received 4/2/2002 (2 pages)
16 Weld County Zoning Compliance, referral received 3/28/2002 X
NI 17 Deed/Certificate of Conveyance X
18 Surrounding Property/ Mineral Owners X
N, 19 Letter from Cipriano and Olympia Griego, dated May 6, 2002 X
20 Letter from Helen E. Johnson, Received May 8, 2002 X
21 Letter from Ruby Pettinger, dated April 8, 2002 X
22 Letter from Tom and Debra Albano, dated April 9, 2002 X
"` 23 Letter from Raymond and Kathy Joachim, received May 3, 2002 X
\ 24 Letter from Chris and Greg Milner, Kaylie and Jolean Unrein, X
dated April 23, 2002
EXHIBIT
2002-1911 A
N...
25 Letter from Douglas A. Wilch, dated April 21, 2002 X
N 26 Letter from Mary and Fredrick J. Phalen, dated April 8, 2002 X
N 27 Letter from Dan Fields, received April 19 ,2002 X
• 28 Letter from Jean Groteluschen, received April 25, 2002 X
29 Letter from 2767 WCR 39, received April 25, 2002 X
30 Letter from Cherelyn Ells, received April 25, 2002 X
31 Letter from Kim Delomort, received April 25, 2002 X
-N' 32 Letter from 2647 WCR 39, received April 26, 2002 X
33 Letter from Kareen Wardell, received April 26, 2002 X
\ 34 Letter from Heather Roskop, received April 2y, 2002 X
N 35 Letter from Gayle Besaw, received April 2t, 2002 X
N 36 Letter from Margaret L. Sras, received May 3, 2002 X
37 Letter from Ben and.iary Ann Ells, received May 1, 2002 X
N 38 1 Petition and letters from each signatory(11 letters) X
\ 39 Letter from Menneth L. Madsen, dated May 16,2002 X
' 40 Petition (5 pages) X
N 41 Utilities X
42 Soil Survey X
✓ 43 Granberg letter X
N 44 Smith letter X
N 45 Platte Valley soil X
N 46 Doug Wilch overhead photos ( 3 sheets ) X
47 Wilch map (1 sheet) X
• 48 State engineer letter X
v
49 Photo of House X
I hereby certify that the 49 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office.
Sheri Lockman ❖ Planner II
44e4o, ND USE WILD. LA SUMMARY S APPLICATION
SHEET
COLORADO
Case Number: USR-1383 Hearing Date: May 21, 2002
Applicant: Javier Fernandez and Gabriela Gutierrez
Address: 3051 Western Drive, Hudson, CO 80642
Request: A Site Specific Development Plan and a Special Review Permit for a
Commercial Roping Arena in the A (Agricultural) Zone District
Legal Description: Lot 19, Vantage Acres Filing 2, being part of the SW4 Section 17, T1 N,
R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to Weld County Road 8 and west of and adjacent to
Western Drive
Size of Parcel: 5.4 +/- acres
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POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Colorado Division of Wildlife, referral received 4/2/2002
• Weld County Department of Public Health and Environment, referral received 4/19/2002
• Weld County Department of Public Works, referral received 4/24/2002
• Town of Hudson, referral received 4/3/2002
• Weld County Zoning Compliance, referral received 3/28/2002
• Weld County Department of Building Inspection, referral received 4/17/2002
• Weld County Sheriffs Office, referral received 4/10/2002
• Weld County Department of Planning Services, landscape review, referral received
4/2/2002
• Platte Valley Soil Conservation District, referral received 5/16/2002
The Department of Planning Services' staff has not received responses from the following
agencies:
• Hudson Fire Protection District
• Town of Lochbuie
USR-1383 Fernandez/Gutierrez 1 EXIMIT
SPECIAL REVIEW PERMIT
46te*: ADMINISTRATIVE REVIEW
WUDc.
COLORADO
Case Number: USR-1383 Hearing Date: May 21, 2002
Applicant: Javier Fernandez and Gabriela Gutierrez
Address: 3051 Western Drive, Hudson, CO 80642
Request: A Site Specific Development Plan and a Special Review Permit for a
Commercial Roping Arena in the A (Agricultural) Zone District
Legal Description: Lot 19, Vantage Acres Filing 2, being part of the SW4 Section 17, Ti N,
R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to Weld County Road 8 and west of and adjacent to
Western Drive
Size of Parcel: 5.4 +1- acres
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Parcel Number: 1473 17 304004
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-
2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has not
shown compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinances in effect.
Section 22-2-60.6.1 (A.Goal 2 states" Allow commercial and industrial uses which
are directly related to or dependent upon agriculture to locate within agricultural
zoning when the impact to surrounding properties is minimal, and where adequate
services and infrastructure are available." Surrounding properties have been
impacted substantially by the prior roping events. Planning Staff does not believe
that Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code) and Conditions of Approval can
ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
USR-1383 Fernandez/Gutierrez 2
Section 22-2-60.B.2.a (A.Policy 3.1) If it is determined that a public facility, service
improvements or maintenance are required by a development,the developer will be
required to pay for the costs of the public facility and service improvements and
maintenance. The applicant is proposing to truck in water for the events. The Weld
County Department of Public Health and Environment has indicated that the
applicant needs to obtain a well or community water system which is legally
permitted for the use. Weld County Staff does not believe that the applicants
proposed water supply is adequate.
b. Section 23-2-220.A.2 -- Although Section 23-3-40.B.16 of the Weld County Code
provides for commercial roping arenas as a Use by Special Review in the A
(Agricultural)Zone District, Planning Staff does not believe that Design Standards
(Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250,
Weld County Code)and Conditions of Approval can ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
c. Section 23-2-220.A.3--The uses which will be permitted will not be compatible with
the existing surrounding land uses. Properties to the east, west and northwest are
small acreage residential lots. South of the lot is agricultural. The site is located
within Vantage Acres subdivision. Many letters requesting denial have been
submitted. Concerns were raised including loud music, traffic, trash, speeding
drivers, alcohol, drugs, dust, parking along county roads, gambling and cruelty to
animals. Conditions of Approval and Development Standards cannot ensure that
incompatibilities will be adequately mitigated.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The site lies within the three mile referral
area of the Towns of Hudson and Lochbuie. The Town of Hudson indicated no
conflicts with their interests. The Town of Lochbuie did not respond to the referral
request.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.The U.S.D.A.
Soils Maps indicate that the soils on this property are designated" Urban and Urban
Build-up".
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval, and Development Standards cannot ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
USR-1383 Fernandez/Gutierrez 3
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission choose to approve the Use by Special Review Permit, Planning
Staff recommends the following be attached as Conditions of Approval and Development
Standards:
1. Prior to recording the plat:
A. The applicant shall submit a Landscape/Screening Plan for review and approval.All
on site landscape treatment shall comply with Section 23-3-250.A.5.a and A.5.b of
the Weld County Code. The applicant shall provide a plant material list delineating
the proposed species to be used, including a turf species if installed. The plan shall
also address the following:
1) Per Section 23-3-250.A.2 of the Weld County Code, the applicant shall
delineated sufficient screened off street paved parking areas unless waived
by the Department of Public Works. Further, one off-street loading space
is required for a facility of this size. All parking and loading areas shall be
screened from adjacent properties and road rights-of-way. The applicant
shall delineate an opaque visual screen on all sides of the property to
mitigate the potential negative impact and aesthetic concerns on
surrounding properties.
2) Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be
screened from adjacent public rights-of-way and adjacent properties. These
areas shall be designed and used in a manner that will prevent wind or
animal scattered trash.
3) Section 23-3-250.B addresses operation standards for Commercial uses.
The applicant shall address the issue of on-site lighting, including security
lighting if applicable. Subsection F. states"any lighting ... shall be designed,
located and operated in such a manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties...."
4) The applicant has not delineated any on-site sign(s). If an on-site sign(s) is
desired, the signs shall adhere to Section 23-4-90.A and .B of the Weld
County Code. One identification sign per principal use shall be allowed,
provided that the sign does not exceed sixteen (16) square feet in area per
face. Further, the location of the sign, if applicable shall be delineated on
the Landscape / Site Plan. (Department of Planning Services)
B. The applicant shall submit a dust abatement plan to the Environmental Health
Services, Weld County Department of Public Health & Environment, for approval
prior to operation. Evidence that Environmental Health Services has received the
dust abatement plan shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
USR-1383 Fernandez/Gutierrez 4
C. An individual sewage disposal system is required for the proposed 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.
Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
D. The applicant shall submit a manure and stormwater management plan to the Weld
County Department of Public Health and Environment for review and approval. The
plan should describe how manure generated on site will be stored, managed,
removed, land applied, etc. The plan should also describe the fate of any
stormwater that may come into contact with manure. Evidence of Department of
Public Health and Environment approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
E. The applicant shall submit evidence to the Department of Planning Services, from
the Colorado Division of Water Resources, demonstrating that the well(s) are/is
appropriately permitted for the commercial use or that a community water system
is available. (Department of Public Health and Environment)
F. If the applicant chooses a community water system, appropriate documentation
shall be provided which indicates not only that a tap is available, but provide
assurances that the connection will be made. The style of assurance may take
several forms, however pre-purchase of the tap, a line extension agreement, tap
service agreement, or another form of"participation agreement"will be acceptable.
The agreement shall be approved by the Weld County Attorney's Office prior to
recording the plat. (Department of Planning Services)
G. The applicant shall submit a Parking Plan to the Weld County Department of
Planning Services for review and approval. The plan shall indicated separate,
adequate parking areas for pickups outfitted with horse trailers or tractor trailers and
public parking. The arena parking area shall accommodate a minimum of sixty
parking spaces as delineated in the application materials. Further, the applicant
shall address all requirements of the American for Disabilities Act in future
drawings. Typically, one of the two parking spaces shall be van accessible with an
eight (8) foot aisle between parking spaces. The area for the non-ambulatory
parking spaces shall be paved. In addition, a curb cut or ramped area from the
parking area into the arena enclosure has not been delineated on the plat. All
parking spaces shall have curb stops. (Departments of Planning Services and
Public Works)
H. The applicant shall submit a Circulation Plan to the Weld County Department of
Planning Services for review and approval.The internal circulation within the arena
area is unclear. Future drawings shall delineate the proposed circulation pattern
including emergency access. The aisle width and parking spaces shall conform
with Chapter 23, Appendix A of the Weld County Code. (Department of Planning
Services)
USR-1383 Fernandez/Gutierrez 5
I. The applicant shall meet with the Weld County Sheriffs Office to discuss security
concerns. (Sheriffs Office)
J. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all
transportation(access drive, parking areas, etcetera)and non-transportation (plant
materials, fencing, screening, water, signage etcetera). The agreement and form
of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. (Department of Planning Services)
K. The applicant shall remove all trucks and equipment related to Fernandez Trucking
from the site. (Department of Planning Services)
L. All items considered to be part of a noncommercial junkyard must be removed from
the property or screened from adjacent properties and public rights-of-way. The
applicant shall schedule a final inspection with the Weld County Zoning Compliance
Officer and submit a copy of the closure letter indicating compliance with Chapter
23 of the Weld County Code. (Department of Planning Services)
M. The plat shall be amended to delineate the following:
1) The approved Landscape/Screening Plan. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) One access point from Weld County Road 8. (Department of Public Works)
4) The approved Parking Plan. (Department of Public Works)
5) Weld County Road 8 is designated on the Weld County Transportation Plan
Map as a Collector status road. There is presently 60 feet of right-of-way.
An additional ten (10) feet shall be delineated on the plat as right-of-way
reservation for future expansion of Weld County Road 8.
6) The approved Circulation Plan. (Department of Planning Services)
7) The plat shall be labeled USR-1383. (Department of Planning Services)
2. Prior to operation:
A. A properly sized culvert will be placed at the access to accommodate drainage run-
off from the parking lot. (Department of Public Works)
B. The parking lot shall be graded and drained in such a manner that there will not be
an impact on adjacent property owners. (Department of Public Works)
C. A stop sign shall be located in the appropriate location at the access and Weld
County Road 8. (Department of Public Works)
USR-1383 Fernandez/Gutierrez 6
3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
4. Upon completion of 1 above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff.
The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The Mylar plat and additional requirements shall be submitted
within thirty(30)days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4).
(Group 6 is not acceptable). This digital file may be sent to mapseco.weld.co.us.
(Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
USR-1383 Fernandez/Gutierrez 7
i^ SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Javier Fernandez and Gabriela Gutierrez
USR-1383
1. The Site Specific Development Plan and Special Use Permit is for a Commercial Roping
Arena in the A(Agricultural)Zone District, as indicated in the application materials on file and
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. The applicant shall remove,handle,and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant
runoff. The manure storage site shall have a water-tight surface which does not permit
seepage or percolation of manure pollutants into the ground. (Department of Public Health
and Environment)
4. The facility shall maintain compliance with the Confined Animal Feeding Operation
Regulations (5 CCR 1002-19). (Department of Public Health and Environment)
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5. 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. (Department of Public Health
and Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant 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. (Department of Public
Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Department of Public Health
and Environment)
8. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so
that vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes
shall be removed at least weekly from the facility and disposed by a commercial hauler.
(Department of Public Health and Environment)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. The facility shall be operated in accordance with the approved dust abatement plan at all
times. (Department of Public Health and Environment)
r
USR-1383 Femandez/Gutierrez 8
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
12. The applicant shall operate in accordance with the approved "manure and stormwater
management plan". (Department of Public Health and Environment)
13. Adequate toilet facilities shall be provided for employees and patrons of the arena.
(Department of Public Health and Environment)
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
17. The facility shall be operated in a manner to control flies. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies(which can be determined to be associated with the facility)
are in such a number to be considered a nuisance condition. (Department of Public Health
and Environment)
18. A properly sized culvert will be placed at the access to accommodate drainage run-off from
the parking lots. (Department of Public Works)
19. The parking lot shall be graded and drained in such a manner that there will not be an impact
on adjacent property owners. (Department of Public Works)
20. No staging or parking will be allowed on Weld County Road 8. (Department of Public Works)
21. A stop sign shall be located in the appropriate location at the access and Weld County Road
8. (Department of Public Works)
22. Landscaping materials as proposed in the Approved Landscape Plan shall be maintained at
all times. Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time. (Department of Planning Services)
23. Any on-site sign(s)shall adhere to Section 23-4-90.A and .B of the Weld County Code. One
identification sign per principal use shall be allowed, provided that the sign does not exceed
sixteen (16) square feet in area per face. (Department of Planning Services)
24. All structures, including signs, on site must obtain the appropriate building permits.
(Department of Planning Services)
erN
USR-1383 Fernandez/Gutierrez 9
25. The operation shall be limited to Saturday and Sunday. Hours of operation shall be from
eleven o'clock a.m. and not extend beyond seven o'clock p.m. (Department of Planning
Services)
26. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in order
to ensure the activities carried out on the property comply with the Development Standards
stated herein and all applicable Weld County regulations.
29. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
USR-1383 Fernandez/Gutierrez 10
(eiti;coss
DEPARTMENT OF PLANNING SERVICES
1555 N. 17'AVENUE
GREELEY, COLORADO 80631
IWEBSITE: www.co.weld.co.us
CE-MAIL:
stockman ld.co.us
PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
March 11, 2002
Anal Gutierrez
3051 Western Drive
Hudson, CO 80642
RE: Use by Special Review Permit for a Commercial Rodeo Arena.
Dear Mr. Gutierrez,
Upon review of your Use by Special Review Permit for a Commercial Rodeo Arena it has come to our
attention that you have proposed a domestic water well as your water source. Planning Staff did consult
with the Division of Water Resources to determine if it is feasible to permit your well for a commercial
use. The Division indicated it would require an augmentation plan to do so.
Please contact the Division of Water Resources at the following address to discuss your options.
Division of Water Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
(303) 866-3581
Planning Staff has put a hold on your permit until this issue is resolved. Without a legal water source it is
very unlikely that you will be granted approval of your request. If you have an alternative water source,
please submit the documentation to Weld County Department of Planning Services for review.
Please contact me at the above address or phone number within ten (10) days from the date of this letter
to set a meeting date. Bethany Salzman, Code Compliance Officer and myself will be happy to discuss
your options.
Sincerely,
GG2/ -4/2La /
Sheri Lockman
Planner II
EXHIBIT
15
' DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, E04.6498
FAX (97(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
March 26, 2002
Javier Fernandez&Gabriela Gutierrez
do Ariel Gutierrez
3051 Western Drive
Hudson CO 80642
Subject: USR-1383- Request for a Site Specific Development Plan and a Special Review Permit for a Commercial
Rodeo Arena in the A(Agricultural)Zone District on a parcel of land described as Lot 19 Vantage Acres
Filing 2, being part of the SW4 of Section 17,TIN, R65W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for May 21,2002, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Hudson and Lochbuie Planning Commission for their review and
comments. Please call Hudson at(303 536-9311 and Lochbuie at(303)659-6273 for further details regarding the date,
time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Hudson and
Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to
your application.
A representative from the Department of Planning Services will be out to the property a minimum often days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
J?ut
X //
Sheri Lockman
Planner
a
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
'a, E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100
O Fax (970) 304-6498
COLORADO �2� (, 51-2-t/2//
January 25, 2002 / I f ) !'
Mr.Javier Fernandez and Ms. Gabriela Gutierrez , IBS �
3051 Western Drive L� ��O,,v r'
Vantage Acres I/6✓v,n)
Hudson, CO 80642
Subject: \/I-0100233, I of 19, Vantage Acres, 2nd Filing. Weld County, Colorado
Dear Mr. Fernandez and Ms. Gutierrez:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on February 12, 2002, at 10:00 a.m., to consider the violations occurring
on the property. As we discussed the above mentioned property is in violation of the following Section(s)of
the Weld County Code:
Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-20.A "One(1)Single-Family Dwelling Unit and Auxiliary Quarters per legal lot."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.B.15 "Rodeo Arenas,Commercial."
Section 23-3-40.8.16 "Roping Arenas to include both indoor and outdoor arenas,commercial."
To bring the property into compliance the following option(s)are available:
As we have previously discussed,a"Use by Special Review"permit shall be obtained prior to any rodeo events. Additionally,
the camper/trailer shall be vacated as a dwelling unit. Your extension for submitting the USR application has expired. To bring
your property into compliance,a USR application shall be received prior to the Violation Hearing or the activity shall cease
to exist.
This meeting will take place in the County Commissioners' Hearing Room, First Floor,Weld County Centennial
Center, 915 10th Street, Greeley, Colorado. !t is recommended that you or a representative be in attendance to
answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will be taking video from the road or adjacent properties the business day before or
as soon as possible to the above mentioned Violation Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you
were made aware of the nature of the violation including the action necessary to correct the violation, and that
you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please
call me.
Sincerely,
��Bethany Salzm
Zoning Compliance Officer •
pc: VI-0100233
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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Miscellaneous debris including barrels and tires. Miscellaneous debris.
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Truck marked Fernandez Trucking. Derelict truck bed.
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EXHIBIT
Road construction equipment.
$ Flatbed truck. camper shell, miscellaneous equipment.
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PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: I� 3 , 'FAO. THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM ACPJBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR-I3�_3
THE SIGN WAS POSTED BY:
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NAME OF PERSON POSTING SIGN
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SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
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COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS i�-3 DAY OF J Ivi , 'F9 aD 009, .
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NOTARY PUBLIC
MY COMMISSION EXPIRES: L ` L` 0 6
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
EXHIBIT
6
FIELD CHECK inspection date: 4/2/2002
CASE NUMBER: USR-1383
APPLICANT: Javier Fernandez and Gabriela Gutierrez
LEGAL DESCRIPTION: Lot 19 Vantage Acres Filing 2, being part of the SW4 Section 17,
T1 N, R65W of the 6th P.M., Weld County, CO
LOCATION: North of and adjacent to Weld County Road 8 and west of and adjacent to
Western Drive
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: The site is surrounded by smaller residential lots. The
applicant has existing pens for the cattle. On the east
side of the property there is some miscellaneous debris
that should be screened from the surrounding properties.
The applicant is currently parking a truck and road
equipment from his trucking company on the property. It
must be removed as it is not allowed in a subdivision.
Xid14 /
Sheri Lockman , Planner II
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