HomeMy WebLinkAbout20221634.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONS
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Moved by Sam Gluck, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDMENT
TO USE BY SPECIAL REVIEW PERMIT NO. USR17-0024 FOR RECREATIONAL
FACILITIES AND USES INCLUDING, RACE TRACKS AND RACE COURSES
(MATCH HORSE RACING), AND MODIFICATION OF CERTAIN DEVELOPMENT
STANDARDS TO ADD COMMERCIAL RECREATIONAL FACILITIES (TRUCK
EXPO SHOWS), EVENT FACILITY (LIVE MUSIC), AND RACING FACILITIES (A
100 -FOOT X 100 -FOOT ASPHALTED AREA FOR TRUCK BURNOUT AND AN
ATV OFF ROAD RACE TRACK), OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
BEING PART OF THE W2SW4 OF SECTION 6, T8N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 96; EAST OF AND ADJACENT TO CR 37.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has 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 ordinance in effect.
Section 22-2-10.8. states "Respecting Private Property Rights. One of the basic principles upon
which the United States was founded is the right of citizens to own and utilize property so long as
that use complies with local regulations and does not interfere with or infringe upon the rights of
others."
The applicant has received approval in 2017 for a horse racing on the site. This Major
Amendment is requesting to add truck expo shows, live music, a 100 -foot x 100 -foot asphalted
area for truck burnouts, and an ATV off road race track.
A Truck Expo consists of trucks parked in designated areas to showcase the vehicles. The 100 -
foot x 100 -foot asphalted burnout pit will provide a safe area where participants may burnout
trucks.
A mobile stage for live music performances will be brought on to premises for the duration of the
event and will be stationed directly north of the burnout pit area. The burnout pit will be used as a
dance floor once live music starts and at that time vehicles will no longer be allowed inside the
burnout pit. A designated area for ATV racing is proposed west of the burnout pit.
Food vendors will be on site and the trash crew will clean up during and after the events. The
number of security personnel on -site will be two (2) security personnel for the first one hundred
(100) participants and one (1) additional security professional for each additional fifty (50)
participants. Standby ambulance service with EMTs will be contracted to be present onsite
throughout the duration of the event by Banner Health or UC Health as used for horse racing
events.
The applicant is proposing to have live music regardless of the event. Live music may be part of
any event on the site whether it is horse racing or truck expo/ATV racing and burnouts.
Section 22-2-30.C. states "Transition between land use types and intensities with buffers. Uses
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 2
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that are incompatible with existing uses must be able to mitigate conflicts "
The adjacent lands to the north and east are agriculture with no residences The applicant is the
owner of the land that is adjacent to the east of the site The adjacent land to the west is owned
by Weld County and is used as the Nunn grader shed The properties to the south are two
separate mining operations An amendment (1 MJUSR21-76-298) to one of the mining
operations, SUP -298, was approved by the Board of County Commissioners on February 9,
2022, to increase the mining area by about 450 acres With the approval of this amendment and
the recording of the USR map all of the properties south of and adjacent to the subject property
will be part of a mining operation
B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone Distrct
Section 23-3-10 of the Weld County Code is the intent of the Agncultural Zone District and it
states, "Agriculture in the County is considered a valuable resource which must be protected
from adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses The A (Agncultural) Zone District is established to maintain and promote
agnculture as an essential feature of the County The A (Agncultural) Zone District IS intended to
provide areas for the conduct of agricultural activities and activities related to agriculture and
agncultural production, and for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses "
This Major Amendment is requesting to add truck expo shows, live music, truck burnouts, and
ATV off road racing Section 23-3-40 H Commercial Recreational Facilities, Section 23-3-40 J
Event Facility, and Section 23-3-40 AA Racing Facility allow the applicant to apply for these
uses The original USR17-0024 and the first amendment 1 MUSR18-17-0024 were permitted for
horse racing and horse racing will remain as a use on the site as well
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses -
The adjacent lands consist of pastures and crops The closest residence is approximately one-
half mile north of the site The adjacent lands to the north and east are agnculture with no
residences The applicant is the owner of the land that is adjacent to the east of the site The
adjacent land to the west is owned by Weld County and is used as the Nunn grader shed and
mining operation The properties to the south are two separate mining operations There are two
(2) USRs within one mile of this site USR11-0020 and SUP -298 both for gravel mining and both
are located south of and adjacent to the site An amendment (1 MJUSR21-76-298) to SUP -298
was approved by the Board of County Commissioners on February 9, 2022, to increase the
mining area by about 450 acres With the approval of this amendment and the recording of the
USR map all of the properties south of and adjacent to the subject property will be part of a
mining operation
Four (4) Surrounding Property Owners (SPO) within 500 -feet were notified of the requested
amendment and the Department of Planning Services has not received any comments,
electronic mad or telephone calls regarding the proposed modifications
The application materials included a Noise Report dated December 17, 2020, that stated that the
burnout area for the trucks and the concert venue will produce sound levels twenty-five (25) feet
from the property line at 56 4 db which is below the maximum permissible sound level of 60 db
for a commercial use The Noise Report goes on to state that the ATV course can be within
seventy-five (75) feet of any property line and meet the maximum noise level of 60 db
Based on the referral agency responses, the proposed use is in an area that can support this
development The application matenals included a Dust Abatement Plan and a Waste Handling
Plan, and the Weld County Office of Emergency Management is requiring an updated Incident
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 3
Plan The Development Standards I and Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding and
uses and the region
D Section 23-2-220 A4 -- 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 located within a three (3) mile referral area of the Town of Nunn The Town of Nunn did
not respond with any referral agency comments
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, I-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay Distnct
Budding Permits issued on the lot will be ,required to adhere to the fee structure of the County -
Wide Road Impact Fee Program Budding Permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 --The applicant has demonstrated a diligent effort to conserve pnme
agricultural land in the locational decision for the proposed use
The site consists of two types of sods per the site per the Natural Resources 'Conservation
Service (NRCS) Web Sod Survey Farmland Classification Map, dated February 3, 2022 The
southern 75% of the site is Haverson loam, 0-3 percent slopes and the northern 25% is Ascalon
fine sandy loam, 0 -6 -percent slopes These sods are in the Hydrologic Soil Group B and have a
moderate infiltration rate when thoroughly wet These consist chiefly of moderately deep or deep,
moderately well drained or well drained sods that have moderately fine texture to moderately
coarse texture These sods have a moderate rate of water transmission The Haverson sod is
classified as "Pnme farmland if irrigated and either protected from flooding or not frequently
flooded dunng the growing season" and the Ascalon sod is classified "Farmland of statewide
importance" Since 2017 there has been a horse racing facility on the site The proposed
amendment to the USR will not take any Pnme (Irrigated) Farmland out of production The West
Greeley Conservation District returned informational referral agency comments on March 14,
2022
G , Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighbo' hood and County
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 can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants
of the neighborhood and County
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
The Planning Commission recommendation for approval is conditional upon the following
1 Pnor to recording the plat
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 4
A The applicant shall submit a budding permit for the bleachers on the site (Department of
Planning Services)
B The existing Improvements and Road Maintenance Agreement (Rec No 20180334) shall be
reviewed and revised, as necessary, to address the traffic associated with the proposed use of
the site (Development Review)
C An acceptable stormwater'drainage and water quality report, stamped and signed by a Colorado
Licensed Professional Engineer, shall be submitted (Development Review)
D The applicant;shall address the requirements of the Weld County Department, of Emergency
Management, as stated in the referral response dated Apnl 27, 2022 Evidence of such shall be
submitted in wnting to the Weld County Department of Planning Services (Department of
Planning Services)
E The map shall be amended to delineate the following
1) All sheets of the map shall be labeled 2MJUSR22-17-0024 (Department of Planning
Services)
2) The attached Development Standards (Department of Planning Services)
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3) The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4) The applicant shall delineate on the map the trash collection areas Section 23-3-350 H
of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
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5) The map shall delineate the approved Lighting Plan, if applicable (Department of
Planning Services)
6) The map shall delineate the parking area for the vendors, customers, and employees, as
well as all ADA parking (Department of Planning Services)
7) County Road 96 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buddout
The applicant shall delineate and label on the site map or plat the future and existing
r right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road All setbacks shall be measured from the edge of right-of-
way This road is maintained by Weld County (Development Review)
8) County Road 37 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of nght-of-way at full buddout
The applicant shall delineate and label on the site map or plat the future and existing
nght-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road All setbacks shall be measured from the edge of right-of-
way This road is maintained by Weld County (Development Review)
9) Show and label the existing permitted access locations, acceptable access width, and
the appropnate turning radii on the site plan (Development Review)
10) Show and label the approved tracking control on the site plan (Development Review)
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 5
11) Show and label the entrance gate if applicable An access approach that is gated shall
be designed so that the longest vehicle (including traders) using the access can
completely clear the traveled way when the gate is closed In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet
(Development Review)
12) Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No -Budd or Storage Area" and shall include the calculated
volume (Development Review)
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13) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Development Review)
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2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services
Upon approval of the plat 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 the Department of, Planning Services 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 one hundred twenty (120) 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)
3 In accordance with Appendix 5-J of the Weld County Code, should the Major Amendment to the Use
by Special Review map not be recorded within the specified timeline from the date of the Board of
County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each
additional 3 -month period (Department of Planning Services)
4 The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded Activity shall not occur, nor shall any budding or electncal permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
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Motion seconded by Lonnie Ford
VOTE
For Passage
Tom Cope
Lonnie Ford
Sam Gluck
Pamela Edens
Michael Palizzi
Against Passage Absent
Skip Holland
Butch White
Elgah Hatch
Michael Wades
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 6
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 7, 2022
Dated the 7th day of June, 2022
ere, ,,,° u,ai-e-
Michelle Wall
Secretary
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 7 I
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ana and Leonel Ornelas
2MJUSR22-17-0024
A Site Specific Development Plan and 2nd Major Amended Use by Special Review Permit,
2MJUSR22-17-0024, for Recreational Facilities and uses including, Race Tracks and Race Courses
(Match Horse Racing), and modification of certain Development Standards to add Commercial
Recreational Facilities (truck expo shows), Event Facility (live music), Racing Facilities (a 100 -foot x
100 -foot asphalted area for truck burnouts and an ATV off road race track), outside of subdivisions
and historic townsites in the A (Agricultural) Zone Distnct, subject to the Development Standards
stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property nght pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services)
3 The property owner shall be in compliance with the annual Emergency Incident Plan and work with
the Weld County Office of Emergency Manegement, Nunn Fire District, and Law Enforcement to
prepare a response plan for all events and ensure that there is notification to those agencies pnor to
the event to plan for any consequence management (Incident Plan) (Office of Emergency
Management) w
4 The Use by Special Review permit shall not be transferrable to any successors in interest to the
prescnbed property and shall terminate automatically upon conveyance or lease of the property to
others for operation of the facility (Department of Planning Services)
5 For the truck expo shows, live music, truck burnouts, and ATV off road racing there will be five (5)
events per year The events shall be Saturday or Sunday - 8 00 a m — 8 00 p m between May 1 to
October 31 (Department of Planning Services)
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6 The maximum number of persons on the site for the truck expo shows, live music, truck burnouts,
and ATV off road racing shall be 1,000 including spectators, participants, trash crew, employees,
secunty, and emergency personnel (Department of Planning Services)
7 The hours of operation for the horse racing are dependent on weather Horse racing will only operate
during daylight hours ;
a Saturday or Sunday - 10 00 a m — 7 00 p m - Apnl 1 to September 30
b Saturday or Sunday - 10 00 a m — 4 00 p m - October 1 to March 31
(Department of Planning Services)
8 The horse racing events shall be limited to no more than twenty-four (24) weekends annually
(Department of Planning Services)
9 Dunng horse racing events there shall be no more than forty (40) horses on site (Department of
Planning Services)
10 The maximum number of persons on the site for the horse racing events shall be 2,000 including
spectators, participants, trash crew, employees, secunty, and emergency personnel (Department of
Planning Services)
11 The number of security personnel on -site will be two (2) secunty personnel for the first one hundred
(100) participants one (1) additional secunty professional for each additional fifty (50) participants for
any event (Department of Planning Services)
12 The horse racing events will not happen at the same time as the truck expo shows, truck burnouts,
and ATV off road racing (Department of Planning Services)
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 8
13 Fire extinguishers shall be on site especially dunng the truck burnouts (Department of Planning
Services)
14 For any event one (1) ambulance shall be onsite (Department of Planning services)
15 A clean and sanitary enclosure where medical treatment may be rendered will be available on the
site during any event (Department of Planning Services)
16 The parking area on the site shall be maintained (Department of Planning Services)
17 The signage on the site shall be maintained in accordance with the approved Signage Plan
(Department of Planning Services)
18 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
19 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
20 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
21 Any work that may occupy and or encroach upon any County nghts-of-way or easement shall acquire
an approved Right -of -Way Use Permit pnor to commencement (Development Review)
22 The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement (Development Review)
23 The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates (Development Review)
24 Weld County is not responsible for the maintenance of onsite drainage related features
(Development Review)
25 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
26 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 (Department of Public
Health and Environment)
27 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination (Department of Public Health and Environment)
28 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 (Department of Public Health and Environment)
29 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 The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code, and the accepted
waste handling plan (Department of Public Health and Environment)
30 Fugitive dust should attempt to be confined on the property Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan
(Department of Public Health and Environment)
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 9
31 This facility shall adhere to the maximum perm ssible noise levels allowed in in the Commercial Zone
as delineated in 25-12-103 C R S The facility shall operate in accordance with the accepted noise
report (Department of Public Health and Environment)
32 Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of
the facility at all times Temporary uses for a time period of six months or less, portable toilets and
bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall
be retained on a quarterly basis and available for review by the Weld County Department of Public
Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers A minimum of one portable toilet for 100 people shall be provided
(Department of Public Health and Environment)
33 Sewage disposal for the facility shall be by On -site Wastewater Treatment system (OWTS), as
applicable Any OWTS located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems (Department of Public Health and
Environment)
34 A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as
appropnate (Department of Public Health and Environment)
35 The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code (Department of Public Health and Environment)
Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map Neither the direct, nor reflected, light from any light source
may create a traffic hazard to operators of motor vehicles on public or pnvate streets No colored
lights may be used which may be confused with, or construed as, traffic,control devices
36 Budding permits may be required, per Section 29-3-10 of the Weld County Code Currently, the
following have been adopted by Weld County, 2018 International Codes, 2018 International Energy
Code, and 2020 National Electncal Code A Budding Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review A Geotechnical Engineenng Report, performed by a Colorado
registered engineer, shall be required or an Open Hole Inspection
37 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
i
38 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carned out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations
39 The Use by 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
40 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
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 10
41 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the onginal Permit, or the Permit shall be vacated The Director of
Planning Services may grant an extension of time, for good cause shown, upon a wntten request by
the landowner
42 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use
has been terminated When either the Department of Planning Services is notified by the landowner,
or when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to
vacate the Use by Special Review Permit
43 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the
state face a cntical shortage of such deposits, and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
44 WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold The rural areas of Weld County may be open and spacious, but
they are intensively used for agnculture Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever
Agncultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from
animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides
that an agncultural operation shall not be found to be a public or pnvate nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
RESOLUTION 2MJUSR22-17-0024
ANA ORNELAS MORENO AND LEONEL ORNELAS
PAGE 11
Water has been, and continues to be, the life me for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities The sheer magnitude of the area to be served
stretches available resources Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances whichrust be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies County gravel roads, no matter
how often they are bladed, will not provide the same kind of surface expected from a paved road
Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several
days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to
municipal services Rural dweller, must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and -oil field equipment, ponds and irngation ditches, electncal power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, terntonal farm dogs and
livestock, and open burning present real threats Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 7, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Tom Cope, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Pamela Edens, Michael Palizzi.
Absent: Elijah Hatch, Michael Wailes.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, and Maxwell Nader and Melissa
King, Department of Planning Services; Lauren Light, Department of Health; Bruce Barker and Karin
McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the May 3, 2022, Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: 2MJUSR22-17-0024
APPLICANT: ANA ORNELAS MORENO AND LEONEL ORNELAS
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDMENT
TO USE BY SPECIAL REVIEW PERMIT NO. USR17-0024 FOR
RECREATIONAL FACILITIES AND USES INCLUDING, RACE TRACKS AND
RACE COURSES (MATCH HORSE RACING), AND MODIFICATION OF
CERTAIN DEVELOPMENT STANDARDS TO ADD COMMERCIAL
RECREATIONAL FACILITIES (TRUCK EXPO SHOWS), EVENT FACILITY (LIVE
MUSIC), AND RACING FACILITIES (A 100 -FOOT X 100 -FOOT ASPHALTED
AREA FOR TRUCK BURNOUT AND AN ATV OFF ROAD RACE TRACK),
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: BEING PART OF THE W2SW4 OF SECTION 6, T8N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 96; EAST OF AND ADJACENT TO CR 37.
Diana Aungst, Planning Services, presented Case 2MJUSR22-17-0024, reading the recommendation and
comments into the record. 4 surrounding property letters were mailed to neighbors within 500 feet from the
site, Staff did not receive any correspondence or phone calls regarding this request. The Department of
Planning Services recommends approval of this application along with conditions of approval and
development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Ana Ornelas, 6736 East 123rd Place, Brighton, Colorado. Ms. Ornelas said she is representing herself as
one of the property owners and also the trucking community. She said she is the owner, host and organizer
of Colorado Truck Madness. It is a huge event held annually at Pikes Peak International Raceway. Mr.
Ornelas said she has been contacted by Aurora and Denver police departments requesting her assistance
in finding a safe place for the trucking community to meet instead of them trespassing and having
gatherings, doing burnouts, etc., on private property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Debbie Shipps, 17164 Weld County Road 100, Nunn, Colorado. Ms. Shipps stated that she is the Assistant
Chief of the Nunn Fire Protection District. She owns the property that is directly north of the applicant's
property.
Ms. Shipp said several hundred cars come and go from the events that are held on the property. She said
that the Nunn Fire Department has to respond to several calls for injuries or fights that happen at an event.
Although there is an ambulance and security present on site, people use their cellphones to call 911 in an
emergency She shared her concerns about the hundreds of vehicles leaving the site at the same time and
safety issues Ms Shipp said people drive on her fields, neighboring fields and surrounding intersections
to do burnouts She said the applicant does a pretty good job in picking up the trash the next day
Commissioner Holland shared his concerns about what happens after the events are over He doesn't feel
that these types of events are compatible with the area since people get in accidents or go on other
properties and cause damage
Staff explained there are development standards that help to mitigate many of these concerns Ms Aungst
said there are 5 events allowed per year
Commissioner Gluck said he would be concerned that burnouts being done in neighboring fields could
cause sparks that could create a fire Ms Shipp said that she has worried about fires as well
Melissa King, Development Review, explained that the applicant currently operates under a traffic impact
study that is associated with their USR from 2017 The 2017 USR contains that there will be 5 major events
which could draw up to 2,000 spectators
Mr Ornelas was not aware that people were going onto Ms Shipps' property, and she apologized Ms
Ornelas said she will hire traffic control people and signs to mitigate that problem Traffic control will make
sure traffic does not head north on CR 37
Commissioner Ford asked Ms Ornelas if there is adequate parking for 2,000 vehicles Mr Ornelas replied
yes, their property is 80 acres in size Ms Ornelas stated she only plans to have 5 big events where she
can give the truck community a place to gather and do their burnouts, etc
There was discussion about adding traffic control preventing traffic from leaving north into the resolution
Ms King read Condition of Approval 1 B "The existing Improvements and Road Maintenance Agreement
(Rec No 20180334) shall be reviewed and revised, as necessary, to address the traffic associated with
the proposed use of the site " Commissioner Cope said that he thinks the Condition of Approval is adequate
to cover this concern He feels this traffic control concern should be addressed in the Improvements
Agreement
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case 2MJUSR22-17-0024 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Sam Gluck, Seconded by Lonnie Ford
Vote: Motion passed (summary Yes = 5, No = 2, Abstain = 0)
Yes Lonnie Ford, Michael Palizzi, Pamela Edens, Sam Gluck, Tom Cope
No Butch White, Skip Holland
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 41 pm
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
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