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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
2 MJ U S R22-17-0024
18233 CR 96, Pierce, CO 80650
Leonel Ornelas and Ana Ornelas-Moreno
IHRF Inc., 6736 E. 123rd Place, Brighton, CO 80650
Hearing Date: June 7, 2022
A Site Specific Development Plan and 2nd 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), 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 District
The W2SW4 of Section 6, T8N, R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 96 and east of and adjacent to CR 37
Size of Parcel: +/- 82.01 acres Parcel No. 0551-06-3-00-024
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Colorado Division of Water Resources, referral dated March 21, 2022
▪ Weld County Office of Emergency Management, referral dated April 27, 2022
▪ Weld County Department of Public Health and Environment, referral dated March 9, 2022
▪ Weld County Department of Planning Services — Development Review, referral dated March 9, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V
Weld County Sheriff's Office, referral dated March 4, 2022
Weld County Zoning Compliance, referral dated March 3, 2022
West Greeley Conservation District, referral dated March 14, 2022
Weld County Oil and Gas Energy Department, referral dated March 10, 2022
Northern Colorado Water Conservancy District, referral dated March 31, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Nunn
Y Colorado Parks and Wildlife
Y Nunn Fire Protection District
Y Weld County Extension Office
▪ Weld County School District RE -9
Y USDA — APHIS State of Colorado Veterinarian
Y State of Colorado, Department of Revenue, Enforcement
Division - Racing
2 M J U SR22-17-0024
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Case Summary:
The original Special Use Permit, USR17-0024, was approved by the Board of County Commissioners on
July 5, 2017, for a Recreational Facility and uses including, Race Tracks and Race Courses (Match Horse
Racing). The original USR Map was recorded on February 2, 2018, per reception No. 4372674.
The first amendment to the USR, 1 MUSR18-17-0024, was approved by the Board of County
Commissioners on April 10, 2019, to modify and/or delete some of the Development Standards to ensure
that the Use by Special Review reflects language found under a similar permitted facility (1 MJUSR17-016-
0029). Development Standard #6 was removed because the County no longer accepts Temporary
Assembly Permits and new Development Standard #6 states that the applicant can have no more than
twenty-four (24) weekend events per year. Development Standard #7 was proposed to be removed as the
applicant didn't feel that the number of employees was needed. New Development #7 and #8 were modified
to reflect the language found under (1MJUSR17-16-0029). Development Standard #10 was removed
because of the language added under revised Development Standard #8. Development Standards #12-16
were removed because these Development Standards have not been required for similar permitted
facilities. Development Standards #10, 11 and 12 were added to address rights -of -way and an
Improvements Agreement. Additionally, Development Standards #28 and 30 were deleted because the site
is not in the Commercial Zone and the limited use justifies portable toilets and bottled water. The Minor
Amendment MUSR map was recorded on August 14, 2019, per reception No. 4514524.
The original USR and the first amendment approved a USR for the training, conditioning, and racing of
horses with no boarding of any of the race horses on the property. There is expected to be no more than
forty (40) horses 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 obstacle course (race track). The Development Standards
have been updated to reflect the addition of these uses. The horse races will also occur on the site but not
at the same time as the truck expo, burnouts, and ATV racing.
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.
Licensed food vendors are proposed to serve food during the events. Trash containers will strategically be
placed throughout the property to ensure proper disposal of trash. Trash crew will be hired to pick up trash
throughout the property during and after the event as well as surrounding roadways leading to property to
prevent littering.
The application materials state that a contracted insured security company will provide security for all
events. The security personnel will inspect vehicles as they come in the property to ensure that no alcohol
nor weapons are brought into the site and provide safety and wellbeing of all spectators, employees and
event participants. 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 areas used for horse racing events.
Alcohol will be sold on property as the applicant has a current alcohol license with the State of Colorado
Department of Revenue. Liquor license number: 03-11931 which authorizes malt, vinous and spirituous
liquor.
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, a truck expo, burnouts, or ATV racing.
The primary access point will be on CR 96 an emergency access point is proposed along CR 37 and the
2 M J U SR22-17-0024
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access that is further to the north is for private/personal uses. Tracking control is required for all publicly
maintained roadways.
A three -wire fence surrounds the site and there will be an inside fence for the track consisting of 2% inch
pipe. The primary access has a gate and adjacent pipe rails to restrict access to the venue.
There will be four hundred (400) parking spaces with ten (10) ADA parking spaces.
The application materials include a Dust Abatement Plan and a Waste Handling Plan. An updated Incident
Plan per the Weld County Office of Emergency Management will be required. This is listed as a Condition
of Approval.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 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.B. 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
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
2 M J U SR22-17-0024
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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 District.
Section 23-3-10 of the Weld County Code is the intent of the Agricultural 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 (Agricultural) Zone District is established to maintain and promote
agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended
to provide areas for the conduct of agricultural activities and activities related to agriculture and
agricultural 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 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 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 mail 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 materials included a Dust Abatement Plan and a Waste Handling
Plan, and the Weld County Office of Emergency Management is requiring an updated Incident
Plan. The Development Standards 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.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
2 M J U SR22-17-0024
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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 District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program. Building 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 prime
agricultural land in the locational decision for the proposed use.
The site consists of two types of soils per the site per the Natural Resources Conservation
Service (N RCS) Web Soil 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 soils 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 soils that have moderately fine texture to
moderately coarse texture. These soils have a moderate rate of water transmission. The
Haverson soil is classified as "Prime farmland if irrigated and either protected from flooding or
not frequently flooded during the growing season" and the Ascalon soil 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 Prime (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 neighborhood 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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a building 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)
2 M J U SR22-17-0024
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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 April 27, 2022. Evidence of such shall
be submitted in writing 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)
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)
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 buildout.
The applicant shall delineate and label on the site map or plat the future and existing
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 right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
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)
9) Show and label the existing permitted access locations, acceptable access width, and
the appropriate turning radii on the site plan. (Development Review)
10) Show and label the approved tracking control on the site plan. (Development Review)
11) Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) 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 -Build or Storage Area" and shall include the calculated
volume. (Development Review)
2MJUSR22-17-0024
Page 6 of 12
13) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
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 building or electrical 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)
2 M J U SR22-17-0024
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ana and Leonel Omelas
2MJU SR22-17-0024
1. 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 District, 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 property owner shall be in compliance with the annual Emergency Incident Plan and work with
the Weld County Office of Emergency Management, Nunn Fire District, and Law Enforcement to
prepare a response plan for all events and ensure that there is notification to those agencies prior
to the event to plan for any consequence management (Incident Plan). (Office of Emergency
Management)
4. The Use by Special Review permit shall not be transferrable to any successors in interest to the
prescribed 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)
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,
security, 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. - April 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. During 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, security, and emergency personnel. (Department
of Planning Services)
11. The number of security personnel on -site will be two (2) security personnel for the first one hundred
(100) participants one (1) additional security 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)
2MJU SR22-17-0024
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13. Fire extinguishers shall be on site especially during 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 rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior 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)
2 M J U SR22-17-0024
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31. This facility shall adhere to the maximum permissible 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
appropriate. (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 private streets. No colored
lights may be used which may be confused with, or construed as, traffic control devices.
36. Building 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 Electrical Code. A Building 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 Engineering 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.
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 carried 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.
2 M J U SR22-17-0024
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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 original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written 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 critical 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 agriculture. 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.
Agricultural 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 agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline 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.
2 M J U SR22-17-0024
Page 11 of 12
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 which must 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 dwellers 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 irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, territorial 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.
2 M J U SR22-17-0024
Page 12 of 12
April 20, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Ana Ornelas-Moreno
6736 E 123RD PL
BRIGHTON, CO 80650
Subject: 2MJUSR22-17-0024 - A Site Specific Development Plan and 2nd Amended 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 a
Commercial Recreational Facilities (truck expo shows), Event Facility (live music), 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
On parcel(s) of land described as:
PT W2SW4 SECTION 6, T8N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 07, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 22, 2022 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
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 needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten 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 and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
ajt(14)
Diana Aungst
Planner
Diana Aungst
Subject: FW: Clarification
Attachments: image001 jpg
From: Ana Ornelas <lachikisss23@gmail.com>
Sent: Wednesday, April 27, 2022 10:27 AM
To: Diana Aungst <daungst@weldgov.com>
Subject: Re: Clarification
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning Diana!
Hope you are well.
Question 1: In looking at the hours of operation the current application state - The hours of operation are Saturday or
Sunday - 8:00 a.m. - 8:00 p.m. - May 1 to October 31. There will be five (5) — one (1) day events per year.
The previous hour of operation stated - The horse racing events shall be limited to no more than twenty-four (24)
weekends annually.
Do you want both of these to remain as development standards? Are you still going to have horse racing on the site?
Answer 1: Yes, I'll still be doing horse races. (Not happening simultaneously) For the purpose of this new application
stated that no more than 5 events will be held during those months because I don't want to conduct more than that.
just want horse racing development standards and this new application to be taken separately with independent
standards. I don't want anything to be changed on my already approved standards that I have for horse racing.
Question 2: Do you still have a three -wire fence that surrounds the site and an inside fence for the track consisting of 23/
inch pipe?
Answer 2: Yes, all is the same. Only different thing added is the burnout pit.
Question 3: Will you have the ambulance on the site even if you do not have 350 people in attendance?
Answer 3: Yes I will.
Question 4: The current application states that there will be no more than 1,000 people on site but the previous
application states 2,000. It the number 1,000 now?
Answer 4: For the ATV /truck show yes.Yes.. 1k people is the number.
On Wed, Apr 27, 2022, 9:54 AM Diana Aungst <daungst@weldgov.com>wrote:
Hi Ana:
Hope you are well. In looking at the hours of operation the current application state - The hours of operation
are Saturday or Sunday - 8:00 a.m. - 8:00 p.m. - May 1 to October 31. There will be five (5) — one (1) day
events per year.
i
The previous hour of operation stated - The horse racing events shall be limited to no more than twenty-four
(24) weekends annually.
Do you want both of these to remain as development standards? Are you still going to have horse racing on
the site?
Do you still have a three -wire fence that surrounds the site and an inside fence for the track consisting of 2%
inch pipe?
Will you have the ambulance on the site even if you do not have 350 people in attendance?
The current application states that there will be no more than 1,000 people on site but the previous application
states 2,000. It the number 1,000 now?
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80639
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst(a�weldgo v. com
www.weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
Diana Aungst
Subject: RE: Clarification
From: Ana Ornelas <lachikisss23@gmail.com>
Sent: Wednesday, April 27, 2022 12:20 PM
To: Diana Aungst <daungst@weldgov.com>
Subject: Re: Clarification
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
But music won't be onsite on every event. Mostly for Truck shows.
On Wed, Apr 27, 2022, 12:15 PM Ana Ornelas <lachikisss23@gmail.com>wrote:
Yup...that's why I asked for live music.
On Wed, Apr 27, 2022, 11:00 AM Diana Aungst <daungst@weldgov.com>wrote:
Hi Ana:
Do you expect to have live music with any type of event — horse racing or truck expo/ATV racing?
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst(a� weld gov.com
www.weldqov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it
is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Hello