HomeMy WebLinkAbout20210752.tiff EXHIBIT
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BEFORE THE WELD COUNTY . COLORADO , PLANNING COMMISSION uSi<X —pc 38
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille , 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 : USR20-0038
APPLICANT: BARTON LAND AND CATTLE , INC . C/O BRIAN AND DENISE BARTON
PLANNER : MICHAEL HALL
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR COMMERCIAL RODEOS AND COMMERCIAL ROPING ARENAS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION LOT B 1AMRECX19- 13-0078 , PART N2NE4 SECTION 8 . T4N . R64W OF THE 6TH
P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 48 : WEST OF AND ADJACENT TO CR
53 .
be recommended favorably to the Board of County Commissioners for the following reasons :
1 . The submitted materials are compliant 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 [Weld County
Comprehensive Plan ] and any other applicable code provisions or ordinance in effect .
Section 22-2 - 10 . A. states : " Respecting Our Agricultural Heritage . Weld County has an
agricultural heritage built upon the hard work of pioneers and farms on traditional family
farms . Weld County is now one of the most economically productive agricultural counties in
the nation . The Weld County Right to Farm Statement and the Goals and Objectives in [the
Comprehensive] Plan support the importance of agriculture in the County"
The proposed use is an agricultural activity . Specifically , it is a facility designed for western -
style sports such as barrel racing , rodeos and roping , activities that are inherent to the
agricultural heritage of Weld County . These activities have successfully co- existed with and
originated from production agricultural and ranching practices .
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 . — Intent , of the Weld County Code 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 code section supports the proposed USR operation . which hosts western- style sports .
being an agricultural activity that requires both livestock and large areas of semi-developed
land to host the events .
Section 23-3-40 . E . — Uses by special review , of the Weld County Code includes ,
" commercial rodeos and commercial roping arenas . "
This code section allows the applicant to apply for specific activities that may be perceived
as having a greater intensity of use , thereby requiring a use by special review permit . The
subject USR involves the usage of the property for hosting commercial barrel racing , rodeos
and roping events at the existing roping arena on- site .
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC. C/O BRIAN AND DENISE BARTON
PACE 2
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 are zoned A (Agricultural). The surrounding land uses consist of
agricultural, rural residential uses, sporadic businesses and oil and gas encumbrances. The
closest residence is approximately 630 feet southwest of the arena. The next closest three
(3) residences are approximately 780 to 980 feet north of the arena. The Big Sky Estates
PUD residential subdivision is located approximately 0.2 miles north of the arena. There are
several existing USRs within one ( 1 ) mile of the site including: USR 19-0039 - home
business; USR-1137 - airstrip; USR20-0001 - multi -family dwelling; USR17-0076 - ag and
horticulture service business; USR-566 - ag and pallet service business; MUSR14-0029 -
mineral resource development facility; USR11-0002 - oil and gas support and service; Am
USR-1140 - dairy.
Weld County Department of Planning Services staff sent notice to fifteen (15) surrounding
property owners within 500 feet of the proposed USR boundary. One { 1 } letter in opposition
was received from an attorney representing the property owner directly to the west. The
residence on this adjacent property is approximately 2,000 feet away from the USR parking
area and 2,700 feet away from the USR arena. The opposition letter expressed concerns
about the application, specifically that third -party companies will manage roping events,
inconsistencies in the application regarding hours of operation and lighting, a lack of traffic
study, drainage concerns and the potential for run-off to impact the S PO property and other
nuisances such as noise, congestion and outsiders.
Due to the rural nature of the surrounding land uses, the facility appears to be compatible
with the area and should not detract from other landowners' ability to enjoy or use their
properties. The existing layout of the site is not changing and this USR does not propose any
new structures.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected
municipalities.
A small portion of the site is located within the Town of Kersey Coordinated Planning
Agreement boundary. Kersey returned a referral response dated October 27, 2020 and had
no objections to the proposal.
The site is located at far southern reach of the Town of Kersey three (3) mile municipal
referral radius. Kersey returned a referral response dated December 23, 2020 and marked
no concerns with this application.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area
identified by maps officially adopted by the county.
The proposed facility is not located within a regulatory floodplain, Municipal Separate Storm
Sewer System (MS4) area, Greeley -Weld County Airport Overlay District, Geologic Hazard
Overlay District or Historic Townsite 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, 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.
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC. C/O BRIAN AND DENISE BARTON
PACE 3
The site does not contain Prime Farmlands. Specifically, the on -site soils underlaying the
area where the USR will occupy are predominately "Terry fine sandy loam and Vona loamy
sand" which are classified as "Not prime farmland" per the USDA Natural Resources
Conservation Service (MRCS) Custom Soil Report prepared November 6, 2020 and
submitted in the application materials. Similar findings are presented in the West Greeley
Conservation District referral, dated January 11, 2021. The proposed USR will not remove
any irrigated agricultural land from production.
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 Cade), 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.
The Colorado Division of Water Resources, Weld County Public Health and Environment,
Weld County Public Works, Weld County Office of Emergency Management and West
Greeley Conservation District referrals provide additional background and advisory
information regarding designing and operating the site to protect with the interests of the
County, public and other governmental agencies. Additionally, the existing landscaping and
screening and Emergency Action Plan will assist in mitigating impacts of the facility an the
adjacent properties and ensure compatibility with surrounding land uses.
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. Prior to recording the map:
A. The applicant has indicated that events may occur on weekends and some possible weekdays,
six (6) months or less per year. The applicant shall submit a plan for their selected sewage
disposal source, whether that may be permitting the existing septic system for commercial use or
providing on -site portable toilets in accordance with Weld County Environmental Health policy, as
detailed in Development Standards ##20, 21 and 22. (Department of Planning Services)
B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to, dust control and damage repair to specified travel routes. (Department of Public
Works)
C. The map shall be amended to include the following:
1 } All sheets of the map shall be labeled USR20-0038. (Department of Planning Services)
2} The attached Development Standards. (Department of Planning Services)
3} The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4} Show and label any existing and proposed structures, equipment, loading areas,
designated spectator areas, storage areas and any other miscellaneous improvements.
(Department of Planning Services)
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC. C/O BRIAN AND DENISE BARTON
PACE 4
Show and label the location of any existing buffering, landscaping, screening, fencing
and dates. Include specification details on the USR map. Refer to Section 23-2-
240.A.10. of the Weld County Code. (Department of Planning Services)
Show and label the location of the site signage. Include sign specification details on the
USR map. Refer to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and
Appendices 23-C, 23-D and 23-E of the Weld County Code. Sign dimensions shall
adhere to the Weld County Sign Code. (Department of Planning Services)
Show and label the location of the trash collection areas. Include specification details on
the USR map. Refer to Section 23-2-240.A.13. of the Weld County Cade for design
criteria. (Department of Planning Services)
Show and label any on -site lighting. All lighting shall be downcast and shielded so that
light rays will not shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for
design criteria. (Department of Planning Services)
Show and label the on -site parking with surface type and identity any specific areas for
participants, spectators, vendors, private use, et cetera. Refer to Chapter 23, Article IV,
Division 1 of the Weld County Cade for design criteria. (Department of Planning
Services)
10) Show and label the setback radiuses for existing oil and gas tank batteries and
wellheads. Setback requirements are located in Section 23-3-70.E. of the Weld County
Code. (Department of Planning Services)
11) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
12) County Road 48 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. (Department of Public Works)
13} County Road 53 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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. (Department of Public Works)
14) Show and label the approved access locations, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain an access permit in
the approved location prior to operation. (Department of Public Works)
15) Show and label the approved tracking control on the site plan. (Department of Public
Works)
16) 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.
(Department of Public Works)
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC. C/O BRIAN AND DENISE BARTON
PACE 5
17) Show and label the drainage flow arrows. (Department of Public Works)
18} Show and label the parking and traffic circulation flow arrows showing how the traffic
moues around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1 ) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260►.D of the Weld County Cade. The Mylar map
and additional requirements shall be submitted within one hundred twenty (126) 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 Weld County Code Ordinance ##2612-3, approved April 36, 2612, should the map
not be recorded within the required one hundred twenty (126) days from the date of the Board of
County Commissioners Resolution, a $50►.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Operation:
A. An access permit, specific to the proposed use, shall be obtained. (Department of Public Works)
B. The tracking control shall be constructed. (Department of Public Works)
C. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of
Emergency Management and the Platte Valley Fire Protection District. The plan shall be
reviewed on an annual basis by the, Facility operator, the Fire District and the Weld County
Office of Emergency Management. Submit evidence of acceptance to the Weld County
Department of Planning Services. (Office of Emergency Management)
5. 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)
Motion seconded by Sam Cluck.
MOTE:
For Passage Against Passage
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Troy Mellon
Absent
Tom Cope
Dwaine Barclay
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC. C/O BRIAN AND DENISE BARTON
PACE 6
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPS'
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 March 2, 2021.
Gated the 2nd of March, 2021
then?, ot%9 Witte -
Michelle Wall
Secretary
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC . C/O BRIAN AND DENISE BARTON
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Barton Land and Cattle, Inc.
USR20-0038
1 . A Site Specific Development Plan and Use by Special Review, USR26-6038, for Commercial Rodeos
and Commercial Roping Arenas 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. Events shall be conducted during daylight hours only. ( Department of Planning Services)
4. Events are limited to weekends and on one weekday immediately preceding or following the
weekend . (Department of Planning Services)
5. Events are limited to a seasonal basis within a six (6) month period from April 1st to September 30th of
a given year. ( Department of Planning Services )
6. The number of special event attendees (including participants , spectators and vendors not including
property owners and event company staff) shall be limited to one hundred and fifty ( 150) at any given
time. (Department of Planning Services)
7. The maximum number of on-site animal units shall be limited to the maximum animal units allowed
as a use by right on this parcel . (Department of Planning Services)
8 . The number-of-on--it- security personnel-during-events shall be-two (2 )--security_personnel . The
secu-rit -personnel shall be-licensed-and bonded ._(D-epart-men -o-f--Planning Services)
e-(-1-)-ambulanceand_two (2) persons-trained--in- ergen-c -medical-s_er-vi s shall-be-on-site
during any event. A clean , sanitary enclosure where medical treatment may be rendered , shall be
available on site during any event. (Department of Planning Services )
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Services )
11 . The internal site layout and any area of the property open to the public including but not limited to the
arena , restrooms , parking area , shall be maintained and orderly. ( Department of Planning Services)
12 . The existing landscaping and screening shall be maintained . (Department of Planning Services)
13 . Event and parking management staff shall be present during all events . ( Department of Planning
Services )
14 . All signs shall adhere to Section 23-2-240 .A. 12 , Chapter 23, Article IV, Division 2 and Appendices
23-C , 23- D and 23- E of the Weld County Code. ( Department of Planning Services)
15 . Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan . 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 . (Department of Planning
Services )
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC . C/O BRIAN AND DENISE BARTON
PAGE 8
16 . The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives of the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services .
(Office of Emergency Management)
17 . 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 . (Departmentof Public
Health and Environment)
18 . 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)
19 . 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)
20 . 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)
21 . 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)
22 . Adequate drinking , hand washing , and toilet facilities shall be provided for employees and patrons of
the facility at all times. Temporary uses that are utilized 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, contain hand sanitizers and be screened from public view. ( Department of
Public Health and Environment)
23 . Sewage disposal for the facility shall be by an on-site wastewater treatment system . Any system
located on the property must comply with all provisions of the Weld County Code, pertaining to On-
site Wastewater Treatment Systems . A permanent, adequate water supply shall be provided for
drinking and sanitary purposes . (Department of Public Health and Environment)
24 . Any additional hydraulic load to the existing On-site Wastewater Treatment System (SP-9600459) will
require an evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation
shall be submitted to the Weld County Environmental Health Department. In the event the system is
found to be inadequate, the system must be brought into compliance with current Weld County On-
site Wastewater Treatment System Regulations . (Department of Public Health and Environment)
25 . 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)
26 . The facility shall adhere to the maximum permissible noise levels allowed in the commercial zone as
delineated in 25- 12- 103 C . R . S. (Department of Public Health and Environment)
27 . 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)
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC . C/O BRIAN AND DENISE BARTON
PAGE 9
28 . 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 . (Department of Public Works)
29 . The access to the site shall be maintained to mitigate any impacts to the public road , including
damages and/or off-site tracking . (Department of Public Works)
30 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be utilized .
(Department of Public Works)
31 . 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. (Department of Public Works)
32 . The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works )
33 . The Road Maintenance Agreement for this site may be reviewed on an annual basis , including a site
visit and possible updates . (Department of Public Works )
34 . The historical flow patterns and runoff amounts on the site will be maintained . (Department of Public
Works)
35 . Weld County is not responsible for the maintenance of onsite drainage related features . (Department
of Public Works)
36 . Building permits shall be required for any new construction (buildings and/or structures ) per Section
2g-3- 10 of the Weld County Code. A building permit application must be completed and submitted .
Buildings and structures shall conform to the requirements of Chapter 29 of the Weld County Code,
and the adopted codes at the time of permit application . Currently, the following have been adopted
by Weld County: 2018 International Building Codes ; 2006 International Energy Conservation Code;
2017 National Electrical Code . (Department of Building Inspection)
37 . A complete code analysis prepared by a registered design professional is required and shall be
submitted with all Commercial Building Permit Applications to Weld County. A Floor Plan shall be
submitted showing room dimensions, room uses , along with details showing compliance with
Accessibility requirements and currently adopted building codes . (Department of Building Inspection)
38 . All new Commercial Building Projects require Fire District Notification (letter or email form). Proof
shall be submitted with Commercial Permit applications. Final Fire District Approval is also required
prior to issuing a Certificate of Occupancy. ( Department of Building Inspection)
3911 . 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 .
40 . 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 .
41 . 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 USR20-0038
BARTON LAND AND CATTLE, INC . C/O BRIAN AND DENISE BARTON
PAGE 10
42 . 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.
43. WELD COUNTY' S RIGHT TO FARM STATEMENT: 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.
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 .
RESOLUTION USR20-0038
BARTON LAND AND CATTLE, INC. C!O BRIAN AND DENISE BARTON
PAGE 11
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, sand burs, 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.
EXHIBIT
PC NI VI UgAts
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING US Ra.0 ---00s8
a v2-0a-A Tuesday . March 2 , 2021
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 Chair ,
Elijah Hatch , at 12 : 30 pm .
Roll Call .
Present : Gene Stille , Lonnie Ford , Elijah Hatch , Skip Holland , Sam Gluck , Butch White , Troy Mellon .
Absent : Tom Cope . Dwaine Barclay .
Also Present : Michael Hall , Department of Planning Services ; Lauren Light , Department of Health ; Mike
McRoberts , and Melissa King . Department of Public Works : Bob Choate . County Attorney , and Michelle
Wall , Secretary .
Motion : Approve the February 16 . 2021 Weld County Planning Commission minutes , Moved by Gene
Stille , Seconded by Skip Holland . Motion passed unanimously .
CASE NUMBER : USR20-0038
APPLICANT: BARTON LAND AND CATTLE . INC . C/O BRIAN AND DENISE BARTON
PLANNER : MICHAEL HALL
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR COMMERCIAL RODEOS AND COMMERCIAL ROPING ARENAS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT B 1AMRECX19- 13-0078 . PART N2NE4 SECTION 8 , T4N , R64W OF THE
6TH P . M . . WELD COUNTY . COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 48 ; WEST OF AND ADJACENT TO CR
53
Michael Hall , Planning Services , presented Case USR20- 0038 , reading the recommendation and
comments into the record . Planning staff received two letters in opposition from surrounding property
owners . One letter was from an attorney representing the property owner directly to the west . The
residence on this adjacent property is approximately 2 , 000 feet away from the USR parking area and 2 . 700
feet away from the USR arena . The opposition letter expressed concerns about the application , specifically
that third- party companies will manage roping events , inconsistencies in the application regarding hours of
operation and lighting , a lack of traffic study , drainage concerns and the potential for run - off to impact the
SPO property and other nuisances such as noise , congestion and outsiders . The second letter sharing
similar concerns was received from the property owner directly south and adjacent to the applicant and is
approximately 630 feet southwest from the USR arena . Concerns about drainage , dust, noise , lighting ,
traffic and neighborhood disturbance . The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Commissioner Stille asked staff about the lighting . Mr. Hall explained that there is existing lighting on the
property . There is no additional lighting being proposed and there is no pole lighting around the arena . Mr.
Hall explained there is building mounted lighting on the loafing sheds and on the public restroom entrance .
Denise Barton , 27495 County Road 46 , Kersey , Colorado . Ms . Barton said her, and her husband
purchased the property approximately two and a half years ago . She explained that they hired a real estate
agent to help them with amending a recorded exemption on the property . The real estate agent told them
that they had to vacate the existing USR on the property . After COVID hit and roping and barrel racing
arenas closed , several people came to them to ask if they could have barrel racing on their property . Ms .
Barton said she thought the section of her property that had the arena on it . still had the USR and only the
second lot they didn't use was vacated. She explained she is reapplying for the same use of the previous
USR.
Ms. Barton said barrel racing usually begins around 11:00 a.m. and ends around 3:00 p.m. She explained
barrel racers leave once they are done so they do not stay that whole time. Ms. Barton said they do not
plan on having roping on site. She said she is very particular about her property and will have a third party
clean up after each event.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Cody Peterson, 22971 County Road 53, Kersey, Colorado. Mr. Peterson said they have lived on their
property for approximately 10 years. He said the previous USR did not affect them because no events
were held since they have lived there. Mr. Peterson explained that he is on oxygen and is concerned about
the increase in dust. He said he would like them to mag chloride County Road 48. Mr. Peterson stated he
doesn't feel it is fair that he has to lock up his animals because more traffic will come onto his property in
error or to turn around. He voiced concerns with trash from events and said he would like the arena to be
watered down with a water truck.
Commissioner White asked Mr. Peterson if he felt better signage on the applicant's part could help solve
people coming onto his property in error. Mr. Peterson said doesn't think it would help because people
don't pay attention and come onto his property all the time. He said they have signs already. Mr. Peterson
said the only thing he thinks would prevent the traffic on his property is putting up gates and he doesn't feel
that is fair to make his expense.
Commissioner Holland asked Mr. Peterson to explain how he thought mag chloride would help control dust
issues. Mr. Peterson said it is similar to oiling down the road and he said it does help control dust. The
Chair asked staff to reference mag chloride. Ms. King explained that mag chloride is used in dust control
and that Public Works is requesting a road maintenance agreement for County Road 48. She said the road
maintenance agreement includes dust control and damage repair to that travel route.
Commissioner Mellon asked how far down County Road 48 does the maintenance agreement cover. Staff
said she needed time to research.
Wendy Winter, 405 Trailwood Drive, Windsor, Colorado and 22625 County Road 53, Kersey, Colorado.
Ms. Winter said her family resides south and adjacent to the applicant. She said the planned use of the
property is clearly commercial and does not fit into the habitus of the existing agricultural community. Ms.
Winter said she objected to the previous USR-1224 as she does now. She said since the property was
purchased by Barton Land and Cattle, an unwanted change to the peaceful rhythm and nature of the
community has occurred.
Ms. Winter voiced concerns with drainage. She said in 1998-1999 when there was a series of big storms,
her basement ended up flooding from run-off from this property. Ms. Winter said she placed a complaint
with Weld County which compelled the former property owner to construct a holding pond. She said the
pond has not been maintained.
Ms. Winter also discussed her concerns with dust, noise, lighting, and traffic. She asked the Planning
Commission to deny the application because their community does not feel it is fair to have their quality of
life compromised.
Commissioner Mellon asked Ms. Winter if her primary address is in Windsor. Ms. Winter responded that
her primary residence is the Kersey home. She said she has remarried and works in Windsor. Ms. Winter
said she goes back and forth but uses the Windsor address as her mailing address.
Ms. Barton said that she doesn't think Ms. Winter lives in the Kersey house because her ex-husband and
children live there. She said that the previous owners had a feedlot on the property and had roping steers
which caused the issues with manure, parking, etc. Ms. Barton said there are approximately 20 barrel
races a year and she feels that isn't as bothersome as if they would decide to use their property for raising
cattle.
Ms. Barton addressed the concerns from Mr. Peterson. She said that she is concerned for his health but
that his property is all dirt. Ms. Barton said when the wind blows, it normally blows from the north to the
south, they get dust from his property.
Commissioner Stille asked the applicant about the lighting that the neighbors complained about. Ms. Barton
said her daughter lives on the property and has ten horses. She said there are four lights by the horse
stalls so when her daughter takes care of the horses at night, the lights are on. Once she is done, she
turns the lights off. Ms. Barton said there is one flood lamp.
Commissioner Stille asked Ms. Barton to address the drainage issue. Ms. Barton said the lagoon from the
previous owner is there because he had run off from manure. She said she will not have any sitting manure
on her property. After an event, the manure is required to be cleaned up by a third -party. Commissioner
Stille asked if there is any water in the lagoon. Ms. Barton said there is not a drop of water in it.
Commissioner Stille asked Ms. Barton to address dust. She responded that they would have a water truck.
Ms. Barton said that barrel racers are very picky about the ground and it has to be just right.
Commissioner Mellon asked how is big the property. Mr. Hall responded it is 58 acres.
Commissioner Holland addressed the slope of the property and asked which way the water flows. The
Chair said that County Road 48 is the peak of the hillside and water should flow south from County Road
48.
Commissioner Gluck asked staff how the majority of barrel racing facilities are zoned, Agricultural or
Commercial. Mr. Hall responded they are zoned Agricultural.
Commissioner Mellon asked staff if they had the answer to his maintenance agreement question. Ms. King
said ten percent of the traffic will be going west on County Road 48 and would continue until that traffic got
to County Road 49. Commissioner Mellon asked how far that is. Mr. Hall responded it is two miles.
Commissioner Gluck made a comment that the tax address for Ms. Winter's Kersey property is addressed
to the Windsor residence.
Commissioner Holland asked staff if they required a drainage plan for this project. Ms. King said the
applicant was required to provide a drainage narrative that proved that they met a detention exception for
no change in impervious to the site. Commissioner Holland asked staff for the measurements of the slope.
Ms. King responded that the slope goes from the northwest to the southeast of the property. She said the
northwest high point is at approximately 4786 feet above sea level and the southeast corner of the parcel
is at approximately 4756 feet above sea level.
Commissioner Mellon said he is concerned about the traffic. He asked if Public Works has done a site visit
to see if signage is needed for truck turning, additional auxiliary lanes, or lower speed limits are needed.
Ms. King explained that there are currently not any plans for any of these. She said this USR is for six
weekends out of the year and would not change the triggers.
Commissioner Gluck mentioned that he lives in rural Weld County in that direction, and that traffic during
the week tends to be commercial vehicles and oil and gas trucks. He said weekend traffic is lighter and
seems safer on the weekends.
Mr. Hall explained that the Planning Commission could refine the development standards if they would
choose to do that. The Planning Department did not feel the need to do so.
The Chair asked Ms. Barton how many events she plans to have in any given season and also how many
contestants and spectators during any given season. Ms. Barton said the events are normally held between
the months of April and September. She said it should never exceed over 20 days a year. Ms. Barton said
there will never be over 50 contestants and spectators on the property at one time. She explained that
barrel racers leave the site once they are done with their run. Contestants are allowed a half hour warm
up before their run.
Commissioner Ford asked staff why Development Standard 8 was required and wondered why they would
need to have two security personnel on site. Staff explained that Development Standards 8, 9 and 10 are
typical standards that are included for rodeos, roping, team racing or other events where the public comes
onto a property and there is a chance for injury or something going wrong. Mr. Hall explained that this case
does require the property owner to have an emergency action plan with the fire district.
Motion: Amend Development Standard 5 to read, "Events are limited to a seasonal basis within a 6 month
period from April 1s' to September 30'" of a given year not to exceed 18 days." Moved by Troy Mellon.
The motion failed due to lack of a second.
Commissioner Stille stated that he was opposed to the motion. Commissioner Stille said the County is
complaint driven and does not see how the amount of 18 days would be patrolled.
Motion: Delete Development Standards 8, 9 and 10. Moved by Gene Stille, Seconded by Lonnie Ford.
Motion passed unanimously.
The Chair asked the applicant if they have read through the Amended 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 USR20-0038 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Gene Stille, Seconded by Sam Gluck. Vote: Motion carried by unanimous roll call
vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Troy Mellon.
Commissioner Mellon mentioned that the applicant made a comment that they could raise cattle instead of
barrel racing. He said that per code the applicant could put 232 large animals on their property.
Commissioner Mellon feels this USR is a reasonable request and much less detrimental then raising cattle.
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 3:05 pm.
Respectfully submitted,
Michelle Wall
Secretary
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