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Home My WebLink About20210753.tiffPlanner: Michael Hall Case Number: USR20-0088 USE BY SPECIAL REVIEW PERMIT STAFF COMMENTS Hearing Date: March 2, 2021 Owner: Barton Land and Cattle, Inc. cio Brian and Denise Barton 27495 County Road 46, Kersey, CO 80644 Site Address: 22895 County Road 58, Kersey, CO 80644 Request: A Site Specific Development Plan and Use by Special Review for Commercial Rodeos and Commercial Roping Arenas outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Lot B of Amended Recorded Exemption 1AMRECXI9-18-0078; being a part of the Description: N2N E4 of Section 8, T4N, R64W, of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 48; unrest of and adjacent to County Road 58 Acreage: +/- 58 acres Parcel No. 1068-08-1-00-066 The criteria for review of this Special Review Permit is listed in Section 28-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ■ West Greeley Conservation District, referral dated January 11, 2021 ■ Colorado Division of Water Resources, referral dated December 15, 2020 ■ Weld County Department of Public Works, referral dated December 16, 2020 ■ Weld County Office of Emergency Management, referral dated January 27, 2021 ■ Weld County Department of Public Health and Environment, referral dated January 5, 2021 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ■ Town of Kersey, referral dated December 28, 2020 ■ Colorado Parks and Wildlife, referral dated December 18, 2020 ■ Weld County Zoning Compliance, referral dated December 15, 2020 ■ Platte Valley School District RE -7, referral dated December 14, 2020 ■ Central Weld County Water District, referral dated December 12, 2020 ■ Platte Valley Fire Protection District, referral dated December 12, 2020 ■ Weld County Sheriff's Office, referral dated referral dated December 29, 2020 The Department of Planning Services' staff has not received responses from the following agencies: ■ Weld County Assessor's Office ■ U.S. Department of Agriculture - Animal and Plant Health Inspection Service USR2a-0038 - Barton Land and Cattle, Inc. Page 1 of 12 CASE SUMMARY: The property owners are requesting a Site Specific Development Plan and Use by Special Review ( USR) Permit for a Commercial Rodeo and Commercial Roping Arena , which is a permittable use per Section 23-3-40. E of the Weld County Code. Specifically, for a barrel racing facility and for other rodeos and equestrian events . This property was originally permitted for a Public Recreational Facility (Roping Arena) by Use by Special Review permit number USR- 1224, recorded March 8, 2000, reception #2754165 . During the course of subsequent new and amended recorded exemptions on the property, USR- 1224 was partially vacated in 2014 and was later completely vacated at the request of the applicant in 2019 by Board of County Commissioners Resolution 2019-3750. The property owners were unaware of the full implications of the complete USR vacation . As a result, the property owners seek to re-permit the roping facility, that will operate in the same way as it had historically, through a new Use by Special Review process . The application materials indicate that the property will host approximately four (4) to six (6) events per year, during summer months , primarily on weekends , with single events potentially occurring over consecutive days . Events will include approximately fifty ( 50) participants and fifty (50) spectators at any given time. Ten ( 10) to fifteen ( 15) horses owned by the property owners and family are normally located on-site. Approximately fifty (50) additional horses owned by event participants may be located on-site during events . Events will be organized and run by a third-party roping event contracting company under the general supervision of the property owners . Events are expected to occur between 7: 00 a .m . to 7: 00 p. m . No events will take place after dark. Events will be conducted as weather permits . One ( 1 ) existing approximately 275-foot by 180-foot outdoor arena is located in the southeast portion of the site and has previously been used for personal and commercial use . Bottled water and screened portable toilets may be used as this is a limited and seasonal use. The existing Central Weld County Water District tap can be used for commercial use . A restroom , that is intended to serve the public, is located inside an existing structure which also contains personal (residential and shop) components . In order for visitors to use the exiting public restroom , the existing on-site wastewater treatment system must be expanded and properly permitted , including the need for appropriate as-built building permits . Alternatively, portable toilets may be used for no more than six (6) months per year, on a seasonal basis . An existing , thirteen ( 13) square-foot sign adjacent to County Road 53 will remain . Tractors and a water truck will be used for arena and parking preparation and dust control . An existing dumpster and trash cans will be located on-site on event days . Stockpiled manure will be removed on a monthly basis for land application on off-site farms . An existing gravel parking area is located west of the arena and contains enough parking for approximately one hundred ( 100) trucks and livestock trailers . Food trucks and other licensed food vendors may be present during events . Loudspeakers for announcing will be utilized . An existing on-site residence and personal/agricultural outbuildings and activities are present on-site and are not part of the USR request. The arena is surrounded by existing steel pipe fencing and gates . Existing white vinyl fencing is located around the residence, public restroom and shop and existing barbed wire fencing is located around the property. Existing and mature vegetation is located around the residence in the center of the site . No other landscaping or screening is proposed or recommended . All site components are existing . No new structures , arenas , parking , access changes , lighting , signage , fencing or landscaping are proposed . No fuel storage is proposed . No washing of vehicles or equipment is proposed . No warehousing is proposed . DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 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 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. USR2Q-0038 - Barton Land and Cattle, Inc. Page 2 of 12 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. 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: USR19-0039 - home business ; USR- 1137 - airstrip ; USR20-0001 - multi-family dwelling ; USR17-0076 - ag and horticulture service business ; USR-556 - 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 SPO property and other nuisances such as noise , congestion and outsiders . USR2Q-0038 - Barton Land and Cattle, Inc. Page 3 of 12 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 . 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 ( N RC S) 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 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. 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 on 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 . USR2Q-0038 - Barton Land and Cattle, Inc. Page 4 of 12 THE DEPARTMENT OF PLANNING SERVICES' STAFF 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 ##26, 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-Q038. (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) 5} Show and label the location of any existing buffering, landscaping, screening, fencing and gates. Include specification details on the USR map. Refer to Section 23-2- 240.A.10. of the Weld County Code. (Department of Planning Services) 6} 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 2, 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 Code for design criteria. (Department of Planning Services) 8} 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 Code for design criteria. (Department of Planning Services) 1Q} 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) USR20-0038 - Barton Land and Cattle, Inc. Page 5 of 12 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) 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 moves 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 Code . The Mylar map 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 Weld County Code Ordinance #2012-3, approved April 30, 2012 , should the map not be recorded within the required one hundred twenty ( 120) 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) USR2Q-0038 - Barton Land and Cattle, Inc. Page 6 of 12 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) USR2Q-0038 - Barton Land and Cattle, Inc. Page 7 of 12 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, USR2g-0038, 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 15' 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 -site security personnel during events shall be two (2) security personnel. The security personnel shall be licensed and bonded. (Department of Planning Services) 9. One (1 ) ambulance and two (2) persons trained in emergency medical services 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) 10. One (1) State of Colorado Licensed Veterinarian not related by blood, marriage or friendship to any property owner, applicant, or participant shall be on -site during any event. (Department of Planning 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 23-2-24g.A.12, Chapter 28, Article IV, Division 2 and Appendices 23-C, 28-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) USR2Q-0038 - Barton Land and Cattle, Inc. Page 8 of 12 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 . ( Department of 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) 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 ) USR2Q-0038 - Barton Land and Cattle, Inc. Page 9 of 12 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 29-3- 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) 39 . 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 . USR20-0038 - Barton Land and Cattle, Inc. Page 10 of 12 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 COUNTYS 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 . USR2Q-0038 - Barton Land and Cattle, Inc. Page 11 of 12 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 poorer 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. USR2Q-0038 - Barton Land and Cattle, Inc. Page 12 of 12 Planner: Michael Hall Case Number: USR20-0038 Owner: USE BY SPECIAL REVIEW PERMIT STAFF COMMENTS Hearing Date: March 2, 2021 Barton Land and Cattle, Inc. c/o Brian and Denise Barton 27495 County Road 46, Kersey, CO 80644 Site Address: 22895 County Road 53, Kersey, CO 80644 Request: Legal Description: Location: Acreage: A Site Specific Development Plan and Use by Special Review for Commercial Rodeos and Commercial Roping Arenas outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Lot B of Amended Recorded Exemption 1AMRECX19-13-0078; being a part of the N2NE4 of Section 8, T4N, R64W, of the 6th P.M., Weld County, Colorado South of and adjacent to County Road 48; west of and adjacent to County Road 53 +/- 58 acres Parcel No. 1053-08-1-00-056 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ■ West Greeley Conservation District, referral dated January 11, 2021 ■ Colorado Division of Water Resources, referral dated December 15, 2020 ■ Weld County Department of Public Works, referral dated December 16, 2020 ■ Weld County Office of Emergency Management, referral dated January 27, 2021 ■ Weld County Department of Public Health and Environment, referral dated January 5, 2021 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ■ Town of Kersey, referral dated December 23, 2020 ■ Colorado Parks and Wildlife, referral dated December 13, 2020 ■ Weld County Zoning Compliance, referral dated December 15, 2020 ■ Platte Valley School District RE -7, referral dated December 14, 2020 ■ Central Weld County Water District, referral dated December 12, 2020 ■ Platte Valley Fire Protection District, referral dated December 12, 2020 ■ Weld County Sheriff's Office, referral dated referral dated December 29, 2020 The Department of Planning Services' staff has not received responses from the following agencies: ■ Weld County Assessor's Office ■ U.S. Department of Agriculture - Animal and Plant Health Inspection Service USR20-0038 - Barton Land and Cattle, Inc. Page 1 of 11 CASE SUMMARY: The property owners are requesting a Site Specific Development Plan and Use by Special Review (USR) Permit for a Commercial Rodeo and Commercial Roping Arena, which is a permittable use per Section 23-3-40.E of the Weld County Code. Specifically, for a barrel racing facility and for other rodeos and equestrian events. This property was originally permitted for a Public Recreational Facility (Roping Arena) by Use by Special Review permit number USR-1224, recorded March 8, 2000, reception #2754165. During the course of subsequent new and amended recorded exemptions on the property, USR-1224 was partially vacated in 2014 and was later completely vacated at the request of the applicant in 2019 by Board of County Commissioners Resolution 2019-3750. The property owners were unaware of the full implications of the complete USR vacation. As a result, the property owners seek to re -permit the roping facility, that will operate in the same way as it had historically, through a new Use by Special Review process. The application materials indicate that the property will host approximately four (4) to six (6) events per year, during summer months, primarily on weekends, with single events potentially occurring over consecutive days. Events will include approximately fifty (50) participants and fifty (50) spectators at any given time. Ten (10) to fifteen (15) horses owned by the property owners and family are normally located on -site. Approximately fifty (50) additional horses owned by event participants may be located on -site during events. Events will be organized and run by a third -party roping event contracting company under the general supervision of the property owners. Events are expected to occur between 7:00 a.m. to 7:00 p.m. No events will take place after dark. Events will be conducted as weather permits. One (1) existing approximately 275 -foot by 180 -foot outdoor arena is located in the southeast portion of the site and has previously been used for personal and commercial use. Bottled water and screened portable toilets may be used as this is a limited and seasonal use. The existing Central Weld County Water District tap can be used for commercial use. A restroom, that is intended to serve the public, is located inside an existing structure which also contains personal (residential and shop) components. In order for visitors to use the exiting public restroom, the existing on -site wastewater treatment system must be expanded and properly permitted, including the need for appropriate as -built building permits. Alternatively, portable toilets may be used for no more than six (6) months per year, on a seasonal basis. An existing, thirteen (13) square -foot sign adjacent to County Road 53 will remain. Tractors and a water truck will be used for arena and parking preparation and dust control. An existing dumpster and trash cans will be located on -site on event days. Stockpiled manure will be removed on a monthly basis for land application on off -site farms. An existing gravel parking area is located west of the arena and contains enough parking for approximately one hundred (100) trucks and livestock trailers. Food trucks and other licensed food vendors may be present during events. Loudspeakers for announcing will be utilized. An existing on -site residence and personal/agricultural outbuildings and activities are present on -site and are not part of the USR request. The arena is surrounded by existing steel pipe fencing and gates. Existing white vinyl fencing is located around the residence, public restroom and shop and existing barbed wire fencing is located around the property. Existing and mature vegetation is located around the residence in the center of the site. No other landscaping or screening is proposed or recommended. All site components are existing. No new structures, arenas, parking, access changes, lighting, signage, fencing or landscaping are proposed. No fuel storage is proposed. No washing of vehicles or equipment is proposed. No warehousing is proposed. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 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 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. USR20-0038 - Barton Land and Cattle, Inc. Page 2 of 11 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. 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: USR19-0039 - home business; USR-1137 - airstrip; USR20-0001 - multi -family dwelling; USR17-0076 - ag and horticulture service business; USR-556 - 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. No written correspondence or telephone calls were received. 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. 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 USR20-0038 - Barton Land and Cattle, Inc. Page 3 of 11 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. 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 (NRCS) 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 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. 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 on 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 DEPARTMENT OF PLANNING SERVICES' STAFF 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 USR20-0038 - Barton Land and Cattle, Inc. Page 4 of 11 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) 5) Show and label the location of any existing buffering, landscaping, screening, fencing and gates. Include specification details on the USR map. Refer to Section 23-2- 240.A.10. of the Weld County Code. (Department of Planning Services) 6) 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) 7) 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 Code for design criteria. (Department of Planning Services) 8) 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) 9) 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 Code 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) USR20-0038 - Barton Land and Cattle, Inc. Page 5 of 11 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) 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 moves 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 Code. The Mylar map 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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) 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) USR20-0038 - Barton Land and Cattle, Inc. Page 6 of 11 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, USR20-0038, 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 -site security personnel during events shall be two (2) security personnel. The security personnel shall be licensed and bonded. (Department of Planning Services) 9. One (1) ambulance and two (2) persons trained in emergency medical services 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) 10. One (1) State of Colorado Licensed Veterinarian not related by blood, marriage or friendship to any property owner, applicant, or participant shall be on -site during any event. (Department of Planning 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) USR20-0038 - Barton Land and Cattle, Inc. Page 7 of 11 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. (Department of 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) 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) USR20-0038 - Barton Land and Cattle, Inc. Page 8 of 11 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 29-3-10 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) 39. 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. USR20-0038 - Barton Land and Cattle, Inc. Page 9 of 11 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. USR20-0038 - Barton Land and Cattle, Inc. Page 10 of 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. USR20-0038 - Barton Land and Cattle, Inc. Page 11 of 11 January 14, 2021 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mhall@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 BARTON DENISE 27495 COUNTY ROAD 46 KERSEY, CO 806449031 Subject: USR20-0038 - A Site Specific Development Plan and Use by Special Review for Commercial Rodeos and Commercial Roping Arenas in the A (Agricultural) Zone District outside of subdivisions and historic townsites. On parcel(s) of land described as: LOT B 1AMRECXI9-13-0078, PART N2NE4 SECTION 8, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 02, 2021 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 17, 2021 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 Res afu I ly, vlic�iael Hall Planner Hello