HomeMy WebLinkAbout20210739.tiffPlanner:
Michael Hall
Case Number: USR20-0032
Owner:
Representative:
Request:
Legal
Description:
Location:
Acreage:
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Mauro A. Ruiz
13291 County Road 20, Fort Lupton, CO 80621
Palma Callahan
14716 State Highway 52, Fort Lupton, CO 80621
Hearing Date: March 2, 2021
A Site Specific Development Plan and Use by Special Review for Animal Boarding and
Animal Training Facilities and Commercial Rodeos and Commercial Roping Arenas
outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RE -3843; being a part of the SW4 of Section 17, T2N,
R66W, of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 20; approximately 1000 -feet east of Colorado
State Highway 85
+/- 9.45 acres Parcel No. 1309-17-3-00-001
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:
■ Colorado Division of Water Resources, referral dated November 9, 2020
■ Weld County Department of Public Works, referral dated October 30, 2020
■ Weld County Office of Emergency Management, referral dated January 27, 2021
■ Weld County Department of Public Health and Environment, referral dated November 17, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Town of Platteville, referral dated November 3, 2020
■ Colorado Parks and Wildlife, referral dated November 5, 2020
■ Weld County Zoning Compliance, referral dated October 28, 2020
■ Weld County School District RE -8, referral dated November 2, 2020
■ Colorado Department of Transportation, referral dated December 2, 2020
■ Weld County Sheriff's Office, referral dated referral dated November 6, 2020
■ Weld County Oil and Gas Energy Department, referral dated November 9, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
■ Platteville Ditch
■ City of Fort Lupton
■ Weld County Assessor's Office
■ Fort Lupton Fire Protection District
■ U.S. Department of Agriculture - Animal and Plant Health Inspection Service
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CASE SUMMARY:
The property owner is requesting a Site Specific Development Plan and Use by Special Review (USR)
Permit for an Animal Boarding and Animal Training Facility and Commercial Rodeo and Commercial
Roping Arena. The facility will be known as Arena Dos Escuardas. Specifically, this property will be
available daily on a commercial fee basis for hosting team roping and western -style sports practices and
horse training and will be available on weekends for commercial special events, which draw a large
number of participants, spectators and vendors. Both components of the site are proposed to operate
year round. The site is expected to exceed the allotted animal units and vehicle trips during practices and
will exceed the animal units during the commercial roping special events. The property owner, including
volunteer staffing comprised of friends and family members, may organize and manage events. Similarly,
the application materials indicate that the facility may be rented and events may be organized and run by
third -party roping event contracting companies.
One (1) existing 300' x 150' outdoor arena is located in the northeast portion of the site and has
previously been used for personal use. Other existing structures will be utilized for the USR operations
including a 95' x 14' metal frame open-ended structure located on the south part of the arena for horses,
ropers and cattle, six (6), 20 -foot tall light poles around the arena, and ten (10) individual 12' x 15' loafing
sheds and corrals along the western property line with existing water and electric service. The applicant
has been working with Weld County Building staff to properly permit the structures for commercial use.
No other structures are proposed. A tractor and non -potable water truck owned by the property owner are
proposed be used for arena and site preparation and dust control. A large, at -will parking area is
proposed west of the arena and shall have an all-weather surface. The parking area is currently native
grass. Food trucks and other licensed food vendors may be present during events. Loudspeakers for
announcing and music will be utilized.
The application materials outlined the average numbers of site occupants and no maximum limits were
provided. Staff recommends the following parameters, as requested in the application materials:
Practices and trainings be limited to seventy-five (75) attendees at any given time. Practices and trainings
be limited from 11:00 am to 10:00 pm, seven (7) days per week. Special events be limited to two
hundred -fifty (250) attendees at any given time and up to six hundred (600) people per day. Special
events be limited from 7:00 a.m. to 10:00 p.m., on weekends only. All activities will be conducted as
weather permits. As the applicant has proposed year round practices and events, a plan to obtain
permanent water and sewage disposal source must be submitted prior to recording the USR map. Bottled
water and portable toilets are not acceptable. The existing water well is not permitted for commercial use
and portable toilets may not be used for more than six (6) months, on a seasonal basis.
The arena and property boundary are surrounded by steel pipe fencing and gates. Existing and mature
vegetation is located along the south property line, adjacent to County Road 20 and bordering the two (2)
permitted access points. This vegetation adequately screens the site from the south. No other
landscaping or screening is proposed or recommended. An existing on -site residence and personal
outbuildings are separated from the commercial areas by additional landscaping. 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.
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
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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 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 practices and events.
Section 23-3-40.A. — Uses by special review, of the Weld County Code includes, "animal
boarding and animal training facilities where the maximum number of animal units
permitted in Section 23-3-70.D [of the Weld County Code] is exceeded or traffic to and
from the facility exceeds sixty (60) average daily trips."
This code section allows the applicant to apply for a portion of the subject USR request
which involves the usage of the property for hosting roping practices and trainings and a
transitory, but significant number of animals. It is estimated that seventy-five (75) persons
from the public may access the site on a daily basis for practices, which may likely
exceed sixty (60) daily trips. Additionally, roughly twenty-five (25) to thirty (30) horses
and/or cattle may be on -site at any time for boarding or practice use. Visitors of the site
will bring additional horses, adding to the animal units on -site. Additional cattle will be
brought to the arena for events, sometimes in excess of seventy (70) head. The number
of horses on -site will depend on the size of the event. As a result, the number of animals
on -site are anticipated, at -times, to exceed the allotted use by right animal unit maximum
for this property which is 37.8 animal units, calculated as four (4) animal units per acre of
the 9.45 acre property per Section 23-1-90 of the Weld County Code.
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 a portion of the subject USR which
involves the usage of the property for hosting commercial rodeos and roping events at
the existing roping arena on -site. Similar to the practice and training activities on -site,
large special events are expected to be held throughout the year and are open to the
public. Special events may be organized and held by the property owners or on a rental
basis by third -party, commercial operators. Per the application materials, an average of
six hundred (600) people including participants and spectators may visit the site over the
course of a given event day.
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 predominately zoned A (Agricultural) and include limited I-3
(Heavy Industrial) areas to the west. The surrounding land uses consist of agricultural,
industrial, rural residential uses and oil and gas encumbrances. The closest residence is
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approximately 1,100 feet west-northwest of the arena area. The next closest residence is
approximately 1,200 feet northeast of the arena. There are several existing USRs within
one (1) mile of the site including: USR-1709 - mineral resource development facility;
MUSR15-0017 - pump station and tank facility; 1MJUSR16-04-1459 - vehicle sales and
detailing; USR-1227 - manufacturing facility; and MUSR11-0002 - truck parking and
maintenance facility.
Weld County Department of Planning Services staff sent notice to five (5) 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
the future development as projected by Chapter 22 of this Code or master plans of
affected municipalities.
This site is located within both the City of Fort Lupton and Town of Platteville Coordinated
Planning Agreement boundaries. Fort Lupton and Platteville returned referral responses
dated September 9, 2020 and July 20, 2020, respectively. Platteville indicated that,
because the site is south of County Road 24, they are not interested annexation. Fort
Lupton indicated that they would like to discuss annexation. The City of Fort Lupton
Future Land Use map, dated October 1, 2020 includes the subject property within the
City's Planning Area and designates it for Agricultural and Rural Residential use. The
proposed USR facility is in line with this designation.
The site is located within the three (3) mile municipal referral radius of the City of Fort
Lupton and Town of Platteville. Platteville returned a referral response dated November
3, 2020 and indicated that the facility is outside the Town's Planning area; therefore,
there were no concerns. Fort Lupton did not return a referral response.
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 soils are predominately
"Altvan loam" which is classified as "Not prime farmland" per the USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report prepared August 13, 2020
and submitted in the application materials. 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
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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 and Weld County Office of Emergency Management 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, Lighting
Plan, 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 shall address the requirements of Colorado Division of Water Resources, as
stated in the referral response dated November 9, 2020 regarding an adequate water source
for the facility. Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services. (Colorado Division of Water Resources)
B. The applicant has indicated that practices may occur on a daily basis year round and special
events may occur on weekends year round. The applicant shall submit a plan for obtaining a
permanent water (potable, non -potable, livestock) and sewage disposal sources in
accordance with Weld County Environmental Health policy, as detailed in Development
Standards #24 and 25. (Department of Planning Services)
C. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and acceptance. The Lighting Plan shall detail how the on -site lighting will be downcast and
shielded in accordance with the Weld County lighting standards. (Department of Planning
Services)
D. An Improvements and Road Maintenance Agreement is required for triggered off -site
improvements at this location. Road maintenance includes, but is not limited to, dust control
and damage repair to specified travel routes. The Agreement may include provisions
addressing engineering requirements, submission of collateral, and testing and approval of
completed improvements. (Department of Public Works)
E. A Drainage Narrative with a qualifying exception or a preliminary Drainage Report and
Certification of Compliance stamped and signed by a Professional Engineer registered in the
State of Colorado is required. (Department of Public Works)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0032. (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)
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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 emergency and site identification 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. Section 23-4-30.C
of the Weld County Code states in part, "Off-street parking spaces including access
drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be
graded to prevent drainage problems. Parking lot surfaces shall be consistent with
the surrounding development..."
Planning staff recommends that the parking area be surfaced with gravel or crushed
asphalt to reduce soil erosion in lieu of paving or poured concrete. Given the variety
of vehicle and trailer types that will be parked on the property, no formal parking stalls
are required to be delineated. However, the map shall delineate all drive aisles,
general areas for truck/trailer parking and a separate area for passenger vehicle
parking. There shall be adequate parking spaces to account for the maximum
number of on -site persons at any given time. (Department of Planning Services)
10) Show and label the setback radiuses for existing oil and gas tank batteries and
wellheads, if applicable. 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) Show and label the County Road 20 and US Highway 85 intersection in accordance
with the US 85 PEL (Planning and Environmental Linkage Study), which proposes
that this intersection be converted to Right In -Right Out in the future (i.e. only
northbound traffic on Hwy 85 can exit onto CR 20 and CR 20 traffic can only exit onto
Hwy 85 North). (Department of Planning Services)
13) County Road 20 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)
14) Show and label the approved permitted access locations, approved access width and
the appropriate turning radii on the site plan. (Department of Public Works)
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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) If applicable, show and label the accepted drainage features. Stormwater ponds
should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall
include the calculated volume. (Department of Public Works)
18) Show and label the drainage flow arrows. (Department of Public Works)
19) 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. The applicant shall develop an Emergency Action and Safety Plan with the Weld County
Office of Emergency Management and the Fort Lupton 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mauro A. Ruiz
USR20-0032
1. A Site Specific Development Plan and Use by Special Review, USR20-0032, for Animal Boarding
and Animal Training Facilities and 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. The hours of operation for practices and training are 11:00 am to 10:00 pm, seven (7) days per
week, year round. (Department of Planning Services)
4. The hours of operation for special events are 7:00 am to 10:00 pm, on Saturdays and Sundays
only, year round. (Department of Planning Services)
5. The number of practice and training attendees (including participants and spectators, not
including property owners and volunteers) shall be limited to seventy-five (75) at any given time.
(Department of Planning Services)
6. The number of special event attendees (including participants, spectators and vendors not
including property owners and volunteers) shall be limited to two hundred and fifty (250) at any
given time, not to exceed six hundred (600) per day. (Department of Planning Services)
7. The maximum number of on -site animal units including horses and cattle, shall be limited to fifty
(50) at any given time, excluding special events. (Department of Planning Services)
8. The maximum number of on -site animal units including horses and cattle, shall be limited to one
hundred and fifty (150) at any given time, during special events. (Department of Planning
Services)
9. The number of on -site security personnel during special events shall be two (2) security
personnel for the first one hundred (100) participants and one (1) additional security professional
for each additional fifty (50) participants. The security personnel shall be licensed and bonded.
(Department of Planning Services)
10. One (1) ambulance and two (2) persons trained in emergency medical services shall be on -site
during any special event. A clean, sanitary enclosure where medical treatment may be rendered,
shall be available onsite during any special event. (Department of Planning Services)
11. 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 special event.
(Department of Planning Services)
12. 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)
13. The existing landscaping and screening shall be maintained. (Department of Planning Services)
14. Volunteers and parking management staff shall be present during all special events, per the
application materials. (Department of Planning Services)
15. 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)
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16. The operator shall maintain compliance with the accepted Lighting Plan. (Department of Planning
Services)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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.
(Department of Public Health and Environment)
23. 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. (Department of Public Health
and Environment)
24. This facility shall adhere to the maximum permissible noise levels allowed in in the Residential
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
25. 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)
26. 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. The well permitted as 312836 cannot be used unless it is
repermitted for commercial use. (Department of Public Health and Environment)
27. 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)
28. 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)
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29. 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)
30. 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)
31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
32. 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)
33. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
34. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
35. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
36. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
37. 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)
38. 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)
39. 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)
40. 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.
41. 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.
42. 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.
USR20-0032 - Ruiz
Page 10 of 12
43. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
44. WELD COUNTY'S RIGHT TO FARM 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.
USR20-0032 - Ruiz
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 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.
USR20-0032 - Ruiz
Page 12 of 12
January 13, 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
CALLAHAN PALOMA
14716 HIGHWAY 52
FORT LUPTON, CO 80621
Subject: USR20-0032 - A Site Specific Development Plan and Use by Special Review for Animal
Boarding and Animal Training Facilities and Commercial Rodeos and Commercial Roping Arenas
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT A RE -3843, PART SW4 SECTION 17, T2N, R66W 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
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