HomeMy WebLinkAbout20210714.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 2, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Gene Stille, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Troy Mellon.
Absent: Tom Cope, Dwaine Barclay.
Also Present: Michael Hall, Department of Planning Services; Lauren Light, Department of Health; Mike
McRoberts, and Melissa King, Department of Public Works; Bob Choate, County Attorney, and Michelle
Wall, Secretary.
Motion: Approve the February 16, 2021 Weld County Planning Commission minutes, Moved by Gene
Stille, Seconded by Skip Holland. Motion passed unanimously.
CASE NUMBER: USR20-0038
APPLICANT: BARTON LAND AND CATTLE, INC. C/O BRIAN AND DENISE BARTON
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR COMMERCIAL RODEOS AND COMMERCIAL ROPING ARENAS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B 1AMRECX19-13-0078, PART N2NE4 SECTION 8, T4N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 48; WEST OF AND ADJACENT TO CR
53.
Michael Hall, Planning Services, presented Case USR20-0038, reading the recommendation and
comments into the record. Planning staff received two letters in opposition from surrounding property
owners. One letter was from an attorney representing the property owner directly to the west. The
residence on this adjacent property is approximately 2,000 feet away from the USR parking area and 2,700
feet away from the USR arena. The opposition letter expressed concerns about the application, specifically
that third -party companies will manage roping events, inconsistencies in the application regarding hours of
operation and lighting, a lack of traffic study, drainage concerns and the potential for run-off to impact the
SPO property and other nuisances such as noise, congestion and outsiders. The second letter sharing
similar concerns was received from the property owner directly south and adjacent to the applicant and is
approximately 630 feet southwest from the USR arena. Concerns about drainage, dust, noise, lighting,
traffic and neighborhood disturbance. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Stille asked staff about the lighting. Mr. Hall explained that there is existing lighting on the
property. There is no additional lighting being proposed and there is no pole lighting around the arena. Mr.
Hall explained there is building mounted lighting on the loafing sheds and on the public restroom entrance.
Denise Barton, 27495 County Road 46, Kersey, Colorado. Ms. Barton said her, and her husband
purchased the property approximately two and a half years ago. She explained that they hired a real estate
agent to help them with amending a recorded exemption on the property. The real estate agent told them
that they had to vacate the existing USR on the property. After COVID hit and roping and barrel racing
arenas closed, several people came to them to ask if they could have barrel racing on their property. Ms.
Barton said she thought the section of her property that had the arena on it, still had the USR and only the
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second lot they didn't use was vacated She explained she is reapplying for the same use of the previous
USR
Ms Barton said barrel racing usually begins around 11 00 a m and ends around 3 00 p m She explained
barrel racers leave once they are done so they do not stay that whole time Ms Barton said they do not
plan on having roping on siite She said she is very particular about her property and will have a third party
clean up after each event
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The Chair asked if there was anyone in the audience who wished to speak for or against this ap lication
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Cody Peterson, 22971 County Road 53, Kersey, Colorado Mr Peterson said they have lived on their
property for approximately 10 years He said the previous USR did not affect them because no events
were held since they have lived there Mr Peterson explained that he is on oxygen and is concerned about
the increase in dust He said he would like them to mag chloride County Road 48 Mr Peterson stated he
doesn't feel it is fair that he has to lock up his animals because more traffic will come onto his property in
error or to turn around I He voiced concerns with trash from events and said he would like the a-ena to be
watered down with a water, truck
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Commissioner White asked Mr Peterson if he felt better signage on the applicant's part could help solve
people coming onto his property in error Mr Peterson said doesn't think it would help because people
don't pay attention and 'come onto his property all the time He said they have signs already Mr Peterson
said the only thing he thinks would prevent the traffic on his property is putting up gates and he doesn't feel
that is fair to make his expense
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Commissioner Holland asked Mr Peterson to explain how he thought mag chloride would help control dust
issues Mr Peterson said lit is similar to oiling down the road and he said it does help control dust The
Chair asked staff to reference mag chloride Ms King explained that mag chloride is used in dust control
and that Public Works is requesting a road' maintenance agreement for County Road 48 She said the road
maintenance agreement includes dust control and damage repair to that travel route
Commissioner Mellon asked how far down County Road 48 does the maintenance agreement cover Staff
said she needed time to research
Wendy Winter, 405 Trailwood Dnve, Windsor, Colorado and 22625 County Road 53, Kersey, Colorado
Ms Winter said her family resides south and adjacent to the applicant She said the planned use of the
property is clearly commercial and does not fit into the habitus of the existing agricultural community Ms
I Winter said she objected to the previous USR-1224 as she does now She said since the property was
purchased by Barton Land and Cattle, an unwanted change to the peaceful rhythm and nature of the
community has occurred
Ms Winter voiced concerns with drainage She said in 1998-1999 when there was a senes of big storms,
her basement ended up flooding from run-off from this property Ms Winter said she placed a complaint
with Weld County which compelled the former property owner to construct a holding pond She said the
pond has not been maintained
Ms Winter also discussed her concerns with dust, noise, lighting, and traffic She asked the Planning
Commission to deny the, application because their community does not feel it is fair to have their quality of
life compromised
Commissioner Mellon asked Ms Winter if ,her primary address is in Windsor Ms Winter responded that
her pnmary residence is the Kersey home She said she has remarried and works in Windsor Ms Winter
said she goes back and forth but uses the Windsor address as her mailing address
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Ms Barton said that she doesn't think Ms Winter lives in the Kersey house because her ex-husband and
children live there She said that the previous owners had a feedlot on the property and had roping steers
which caused the issues with manure, parking, etc Ms Barton said there are approximately 20 barrel
races a year and she feels that isn't as bothersome as if they would decide to use their property for raising
cattle
Ms Barton addressed the concerns from Mr Peterson She said that she is concerned for his health but
that his property is all dirt Ms Barton said when the wind blows, it normally blows from the north to the
south, they get dust from his property
Commissioner Stille asked the applicant about the lighting that the neighbors complained about Ms Barton
said her daughter lives on the property and has ten horses She said there are four lights by the horse
stalls so when her daughter takes care of the horses at night, the lights are on Once she is done, she
turns the lights off Ms Barton said there is one flood lamp
Commissioner Stille asked Ms Barton to address the drainage issue Ms Barton said the lagoon from the
previous owner is there because he had run off from manure She said she will not have any sitting manure
on her property After an event, the manure is required to be cleaned up by a third -party Commissioner
Stille asked if there is any water in the lagoon Ms Barton said there is not a drop of water in it
Commissioner Stille asked Ms Barton to address dust She responded that they would have a water truck
Ms Barton said that barrel racers are very picky about the ground and it has to be just right
Commissioner Mellon asked how is big the property Mr Hall responded it is 58 acres
Commissioner Holland addressed the slope of the property and asked which way the water flows The
Chair said that County Road 48 is the peak of the hillside and water should flow south from County Road
48
Commissioner Gluck asked staff how the majority of barrel racing facilities are zoned, Agricultural ,or
Commercial Mr Hall responded they are zoned Agricultural
Commissioner Mellon asked staff if they had the answer to his maintenance agreement question Ms King
said ten percent of the traffic will be going west on County Road 48 and would continue until that traffic got
to County Road 49 Commissioner Mellon asked how far that is Mr Hall responded it is two miles
Commissioner Gluck made a comment that the tax address for Ms Winter's Kersey property is addressed
to the Windsor residence
Commissioner Holland asked staff if they required a drainage plan for this project Ms King said the
applicant was required to provide a drainage narrative that proved that they met a detention exception for
no change in impervious to the site Commissioner Holland asked staff for the measurements of the slope
Ms King responded that the slope goes from the northwest to the southeast of the property She said the
northwest high point is at approximately 4786 feet above sea level and the southeast corner of the parcel
is at approximately 4756 feet above sea level
Commissioner Mellon said he is concerned about the traffic He asked if Public Works has done a site visit
to see if signage is needed for truck turning, additional auxiliary lanes, or lower speed limits are needed
Ms King explained that there are currently not any plans for any of these She said this USR is for six
weekends out of the year and would not change the triggers
Commissioner Gluck mentioned that he lives in rural Weld County in that direction, and that traffic during
the week tends to be commercial vehicles and oil and gas trucks He said weekend traffic is lighter and
seems safer on the weekends
Mr Hall explained that the Planning Commission could refine the development standards if they would
choose to do that The Planning Department did not feel the need to do so
The Chair asked Ms Barton how many events she plans to have in any given season and also how many
contestants and spectators during any given season Ms Barton said the events are normally held between
the months of April and September She said it should never exceed over 20 days a year Ms Barton said
there will never be over 50 contestants and spectators on the property at one time She explained that
barrel racers leave the site once they are done with their run Contestants are allowed a half hour warm
up before their run
Commissioner Ford asked staff why Development Standard 8 was required and wondered why they would
need to have two security personnel on site Staff explained that Development Standards 8, 9 and 10 are
typical standards that are included for rodeos, roping, team racing or other events where the public comes
onto a property and there is a chance for injury or something going wrong Mr Hall explained that this case
does require the property owner to have an emergency action plan with the fire district
Motion Amend Development Standard 5 to read, "Events are limited to a seasonal basis within a 6 month
period from Apnl 1St toi September 30th of a given year not to exceed 18 days " Moved by Troy Mellon
The motion failed due to lack of a second
Commissioner Stille stated that he was opposed to the motion Commissioner Stifle said the County is
complaint dnven and does not see how the amount of 18 days would be patrolled
Motion. Delete Development Standards 8, 9 and 10 Moved by Gene Stifle, Seconded by Lonnie Ford
Motion passed unanimously
The Chair asked the applicant if they have read through the Amended Development Standards and
Conditions of Approvalll and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR20-0038 to the Board of County Commissioners along with the Amended
Conditions of Approval and DevelopmentStandards with the Planning Commission's recommendation of
approval, Moved by Gene Stifle, Seconded by Sam Gluck Vote. Motion carned by unanimous roll call
vote (summary Yes = 7)
Yes. Butch White, Elijah Hatch, Gene Stifle, Lonnie Ford, Sam Gluck, Skip Holland, Troy Mellon
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Commissioner Mellon mentioned that the applicant made a comment that they could raise cattle nstead of
barrel racing He said that per code the applicant could put 232 large animals on their property
Commissioner Mellon feels this USR is a reasonable request and much less detrimental then rats ng cattle
The Chair called for a recess at 1 58 p m and reconvened the heanng at 2 04 p m
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CASE NUMBER USR20-0032
APPLICANT MAURO RUIZ
PLANNER MICHAEL HALL
REQUEST I A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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
LEGAL DESCRIPTION LOT A RE -3843, BEING PART OF SECTION 17, T2N, R66W OF THE 6TH P M ,
WELD COUNTY, COLORADO
LOCATION I NORTH OF AND ADJACENT TO CR 20, APPROXIMATELY 1000 -FEET EAST
OF STATE HIGHWAY 85
Michael Hall, Planning Services, presented Case USR20-0032, reading the recommendation and
comments into the record The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards
Melissa King, Public Works, reported on thie existing traffic, access to the site and drainage conditions for
the site
Commissioner Ford asked If the access on Highway 85 is nght turn only Staff replied that in the future the
Highway 85 access calls for right in, right out only at County Road 20
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Mauro Ruiz, 13291 County Road 20, Fort Lupton, Colorado Mr Ruiz said he purchased the property in
2010 with plans of having cattle and horses He said that they built their roping area for family and friends
Mr Ruiz stated that last summer, more people started to come for practices and events on the weekends,
i he never predicted events would get as big as they did Mr Ruiz said he didn't realize there was a d fference
in having a personal roping arena permitted versus a commercial roping area permitted
Commissioner White asked the applicant if he plans on putting a septic system in Mr Ruiz said he would
like to get a commercial septic tank to have public restrooms and asked how he should start the process
Ms Light explained that he will have to hire an engineer to design a commercial septic system and re -
permit his well Mr Ruiz said he would like to have events all year, so he would like to do everything right
and have a commercial septic tank
Commissioner Stifle asked if the domestic well permit covered more than just household use Staff said
that the well permit is for household use, watenng up to 15 of the owner's domestic animals, and for
irngation not more than 16,400 square feet of home gardens and lawn The well is permitted to withdraw
up to 1 9 acre feet of ground water, but the permit cannot be used to serve the business
Commissioner Mellon asked how close the nearest municipal water source was from the property Staff
said that Fort Lupton boundanes are approximately a mile away and the applicant would have to annex
with the town
Commissioner White asked staff if the USR would have to be amended if the applicant chose to start off
with the 6 month plan while working on getting water and septic in order to hold events all year round Staff
explained as long as the applicant is abiding by the Conditions of Approval and the meeting the thresholds
of the Development Standards, the USR permit would not need to be amended
Commissioner Stifle asked the applicant how he planned to keep the dust down in the arena Mr Ruiz
responded that he has a water truck
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Commissioner Gluck asked staff if the property is zoned Agncultural or Commercial Staff responded it is
zoned Agncultural
There was discussion on how Conditions of Approval 1 A and B could be rewntten to allow the applicant
to record the plat while he was in the process of getting a commercial septic system and change of use on
the well
Bob Choate, Weld County Attorney explained that the applicant cannot operate in any capacity until he
records the plat Mr Choate said he could work with Staff to change the wording in the Draft Resolution to
allow the applicant to do both the temporary use and the permanent use, if that is what the Planning
Commission wishes to do The applicant would have to follow the Development Standards that pertain to
the temporary uses such as bottled water and portable toilets until he is able to repermit the well for
commercial use and add a commercial septic system in order to be open year round
The Chair asked Mr Ruiz if he was interested in having staff change the wording in the draft resolution He
said he was Commissioner Hatch asked the Board if they agreed to have the wording changed and they
did
The Chair called a recess at 2 46 p m and reconvened the hearing at 2 58 p m
The Chair announced that Commissioner Holland left the heanng at 2 46 p m
Staff suggested that no changes be made to Condition of Approval 1 A
Staff suggested that Condition of Approval 1 B be corrected to read Development Standards 25 and 26,
not 24 and 25
Staff suggested amending Development Standard 25 to read "Adequate dunking, hand washing, and toilet
facilities shall be provided for employees and patrons of the facility at all times Prior to obtaining a
permanent commercial water source and commercial on -site wastewater treatment system (OTWS), the
property owner may conduct the operation on a temporary basis for a time period of six months or less per
year, in which case, bottled water and portable toilets shall be provided 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 b
licensed in Weld County, contain hand sanitizers and be screened from public view "
a cleaner
Staff suggested adding the word "Permanent" as the first word in Development Standard 26
Motion Amend Condition of Approval 1 B , Development Standard 25, and Development Standard 26 as
recommended by staff Moved by Troy Mellon, Seconded by Gene Stille Motion passed unanimously
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Motion Delete Development Standards 9, 10 and 11 Moved by Troy Mellon, Seconded by Butch White
Motion passed unanimously
Staff suggested to delete Condition of Approval 1 E and Condition of Approval 1 F 17 because the
drainage narrative has already been submitted and accepted
Motion Delete Condition of Approval 1 E and Condition of Approval 1 F 17 as recommended by staff
Moved by Troy Mellon,l Seconded by Gene Stille Motion passed unanimously
The Chair asked the applicant if they have read through the Amended Development Stancards and
Conditions of Approval and if they are in agreement with those The applicant replied that trey are in
agreement
Motion. Forward Case USR20-0032 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Gene Stale, Seconded by Lonnie Ford Vote. Motion carried by unanimous roll call
vote (summary Yes = 6)
Yes Butch White, Elijah Hatch, Gene Stine, Lonnie Ford, Sam Gluck, Troy Mellon
Absent. Skip Holland
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The Chair asked the public if there were other items of business that they would like to discuss
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss
wished to speak
Meeting adjourned at 3 05 pm
Respectfully submitted,
Michelle Wall
Secretary
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