HomeMy WebLinkAbout20210738.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION US Z310 _003a
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille , that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER : USR20-0032
APPLICANT : MAURO RUIZ
PLANNER : MICHAEL HALL
REQUEST : 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 NORTH OF AND ADJACENT TO CR 20 ; APPROXIMATELY 1000-FEET EAST OF
STATE HIGHWAY 85 .
be recommended favorably to the Board of County Commissioners for the following reasons :
1 . The submitted materials are compliant with the application requirements of Section 23- 2-260 of the
Weld County Code .
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows :
A . Section 23-2 -220 . A . 1 . -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect .
Section 22 -2- 10 . A. states : " Respecting Our Agricultural Heritage . Weld County has an
agricultural heritage built upon the hard work of pioneers and farms on traditional family
farms . Weld County is now one of the most economically productive agricultural counties in
the nation . The Weld County Right to Farm Statement and the Goals and Objectives in [the
Comprehensive] Plan support the importance of agriculture in the County"
The proposed use is an agricultural activity . Specifically , it is a facility designed for western-
style sports such as 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 . "
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 2
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 1-3 (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 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 U SRs within one ( 1 ) mile of the
site including : USR- 1709 - mineral resource development facility; M U SR15-0017 - pump
station and tank facility ; 1MJUSR16-04- 1459 - vehicle sales and detailing ; USR- 1227 -
manufacturing facility; and MUSR11 -0002 11 -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 , 2020E includes the subject property within the City's Planning
Area and designates it for Agricultural and Rural Residential use . The proposed USR facility
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 3
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 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 PLANNING COMMISSION 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)
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 4
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 25
and 25 26. (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 Comp iance stamper anc signed by a Professiona Engineer registeree in tie
State of Co oraco is requires . (Department of Pub is Wor<s )
F . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR26-0032 . (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)
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
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 5
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)
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)
7) f app icab e, s low anc abe tie accepter crainage features . Stormwater pones s iou e
be abe ec as "Stormwater Detention , \o-Bui c or Storage Area anc s is inc uce tie
ca cu atec vo ume. ( Department of Pub is 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 )
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 6
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)
Motion seconded by Lonnie Ford .
VOTE :
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings .
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 7
CERTIFICATION OF COPY
I , Michelle Wall , Recording Secretary for the Weld County Planning Commission , do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 2 , 2021 .
Dated the 2nd of March , 2021
grrksalstotee,
Michelle Wall
Secretary
RESOLUTION USR20-0032
MAURO RUIZ
PAGER
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mauro A. Ruiz
U SR2 0-0 032
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
accitiona fifty (50 ) participants . Tie security personne c is be icensec anc Doncec . (Department of
Planning Services )
•
/ /
9
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)
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 9
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 . (Departmentof 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- 10►3 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 ,
�� i ets an , Dott ec ,Armter re acceptab e. 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 by a cleaner
licensed in Weld County, contain hand sanitizers and be screened from public view . (Department of
Public Health and Environment)
26 . Permanent S 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)
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 10
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)
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
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 11
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 .
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
RESOLUTION USR20-0032
MAURO RUIZ
PAGE 12
must leave their jobs and families to respond to emergencies . County gravel roads , no matter how
often they are bladed , will not provide the same kind of surface expected from a paved road . Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm . Services in rural areas , in many cases , will not be equivalent to municipal
services . Rural dwellers must , by necessity , be more self-sufficient than urban dwellers .
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches , electrical power for pumps and
center pivot operations , high speed traffic , sand burs , puncture vines, territorial farm dogs and
livestock, and open burning present real threats . Controlling children 's activities is important, not only
for their safety , but also for the protection of the farmer's livelihood .
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING _e03 D.
3 a a-Oa- A Tuesday , March 2 , 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building .. Hearing Room , 1150 O Street . Greeley , Colorado . This meeting was called to order by Chair.
Elijah Hatch , at 12 : 30 pm .
Roll Call .
Present : Gene Stille , Lonnie Ford , Elijah Hatch , Skip Holland . Sam Gluck , Butch White , Troy Mellon .
Absent : Tom Cope , Dwaine Barclay .
Also Present : Michael Hall , Department of Planning Services ; Lauren Light , Department of Health ; Mike
McRoberts , and Melissa King , Department of Public Works ; Bob Choate , County Attorney , and Michelle
Wall , Secretary .
The Chair called for a recess at 1 : 58 p . m . and reconvened the hearing at 2 : 04 p . m .
CASE NUMBER : USR20-0032
APPLICANT : MAURO RUIZ
PLANNER : MICHAEL HALL
REQUEST : 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 : 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 the existing traffic . access to the site and drainage conditions for
the site .
Commissioner Ford asked if the access on Highway 85 is right 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 ;
he never predicted events would get as big as they did . Mr. Ruiz said he didn 't realize there was a difference
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 Stille asked if the domestic well permit covered more than just household use . Staff said
that the well permit is for household use , watering up to 15 of the owner' s domestic animals , and for
irrigation 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 boundaries 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 Stille 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 Agricultural or Commercial. Staff responded it is
zoned Agricultural.
There was discussion on how Conditions of Approval 1.A. and B. could be rewritten 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 hearing 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 drinking, 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 by a cleaner
licensed in Weld County, contain hand sanitizers and be screened from public view."
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.
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, Seconded by Gene Stille. Motion passed unanimously.
The Chair asked the applicant if they have read through the Amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR20-0032 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 Stille, Seconded by Lonnie Ford. Vote: Motion carried by unanimous roll call
vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Troy Mellon.
Absent: Skip Holland.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:05 pm.
Respectfully submitted,
Woo_
Michelle Wall
Secretary
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