HomeMy WebLinkAbout20193557.tiffCORRECTED RESOLUTION
Updated language in DS #7 to reflect changes made at BOCC hearing
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0022, FOR AN ANIMAL BOARDING AND TRAINING FACILITY, AND
A COMMERCIAL RACE TRACK IN THE A (AGRICULTURAL) ZONE DISTRICT -
EDUARDO SALVADOR RIVERA TORRES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 14th day of
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Eduardo Salvador Rivera Torres, 4396 N. State Highway 1, Fort Collins,
Colorado 80524, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0022, for an Animal Boarding and Training Facility, and a Commercial Race Track in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot D of Recorded Exemption, RECX17-0069; being
part of the SW1/4 of Section 23, Township 9 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Shannon Toomey,
AGPROfessionals, 3050 67th Ave, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A.5 (A.Policy 1.5) states: "Support and entice
agriculturally related businesses and processing facilities."
Equestrian training and racing are directly related to, and
dependent upon, agricultural uses. Agricultural areas are the only
viable locations for equestrian facilities.
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2) Section 22-2-20.B.3 (A.Policy 2.3) states: "Encourage development
of agriculture and agriculturally related businesses and industries in
underdeveloped areas where existing resources can support a
higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal
production, farming, greenhouse industries, landscape production
and agri-tainment or agri-tourism uses." Equestrian training and
racing are directly related to, and dependent upon, agricultural uses
and provide agri-tainment opportunities that promote an
agriculturally -focused lifestyle.
3) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture to locate within
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably attainable." Equestrian training
and racing are directly related to, and dependent upon, agricultural
uses. Limits administered through the Development Standards
should ensure that impacts to surrounding properties are mitigated.
4) Section 22-2-20.1.1 (A.Policy 9.1) states: "Employ consistency and
fairness in the application of the principles of this Comprehensive
Plan to help reduce conflicts between the residents, the County, the
municipalities and the varying land uses." Consideration was given
to all referral agency and legitimate surrounding property owner
concerns in creating the Development Standards, which will
adequately ensure that negative impacts to surrounding properties
are mitigated.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 states: "The A (Agricultural) Zone District is also
intended to provide areas for the conduct of USES by Special
Review which have been determined to be more intense or to have
a potentially greater impact than USES Allowed by Right. The A
(Agricultural) Zone District regulations are established to promote
the health, safety and general welfare of the present and future
residents of the COUNTY."According to Section 23-3-20.T, Animal
boarding and training is a Use by Right in the A (Agricultural) Zone
District if the use by right animal unit allotment is not exceeded and
is allowed as a Use by Special Review by Section 23-3-40.B.10 if
that number is exceeded. The number of animal units allowed by
right is not expected to be exceeded for this site; however, the use
was included in the request to accurately represent the proposed
uses. A racing facility is permitted as a Use by Special Review in
the A (Agricultural) Zone District by Section 23-3-40.C.1.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses.
1) There are two (2) USRs within one mile of the site, USR-1183, for
a natural gas pipeline and USR12-0071, for an oil and gas support
facility. Seven (7) surrounding property owners were notified of this
request. One adjacent property owner submitted a letter in favor of
the USR. Two surrounding property owners within the notification
area and three property owners outside the notification area
submitted letters or emails in objection to this USR. Concerns
included traffic, including the potential for traffic jams on
unmaintained County Road (CR) 21, noise, road maintenance,
safety, lighting, waste, adequate fire protection, and animal health.
The Conditions of Approval and Development Standards can
mitigate these concerns.
2) Private horse boarding and training facilities are a Use by Right in
the A (Agricultural) Zone (Section 23-3-20.T) and the property is not
currently in violation of zoning code.
3) An Improvements Agreement is a Condition of Approval for this
USR and will address concerns along maintained CR 102 and the
maintenance on unmaintained CR 21. The USR map would dictate
that visitors park in designated parking areas. A Traffic Control
Plan, recommended by both the Department of Public Works and
the Sheriff's Office, is a Condition of Approval for this USR. A sound
impact narrative submitted with the application concluded the
following, "Given the conservative assumptions of initial sound
production intensity levels and the site configuration, we can
declare the calculated off -site sound impact will be less than 55 dBA
across the site, complying with noise regulations for residential
areas." Noncompliance with the noise standard would result in
Probable Cause — Show Cause proceedings.
4) Lighting, so long as it is downcast and shielded, is allowed in Weld
County. According to the application, the only lights would be
standard barn lighting for the horse boarding and training facility
only and not used to light racing events, so no Lighting Plan is being
recommended. The Nuisance Management Plan submitted with the
application includes adequate waste removal.
5) Fire protection to the site is provided by the Nunn Fire Protection
District, which did not provide a referral response. The Sheriff's
Office recommends that the applicant develop an incident
management plan with the fire district prior to operation. The
applicant indicates that private security will be hired for racing
events. In accordance with the Sheriff's Office recommendation, the
applicant will provide a minimum of two (2) security guards for the
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first hundred (100) people and one (1) more per every fifty (50)
people.
6) A Development Standard has been added to ensure that the
animals coming to the site have current Equine Health Certificates
and a negative Coggins test.
7) The Improvements Agreement, Traffic Control Plan, Nuisance
Management Plan, Landscape, Screening and Maintenance Plan,
Incident Plan, Conditions of Approval and Development Standards
adequately address the concerns expressed by the surrounding
property owners. Noncompliance with Development Standards are
handled through the Probable Cause — Show Cause process
outlined in Section 2-4-40 of the Weld County Code.
D. Section 23-2-230.6.4 -- The uses which will 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 the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Town of
Nunn. No referral response was received from the town. The site is not
located within any Intergovernmental Agreement Areas, nor any urban
growth boundary area, regional urbanization area, overlay district or hazard
area.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not in a floodplain, airport
overlay district or geohazard area. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on soils designated as "Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
This site is non -irrigated, dryland pasture and no prime soils are affected
by this application.
G. Section 23-2-230.8.7 — 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 the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Eduardo Salvador Rivera Torres, for a Site Specific
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Development Plan and Use by Special Review Permit, USR19-0022, for an Animal Boarding and
Training Facility, and a Commercial Race Track in the A (Agricultural) Zone District, on the parcel
of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Landscaping, Screening and Maintenance Plan that screens the parking
areas, from adjacent properties and rights -of -way shall be submitted to,
and approved by, the Department of Planning Services.
B. The applicant shall dedicate and record 30 feet of right-of-way on the east
side of the section line along the entire frontage of the parcel.
C. An Improvements and Road Maintenance Agreement with triggers for
off -site improvements is required for this project. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
travel routes.
D. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
E. A Traffic Control Plan to be updated annually conforming to the most
current version of the Manual on Uniform Traffic Control Devices standards
and prepared by a Certified Control Supervisor shall be submitted to, and
approved by, the Department of Public Works.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0022.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and/or screening in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on -site lighting.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
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8) The map shall delineate the parking area for emergency response
vehicles, vendors, customers and/or employees.
9) County Road 102 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.
10) County Road 21 Section Line is shown to have 30 feet of
unmaintained section line right-of-way on the west side of the
section line, per the Weld County GIS right-of-way map. The
applicant shall delineate the existing right-of-way on the site plan.
Show and label the section line right-of-way as "CR 21 Section Line
Right -of -Way, Not County Maintained." All setbacks shall be
measured from the edge of right-of-way.
11) The applicant shall show and label the approved access locations,
access type(s), approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall 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.
14) The applicant shall 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.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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
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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.
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.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Operation:
A. An Emergency Incident Action Plan to be updated annually shall be
submitted and approved by the Department of Planning Services that
includes a schedule of annual events, a response plan for all events and
ensures that there is notification to Weld County Office of Emergency
Management, Nunn Fire Protection District and Law Enforcement prior to
the event to plan for any consequence management.
6. The Use by Special Review Permit 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datAdk) W ,‘,k, EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
BY: / / V vim_
Sean ' . Conway
(NAY)
APP' �' D AS TO F s ' _;';;;1�1 ��� (AYE)
dunty A orney
Date of signature: (2-46.711
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDUARDO SALVADOR RIVERA TORRES
USR19-0022
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0022, for
an Animal Boarding and Training Facility, and a Commercial Race Track in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The operator shall be in compliance with the annual Emergency Incident Action Plan and
work with the Weld County Office of Emergency Management, Nunn Fire Protection
District and Law Enforcement to prepare a response plan for all events and ensure that
there is notification to those agencies prior to the event to plan for any consequence
management (Incident Plan).
4. The hours of operation for racing days shall be on Saturday or Sunday and no more than
eight (8) hours in length between 8:00 a.m. and 6:00 p.m.
5. The number of full-time, on -site employees shall be limited to two (2) and the number of
event employees will be limited to twenty (20), as stated in the application.
6. The number of attendees shall be limited to three hundred fifty (350) per event, as stated
in the application.
7. Racing days shall be limited to no more than sixteen (16) per year.
8. The security personnel shall be licensed and bonded. The number of security personnel
onsite shall be two (2) security personnel for the first one hundred participants and one
(1) additional security professional for each additional fifty (50) participants for events.
9. One (1) ambulance and two (2) persons trained in emergency medical technology shall
be onsite during any racing event.
10. A clean and sanitary enclosure where medical treatment may be rendered will be available
onsite during any event, which may include an ambulance and horse barn.
11. Any animal brought to the site for boarding, training, or racing shall have a current Equine
Health Certificate and a negative Coggins test.
12. One (1) State of Colorado Licensed Veterinarian shall be onsite during any event. The
veterinarian will remain onsite until the last event is over.
13. The State of Colorado Licensed Veterinarian(s) may administer a drug test before or after
each race.
14. No illegal gambling is permitted onsite at any time.
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15. The parking area on the site shall be maintained.
16. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
17. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
18. 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.
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S.30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
20. 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, C.R.S. §30-20-100.5.
21. Waste materials shall be handled, stored, and disposed of 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 I, of the
Weld County Code. The accepted Nuisance Management Plan shall be adhered to.
22. 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.
23. This facility shall adhere to the maximum permissible noise levels allowed in in the
Residential Zone as delineated in C.R.S. §25-12-103. The accepted sound impact
narrative shall be adhered to.
24. 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.
25. Sewage disposal for the facility shall be by septic system. Any septic 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.
26. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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28. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
29. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
31. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
32. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
33. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
34. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
35. The historical flow patterns and runoff amounts on the site will be maintained.
36. Weld County is not responsible for the maintenance of on -site drainage related features.
37. 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.
38. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
39. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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.
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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.
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 person moving into these areas must
recognize the various impacts associated with this development. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2019-3557
PL2691
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0022, FOR AN ANIMAL BOARDING AND TRAINING FACILITY, AND
A COMMERCIAL RACE TRACK IN THE A (AGRICULTURAL) ZONE DISTRICT -
EDUARDO SALVADOR RIVERA TORRES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 14th day of
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Eduardo Salvador Rivera Torres, 4396 N. State Highway 1, Fort Collins,
Colorado 80524, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0022, for an Animal Boarding and Training Facility, and a Commercial Race Track in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot D of Recorded Exemption, RECX17-0069; being
part of the SW1/4 of Section 23, Township 9 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Shannon Toomey,
AGPROfessionals, 3050 67th Ave, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A.5 (A.Policy 1.5) states: "Support and entice
agriculturally related businesses and processing facilities."
Equestrian training and racing are directly related to, and
dependent upon, agricultural uses. Agricultural areas are the only
viable locations for equestrian facilities.
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2) Section 22-2-20.B.3 (A.Policy 2.3) states: "Encourage development
of agriculture and agriculturally related businesses and industries in
underdeveloped areas where existing resources can support a
higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal
production, farming, greenhouse industries, landscape production
and agri-tainment or agri-tourism uses." Equestrian training and
racing are directly related to, and dependent upon, agricultural uses
and provide agri-tainment opportunities that promote an
agriculturally -focused lifestyle.
3) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture to locate within
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably attainable." Equestrian training
and racing are directly related to, and dependent upon, agricultural
uses. Limits administered through the Development Standards
should ensure that impacts to surrounding properties are mitigated.
4) Section 22-2-20.1.1 (A.Policy 9.1) states: "Employ consistency and
fairness in the application of the principles of this Comprehensive
Plan to help reduce conflicts between the residents, the County, the
municipalities and the varying land uses." Consideration was given
to all referral agency and legitimate surrounding property owner
concerns in creating the Development Standards, which will
adequately ensure that negative impacts to surrounding properties
are mitigated.
B. Section 23-2-2-30.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 states: "The A (Agricultural) Zone District is also
intended to provide areas for the conduct of USES by Special
Review which have been determined to be more intense or to have
a potentially greater impact than USES Allowed by Right. The A
(Agricultural) Zone District regulations are established to promote
the health, safety and general welfare of the present and future
residents of the COUNTY." According to Section 23-3-20.T, Animal
boarding and training is a Use by Right in the A (Agricultural) Zone
District if the use by right animal unit allotment is not exceeded and
is allowed as a Use by Special Review by Section 23-3-40.6.10 if
that number is exceeded. The number of animal units allowed by
right is not expected to be exceeded for this site; however, the use
was included in the request to accurately represent the proposed
uses. A racing facility is permitted as a Use by Special Review in
the A (Agricultural) Zone District by Section 23-3-40.C.1.
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C. Section 23-2-230.8.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses.
1) There are two (2) USRs within one mile of the site, USR-1183, for
a natural gas pipeline and USR12-0071, for an oil and gas support
facility. Seven (7) surrounding property owners were notified of this
request. One adjacent property owner submitted a letter in favor of
the USR. Two surrounding property owners within the notification
area and three property owners outside the notification area
submitted letters or emails in objection to this USR. Concerns
included traffic, including the potential for traffic jams on
unmaintained County Road (CR) 21, noise, road maintenance,
safety, lighting, waste, adequate fire protection, and animal health.
The Conditions of Approval and Development Standards can
mitigate these concerns.
2) Private horse boarding and training facilities are a Use by Right in
the A (Agricultural) Zone (Section 23-3-20.T) and the property is not
currently in violation of zoning code.
3) An Improvements Agreement is a Condition of Approval for this
USR and will address concerns along maintained CR 102 and the
maintenance on unmaintained CR 21. The USR map would dictate
that visitors park in designated parking areas. A Traffic Control
Plan, recommended by both the Department of Public Works and
the Sheriff's Office, is a Condition of Approval for this USR. A sound
impact narrative submitted with the application concluded the
following, "Given the conservative assumptions of initial sound
production intensity levels and the site configuration, we can
declare the calculated off -site sound impact will be less than 55 dBA
across the site, complying with noise regulations for residential
areas." Noncompliance with the noise standard would result in
Probable Cause — Show Cause proceedings.
4) Lighting, so long as it is downcast and shielded, is allowed in Weld
County. According to the application, the only lights would be
standard barn lighting for the horse boarding and training facility
only and not used to light racing events, so no Lighting Plan is being
recommended. The Nuisance Management Plan submitted with the
application includes adequate waste removal.
5) Fire protection to the site is provided by the Nunn Fire Protection
District, which did not provide a referral response. The Sheriff's
Office recommends that the applicant develop an incident
management plan with the fire district prior to operation. The
applicant indicates that private security will be hired for racing
events. In accordance with the Sheriff's Office recommendation, the
applicant will provide a minimum of two (2) security guards for the
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first hundred (100) people and one (1) more per every fifty (50)
people.
6) A Development Standard has been added to ensure that the
animals coming to the site have current Equine Health Certificates
and a negative Coggins test.
7) The Improvements Agreement, Traffic Control Plan, Nuisance
Management Plan, Landscape, Screening and Maintenance Plan,
Incident Plan, Conditions of Approval and Development Standards
adequately address the concerns expressed by the surrounding
property owners. Noncompliance with Development Standards are
handled through the Probable Cause — Show Cause process
outlined in Section 2-4-40 of the Weld County Code.
D. Section 23-2-230.B.4 -- The uses which will 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 the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Town of
Nunn. No referral response was received from the town. The site is not
located within any Intergovernmental Agreement Areas, nor any urban
growth boundary area, regional urbanization area, overlay district or hazard
area.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not in a floodplain, airport
overlay district or geohazard area. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on soils designated as "Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
This site is non -irrigated, dryland pasture and no prime soils are affected
by this application.
G. Section 23-2-230.B.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 the health, safety, and welfare of the
inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Eduardo Salvador Rivera Torres, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0022, for an Animal Boarding and
Training Facility, and a Commercial Race Track in the A (Agricultural) Zone District, on the parcel
of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Landscaping, Screening and Maintenance Plan that screens the parking
areas, from adjacent properties and rights -of -way shall be submitted to,
and approved by, the Department of Planning Services.
B. The applicant shall dedicate and record 30 feet of right-of-way on the east
side of the section line along the entire frontage of the parcel.
C. An Improvements and Road Maintenance Agreement with triggers for
off -site improvements is required for this project. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
travel routes.
A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
E. A Traffic Control Plan to be updated annually conforming to the most
current version of the Manual on Uniform Traffic Control Devices standards
and prepared by a Certified Control Supervisor shall be submitted to, and
approved by, the Department of Public Works.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0022.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and/or screening in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on -site lighting.
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7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking area for emergency response
vehicles, vendors, customers and/or employees.
9) County Road 102 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.
10) County Road 21 Section Line is shown to have 30 feet of
unmaintained section line right-of-way on the west side of the
section line, per the Weld County GIS right-of-way map. The
applicant shall delineate the existing right-of-way on the site plan.
Show and label the section line right-of-way as "CR 21 Section Line
Right -of -Way, Not County Maintained." All setbacks shall be
measured from the edge of right-of-way.
11) The applicant shall show and label the approved access locations,
access type(s), approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall 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.
14) The applicant shall 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.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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.
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.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Operation:
A. An Emergency Incident Action Plan to be updated annually shall be
submitted and approved by the Department of Planning Services that
includes a schedule of annual events, a response plan for all events and
ensures that there is notification to Weld County Office of Emergency
Management, Nunn Fire Protection District and Law Enforcement prior to
the event to plan for any consequence management.
6. The Use by Special Review Permit 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d :4i EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
?4
Deputy Clerk to the Board
APPROVED AS T
orney
Date of signature: 041/17711
\ A z
Mike Freeman, Pro -Tern
Sean P Conway
of K. James
Steve Moreno
(NAY)
(AYE)
(AYE)
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDUARDO SALVADOR RIVERA TORRES
USR19-0022
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0022, for
an Animal Boarding and Training Facility, and a Commercial Race Track in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The operator shall be in compliance with the annual Emergency Incident Action Plan and
work with the Weld County Office of Emergency Management, Nunn Fire Protection
District and Law Enforcement to prepare a response plan for all events and ensure that
there is notification to those agencies prior to the event to plan for any consequence
management (Incident Plan).
4. The hours of operation for racing days shall be on Saturday or Sunday and no more than
eight (8) hours in length between 8:00 a.m. and 6:00 p.m.
5. The number of full-time, on -site employees shall be limited to two (2) and the number of
event employees will be limited to twenty (20), as stated in the application.
6. The number of attendees shall be limited to three hundred fifty (350) per event, as stated
in the application.
7. Events shall be limited to not more than sixteen (16) per year.
8. The security personnel shall be licensed and bonded. The number of security personnel
onsite shall be two (2) security personnel for the first one hundred participants and one
(1) additional security professional for each additional fifty (50) participants for events.
9. One (1) ambulance and two (2) persons trained in emergency medical technology shall
be onsite during any racing event.
10. A clean and sanitary enclosure where medical treatment may be rendered will be available
onsite during any event, which may include an ambulance and horse barn.
11. Any animal brought to the site for boarding, training, or racing shall have a current Equine
Health Certificate and a negative Coggins test.
12. One (1) State of Colorado Licensed Veterinarian shall be onsite during any event. The
veterinarian will remain onsite until the last event is over.
13. The State of Colorado Licensed Veterinarian(s) may administer a drug test before or after
each race.
14. No illegal gambling is permitted onsite at any time.
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15. The parking area on the site shall be maintained.
16. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
17. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
18. 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.
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S.30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
20. 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, C.R.S. §30-20-100.5.
21. Waste materials shall be handled, stored, and disposed of 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 I, of the
Weld County Code. The accepted Nuisance Management Plan shall be adhered to.
22. 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.
23. This facility shall adhere to the maximum permissible noise levels allowed in in the
Residential Zone as delineated in C.R.S. §25-12-103. The accepted sound impact
narrative shall be adhered to.
24. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility at al► 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.
25. Sewage disposal for the facility shall be by septic system. Any septic 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.
26. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
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27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
29. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
31. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
32. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
33. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
34. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
35. The historical flow patterns and runoff amounts on the site will be maintained.
36. Weld County is not responsible for the maintenance of on -site drainage related features.
37. 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.
38. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
39. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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
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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.
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 person moving into these areas must
recognize the various impacts associated with this development. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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