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Home My WebLink About20193559.tiffPlanner: Case Number: Applicant: Representative: Request: Legal Description: Location: LAND USE APPLICATION SUMMARY SHEET Angela Snyder USR19-0022 Eduardo Salvador Rivera Torres Shannon Toomey do AGPROfessionals Hearing Date: July 16, 2019 A Site Specific Development Plan and Use by Special Review for an Agricultural Service Establishment (animal boarding and animal training facility where the maximum number of animal units permitted in Subsection 23-3-50.D below is exceeded and/or when the traffic that is generated by the boarding or training activity exceeds sixty (60) trips per day to and from the property) and a Recreational Facility (commercial race track) in the A (Agricultural) Zone District Lot D of RECX17-0069, being a part of the SW4 of Section 23, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado North of and adjacent to CR 102, east of and adjacent to CR 21 Section Line Size of Parcel: +/- 121.94 acres Parcel No. 0453-23-3-00-034 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: y Weld County Department of Public Health and Environment, referral dated April 23, 2019 West Greeley Conservation District, referral dated May 13, 2019 Weld County Department of Public Works, referral dated May 20, 2019 Weld County Sheriff's Office, referral dated June 21, 2019 Colorado Division of Racing Events referral dated June 25, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Weld County Zoning Compliance, referral dated April 25, 2019 The Department of Planning Services' staff received referral responses from all referred agencies. Y Town of Nunn Y History Colorado Y Colorado Parks and Wildlife Y Nunn Fire Protection District Y Weld County School District RE -9 Y Weld County Department of Building Inspection USR19-0022, Torres, Page 1 of 12 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Angela Snyder Hearing Date: July 16, 2019 Case Number: USR19-0022 Applicant: Eduardo Salvador Rivera Torres Representative: Shannon Toomey c/o AGPROfessionals Request: A Site Specific Development Plan and Use by Special Review for an Agricultural Service Establishment (animal boarding and animal training facility where the maximum number of animal units permitted in Subsection 23-3-50.D below is exceeded and/or when the traffic that is generated by the boarding or training activity exceeds sixty (60) trips per day to and from the property) and a Recreational Facility (commercial race track) in the A (Agricultural) Zone District Legal Lot D of RECX17-0069, being a part of the SW4 of Section 23, Township 9 North, Description: Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 102, east of and adjacent to CR 21 Section Line Size of Parcel: +/- 121.94 acres Parcel No. 0453-23-3-00-034 Case Summary: This proposal is to permit the partially constructed horse track, boarding and training facility, called Nunn Downs, on approximately sixty (60) acres of the 121 -acre site. The site contains a 600 -yard horse track that measures 64 feet wide with a curved end to allow additional space for the horses to stop. The track consists of 3,000 -tons of sand that is leveled and groomed with a tractor on a regular basis. A pipe fence lines the track. An additional pipe fence running 20 feet from and parallel to the track fence is used to create space between spectators and the track. In addition to seasonal horse racing and training events, horse boarding will take place on site year-round. The proposed horse barn will be large enough to accommodate up to twenty horses. A second barn is proposed for storage of feed and other equipment used for site maintenance. The single-family residence is not proposed to be associated with the operation of the horse track, boarding and training facility. The only lighting will be downcast, shielded farm lights on the barn. The proposal includes a children's playground, bleachers, a spectator parking area, and a horse trailer parking area. A barn containing twenty horse stalls, a separate storage barn, and a single-family residence are proposed to be constructed on -site in the future. The hours of operation for the boarding and training facility will be daylight hours, Monday to Sunday and the hours will be generally between 8:00 a.m. and 6:00p.m., but no more than eight (8) hours on any given day. The site is proposed to host match -style or derby -style races with up to four (4) horses competing at one time. These races are for the purpose of training horses for events at larger venues. Races are proposed to be held 1-2 times a month on weekends from March to October, weather permitting. Races will take place during daytime hours and are proposed to run from one to eight hours per event. The number of spectators at each event is expected to range from 50 to 350 people. Licensed food vendors are proposed to serve food at some events. Trash containers will be provided for proper disposal of trash. A trash pickup crew is proposed to be on -site during and after each event to prevent littering on -site and along the roadways leading to the site. Contracted private security is proposed for all events. This will consist of at least two security guards at the entrance to inspect passenger vehicles USR19-0022, Torres, Page 2 of 12 and other security guards among the spectators. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.A.5 A.Policy 1.5. 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. Section 22-2-20.B.3 A.Policy 2.3. 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 provides agri-tainment opportunities that promote an agriculturally -focused lifestyle. Section 22-2-20. G.1 A. Policy 7. 1. 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. Section 22-2-20.1.1 A.Policy 9.1. 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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. 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 USR19-0022, Torres, Page 3 of 12 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 C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. 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 were the following with traffic including the potential for traffic jams on unmaintained County Road 21, noise, road maintenance, safety, lighting, waste, adequate fire protection, and animal health. 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. An Improvements Agreement with the Department of Public Works is a condition of approval for this USR and would address concerns along maintained County Road 102 but would not address the maintenance on unmaintained County Road 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. 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. 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. The Sheriff's Office recommends minimum security staffing levels of two (2) security guards for the first hundred (100) people and one (1) more per every fifty (50) people. An Animal Health Plan has been added as a conditional approval to address the health of the horses. A Development Standard has been added to ensure that the animals coming to the site have current Equine Health Certificates. The Improvements Agreement, Traffic Control Plan, Animal Health Plan, Nuisance Management Plan, Landscape and Screening 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. USR19-0022, Torres, Page 4 of 12 D. Section 23-2-220.A.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 area, regional urbanization area, overlay district or hazard area. E. Section 23-2-220.A.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 Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the 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 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 23-2-220.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. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A Landscape and Screening Plan shall be submitted and approved by the Department of Planning Services that screens the track from adjacent properties and rights of way. (Department of Planning Services) B. An Animal Health Plan shall be submitted and approved by the Department of Planning Services that details how the applicant that details care of the animals brought to the site and the collection of current health certificates. (Department of Planning Services) 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. (Department of Public Works) D. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) E. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the USR19-0022, Torres, Page 5 of 12 property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) F. 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 and approved by the Department of Public Works. (Department of Public Works) G. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0022 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 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. (Department of Planning Services) 5. The map shall delineate the landscaping and/or screening in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 6. The map shall delineate the onsite lighting. (Department of Planning Services) 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. (Department of Planning Services) 8. The map shall delineate the parking area for emergency response vehicles, vendors, customers and/or employees. (Department of Planning Services) 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. (Department of Public Works) 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. (Department of Public Works) 11. 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. (Department of Public Works) 12. Show and label the approved tracking control on the site plan. (Department of Public Works) 13. Show and label the entrance gate if applicable. An access approach that is gated shall USR19-0022, Torres, Page 6 of 12 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) 14. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 15. Show and label the drainage flow arrows. (Department of Public Works) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access and tracking control shall be constructed. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 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. (Department of Planning Services) 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. (Department of Planning Services) USR19-0022, Torres, Page 7 of 12 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, USR19-0022, for an Agricultural Service Establishment (animal boarding and animal training facility where the maximum number of animal units permitted in Subsection 23-3-50.D below is exceeded and/or when the traffic that is generated by the boarding or training activity exceeds sixty (60) trips per day to and from the property) and a Recreational Facility (commercial race track) 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 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). (Department of Planning Services) 4. The hours of operation for the boarding and training facility will be daylight hours, Monday - Sunday. Racing events will be on Saturday and Sunday and no more than eight (8) hours in length between 8:00a.m. and 6:00p.m. (Department of Planning Services) 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. (Department of Planning Services) 6. The number of attendees shall be limited to three hundred fifty (350) per event as stated in the application. (Department of Planning Services) 7. Events shall be limited to not more than sixteen (16) per year. (Department of Planning Services) 8. The number of security personnel on -site 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. (Department of Planning Services) 9. Two (2) persons trained in emergency medical technology shall be on site during any racing event. (Department of Planning Services) 10. One (1) ambulance shall be on site during any racing event. (Department of Planning services) 11. A clean and sanitary enclosure where medical treatment may be rendered will be available on site during any event. (Department of Planning Services) 12. Any animal brought to the site for boarding, training, or racing shall have a current Equine Health Certificate in accordance with the approved Animal Health Plan. (Department of Planning Services) 13. Two (2) State of Colorado Licensed Veterinarian not related by blood, marriage or friendship to any property owner, applicant, or participant shall be on site during any event. One of the veterinarians will remain on site until the last animal leaves the facility in accordance with the approved Animal Health Plan. (Department of Planning Services) 14. The State of Colorado Licensed Veterinarian(s) may administer a drug test before or after each race, with results kept on site for inspection in accordance with the approved Animal Health Plan. (Department of Planning Services) USR19-0022, Torres, Page 8 of 12 15. No illegal gambling is permitted on site at any time. (Department of Planning Services) 16. The parking area on the site shall be maintained. (Department of Planning Services) 17. 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. (Department of Planning Services) 18. The landscaping and screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 19. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized. (Department of Public Health and Environment) 20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 21. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 22. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. The accepted nuisance management plan shall be adhered to. (Department of Public Health and Environment) 23. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 24. This facility shall adhere to the maximum permissible noise levels allowed in in the Residential Zone as delineated in 25-12-103 C.R.S. The accepted sound impact narrative shall be adhered to (Department of Public Health and Environment) 25. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility at all times. Temporary uses that are utilized for a time period of six months or less, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from public view. (Department of Public Health and Environment) 26. Sewage disposal for the facility shall be by 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. (Department of Public Health and Environment) 27. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 28. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 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) USR19-0022, Torres, Page 9 of 12 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. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. (Department of Public Works) 36. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 37. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 38. 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) 39. 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. (Department of Building Inspection) 40. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 41. 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. 42. The Use by Special Review Permit may be reviewed annually. 43. 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. 44. 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. USR19-0022, Torres, Page 10 of 12 45. 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. 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. 46. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. 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 USR19-0022, Torres, Page 11 of 12 pivot operations, high speed traffic, sandburs, 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. USR19-0022, Torres, Page 12 of 12 June 07, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 TOOMEY SHANNON 3050 67TH AVE GREELEY, CO 80634 Subject: USR19-0022 - A Site Specific Development Plan and Use by Special Review for an Animal Boarding and Training Facility and Commercial Race Track in the A (Agricultural) Zone District On parcel(s) of land described as: LOT D REC EXEMPT RECX17-0069, PART SW4 SECTION 23, T9N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 16, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 14, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanninqcases.org If you have any questions concerning this matter, please call. Respectfully, Angela Snyder Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 April 12, 2019 TOOMEY SHANNON 3050 67TH AVE GREELEY, CO 80634 Subject: USR19-0022 - A Site Specific Development Plan and Use by Special Review for an Animal Boarding and Training Facility and Commercial Race Track in the A (Agricultural) Zone District On parcel(s) of land described as: LOT D RECX17-0069; PART SW4 SECTION 23, T9N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Nunn at Phone Number 970-897-2385 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Angela Snyder Planner DRAINAGE REPORT REVIEW CHECKLIST Project Name: USR19-0022 Nunn Downs The purpose of this checklist is to provide the applicant's Engineer a basic list of items that County Staff will review in regards to a drainage report. The drainage design shall meet the requirements of the Weld County Code and commonly accepted engineering practices and methodologies. A detention pond design (or other stormwater mitigation design) is appropriate for projects which have a potential to adversely affect downstream neighbors and public rights -of -way from changes in stormwater runoff as a result of the development project. The design engineer's role is to ensure adjacent property owners are not adversely affected by stormwater runoff created by development of the applicant's property. REPORT (0 = complete, ❑ = required) ©Stamped by PE, scanned electronic PDF acceptable ©Certification of Compliance ❑Variance request, if applicable ©Description/Scope of Work ©Number of acres for the site ❑Methodologies used for drainage report & analysis Design Parameters ❑Design storm - See #1 below ❑Release rate - See #1 below ©URBANIZING or NON -URBANIZING ©Overall post construction site imperviousness ©Soils types Ix❑ Discuss how the offsite drainage is being routed ©Conclusion statement must also include the following: ©Indicate that the historical flow patterns and run-off amounts will be maintained in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off for the 100 -year storm. ❑How the project impacts are mitigated. Construction Drawings ❑Drawings stamped by PE, (scanned electronic PDF preferred) Drainage facilities ❑Outlet details ❑Spillway Maintenance Plan ©Frequency of onsite inspections ©Repairs, if needed ©Cleaning of sediment and debris from drainage facilities ©Vegetation maintenance ❑Include manufacturer maintenance specifications, if applicable Comments: 1. The UD-Detention worksheet is used to calculate the runoff from the historic basin. with a time of concentration of 18 minutes for Basin 1 and 16 minutes for Basin 2. Use the UD-Rational worksheet which shows how the time of concentration is calculated or provide time of concentration calculations. An older UD-Rational (Version 1.02a) s available upon request. This uses the same time of concentration and runoff coefficients as the UD-Detention worksheet that is utilized. The urban check (Tc = ((L/180)+10) is a calculation for urban catchments, The historic runoff should not be calculated using this equation. 2. The UD-Detention worksheet used to calculate the volume for DB-2 has an impervious value of 5%. The rest of the calculations and the report indicate that the imperviousness of this basin is 11%. 4/11/2018 Atii Weld County Department of Public Works/ Development Review 1111 H Street, Greeley, CO 80631 I Ph: 970-400-3750 I Fax: 970-304-6497 www.weldgov.com/departments/public works/development_ review/ DRAINAGE REPORT REVIEW CHECKLIST 3. Pg 6. Section 1. second paragraph states that the flows on the site flow towards the west. I believe this should be the east. Section 2 of this page states "Stormwater runoff from Sub -Basin OS -1 will continue to flow northeast, OS -1 will continue to flow southeast." 4. Include calculations for the WQCV and WQCV orifices, 5. Include calculations for the outlet of the pond, 6. Include calculations for the spillway. 7. Include design information for swales and berms used to direct flows on site. The report mentions a proposed berm on the west side of the race track. There sill be some type of drainage infrastructure to convey flows north of the track in Basin 1 (A in the drawings) and some type of channel or swale on the east side of Basin 2 (B in the drawings) conveying stormwater to DB-2. Show proposed grading and label contours on the drainage plan. 8. Address how channelization of OS -1 will not occur Will the culvert at design point OS -1 convey the stormwater flows? Will CR102 experience any overtopping in a 100 year storm? Is any erosion protection required downstream of this culvert? 9. Please check the Section Township Range information on the submitted plans. 10. Once the revised design and drainage report have been submitted. the County may provide additional comments in addition to the ones listed above. Depending on the complexity of the changes made, a full 28 -day review period may be required. 11. Please provide a written response on how the above comments have been addressed when resubmitting the drainage report. Thank -you. 4/11/2018 Atii Weld County Department of Public Works! Development Review 1111 H Street, Greeley, CO 80631 I Ph: 970-400-3750 I Fax: 970-304-6497 www.weldgov.com/departments/public works/development_ review/ FIELD CHECK Inspection Date: 7/6/2019 Planner: Case Number: Applicant: Representative: Request: Legal Description: Location: Size of Parcel: Angela Snyder USR19-0022 Eduardo Salvador Rivera Torres Shannon Toomey c/o AGPROfessionals Hearing Date: July 16, 2019 A Site Specific Development Plan and Use by Special Review for an Agricultural Service Establishment (animal boarding and animal training facility where the maximum number of animal units permitted in Subsection 23-3-50.D below is exceeded and/or when the traffic that is generated by the boarding or training activity exceeds sixty (60) trips per day to and from the property) and a Recreational Facility (commercial race track) in the A (Agricultural) Zone District Lot D of RECX17-0069, being a part of the SW4 of Section 23, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado North of and adjacent to CR 102, east of and adjacent to CR 21 Section Line +/- 121.94 acres Parcel No. 0453-23-3-00-034 Zoning Land Use N A (Agricultural) N Ag, Rural Residential E A (Agricultural) E Ag, Rural Residential S A (Agricultural) S Ag, Rural Residential W A (Agricultural) W Ag, Rural Residential COMMENTS: The property is very hilly and it was not easy to see the whole track from one spot as it's masked almost entirely from County Road 102. There are no homes south of the property. There is one home to the east that would be most impacted by the track as it's quite close and the extra access to the track from County Road 102 parallels the driveway. The access off County Road 102 looks like an ag access but could be used for emergency responder access or even patron access with improvements. Most of the neighboring residences are situated along County Road 21 (unmaintained) with traffic for the track impacting the first two or three homes. There are two homes on the west side of the track but on the same side of County Road 21 and one home to the north of the track that may be impacted, although the topography places most of the homes far above the track. The main gate entrance is off the unmaintained County Road 21 and a rudimentary ranch archway goes over the entrance. The property has a simple white pipe fence along both adjacent roadways that matches the track. Angela Snyder, Planner Hello