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Home My WebLink About20190954RESOLUTION RE: APPROVE FIRST MINOR AMENDMENT, 1MUSR18-17-0024, TO MODIFY DEVELOPMENT STANDARDS CONCERNING A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT, USR17-0024, FOR RECREATIONAL FACILITIES AND USES INCLUDING, RACE TRACKS AND RACE COURSES (MATCH HORSE RACING) IN THE A (AGRICULTURAL) ZONE DISTRICT - LEONEL ORNELAS, AND ANA ORNELAS-MORENO 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 10th day of April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Leonel Ornelas and Ana Ornelas-Moreno, 6736 E. 123rd Place, Brighton, CO 80602, for a First Minor Amendment to modify Development Standards Concerning the Site Specific Development Plan and Use by Special Review Permit, USR17-0024, for Recreational Facilities and uses including, Race Tracks and Race Courses (match horse racing) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the W1/2 SW1/4 of Section 6, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Section 23-2-285 of the Weld County Code provides standards for review of said Minor Amendment, 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 Planning Services staff 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 23-2-285.J of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-285.C of the Weld County Code as follows: A. Section 23-2-285.C.1 - The proposed changes will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The proposed changes and deletions to the development standards will be compatible with existing and allowed uses in the area and will be in harmony with the neighborhood because notice was sent out to adjacent property owners with no objections. The USR has been in operation since January 11, 2017, with no issues or complaints. Gam, PL ATP) l a) (1o)> 11-(2-4-) as/os/z� 2019-0954 PL2483 FIRST MINOR AMENDMENT (1MUSR18-17-0024) - LEONEL ORNELAS, AND ANA ORNELAS-MORENO PAGE 2 B. Section 23-2-285.C.2 - The proposed changes are consistent with the Comprehensive Plan pursuant to Chapter 22 of this Code. Section 22-2- 20.G.7 (A.Policy 7.2) states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development and should attempt to be compatible with the region." C. Section 23-2-285.C.3 - The proposed changes will not result in a substantial adverse impact on other property in the vicinity of the subject property. No neighbors objected to the modifications and deletions. D. Section 23-2-285.C.4 - The recommendations of referral agencies have been considered. The attached Conditions of Approval and Development Standards address the requirements of the referral agencies, which were notified of the proposed modifications and deletions. The Sheriff's Office, in an email dated March 5, 2019, stated, "no concerns". Environmental Health, in an email dated February 28, 2019, stated no concerns with the changes as long as the original Development Standard dealing with OWTS stays intact. The Office of Emergency Management did not respond. E. Section 23-2-285.C.5 - The proposed change is not deemed to be a major change. In discussions with staff at the Pre -Application (PRE17-0080) meeting on March 31, 2018, it was determined that the proposed modifications are consistent with the existing permit and minor in nature. However, the Director of the Department of Planning Services felt that the deletions to Development Standards could not be approved administratively and referred the Minor Amendment to the Board of County Commissioners pursuant to Section 23-2-285.D of the Weld County Code. F. Section 23-2-285.C.6 - The proposed changes must be consistent with the original Development Standards. Development Standards Nos 1-5 have no changes. Development Standard No.6 is proposed to be removed because the County no longer accepts Temporary Assembly Permits. New Development Standard No. 6 states that the applicant can have no more than 24 weekend events per year. Development Standard No. 7 is proposed to be removed, as the applicant doesn't feel the number of employees is needed. New Development Standards Nos. 7 and 8 are being modified to reflect language found under a similar permitted facility (1 MJUSRI7-16-0029, Reynaldo Bonilla). Development Standard No.10 is proposed to be removed because the language was added under new Development Standard No. 8. Development Standard Nos. 12-16 are proposed to be removed because none of these Development Standards have been required for similar permitted facilities (1MJUSR17-16-0029, Reynaldo Bonilla). New Condition of Approval #1.A and Development Standards #10, #11, and #12 are being added to address rights -of -way and an Improvements Agreement. The Board further finds that Development Standards #28 and #30 are deleted because the site is not in the 2019-0954 PL2483 FIRST MINOR AMENDMENT (1 MUSR18-17-0024) - LEONEL ORNELAS, AND ANA ORNELAS-MORENO PAGE 3 Commercial Zone and the limited use justifies portable toilets and bottled water. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Leonel Ornelas and Ana Ornelas-Moreno, a First Minor Amendment to modify Development Standards Concerning the Site Specific Development Plan and Use by Special Review Permit, USR17-0024, for Recreational Facilities and uses including, Race Tracks and Race Courses (match horse racing) 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 plat: A. The applicant shall execute a new Improvements and Road Maintenance Agreement, including a Traffic Control Plan, haul routes, dust control, damage repair to specified haul routes and triggered off -site improvements. This Traffic Control Plan shall address all size events. B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled 1MUSR18-17-0024. 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 lighting, if applicable. 6) The approved Lighting Plan. 7) The map shall delineate the parking area for the vendors, customers, and employees, as well as all ADA parking. 8) The applicant shall show the drainage flow arrows. 9) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 10) County Road 37 is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be 2019-0954 PL2483 FIRST MINOR AMENDMENT (1MUSR18-17-0024) - LEONEL ORNELAS, AND ANA ORNELAS-MORENO PAGE 4 measured from the edge of right-of-way. This road is maintained by Weld County. 11) County Road 96 is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 12) The applicant shall show and label the approved access(es), and the 60 -foot turning radii. 13) The applicant shall show and label the approved tracking control on the site plan. 14) The applicant shall show and label the entrance gate set back a minimum of 100 feet from the edge of shoulder. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 plat 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. The Department of Planning Services respectfully requests a digital copy of this First Minor Amended Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet) etc.). This digital file may be sent to maps@co.weld.co.us. 5. The activity related to First Minor Amendment, 1MUSR18-17-0024, to modify Development Standards concerning a Site Specific Development Plan and Use by Special Use Permit, USR17-0024, for Recreational Facilities and uses including, 2019-0954 PL2483 FIRST MINOR AMENDMENT (1MUSR-18-17-0024) - LEONEL ORNELAS AND ANA ORNELAS-MORENO PAGE 5 Race Tracks and Race Courses (match horse racing) in the A (Agricultural) Zone District, shall not occur until the First Minor Amended plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLQRADO ATTEST: 4)W. e&o Weld County Clerk to the heBoard Deputy Clerk to the Board arbara Kirkmeyer, hair Mike Freeman, Pro -Tern Date of signature: Qsl©gllq 2019-0954 PL2483 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LEONEL ORNELAS AND ANA ORNELAS-MORENO FIRST MINOR AMENDMENT, 1MUSR18-17-0024 1. The First Minor Amendment, 1MUSR18-17-0024, to Site Specific Development Plan and Use by Special Review Permit, USR17-0024, is for Recreational Facilities and Uses including, Race Tracks and Race Courses (match horse racing) 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 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 Use by Special Review Permit shall not be transferrable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 5. The hours of operation are dependent on weather. Racing will only operate during daylight hours. A. Saturday or Sunday - 10:00 a.m. - 7:00 p.m. - April 1 to September 30. B. Saturday or Sunday - 10:00 a.m. - 4:00 p.m. - October 1 to March 31. 6. Events shall be limited to no more than twenty-four (24) weekends annually. 7. The number of security personnel on -site will be two (2) security personnel for the first one hundred (100) participants and one (1) additional security professional for each additional fifty (50) participants for the race track and match racing events. 8. For any race track or match racing events in which it can reasonably be expected to have more than 350 people in attendance, one (1) ambulance shall be onsite. 9. A clean and sanitary enclosure where medical treatment may be rendered will be available on the site during any event. 10. 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. 11. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 12. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 2019-0954 PL2483 FIRST MINOR AMENDMENT DEVELOPMENT STANDARDS (1MUSR18-17-0024 - LEONEL ORNELAS, AND ANA ORNELAS-MORENO PAGE 2 13. The parking area on the site shall be maintained. 14. The signage on the site shall be maintained in accordance with the approved Signage Plan. 15. 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. 16. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 18. The historical flow patterns and runoff amounts on the site will be maintained. 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. 20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §Section 30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 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, Section C.R.S. §30-20-100.5. 22. 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. 23. Fugitive dust should attempt to be confined on the property. On the day of racing events, fugitive dust shall be controlled. Uses on the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations. 24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility at all times. Portable toilets and bottled water are acceptable. One (1) portable toilet shall be provided for every one hundred (100) people. 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 and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent residences. 2019-0954 PL2483 FIRST MINOR AMENDMENT DEVELOPMENT STANDARDS (1MUSR18-17-0024 - LEONEL ORNELAS, AND ANA ORNELAS-MORENO PAGE 3 25. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 26. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. 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. 27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 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. 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 29. 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. 30. 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. 31. 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. 32. 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 2019-0954 PL2483 FIRST MINOR AMENDMENT DEVELOPMENT STANDARDS (1 MUSR18-17-0024 - LEONEL ORNELAS, AND ANA ORNELAS-MORENO PAGE 4 quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons 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. 33. 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. 2019-0954 PL2483 Hello