HomeMy WebLinkAbout20193558.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 19-0022
EDUARDO SALVADOR RIVERA TORRES
ANGELA SNYDER
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
LOT D REC EXEMPT RECX17-0069, PART SW4 SECTION 23, T9N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 102, EAST OF AND ADJACENT TO CR 21.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 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 22-2-20.8.3 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.
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 2
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 (Agncultural) Zone
Distnct 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
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 Sheriffs 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 Sheriffs 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 Sheriffs 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
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 3
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
1
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
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 pnme
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 Planning Commission 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)
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 4
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
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
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 5
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
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)
1
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)
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 6
Motion seconded by Elijah Hatch
VOTE
For Passage
Bruce Johnson
Michael Wailes ,
Lonnie Ford
Elijah Hatch
Against Passage
Bruce Sparrow
Richard Beck
Absent
Tom Cope
Gene Stile
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 16, 2019
Dated the 16th of July, 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 7
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)
Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of P anning Services)
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)
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)
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)
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)
One (1)
State of Colorado Licensed Veterinarian not related by blood, marriage or friendship to
shall be on site during any event. One of tThe veterinarians
will remain on site until the last event is over animal 4eav
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)
15. No illegal gambling is permitted on site at any time. (Department of Planning Services)
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 8
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)
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)
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 9
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,
o r 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
e ngineered 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
e nsure 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 Per
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.
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
RESOLUTION USR19-0022
EDUARDO SALVADOR RIVERA TORRES
PAGE 10
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
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
YnvwtCS
(CI \zum
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 16, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard
Beck, Elijah Hatch.
Absent: Skip Holland.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham, Hayley Balzano, Evan Pinkham, and Mike McRoberts,
Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
(Tom Cope left the hearing at 3:51 pm)
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR19-0022
EDUARDO SALVADOR RIVERA TORRES
ANGELA SNYDER
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
LOT D REC EXEMPT RECX17-0069, PART SW4 SECTION 23, T9N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 102, EAST OF AND ADJACENT TO CR
21.
Angela Snyder, Planning Services, presented Case USR19-0022, reading the recommendation and
comments into the record. Ms. Snyder noted that letters were submitted in objection regarding concerns
of noise, road maintenance, safety, lighting, waste, adequate fire protection and animal health. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Commissioner Wailes referred to Development Standard 15 regarding the no illegal gambling is permitted.
He understands that it is State law and asked how the Department of Planning Services can enforce that,
other than through the Sheriff's Department.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. An Improvements and Road Maintenance Agreement with triggers for offsite improvements
will be required.
Commissioner Johnson asked how dust will be handled. Mr. McRoberts said there will be a trigger for mag
chloride and it will be covered in the Improvements and Road Maintenance Agreement.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light noted that the Planning Commission may want to
add a time frame to Development Standard 7 or the facility will be required to put in septic and a water
source. She added that the application indicates that there are two wells on site, however, they are
domestic wells and they cannot be used for this use. Ms. Light said that the noise is restricted to the
residential zone and the applicants did submit a noise study and they indicated that they would comply with
the noise standard.
The Chair asked Ms. Light to clarify her request on Development Standard 7. Ms. Light said that if the
applicant wants to use portable toilets, under Environmental Health Policy, it is six months or less and there
is nothing in here that limits that.
1
Commissioner Hatch referred to Development Standard 13 regarding the requirement of two State of
Colorado licensed veterinarians not related by blood, marriage or friendship to any property owner,
applicant or participant and said that veterinarians are a very small community and asked how they would
expect to enforce that Ms Snyder said that this has been a development standard that they have used in
the past on racing facilities and not quite sure how it came to be Commissioner Wailes agreed
Shannon Toomey, AGPROfessionals, 3050 67th Avenue, Greeley, stated that she is representing the
applicant Ms Toomey stated that the request is to allow for an equestrian training, boarding and event
center The site will include a 600 -yard horse track, bleachers for spectators, a children's playground, a
horse stable and a barn for storage of maintenance equipment She said that the horse track has already
been constructed as a training track and it is a use by right The Use by Special Review that the applicant
is requesting is to allow the 50 to 350 spectators to watch the training events that occur on site
At full build out, the site will host racing events one to two times per month between the months of March
and October Since they are only allowed to use the portable toilets for six months, the races will occur
from April to September until permanent restrooms can be constructed
The applicants did submit a Temporary Assembly Permit application in 2018 and the Board of County
Commissioners directed them to apply for a USR to address any concerns Ms Toomey noted that the
race times won't start until after 10 am, however, they are requesting 8 am to allow for employees to come
and prepare the race events They are anticipating between 5 to 10 races per day
Ms Toomey said that noise limits will not exceed the residential limits measured 25 feet from the property
Commissioner Beck asked how many parking places will be identified for visitors Ms Toomey said that
there will be 150 spaces available and 30 spaces available for trailers Mr Beck asked if the parking will
be on gravel Ms Toomey said the parking area will have road -based material
Commissioner Beck asked if the horses will be kept in the stalls Ms Toomey said that if the boarding stalls
are full they will be kept in the trailers or in a fenced off area
Tim Naylor, AGPROfessionals, said this is typical of what is at a rodeo and people that bring horses to the
event would have a trailer that they would tether their horses to their trailers in the parking area He added
that the parking area is separated from the spectator parking
Commissioner Sparrow said he was concerned with spectators standing along the race track with no railing
Mr Naylor showed a visual slide of the railing for the horse track and there is 10 feet of distance to another
fence, so the spectators can not interfere with the horse track Mr Sparrow said that there is no way of
preventing betting but asked if the applicant will be involved in it Mr Naylor said the applicant will not have
any involvement at all and added that if there is betting it would be between two individuals
Commissioner Ford expressed concern regarding the road maintenance of County Road 21 Mr Naylor
said that they want to make sure the road is maintained He added that from the neighborhood meeting
that they held, the person at the end of the road at the intersection of County Roads 21 and 102 does not
want that road maintained because he would rather have the washboard there to slow the traffic down
Rebecca Hendricks, Block and Bridle Veterinary Service, 32649 CR 53, Greeley, Colorado, stated that any
horse coming from out of State to Colorado has to have a certificate of veterinary inspection This certificate
states that the animal has been examined and found free of infectious disease and is fit to travel The time
length of that validity is typically 30 days Ms Hendricks said that any horse that is in State will have some
mileage limitations that they still need to have a brand inspection and they will also have a brief health
check to ensure there are no signs of infectious disease
Ms Hendricks referred to the veterinarian community and said it is a surprisingly small community and they
know everyone so it is near impossible to find two veterinarians that don't have some sort of a kinship to
the property owner She said that they will have a veterinarian on site through the entire event to check for
health papers, any infectious diseases, and management any sort of medical or illnesses that arise while
horses are at the track
2
Commissioner Johnson referred to the bend at the end of the horse track and said it is a pretty abrupt turn
Ms Hendricks said that lengths of races can vary, and it is a relatively sharp curve at the end however it is
easier to make somewhat of a bend as horses can gallop a corner relatively easy The issues she has
seen is the horses running as fast as they can go and stopping at a fence and end up over the fence so if
there is a slow down time or a curve while they are still at a gallop that is a huge mitigation
(Gene Stifle left hearing at 6 00 pm)
Mr Naylor referred to Development Standard 13 regarding the two veterinarians related by blood and said
that this was removed at a previous Board of County Commissioner hearing for a previous horse track
application
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Rob Claudell, 50295 CR 21, stated that he lives across from the site entrance and expressed concern of
school bus route He added that these numbers that are being asked for mean nothing after the permit has
been granted as they tend to follow the guidelines of asking for forgiveness than for permission Mr
Claudell said that they moved out to this area for peace and quiet and not next to a commercial race track
He noted that in the past there was a massive fire out there and they are 45 to 60 minutes away from the
Sheriffs Department or ambulance
Mike Robbs, 9991 CR 102, said he will be taking most of the abuse of the dust on the road as he lives
directly across from it He is concerned that there is too much traffic and likes the road not being maintained
to slow people down He is not opposed to the boarding facility but is concerned with the race track
Aleta Claudell, 50295 CR 21, said that they have lived there for 10 years She said that the parking lot will
be facing her house and added that she lives the closest to the road that they will be driving in on, so it will
be 500 feet from her front door She also expressed concern regarding noise and doesn't believe it is
compatible with the neighborhood
Edward Mistier, 50409 CR 21, stated that he can see the track from their living room window He expressed
concern of incompatibility, noise, security at the event, fire protection, and not having a grading permit for
the race track He doesn't feel it is fair to impose on the existing neighbors
Chad Judge, 806 Kohler Farms Road, Kersey, Colorado, asked if there is possibility to consider access
from County Road 102 rather than County Road 21 He added that the roads that will be used will probably
be in the best condition they have ever been in He agrees that there needs to be a serious effort to
maintain trash control He suggested that maybe the property owner could have some water trucks on site
to respond to a fire
Cynthia Burkhart, 9309 CR 104, stated that she is opposed to this application She said that this has always
been designed to be a race track and added that there were 2 Facebook pages advertising events last
year She expressed concerns of illegal gambling, risk of spreading infectious diseases, changes in the
number of spectators, violation of not submitting a grading permit, fire hazards, trash, and incompatibility
with the neighborhood
Diana Varra, 9080 CR 102, stated that she owns property directly south of race track She said that they
calve out their calves on the corner of County Roads 102 and 19 from February through March and there
could be 300 cars coming past and it is a detriment to their farming operation She referred to the letter
from the Racing Commission who discouraged these events and expressed concern regarding the five hills
on County Road 102 and the safety of the traffic She added that they have large equipment that travel the
same roads that these 350 cars will be traveling
Rick Carlson, 7660 CR 102, stated that he lives two miles away He has known the owners since he was
in grade school and added that this is a top notch facility and very clean Mr Carlson said that he is on the
Board of Directors for the Colorado Regulators, which is the Colorado based Cowboy Mounted Shooting
Association for the State of Colorado He said that these horses are valuable, trained and very well cared
for He added that this facility will help train horses to the next level of competition and it will be done safely
and will have good cowboy techniques
3
Daryl Burkhart, 9309 CR 104, said that he is opposed to this and added that the majority will be good people
but there will be a small percentage that will leave trash and destroy properties There are no traffic lights
or stop signs and is concerned about the traffic safety He is also concerned about fire protection He
provided an Arapahoe Permit for racing where there is a background check to make sure there is no
gambling
Susan Mistier, 50419 CR 21, stated that they can see the race track from their house She agrees with the
safety concerns, impacts to the road and especially the dust as she has lung issues She added that she
is not a fan of mag chloride as it messes up the vehicles and it kills the grass along the roads Ms Mistier
said that the County Commissioners had denied the Temporary Assembly Permit because it was not
compatible with the area She is not opposed to the boarding facility but does oppose the race track
Jay Davis, 51229 CR 21, said that he is opposed to this and added that there is little to no means of
enforcing these development standards and they are not a policing force He stated that it is not palatable
for the neighbors
The Chair noted that a grading permit wasn't acquired and asked Mr McRoberts to explain Mr McRoberts
said that he doesn't have a lot of knowledge about the grading permits and said that in talking with his
college earlier today that the applicant did do the grading without the permit He added that because it is
intended to be a commercial facility they do need to get a grading permit Mr Naylor said a grading permit
should have been obtained He added that it was prior to AGPRO's involvement with this case and added
that they have completed a full drainage report, and this will be included with the grading permit
Mr Naylor said it is near impossible where this track would not impact somebody and added that it needs
to be in the ag zone district He stated that if the applicant doesn't follow the rules they can essentially lose
the ability to continue operating He added that they are trying everything to mitigate their concerns
Commissioner Ford asked how they will limit participation Mr Naylor said that they will have to follow the
gate and the owner knows how the races will draw the crowds and they will have to limit those
Commissioner Johnson asked if there is any way to access the event from County Road 102 rather than
County Road 21 Mr Naylor said that it is something that they can sit down with Public Works and work
out
Commissioner Ford asked if they couldn't have water trucks on site for each event for fire protection Mr
Naylor said that he asked the applicant during the hearing if they would have water trucks available for fire
and Mr Torres said that they do have water trucks, so they would be happy to have those on site
Commissioner Johnson said that trash is hard to control off -site, but it is something to think about Mr
Naylor said that they did submit a Nuisance Plan and they have addressed that in the plan He added that
they will be policing the site after the event to make sure that the trash is properly disposed of
I
The Chair asked Staff if they had any changes to the Resolution Ms Snyder referred to Development
Standard 13 regarding the two veterinarians not related by blood and said that it was taken out at a prior
Board of County Commissioner hearing She added that she would be in support of striking this
development standard Commissioner Johnson asked why we require two (2) veterinarians Mr Beck
agreed
Motion Amend Development Standard 13 to read "One (1) State of Colorado Licensed Veterinarian shall
be on site during any event The veterinarian will remain on site until the last event is over", Moved by
Bruce Johnson, Seconded by Richard Beck Motion carried unanimously
The Chair referred to the possible change suggested by the Health Department on Development Standard
7 Mr Naylor said that they are planning to have events from April to September as long as they have the
portable toilets He added that when they have a permanent facility for restrooms they will operate from
March to October Mr Choate said that he doesn't believe it is necessary to amend Development Standard
7 as it is addressed in Development Standard 25
4
Ms Toomey referred to Development Standard 42 where it states that the Use by Special Review Permit
shall be reviewed annually She added that this is the first time they have seen this and asked what the
review would entail Mr Naylor added that they don't believe it follows the county code Ms Snyder
recommended deleting that development standard
Motion Delete Development Standard 42, Moved by Elijah Hatch, Seconded by Bruce Johnson Motion
carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Commissioner Johnson said that these are never easy He said that he believes the applicant has done
an excellent job of trying to mitigate all the issues He added that trying to change the access from County
Road 21 would be a real positive step prior to the Board of County Commissioner hearing Commissioner
Sparrow agreed that the change of access would help a lot Mr Johnson said that he understands the fire
protection issue and added that area has changed drastically over the last few years in growth
Commissioner Beck said that he is familiar -with County Road 102 and he added there are some tremendous
hills on that road, so he would have real concerns with the access on County Road 102 because of the
topography
Motion Forward Case USR19-0022 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Elijah Hatch
Vote Motion passed (summary Yes = 4, No = 2, Abstain = 0)
Yes Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes
No Bruce Sparrow, Richard Beck
Absent Gene Stille, Tom Cope
Commissioner Beck said that he has spent 40 to 50 years in the horse business and is in support of all
horse business but doesn't believe a commercial track is compatible with the neighborhood He believes
traffic is a problem
Commissioner Sparrow said that having that many people on a Saturday is incompatible with the
neighborhood
Meeting adjourned at 7 11 pm
Respectfully submitted,
4-5\iebrie,yqa.d-ry�
Kristine Ranslem
Secretary
5
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