HomeMy WebLinkAbout20173050.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: August 15, 2017
Case Number: 1MJUSR17-16-0029
Applicant: Reynaldo Bonilla
Situs Address: 21505 County Road 22, Hudson, CO 80642
Representative: Deanne Frederickson - AGPROfessionals, 3050 67th Avenue, Suite #200, Greeley, CO
80634
Request:
A Site Specific Development Plan and Major Amendment to USR16-0029 for Any Use
Permitted as a Use by Special Review in the Commercial or Industrial Zone Districts, (Event
Center for up to 200 people, along with an office and shop for tack sales) provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan
filed prior to the adoption of any regulations controlling subdivisions) to allow Commercial
Recreation (Use of Horse Track and Riding Arena for up to 350 people) in the A
(Agricultural) Zone District.
Legal Lot A & Lot B of Recorded Exemption RE -4329: located in Part NE4 of Section 10, T2N,
Description: R65W of the 6th PM, Weld County
Location:
Size of Parcel:
Approximately 0.8 mile north of County Road 22 and approximately 2.1 miles west of County
Road 49. Access point off nearest County Road is County Road 22 approximately 2.5 miles
west of County Road 49.
+1- 33.22 acres Parcel No. 130710100012
130710100013
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:
Weld County Department of Public Works, referral dated June 12, 2017
Y Weld County Department of Planning Services - Engineer, referral dated June 6, 2017 and August 2,
2017
Y Weld County Department of Public Health and Environment, referral dated June 7, 2017
Y Colorado Division of Water Resources, referral received June 12, 2017 and August 2, 2017
Y Town of Hudson, referral dated June 14, 2017
Y Weld County Department of Public Works (Traffic Impact Study review), referral dated June 15, 2017
1MJUSR17-16-0029 - BONILLA
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral received May 22, 2017
• USDA, referral dated June 12, 2017
• Weld County Sheriff's Office, referrals dated June 5, 2017
• Weld County Extension, referral dated June 12, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V V
Weld County Department of Building Inspection
Colorado Parks and Wildlife
Colorado Department of Transportation
Hudson Fire Protection District
School District RE -3J
Farmer's Irrigation Ditch & Reservoir Company
Encana
USDA -APHIS Vet Service
Department of Racing
1MJUSR17-16-0029 - BONILLA
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: August 15, 2017
Case Number: 1MJUSR17-16-0029
Applicant: Reynaldo Bonilla
Address: 21505 County Road 22, Hudson, CO 80642
Representative: Deanne Frederickson - AGPROfessionals, 3050 67th Avenue, Suite #200, Greeley, CO
80634
Request:
A Site Specific Development Plan and Major Amendment to USR16-0029 for Any Use
Permitted as a Use by Special Review in the Commercial or Industrial Zone Districts, (Event
Center for up to 200 people, along with an office and shop for tack sales) provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan
filed prior to the adoption of any regulations controlling subdivisions) to allow Commercial
Recreation (Use of Horse Track and Riding Arena for up to 350 people) in the A (Agricultural)
Zone District.
Legal Lot A & B of Recorded Exemption RE -4329: located in Part NE4 of Section 10, T2N, R65W of
Description: the 6th PM, Weld County
Location: Approximately 0.8 mile north of County Road 22 and approximately 2.1 miles west of County
Road 49. Access point off nearest County Road is County Road 22 approximately 2.5 miles
west of County Road 49.
Size of Parcel: +1- 33.22 acres Parcel No. 130710100012
130710100013
Case Summary:
The Board of County Commissioners approved USR16-0029 (Event Center for up to 200 People, along
with an Operating Office and Shop for Tack Sales) on January 11, 2017. The applicant is proposing to
amend USR16-0029 to allow the additional use of the track and riding arena for up to 350 people.
Additional uses of the track and riding arena will include use as a race track and match racing. The
applicant is proposing to operate the facility (track and riding arena) for events on weekends between the
hours of 10 AM and 8 PM weather permitting. Under this proposal events could occur (weather
permitting) twelve (12) months of the year. This proposed amendment includes construction of a restroom
facility with running water and an additional septic permit. The access to the site is via a private access. A
non-exclusive right-of-way easement between the applicant and the Farmer's Reservoir and Irrigation
Company was recorded in 2008 for this access. The easement does not limit the use of the access to
specific uses. The Farmer's Reservoir and Irrigation Company was notified of this application via the
referral process and has not provided a response.
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.
1MJUSR17-16-0029 - BONILLA
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 22-2-10 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."
The site is located in a rural agricultural area located approximately 1 mile north of
County Road 22 and access is provided through an easement. The nearest residences
are located approximately 1,600 feet to the southwest of the site.
The attached development standards and conditions of approval (including a limit of
number of attendees, limits on hours of operation, an improvements and road
maintenance agreement, a traffic control plan, requirements for on -site security and
medical personnel) will adequately mitigate the impacts of the use.
Section 22-2-20.D. A.Goal 4. States: "Promote a quality environment which is free of
derelict vehicles, refuse, litter and other unsightly materials."
The application indicates that trash will be collected in a covered trash dumpster and will
be removed at least once (1) a week by a trash removal company.
Section 22-2-20.H States: "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change
for more intensive development"
Water will be provided by an existing commercial well permit (80304 F). The well is
permitted to withdraw up to 7.5 acre feet on an annual basis. The applicant has indicated
that the facility will utilize septic systems.
Development standards are attached requiring adequate security, veterinarians and
medical personnel and equipment to be on site during events.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.S allows for Any use permitted as a use by
right, an accessory use, or a Use by Special Review in the commercial or industrial zone
districts provided that the property is not a lot in an approved or recorded subdivision plat
or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions and Section 22-2-20.C allows for Commercial Recreation and Race tracks
and race courses as a Use by Special Review in the Agricultural Zone District.
Section 23-3-10 - Intent 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 attached development standards and conditions of approval (including a limit of
number of attendees, an improvements and road maintenance agreement, a traffic
control plan, requirements for on -site security and medical personnel) will adequately
mitigate the impacts of the use.
1MJUSR17-16-0029 - BONILLA
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The USR site is located in an agricultural area. Cropland is located to the north and
south. There are two (2) single-family residences located approximately 1,600 feet to the
southeast of the site. A Use by Special Review Permit for a truck parking and
maintenance facility is located to the west (approved under USR-1634). The USR-1634
site is owned by the applicant as well.
Two (2) phone calls have been received regarding this case. One phone call expressed
concerns regarding whether or not the septic system will have adequate capacity to serve
this use and whether the septic will be subject to Colorado Department of Public Health
and Environment (CDPHE) requirements. The second phone call alleged that the
applicant was continuing to hold events (races) on the property and that litter is being
thrown by participants/attendees of the rodeo adjacent to County Road 22.
Two (2) letters and one (1) e-mail have been received in regards to this case.
Concerns/objections outlined in these letters/e-mail include:
Crime and safety concerns.
Noise
Water pollution
Dust from traffic
Access Road is not designed for the amount of traffic and not designed for two-
way traffic.
Light pollution from traffic accessing the event.
Traffic is trying to access the site from other dead-end accesses to the east (no
room to turn -around.
Lack of oversite
Greater risk of alcohol, drugs and fire arms from large crowds
Inadequate trash mitigation plan
Loss/impact on quality of life
Allegations that applicant is already holding events for up to 1,500 people (no
visible security on site)
The application indicates the facility will utilize two (2) septic systems (not exceeding
2,000 gallons in capacity). Septic systems that do not exceed 2,000 gallons do not trigger
Colorado Department of Public Health and Environment (CDPHE) permitting
requirements.
The only activity related to horses (in addition to the event center approved under
USR16-0029) currently allowed is horse training and boarding which allows a total of four
(4) horses per acre and 60 trips per day to and from the site.
The Weld County Sheriff's Office reviewed this application and indicated no conflicts in
their referral dated June 5, 2017.
The application indicates that trash will be collected in a covered, confined trach
dumpster and removed at least weekly by a trash removal company.
The attached development standards and conditions of approval (including a limit of
number of attendees, noise standards, limits on hours of operation, an improvements and
road maintenance agreement, a traffic control plan, requirements for on -site security and
medical personnel & equipment) will adequately mitigate the impacts of the use.
1MJUSR17-16-0029 - BONILLA
D. That the uses which would be permitted will be compatible with future development of the
surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of this Code or master plans of affected municipalities.
This property is located within the 3 -mile referral area for the Town of Hudson. The Town
of Hudson, in their referral dated June 15, 2017 indicated that the Town of Hudson
Planning Commission has reviewed the proposed amendment and states: "The
Commission is concerned for the health, safety and welfare of spectators, participants
and animals partaking in the racing activities proposed for the site. We would hope that
the review process for this amendment has taken into account previous activities at
similar facilities and has incorporated the concerns of the Hudson Fire Protection District
and their ability to provide emergency services to the site.
No referral response has been received from the Town of Hudson Fire Protection District.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
This property is not located within an overlay district nor within a 100 -year floodplain
boundary.
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 approximately 15 acres delineated as Irrigated "Prime" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. Agricultural related
uses are proposed for the property (Horse riding arena, horse practice track barns and
pasture) are proposed for this site in addition to the event center.
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 attached Conditions of approval and Development Standards will provide adequate
provisions for the protection of health, safety and welfare.
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. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including dust control, damage repair, specified haul
routes and future traffic triggers for improvements will be included. (Department of Public
Works)
B. The applicant shall address the requirements of the Colorado Division of Water Resources
as stated in their referral dated June 12, 2017. Written evidence of such shall be provided to
the Department of Planning Services. (Colorado Division of Water Resources)
1MJUSR17-16-0029 - BONILLA
C. The applicant shall attempt to address the comments of the Town of Hudson as stated in
their referral dated June 14, 2017. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Hudson)
D. The applicant shall submit a Traffic Control Plan for review and approval by the
Departments of Planning Services, Public Works and the Weld County Sheriff's Office. The
plan shall address internal site circulation, parking, and ingress and egress to the venue.
Additionally, the traffic control, including signage and directional personnel on the permitted
travel route, shall be reviewed. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 1MJUSR17-16-0029 (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. Show and label the access and utility easement to provide legal access to the parcel
on the site plan. (Department of Planning Services -Engineer)
6. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Water
Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume. (Department of Planning Services -Engineer)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
8. County Road 22 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
9. County Road 24 Section Line is shown to have 60 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
10. Show and label the approved access(es) (APxx-xxxxx), and the appropriate turning
radii (60') on the site plan. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
1MJUSR17-16-0029 - BONILLA
12. 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)
13. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar plat 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
4. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are
required prior to operation. Off -site improvements include a left-hand deceleration lane on
County Road 22 and a right-hand deceleration lane on County Road 22. (Department of
Public Works)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
5. 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. (Department of Planning Services)
6. The Department of Planning Services respectfully requests a digital copy of this "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 FIRS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co us. (Department of Planning Services)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat 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)
1MJUSR17-16-0029 - BONILLA
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Reynaldo Bonilla
1 MJUSRI7-16-0029
1. A Site Specific Development Plan and Major Amendment to Use by Special Review Permit No.
USR16-0029 (Event Center for up to 200 people, along with an office and shop for tack sales) to
include to allow Commercial Recreation (Use of Horse Track and Riding Arena (including for use as a
race track and match racing) for up to 350 people) 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, Hudson 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 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. (Department of Planning Services)
5. Total guests/visitors to the event center shall be limited to 200 people per event. (Department of
Planning Services)
6. Events at the event center shall not operate past 12:00 a.m. (midnight), Monday through Sunday. Per
the USR16-0029 application, the majority of events occurring in the event center will occur on
weekends. (Department of Planning Services)
7. Total guests/visitors to horse track and riding arena shall be limited to 350 people per event.
(Department of Planning Services)
8. Events occurring at the horse track and riding arena shall be limited to between the hours of 10:00
am and 8:00 pm on Saturdays and Sundays. (Department of Planning Services)
9. 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 arena, race track and match racing events. (Department of Planning Services)
10. Two (2) persons trained in emergency medical technology shall be on site for arena, race track and
match racing events. (Department of Planning Services)
11. One (1) ambulance shall be on site during any arena, race track and match racing event.
(Department of Planning Services)
12. A clean and sanitary enclosure where medical treatment may be rendered will be available on site
during any arena, race track and match racing event. (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 arena, race track and match
racing event. One of the veterinarians will remain on the site until the last animal leaves the facility.
(Department of Planning Services)
1MJUSR17-16-0029 - BONILLA
14. The State of Colorado Licensed Veterinarian(s) may administrator a drug test before or after each
race, with results kept on site for inspection. (Department of Planning Services)
15. No illegal gambling is permitted on site at any time. (Department of Planning Services)
16. No firearms are permitted on site at any time. (Department of Planning Services)
17. No alcoholic beverages shall be allowed on site nor shall alcohol be served at any time. (Department
of Planning Services)
18. The parking area on the site shall be maintained. (Department of Planning Services)
19. 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)
20. 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)
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
22. 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 30-20-100.5, C.R.S. (Department of Public Health and Environment)
23. 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. This includes
any paint emissions or overspray. The applicant shall operate in accordance with Chapter 14, Article
1 of the Weld County Code. (Department of Public Health and Environment)
24. 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)
25. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
26. 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 and
shall contain hand sanitizers. (Department of Public Health and Environment)
27. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility at all times. 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. (Department of Public Health and Environment)
28. In the event the septic system requires a design capacity of 2,000 gallons or more of sewage per day
the applicants shall adhere to the requirements of the Colorado Department of Public Health and
Environment, Water Quality Control Division's (WQCD) Regulations. (Department of Public Health
and Environment)
1MJUSR17-16-0029 - BONILLA
29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (well
permit 80304F). (Department of Public Health and Environment)
30. In the event the facility's water system serves more than 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not
subject to these requirements, the Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and periodically
thereafter. (Department of Public Health and Environment)
31. 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)
32. 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)
33. The property owner shall control noxious weeds on the site. (Department of Public Works)
34. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
35. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
36. The property owner shall control noxious weeds on the site. (Department of Public Works)
37. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
38. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
39. Weld County Public Works shall review construction plans submitted for the required off -site
improvements. (Department of Public Works)
40. 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. (Department
of Planning Services)
41. 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. (Department of Building Inspection)
42. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
43. 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.
1MJUSR17-16-0029 - BONILLA
44. 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.
45. 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.
46. 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.
47. WELD COUNTY'S RIGHT TO FARM: 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.
1MJUSR17-16-0029 - BONILLA
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.
1MJUSR17-16-0029 - BONILLA
June 26, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
FREDERICKSON DEANNE
3850 67TH AVE STE 200
GREELEY CO 80634
Subject: 1MJUSR17-16-0029 - A Site Specific Development Plan and Major Amendment to
USR16-0029 (Any Use Permitted as a Use by Special Review in the Commercial or Industrial Zone
Districts, (Event Center for up to 200 people, along with an office and shop for tack sales) provided that
the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed
prior to the adoption of any regulations controlling subdivisions) to allow Commercial Recreation (Use of
Horse Track and Riding Arena (including for use as a race track and match racing) for up to 350 people)
in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NE4 SECTION 10, T2N, R65W LOT REC EXEMPT RE -4329 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 1, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 16, 2017
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.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
.
/M4,
Chris Gathman
Planner
1
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
May 19, 2017
FREDERICKSON DEANNE
3850 67TH AVE STE 200
GREELEY CO 80634
Subject: 1MJUSR17-16-0029 - A Site Specific Development Plan and Major Amendment to
USR16-0029 (Any Use Permitted as a Use by Special Review in the Commercial or Industrial Zone
Districts, (Event Center for up to 200 people, along with an office and shop for tack sales) provided that
the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed
prior to the adoption of any regulations controlling subdivisions to allow Commercial Recreation (Use of
Horse Track and Riding Arena for up to 350 people) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NE4 SECTION 10, T2N, R65W LOT A REC EXEMPT RE -4329 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:
Hudson at Phone Number 303-536-9311
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,
tML
Chris Gathman
Planner
FIELD CHECK inspection dates: 8/5/2017
APPLICANT: Reynaldo Bonilla
CASE #: 1MJUSR17-16-0029
REQUEST: A Site Specific Development Plan and Major Amendment to USR16-0029 for Any Use
Permitted as a Use by Special Review in the Commercial or Industrial Zone Districts, (Event
Center for up to 200 people, along with an office and shop for tack sales) provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan
filed prior to the adoption of any regulations controlling subdivisions) to allow Commercial
Recreation (Use of Horse Track and Riding Arena for up to 350 people) in the A (Agricultural)
Zone District.
LEGAL: Lot A & B of Recorded Exemption RE -4329; located in Part NE4 of Section 10, T2N,
R65W of the 6th PM, Weld County
LOCATION: Approximately 0.8 mile north of County Road 22 and approximately 2.1 miles west of
County Road 49. Access point off nearest County Road is County Road 22 approximately
2.5 miles west of County Road 49.
PARCEL ID #s: 1307-10-1-00-012 & 1307-10-1-00013
ACRES:
+/- 33.22 acres
Zoning
Land Use
N
A
N
Cropland
E
A
E
Cropland - 2 SF residences to SE
S
A
S
O&G Production facility/Cropland
W
A
W
SF residence/USR for trucking Business
COMMENTS:
Existing oil and gas tanks to the south of site. Existing horse track at north end of site - outdoor arena
located to south of track.
Chris Gathman - Planner III
Hello