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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR17-0024
Jacob Varra cio Ana Ornelas
Hearing Date: June 20, 2017
A Site Specific Development Plan and Use by Special Use Permit for Recreational
Facilities and uses including, Race Tracks and Race Courses (Match Horse Racing)
in the A (Agricultural) Zone District
The W2SW4 of Section 6, T8N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to CR 96 and east of and adjacent to CR 37
Size of Parcel: +/- 82.01 acres Parcel No. 0551-06-3-00-024
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 Extension Office, referral dated June 13, 2017
Weld County Farm Service Agency, referral dated May 5, 2017
Weld County Office of Emergency Management, referral dated June 6, 2017
Weld County Department of Public Works - Access, referral dated May 16, 2017 revised June 14, 2017
Weld County Department of Planning Services - Engineer, referral dated May 16, 2017
Weld County Department of Public Health and Environment, referral dated May 22, 2017
State of Colorado, Department of Revenue, Enforcement Division Racing, referral dated May 31, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y
y
Division of Water Resources, referral dated May 30, 2017
Weld County Sheriff's Office, referral dated June 13, 2017
Weld County Zoning Compliance, referral dated May 3, 2017
Weld County School District RE -9, referral dated May 10, 2017
West Greeley Conservation District, referral dated May 8, 2017
Northern Colorado Water Conservancy District, referral dated May 2, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Nunn
Colorado Parks and Wildlife
Nunn Fire Protection District
State of Colorado Veterinarian
Weld County Department of Building Inspection
USR17-0024, Ornelas - Match Horse Racing
Page 1 of 11
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR17-0024
Jacob Varra c/o Ana Ornelas
Hearing Date: June 20, 2017
A Site Specific Development Plan and Use by Special Use Permit for Recreational
Facilities and uses including, Race Tracks and Race Courses (Match Horse Racing)
in the A (Agricultural) Zone District
The W2SW4 of Section 6, T8N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to CR 96 and east of and adjacent to CR 37
+1- 82.01 acres Parcel No. 0551-06-3-00-024
The applicant is requesting a Use by Special Review permit for the training, conditioning, and racing of
horses "Imperial Horse Racing Facility" (Facility). There will be no boarding of any of the race horses on
the property. Six lean-to horse stalls totaling 600 square feet will be used by the horse owners as a set- up
site (saddling up) before the race. Forty acres of the 80 -acre parcel will be left as native grass under the
CRP plan and the other 40 acres will be mowed to accommodate the horse track and parking area.
Overview
The race track will be a dirt track 52 -feet wide and 600 -yards long. The races are either a match style race
where two (2) horses race against one another or a derby style race with up to four (4) horses competing.
The races will be conducted on weekends, during daytime hours, weather permitting not to exceed 104
days out of the year. The duration of one event is no more than six (6) hours. The maximum number of
horses expected on site during the large events is 40.
The minimum number of venue employees will be 20 persons. The application materials state that 400
parking stalls are proposed with 10 of the stalls meeting ADA standards. There is no landscaping on the
site and that no new landscaping is being proposed. The applicant is requesting two signs. A 15 -foot -tall
entry sign over the access and a 20 -square -foot sign. A three -wire fence will surround the site and there
will be an inside fence for the track consisting of 2% inch pipe.
The application materials include a Dust Abatement Plan, a Waste Handling Plan, and a Fire
Protection/Emergency Security Plan. The primary access point will be on CR 96 it will be 30 feet wide and
provide for 2 -way traffic. An emergency access point is proposed along CR 37 it will be 25 feet wide. Cattle
guards are proposed for both access points.
Emergency Services
The number of spectators vary but it is expected that there will be no more than 500 people at the smaller
events. Larger events, which will occur 3-5 times a year, will have up to two -thousand (2,000) people in
attendance. The application materials state that personnel trained in emergency medical technology will be
hired and will be present during large events. A minimum 2 persons for the first 350 spectators and 1 for
every 350 persons after that with at least 1 emergency ambulance. In the event of an emergency, a staff
member will guide the emergency personnel to the situation.
USR17-0024, Ornelas - Match Horse Racing
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Securit
The application materials state that the applicant will provide security guards for all events. A minimum of
two (2) security guards for every 350 persons attending event, and at least 5 additional guards for security
within and among spectators to be on site throughout the entire event. Security will check all vehicles as
they enter premises and patrol the property while the event takes place. The applicant will not allow alcohol,
weapons, or contraband on the property. No food or beverage sales are proposed; however, vendors may
be hired to sell food. Bottled water and portable toilets will be provided. A liability waiver will be required
for anyone that will be on the track. Also, at the entrance an adult will need to sign a waiver for any underage
child that will be with them in the horseltrailer area. The parking area for the trucks with horse trailers will
be fenced off.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.B.2. - A.Policy 2.2. states "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial and industrial
uses should be encouraged to locate in areas that minimize the removal of agricultural land
from production."
The applicant is requesting a Use by Special Review permit for the training, conditioning, and
racing of horses "Imperial Horse Racing Facility" (Facility). There will be no boarding of any of
the race horses on the property. Six lean-to horse stalls totaling 600 square feet will be used
by the horse owners as a set- up site (saddling up) before the race. Forty acres of the 80 -acre
parcel will be left as native grass under the CRP plan and the other 40 acres will be mowed to
accommodate the horse track and parking area.
Overview
The race track will be a dirt track 52 -feet wide and 600 -yards long. The races are either a match
style race where two (2) horses race against one another or a derby style race with up to four
(4) horses competing. The races will be conducted on weekends, during daytime hours,
weather permitting not to exceed 104 days out of the year. The duration of one event is no
more than six (6) hours. The maximum amount of horses expected on site during the large
events is 40.
The minimum number of venue employees will be 20 persons. The application materials state
that 400 parking stalls are proposed with 10 of the stalls meeting ADA standards. There is no
landscaping on the site and that no new landscaping is being proposed. The applicant is
requesting two signs. A 15 -foot -tall entry sign over the access and a 20 -square -foot sign. A
three -wire fence will surround the site and there will be an inside fence for the track consisting
of 2% inch pipe.
The application materials include a Dust Abatement Plan, a Waste Handling Plan, and a Fire
Protection/Emergency Security Plan. The primary access point will be on CR 96 it will be 30
feet wide and provide for 2 -way traffic. An emergency access point is proposed along CR 37
it will be 25 feet wide. Cattle guards are proposed for both access points.
USR17-0024, Ornelas - Match Horse Racing
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Emergency Services
The number of spectators vary but it is expected that there will be no more than 500 people at
the smaller events. Larger events, which will occur 3-5 times a year, will have up to two -
thousand (2,000) people in attendance. The application materials state that personnel trained
in emergency medical technology will be hired and will be present during large events. A
minimum 2 persons for the first 350 spectators and 1 for every 350 persons after that with at
least 1 emergency ambulance. In the event of an emergency, a staff member will guide the
emergency personnel to the situation.
Securit
The application materials state that the applicant will provide security guards for all events. A
minimum of two (2) security guards for every 350 persons attending event, and at least 5
additional guards for security within and among spectators to be on site throughout the entire
event. Security will check all vehicles as they enter premises and patrol the property while the
event takes place. The applicant will not allow alcohol, weapons, or contraband on the property.
No food or beverage sales are proposed; however, private vendors may be hired to sell food.
Bottled water and portable toilets will be provided. A liability waiver will be required for anyone
that will be on the track. Also, at the entrance an adult will need to sign a waiver for any
underage child that will be with them in the horse/trailer area. The parking area for the trucks
with horse trailers will be fenced off.
The application materials include a Dust Abatement Plan, a Waste Handling Plan, and a Fire
Protection/Emergency Security Plan. The submitted Plans along with the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.0.1 of the Weld County Code provides for recreational facilities
and uses including Race tracks and race courses as a Use by Special Review in the A
(Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures and crops. The closest residence is approximately one-
half mile west of the site. There is one (1) USR within one mile of this site. SUP -296 for gravel
mining is located southeast of the site.
The applicant has submitted an approved Dust Abatement Plan, Waste Handling Plan, Manure
Management Plan and will have a minimum of one port -a -let for every 100 persons anticipated
for each event for effluent flows. Trash containers will be placed throughout the property in
areas where spectators and participants congregate, and the applicant has indicated that a
trash crew will mobilized during the event and after the event to collect trash and debris on site
and along the County Roads where the traffic to and from the venue will travel. The application
materials state there will be no alcohol, firearms or other contraband permitted on the premises,
and if found or located, the materials will be confiscated by the hired site security personnel.
The Weld County Department of Planning Services has not received any correspondence
concerning this USR.
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 located within a three (3) mile referral area of the Town of Nunn. The Town of Nunn
did not respond with any referral agency comments.
USR17-0024, Ornelas - Match Horse Racing
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E. Section 23-2.220.A.5 The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District.
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 USR is located on soils designated primary as "Prime if they become Irrigated" and "High
Potential Dry Cropland - Prime if they become Irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed USR will not take any Prime
(Irrigated) Farmland out of production and lands have historically been in CRP.
C. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2.250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
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 Weld County Farm Service Agency, as
stated in the referral response dated May 5, 2017. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. The applicant shall provide written
documentation stating that the land to be used for the USR is no longer in a Conservation
Easement (CRP). (Department of Planning Services)
C. 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)
D. The applicant shall submit a Traffic Impact Study completed by a Colorado Registered
Professional Engineer to the Department of Public Works. The Traffic Impact Study shall cover
items listed on the technical completeness checklist. (Department of Public Works)
USR17-0024, Ornelas - Match Horse Racing
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E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0024. (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 lighting, if applicable. (Department of Planning Services)
6) The approved Lighting Plan. (Department of Planning Services)
7) The map shall delineate the parking area for the vendors, customers, and employees, as
well as all ADA parking. (Department of Planning Services)
8) The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
9) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Planning Services -Engineer)
10) County Road 37 is a gravel road and is designated on the Weld County Road Classification
Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the existing right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld County. (Department of
Public Works)
11) County Road 96 is a gravel road and is designated on the Weld County Road Classification
Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the existing right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld County. (Department of
Public Works)
12) Show and label the approved access(es) (AP17-00275), and the 60 foot turning radii on
the site plan. (Department of Public Works)
13) Show and label the approved tracking control on the site plan.
14) Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder.
(Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one hundred twenty (120) days from the date
of the Board of County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
USR17-0024, Ornelas - Match Horse Racing
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. 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 HARM
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. 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)
6. 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)
USR17-0024, Ornelas - Match Horse Racing
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ana Ornelas
USRI7-0024
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0024, for
Recreational Facilities and uses including, Race Tracks and Race Courses (Match Horse Racing)
in the A (Agricultural) Zone District, 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 property owner shall work with the Nunn Fire District and Law Enforcement to prepare a
response plan for events and ensure that there is notification to those agencies prior to the event
to plan for any consequence management (Incident Plan). (Office of Emergency Management)
4. The Special Use 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. The hours of operation are dependent on weather. Racing will only operate during daylight hours.
a. Saturday or Sunday - 10:00 a.m. - 7:00 p.m. - April 1 to September 30.
b. Saturday or Sunday - 10:00 a.m. - 4:00 p.m. - October 1 to March 31.
c. Large events might take up both days. (Department of Planning Services)
6. The minimum number of venue employees will be 20 persons, as stated by the applicant.
(Department of Planning Services)
7. Five (5) security guards for first 350 persons attending the event and ten (10) additional security
guards for security within and among the spectators shall be on site during any event. (Department
of Planning Services)
8. Two (2) persons trained in emergency medical technology for the first 350 persons and one (1)
additional person for every 350 persons after that shall be on site during any event. (Department
of Planning Services)
9. One (1) ambulance shall be on site during any event. (Department of Planning services)
10. A clean and sanitary enclosure where medical treatment may be rendered will be available on site
during any event. (Department of Planning Services)
11' . Two (2) State of Colorado Licensed Veterinarian not related by blood, marriage or friendship to any
property owner, applicant, or participant shall be on site during any event. One of the veterinarians
will remain on site until the last animal leaves the facility. (Department of Planning Services)
12. The State of Colorado Licensed Veterinarian(s) may administer a drug test before or after each
race, with results kept on site for inspection. (Department of Planning Services)
13. No illegal gambling is permitted on site at any time. (Department of Planning Services)
14. No firearms are permitted on site at any time. (Department of Planning Services)
15. No alcoholic beverages shall be allowed on site nor shall alcohol be served at any time.
(Department of Planning Services)
16. The parking area on the site shall be maintained. (Department of Planning Services)
USR17-0024, Ornelas - Match Horse Racing
Page 8 of 11
17. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
18. The property owner shall control noxious weeds on the site. (Department of Public Works)
19. 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)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
22. 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)
23. 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)
24. 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)
25. 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.
(Department of Public Health and Environment)
26. 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)
27. This facility shall adhere to the maximum permissible noise levels allowed in in the Commercial
Zone as delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
28. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility at all times. Temporary uses 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)
29. 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)
30. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
31. 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)
USR17-0024, Ornelas - Match Horse Racing
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32. 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)
33. 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)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
USR17-0024, Ornelas - Match Horse Racing
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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.
USR17-0024, Ornelas - Match Horse Racing
Page 11 of 11
May 30, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
ORNELAS ANA
4710 WILLOW ST APT 301
DENVER CO 80238
Subject: USR17-0024 - A Site Specific Development Plan and Use by Special Use Permit for
Recreational Facilities and uses including, Race Tracks and Race Courses (Match Horse Racing) in the
A (Agricultural) Zone District
On parcel{s) of land described as:
PART W2SW4 SECTION 6, T8N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 20, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 5, 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,
VSkik&-Q9,attAlj,
Diana Aungst
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
May 2, 2017
ORNELAS ANA
4710 WILLOW ST APT 301
DENVER CO 80238
Subject: USR17-0024 - A Site Specific Development Plan and Use by Special Use Permit for
Recreational Facilities and uses including, Race Tracks and Race Courses (Match Horse Racing) in the
A (Agricultural) Zone District
On parcel(s) of land described as:
PART W2SW4 SECTION 6, T8N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Nunn at Phone Number 970-897-2385
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 6/9117
Case Number: USR17-0024
Applicant: Jacob Varra c/o Ana Ornelas
Request: A Site Specific Development Plan and Use by Special Use Permit for Recreational
Facilities and uses including, Race Tracks and Race Courses (Match Horse Racing)
in the A (Agricultural) Zone District
Legal
Description:
The W2SW4 of Section 6, T8N, R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 96 and east of and adjacent to CR 37
Size of Parcel: +/- 82.01 acres
Parcel No. 0551-06-3-00-024
Zoning
Land Use
N
A (Agricultural)
N
Agriculture
E
A (Agricultural)
E
Agriculture
S
A (Agricultural)
S
Agriculture
W
A (Agricultural)
W
Agriculture
COMMENTS:
The site is vacant land. There are no existing access points to the site.
°g.,k Xj )
Diana Aungst, Planner
Diana Aungst
Subject: FW: RE: FW: Questions (PRE17-0080)
From: Evan Pinkham
Sent: Wednesday, June 14, 2017 10:22 AM
To: Ana Ornelas <lachikisss23@gmail.com>
Cc: Hayley Balzano <hbalzano@co.weld.co.us>; Michelle Martin <mmartin@weldgov.com>; Diana Aungst
<daungst@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>
Subject: RE RE: FW: Questions (PRE17-0080)
Ana,
Thank you for sending that email history with Janet Lundquist. Our department has reviewed the traffic narrative, and
have determined that a traffic study is required. The Department of Public Works will review the information provided in
the traffic study, and determine what, if any, improvements will be required along the traffic route.
Please let me know if you have any questions.
Thanks,
Evan
Evan Pinkham
Development Review
Weld County Public Works
1111 H Street, P.O. Box 758
Greeley, CO 80632
(970)400-3727
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Ana Ornelas [mailto:lachikisss23@gmail.com]
Sent: Wednesday, June 14, 2017 5:31 AM
To: Evan Pinkham <epinkham@weldgov.com>; Diana Aungst <daungst@weldgov.com>
Subject: Fwd: RE: FW: Questions (PRE17-0080)
Good morning,
1
I am just a little confused. Do I or do I not need a traffic study done? I thought that the traffic study was waived
by Janet back in April and only a traffic narrative was required.
Below is the conversation we had.
Thanks
Forwarded message
From: "Janet Lundquist" <jlundquist(u co.weld.co.us>
Date: Apr 11, 2017 9:37 AM
Subject: RE: FW: Questions (PRE17-0080)
To: "Diana Aungst" <daun st(r co.weld.co.us>, "Ana Ornelas" <lachikisss23(k2mail.com>
Cc: "Morgan Gabbert" <mgabbcrVrco.wcld.co.us>, "Hayley Balzano" <hbalzano(eico.weld.co.us>, "Evan
Pinkham" <cpinkham(rico.weld.co.us>
Hi Ana,
1. Do I need to have a traffic study done by a professional engineer? If so, who do you recommend? On the notes sent
to me it says that back in 2010 a ADT was done. (4vpd with 14% trucks). On the last USR a traffic study was waived due
to the lack of traffic. Can this be the case as well?
I will waive the traffic study for now. Please submit a Traffic Narrative depending on that narrative I may request a
traffic study. just answer the following questions for the Traffic Narrative:
A. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site)
B. Describe the expected travel routes or haul routes for site traffic.
C. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.)
D. Describe the time of day that you expect the highest traffic volumes from above.
2. For traffic control notes say that a minimum of 300 ft of recycled asphalt is required. Would 120 ft be acceptable like
the last USR? Also, since the gravel pit is across the property, would gravel work as traffic control and if so can we buy
gravel from the county?
Our standard has changed since you submitted. You will need to follow the current standard. The County does not
sell gravel, sorry!
If you need anything else please let me know.
Thanks,
Janet Lundquist
Support Services Manager
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax- 970.304.6497
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by
return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
2
From: Diana Aungst
Sent: Tuesday, April 11, 2017 8:58 AM
To: Ana Ornelas <lachikisss234_gmail.com>
Cc: Morgan Gabbert <mgabbcrt(ci)..co.weld.co.us>; Hayley Balzano <hbalzano(iico.weld.co.us>; Janet
Lundquist <jlundquist(i.co.weld.co.us>; Evan Pinkham <cpinkham(ci:;co.wcld.co.us>
Subject: RE: FW: Questions (PRE17-0080)
Ana
Q.3. What am I required to write for Improvements/ Road maintenance agreement? Or is that something that the County
comes up with? The County will create this document.
Regards,
Diana Aungst, AICP, CFM
Planner II
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-400-3524
Fax: (970) 304-6498
daungst(a?weldgcv.corn
www.weldgov.com
00
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Ana Ornelas [mailto:lachikisss23@gmail.com]
Sent: Tuesday, April 11, 2017 8:25 AM
To: Diana Aungst <daungst@co.weld.co.us>
Cc: Morgan Gabbert <mgabbert@co.weld.co.us>; Hayley Balzano <hbalzano@co.weld.co.us>; Janet Lundquist
<jundquist@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>
Subject: Re: FW: Questions (PRE17-0080)
Good morning!
I haven't heard back from the planning team yet in regards to the questions I have. I would like to know so I
can wrap up the application packet and send it in asap.
Hope you had a great weekend!
Thanks,
Ana
On Apr 7, 2017 7:41 AM, "Diana Aungst" <daungst(a:co.wcld.co.us> wrote:
Please see below questions concerning traffic and road improvements. And drainage
3
Diana Aungst, MCP, CFM
Planner II
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-400-3524
Fax: (970) 304-6498
dau ngst(c�weldgov.com
www.weldgov.com
CIO
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Ana Ornelas [mailto:lachikisss23@gmail.com]
Sent: Thursday, April 06, 2017 4:06 PM
To: Diana Aungst <daungst@co.weld.co.us>
Subject: Questions
Hello Diana,
I have a couple of questions for you.
1. Do I need to have a traffic study done by a professional engineer? If so, who do you recommend?On the
notes sent to me it says that back in 2010 a ADT was done. (4vpd with 14% trucks). On the last USR a traffic
study was waived due to the lack of traffic. Can this be the case as well?
2. For traffic control notes say that a minimum of 300 ft of recycled asphalt is required. Would 120 ft be
acceptable like the last USR? Also, since the gravel pit is across the property, would gravel work as traffic
control and if so can we buy gravel from the county?
3. What am I required to write for Improvements/ Road maintenance agreement? Or is that something that the
County comes up with?
4. Last but not least, do I need a drainage survey map and drainage report?
Thank you!
Ana Ornelas
4
Hello