HomeMy WebLinkAbout20171908.tiffRESOLUTION
RE: APPROVE 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 - JACOB VARRA, C/O ANA ORNELAS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of
July, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jacob Varra, c/o Ana Ornelas, P.O. Box 273, Nunn, CO 80648, for 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, on the following described real estate, being more particularly
described as follows:
Part of the W1/2 SW1/4 of Section 6, Township 8
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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
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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 (6)
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.
a. 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 ten (10) of
the stalls meeting ADA standards. There is no landscaping
on the site and no new landscaping is being proposed. The
applicant is requesting two (2) 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 234 -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 and it will be 25 feet wide. Cattle
guards are proposed for both access points.
b. 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 two (2)
persons for the first 350 spectators and one (1) for every
350 persons after that with at least one (1) emergency
ambulance. In the event of an emergency, a staff member
will guide the emergency personnel to the situation.
c. Security - The application materials state that the applicant
will provide security guards for all events. Five (5) security
guards will be present for the first 350 persons attending the
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event, and at least two (2) additional guards between 350
and 500 persons. Ten (10) additional security guards for
security within and among spectators to be on -site
throughout the entire event. Security will check all vehicles
as they enter the 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.
d. 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
Conditions of Approval and Development Standards, 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 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.C.1 of the Weld County
Code provides for Recreational Facilities and Uses, including Race Tracks
and Race Courses (match horse racing), as a Use by Special Review in
the A (Agricultural) Zone District.
C. Section 23-2-230.B.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. 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 be
mobilized during 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.
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D. Section 23-2-230.6.4 -- 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 the three (3) mile referral area of the
Town of Nunn. The Town of Nunn did not respond with any referral agency
comments.
E. Section 23-2-230.B.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, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.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 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.
G. Section 23-2-230.B.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jacob Varra, do Ana Ornelas, for 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, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and traffic triggers for improvements
will be included based on the approved Traffic Impact Study.
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
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documentation stating that the land to be used for the USR is no longer in
a Conservation Easement (CRP).
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.
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.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0024.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the lighting, if applicable.
6) The approved Lighting Plan.
7) The map shall delineate the parking area for the vendors,
customers, and employees, as well as all ADA parking.
8) The applicant shall show the drainage flow arrows.
9) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
10) County Road 37 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
11) County Road 96 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
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feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
12) Show and label the approved access(es) (AP#17-00275), and the
60 -foot turning radii.
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 the edge of shoulder.
F. If the applicant does not own the adjacent property to the east, then the
driveway and parking area will be moved to the west side of the site.
2. The applicant shall develop an Emergency Incident Action Plan with the Office of
Emergency Management, the Fire District, and law enforcement. 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.
3. 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.
4. 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.
5. 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 FIPS
0501 (US Feet) etc.). This digital file may be sent to maps@co.weld.co.us.
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6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
7. Within six (6) months of the first event, the property owner shall install the septic
system(s).
8. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of July, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifteti ,i1
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: —715 / 17
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
`Sean P. Conway
Freeman
arbara Kirkmeye
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JACOB VARRA, C/O ANA ORNELAS
USR17-0024
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0024, is
for Recreational Facilities and Uses including, Race Tracks and Race Courses (match
horse racing) in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The operator shall be in compliance with the annual Emergency Incident Action Plan and
work with the Weld County Office of Emergency Management, Nunn Fire District and Law
Enforcement to prepare a response plan for all events and ensure that there is notification
to those agencies prior to the event to plan for any consequence management (Incident
Plan).
4. The Use by Special Review Permit shall not be transferrable to any successors in interest
to the prescribed property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
5. The hours of operation are dependent on weather. Racing will only operate during daylight
hours.
a. Saturday or Sunday - 10:00 a.m. - 7:00 p.m. - April 1 to September 30.
b. Saturday or Sunday - 10:00 a.m. - 4:00 p.m. - October 1 to March 31.
6. Large events (greater than 500 attendees) are limited to five (5) times per year and will
require a Temporary Assembly Permit.
7. The minimum number of venue employees will be 20 persons, as stated by the applicant.
8. Five (5) security guards for the first 350 persons attending the event and two additional
security guards between 350 and 500 persons. Ten (10) additional security guards for
security within and among the spectators shall be on the site during any event.
9. Two (2) persons trained in emergency medical technology for the first 350 persons and
one (1) additional EMT for every 350 persons after that shall be on the site during any
event.
10. One (1) ambulance shall be on -site during any event.
11. A clean and sanitary enclosure where medical treatment may be rendered will be available
on the site during any event.
12. Two (2) State of Colorado Licensed Veterinarians not related by blood, marriage or
friendship to any property owner, applicant, or participant shall be on the site during any
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event. One of the veterinarians will remain on the site until the last animal leaves the
facility.
13. The State of Colorado Licensed Veterinarian(s) may administer a drug test before or after
each race, with results kept on the site for inspection.
14. No gambling is permitted on -site at any time.
15. No firearms are permitted on -site at any time.
16. No alcoholic beverages shall be allowed on -site, nor shall alcohol be served at any time.
17. The parking area on the site shall be maintained.
18. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. 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.
24. 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.
25. 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.
26. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
27. Fugitive dust should attempt to be confined on the property. On the day of racing events,
fugitive dust shall be controlled. Uses on the property shall comply with the Colorado Air
Quality Commission's Air Quality Regulations.
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28. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
29. Adequate drinking, handwashing 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.
30. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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.
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.
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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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
39. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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