HomeMy WebLinkAbout20171909.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER
APPLICANT.
PLANNER:
REQUEST
LEGAL DESCRIPTION
LOCATION
USR 17-0024
JACOB VARRA, CiO ANA ORNELAS
DIANA AUNGST
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
PART W2SW4 SECTION 6 T8N R65W OF THE 6TH P M WELD COUNTY.
COLORADO
NORTH OF AND ADJACENT TO CR 96 AND EAST OF AND ADJACENT TO CR 37
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2 It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows_
A Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.8.2. - 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.
I
RESOLUTION USR17-0024
JACOB VARRA. CIO ANA ORNELAS
PAGE 2
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.
Security
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.C.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./1/4_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
RESOLUTION USR17-0024
JACOB VARRA, C/O ANA ORNELAS
PAGE 3
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.
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.
G Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety. and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety. and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part. upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following
1. Prior to recording the 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)
E The map shall be amended to delineate the following'
RESOLUTION USR17-0024
JACOB VARRA, O/O ANA ORNELAS
PAGE 4
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)
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)
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RESOLUTION USR17-0024
JACOB VARRA, C/O ANA ORNELAS
PAGE 5
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 HARN StatePlane Colorado
North FIPS 0501 (US Feet) etc ). This digital file may be sent to maps(a7co.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)
Motion seconded by Tom Cope
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Against Passage Absent
Cherilyn Barringer
Gene Stifle
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. Kristine Ranslem. Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 20, 2017.
Dated the 2091 of June, 2017
4ti-LaWK,
Kristine Ranslem
Secretary
5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ana Ornelas
USR17-0024
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)
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RESOLUTION USR17-0024
JACOB VARRA. O/O ANA ORNELAS
PAGE 7
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 ITS.) 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)
7
RESOLUTION USR17-0024
JACOB VARRA 0/O ANA ORNELAS
PAGE 8
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 states 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
8
RESOLUTION USR17-0024
JACOB VARRA, C/O ANA ORNELAS
PAGE 9
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
9
?cL Mnnuukf s
ls)Il-
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. June 20, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Bruce Sparrow. at 12:30 pm.
Roll Call.
Present Bruce Johnson. Bruce Sparrow, Cherilyn Barringer. Gene Stille. Jordan Jemiola, Joyce Smock.
Michael Wailes. Terry Cross Tom Cope.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Michael Hall, Department of Planning
Services, Hayley Balzano. Department of Planning Services — Engineering Division: Lauren Light and Ben
Frissell. Department of Health Evan Pinkham, Public Works: Bob Choate County Attorney. and Kris
Ranslem Secretary
Motion: Approve the June 6. 2017 Weld County Planning Commission minutes. Moved by Joyce Smock,
Seconded by Gene Stifle. Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST.
LEGAL DESCRIPTION
LOCATION
USR 17-0024
JACOB VARRA. C/O ANA ORNELAS
DIANA AUNGST
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
PART W2SW4 SECTION 6. T8N, R65W OF THE 6TH P.M WELD COUNTY,
COLORADO
NORTH OF AND ADJACENT TO CR 96 AND EAST OF AND ADJACENT TO
CR 37
Diana Aungst. Planning Services, presented Case USR17-0024, reading the recommendation and
comments into the record_ The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards
Evan Pinkham, Public Works. reported on the existing traffic and access to the site. Mr. Pinkham said that
the traffic narrative was submitted and indicated that there would be up to 400 daily round trips with
occasional larger events with a higher amount of trips_ Therefore, Public Works is requiring the applicant
to submit a Traffic Impact Study completed by a Colorado Registered Engineer
Commissioner Smock referred to the three access points on the property and recalled that in past cases
the accesses were limited. Mr Pinkham said that the determination was made because of the size of the
parcel and the spacing requirements
Commissioner Wades referred to the email correspondence regarding the traffic study requirement and
asked when the applicant would need to complete it. Mr Pinkham said that Public Works would like it as
soon as possible: however. he understands the applicant would like to wait and make sure their site is
approved before putting money into the expense of a Traffic Study Public Works is requesting that it
becomes a condition of approval
Hayley Balzano. Engineering, reported on the drainage conditions for the site
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Cherilyn Barringer left the meeting at 4:41 pm.
Ana Ornelas. 6736 East 123'' Place. Brighton, Colorado, stated that they are not open daily and there are
weekends that they are not open so there won't be a constant 400 vehicles daily. She said that there are
EXHIBIT
1
u.SScz,l-1 - DO a
usually less than 500 people on a Saturday or a Sunday The bigger events. which are three to five times
per year. may have up to 2000 people and would be split between Saturday and Sunday She said that
her parents intend to build a residence on site as well. Ms. Ornelas stated that the north access is for
emergency and horse trailer exit only. The main entrance to the facility will be on the south side and the
residence access will be on the west side of the property
Commissioner Wades asked if any facilities will be used for overnight stay Ms_ Ornelas said that the people
come and go so it is staggered throughout the day.
Commissioner Wailes asked about veterinary care. Ms Ornelas said that they have requested that two (2)
Veterinarians be on site all day and added that they will be able to do any blood testing. Mr Wailes asked
if gambling will be allowed. Ms Ornelas said that no gambling is allowed but there are friendly bets.
Commissioner Smock referred to the application and asked about the training and conditioning of horses.
Ms. Ornelas said that the training and conditioning takes place between the races
Commissioner Johnson asked about the CRP acres. Ms Ornelas said that they will keep 40 acres in CRP
so they are not in violation of that program.
Commissioner Cope asked how they will handle firearms coming in. Ms. Ornelas said that they will hire
security guards to pat down the individuals and confiscate any weapons. She added that alcohol is not
allowed on the premises so that will be confiscated as well
Commissioner Cope clarified if anyone will be on site Monday through Friday Ms Ornelas replied no.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brian Bixler. 32705 Bravo Point. Greeley, Colorado. stated that he purchased the property east of this site
in December and planned to build a home and leave the remaining land in CRP He referred to the reports
from Channel 31 regarding the match horse races and drug activity. horse doping and illegal gambling. He
added that this is not conducive to this area. He is concerned that the access that everyone will enter will
be right next to where they planned to build their residence_
Kim Butler. 3807 Drake Court. Loveland. Colorado. stated that he is the realtor that is helping the Ornelas
family. He said that they talked to all the neighbors they could find He said that the Ornelas is under
contract to own the land and added that paving the one (1) mile would not be feasible for them
Ms. Ornelas apologized for not talking with the neighbor to the east but there was no building to leave any
information on_ She said she left the application and contact information for anyone who didn't open their
doors or were not home.
Ms. Ornelas said that they could swap the race track and the residence on the layout to accommodate the
neighbor's concern with the access
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR17-0024 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Jordan Jemiola, Seconded by Tom Cope
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7)
Yes: Bruce Johnson, Bruce Sparrow. Jordan Jemiola, Joyce Smock, Michael Wailes. Terry Cross. Toni
Cope
Absent: Cherilyn Barringer. Gene Stille
Commissioner Smock commented that she gets concerned with match races but felt that Staff did their due
diligence
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Commissioner Jemiola commended the applicant for reaching out to the neighborhood, their due diligence
with site selection, and working with the neighbor to adjust the site to make it more compatible for him.
Meeting adjourned at 5:30 pm.
Respectfully submitted,
'RanektVii,
Kristine Ranslem
Secretary
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