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Home My WebLink About20163711BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille, 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 16-0029 REYNALDO BONILLA CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS. (EVENT CENTER FOR UP TO 200 PEOPLE. ALONG WITH AN OPERATING OFFICE AND SHOP FOR TACK SALES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -4329; PART NE4 SECTION 10, T2N, R65W OF THE 6TH P M . WELD COUNTY. COLORADO APPROXIMATELY 4.100 FEET NORTH OF CR 22 AND APPROXIMATELY 2.1 MILES WEST OF CR 49 ACCESS POINT OFF NEAREST COUNTY ROAD IS OFF CR 22 APPROXIMATELY 2 5 MILES WEST OF CR 49. 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.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 proposed site is located in a rural, agricultural area. and is proposing to utilize an existing access off of County Road 22 that is utilized by the existing single-family residence and business (owned by the applicant) to the west of the site. Conditions of approval (improvements agreement) and development standards (noise limits.. ) will address impacts associated with this use. Section 23-2-220_A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S allows for Any use permitted as a use by right. an accessory use. or a Use by Special Review in the commercial or industrial zone districts provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Section 23-2-220 A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Two single-family residences are located approximately 1.600 feet to the southeast. aO1(49- 1 ! I RESOLUTION USR16-0029 REYNALDO BONILLA PAGE 2 One letter of concern/objection has been received from an adjacent property owner A summary of concerns mentioned in the letter include_ • Commercial operations should be done through a change of zone process vs. a USR. • Events have been occurring on the property and on at least one (1) occasion the private access to the east of the facility shared by neighboring visitors has been used • Farmer's Ditch needs to be notified of this use and the USR should not proceed until any additional fees for use of the access (if required) are collected by the ditch company • Drinking and trash on the site need to be controlled and a plan needs to be in place to address these issues_ • How will the sanitation capacity of 2.000 gallons per day be monitored for compliance? • Noise - what are hours of operation - will night events occur that will generate noise? Staff also received one phone call — expressing concern that events have been regularly occurring on this property. There is not a pending zoning violation for operation of events on the property (no zoning violation complaint has been submitted). Rezoning the property to commercial would open up the possibility of a variety of different commercial uses being allowed to operate on the property as a use by right. The Use by Special Review permit is limited to this specific use. Per the nuisance management plan (submitted with the application) trash will be collected in a covered, confined trash dumpster and will be removed weekly by Waste Management or alternate trash removal company. There is an access permit that has been granted (AP16-00370) - the proposed use is required to use the existing access point on County Road 22 (8,000 feet to the west of County Road 41). No additional accesses (including the existing access on the County Road 45 section line further to the east) are approved to be utilized for this use. D Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Hudson The Town of Hudson in their referral comments. dated August 10. 2016 indicated that they have no concerns. Section 23-2-220.A 5 -- The application complies with Chapter 23. Articles V and XI. of the Weld County Code The site is not in a floodplain. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F Section 23-2-220.A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 15 acres delineated as Irrigated "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Agricultural related uses are proposed for the property (Horse riding arena. horse practice track barns and pasture) are proposed for this site in addition to the event center RESOLUTION USR16-0029 REYNALDO BONILLA PAGE 3 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. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Planning Services - Engineer) 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) The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR16-0029 (Department of Planning Services) 2 The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code. (Department of Planning Services) 4 The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5 The map shall delineate the lighting_ (Department of Planning Services) 6 County Road 22 is a paved road and is designated on the Weld County Road Classification Plan as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of- way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 7. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume (Department of Planning Services — Engineer) 8 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 9 Show and label the approved access (AP16-00370). and the appropriate turning radii on the site plan (Department of Public Works) 10 Show and label the approved tracking control on the site plan. (Department of Public Works) RESOLUTION USR16-0029 REYNALDO BONILLA PAGE 4 11. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) 12. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 13. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated. private, or deeded to provide adequate access to the parcel. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the 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) 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 mapsco.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Planning Services - Engineer) B. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) 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) RESOLUTION USR16-0029 REYNALDO BONILLA PAGE 5 Motion seconded by Cherilyn Barringer. VOTE For Passage Bruce Sparrow Cherilyn Barringer Joyce Smock Terry Cross Tom Cope Gene Stifle Against Passage Absent Bruce Johnson Jordan Jemiola Michael Wailes 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 November 15, 2016. Dated the 15"' of November. 2016 411\146611-, 44.noturu Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bonilla USR16-0029 1. A Site Specific Development Plan and Use by Special Review Permit, USR16-0029. for Any Use Permitted as a Use by Special Review in the Commercial or Industrial Zone Districts, (Event Center for up to 200 people, along with an office and shop for tack sales) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to the adoption of any regulations controlling subdivisions 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. Total guests/visitors to the event center shall be limited to 200 people per event. (Department of Planning Services) 4. Events shall not operate past 12:00 a.m. (midnight) Monday — Sunday. Per the application, the majority of events occurring in the event center will occur on weekends. (Department of Planning Services) 5. Onsite animal boarding and training facilities (stable. riding arena and horse track) shall be limited to a maximum of 4 (four) horses per acre and traffic associated with animal boarding and training facilities shall be limited to 60 trips per day to and from the site on a daily basis. (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 9. 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., as amended. (Department of Public Health and Environment) 10. 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) 11 Animal and feed wastes. bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and Environment) 12. Fugitive dust shall 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) 13. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C R.S. (Department of Public Health and Environment) 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility. at all times. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Onsite Wastewater Treatment Systems (Department of Public Health and Environment) RESOLUTION USR16-0029 REYNALDO BONILLA PAGE 7 15. In the event the septic systems require a design capacity of 2.000 gallons or more of sewage per day the applicants shall adhere to the requirements of the Colorado Department of Public Health and Environment, Water Quality Control Division's (WQCD) Regulations. (Department of Public Health and Environment) 16. 17. For employees that are on site for less than 2 consecutive hours a day or 10 or less customers or visitors per day 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) 18. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. In the event the facility's water system serves more than 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these requirements, the Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter_ (Department of Public Health and Environment) 19. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 20. 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) 21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct. nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 22. The property owner shall control noxious weeds on the site. (Department of Public Works) 23. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 27. 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) 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. RESOLUTION USR16-0029 REYNALDO BONILLA PAGE 8 29. 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. 30. 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. 31. 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. 32. 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. 33. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness. wildlife, lack of city noise and congestion. and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on rural roads: dust from animal pens, field work, harvest and gravel roads: odor from animal confinement, silage and manure; smoke from ditch burning: flies and mosquitoes: hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102. C.R.S.. provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a' nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches. lakes, or other structures. unless they have an adjudicated right to the water. RESOLUTION USR16-0029 REYNALDO BONILLA PAGE 9 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. �C MA n tAftS U-► 5--1( SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 15, 2016 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 Sparrow, Cherilyn Barringer, Gene Stifle. Joyce Smock, Terry Cross, Tom Cope. Absent: Bruce Johnson, Jordan Jemiola, and Michael Wailes. Also Present: Kim Ogle and Chris Gathman. Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell, Department of Health: Janet Lundquist and Evan Pinkham. Public Works; Bob Choate. County Attorney. and Kris Ranslem. Secretary. Motion: Approve the November 1. 2016 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Terry Cross. Motion passed unanimously. CASE NUMBER APPLICANT. PLANNER REQUEST. LEGAL DESCRIPTION LOCATION: USR 16-0029 REYNALDO BONILLA CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (EVENT CENTER FOR UP TO 200 PEOPLE. ALONG WITH AN OPERATING OFFICE AND SHOP FOR TACK SALES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT_ LOT A REC EXEMPT RE -4329; PART NE4 SECTION 10, T2N. R65W OF THE 6TH P.M., WELD COUNTY. COLORADO APPROXIMATELY 4.100 FEET NORTH OF CR 22 AND APPROXIMATELY 2.1 MILES WEST OF CR 49. ACCESS POINT OFF NEAREST COUNTY ROAD IS OFF CR 22 APPROXIMATELY 2.5 MILES WEST OF CR 49. Chris Gathman. Planning Services, presented Case USR16-0029, reading the recommendation and comments into the record. Mr. Gathman noted that one letter and a phone call was received from surrounding property owners outlining concerns that commercial operations should be done through a change of zone process rather than a USR, events have been occurring on the property previously. the private access to the east of the facility shared by neighbors has been used, drinking and trash on site needs to be controlled, and noise concerns. Mr. Gathman noted that the four horses are allowed as a Use by Right: therefore the USR covers the events center specifically. However. Mr. Gathman added that staff did include a development standard in the staff report outlining the use by right language for the number of horses and horse boarding and training. Mr. Gathman stated that he had conversations with the applicant's representative prior to processing the application about whether or not rodeos and horse racing events would occur on the property. The applicant's representative conveyed that these events would not be occurring on the property and added that only horse training and boarding would be located on site. 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. Hayley Balzano. Engineering, reported on the drainage conditions for the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirementson-site dust control. and the Waste Handling Plan. N . O . O S EXHIBIT ru 1 2l(D -WP-I Deanne Frederickson. AGPROfessionals, stated the applicant is requesting to develop 15 acres for an events center for quincineras as well as for weddings and some parties. They anticipate multiple events; however they will not be held every weekend. The events would be limited to 200 people. Ms. Frederickson said that the applicant also intends to have a lot of landscaping on site to screen the site from oil and gas activity as well as for surrounding property owners. Ms. Frederickson stated that the stables, riding arena and the practice track would operate Monday through Sunday primarily during daylight hours. She added that there would be up to 30 people during practice sessions and horse boarding activities. She said that up to 40 horses will be boarded here. There will be a caretaker also located on site. Commissioner Cope said that there are a number of different uses in the request but not all of them are included in the description. He asked what the number of horses are allowed as a use by right Mr. Gathman said that four (4) horses per acre are allowed as a use by right Additionally. the caretaker dwelling is a use by right as well since one residence is allowed per lot. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Tony Dowdy stated that he owns the mineral rights on the property and he is not for or against the proposed request_ His neighbors have expressed concern if there will be horse racing on site. Mr. Dowdy stated that if there is no money changing hands he doesn't have any concerns. Commissioner Smock asked if they are allowed to have horse racing on site. Mr. Gathman said that their USR wouldn't allow it if they are charging for horse racing events. Commissioner Cope expressed concern with the amount of truck traffic on County Road 22 and the safety of those traveling to/from the facility. Mr. Pinkham provided the criteria for acceleration and deceleration lanes. Mr. Cope stated that it sounds like there isn't enough traffic at peak hours to warrant the acceleration and deceleration lanes; however he wanted the applicants to be aware of the existing traffic and the safety of the people coming to the facility. 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 USR16-0029 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 Gene Stille, Seconded by Cherilyn Barringer. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille. Joyce Smock, Terry Cross. Tom Cope. Reynaldo Bonilla said that he does charge for each horse so he can maintain the bathrooms and trash clean up as well as for security. Bob Choate, County Attorney, said that he understands the applicant will be charging an amount to cover costs related to the horses on site. He added that accepting any form of compensation for it will kick it into a commercial category and therefore it would not be permitted under the permit which was just recommended favorably to the Board of County Commissioners. Mr. Choate said that the Planning Commission can move for reconsideration of your motion or this is the recommendation that will be forwarded to the Board of County Commissioners. He added that based on the motion just passed by the Planning Commission, the permit will not allow the applicant a commercial authority to accept funds on a horse by horse basis. Commissioner Sparrow asked if the applicant could ask for donations to help offset the costs Mr. Choate said that when you accept funds it is a commercial operation and when you accept donations it becomes murkier. He added that if this is the applicant's plan he should include it in the permit Ms. Frederickson said that it is a common practice for anyone who has a riding arena to charge to cover costs. Commissioner Stille said that there are multiple roping arenas in the County and it is understood that when using a facility there is a charge to cover the costs of bathrooms. etc. 2 The Chair asked the Planning Commission if they wish to reopen this case. The Planning Commission didn't wish to open it up: however it should be brought up at the Board of County Commissioner's hearing. Meeting adjourned at 2:41 pm. Respectfully submitted, Kristine Ranslem Secretary 3 TC M,yes 1.0 -�-�� SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. October 4, 2016 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 Stifle, Jordan Jemiola. Joyce Smock, Michael Wailes. Terry Cross. Absent: Tom Cope Also Present: Kim Ogle and Chris Gathman. Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell. Department of Health: Evan Pinkham, Public Works; Frank Haug. County Attorney. and Kris Ranslem, Secretary. Motion: Approve the September 20. 2016 Weld County Planning Commission minutes, Moved by Joyce Smock. Seconded by Bruce Johnson. Motion passed unanimously. CASE NUMBER. APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION: U S R 16-0029 REYNALDO BONILLA CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (EVENT CENTER FOR UP TO 200 PEOPLE. ALONG WITH AN OPERATING OFFICE AND SHOP FOR TACK SALES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -4329; PART NE4 SECTION 10, T2N. R65W OF THE 6TH P. M., WELD COUNTY, COLORADO APPROXIMATELY 4_100 FEET NORTH OF CR 22 AND APPROXIMATELY 2.1 MILES WEST OF CR 49 ACCESS POINT OFF NEAREST COUNTY ROAD IS OFF CR 22 APPROXIMATELY 2.5 MILES WEST OF CR 49_ Chris Gathman, Planning Services, stated that the applicant is requesting a continuance to the November 15, 2016 Planning Commission hearing so that the applicant can obtain an adequate well permit for the proposed activity. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. No one wished to speak Motion: Continue Case USR16-0029 to the November 15, 2016 Planning Commission hearing, Moved by Jordan Jemiola, Seconded by Terry Cross. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow. Cherilyn Barringer, Gene Stifle, Jordan Jemiola. Joyce Smock, Michael Wailes. Terry Cross. Meeting adjourned at 1:21 pm. Respectfully submitted. Digitally signed by Kristine Ranslem Date: 2016.10.07 07:33:44 -06'00' Kristine Ranslem Secretary Hello