HomeMy WebLinkAbout20160017.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: USR15-0060
APPLICANT: GERARDO CERVANTES AND NANCY GARCIA, C/O LEONEL ORNELAS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT
FOR RECREATIONAL FACILITIES AND USES INCLUDING, RACE TRACKS AND
RACE COURSES (MATCH HORSE RACING) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RE -3588; BEING PART NE4 SECTION 24, Ti N, R63W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 8; WEST OF AND ADJACENT TO CR 73.
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 facility is located on dryland parcel created through a Recorded Exemption and
has not been in production agriculture for a period of time. Surrounding lands are in dryland
wheat production and are currently farmed by a few farmers. There is no irrigation water on
site, and there are no residences in the immediate area. There is an adequate level of
services and infrastructure to accommodate this proposed facility.
EXHIB
42 15.LOLiz
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.A.3 — The uses which will be permitted will be compatible with the existing
surrounding land uses.
Dryland production agriculture consisting of wheat is planted in each direction. There are
limited oil and gas production facilities in the general area, although there is a tank battery
and pump jack immediately adjacent to the west property line of this parcel. In the immediate
area there are no residences
As a result of the traffic generated by the proposed facility a required Improvements
Agreements between the County and the applicant will be required. The agreement will detail
the approved haul routes, outline when off -site improvements will be triggered, and include a
maintenance agreement for the haul routes. Road maintenance is typically included as a
section of the Improvements Agreement when the County feels that the site activities may
impact the County roadways. Possible mitigations in the agreement may include but are not
limited to: dust control, specified haul routes, damage repairs and future improvement
triggers.
RESOLUTION USR15-0060
GERARDO CERVANTES AND NANCY GARCIA. GO LEONEL ORNELAS
PAGE 2
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 adjacent to Counry Roads 73 and 8 where the expected traffic to 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 .
Planning staff has received one telephone call with concems regarding the proposed uses as
specified in this application No other correspondence has been received
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 not located within the three (3) mile referral area of a municipality but is within a
three mile referral area for Adams County The County did not return a referral for this land
use case.
E Section 23-2-220A. 5 -- The application complies with Chapter 23. Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area .
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wde 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 23-2-220A 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 33 acres High Potential Dry Cropland,
Prime of irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The property has no irrigation water available and has historically been planted
in wheat.
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 Counry
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
As previously stated. the applicant will establish a traffc route to and from the venue to the
nearest paved road which is Hwy 79 two miles to the west. The applicant has established
parameters for a measure of control over persons attending ihe event including the
prohibition of alcohol . firearms or other contraband permitted on the premises, and if found or
located, the materials will be confscated by the hired site security personnel
RESOLUTION USR15-0060
GERARDO CERVANTES AND NANCY GARCIA, C/O LEONEL ORNELAS
PAGE 3
The venue will have adequate port-a-lets for sanitation and bottled water will be provided
to the attending individuals, paRicipants and livestock at the venue The applicant will be
required to meet or exceed the standards established by the Weld County Code for
Temporary Assembly's including the need for trained and licensed Emergency Medical
Technicians. and at least one ambulance on premise at all times during the event, an
enclosed structure where medical treatment may be rendered will also be provided during
during all event: a minimum of 2 security guards for every 350 persons attending the event,
and a minimum of five (5) additional security guards for security within and among
and a company to transport horses for permitted disposal if a horse needs to be put down
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 map
A The applicant shall submrt a traffic control plan for review and approval by the Departments of
Planning Services. Public Works and the Weld County Sheriff's offce. 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 haul route shall be
reviewed (Department of Planning Services)
B An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location Road maintenance induding dust control, damage repair, specifed haul routes
and future traffc tnggers for improvements will be included (Department of Public Works)
G � �
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SF a4iempt-Eo—�aiEigafe- -f,e�cer�s-
D The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR15-0060 (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 I
Code. (Department of Planning Services)
4 All signs shall be shown on the map and shall adhere ro Chapter 23, Article IV, Division 2
and Appendices 23-C , 23-D and 23-E of the Weld County Code . (Department of
Planning Services)
2 Upon completion of Condition of Approval #1 above. the applicant shall submit three (3) paper copies
or one ( 1 ) electronic copy (.pd� of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map ihe applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services, The map shall be
prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The
Mylar map and additional requirements shall be submitted within one hundred iwenty (120) days from
the date of the Board of County Comm�ssioners Resolution . The apphcant shall be responsible for
paying the recording fee ( Department of Planning Services)
RESOLUTION USR15-0060
GERARDO CERVANTES AND NANCY GARCIA, C/O LEONEL ORNELAS
PAGE4
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30 . 2012 . should the map
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 Pianning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are dwg, dxf. and .dgn (Microstation); acceptable
GIS formats are ArcView shapefles or ArcGIS Personal GeoDataBase (MDB) The preferred format
for Images is tif (Group 4) (Group 6 is not acceptable) This digital file may be sent to
maps(a�co weld.co.us. (Department of Pianning Services)
, 5. Prior to Construction
A The approved access and tracking control shall be consiructed prior to on-site construction.
(Department of Planning Services-Engineer)
B If more than one ( 1 ) acre is to be disturbed, a Weld County Grading Permit will be required .
(Department of Planning Services-Engineer)
C If consiruction of a new building is required, a building permit shall be obtained prior to the
construction of any new building or structure. (DepaRment of Planning Servicesl
6. Prior to Operetion:
A. The applicant shall submit a swom affidavit stating that there will be no wagering of any event on
site, and will maintain compliance with Colorado Statute 18-10-107 of maintaining a gambling
premise. (Department of Planning Services)
7 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property. until the Use by Special Review map is ready ro be recorded in the offce 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 Michael Wailes
VOTE
For Passaqe Aqainst Passaqe Abstain
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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.
RESOLUTION USR15-0060
GERARDO CERVANTES AND NANCV GARCIA. C/O LEONEL ORNELAS
PAGE 5
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify ihffi the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 1 , 2015
Dated the 1 �' of December, 2015
Digitally signed by Kristine Ranslem
,�l ���, Date: 2015. 12.04 10:36:30 -07'00'
Kristine Ranslem
Secretary
�
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEONEL ORNELAS
USR15-0060
1 . A Site Specifc Development Plan and Use by Special Use PermiL USR15-0060 , for Recreational
Facilities and uses including. Race Tracks and Race Courses (Match Horse Racing) in the A (Agriculturaq
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 hours of operation for Match Horse Racing events are during Saturday and Sunday onfy
10:00 a m. - 7:00 pm SaWrday and Sunday, March 1 — June 30 and August 1 - October 31
No events are permitted during the month of July of any given year
10:00 a m - 4: 00 p m November 1 - April 30 as stated by the applicant(s� .
The hours of operation for set up and take down will be two hours before and after each event.
(Department of Planning Services)
4. The parking on the site shall be maintained (Department of Planning Services)
5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV Dwision 2 and Appendices
23-C. 23-D and 23-E of the Weld Counry Code. (Department of Planning Services)
6 The landscape and fencing on site shall be mamtained (Department of Planning Serv�ces)
7. 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 (Weld County Department of
Public Health & Environment)
8 All liquid and solid wastes (as def ned in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100 5.
C R S ) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Weld County Department of Public Health & 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 def nition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20- 100 5, C R. S. (Weld County Department of Public Health & 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 Counry Code (Weld County Oepartment of Public
Health & Environment)
11 Fugitive dust should attempt to be confined on the property Uses on the property should compty with the
Colorado Air Quality Commission's air quality regulations. (Weld County Department of Public Health &
Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specif ed Zone as
delineated in Section 14-9-30 of the Weld County Code. (Weld County Department of Pubhc Health &
Environment)
13 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 si� 11 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 sanihzers (Weld County Department of Public Health & Environment)
RESOLUTION USR15-0060
GERARDO CERVANTES AND NANCV GARCIA, C/O LEONEL ORNELAS
PAGE 7
14 Any septic system located on the property must
compiy with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems (Weld County Department of Publlc Health & Environmenq
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Weld County
Department of Public Healih 8 Environment)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code (Weld County Department of Public Health & Ernironment)
17. 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 traffc hazard to operarors
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)
18. Should noxious weeds exist on the propeRy or become established as a result of the proposed
development, the applicanUlandowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II , of the Weld County Code (Department of Planning Services-Engineer)
19 The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
iracking (Department of Plannmg Services-Engineer)
20. There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(DepaRment of Public Works)
21 The historical Flow pattems and runoff amounts will be maintained on the site (Department of Planning
Services-Engineer)
22 The points of ingress and egress shall be graded and drained to provide an all-weather access
(Department of Public Works)
23 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)
24. The minimum number of venue employees will be 20 persons as stated by the applicant (Department of
Planning Services)
25. A minimum of 2 security guards for every 350 persons attending the event, and a minimum of fve (5)
additional security guards for security within and among the spectators shall be provided during all events.
(Oepartment of Planning Services)
26. Two persons trained in emergency medical technology for the frst 350 persons and one additional for
every 350 persons after that together with at least one emergency ambulance available for use at all
times (Department of Planning Services)
27. A minimum of one ambulance availab�e for use at all times during any event shall be on site. (Department
of Planning services)
28. A clean and sanitary enclosed structure where medical treatment may be rendered will also be provided
during all events. (Department of Planning Services)
29 No alcoholic beverages shall be allowed on site nor shall alcohol be served during horse racing and
practice events (Department of Planning Servicesl
RESOLUTION USR15-0060
GERARDO CERVANTES AND NANCY GARCIA, GO LEONEL ORNELAS
PAGE 8
30 No firearms are permitted on site at any time (Department of Planning Services)
31 A State of Colorado Licensed Veterinarian not related by blood , marriage or friendship to any property
owner, applicant or paRicipant shall be on site during any activity and will remain on site until the last
animal leaves the facility (Department of Planning Services)
32. A State of Colorado Licensed Veterinarian located on site during any event may administer a drug test
before or after each race, with results kept on site for inspection. (Department of Planning Services)
33 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 ihe property to others for operation of the
faciliry (Department of Planning Services)
34 The property owner or operator shall be responsble 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 propeRy compty 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 govemed 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 DepaRment of Planning
Seroices
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 ihe Permit by the Board of County Commissioners
38 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, induding , 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 ihe 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 ihis development Often times, mineral resource sites
are fixed to their geographical and geophysical locations Moreover. these resources are protected
property nghts 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 agncultural 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
Iintensively used for agriculture Persons movmg 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 congestfon, 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 induding noise from tractors and equipmenY slow-movinq farm vehicles on
RESOLUTION USR15-0060
GERARDO CERVANTES AND NANCY GARCIA, C/O LEONEL ORNELAS
PAGE 9
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 felds,
including the use of aeriai spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
conceniration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 353. 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
I 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 iraffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
buming 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 V�l 1 n9 U[E 5
��l � l�s
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. December 1 , 2015
A regular meeting of the Weld County Planning Commission was held in ihe Weld County Administration
Building , Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Jordan Jemiola, at 12 30 pm.
Roll Call.
Present: Benjamin Hansford , Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman , Terry Cross.
Also Present Kim Ogle, Chris Gathman, Diana Aungst. and Tom Parko, Department of Planning
Services: Wayne Howard , and Jennrfer Petrik, Department of Planning Services - Engineering Division;
Lauren LighL Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary
Motion Approve the November 17, 2015 Weld County Planning Commission minutes. Moved by
Benjamin Hansford, Seconded by Bruce Johnson Motion passed unanimously
CASE NUMBER� USR15-0060
APPLICANT: GERARDO CERVANTES AND NANCY GARCIA. GO LEONEL ORNELAS
PLANNER KIM OGLE
REQUE5T A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR RECREATIONAL FACI�ITIES AND USES INCLUDING, RACE
TRACKS AND RACE COURSES (MATCH HORSE RACING) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION. LOT A REC EXEMPT RE-3588�, BEING PART NE4 SECTION 24. T1N , R63W
OF THE 6TH P M . WELD COUNTY. COLORADO.
LOCATION�. SOUTH OF AND ADJACENT TO CR B; WEST OF AND ADJACENT TO CR 73.
Benjamin Hansford wished to abstain from this case as he has been associated with these activities and
doesn't wish to hear this case
Kim Ogle. Planning Services, presented Case USR15-0060. reading the recommendation and comments
into the record. Mr Ogle noted that two (2) telephone calls were received with concerns regarding the
proposed uses stated in the appGcation Additionally, one ( 1 ) letter of objection from a surrounding
propeRy owner and six (6) letters of support were received. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Jennifer Petrik. Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren LighL Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and ihe Waste Handling Plan Ms. Light noted that Development Standard 3 allows for the
operation to exceed six months: therefore Development Standard 3 could be amended or Development
Standard 13 could be amended to take out the six months or less. She added that if the applicanfs
operation would exceed six months, the applicant would be required to drill a well or install a septic
system to accommodate permanent sanitary facilities.
Ana Ornelas stated that her family has been in the horse racing industry for 11 years and now they are
trying to operate at this location Ms Ornelas said that she has spoken to the Weld Central High School
Principal as well as the Superintendent for the RE-3J School District and they have offered to trigger
donations to them from this proposed facility She said that they would like to operate this facility in a
family friendly environment and help out ihe community as well.
Ms. Ornelas stated that they held a meeting with the surrounding landowners As a result of this meeting,
the main concems were regarding trash and traffic during their harvest season She said that they
agreed to not have any events during the month of July to accommodate the wheat harvest Additionally.
there will be a trash pick-up crew that will be cleaning up trash during and after the events Ms Ornelas
EXHIBIT
8 �/
9 y
_ O
stated that ihey will also indude security guards on site who will ensure that no alcohol or contraband will
be allowed on the premises
Commissioner Sparrow asked if there is a Charter School in close proximity to this facility Ms. Ornelas
stated that there is a Charter Academy School and they also attended ihe neighborhood meeting
Commissioner Sparrow asked if any betting will be allowed Ms Ornelas said that no betting or wagering
is allowed; however it is probably more of a friendly betting between individuals
Commissioner Sparrow asked if this area is blow sand Ms. Ornelas said that it does and added that this
was the major concern expressed by the adjacent landowners, the Klausners She said that they agreed
to spray magnesium chbride on the parking area to help with dust control . Additionally, Ms Ornelas said
that ihey are looking to fence the entire perimeter of the property to help control trash from blowing
Commissioner Smock referred to the letters submitted by Anadarko and Colorado Racing Commission
and asked how their concems will be addressed. Mr Ogle said that Anadarko is seeking a Surface Use
Agreement for this site and added that this is placed as a condition of approval in the staff report Ms.
Omelas added that the Colorado Racing Commission's concern was how the horses are handled and she
said that there would be a veterinarian on site to check the horses.
' Commissioner Berryman referred to the time of operetion and asked if they will be operating in total of
more than six (6) months Ms Omelas said that it is not likety they will operate longer than six months
since there are other race tracks available She said that ihey split the racing between different tracks
Additionally, she added that the races also depend on the weather Ms. Omelas said that initially it will
operate less Ihan six (6) months but if there is more demand ihen they will install the permanent sanitary
facilities
Commissioner Wailes referred ro ihe letter from the Colorado Racing Commission and asked if there is a
sanctioning body that ihe applicant operates within or is there a league that they are a part of Ms
Omelas replied no.
The Chair asked if ihere was anyone m the audience who wished to speak for or against this application .
Charles Klausner stated that he farms Triple K and they own the property to the west and to the south of
the proposed facility. He added that he is also speaking on behalf of Fred Linnebur who lives to the east
of the proposed site, and Bruce and Paul Kiausner of Klausner Inc, which is located to the north of the
site.
Mr. Klausner expressed concems regarding traffic. number and size of events, iraffic safety. trash from
the facility and trash along the county roads, noxious weeds, blowing dirt and erosion , drinking and
gambling , reduction in property values, and the width of county roads and transporting farm equipment
Mr Klausner provided letters from the Linneburs and Klausner Incorporated for the record, as well as
signatures of landowners who are opposed to this proposal.
Commissioner Sparrow asked how far Charter Academy School is from this site Mr. Klausner said it is
four (4) miles to the west of the proposed site Commissioner Sparrow asked Mr Klausner to describe
the soils in that area. Mr. Klassner said it is blow sand and added that as you go south there is more clay
in the soil
Paul Klausner, Klausner Inc, 7622 CR 79, stated that the farm equipment now takes up the majority of the
road and with this added traffic it is a safety concem He added that they are also concerned with
spraying their fields when events would be held
Ms Omelas stated that they will have a chain link fence that will help control any trash from leaving the
property and she added that they will constantly be picking up any trash With regard to the concem of
spraying fields, she said that good communication would help that She said that there would be three to
five large events per year with up to 100 cars for those events. Ms. Ornelas stated that they would like to
work and communicate with the neighbors on their harvest and spraying times so they won't plan on
having any races during that time
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Ms. Ornelas said that everyone who attends the racing events talks to her or her father and they will be
sure to tell them which route to take to this site.
Commissioner Jemiola asked if large farm equipment has the right-of-way on the roadways Bruce
Barker, County Attomey. stated that when those vehicles are on the roadway they are considered to be a
vehicle and are to be given the right-of-way
Commissioner Smock referred to previous testimony regarding parking along the county road and asked
how the applicant will address that Ms. Ornelas said that there will be security guards identifying the
parking pattems and no one is allowed to park along the county roads She added that ihe races are
staggered so not everyone would come or go at the same time.
Ms. Petrik said that they can require a specific haul route be established and included in the
Improvements and Road Maintenance Agreement, if the Planning Commission would like to consider
that Commissioner Jemiola asked the applicant if they would agree to this Ms Ornelas replied yes. Mr.
Jemiola said that the applicant is in agreement to it and feels it would be good to include in the
Improvements and Road Maintenance Agreement.
Commissioner Johnson said that he shares the same concems of the neighbors with regard to the soil
type as well as fire safety in the area. He added that those roads with that type of soil are not built to
handle that type of traffia Commissioner Sparrow agreed with Mr Johnson regarding the soil type and
added that when this sand is exposed with no growth on if the wind will blow it Ms. Ornelas said thffi the
open space will be left with the current vegetation as it is and added that the only bare land will be the
track
The Chair asked Staff if they had any changes they would like to make to the staff repoR Ms. Light
reminded the Planning Commission about the issue of portable toilets and bottled water based on the
time of operating She added ihat Development Standard 3 or Development Standard 13 could be
amended depending on what time frame is determined. Ms Light ciarified that if you wanted to amend
Development Standard 13. the second sentence could be deleted
The Chair asked the applicant if they would be willing to install permanent facilities or would they prefer
operating a total of six (6) months. Ms. Ornelas said that they would agree to operate six months or less
initially and then in the future they could apply for an amendment to install permanent facilities for
operating over six (6) months. if needed.
Commissioner Wailes suggested deleting the first sentence in Development Standard 14 and striking
Development Standard 15. Ms. Light said ihat the amendment would be acceptable for Development
Standard 14; however she recommended leaving Development Standard 15 as they applicants would be
required to install the permanent water supply, if operating over six (6) months
Commissioner Wailes said that he feels with the impact this use could be stretched to 10 or 11 months.
Commissioner Cross agreed with Mr Wailes
Motion : Amend the second sentence in Development Standard 13 to read "Temporary uses for a time
period of 11 months or less, portable toilets and bottled water are acceptable", Moved by Michael Wailes,
Seconded by Terry Cross.
Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 1 ) .
Yes: Gene Stille, Jordan Jemiola, Michael Wailes, Nick Berryman , Terry Cross.
No: Bruce Johnson, Bruce Sparrow, Joyce Smock
Abstain: Benjamin Hansford
Motion : Delete the first sentence of Development Standard 14, which reads "Sewage disposal for the
facility shall be by septic system". Moved by Michael Wailes, Seconded by Joyce Smock.
Vote: Motion passed (summary: Yes = 8, No = 0, Abstain = 1 ) ,
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola, Joyce Smock, Michael Wailes. Nick
Berryman , Terry Cross
Abstain : Benjamin Hansford .
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Mr. Ogle requested to delete Condition of Approval 1 C as the Surface Use Agreement is a negotiation '
between the landowner and oil and gas.
Motion : Delete Condition of Approval 1 C , as stated by staff, Moved by Terry Cross, Seconded by
Michael Wailes
Vote: Motion passed (summary: Yes = 8, No = 0. Abstain = 1 ). li
Yes: Bruce Johnson , Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
Abstain : Benjamin Hansford
The Chair asked the applicant if they have read through the amended 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 USR15-0060 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Bruce Johnson, Seconded by Bruce Sparrow. Commissioner Johnson cited
incompatibility with the neighborhood and highly volatile soil type that is out there and the risk there is to
fire and the high erosion capability of that.
Vote: Motion failed (summary: Yes = 2, No = 6, Abstain = 1 ).
Yes: Bruce Johnson , Bruce Sparrow.
No: Gene Stille, Jordan Jemiola. Joyce Smock, Michael Wailes, Nick Berryman , Terry Cross.
Abstain : Benjamin Hansford.
Motion : Forward Case USR15-0060 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval . Moved by Jordan Jemiola, Seconded by Michael Wailes
Vote: Motion passed (summary : Yes = 6 , No = 2, Abstain = 1 ).
Yes: Gene Stille, Jordan Jemiola. Joyce Smock Michael Wailes, Nick Berryman , Terry Cross.
No: Bruce Johnson, Bruce Sparrow
Abstain : Benjamin Hansford.
Commissioner Smock stated that there will be a lot of rules to follow and people will be watching to make
sure that happens.
Meeting adjourned at 3: 57 pm.
Respectfuliy submitted,
Digitally signed by Kristine Ranslem
�L ��(_p/y� Date: 2015. 12.04 09:30:53 -07'00'
Kristine Ranslem
Secretary
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