HomeMy WebLinkAbout20160022.tiffMEMORANDUM
TO: Kim Ogle, Planning Services DATE: 10/20/15
FROM: Jen Petrik, P.E., Development Engineer
SUBJECT: USR15-0060 Cervantes horse racing
The Weld County Department of Planning Services -Engineering has reviewed this proposal. Staff
comments made during this phase of the application process may not be all-inclusive, as other issues may
arise during the remaining application process.
COMMENTS:
General Project Information/Location:
Project description: Horse racing track
This project is west of and adjacent to CR 73 and is south of CR 8. Parcel number 147724100017.
Access is from CR 73 and CR 8.
Traffic:
Latest ADT on CR8 was taken on 9/10/14 which counted 6 vpd with 8% trucks.
The traffic information submitted with the application materials indicated up to 300 passenger vehicles will
visit the site 3-5 times per year on either Saturday or Sunday for a larger event less than that will visit the
site on one day out of most weekends weather depending. 95% will com from the north. The applicant
agreed to the county triggers.
Access:
An access permit has been approved for the access to the site (AP15-00480).
Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a
truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any
vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users.
TRACKING CONTROL:
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
20 to 50 passenger vehicle round trips/day or less than 4 truck round trips/day:
— Access onto gravel roads includes 50 ft of road base or recycled asphalt.
A development standard will be included on the recorded site plan. "The site shall be maintained to
mitigate any impacts to the public road including damages and/or offsite tracking."
Improvements and Road Maintenance Agreement:
An Improvements Agreement between the Applicant and the County will be required for this project. It will
detail the approved haul route(s), outline when offsite improvements will be triggered, and include a
maintenance agreement for the haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
http://www.co.weld.co. us/Departments/Plan n i ngZon i no/Land UseApplicationsAssistance/ApplicationAssist
ance.html
An Improvements Agreement is required for sites with required offsite improvements. Collateral is
required to ensure the improvements are made.
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 included
in the road maintenance agreement may include but are not limited to: dust control, specified haul
routes, damage repairs, and future improvement triggers.
Drainage Requirements:
The application materials show on the site plan that there will be no increase in imperviousness and
therefore meets the exception to a stormwater detention pond. The application drainage narrative indicate
there will be very little imperviousness. This is acceptable to engineering.
This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized
area with state mandated, higher water quality requirements
Grading Permit
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact a Engineering representative from the
Planning Department for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
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 plan shall be amended to delineate the following:
1. County Road 8 and 73 are gravel roads and are designated on the Weld County Road Classification
Plan as local roads 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 Planning Services -
Engineer)
2. Show and label the approved accesses (AP15-00484), and the appropriate turning radii on the site
plan. (Department of Planning Services -Engineer)
3. Show and label the approved tracking control on the site plan.
Prior to Construction:
A. The approved access and tracking control shall be constructed 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)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner 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)
2. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Planning and Engineering)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services -Engineer)
5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
MEMORANDUM
TO: KIM OGLE, PLANNING SERVICES
FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH
SUBJECT: USRI5-0060 ORENLAS
DATE: OCTOBER 21, 2015
Environmental Health Services has reviewed this proposal for a site specific
development plan and use by special review permit for recreational facilities and uses
including, race track and race courses (match horse racing) in the A (Agricultural) Zone
District.
According to the application, the racing will operate all year on weekends only. There
will be an estimated 1500 patrons at the site 3 to 5 times a year and an average of
approximately 100 people the other instances.
The patrons must have access to potable water, restrooms and hand washing facilities.
The applicant is proposing to use portable toilets for the public. The following section is
from Environmental Health Services, Weld County Department of Public Health &
Environment, Septic Policies:
Policy 2.2.K Use of Portable Toilets
Purpose: To define when Portable Toilets may be used in lieu of a vault or
septic system.
Policy: Portable toilets may be utilized on sites for temporary and seasonal use
for up to six months as part of the Temporary Seasonal Permits issued by Weld
County Planning for situations such as fireworks stands, Christmas tree stands,
seasonal recreational facilities, etc.
As noted above, it is the policy of this department that portable toilets are allowed when
a use is temporary or seasonal for a time period of six months or less. As the time
period exceeds 6 months in duration, the use of portable toilets cannot be permitted as
the racing will occur on a continuous basis.
We have no objections to the proposal; however, we recommend that the following
requirements be incorporated into the permit as development standards:
1. 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.
2. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
3. 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.
4. 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.
5. 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.
6. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
7. 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.
8. 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.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
10. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
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Submit by Email
Weld County Referral
September 22, 2015
The Weld County Department of Planning Services has received the following item for review:
Applicant: Gerardo Cervantes & Nancy Garcia, c/o Case Number: USR15-0060
Leonel Ornelas
Please Reply By: October 20, 2015 Planner: Kim Ogle
Project: 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
Location: SOUTH OF AND ADJACENT TO CR 8; WEST OF AND ADJACENT TO CR 73
Parcel Number: 147724100017-R2716404 Legal: PART NE4 SECTION 24, T1 N, R63W LOTA REC
EXEMPT RE -3588 of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
4
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency
Jake Billadeau
Kerr-McGee Oil & Gas Onshore LP
Date 10/12/15
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
471
Kerr/VtGee
October 12, 2015
VIA E-MAIL
Weld County Department of Planning
Kim Ogle - Planner
1555 N 7th Ave
Greeley, CO 80631
kogle(d eldh>ov.com
NOTICE OF OIL AND GAS LEASEHOLD I NTERESTS OWNED BY KERR-McGEE
OIL & GAS ONSHORE LP AND OBJECTION
Re: USR15-0060
Gerardo Cervantes & Nancy Garcia, do Leonel Ornelas — Property Owner or
"Applicant"
Township 1 North, Range 63 West, 6th P.M.
Section 24: Part of the NE/4 ("Application Property")
Weld County, Colorado
Mr. Ogle:
This letter is being sent by Anadarko Petroleum Corporation on behalf of its subsidiary
Kerr-McGee Oil & Gas Onshore LP ("KMG" or the "Company") to inform you KMG is the
owner of valid oil and gas leases underlying all or parts of Section 24, Township 1 North,
Range 68 West ("Leased Lands"), for which Weld County is reviewing a request for a Site
Specific Development Plan and Use by Special Use Permit. KMG is submitting this comment
and objection timely, in accordance with State of Colorado and the County's procedural
requirements.
KMG's recorded oil and gas leases are real property interests entitling it to produce oil
and gas from the Leased Lands (and, as may be applicable, adjacent lands). The Company has
the right to utilize the Application Property to produce from existing wells, to maintain,
rework, recomplete, and fracture those existing wells to enhance production, and to drill new
wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation
Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant
value, and the Company is consequently concerned about any development, surface use, plan
of use, PUD, zoning or rezoning, or other action by the County that would impair or preclude
its ability to develop its oil and gas interests.
KMG's preferred practice is to meet with surface owners and attempt to conclude a
mutually acceptable agreement. KMG must object to any approval by the County for the
Applicant's plans that fail to fully accommodate KMG's right to explore for, develop and
produce oil and gas from its leasehold interests or the Leased Lands. KMG requests that the
County withhold final plat approval until such time as the Applicant and KMG have concluded
the agreement. Any future surface development plans on the Application Property should
incorporate and designate lands to be set aside for mineral development and expressly provide
protection for KMG's current and future wells, pipelines, gathering lines and related oil and
gas facilities and equipment. Weld County has a statutory obligation to ensure that the
property rights of mineral interest owners are accommodated in its land use planning process.
Approval of any surface development plan that forecloses the rights of mineral and leasehold
owners may be a compensable taking.
Please contact me at 720-929-6848 if you have any questions or comments about this
matter. KMG hopes to conclude a mutually acceptable agreement with the surface owner of
the property, and we look forward to working with the City to accomplish its land use planning
goals.
Sincerely,
KERR-MCGEE OIL & GAS ONSHORE LP
Travis Book
Landman
cc: Susan Aldridge, Senior Counsel
Ron Olsen
Mike Brotzman
Leonel Ornelas — Applicant (lachikisss23@gmail.com)
COLORADO
Department of Revenue
Enforcement Division - Racing
Physical Address:
1881 Pierce Street
Lakewood, CO 80214
October 16, 2015
Weld County Department of Planning Services
918 -10th Street
Greeley, Colorado 80631
ATTN: Ms. Kristine Ranglem
Mailing Address:
P.O. Box 173350
Denver, CO 80217-3350
RE: Special Review Application of Leonel Omelas on behalf of Property Owners Gerardo
Cervantes and Nancy Garcia
(Parcel Number 1477-24-I -00-017)
Dear Ms. Ranglem:
Please find enclosed documents relating to the application for a Site Specific
Development Plan and Use by Special Review Permit for the aforementioned parcel of land
owned by Mr. Gerardo Cervantes and Ms. Nancy Garcia. Mr. Leonel Ornelas, acting on behalf
of Owners Cervantes and Garcia, is requesting permission to develop property for the purpose of
conducting match racing of horses, which is an unlicensed and unregulated activity in the State
of Colorado. As Director of the State of Colorado Division of Racing Events, I would
recommend that you consider the following during the application process because, in the past,
this type of racing has not been in the best interests of the racing animals, the general public, the
State of Colorado, local government, or the horse racing community at large. I would ask that
you consider the following issues and areas of concern:
• As I previously stated, there is no governmental oversight of match racing of horses at
these unlicensed facilities. Given that fact, match racing is frequently conducted
without consideration for the responsible treatment of racing animals, participant riders
or the public. It is performed without regard for the welfare, care and safety of the
participating animals or the competency and experience or lack thereof of those having
custody of these animals. It is questionable whether this type of activity is done for any
motive other than monetary gain without regard being given for the protection of the
animals involved. The Division of Racing Events and the Colorado Racing
Commission takes animal welfare very seriously and these types of activities only serve
to undermine the best interests of these racing animals. Additionally, we believe that
this activity may create an environment for, and be in violation of, Colorado Statute 18-
10-107 and constitute a Class 3 Misdemeanor by maintaining a gambling premise if
wagering were to occur at these events.
• In the past few years, the State of Colorado has seen an increase in such match racing.
Match Racing is an event in which two horses are loaded into a starting gate and raced
down a stretch run. Those who conduct such events are owners of plots of land who see
an advantage in using their property for easy profit. They usually charge admission to
the grounds or get some sort of starting fee from the horse owners. The Division is
concerned about match racing being conducted on unregulated land throughout
Colorado. It has been our experience that this is placing animals and people in harm's
way because safety is not necessarily a major concern.
• Based upon numerous articles that have been published in different Colorado
communities, the City and County Commissioners in these locales have had to deal with
large crowds that have frequented match races conducted in makeshift facilities in rural
areas. The congestion and issues that arise as the result of having 300-500 people
attending a race day at one of these facilities is straining county resources and causing
numerous problems for neighbors adjacent to such facilities. The Division, in
conjunction with the Department of Agriculture and other agencies around the State,
have made on -site inspections of such places. However, nothing in our enabling
legislation would outlaw this practice, so there has been little we can do. The Division
suspects from informants and contacts that horses that are participating in these match
races may be being drugged and mishandled and wagering, legal or illegal, among the
patrons seems to be commonplace. The Divisions and agencies that have been involved
have indicated that the problem keeps growing and the Division of Racing Events does
not have clear jurisdiction allowing us to close down these operations. If it would be
beneficial for you or a representative of your Department to review our files and the
information that we have accumulated regarding match racing in Colorado, please do
not hesitate to contact Mr. Mark Brown, Division Agent -in -Charge, or me.
• There should be major conditions placed on these operators, so that veterinary care,
enforcement and drug testing be put in place in order to guarantee the welfare of these
horses and the participants. The state saw the same problem with boxing until it was
regulated. Our major concern about these facilities is safety, both animal and human.
However, it also raises concern about tax collection. There is no way to determine the
extent of monetary impact that match racing may have on live regulated racing upon
which the State collects taxes.
I hope that you will give serious consideration to these issues. If I can offer additional
information or be of any assistance to you in this matter, please do not hesitate to contact me.
Dan Hartman
Director
Division of Racing Events
Su tn it. by Email
Weld County Referral
September 22, 2015
The Weld County Department of Planning Services has received the following item for review:
Applicant: Gerardo Cervantes & Nancy Garcia, c/o Case Number: USR15-0060
Leonel Ornelas
Please Reply By: October 20, 2015 Planner: Kim Ogle
Project: 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
Location: SOUTH OF AND ADJACENT TO CR 8: WEST OF AND ADJACENT TO CR 73
Parcel Number: 147724100017-R2716404 Legal: PART NE4 SECTION 24, T1 N, R63W LOT A REC
EXEMPT RE -3588 of the 6th P,M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated, Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does /does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached fetter.
Signature
( 12 F✓a.f
Agency Cq �Idt'>La.., 4�d- �4C�`� . j
Date
/6-/‘-/s-
Weld County Planning Dept 1565 N 17th Ave, Greeley, CO 80631 (970) 353-6100 ext 3540 (970) 304-6498 fax
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