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HomeMy WebLinkAbout20153816.tiff BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Bruce Johnson, 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: USR15-0051 APPLICANT: GABRIEL&VEILA ROBLES PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS,TO INCLUDE AN OUTDOOR ARENA IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3913;BEING PART NE4 SECTION 20,T1 N,R65W OF THE 6TH P.M.,WELD COUNTY,COLORADO. LOCATION: APPROXIMATELY 0.5 MILES NORTH OF CR 6;WEST OF AND ADJACENT TO CR 41. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 —The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. • Section 22-2-20.8.2(A.Policy 2.2)states,"Allow commercial and industrial uses,which are directly related to or dependent upon agriculture,to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." Section 22-2-20.1(A.Goal 9)states"Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The facility is sited adjacent to the FRICO canal and west of an irrigation pond that has an earthen berm to the west and north. The site slopes gently to the west. Conditions of Approval and Development Standards require operation during daylight hours only,disposal of animal feed and wastes thereby limiting vermin infestation and minimizing a nuisance condition, requiring fugitive dust being confined to the property,with enforceable noise limitations and standards and prohibiting alcoholic beverages and firearms on location will ensure compatibility with the surrounding area in addition to the Development Standards and Conditions of Approval. B. Section 23-2-220.A.2—The proposed use is consistent with the intent of the A(Agricultural) Zone District. Citing the Weld County Code,Section 23-3-40.B.17 and Section 23-3-40.B.18 provides for a Site Specific Development Plan and Special Review Permit for commercial Rodeo Arenas, Commercial and commercial Roping Arenas,to include both indoor and outdoor arenas 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. EXHIBIT 2,,15-3gi3O 1.15(1,15-005I RESOLUTION USR15-0051 GABRIEL&VEILA ROBLES PAGE 2 The position of the facility on the land creates a separation of more than 1300 hundred feet to the nearest residence to the east, 1600 feet to the nearest residence to the south, approximately 2000 feet to residences to the north and over 3000 feet to the west. With the exception of the residences to the east,all other property is sloping to the northwest. The site is located in a rural area,with Interstate 76 approximately 500 feet from the eastern property line and limited residential development to the west and south.One letter dated September 1, 2015 was received from a property owner located on County Road 8 who objected to the proposed arena. No other comments were received from interested persons or surrounding property owners.The Conditions of Approval and Development Standards will require animal and feed wastes, bedding, debris and other organic wastes to be disposed of so that vermin infestations, flies, odors, disease hazards and nuisances are minimized; requiring fugitive dust being confined to the property; requiring a Final Drainage design to be submitted and approved prior to operation, require agreements with FRICO for the protection of the ditch and the water conveyed in the ditch and enforceable noise limitations and standards and prohibiting alcoholic beverages and firearms on location will ensure compatibility with the surrounding area. 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 Towns of Hudson and Lochbuie and Adams County. The Town of Lochbuie in their referral dated September 17, 2015 indicated no conflict with their interests. The Town of Hudson in their referral dated September 14, 2015 had concerns with how emergency services would be provided for both the livestock and the participants. Access for emergency service providers, and the availability for fire protection were also concerns. Trash collection, migrating trash on adjacent properties and roads were also of concern. At the time of the Hudson Planning Commission hearing there were questions regarding food truck vendors, consumption of alcohol beverages, traffic on adjacent roads and the potential for further deterioration of the sandy poor condition road base. Adams County Conservation District in their referral comments, dated September 17, 2015 indicated that they have no concerns, specific to damage to the soil, grasses, soil compaction, the blowing of dust, the lack of a water well, and the significant possibility of dead livestock -- of concern is how the animals would be disposed of should this event occur. The Conservation District given their concerns, suggested that the application not be approved. E. Section 23-2-220.A.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-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. The property is not within the Flood Hazard development Area, the Geological Hazard Development Area,the Weld County-Greeley Airport Overlay District and the site is not in a defined Municipal Separate Storm Sewer System (MS4) area. 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. RESOLUTION USR15-0051 GABRIEL&VEILA ROBLES PAGE 3 The proposed facility is located on approximately 47 acres of Prime(Irrigated)—farmlands of National Importance and Irrigated Land (Not Prime)per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The applicant has no rights to irrigation water from the ditch and there is no water available or associated with the land. 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 map: A. The applicant shall attempt to address the requirements(concerns)of FRICO, as stated in the referral response dated September 10, 2015. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (FRICO) B. The applicant shall attempt to address the requirements(concerns)of the Town of Hudson,as stated in the referral response dated September 14, 2015. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Town of Hudson) C. The applicant shall attempt to address the requirements (concerns) of the West Adams Conservation District, as stated in the referral response dated September 17, 2015. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Building Inspection) D. 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) E. A Final Drainage design is required. (Department of Planning Services- Engineer) F. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR15-0051 (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 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. Show and label the approved access(AP15-00439),and the appropriate turning radii on the site plan. (Department of Planning Services-Engineer) 6. Show and label the approved tracking control on the site plan. RESOLUTION USR15-0051 GABRIEL &VEILA ROBLES PAGE 4 7. Show and label the accepted drainage features and drainage flow arrows on the site plan. Water quality features should be labeled as "Water Quality Feature, No-Build or Storage Area, Volume = TBD" (Department of Planning Services-Engineer) 8. Show and label the Emergency Services site access and staging area. (Department of Planning Services) 9. The Parking shall be shown on the map in accordance with Section 23-3-250.A.2 of the Weld County Code. (Department of Planning Services) 10. County Road 41 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the 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 Planning Services-Engineer) 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 CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles 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(@..co.weld.co.us. (Department of Planning Services) 5. 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) 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 USR15-0051 GABRIEL&VEILA ROBLES PAGE 5 Motion seconded by Terry Cross. VOTE: For Passage Against Passage Absent 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. 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 17, 2015. Dated the 17th of November, 2015. Digitally signed by Kristine Ranslem 4` ti lb(ai"ll1`444.1Q1,2m,„. Date:2015.11.20 09:26:51 -07'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gabriel & Velia Robles Lienzo Rancho Los Alamos USR15-0051 1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0051, for an Agricultural Service Establishment primarily engaged in performing Agricultural, Animal Husbandry or Horticultural Services on a fee or contract basis, including Commercial Rodeo Arenas and Commercial Roping Arenas, to include an Outdoor Arena In The A(Agricultural)Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 12:00 p.m.-7:00 p.m. Saturday and Sunday, May through October as stated by the applicant(s). (Department of Planning Services) 4. The parking on the site shall be maintained in accordance with the approved Parking Plan. (Department of Planning Services) 5. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation,flies,odors,disease hazards,and nuisances are minimized. (Department of Public Health and Environment) 6. 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. (Department of Public Health and Environment) 7. 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) 8. 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) 9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 10. 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. (Department of Public Health and Environment) 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility at all times. Temporary uses for a time period of six months or less, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 12. 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) 13. 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) RESOLUTION USR15-0051 GABRIEL&VEILA ROBLES PAGE 7 14. The parking and emergency services areas on the site shall be maintained in accordance with the approved Parking and Emergency Services Plans. (Department of Planning Services) 15. 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) 16. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Planning and Engineering) 17. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services-Engineer) 19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services-Engineer) 20. 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) 21. 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) 22. The maximum number of persons on site for any event is limited to 350 persons as stated in the application. (Department of Planning Services) 23. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 24. 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. 25. 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. 26. 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. 27. 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. RESOLUTION USR15-0051 GABRIEL&VEILA ROBLES PAGE 8 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 28. 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. 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. Alithatia 11 - 17 1S' SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday , November 17 , 2015 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, Jordan Jemiola , at 12 : 30 pm . Roll Call . Present : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jordan Jemiola , Joyce Smock , Terry Cross . Absent/Excused : Gene Stille , Michael Wailes , Nick Berryman . Also Present : Kim Ogle , Chris Gathman , Diana Aungst, Michelle Martin , and Tom Parko , Department of Planning Services ; Wayne Howard , and Jennifer Petrik , Department of Planning Services — Engineering Division ; Lauren Light , Department of Health ; Bruce Barker , County Attorney , and Kris Ranslem , Secretary . Motion : Approve the November 3 , 2015 Weld County Planning Commission minutes , Moved by Bruce Johnson , Seconded by Bruce Sparrow. Motion passed unanimously . CASE NUMBER : USR15-0051 APPLICANT : GABRIEL & VEILA ROBLES PLANNER : KIM OGLE REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL , ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS , INCLUDING COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS , TO INCLUDE AN OUTDOOR ARENA IN THE A (AGRICULTURAL ) ZONE DISTRICT LEGAL DESCRIPTION : LOT B REC EXEMPT RE-3913 ; BEING PART NE4 SECTION 20 , T1 N , R65W OF THE 6TH P. M . , WELD COUNTY, COLORADO . LOCATION : APPROXIMATELY 0 . 5 MILES NORTH OF CR 6 ; WEST OF AND ADJACENT TO CR 41 . Kim Ogle , Planning Services , presented Case USR15-0051 , reading the recommendation and comments into the record . Mr. Ogle noted that two letters were received to this request. One letter was in opposition and another letter was without concern . 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 . Ms . Petrik stated that since the applicant does not want to increase the imperviousness of the property , Condition of Approval 1 . E and Condition of Approval 1 . F . 7 could be removed . Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements , on-site dust control , and the Waste Handling Plan . Commissioner Smock asked if the existing structures and viewing stands are permitted . Mr. Ogle stated that the Building Inspection Department did not require any building permits for the facility and added that the facility has been operating for two years . Commissioner Hansford asked if this site is in violation . Mr. Ogle replied no and clarified that this facility was used for personal recreation . He added that the applicant has applied to use the facility for their club . Gabriel Robles , 4810 Mountain Princeton , Brighton , Colorado , said that he purchased the property to have their own arena . He said that the arena was in place when he purchased the property. Commissioner Hansford asked if there are wagers placed during events . Mr. Robles replied no ; however there are admission and concession fees . Commissioner Johnson referred to the Town of Hudson ' s comments and asked if alcohol will be allowed . Mr. Robles said that the public can bring their coolers but they are told that there no alcohol is allowed .o a owed . EXHIBIT a 5 - 005 I Commissioner Jemiola referred to the letters submitted and asked how they will handle the trash. Mr. Robles said that he personally goes out onto the street to clean the property and ensures that no trash is able to blow off. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Lori Granberg, 2597 CR 41, stated that there is no trash from the property. She said that they do play music and it is not disturbing. She is concerned with the road condition. She said that their road has not been graded since Hudson put in crushed asphalt on the north side of the road. She said that they are not speaking in support of the activity but more concerned with the lack of maintenance on that roadway. Ms. Petrik stated that the applicant would be required to enter into a road maintenance and improvements agreement. Ms. Petrik asked for her contact information for Public Works to contact her regarding her concern. Sandra Wollert, 19676 CR 8, said that she is concerned as she has had two cats killed from people trying to go through her property to get to the rodeo. She added that she has two homes on her property and young children live in one of the homes and she is afraid that the children will get hit. She said that the music is loud and doesn't stop. Lawrence Allen, 2730 CR 41, stated that he lives across from the access. He is concerned with the maintenance of the road and the amount of traffic to the road. Robert Grand, 105 Woodward Avenue, Keenesburg, Colorado, stated that he has known the applicant for six years and has been involved with him on several projects. He added that he has always found Mr. Robles to be very professional and very straight forward. Mr. Grand said that it is encouraging to see an agricultural event in Weld County. Herbert Norton, 357 Birch Street, Hudson, Colorado, stated that he has done business with the applicant as well as attended some of his events. He added that Mr. Robles is very professional. George Herrera, 6963 Teller Court, Denver, Colorado, stated that he is retired law enforcement. He owns a consulting business in security and protection. He was approached by the applicant several months ago and has been hired to assist him to make sure the process would be in compliance with the law. Mr. Robles said that they are willing to work with the neighbors on the noise and dust control. Commissioner Hansford referred to Ms. Wollert's concern of going through her property and asked if he would be willing to talk to his patrons about this. Mr. Robles said that he would be willing to do that. Commissioner Smock suggested a portable sign. Mr. Robles said that they try to have events as invitation only and does not want to advertise it. Commissioner Johnson suggested placing a map on the invitation on how to access the site. 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 USR15-0051 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 Bruce Johnson, Seconded by Terry Cross. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross. Meeting adjourned at 5:12 pm. Respectfully submitted, Digitally signed by Kristine Ranslem 4 ,( �Y t y1_ Date:2015.11.20 09:14:46-07'00' Kristine Ranslem Secretary 2 Hello