HomeMy WebLinkAbout20042869.tiff HEARING CERTIFICATION
DOCKET NO. 2004-84.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1393
FOR A COMMERCIAL ROPING ARENA (INDOOR/OUTDOOR) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BEAU RAPPEL AND JED RAPPEL
A public hearing was conducted on September 29,2004,at 10:00 a.m.,with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther E. Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Trevor Jiricek
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 3,2004,and duly published September 8,
2004,in the Fort Lupton Press,a public hearing was conducted on September22,2004,to consider
the request of Beau Rappel and Jed Rappel for a Site Specific Development Plan and Use by
Special Review Permit#1393 for a Commercial Roping Arena(indoor/outdoor)in the A(Agricultural)
Zone District,at which time the Board deemed it advisable to continue the matter for one week,due
to the property not being posted in a timely manner. On September29,2004, Bruce Barker,County
Attorney, made this a matter of record. Chair Masden advised the applicant's representative,Tim
Clancy of Witwer, Oldenburg, Barry and Johnson, LLP, that he has the option of continuing this
matter to a date when the full Board will be present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Long will listen to the
record and make the determining vote. Mr. Clancy indicated he would like to proceed today.
Chris Gathman, Department of Planning Services,gave a brief description of the location of the site
and surrounding uses. He stated approval of this permit will correct an existing zoning violation,
which will be closed once the plat is recorded. He further stated he received an e-mail from
surrounding property owners, Jack and Pam Heidenreich, marked Exhibit G, expressing concern
with the potential for alcohol sales, noise, hours of operation, and increased traffic. Mr. Gathman
explained the garage structure has been converted into a single family dwelling unit,and there is a
Development Standard which restricts residents to family members or employees. He stated the
applicants have requested that they be allowed to use Port-a-Potties in lieu of permanent restroom
facilities. He further stated the Department of Building Inspection has requested the applicant be
required to apply for a Building Permit for the arena building,therefore, he requested Condition of
Approval#1.O be added to state,"The applicant shall address the requirements of the Department
of Building Inspection as stated in the referral dated August 26,2002." In response to Chair Masden,
Mr.Gathman stated the building has historically been used for agricultural purposes and it was likely
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constructed as an agricultural exempt building. Responding to Commissioner Vaad, Mr.Gathman
explained there was a significant delay following the Planning Commission hearing due to a
Condition of Approval requiring written verification of a water supply from the North Weld County
Water District prior to scheduling this hearing. In response to Commissioner Geile, Mr. Gathman
stated the site is 20 acres. Responding to Chair Masden, Mr. Gathman reviewed the items of
concern expressed by the surrounding property owner, detailed in Exhibit I. He confirmed the
applicant does not intend to apply for a liquor license, and he is not concerned with the lighting
impacts because the property to the north is almost one mile away. He further stated Development
Standard #11 requires the applicant to adhere to the permissible noise levels allowed in the
Commercial Zone District, and he reviewed the site layout. In response to Chair Masden, Mr.
Gathman indicated the location of the site, and stated the large area northwest of the arena is
pasture.
Trevor Jiricek,Department of Public Health and Environment,stated the Confined Animal Feeding
Operation(CAFO)Control Regulations apply to any location where animals are present; however,
there are different degrees of enforcement. He stated the applicant is requesting the use of
Port-a-Potties;however,that is not allowed under the Weld County Code and staff is recommending
an individual sewage disposal system be installed. He noted there has been some precedence set
by the Board in making this type of allowance at similar facilities.
Donald Carroll, Department of Public Works, stated he visited the site this morning, he submitted
a picture of the arena, marked Exhibit M,and he clarified the outdoor roping arena is in the pasture
area northwest of the arena. Mr. Carroll stated Weld County Road 55 is a gravel stabilized base
road,and Weld County Road 70 is a local gravel road. He stated the average daily traffic count on
Weld County Road 55 is 200 to 300 vehicles, and Weld County Road 70 averages 50 vehicles per
day. He further stated since this project started in 2002, the outdoor roping arena has been
constructed and the outbuilding was converted into a bunkhouse.
Tim Clancy of Witwer, Oldenburg, Barry, and Johnson, represented the applicant and stated the
applicant purchased this property from the Larsons with the understanding that the arena was
constructed as an agricultural exempt building.
Beau Rappel, applicant, stated the indoor arena was built 12 years ago and the previous owners
hosted various rodeo events. Mr. Rappel clarified he only hosts roping events, and he purchased
the property in 2000. He stated staffs request for an engineered commercial septic system will be
cost prohibitive,and it is unnecessary because he does not provide overnight facilities. He stated
the events only last for a few hours, and Port-A-Potties are commonly used at this type of facility.
Responding to Chair Masden,Mr.Rappel reiterated the events only last four or five hours,there are
no late night events, no two-day events, and no overnight guests. He further stated the closest
neighbors to the north are one-quarter of a mile away. Responding to Commissioner Geile, Mr.
Rappel stated this is not a commercial business, and alcohol will not be permitted. In response to
Commissioner Vaad,Mr.Clancy stated the applicants understand that the Department of Building
Inspection wants to come and inspect the arena structure to determine if there needs to be any
upgrades consistent with the change in the permitted use. Mr.Gathman stated the building appears
to be in good condition and many of the concerns expressed in the letter from the Department of
Building Inspection, dated August 26, 2002, may not even be an issue once they inspect the site;
however, the building does need to be permitted. Commissioner Jerke commented many of the
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requests are unreasonable and would result in tearing the building down and starting over. Mr.
Barker clarified items #1 and #3 from Building Inspection's letter require a Building Permit in
accordance with currently adopted codes. Chair Masden concurred with CommissionerJerke. Mr.
Gathman stated the structure is technically classified as a commercial roping arena, which may
have prompted many of the comments, and the inspector that made the referral is no longer with
the County. Chair Masden commented the language needs to be modified so the upgrades are not
prohibitive to the continued use of the site. Mr. Barker reiterated the Board could just cite items#1
and#3 from staffs letter. Mr. Gathman added item#1 would be sufficient since a Building Permit
is subject to the currently adopted codes. Mr. Clancy requested the structure be considered
grand-fathered and reviewed under the codes that existed when the building was built. Mr. Barker
stated Building Permits cannot be retroactive, and some of the requirements in the letter may no
longer be in the current code. He stated it seems the primary intent is to ensure the building is
adequate to ensure the health,safety,and welfare of the patrons who enter the building. Mr.Rappel
stated the structure was built 16 years ago, and he is agreeable to having it reviewed for safety
purposes. In response to Commissioners Jerke,Masden,and Vaad,Mr. Rappel stated the building
is 250 feet by 140 feet, it is used when the weather is bad, and it does have folding bleachers.
Responding to Commissioner Geile, Mr. Rappel stated he purchased the property"AS-IS," on a
lease to own basis. Mr. Clancy stated he and the applicant have reviewed and concur with the
remaining Conditions of Approval and Development Standards. He clarified the one e-mail of
concern received was submitted to ensure this facility does not turn into a large commercial facility.
No public testimony was offered concerning this matter. Commissioner Vaad stated he is
agreeable to deleting Condition #2.A and allowing the use of Port-A-Potties. He clarified
Condition #1.G still applies because it relates to the septic system for the residence. Mr. Jiricek
concurred and stated they will work with the applicant to locate an existing permit or issue a new
permit for the residential system. He stated if the Board deletes Condition#2.A,the Development
Standards#12,#17,#18, no longer apply and can also be deleted. He further stated a Stormwater
Permit will not be required, therefore, Development Standard #16 can be deleted. Mr. Jiricek
requested the addition of two new Development Standards to state,"Portable toilet facilities shall
be provided for participants using the roping arena. The toilet facilities shall be maintained by a
commercial vendor," and "Bottled or tap water shall be provided for patrons of the facility." Mr.
Gathman suggested modified language for Condition of Approval#1.O to state,"The applicant shall
contact the Department of Building Inspection to schedule an inspection of the existing arena.
Evidence that the Department's concerns have been addressed shall be provided to the Department
of Planning Services." He stated typically a Building Permit is required before an inspection is
conducted; however, in this instance the building exists and it just needs to be brought up to code.
Mr. Barker suggested rather than adding#1.O,to modify Condition#1.N and add"and for the arena
building"to the end of the first sentence. Commissioner Jerke questioned what the applicant will
be applying for since the structure already exists. Mr. Barker explained it is not uncommon for
inspectors to inspect buildings that are in violation of the code to correct the situation.
Commissioner Jerke commented he is uncomfortable with potentially creating a financial burden
for the applicant. Commissioner Geile commented the property was purchased"AS-IS"without an
inspection, and although it may have been constructed as an agricultural exempt building, the
current condition of the facility is unknown. He stated the Board's intent is to ensure the health,
safety, and welfare of the public without financially harming the applicant, and it may be left up to
Planning Services to determine what is reasonable. Mr.Clancy stated the property is insured and
he suggested the violation not be closed until the inspection is complete and the insurance
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requirements are met. Commissioner Vaad commented he agrees with the modification to
Condition#1.N as proposed by Mr. Barker. He stated the record is clear that the Board's intent is
ensure the health,safety,and welfare of the public,while not being cost prohibitive for the applicant,
and the Board concurred. Mr. Gathman stated he will convey the Board's intent to the Building
Official. In response to Chair Masden,Mr. Rappel stated he concurs with the remaining Conditions
of Approval and Development Standards proposed and modified.
Commissioner Vaad moved to approve the request of Beau Rappel and Jed Rappel for a Site
Specific Development Plan and Use by Special Review Permit#1393 for a Commercial Roping
Arena (indoor/outdoor)in the A(Agricultural)Zone District, based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. His motion also included modifying Condition#1.N to add
"and for the arena building" to the end of the first sentence, deleting Condition #2, deleting
Development Standards#12,#16,#17,and#18,adding two new Development Standards in their
place to state,"Portable toilet facilities shall be provided for participants using the roping arena. The
toilet facilities shall be maintained by a commercial vendor," and "Bottled or tap water shall be
provided for patrons of the facility,"and renumbering and relettering accordingly. The motion was
seconded by Commissioner Geile,and it carried unanimously. There being no further discussion,
the hearing was completed at 11:00 a.m.
This Certification was approved on the 4th day of October 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
EL
•
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����� Robert D. Masden, Chair
`186! ;lu; I-' =� Clerk to the oard
tCils
H. ke, Pro-Tem
a►!� puty Clerk to the Boar• % �. . _.
M. J. Geile
TAPE #2004-42 EXCUSED
Dawd a./�j� Long
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DOCKET#2004-84 4..N (/
Glenn Vaad
2004-2869
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1393 - BEAU RAPPEL AND JED RAPPEL
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/07/2003,
09/03/2002, and 08/06/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Services Memo re: Satisfied Condition Prior to
Scheduling 07/16/2004, and Letter from
North Weld County Water District
06/15/2004
F. Galeton Fire Protection District Referral Response, dated 10/06/2003
G. Jack and Pam Heidenreich Letter of Concern dated 9/22/04
H. Planning Staff Memo requesting continuance, dated
09/22/2004
I. Planning Staff E-mail re: Continuance and Health issues,
dated 09/22/2004
J. Applicant Letter requesting allowance of
Port-A-Potties, dated 05/12/2004
K. Planning Staff Certification and Photo of sign posting
L. Planning Staff Memo re: Addition of Condition of Approval,
dated 09/29/2004
M. Public Works Staff Photograph of arena, dated 09/29/2004
N.
O.
P.
Q.
R.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF SEPTEMBER, 2004:
DOCKET#2004-84 - Beau and Jed Rappel
DOCKET#2004-86 - Highland Acquisition Group, LLC
DOCKET#2004-85 - Olando, LLC / Ed Orr and Tammy Ellerman
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF SEPTEMBER, 2004:
DOCKET#2004-84 - Beau and Jed Rappel
DOCKET#2004-86 - Highland Acquisition Group, LLC
DOCKET#2004-85 -Olando, LLC / Ed Orr and Tammy Ellerman
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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