HomeMy WebLinkAbout20013079 INVENTORY OF ITEMS FOR CONSIDERATION
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Applicant Rhonda & Chuck Abfalter Case Number USR-1348
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications(3 pages) X
6 Application (6 pages) X
7 Referral list X
8 City of Dacono referral received 7/6/01 X
9 St. Vrain Valley RE-1J School District referral received 7/12/01 X
10 Town of Frederick referral received 7/27/01 X
11 City of Broomfield referral received 7/25/01 X
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12 Weld County Department of Public Works referral received X
7/13/01
13 Weld County Department of Building Inspection referral received X
7/9/01
14 Mountain View Fire Protection District referral received 7/11/01 X
15 Weld County Department of Public Health and Environment X
referral received 7/25/01
16 8 1/2 X 11 maps submitted by applicant(1 page) X
17 Deed/Certificate of Conveyance (7 pages) X
18 Surrounding Property Owners (6 pages) X
19 Left Hand Water District Letter(1 page) X
20 Septic Permit (1 page) X
21 Soils Report(2 pages) X
22 Building Elevations(2 pages) X
23 Letter from Rhonda Webber re: setback from wellhead received X
8/6/01
24 Affadavit of Mineral and/or subsurface owners X
25 Planning Commissioner Field Check form 6/29/01 X
EXHIBIT
2001-3079 A
26 photo posting X
26 Items submitted at planning commission
I hereby certify that the 26 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office. �, • A1I I1N/1
Chris Gathman ❖ Current Planner
Page 1
46(etril
WilDe LANDSUMMARY S EETION
COLORADO
Case Number: USR-1348 Hearing Date: August 7, 2001
Applicant: Rhonda & Chuck Abfalter Address: 2700 WCR 10, Erie, CO 80516
Request: A Site Specific Development Plan and a Special Use Permit for an indoor arena for
personal training and boarding that exceeds four percent (4%) of the total lot area
of a lot in a recorded subdivision (Carlson Subdivision) in the A (Agricultural) Zone
District
Legal Description: (Lot 12, Carlson Subdivision) Part of the NE4 of Section 16, Township 1
North, Range 68 West of the 6th P.M., Weld County, Colorado
Location: Approximately 630 feet south of Weld County Road 10 and approximately 1,000
feet east of Weld County Road 7
Size of Parcel: 4.8 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received /2001
• Weld County Department of Public Health and Environment, referral received 7/27/2001
• Weld County Department of Public Works, referral received 7/13/2001
• Weld County Department of Building Inspection, referral received 7/9/2001
• Weld County Sheriffs Office, referral received /2001
• Mountain View Fire Protection District, referral received 7/11/2001
• St. Vrain Valley School District RE-1J, referral received 7/12/2001
• City of Dacono, referral received 7/6/2001
• City of Broomfield, referral received 7/25/2001
• Town of Frederick, referral received 7/27/2001
EXHIBIT
1 z .
Referrals have not been received from these agencies:
The Town of Erie
Boulder County
Boulder Valley Soil Conservation District
USR-1348 Abfalter Page 2
/ r SPECIAL REVIEW PERMIT
// \1 ADMINISTRATIVE REVIEW
"Inc
COLORADO
Planner: Chris Gathman
Case Number: USR-1348 Hearing Date: August 7, 2001
Applicant: Rhonda & Chuck Abfalter Address: 2700 WCR 10, Erie, CO 80516
Request: A Site Specific Development Plan and a Special Use Permit for an accessory
building (indoor arena for personal training and boarding)that exceeds four percent
(4%) of the total lot area of a lot in a recorded subdivision in the A (Agricultural)
Zone District
Legal Description: (Lot 12, Carlson Subdivision) Part of the NE4 of Section 16, Township 1
North, Range 68 West of the 6th P.M., Weld County, Colorado
Location: Approximately 630 feet south of Weld County Road 10 and approximately 1,000
feet east of Weld County Road 7
Parcel Size: 4.8 +/- acres Parcel Number: 1467-16-001035
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED 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 Department of Planning Services' staff 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 ordinances in effect. Section 22-2-60 A.Policy
1.a states "Agricultural zoning will be established and maintained to protect and
promote the County's agricultural industry. Agricultural zoning is intended to
preserve prime agricultural land and to provide areas for agricultural activities and
uses dependent upon agriculture without the interference of incompatible
residential, commercial and industrial land uses." The proposal would not be using
the site for agricultural production but for the training of Morgan Horses. This is an
agricultural related activity.
USR-1348 Abfalter Page 3
The proposed building will be located approximately 90 feet from an existing
wellhead on the west property line. The applicants have indicated that they will
pursue boarding of outside animals which means the building must meet the 150
foot setback from wellheads as outlined in Section 23-3-50.E of the Weld County
Code. Conditions of approval require that the applicants either obtain an
authorization from the gas company to encroach within the 150 foot setback or
relocate the building to meet the 150 foot setback from the wellhead.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-30 of the Weld County Code provides for
accessory buildings exceeding 4% of the total lot area on lots in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to the adoption of
any regulations 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. Uses in the area consist of single family residences
with outbuildings and livestock. The majority of outbuildings in the area are
considerably smaller than the barn facility proposed by the applicants. The
proposed building will cover approximately 19% of the site (Lot 12).
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 City of Dacono and the Town of
Frederick, in their referrals received July 6, 2001 and July 27, 2001, indicated that
the proposal had no conflicts with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The proposal is located within the Southwest Weld Road Impact
Area 2 and the Geologic Hazard Overlay District. The barn will be located in an
area of severe subsidence according to the 1978 Weld County Geologic Hazard
Area Map. A Geologic Hazard Overlay Development Permit will be required to be
submitted and approved prior to recording the plat.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The proposal
is located on "Prime" agricultural land but the size of the lot(4.8 acres)and amount
of land owned by the applicants (20 acres) limits the viability of the property for
agricultural production. The proposed use (training of horses) is an agricultural
related use.
g. Section 23-2-220.A.7 -- 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 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
USR-1348 Abfalter Page 4
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Off-street parking spaces and the access drive shall be delineated on the plat.
(Department of Planning Services)
2) Off-street parking spaces and access drives shall be offset a minimum of 3-feet
from adjacent property lines. (Department of Planning Services)
B. The applicant shall submit and receive approval for a Geological Hazard Overlay
District Development Permit from the Department of Planning Services.
(Department of Planning Services)
C. The applicant shall submit and receive approval for a variance application to
construct their proposed arena/stable approximately 60 feet within the required 150
foot setback from the existing wellhead on the property. (Department of Planning
Services)
D. The applicant shall submit a dust abatement plan to the Environmental Health
Services, Weld County Department of Public Health & Environment, for approval
prior to operation. (Department of Public Health and Environment)
E. An individual sewage disposal system is required for the proposed facility and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
F. The applicant shall submit a manure and stormwater management plan to the Weld
County Department of Public Health and Environment fo review and approval. The
plan should describe how manure generated on site will be stored, managed,
removed, land applied, etc. The plan should also describe the fate of any
stormwater that may come into contact with manure.
G. The applicant shall attempt to address the requirements(concerns)of the Mountain
View Fire Protection District , as stated in the referral response received July 11,
2001. Evidence of such shall be submitted in writing to the Weld County
USR-1348 Abfalter Page 5
Department of Planning Services. (Mountain View Fire Protection District)
H. The applicant shall do one of the following:
A. The applicant shall either submit to the Weld County Department of
Planning Services a copy of an agreement with the properties mineral
owners stipulating that the oil and gas activities have adequately been
incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners.
(The applicant shall submit evidence that the gas company is in agreement
with the proposed 90-foot setback from the existing wellhead on the
property). (Department of Planning Services)
or
2) The applicant shall reconfigure the location of the proposed building so that
it meets the 150 foot setback from the existing gas wellhead. (Department
of Planning Services)
3. Prior to Construction:
A. Proper building permits shall be obtained. (Department of Building Inspection)
B. Each Building will require an engineered foundation based on a site-specific
geotechnical report or an open-hole inspection performed by a Colorado registered
engineer. (Department of Building Inspection)
4. Prior to operation:
A. The cedar hedge limbs encroaching onto the access lane shall be trimmed to
accommodate access to the facility. (Department of Public Works)
B. The off-street parking spaces, including the access drive, shall be surfaced with
gravel, asphalt, concrete, or equivalent, and shall be graded to prevent drainage
problems. (Department of Public Works)
5. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
USR-1348 Abfalter Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rhonda & Chuck Abfalter
USR-1348
1. A Site Specific Development Plan and a Special Use Permit for an indoor arena for
personal training and boarding that exceeds four percent (4%) of the total lot area of a lot
in a recorded subdivision in the A (Agricultural) Zone District. (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 applicant owns lots 5,6,11 and 12. If any of the lots are sold, an access easement
needs to be in place to access lots 11 and 12 in the rear, if access is not available from the
south property line. (Department of Public Works)
4. The A (Agricultural) Zone District allows a maximum of four (4) horses per acre. This will
allow a maximum of 19 horses on this lot. Any proposal to exceed (19) horses on this site
will require an approved special use permit from Weld County. (Department of Planning
Services)
5. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff. The manure storage site shall have a water-tight surface which does not
permit seepage or percolation of manure pollutants into the ground. (Department of Public
Health and Environment)
6. Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so
that vermin infestation,odors,disease hazards and nuisances are minimized. Such wastes
shall be removed at least weekly, or more frequently, from the facility and hauled by a
commercial hauler. (Department of Public Health and Environment)
7. The facility shall operate in accordance with the approved dust control plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
(Department of Public Health and Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
USR-1348 Abfalter Page 7
Public Health and Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a"solid waste" in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department
of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
11. Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
13. Adequate hand-washing and toilet facilities shall be provided for the boarders using the
indoor arena. (Department of Public Health and Environment)
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and
Rules and Regulations thereof. (Department of Public Health and Environment)
15. The facility shall utilize the existing public water supply. (Left Hand Water) (Department of
Public Health and Environment)
16. The facility shall comply with the Confined Animal Feeding Operation (CAFO)Regulations.
(5CCR 1002-19) (Department of Public Health and Environment)
17. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program area 2. (Department of
Planning Services)
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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 Development
USR-1348 Abfalter Page 8
Standards stated herein and all applicable Weld County regulations.
21. The 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.
22. 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.
USR-1348 Abfalter Page 9
' DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
C 1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
June 26, 2001
Rhonda&Chuck Abfalter
2700 WCR 10
Erie, CO 80516
Subject: USR-1348- Request for a Special Use Permit for a stable/indoor arena on a parcel of land
described as part of NE4, Sec. 16,T1 N, R68W, (Lot 12)of the 6th P.M.,Weld County, Colorado.
Dear Mr. & Mrs. Abfalter:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for August 7,2001,at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Broomfield, Dacono, Erie, and
Frederick Planning Commission for their review and comments. Please call Broomfield at 303-469-3301,
Dacono at 303-833-2317, Erie at 303-926-2700,and Frederick at 303-833-2388 for further details regarding
the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Broomfield, Dacono, Erie, and Frederick Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
/��1421 EXHIBIT
Chris Gathman
Planner
FIELD CHECK
CASE NUMBER: USR-1348 DATE OF INSPECTION: { /�
APPLICANTS NAME: Rhonda & Chuck Abfalter f
PLANNER: Chris Gathman
REQUEST: Special Use Permit for a stable/indoor arena.
LEGAL DESCRIPTION: part of NE4, Sec. 16, TIN, R68W, (Lot 12) of the 6th P.M., Weld County,
Colorado. ra'rPE7S °A/ >,
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LOCATION: Approximately 630 feet south of WCR 10, approximately 1,000 feet, f WCR 7.
LAND USE: �o�iJ� e",-/ S'eVl 2[ G ���t C f mod✓
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ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
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EXHIBIT
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■ EXHIBIT
FIELD CHECK inspection date: 7/26/01
CASE NUMBER: USR-1348
APPLICANT: Charles & Rhonda Abfalter
LEGAL DESCRIPTION: (Lot 12, Carlson Subdivision), Part NE4 16-1-68
LOCATION: Approx. 630 feet south of WCR 10, Approx. 1,000 feet west of
WCR 7.
Zoning Land Use
N A(Agricultural) N Single family residence (applicants residence),
single family residences and outbuildings to the
northeast.
E A (Agricultural) E Single family residence within 500' of property.
Residence south of the alley.
S A(Agricultural) S New residence being constructed. Remainder
in hay and grass
W A (Agricultural) W Two residences with outbuildings to the west
COMMENTS:
* Proposed access to the site (off of WCR 10) has an existing gate and has grass growing on it.
* Several residences in the vicinity of the site.
* Lot 12 is currently vacant and used as pasture for the horses.
* Gas wellhead is located on the western boundary of the property.
A
Chris Gathman, Current Planner EXHIBIT
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