HomeMy WebLinkAbout20013077 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1348 FOR AN ACCESSORY BUILDING (INDOOR ARENA FOR PERSONAL
TRAINING AND BOARDING) THAT EXCEEDS FOUR PERCENT OF THE TOTAL LOT
AREA IN A RECORDED SUBDIVISION IN THE A(AGRICULTURAL) ZONE DISTRICT
- CHARLES AND RHONDA ABFALTER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day
of November, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Charles and Rhonda Abfalter, 2700 Weld County Road 10, Erie,
Colorado 80516, for a Site Specific Development Plan and Use by Special Review
Permit#1348 for an Accessory Building (indoor arena for personal training and boarding) that
exceeds four percent of the total lot area in a recorded subdivision in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot 12, Carlson Subdivision; located in part of the
NE1/4 of Section 16, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicants were present at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.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
j 2001-3077
�C . "� W2 /94 /7fy PL1572
SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER
PAGE 2
be using the site for agricultural production but for the training of Morgan
Horses. This is an agricultural related activity. The proposed building will
be located approximately 90 feet from an existing wellhead on the west
property line. Should the applicants pursue boarding of outside animals,
then the building must meet the 150-foot setback from wellheads as
outlined in Section 23-3-50.E of the Weld County Code. The Conditions
of Approval require that the applicants either obtain a variance from the
encroachment of the well head from the Board of Adjustment, relocate
the building to meet the 150-foot setback from the wellhead, or design
the building to meet the U occupancy classification of the Uniform
Building Code.
b Section 23-2-230.B.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 four percent 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 23-2-230.6.3 —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 percent of the site (Lot 12).
d. Section 23-2-230.B.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
referrals received July 6, 2001, and July 27, 2001, indicated that the
proposal does not conflict with their interests.
e. Section 23-2-230.B.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 23-2-230.B.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
2001-3077
PL1572
SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER
PAGE 3
(20 acres) limits the viability of the property for agricultural production.
The proposed use (training of horses) is a use allowed by right in the A
(Agricultural) Zone District.
g. Section 23-2-230.B.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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Charles and Rhonda Abfalter for a Site Specific
Development Plan and Use by Special Review Permit#1348 for an Accessory Building (indoor
arena for personal training and boarding) that exceeds four percent of the total lot area in a
recorded subdivision in the A (Agricultural) Zone District on the hereinabove described parcel of
land be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by 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.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The access drive shall be delineated on the plat.
2) The access drives shall be offset a minimum of three feet from
adjacent property lines.
3) The plat shall be redrawn at a scale of 1:100.
4) The plat shall include a Vicinity map as cited in Section 23-2-260
of the Weld County Code.
5) The plot plan shall be redrawn to identify:
a. All public rights-of-way
b. All existing structures
c. Adjacent property lines with respect to the identification of
owners names.
2001-3077
PL1572
SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER
PAGE 4
d. Topography at two-foot contour intervals
e. Location of any Geologic Hazard areas as defined in the
Geological Hazard permit.
B. The applicant shall submit, and receive approval for, a Geological Hazard
Overlay District Development Permit from the Department of Planning
Services.
C. The applicants shall either obtain a variance form the encroachment of
the well head from the Board of Adjustment with 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, or design the
building to meet the U occupancy classification of the Uniform Building
Code.
D. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment, for approval prior to operation.
E. An individual sewage disposal system is required for the proposed facility
and shall be installed and designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
F. The applicant shall submit a Manure and Stormwater Management Plan
to the Weld County Department of Public Health and Environment for
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 or 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 Department of Planning Services.
3. Prior to Construction:
A. Proper building permits shall be obtained, if necessary.
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.
2001-3077
PL1572
SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER
PAGE 5
4. Prior to operation:
A. The cedar hedge limbs encroaching onto the access lane shall be
trimmed to accommodate access to the facility.
B. The access drive shall be surfaced with gravel, asphalt, concrete, or
equivalent, and shall be graded to prevent drainage problems.
C. The applicants shall demonstrate that the applicable provisions of the
Mountain View Fire Protection District have been satisfied.
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of November, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: ihu# ! i 1 Lt i4e, ir
Weld County Clerk tot( :Q ''
Ad
Glenn Vaad, Pte- m
BY:
Deputy Clerk to the Bir!([� 1 V
� William H. Jerke
}P'f D AS O FORM: EXCUSED DATE OF SIGNING (AYE)
�� // David E. Long
uSrty t3ney EXCUSED DATE OF SIG ING (AYE)
Robert D. Masden
Date of signature: / I4/
2001-3077
PL1572
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES AND RHONDA ABFALTER
USR#1348
1. A Site Specific Development Plan and Use by Special Review Permit #1348 is for an
Accessory Building (indoor arena for personal training and boarding) that exceeds four
percent of the total lot area of a lot in a recorded subdivision in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The applicant owns lots 5, 6, 11 and 12. An access easement shall be in place to access
lot 12 if access is not available from the southern property line.
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 Use by Special Review Permit from Weld County.
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.
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.
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.
8. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
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, Section 30-20-100.5, C.R.S.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. Fugitive dust shall be controlled on this site.
2001-3077
PL1572
DEVELOPMENT STANDARDS - CHARLES AND RHONDA ABFALTER (USR #1348)
PAGE 2
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103 C.R.S.
13. Adequate hand-washing and toilet facilities shall be provided for the boarders using the
indoor arena.
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
15. The facility shall utilize the existing public water supply (Left Hand Water).
16. The facility shall comply with the Confined Animal Feeding Operation (CAFO) Control
Regulations. (5CCR 1002-19)
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.
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
Standards stated herein and all applicable Weld County regulations.
21. 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.
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.
2001-3077
PL1572
Hello