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Home My WebLink About20013090 Davis Graham & Stubbs LLP September 17, 2001 cc,. Mr. Chris Gathman, Planner ,y /on Weld County Planning Commission A� 1555 North 17th Avenue o _ lea Greeley, CO 80631 ��` ��t Re: Rhonda Webber Horse Arena/USR 1348 �` ea, Township 1 North, Range 68 West Section 2: NW/4NE/4 Dear Mr. Gathman: This law firm represents Kerr McGee Rocky Mountain Corporation ("KMRMC") with respect to KMRMC 's oil and gas interests in the above captioned lands (the "Property"). KJMIRMC has evaluated and declined the applicant's request for a waiver of the 150-foot setback requirement imposed upon the above captioned permit (the "USR"). As you are aware, KMRMC, formerly HS Resources, Inc., has regularly informed the Weld County Planning Commission and other communities in Weld County of the importance of reasonable setback requirements for new surface development from existing oil and gas wells and facilities. Such setback requirements and often greater setback requirements are already imposed upon mineral owners who wish to develop their oil and gas rights by drilling new wells or relocating production equipment and facilities. These measures are in place to protect the health, safety and welfare of the community. Likewise, KMRMC recognizes that the 150-foot waiver condition imposed upon the USR protects the health and safety of the community. KMRMC believes that the Planning Commission's conditional approval of the USR is appropriate under the circumstances. KMRMC has evaluated the particular location and well for the purpose of determining the need for future access and adequate distances from the proposed arena, but also for health and safety concerns. While day-to-day operation of the well location on the Property may not present immediate conflicts and danger with respect to the proposed development, the possibility of a blowout, fire or other disaster affecting the well and surrounding structures raises substantial liability issues and health and safety concerns. Based upon the health and safety concerns and substantial risk to KMRMC, KMRMC cannot grant the requested waiver and encourages the Planning Commission to maintain the 150-foot setback requirement for the proposed development for the reasons discussed above. EXHIBIT 439402Iv1 t p l September 17,2001 12:14ptri 1 vome611idlitleM7v1.ArtiVitnt". '3di$927499'rr'r1(ld irrU5mrnofr4d651i1/'?cdmf 1,s9} I 17 www.dgs1aw.cam 2001-3090 September 17, 2001 Page 2 KMRMC appreciates the respect and courtesy the applicant and Weld County Planning Commission has given to KMRMC's rights in the Property. If you have any questions concerning KMRMC's operations on the Property or would like to discuss the concerns raised above, please do not hesitate to call Mr. Chris Greneaux of KMRMC at (303) 296-3601. Very truly yours, Dustin M. Ammons for DAVIS, GRAHAM & STUBBS LLP DMA/jw cc: C. Greneaux of KMRMC Ms. Rhonda Webber 2700 WCR#10 Erie, Colorado 80516 • Y � I I ----1:. CASE NO. - _ ACRES NAME A CASE Na - NAME ACRES S1J=. REQUEST_.. *'. A PUBLIC THEARING CONCERNING THIS �• � REQUEST . „A �. ' PROPERTY WILL SE HELD AT 915- REOUEPUBLICHEARING - w' 10th STREEG THIS GR ILL BEC ENDAT 9N5-101h .L ,-, STREET It GREEY.COLORADO 90631, EELEY,COlOggpp S FOR MORE INFORMATION CALL THE ON18 AT 80531. WELD COUNTY DEPT.OF PLANNING WELD ORE I COUNTY AMA ION CALLJl r,,_. SERVICESAT 355.000. SERVICES 3�EPT Of PLA THE i. �j Ry AT 'boo. NNIN i �' . EXHIBIT •g F ,:.,Se ;11.13-, , 's \ r AI yr FM r_ y-. '' —y <L , f 1 S ^_,_' ' ' ft f _ Mi Ill 'i ISIS. it -1r4 - #94EliT S. k tal -x. e-r A's ••_, i. a • •. el er 4 Orr— Y a r e _ C. 1JY%ems _ iill Y P rxYa• ; LA .‘ ",,,.. s -., at.,._ 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 applicant was 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 23-2-220.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 EXHIBIT 2001-3077 I lit, -1; ‘ .„),)8 2 - PL1572 SPECIAL REVIEW PERMIT #1348 - CHARLES AND RHONDA ABFALTER PAGE 2 not 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. The applicants have indicatcd that they will pursue boarding of outside animals, which-meats-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 an setback Of 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 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 23-2-220.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 percent of the site (Lot 12). d. Section 23z�z 2220.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 referrals received July 6, 2001, and July 27, 2001, indicated that the proposal does not conflict 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. 2001-3077 PL1572 SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER PAGE 3 f. Section 23-2-220.A.G -- 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 rclatcd u3c- 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 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. property). or 2001-3077 PL1572 SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER PAGE 4 3. 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) access drives shall be offset a minimum of three feet from adjacent property lines. B. The applicant shall submit, and receive approval for, a Geological Hazard Overlay District Development Permit from the Department of Planning Services. a The applicant shall submit and rccciec approval for a variancc application to construct the proposed arena/stable approximately 60 feet within the required 150-foot setback from the existing wellhead on the property. It 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. 2001-3077 PL1572 SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER PAGE 5 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. • 4 . Prior to Construction: A. Proper building permits shall be obtained, 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. 5 . Prior to operation: A. The cedar hedge limbs encroaching onto the access lane shall be trimmed to accommodate access to the facility. 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. 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. 2001-3077 PL1572 SPECIAL REVIEW PERMIT#1348 - CHARLES AND RHONDA ABFALTER PAGE 6 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 COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board Glenn Vaad, Pro-Tem BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: David E. Long County Attorney Robert D. Masden Date of signature: 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. if any of the lots are sold, n access easement needa to be in place to access lots 11 a rd 12 in the rear, if access is not available from the south 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 Zoning—Zone Districts Div. 1, ;1 Agricultural '„ a. nrt —gee.23.3..x- ,.. R. Any use permitted a Use by Right, an D. Maximum m + ACCESSORY USE, or a Use by Special Review ;- I `;TS r P permuted per acre: min in the COMMERCIAL or industrial zone dis- thereof, r'ton tricts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots E' _No BBILDI . ; parts of a map or plan Filed prior to adoption of defined and limited t !! I E,a any regulations controlling subdivisions. Hip i Groups ,A, B. E. II I U , development proposals shall not be permitted to ? the 1997 Uniform Bung. n ; use the special review permit process to develop. srructed within a two-inn: ::. t "'' tank battery or onL w i . t 0f S. CHILD CARE CENTER. I , wellhead. .1m a two. hundred foot radius o! Hits; T. BED AND BREAKFAST FACILITY. 're hundred-filly-foot 1:1J111\ , . .in: A,He: .I,-, r U. USES similar to the USES listed above as require ace r accordance with ce r Seelo nom [Eh � ' t I �e- Uses by Special Review as long as the USE coin- C. � County Codification Uir!icr,nc, : : ii_i 1 plies with the general intent of the A (Agricul- tural) Zone District. (Weld County Codification 1._-____ x Ordinance 2000-1; Weld County Code Ordinance ( 2001-1) Sec. 23-3-50. Bulk requirements. -` The following t lists the bulk requirements for the A (Agricultural) Zone District. ti — A. Minimum LOT size: 1. Irrigated: eighty (SO) acres. 2. Dry: eighty (80) acres. B. Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the mini- mum SETBACK and may be located on the prop- erty line. Fences located on corner lots abutting public rights-of-way shall not obstruct the view of vehicular traffic at an intersection. C. Minimum OFFSET: three (3) feet, or one ii (I) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. Fences are not required to comply with the minimum OFFSET and may be located on the property line. EXHIBIT 23-925 Hello