HomeMy WebLinkAbout20122442.tiff • 1 8 6 1 - 2 0 1 1 LAND USE APPLICATION
1/''(•i SUMMARY SHEET
WEL O NTY
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Planner: Diana Aungst Hearing Date: August 7, 2012
Case Number USR12-0032
Applicant: Vitrus and Amy Banowetz
Request: A Site Specific Development Plan and Amended Use By Special Review Permit(USR-
1374) for a bed and breakfast facility; one (1) single-family dwelling unit per lot other
than those permitted under Section 23-3-20 A; and a Use Permitted as a Use By Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts, provided that the property is not a lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions (Events Center and Septic/Cement Contractor and Storage Building
Business) in the A(Agricultural)Zone District.
Legal Lot A of RE-2358 being part of the S2SW4 of Section 31, T5N, R64W of the 6th P.M.,
Description: Weld County, CO
Location: North and adjacent to County Road 50 and east and adjacent to County Road 49
•
Size of Parcel: 11.355 acres +/- Parcel No. 0963 31 3 00 001
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 referral responses with comments from the
following agencies:
➢ Weld County Department of Public Health and Environment, referral dated June 15, 2012 and email
dated June 25, 2012
➢ Farmer's Irrigation Ditch and Reservoir Company, referral dated May 31, 2012 and email dated July
17,2012
➢ Weld County Department of Building Inspection, referral dated June 26, 2012
➢ Weld County Department of Public Works, referral dated June 18, 2012
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ State of Colorado, Division of Water Resources, referral dated May 29, 2012
➢ West Greeley Soil Conservation District, referral dated May 23, 2012
➢ Platte Valley Fire Protection District, referral dated May 23, 2012
➢ Weld County Zoning Compliance, referral dated May 22, 2012
➢ School District RE-7, referral dated June 4, 2012
➢ Town of Kersey, referral dated May 25, 2012
•
Banowetz
USR12-0032,page 1 of 11
aola- aLtyo
The Department of Planning Services'staff has not received responses from the following agencies:
• ➢ Colorado Division of Parks and Wildlife
➢ Weld County Sheriffs Department
•
•
Banowetz
USR12-0032,page 2 of 11
• 1861 - 2011
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WEL`►�' O NTY
u
Planner: Diana Aungst Hearing Date: August 7, 2012
Case Number USR12-0032
Applicant: Vitrus and Amy Banowetz
Request: A Site Specific Development Plan and Amended Use By Special Review Permit (USR-
1374) for a bed and breakfast facility; one (1) single-family dwelling unit per lot other
than those permitted under Section 23-3-20 A; and a Use Permitted as a Use By Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts, provided that the property is not a lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions (Events Center and Septic/Cement Contractor and Storage Building
Business) in the A(Agricultural)Zone District.
Legal Lot A of RE-2358 being part of the S2SW4 of Section 31, T5N, R64W of the 6th P.M.,
Description: Weld County, CO
• Location: North and adjacent to County Road 50 and east and adjacent to County Road 49
Size of Parcel: 11.355 acres +/- Parcel No. 0963 31 3 00 001
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 ordinance in effect.
Section 22-2-20.G.2. A.Goal 7.2. states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site
is in an area that can support such development, and should attempt to be compatible with
the region." Application materials indicate the site can support the proposed use and as a
Condition of Approval the applicant will be required to screen the outdoor parking areas from
the surrounding properties and the pubic right-or-way.
Section 22-2-100.D. C.Goal 4. states: "New commercial uses or expansion of existing
commercial uses should meet existing federal, state and local policies and legislation."
Conditions of Approval and Development Standards will ensure that the propose use meets
the existing federal, state and local policies and legislation.
• Section 22-6-20 A. ECON.Goal 1. State: "Encourage the expansion of existing businesses
and the location of new industries that will provide employment opportunities in the County."
Banowetz
USR12-0032,page 3 of 11
The application materials state that the propose uses on the subject property may require as
• many as five(5)employees.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Sections 23-3-40.U., 23-3-40.M., and 23-3-40.S. of the Weld County Code
allow for, A Site Specific Development Plan and Amended Use By Special Review Permit
(USR-1374) for a bed and breakfast facility; one (1) single-family dwelling unit per lot other
than those permitted under Section 23-3-20 A; and a Use Permitted as a Use By Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions
(Events Center and Septic/Cement Contractor and Storage Building Business) 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.
The facility is located in a rural agricultural area approximately 2.5 miles south of Kersey.
The existing structures on the subject property include a primary dwelling unit, a 14'x40'
shed [barn], a 40'x120' building [event center] and a temporary house [bed and breakfast]
and a small outbuilding. The adjacent properties to the north, east and west are mainly
utilized for farming and grazing. The property to the south is primarily residential. This
residence is directly south of the subject property approximately 300 feet south of the
proposed event center on the south side of County Road 50. The Weld County Department
of Planning Services has received no letters/comments from the surrounding property
owners. The Landscaping, Screening, and Lighting Plan in addition to the Development
Standards and Conditions of Approval for this proposal will assist in mitigating the impacts of
the facility on the adjacent properties and will ensure that this use will be compatible with
• surrounding land uses.
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 subject property is located within the three-mile referral area of the Town of Kersey. The
Town of Kersey in their referral dated May 25, 2012 stated that they have no concerns with
the proposed development.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and Drainage Impact Fee areas.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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 existing and proposed facility is located on soils designated primary as "Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed
• Amended USR will not take any Prime(Irrigated) Farmland out of production.
Banowetz
USR12-0032,page 4 of 11
G. Section 23-2-220.A.7--There is adequate provisions for the protection of 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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
B. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section
208 of the 2010 Americans with Disability Act and provide an adequate number of parking
spaces. The applicant shall provide 1 parking space per 125 square feet of assembly area
for the event center and 1 parking space per unit for the bed and breakfast. The events
center building is approximately 4,800 square feet for a total of 39 parking spaces with one
•
(1) additional for the bed and breakfast. Two of the 40 parking spaces shall meet the
requirements of ADA. Further, the applicant shall delineate curb stops for the parking
spaces shown on the Use by Special Review plat. (Department of Planning Services)
C. The applicant shall adhere to the ADA standards for the subject property at all times. Non-
ambulatory/ambulatory parking spaces shall be identified and shown on the plat. The ADA
parking spaces must be the closest possible to the entrance. Signage will be required. Curb
cuts, ramps, and other methods of providing accessibility shall be required to reasonably
attempt to meet the requirements of the ADA standards. (Department of Planning Services)
D. The applicant shall submit a Loading, Parking and Circulation Plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
E. In accordance with Chapter 23, Article II, Division 4, Section 23-2-240(A)(10) the applicant
shall submit a Screening Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
F. In accordance with Chapter 23, Article II, Division 4, Section 23-2-260(8)(12) the applicant
shall submit a Landscape Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
G. In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Signage
Plan to the Department of Planning Services for review and approval. The quantity, size and
location of the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of
Planning Services)
H. Section 23-3-360.F. states, in part, that, "any lighting...shall be designed, located, and
• operated in such a manner as to meet the following standards: sources of light shall be
shielded so that beams or rays of light will not shine directly onto adjacent properties...."The
Banowetz
USR12-0032,page 5 of 11
applicant shall submit a site lighting plan that shall comply with Section 23-3-360.F.
• (Department of Planning Services)
I. The applicant shall address the requirements of The Farmers Reservoir and Irrigation
Company as outlined in their referral dated May 31, 2012. Written evidence of such shall be
provided to the Department of Planning Services. (Department of Planning Services)
J. The applicant shall address the requirements of The Weld County Building Department as
outlined in their referral dated June 26, 2012. Written evidence of such shall be provided to
the Department of Planning Services. (Department of Planning Services)
K. The existing individual sewage disposal system (Permit No. SP-0000419) will require to be
upgraded for the addition of a bedroom for the bed and breakfast or rental unit, and for the
proposed event center. The upgraded 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)
L. In the event the septic system requires a design capacity of over 2,000 gallons of sewage
per day the applicants shall provide evidence that all requirements of the Water Quality
Control Division (WQCD) of the Colorado Department of Public Health and Environment
(specifically Policies WQSA-6 and WQSA-8 ) have been satisfied. Evidence of compliance
shall be provided to the Weld County Department of Public Health and Environment.
Alternately, the applicant can provide evidence from the WQCD that they are not subject to
these requirements. (Department of Public Health and Environment)
M. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for any large-capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
• Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
N. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0032. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per 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. states
that, "Areas used for storage or trash collection shall be screened from adjacent public
rights-of-way and adjacent properties. These areas shall be designed and used in a
manner that will prevent wind- or animal-scattered trash." (Department of Planning
Services)
5) The approved Loading, Parking and Circulation Plan. (Department of Planning
Services)
6) The approved Landscape/ Screening Plan. (Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) Show and label the accesses on the Plat with the Approved Access Permit Number
•
(will be provided). (Department of Public Works)
Banowetz
USR12-0032,page 6 of 11
10) Provide a gate or chain or some other means to prevent guests to the event center
• from turning into the first access. If a gate or chain is used please place it far enough
back from the roadway that a vehicle can pull completely off of the County roadway
before stopping to open it. (Department of Public Works)
11) The applicant shall show the approved water quality feature on the plat and label it as
a no build or no storage area. (Department of Public Works)
2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 Department of Planning Services' Staff. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerter(aco.weld.co.us. (Department of Planning Services)
•
Banowetz
USR12-0032,page 7 of 11
• SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR12-0032
1. A Site Specific Development Plan and Amended Use By Special Review Permit(USR-1374)for a
bed and breakfast facility; one (1) single-family dwelling unit per lot other than those permitted
under Section 23-3-20 A; and a Use Permitted as a Use By Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a
lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions (Events Center and Septic/Cement Contractor and
Storage Building Business) 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. (Department of Planning Services)
3. The number of full-time on-site employees including the property owners shall be limited to 5 as
stated in the application materials. (Department of Planning Services)
4. The hours of operations for the events center shall be limited to 6:00 a.m.- 12:00 a.m. (midnight)
7-days a week as stated in the application materials. (Department of Planning Services)
5. The hours of operations for the bed and breakfast/rental shall be 24 hours a day/7-days a week.
(Department of Planning Services)
6. The hours of operations for the septic business shall be limited to 8:00 a.m. to 5:00 p.m. Monday
through Friday as stated in the application materials. (Department of Planning Services)
• 7. The maximum occupancy for the events center shall be 100 people as stated in the application
materials. (Department of Planning Services)
8. The landscaping, screening, signs, and parking on site shall be maintained in accordance with
the approved Landscape/Screening/Sign/Parking Plans. (Department of Planning Services)
9. No vehicle washing, concrete processing, mixing, pouring, or forming shall be conducted on site.
(Department of Planning Services)
10. 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 Public Health and
Environment)
11. 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)
12. 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.
(Department of Public Health and Environment)
13. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved "dust abatement plan", at all times. (Department of
• Public Health and Environment)
Banowetz
USR12-0032,page 8 of 11
15. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
• as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
17. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
18. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
19. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
20. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
21. 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)
22. There shall be no parking or staging of vehicles on the County Roadway. (Department of Public
Works)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
•
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
25. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other
than grasses, needs to be maintained at a maximum height of 12 inches until the area is
completely developed. (Department of Public Works)
26. 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; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
27. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
28. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
29. 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)
Banowetz
USR12-0032,page 9 of 11
30. The property owner or operator shall be responsible for complying with the Design Standards of
• Section 23-2-240,Weld County Code. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code. (Department of Planning Services)
32. 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.
(Department of Planning Services)
33. 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. (Department of Planning Services)
34. 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. (Department of
Planning Services)
35. 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
Banowetz
USR12-0032,page 10 of 11
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 selling.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, 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.
•
•
Banowetz
USR12-0032,page 11 of 11
FIELD CHECK Inspection Date: 7/13/12
Case Number: USR12-0032
Applicant: Vitrus Banowetz
Request: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (USR-1374) FOR A BED AND BREAKFAST FACILITY; ONE (1)
SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20 A; AND A USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS (EVENTS CENTER AND SEPTIC BUSINESS
CEMENT CONTRACTOR AND STORAGE BUILDING BUSINESS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
Legal Lot A of RE-2358 being part of the S2SW4 of Section 31, T5N, R64W of the 6th P.M.,
Description: Weld County, CO
Location: North and adjacent to CR 50 and east and adjacent to CR 49.
Size of Parcel: 11.355 acres +/- Parcel No. 0963 31 3 00 001
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Residential
W A (Agricultural) W Agricultural
COMMENTS:
The subject property is located in an agricultural area The subject property contains the following
improvements: a primary dwelling unit, a 14'x40' shed [barn], a 40'x120' building [evebter] and a
temporary house [bed and breakfast] and a small outbuilding.
There is a residene south of the subject property approximately 300 feet from the proposed event
center. There are two accesses onto the subject property both from County Road 50. County Road 50
has recently been paved.
Diana Aungst,g t, Planrthr
• 41 1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631w
' I� WEBSITE:ww.co.weld.co.us
r f E-MAIL:daungst@co.weld.co.us
PHONE: (970)353-6100, Ext. 3524
0 0 0 N T Y FAX: (970)304-6498
July 10, 2012
VIRTUS&AMY BANOWETZ
24081 CR 50
LA SALLE, CO 80645
Subject: USR12-0032 -A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (USR-1374) FOR A BED AND BREAKFAST FACILITY; ONE (1) SINGLE-FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20 A;AND A
USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT
A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
(EVENTS CENTER AND SEPTIC BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
LOT A REC EXEMPT RE-2358; PART S2SW4 SECTION 31, T5N, R64W of the 6th P.M.,Weld County,
Colorado.
• Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 7, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 12,
2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntvpl anni ngcases.orq
S
Page 2 of 2
• If you have any questions concerning this matter, please call.
Respectfully,
Digitally author
signed Kristine his om
Reason:lam the au thor of document
this
Location:1555 N 17th Ave
Date:2012.07.1015:58:03-06'00'
Diana Aungst
Planner
•
•
• 1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
I+ WEBSITE:www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
t PHONE: (970)353-6100, Ext. 3524
. G 0 U N T T FAX: (970)304-6498
May 22, 2012
VIRTUS BANOWETZ
24081 CR 50
LA SALLE, CO 80645
Subject: USR12-0032 -A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (USR-1374) FOR A BED AND BREAKFAST FACILITY; ONE (1) SINGLE-FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20 A; AND A
USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT
A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
(EVENTS CENTER AND SEPTIC BUSINESS)IN THE A(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
PT S2SW4 SECTION 31, T5N, R64W LOT A REC EXEMPT RE-2358 of the 6th P.M., Weld County,
Colorado.
•
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration 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 following Planning Commission(s)for their review and comments:
Kersey at Phone Number 970-353-1681
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully.
a Digitally signed by Kristine Ranslem
',�,t•. „� �„ _, ---r- Location am the author of this document
VJ Vw" �J�{�/�lftad Location:1555e author
Ave
Date:2012.05.22 14:05:03-06'00'
• Diana Aungst
Planner
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