HomeMy WebLinkAbout20122452.tiff HEARING CERTIFICATION
DOCKET NO. 2012-56
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT, USR12-0032, (FORMERLY 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 OF THE WELD COUNTY CODE;
AND A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR 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 PART 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-VIRTUS AND AMY BANOWETZ
A public hearing was conducted on September 12, 2012, at 10:00 a.m., with the following
present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer- EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
El I hereby certify that pursuant to a notice dated July 20, 2012, and duly published July 25,
2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Virtus
and Amy Banowetz, for a Site Specific Development Plan and Amended Use by Special Review
Permit, USR12-0032, (formerly 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 of the Weld
County Code; and a Use Permitted as a Use by Right, Accessory Use, or 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 part 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. Brad Yatabe, Assistant County Attorney,
made this a matter of record.
Et Chair Conway advised Virtus Banowetz, applicant, that he has the option of continuing this
matter to a date when the full Board will be present. However, if he decides to proceed today, it
will require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will
listen to the record and make the determining vote. Mr. Banowetz indicated he would like to
proceed today.
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HEARING CERTIFICATION -VIRTUS AND AMY BANOWETZ (USR12-0032)
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Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and location of the site, and reviewed the referral responses. She also described the
existing site improvements, surrounding land uses, and requirements to ensure compatibility.
She entered the favorable recommendation of the Planning Commission into the record as
written and displayed photographs of the site and surrounding area.
El Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans, as well as access, water quality, and improvements requirements.
Fl Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions to accommodate the proposed use. She also provided an overview of the Waste
Handling and Dust Abatement Plans.
El Mr. Banowetz stated he plans to provide a facility for hosting various types of parties and
events, and expand the second dwelling unit for use as a Bed and Breakfast or country
townhome.
la No public testimony was offered concerning this matter. In response to Chair Conway,
Mr. Banowetz stated the occupancy is currently set at 100 people; however, the engineer's
review indicates the septic is adequate for 200 people.
IR Wendell Hayen, Department of Building Inspection, concurred with the increased capacity.
Ms. Hansen stated Condition of Approval #1.N.5 will ensure there is adequate parking;
therefore, the Board agreed to amend Development Standard #7 to designate up to 200 people.
Mr. Banowetz also requested Development Standard #3 be amended to allow up to ten
employees. Following discussion regarding the hours of operation for the events center, it was
agreed to leave Development Standard #4 unchanged; however, it was agreed the hours of
operation for the septic business detailed in Development Standard #6 should be deleted.
Responding to Chair Conway, Mr. Banowetz indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as proposed and modified.
El Commissioner Long moved to approve the request of Virtus and Amy Banowetz for a Site
Specific Development Plan and Amended Use by Special Review Permit, USR12-0032,
(formerly 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 of the Weld County Code; and a Use
Permitted as a Use by Right, Accessory Use, or 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 part 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, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion included amending Development Standard #3 to increase the number of
employees up to ten, deleting Development Standard #6, and modifying Development
Standard #7 to allow a maximum occupancy of 200 people. The motion was seconded by
2012-2452
PL1598
HEARING CERTIFICATION -VIRTUS AND AMY BANOWETZ (USR12-0032)
PAGE 3
Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:48 a.m.
This Certification was approved on the 17th day of September, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
La% Sean P. Conwa , Chairf:/ C /
Weld County Clerk to the aar. O
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1861 (1SUy1�4 m
.y�.J.;.� . Willm. Gar , Pro-Tem
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BY:
Deputy Clerk to the Boa ,11‘ - EXCUSED
Barbara Kirkmeyer
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David E. Long
Douglas Rademacher
2012-2452
PL1598
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