HomeMy WebLinkAbout20122440.tiff RESOLUTION
RE: APPROVE 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 -VIRTUS AND AMY BANOWETZ
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 12th day
of September, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Virtus and Amy Banowetz, 24081 County Road 50, LaSalle, Colorado
80645, 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, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption, RE-2358; being part
of the S1/2 SW1/4 of Section 31, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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 recommendation 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.
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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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Goal 7.2) states: "Conversion of
agricultural land to non urban 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. 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.
2) 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
proposed use meets the existing federal, state and local policies
and legislation.
3) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new
industries that will provide employment opportunities in the
County" The proposed uses on the subject property may require
as many as ten (10) employees.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) 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, 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.
C. Section 23-2-230.B.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-foot by 40-foot shed (barn), a 40-foot by 120-foot building (event
center), a temporary house (bed and breakfast), and a small outbuilding.
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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 (CR) 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 Conditions
of Approval and Development Standards 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 23-2-230.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 subject property is located within the three-mile
referral area of the Town of Kersey. The Town of Kersey referral, dated
May 25, 2012, stated no concerns with the proposed development.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the property will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
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 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.
G. Section 23-2-230.6.7 -- 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 will 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 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
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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, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
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.
B. The applicant shall comply with Chapter 23, Appendix 23-B of the Weld
County Code and Section 208 of the 2010 Americans with Disability Act
(ADA) and provide an adequate number of parking spaces. The applicant
shall provide one (1) parking space per 125 square feet of assembly area
for the event center and one (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 USR plat.
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.
D. The applicant shall submit a Loading, Parking and Circulation Plan to the
Department of Planning Services, for review and approval.
E. In accordance with Chapter 23, Article II, Division 4, Section
23-2-240.A.10 of the Weld County Code, the applicant shall submit a
Screening Plan to the Department of Planning Services, for review and
approval.
F. In accordance with Chapter 23, Article II, Division 4, Section
23-2-260.B.12 of the Weld County Code, the applicant shall submit a
Landscape Plan to the Department of Planning Services, for review and
approval.
G. In accordance with Chapter 23, Article IV, Division 2 of the Weld County
Code, the applicant shall submit a Signage Plan to the Department of
Planning Services, for review and approval. The quantity, size and
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location of the signs shall comply with Appendix 23-C and Appendix 23-D
of the Weld County Code.
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 applicant shall
submit a Site Lighting Plan to the Department of Planning Services.
The applicant shall address the requirements of the Farmers Reservoir
and Irrigation Company, as outlined in the referral dated May 31, 2012.
Written evidence of such shall be provided to the Department of Planning
Services.
J. The applicant shall address the requirements of The Weld County
Department of Building Inspection, as outlined in the referral dated
June 26, 2012. Written evidence of such shall be provided to the
Department of Planning Services.
K. The existing Individual Sewage Disposal System (I.S.D.S.), Permit No.
SP-0000419, will need 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 engineer according to the Weld County Individual Sewage
Disposal (I.S.D.S.) Regulations.
L. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicant 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 may provide evidence
from the WQCD that they are not subject to these requirements.
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 may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
N. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0032.
2) The attached Development Standards.
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3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas. Section
23-3-350.H. states: "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."
5) The approved Loading, Parking and Circulation Plan.
6) The approved Landscape/Screening Plan.
7) The approved Signage Plan.
8) The approved Lighting Plan.
9) Show and label the accesses on the plat with the Approved
Access Permit Number (will be provided).
10) Provide a gate, chain, or some other means to prevent guests of
the event center from turning into the first access. If a gate or
chain is used, place it far enough back from the roadway that a
vehicle can pull completely off of the County roadway before
stopping to open it.
11) The applicant shall show the approved water quality feature on the
plat and label it as a "no build" or"no storage area."
2. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #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 the Department of Planning Services. 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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MOB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Oa
ATTEST: C r H I. / I 6D '
Sean P. Cow , Chair
Weld County Clerk to the '�- v �` G/�/
-,s:_�i ill cri
- v. i illiam F. Garcia, Pro-Tern
Deputy Clerk to the Boar.SC ! N \/ EXCUSED
Barba Kirkmeyer
APP AST M: ctvA (Th1
David E. Long
ounty Attorney c•- 3*Attid,„ •,A+a+a !an
DouglatRademack3er
Date of signature: /O/1/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VIRTUS AND AMY BANOWETZ
USR12-0032
1. 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of full-time on-site employees, including the property owners, shall be
limited to ten (10).
4. The hours of operation for the Events Center shall be limited to 6:00 a.m. to 12:00 a.m.
(midnight), seven (7) days a week, as stated in the application materials.
5. The hours of operation for the bed and breakfast/rental shall be 24 hours a day, seven
(7) days a week.
6. The maximum occupancy for the Events Center shall be 200 people.
7. The landscaping, screening, signs, and parking on the site shall be maintained in
accordance with the approved Landscape/Screening/Sign/Parking Plans.
8. No vehicle washing, concrete processing, mixing, pouring, or forming shall be conducted
on the site.
9. 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.
10. 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.
11. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
12. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
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13. 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.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
17. The facility shall utilize the existing public water supply (Central Weld County Water
District).
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division (WQCD).
19. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. There shall be no parking or staging of vehicles on the County roadway.
22. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
23. Weld County is not responsible for the maintenance of on-site drainage related features.
24. 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.
25. 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 in accordance with the plan. Neither direct, nor reflected light, from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
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26. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
27. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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