HomeMy WebLinkAbout20022307.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Brett& Chrisann Reese Case Number USR 1386
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Mokray Field Check Form X
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment
Division of Wildlife referral received 04/08/2002 X
Weld County School District RE-6 referral received 04/18/02 X
4 Referrals with comments X
Weld County Department of Public Works referral received 05/06/2002 X
Weld County Department of Public Health& Environment referral received X X
04/29/2002, 07/08/2002, 07/30/2002,and 08/06/2002
Eaton Fire Department referral received 04/18/2002 and 05/09/2002 X
Weld County Sheriffs Office referral received 05/10/2002 X
Weld County Cooperative Extension referral received 04/19/2002 X
West Greeley Soil Conservation District referral received 04/22/2002 X
Greeley-Weld County Airport referral received 04/08/2002 X
Weld County Department of Building Inspection referral received 04/22/2002 X
Federal Aviation Administration referral received 04/09/2002 and 04/12/2002 X
7.4 EXHIBIT
2002-2307
us° -4k also
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City of Greeley referral received 04/25/2002 X
Weld County Department of Planning Services referral received 04/07/2002 X
Weld County Code Compliance referral received 05/09/2002 X
Office of the State Engineer, Division of Water Resources referral received X
06/17/2002
5 Surrounding Property Owners-Letters
6 PC Exhibits
Approval letter for cistern sent to Brett and Chrisann Reese X
Additional development standards from the Dept.of Health and Environment X
E-mail regarding the use of water for the cistern from Dept.of Health & X
Environment
7 Planning Commission Resolution
I hereby certify that the above items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
44:ter, USE LAND
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR- 1386 Hearing Date: August 6, 2002
Applicant: Brett and Chris Ann Reese
Address: 21491 WCR 64
Greeley, Colorado 80631
Request: A Site Specific Development Plan and a Special Review Permit for a Bed and
Breakfast Facility in the A(Agricultural)Zone District
Legal Description: Southeast Corner of the E2,SW4 of Section 27,Township 6 North,Range 65 West
of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 64 ("O" Street) and %2 mile west of
Weld County Road 45
n Size of Parcel: 1 +/- acres
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 responses from the following agencies:
• Weld County Zoning Compliance, referral received 05/09/2002
• Weld County Department of Public Health and Environment, referral received 04/29/2002,
07/08/2002, 07/30/2002, and 08/06/2002
Weld County Department of Public Works, referral received 05/06/2002
• Weld County Department of Building Inspection, referral received 04/22/2002
• Weld County Sheriffs Office, referral received 04/10/2002
Weld County Department of Planning Services(Landscaping), referral received 04/07/2002
Eaton Fire Protection District, referral received 04/18/2002
• Weld County School District RE-6, referral received 04/18/2002
• West Greeley Soil Conservation District, referral received 04/22/2002
• Weld County Cooperative Extension, referral received 04/09/2002
• Division of Wildlife, referral received 04/08/2002
Greeley- Weld County Airport, referral received 04/08/2002
• Federal Aviation Administration, referral received 04/09/2002 and 05/10/2002
• City of Greeley, referral received 04/25/2002
• Division of Water Resources, referral received 06/17/2002
USR-1386, Brett&Chris Ann Reese, 1 EXHIBIT
I
SPECIAL REVIEW PERMIT
i \1 ADMINISTRATIVE REVIEW
wok
COLORADO
Planner: Carla Angeli
Case Number: USR-1386 Hearing Date: August 6, 2002
Applicant: Brett&Chris Ann Reese
Address: 21491 WCR 64
Greeley, Colorado 80631
Request: A Site Specific Development Plan and a Special Review Permit for a Bed and
Breakfast Facility in the(A)Agricultural Zone District
Legal Description: Southeast Corner of the E2,S W4 of Section 27,Township 6 North,Range 65 West
of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 64 ("O" Street) and 'A mile west of
Weld County Road 45
Parcel Size: 1 +1- acres Parcel Number: 0803 27 000040
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. The one acre site was created in the late
1800s as a school site and was used as the Platte Valley school house. The property is
designated as prime however it is less than the eighty acres considered to be a viable farm
operation. The house on site is currently used as a single family residence and the proposed
use will have minimal impact on farming practices or surrounding land uses.
USR-1386, Brett&Chris Ann Reese,2
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.T.of the Weld County Code provides for a Bed and Breakfast
Facility 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.The surrounding land uses are agriculture and rural residential. There
is farm land to the north, east, and south. Single family residential units lie to the west,
southwest,and east. The Weld-Greeley Airport runway is approximately 1 mile to the east.
The proposal will not influence or change the character of the neighboring properties.
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 proposal is located within the three mile referral area of the City of Greeley. The City
of Greeley has reviewed the request and finds no conflict with their interests. The referral
notes that the proposed use is within the Airport Area of Influence and be advised that as the
airport expands so will future noise issues. Also the referral informs the applicant that airport
traffic will increase as the airport will eventually be annexed into Greeley's municipal
boundaries.
e. Section 23-2-220.A.5 --The site is within the Airport Overlay District. The 100 year flood
plain lies directly west of the site as identified by the Flood Insurance Rate Map Community
Panel Map 080266 0629 C dated September 28, 1982.
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 one acre site is
designated as prime by the Farmlands of National Importance map dated 1979. The site is
not large enough to contain a productive farm operation.
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 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 plat shall be labeled Use by Special Review 1386 (Department of Planning Services)
b. The plat shall delineate the following:
1) The attached Development Standards. (Department of Planning Services)
USR-1386, Brett&Chris Ann Reese,3
c. The West Greeley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall submit written documentation to the Department of Planning
Services that they have reviewed the information and will use it to positively manage on site
soils. (Department of Planning Services)
d. The applicant shall address the requirements of the Department of Building Inspection as
stated in the referral received April 22, 2002. (Department of Planning Services)
e. The applicant shall address the requirements of the landscape referral received from the
Department of Planning Services. A landscaping,parking,screening,and lighting plan shall
be submitted for review and approval to the Department of Planning Services. (Department
of Planning Services)
f. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for transportation and non-
transportation requirements. The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the plat.
(Department of Planning Services)
g. The applicant shall address the requirement of the Federal Aviation Administration as stated
in the referral received May 10, 2002. Written documentation shall be submitted to the
Department of Planning Services that an avigation easement and disclosure statement was
recorded on the deed. (Department of Planning Services)
h. The applicant shall provide evidence that the plumbing for the cistern is separate from the
main plumbing in the house. (Department of Planning Services)
i. The applicant shall submit a copy of the approved cistern permit to the Department of
Planning Services. (Department of Planning Services)
j. The applicants shall pay the five hundred(500)dollar investigation fee for violation cases to
the Department of Planning Services. (Department of Planning Services)
k. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
1. A sign plan which conforms to the requirements for signs in the A(agricultural)zone district
with the exception of Section 23-4-90.B. One four foot by six foot double sided sign shall be
displayed. The sign may be illuminated by a light source. No beams or rays of light are
allowed to shine on adjacent properties or public rights-of-way.
USR-1386, Brett&Chris Ann Reese,4
2. Upon completion of 1. 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 thirty(30)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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy ofthis
Use by Special Review. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,ArcInfo Coverages and ArcInfo 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 maps@co.weld.co.us. (Department of Planning Services)
4. Prior to operation:
a. The applicant shall obtain the appropriate building permits for the change of use to a bed and
breakfast facility. (Department of Planning Services)
b. The bed and breakfast facility shall be reinspected by the Eaton Fire Protection District prior
to receiving the final certificate of occupancy on the building. Written documentation from
the Eaton Fire Protection District shall be submitted to the Department of Planning Services
stating the facility has passed inspection and is ready for operation. (Department of Planning
Services)
5. 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)
r
USR-1386, Brett&Chris Ann Reese,5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brett and Chris Ann Reese
USR- 1386
1. The Site Specific Development Plan and Special Use Permit is for a Bed and Breakfast Facility in the
A (Agricultural)Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Department of Planning Services)
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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and Environment)
4. 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)
5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,blowing
debris, and other potential nuisance conditions. (Department of Public Health and Environment)
6. The hours of operation shall be from 4 p.m. to 11 a.m. daily.
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the(Residential)Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
9. The facility shall adhere to American Disabilities Act standards in regards to the building and parking
area. (Department of Planning Services)
10. Adequate hand washing and toilet facilities shall be provided for guests.(Department of Public Health
and Environment)
11. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
12. 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)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
USR-1386,Brett&Chris Ann Reese,6
14. Water obtained to fill the cistern shall be obtained from a"community water system"as defined by
the Colorado Primary Drinking Water Regulations or an alternative source as approved by the Weld
County Department of Public Health and Environment. The operator shall maintain 3 years worth of
records that describe where the water was obtained to fill the cistern. The water shall be tranported
from the "community water system" in a clean vessel and transferred to and from the vessel in a
manner that does not compromise the quality of the water.
15. The applicant shall test the water to ensure that the water contains a free chlorine residual minimum
of 0.2ppm with an optimal of 0.6ppm. The chlorine testing should be conducted prior to the arrival
of guests and every day thereafter while guests reside at the Bed and Breakfast.
16. In order to ensure that guests have sufficient water,the applicant shall check and record the water level
fo the cistern every day while guests reside at the Bed and Breakfast.
17. The cistern water must by tested quarterly for bacteriological contamination for one year. At the end
of the one year time period,the Board of Health will evaluate the need for continued testing.
18. The applicant shall comply with the rules and regulations of Weld County Ordinance#172 pertaining
to cisterns.
19. The off-site street parking and the access drive shall be surfaced with gravel,asphalt,concrete or the
equivalent. It shall be graded to prevent drainage problems. (Department of Public Works)
20. Guests shall be made aware of agricultural spraying by ground and air during summer months. (Weld
County Cooperative Extension)
21. The Bed and Breakfast facility is located underneath three(3)traffic pattern areas for runways 34,9,
and 27 ofthe Greeley-Weld County Airport. Guests should be aware of noise and overflight patterns
from planes going to and from the airport. (Greeley-Weld County Airport Authority)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. Personnel from the Weld County Departments of Public Health and Environment,Planning Services
and Public Works 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.
26. 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 ofthe Department
of Planning Services.
USR-1386, Brett 8 Chris Ann Reese,7
27. 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 maybe
reason for revocation of the Permit by the Board of County Commissioners.
USR-1386, Brett&Chris Ann Reese,8
S1 MEMORANDUM
CDATE: July 26, 2002
COLORADO TO: Planning Commission L
FROM: Carla Angeli, PlannerG
SUBJECT: Packets for USR-1386
USR-1386 was continued from July 16, 2002, until August 6, 2002. Planning Commission
members were mailed the packets on July 9, 2002. It was requested at the hearing that the
packets be saved until the August hearing. There are no new attachments to date, but staff
comments will be updated to include information from the Health Department regarding the cistern.
EXHIBIT
1a
MEMORANDUM
1.1
wig . TODATE:
July 8, 2002
Planning Commission
COLORADO
FROM: Carla Angeli, Planner
SUBJECT: Request for continuance for USR-1386
The Department of Planning Services is recommending a continuance for USR-1386 until
August 6, 2002. The applicants Brett and Chrisann Reese have applied for a cistern as the
source of water for the Bed and Breakfast facility. The Department of Public Health and
Environment rejected their request. The applicants are going to appeal this decision to the
Board of Health on July 23, 2002. In order to make a recommendation to the Planning
Commission staff is requesting a continuance until the water issue is settled.
MEMORANDUM
COLORADO
TO: Weld County Planning Commission
FROM: Carla Angeli •S Planner I c=-1-1ni"-
SUBJ: USR-1386, Request for Continuance
DATE: May 14, 2002
1. The Department of Planning Services is requesting a continuance for USR-1386 ( a Bed
and Breakfast Facility in the A Agricultural Zone District). The applicants, Brett and Chris
Reese, are working on issues regarding their Well Permit with the Colorado Department
of Water Resources. The applicants are aware of the continuance and request a hearing
date for July 16, 2002.
DEPARTMENT OF PLANNING SERVICES
IliDePHONE (970)3 , EXT.3540
FAX (97(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
April 4, 2002
Brett& Chrisann Reese
21491 WCR64
Greeley CO 80631
Subject: USR-1386- Request for a Site Specific Development Plan and a Special Review Permit for a bed and
breakfast facility(lodging for guests within the existing house)in the A(Agricultural)Zone District on a parcel
of land described as the south east corner of the E2,SW4 of Section 27,T6N, R65W of the 6th P.M.,Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for May 21, 2002, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property 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 Greeley Planning Commission for their review and comments.
Please call Greeley at (970) 350-9780 for further details regarding the date, time, and place of this meeting. It is
recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to
answer any questions the Commission members may have with respect to your application.
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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Carla Angeli
Planner
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PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: 1 ►i Ay I I) _, . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
1 HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- 13�1G .
THE SIGN WAS POSTED BY:S'rjh ros 'i wI WtLe✓,e,44.j l` 1# / ?,G26G)-- /J(G� nNc e r
NAME OF PERSOA POSTING SIGN
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SIGNATURE FOR PERS POSTING SIGN
STATE OF COLORADO)
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COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS !I I144
DAY OF gI /,
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NOTARY PUBLIC
MY COMMISSION EXPIRES: J - itQ9- v tp
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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FIELD CHECK
CASE NUMBER: USR-1386 DATE OF INSPECTION: 6410 102,
APPLICANT'S NAME: Brett&Chrisann Reese
PLANNER: Carla Angeli
REQUEST: A Site Specific Development Plan and a Special Review Permit for a bed and breakfast facility
(lodging for guests within the existing house) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: South east corner of the E2,SW4 of Section 27,T6N,R65W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to WCR 64 ("O" Street) and approximately 1/2 mile west of WCR 45.
LAND USE:
N ACA — \Astc$e
E AG - Co It .tE-tD w X 4 43tw€-
S Ac C' - Co R4J cte s)
w ?,4rcute w.1,1 SeNgi Oo►wtS
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
-n4v Pc?s✓-A Y ?RIM. �{i'kawattJ4 lbef-e k
11446 Lec 'r 15 tee- "S Wto,bJ 8ustp6'S5 RouTG-.
P.C. Member
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FIELD CHECK inspection date: 05/08/2002
CASE NUMBER: USR-1386
APPLICANT: Brett and Chris Ann Reese
LEGAL DESCRIPTION: Southeast corner of the E2 of the SW4 of Section 27-6-65 of the
6th P.M., Weld County, CO
LOCATION: North of and adjacent to WCR 64 CO" Street) and approximately
Y: mile west of WCR 45.
Zoning Land Use
N A (Agricultural) N Open farm land
E A (Agricultural) E Open farm land, single family residences
S A (Agricultural) S Open farm land, oil and gas tank (southwest), single
family residence
W A (Agricultural) W Agriculture, Single family residences
COMMENTS:
21491 WCR 64 (property address)
House on property (used to be a school house). Ditch on the east side of the property. Gravel
parking area. One access to the site. White six foot fence around the south property line
facing WCR 64. WCR 64 is paved.
6414—
Carla Angeli, Planner
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