HomeMy WebLinkAbout20022305.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1386 FOR A BED AND BREAKFAST FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRETT AND CHRISANN REESE
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 11th day
of September, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Brett and Chrisann Reese, 21491 Weld County Road 64, Greeley,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review
Permit#1386 for a Bed and Breakfast Facility in the A (Agricultural) Zone District on the
following described real estate, to-wit:
SE1/4 E1/2, and SW1/4 of Section 27, Township 6
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 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. The one-
acre site was created in the late 1800's as a school site for the Platte
Valley school house. The property is designated as prime; however, it is
less than eighty acres and not 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 a minimal impact on farming practices or
surrounding land uses.
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SPECIAL REVIEW PERMIT #1386 - BRETT AND CHRISANN REESE
PAGE 2
b. Section 23-2-230.6.2 -- 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 23-2-230.6.3 -- 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 farmland to the
north, east, and south, and single family residential units lie to the west,
southwest, and east. The Greeley-Weld County Airport runway is
approximately one mile to the east. The proposal will not influence or
change the character of the neighboring properties.
d. Section 23-2-230.6.4 -- 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 its interests. The referral notes that the
proposed use is within the Airport Area of Influence and the applicant
should be advised that as the airport expands so will future noise issues.
Also, airport traffic will increase as the airport will eventually be annexed
into Greeley's municipal boundaries.
e. Section 23-2-230.6.5 -- 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 23-2-230.B.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 23-2-230.6.7 -- 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 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 Brett and Chrisann Reese for a Site Specific
Development Plan and Use by Special Review Permit#1386 for a Bed and Breakfast Facility in
the A (Agricultural) Zone District on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
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SPECIAL REVIEW PERMIT#1386 - BRETT AND CHRISANN REESE
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1. Prior to recording the plat:
A. The plat shall be labeled Use by Special Review#1386.
B. The plat shall delineate the attached Development Standards.
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.
D. The applicant shall address the requirements of the Department of
Building Inspection as stated in the referral, dated April 22, 2002.
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 to the
Department of Planning Services for review and approval.
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.
G. The applicant shall address the requirement of the Federal Aviation
Administration as stated in the referral, dated 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.
H. The applicant shall provide evidence that the plumbing for the cistern is
separate from the main plumbing in the house.
I. The applicant shall submit a copy of the approved cistern permit to the
Department of Planning Services.
J. The applicant shall pay the five hundred (500) dollar investigation fee for
violation cases to the 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.
L. A sign plan, which conforms to the requirements for signs in the
A (Agriculture)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 the adjacent properties or rights-of-way.
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SPECIAL REVIEW PERMIT#1386 - BRETT AND CHRISANN REESE
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2. Upon completion of Condition of Approval #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 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 thirty
(30) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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 maps(cr�co.weld.co.us.
4. Prior to operation:
A. The applicant shall obtain the appropriate Building Permits for the change
of use to a Bed and Breakfast facility.
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.
5. 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.
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SPECIAL REVIEW PERMIT#1386 - BRETT AND CHRISANN REESE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD„COUNTY, LO
ATTEST:
Gle aad, hair
Weld County Clerk t.r ;a :�` :a .%
David E. L g, Pro- e
BY: G_.
Deputy Clerk to the
. J. eile
APP: s V! DA O FSRM:
William H. Jerke
/.0'y Attorn-y EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
Date of signature: cb
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRETT AND CHRISANN REESE
USR #1386
1. The Site Specific Development Plan and Use by Special Review 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
8. The facility shall adhere to American Disabilities Act (ADA) Standards in regard to the
building and parking area.
9. Adequate hand washing and toilet facilities shall be provided for guests.
10. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
13. Water 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 records for three years, which describe where the water was obtained to fill the
cistern. The water shall be transported 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.
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DEVELOPMENT STANDARDS - BRETT AND CHRISANN REESE (USR #1386)
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14. 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.
15. In order to ensure that guests have sufficient water, the applicant shall check and record
the water level of the cistern every day while guests reside at the Bed and Breakfast.
16. 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.
17. The applicant shall comply with the rules and regulations of Chapter 14, Article Ill, of the
Weld County Code pertaining to cisterns.
18. 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.
19. Guests shall be made aware of agricultural spraying by ground and air during summer
months.
20. The Bed and Breakfast facility is located underneath three (3) traffic pattern areas for
runways 34, 9, and 27 of the Greeley-Weld County Airport. Guests should be aware of
noise and overflight patterns from planes going to and from the airport.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. 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.
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