HomeMy WebLinkAbout20022306.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,along with the addition of Condition of Approval L and the deletion of Development
Standard #9, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1386
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,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
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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.
= EIMIBIT
2002-2306 I S0
Resolution USR-1386
Brett&Chrisann Reese
Page 2
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.
6. 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.
7. 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 Planning Commission's 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)
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)
Resolution USR-1386
Brett&Chrisann Reese
Page 3
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)
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)
A sign plan which conforms to the requirements for signs in the A Agriculture Zone District
with the exception of Section 23-4-90B. One four foot by six foot doubles sided sign shall
be displayed. The sign may be illuminated by a light source. No beams or rays of light are
allowed to shone on the adjacent properties or rights of way.
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 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 maoseco.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)
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)
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
r-.
Resolution USR-1386
Brett&Chrisann Reese
Page 2
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 of the 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)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
24. 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.
25. 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.
26. 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.
Resolution USR-1386
Brett& Chrisann Reese
Page 3
Motion seconded by Stephan Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on August 6, 2002.
Dpted the 6`"of August, 2002.
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Voneen Macklin
Secretary
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