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HomeMy WebLinkAbout961092.tiff rbd Thll BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Zachary Allely 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-1117 NAME: Sharon Strunk ADDRESS: 66354 WCR 390 Hereford, CO 80732 REQUEST: A Site Specific Development Plan and Special Review Permit for a Bed and Breakfast and Recreational facility (Dude Ranch) in the A(Agricultural)zone district. LEGAL DESCRIPTION: A tract of land located in Section 1,2, and 12, T11 N, R62W and Section 34 and 35, T12N, R62W of the 6th P.M., Weld County, Colorado. LOCATION: Northeast and adjacent to WCR 390; southwest and adjacent to WCR 390; south and adjacent toWCR77. PARCEL NUMBER: 004134000020, 004134000011, 021101000011, 021102000013, 021112000015 PLANNER: Todd A. Hodges 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: A. This proposal is consistent with the Weld County Comprehensive Plan and is provided for as a Use by Special Review. B. The proposed use will be compatible with the existing surrounding land uses and with future development. C. Portions of the property are located within the Flood Hazard Overlay District and the issues are addressed in the conditions of approval and development standards. The site is not located within an airport or a geological hazard overlay districts. D. The applicant has demonstrated a diligent effort to conserve.productive agricultural land. E. The conditions of approval and development standards will ensure adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County: 961092 RESOLUTION, USR-1117 Sharon Strunk Page 2 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. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of -Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. 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. 3. There shall be no more than 5 guestrooms allowed in the Bed and Breakfast structures. If the number of guest rooms exceeds five(5), the guest structures shall comply with the provisions for the hotel (R-1) building code classification. 4. The facility shall comply with the Weld County Bed and Breakfast Guidelines. 5. There shall be no boating, fishing, swimming, or other recreational activities associated with Crow Creek or the reservoir located on the property unless an agreement is made with the owner of the water and a copy of the agreement submitted to the Department of Planning Services. 6. Yearly potability analysis (bacteria) shall be conducted on any ground water well used as a drinking source for patrons and the results submitted to the Weld County Health Department. 7. Prior to recording the Plat: a. The plat shall be amended to show the location and number of the proposed parking spaces for the visitors to the site. b. The center access to the residence,:located between the tree rows, shall be closed. A note shall be placed on the plat indicating that the access has been closed. c. The plat shall be amended to show the entire property boundary for this proposal. d. The amended plat shall be submitted to the Department of Planning Service's staff for review and approval by the Public Works Department and the Department of Planning Services. e. The applicant shall submit evidence that the existing septic system(s) are currently permitted through the Weld County Health Department or that an I.S.D.S. Evaluation has been performed by the Weld County Health Department. If the system(s) is found to be inadequate,the system(s) must be brought into compliance with current I.S.D.S. Regulations. f. The applicant shall submit evidence to the Department of Planning Services that the septic system serving the guest accommodations has been evaluated by a Colorado Registered Professional Engineer. 961092 Resolution, USR-1117 Sharon Strunk Page 3 g. The applicant shall submit evidence to the Department of Planning Services that the existing well on the property has been designated for commercial use. Motion seconded by Arlan Marrs. VOTE: For Passage Against Passage Abstained Ron Sommer Kristie Nicklas Ann Garrison Marie Koolstra Jack Epple Zachary Allely Arlan Marrs Richard Kimmel The chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATON OF COPY I, Jill Boshinski, 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 May 9, 1996. Dated the 9t✓ phh 9th of 1996. iinski Secretary 961092 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sharon Strunk USR-1117 1. The Site Specific Development Plan and Special Review permit is.for a Bed and Breakfast and Recreational facility (Dude Ranch) located in the A(Agricultural)zone district. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes 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. 5. Fugitive dust shall be controlled at this site. 6. The site shall comply with the Confined Animal Feeding Operations Regulations (5CCR 1002-19) and Section 47 of the Weld County Zoning Ordinance, as amended. 7. Yearly potability analysis (bacteria) shall be conducted on any ground water well used as a drinking source for patrons and the results submitted to the Weld County Health Department. 8. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests,or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 9. The facility shall maintain compliance with the Weld County Bed and Breakfast Guidelines. 10. The facility shall be maintained at all times with the standards of the Pawnee Fire Protection District. 11. There shall be no more than 5 guestrooms allowed in the Bed and Breakfast structures. If the number of guest rooms exceeds five(5), the guest structures shall comply with the provisions for the hotel(R-1) building code classification. 12. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. 13. The property shall be maintained in compliance at all times with the Flood Hazard Overlay District requirements. 14. The property shall be maintained in compliance at all times with the Department of Army, Corp of Engineers requirements. 15. The property shall be maintained in compliance at all times with the Colorado Division of Water Resources requirements. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 961092 DEVELOPMENT STANDARDS, USR-1117 Sharon Strunk Page 2 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department and Weld County Department of Planning Services 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 hereon and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 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. 21. 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. 961092 Hello