HomeMy WebLinkAbout990619.tiff HEARING CERTIFICATION
DOCKET NO. 99-16
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1213 FOR A BED AND BREAKFAST FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - GARY AND PENNY NAILL
A public hearing was conducted on March 24, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Ben Patton
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 10, 1999, and duly published March 13, 1999,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Gary and
Penny Neill for a Bed and Breakfast Facility in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Ben Patton, Department of Planning
Services, presented a brief summary of the proposal and entered the favorable recommendation
of the Planning Commission into the record as written. Mr. Patton gave a brief description of the
location of the 1,280-acre ranch, and stated the Bed and Breakfast facility is located on
approximately 5 acres of the property. He explained the area is very rural and classified as non-
prime agricultural land and the applicants are proposing to have a maximum of twenty-five visitors
with three regular employees. Mr. Patton stated four referrals were received with no concerns and
the Health Department has tested the water and finds that it is suitable. He stated the facility lies
within two separate sections which is why the entire 1280 acres were reported in the application.
In response to Chair Hall, Sheble McConnellogue, Health Department, stated Bed and Breakfast
facilities are considered private; therefore, the swimming pool is not regulated, and she submitted
a letter from Laurie Exby, Environmental Specialist, marked Exhibit E, confirming that the pool does
not need to be regulated. Mr. Morrison commented that the applicant may want to keep a record
of the periodic maintenance and cleaning for liability purposes. Chair Hall commented that a Bed
and Breakfast facility should need to ensure that there is adequate public health and safety.
(Switched to Tape #99-10.) Mr. Morrison clarified the classification would be different if the
applicant were opening the pool to the general public other than their guests, and reiterated the
applicant should keep clear and accurate records for insurance purposes. In response to
Commissioner Geile, Mr. Patton clarified the facility is only located on five acres; however, it does
straddle the section line between Sections 21 and 22 and there is the potential for the construction
of a road, which is why the setback requirements were included. Mr. Patton further stated the
Parking Plan does not require more space, it simply indicates where the applicant plans to have
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their guests park. Responding to Commissioner Baxter, Don Carroll, Department of Public Works,
stated the proposed cabins are located near the section line and he is requesting they meet the
standard setback requirements in the event a road should ever need to be constructed.
Commissioner Baxter commented that due to the rough landscape the construction of a road is an
unlikely possibility. Mr. Morrison stated one other solution is to vacate the right-of-way. In
response to Commissioner Vaad, Mr. Patton stated the dotted line on the vicinity map appears to
be a topography line. Responding to Chair Hall, Mr. Morrison clarified this is the final stage for this
application and if approved, the property will become vested for a period of three years.
Penny Naill, applicant, stated the bunkhouse was built in 1897 and the house was built in the early
1920's. Ms. Naill expressed concern that the Parking Plan will involve dedicating additional space
located outside of their proposed area if twenty-five spaces are required. In response to
Commissioner Baxter, Ms. Naill stated they initially planned to direct their guests to park in an old
coral area which is connected to the driveway, rather than parking in front of the cabins. Mr. Patton
clarified the Public Works Department requested twenty-five parking spaces; however, the
applicant can request a smaller amount and staff reviews the proposal to ensure it is sufficient.
The applicant indicated one parking space per unit would be sufficient. Responding to
Commissioner Geile, Mr. Patton stated the setback requirements apply to future construction only
and the existing structures would become non-conforming uses if the right-of-way were used. In
response to Ms. Naill, Commissioner Kirkmeyer stated the Board works with property owners to
make allowances if possible and this condition is simply to make the property owner aware of the
possibility of the construction of a road. Mr. Morrison stated the setbacks are from the section line
and the structures may not create a problem. In response to Commissioner Baxter, Mr. Carroll
stated Weld County Road 141 is on the Weld County Road System. Ms. Naill stated Weld County
does maintain Weld County Road 141 up to the cattle guard at beginning of their driveway and
added they no longer have children in the school system requiring a bus to use the road. Following
discussion regarding the location of the section line setbacks, Ms. Naill indicated for tax purposes
the driveway is considered the section line because structures on opposite sides of the driveway
get taxed as if in different sections. She further stated the cabins are located sixty feet from the
platted section line and the plat was surveyed. Chair Hall suggested deleting the word "existing"
from Condition of Approval#2.A.1. Commissioner Baxter commented that the plat is not an exact
representation of where structures are located on the property. Mr. Morrison stated wording could
be added to state the existing structures are properly located and not subject to the setback
requirements. Commissioner Vaad suggested deleting the words "or existing" and "or do" from
Condition of Approval #2.A.1, and Mr. Morrison agreed this change would be appropriate. In
response to Chair Hall, Mr. Patton reiterated that if the spaces are to be unmarked, the Parking
Plan only indicates how much room is available and where the area is located. Ms. Naill explained
many of their guests will fly into Denver International Airport and ride a shuttle to their property and
will not require a parking space, and she indicated ten parking spaces located on the coral area,
which is 60 feet by 60 feet, would be adequate for the seven units and three employees. Mr.
Carroll indicated the proposed parking area would be adequate for ten cars, and explained his
request for twenty-five spaces was based on the answer to #5 of the application questionnaire.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of Gary and Penny Naill for a Site Specific
Development Plan and Special Review Permit #1213 for a Bed and Breakfast Facility in the A
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(Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record with the deletion of the words "or existing" and "or do" from Condition of Approval #2.A.1.
The motion was seconded by Commissioner Kirkmeyer who requested Condition of Approval#2.B
be deleted since the Parking Plan is already done. Commissioner Vaad amended his motion to
include said deletion. The motion carried unanimously.
This Certification was approved on the 29th day of March, 1999.
APPROVED:
ATTEST: i(j / O ��r BOARD OF COUNTY COMMISSIONERS
llppy�'o/+,,�/ ►IS+�i,' :�+% COUNTY, COLO DO
Weld County Clerk to th= Bo: :,- r s
Dale K. Hall, Chair
Deputy Clerk to th� • , ! n 4L'4
Onin
Barbara J Kirkmeyer, ro-Tem o
TAPE #99-09 and #99-10 v �1 ,� /�
- '
-deorge Baxter
DOCKET#99-16 J
M. J Geile
QevA
Glenn Vaad
990619
PL1294
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1213 - Gary and Penny Naill
Exhibit Submitted Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
E. Health Staff Memo re: Swimming Pool Regulations
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G.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF MARCH, 1999:
DOCKET#99-17 - WILLIAM WILLCUTTS
DOCKET#99-16 - GARY AND PENNY NAILL
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME ANDADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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