HomeMy WebLinkAbout990618.tiff RESOLUTION
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
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 24th day
of March, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Gary and Penny Naill, HC 54 Box 34, Kimball, Nebraska 69145, for a
Site Specific Development Plan and Special Review Permit #1213 for a Bed and Breakfast
Facility in the A (Agricultural) Zone District on the following described real estate, to-wit:
Sections 21 and 22, Township 11 North, Range 57
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 2 allows commercial and industrial uses to
locate in the A (Agricultural) Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
available. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to
surrounding areas, and the property is currently being served by an
Individual Septic Disposal System and a private well. A.Goal 1 also
encourages the preservation of prime farmland for agricultural purposes.
No prime farm ground will be taken out of production.
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SPECIAL REVIEW PERMIT #1213 - GARY AND PENNY NAILL
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.20 of the Zoning Ordinance
lists a Bed and Breakfast Facility as a Use by Special Review in the
A (Agricultural) Zone District; Section 31.4.15 describes a Home
Business as a Use by Special Review in the A (Agricultural) Zone District;
Section 31.4.3 lists Guest Farms as Uses by Special Review in the
A (Agricultural) Zone District; and Section 31.4.18 allows any use by right
in the commercial zone as a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance, and will be compatible with future
development of the surrounding area. The proposal is compatible with
surrounding land uses which include native grassland and passive
agricultural uses in all directions. The existing residence will be
maintained in its current condition, and will be used as an office by the
homeowners. The proposed facility will be consistent in appearance with
surrounding structures and are effectively hidden from surrounding
properties.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The
subject site is not located within the planning area of an incorporated
community.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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 Gary and Penny Naill for a Site Specific
Development Plan and Special Review Permit #1213 for a Bed and Breakfast Facility in the
A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
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
completed 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 30
days of approval by the Board of County Commissioners.
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PL1294
SPECIAL REVIEW PERMIT #1213 - GARY AND PENNY NAILL
PAGE 3
2. Prior to recording the plat:
A. The following notes shall be placed on the plat:
1) All proposed structures will meet the minimum setback and offset
requirements for the Agricultural zone district.
2) Any future construction on site shall adhere to the setback from
the section line requirement.
B. The applicant shall submit a Landscaping Plan to the Department of
Planning Services for review and approval. The landscaping plan shall
indicate location and species of all plant materials, planting
implementation schedule and landscape maintenance plan.
C. 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.
D. The access road to the site shall have adequate road base and shall be a
minimum of twenty-four (24) feet wide to accommodate two-way traffic.
3. Any proposed signage shall require appropriate building permits and be
constructed in accordance with Section 42.2 of the Weld County Zoning
Ordinance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, C OR O
ATTEST: Lill
Dale K. Hall, Chair
Weld County Clerk to the Bo'
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� :�9 ` � .l" t ti u_,- / + .4 ;.f-7A4 cif,
� � k3arbara J. Kirkmeyer, Pro-Tern
BY: �_i,r �: �.,.� :^►r �� -
�� -roci� it
Deputy Clerk to the ' •�1'�r
7
George E. xter
PR D TO FORM: QClU
M. J., eile
unty Attorney CG{ �
Glenn Vaad--.
990618
PL1294
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY AND PENNY NAILL
USR #1213
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
in the Department of Planning Services and subject to the Development Standards stated
hereon.
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 the final deposit in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and deposited 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 maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to Section 25-12-102, C.R.S.
8. Adequate toilet facilities shall be provided for the guests and employees.
9. The septic system (SP-9800505) shall be installed according to the Weld County Individual
Sewage Disposal (I.S.D.S.) Regulations.
10. An individual sewage disposal system shall be required for the three proposed cabins. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal (I.S.D.S.) Regulations.
11. The facility shall be maintained in compliance with the Weld County Bed and Breakfast
Guidelines.
12. Due to the transient nature of this facility, the facility shall test the on-site water source for
bacteria and total coliform annually. The first of these tests was conducted by the Health
Department on January 28, 1999, and the water was acceptable. In the event any bacteria
total coliform is detected then treatment procedures shall be required. In the event more
than twenty-five (25) are served daily by the on-site water source, the water system shall
comply with the requirements for a non-community water system, as defined in the Primary
Drinking Water Regulations (5 CCR 1003-1).
13. 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
990618
PL1294
DEVELOPMENT STANDARDS - GARY AND PENNY NAILL (USR #1213)
PAGE 2
pollutant runoff. The manure storage site shall have a water-tight surface which does
permit seepage or percolation of manure pollutants into the ground.
14. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
15. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
16. Personnel from the Departments of Health and 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.
17. 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 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.
18. 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.
990618
PL1294
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