HomeMy WebLinkAbout961044.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1117 FOR BED AND BREAKFAST RECREATIONAL FACILITY (DUDE
RANCH) IN THE A (AGRICULTURAL) ZONE DISTRICT -STRUNK
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 12th day of
June, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Sharon Strunk, 66354 Weld County Road 390, Hereford, Colorado 80732, for a Site
Specific Development Plan and Special Review Permit#1117 for a Bed and Breakfast Recreational
Facility (Dude Ranch) in the A (Agricultural) Zone District on the following described real estate,
to-wit:
A tract of land located in Sections 1, 2, and 12, Township 11 North,
Range 62 West and Sections 34 and 35, Township 12 North,
Range 62 West of the 6th P.M., Weld County, Colorado
WHEREAS, Sharon Strunk, 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. This proposal is consistent with the Weld County Comprehensive Plan and
is provided for as a Use by Special Review.
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SPECIAL REVIEW PERMIT#1117 - STRUNK
PAGE 2
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 District.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sharon Strunk for a Site Specific Development Plan and
Special Review Permit#1117 for a Bed and Breakfast Recreational Facility (Dude Ranch) 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 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 five (5) guestrooms allowed in each of 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. There shall be no more than a total of ten (10) guestrooms on the
property.
4. The facility shall comply with the Weld County Bed and Breakfast Guidelines.
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SPECIAL REVIEW PERMIT#1117 - STRUNK
PAGE 3
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 or the property owner/applicant
submits evidence to the Department of Planning Services for review by legal staff
that the property owner/applicant has a legal right to use Crow Creek and the
reservoirs located on the property.
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
Services 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) is
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.
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.
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SPECIAL REVIEW PERMIT#1117 - STRUNK
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
��' Wetatte
WED COUNTY, C/OLOR9cb0
ir arbar J. Kirkmeyer, CFjair
1861f .01
4 , ,.:..i. , ty Clerk to the Board f/ p. ties ~ •/J _yr . 1
�0 „ �S 0 a a I O orge'E. Baxter Pro Tem
�: , = A
%®L ' 'deputy Clerk 'the Board 4 T final
Dale K. Hall
APP AS R : / , G
Constance L. Harbert
ounty for '/b 42
W. . Webster
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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 five (5) guestrooms allowed in each of 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. There shall be no more
than a total of ten (10) guestrooms on the property.
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.
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DEVELOPMENT STANDARDS - STRUNK (USR#1117)
PAGE 2
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.
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 herein and all applicable Weld County Regulations.
20. The Special Review area shall be limited to the plans shown herein 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.
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Proposed Changes to Conditions of Approval number 3 and 5
Department of Planning Services' staff recommends that Condition of Approval number 3 should
read as follows:
There shall be no more that 5 guestrooms allowed in each of 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. There shall be no more than a total of ten (10)
guestrooms on the property.
Department of Planning Services' staff recommends that Condition of Approval number 5 should
read as follows:
There shall be no boating, fishing, swimming, or other recreational activities associated with Crow
Creek or the reservoirs 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 or the
property owner/applicant submit evidence to the Department of Planning Services for review
by legal stafithat the property owner/applicant has a legal right to use of Crow Creek and the
reservoirs located on the property.
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