The URL can be used to link to this page

Browse Search

Home My WebLink About990647.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Gary and Penny Nail! Case Number USR-1213 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Letter to applicant X 3 Staff field check form X 4 Comments (6 pages) X 5 Legals X 6 Application X 7 Referral Letter X 8 Referral list X 9 Weld County Building Inspection referral 1/18/99 X 10 Weld County Code Enforcement referral 1/15/99 X 11 Weld County Health Department referral 2/8/99 X 12 Weld County Public Works referral 2/8/99 X 13 Maps (2 pages) X 14 Deed (omitted from packet) X 15 Surrounding Property Owners (6 pages) X 15 items submitted = EXHIBIT 990647 u51L %2/3 I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. 6a7P Ben Patton ❖ Planner STATE OF COLORADO ) COUNTY OF WELD ) 1 // SUBSCRIBED and SWORN TO BEFORE ME THIS rn ra day of Adyitti _>) 19 gq SEAL NOTARY PUBLIC MY COMMISSION EXPIRES 9/5/;W/ 7 h iDe. LANDON SUMMARY SHEET COLORADO Case Number: USR-I213 Hearing Date: February 16, 1999 Applicant: Gary and Penny Nail! Address: HC 54 Box 34 Kimball,NE 69145 Request: A Site Specific Development Plan and a Special Review Permit for a Bed and Breakfast Facility in the Agricultural Zone Legal Description: Sections 21 and 22, Township 11 North, Range 57 West Location: Approximately two miles south of WCR 132; Approx. three miles west of SH 71 Size of Parcel: 5.5 +/_acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Health Department • Weld County Public Works • Weld County Code Enforcement Dept. • Weld County Building Inspection Department EXHIBIT rat' SPECIAL REVIEW PERMIT WIIDc ADMINISTRATIVE REVIEW COLORADO Case Number: USR-1213 Hearing Date: February 16, 1999 Applicant: Gary and Penny Nail! Address: HC 54 Box 34 Kimball,NE 69145 Request: A Site Specific Development Plan and a Special Review Permit for a Bed and Breakfast Facility in the Agricultural Zone Legal Description: Sections 21 and 22, Township I I North, Range 57 West Location: Approximately two miles south of WCR 132; Approx. three miles west of SH 71 Size of Parcel: 5.5 +/-acres PARCEL NUMBER: 0221 10 000002/04 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS. I. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance, as amended. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as follows: a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan. A. Goal 2 allows for commercial and industrial uses to locate in the 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. b. Section 24.3.1.2 -- 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 Agricultural zone; Section 31.4.15 describes a Home Business as �j(77)(/,(/ / a Use by Special Review in the Agricultural zone; Section 31.4.3 lists Guest Farms as Uses by Special Review in the Agricultural Zone;and Section 31.4.18 allows any use by right in the commercial zone as a Use by Special Review in the Agricultural Zone. c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended, 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 24.3.1.4 -- The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone districts 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 24.3.1.5--The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended), 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 ofthe application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services'staff 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 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. 2. Prior to recording the plat: A. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural zone district(Dept. Of Planning Services). 2) Any future construction on site shall adhere to the setback from the section line requirement. (Public Works) B. The applicant shall submit a parking plan to the Department of Planning Services for review and approval. The parking plan shall be made in accordance with Section (").0 41 of the Weld County Zoning Ordinance. (Dept. Of Planning Services) C. 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. (Dept. Of Planning Services) D. 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. (Dept. Of Planning Services) E. The access road to the site shall have adequate road base and shall be a minimum of twenty- four feet(24') wide to accomodate two-way traffic. (Public Works) 3. Any proposed signage shall require appropriate building permits and be constructed in accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 9 '100 (4- ci7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 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. (Planning Dept.) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning Dept.) 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. (Health Dept.) 4. No permanent disposal of wastes shall be permitted at this site.(Health Dept.) 5. Waste materials shall be handled, stored, and deposited in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 6. Fugitive dust shall be controlled on this site. (Health Dept.) 7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) 8. Adequate toilet facilities shall be provided for the guests and employees. (Health Dept.) 9. The septic system(SP-9800505) shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Health Dept.) 10. An individual sewage disposal system shall be required for the three proposed cabins. 'fhe septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Health Dept.) 11. The facility shall be maintained in compliance with the Weld County Bed and Breakfast Guidelines. (Health Dept.) 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). (Health Dept.) () 2 o / 7 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 pollutant runoff The manure storage site shall have a water-tight surface which does permit seepage or percolation of manure pollutants into the ground. (Health Dept.) 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, as amended. (Planning Dept.) 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, as amended. (Planning Dept.) 16. 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. (Planning Dept.) 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 Planning Commission 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. (Planning Dept.) 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. (Planning Dept.) ;;;Nt• DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-631252-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO January 8, 1999 Gary and Penny Naill HC54 Box 34 Kimball, NE 69145 Subject: USR-1213- Request for a Site Specific Development Plan and Use by Special Review Permit for a Bed and Breakfast Facility on a parcel of land described as Section 21/22, T11 N, R57W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Naill: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for February 16, 1999, at 1:30 p.m. This meeting will take place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, (yor Ben Patton Planner �X7S c1b f a FIELD CHECK inspection date: January 27, 1999 CASE NUMBER: USR-1213 APPLICANT: Gary and Penny Nail LEGAL DESCRIPTION: Sections 21 ans 22, Township 11 North, Range 57 West LOCATION: Approximately three miles south of WCR 132 on WCR 141 Zoning Land Use N A(Agricultural) N Grassland/ Passive Agricultural Uses E A(Agricultural) E Grassland/ Passive Agricultural Uses S A(Agricultural) S Grassland/ Passive Agricultural Uses W A(Agricultural) W Grassland/ Passive Agricultural Uses COMMENTS: Access to site is a well-maintained two-lane gravel road from WCR 141. Site is in an extremely isolated and rural area characterized by rolling hills and grassland. Existing structures include a home, barn, swimming pool, and a partially completed cabin. Site is well-maintained and clean. No zoning violations are apparent. r IXNI$it I 97o&'/7 Hello