HomeMy WebLinkAbout990646.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller 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-1213
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APPLICANT: Gary and Penny Naill Fri c n
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ADDRESS: HC 54 Box 34, Kimball, NE 69145
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PLANNER: Ben Patton 4_
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, T11N, R57W of the 6th P.M., Weld County, Colorado
LOCATION: Approximately two miles south of WCR 132; approx three miles west of State Hwy 71
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, as amended.
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. 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
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.
EXHIBIT
990646
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RESOLUTION, USR-1213
Neill
Page 2
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 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 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
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)
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RESOLUTION, USR-1213
Naill
Page 3
E. The access road to the site shall have adequate road base and shall be a minimum of
twenty-four feet(24') wide to accommodate two-way traffic. (Public Works)
3. Any proposed sign age shall require appropriate building permits and be constructed in accordance
with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
Motion seconded by Stephan Mokray.
VOTE:
For Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, 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 February 16, 1999.
Dated the 16th of February, 1999.
Cle ilniSr
Jennifer Mehring
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1213 Gary & Penny Nail!
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. The
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.)
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.)
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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.)
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