HomeMy WebLinkAbout20130503.tiffPlanner:
Case Number:
Applicant:
Site Address:
Request:
LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
USR12-0076
Stephen & Chris Schultz
37967 State Highway 14, Briggsdale, CO 80611
Hearing Date: February 5, 2013
A Site Specific Development Plan and Use by Special Review Permit for the
expansion or extension of a Nonconforming Use (conversion of a restaurant into a
package liquor store) in the A (Agricultural) Zone District.
Legal Description: Lot A of Recorded Exemption RECX12-0079; located in the S2SE4 of Section 20,
T8N, R62W of the 6th PM, Weld County, Colorado
Location:
North and Adjacent to Highway 14 and approximately 500 -feet West of County Road
77
Size of Parcel: +/- 3.5 acres
Parcel Number: 0545 20 400001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
Weld County Code Compliance, referral received 12/12/2012
With Comments:
Weld County Department of Public Works, referral received 12/14/2012
Weld County Department of Public Health and Environment, referral received 1/3/2013
Colorado Division of Water Resources, referral received 12/17/2012
West Greeley Soil Conservation District, referral received 12/20/2012
Weld County Department of Building Inspection, referral received 1/21/2013
The following agencies have not responded:
Weld County Sheriff's Office
Colorado Department of Transportation (CDOT)
Colorado Parks & Wildlife
Colorado Department of Public Health and Environment
Briggsdale Fire Protection District
USR12-0076, Schultz, Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR12-0076 Hearing Date: February 5, 2013
Applicant: Stephen & Chris Schultz
Site Address: 37967 State Highway 14, Briggsdale, CO 80611
Request: A Site Specific Development Plan and Use by Special Review Permit for the
expansion or extension of a Nonconforming Use (conversion of a restaurant into
a package liquor store) in the A (Agricultural) Zone District.
Legal Description: Lot A of Recorded Exemption RECX12-0079; located in the S2SE4 of Section
20, T8N, R62W of the 6th PM, Weld County, Colorado
Location: North and Adjacent to Highway 14 and approximately 500 -feet West of County
Road 77.
Size of Parcel: +/- 3.5 acres
Parcel Number: 0545 20 400001
SUMMARY: The applicants are proposing to place a package liquor store on the site. The
package liquor store would replace a restaurant facility (Crow Valley Caf�) that
was established as a Nonconforming Use under case # NCU-278 in 1994 and
the existing building was established as a nonconforming structure under case #
NCU-393 in 2004. The liquor store will be located in an existing building. There
are two existing freestanding signs on the property that encroach approximately
1.5 inches and 1.5 feet into the right-of-way for State Highway 14. There is an
existing single family residence on the property as well. No other construction or
expansion to this site is proposed.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 G.2. A.Policy 7.2. of the Weld County Code states: "Conversion of
agricultural land to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such development,
and should attempt to be compatible with the region." The proposed liquor store will be
USR12-0076, Schultz, Page 2
replacing an existing commercial business (Crow Valley Caf�) that previously operated
on the site and will be located in an existing building.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural
(A) Zone District. Section 23-3-40.O of the Weld County Code lists the expansion or
extension of Nonconforming Uses as a Use by Special Review in the A (Agricultural)
Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located west of and adjacent to a rural
residential property; vacant rural parcels and the Crow Valley Recreational area are
located to the north and west. USR-1506 (Welding and Fabrication shop) is located to
approximately 600 -feet to the southeast of the site. The proposed use will be located in
an existing building formerly used as a restaurant. No new or additional signs are
proposed. Conditions of approval and development will ensure compatibility with the
existing surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is not located within a 3 -mile referral area of any
municipality nor is it located within any existing Intergovernmental Agreement Area (IGA)
of a municipality. The site is located approximately ' mile to the northwest of the
unincorporated Townsite of Briggsdale.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The site is not located within a Special Flood Hazard Area (SFHA). The existing site is
within the County Road Impact Fee Area and the Capital Expansion Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-
2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
(Ordinance 2011-2)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The proposed site
is located on land designated as "Other" according to the Important Farmlands Map of
Weld and Larimer Counties.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County. Conditions of approval
and development standards will ensure adequate provisions for the protection of health,
safety and welfare of the inhabitants of the neighborhood and the 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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
USR12-0076, Schultz, Page 3
1. Prior to recording the plat:
A. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR
1003-1). Evidence shall be provided to the Weld County Department of Public Health
and Environment that the system complies with the Regulations. (Department of Public
Health and Environment)
B. The applicant shall submit a revised waste handling plan to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Public Health and Environment)
C. The applicant shall address the requirements of the Department of Public Works, as
stated in the referral response dated December 14, 2012. Include label on water quality
pond as "Water Quality — No Build or Storage Area". Correct the note on the plans for the
Water Quality Control Volume to reflect cubic feet. Re -check and update the dimensions
shown on the plans for the proposed Water Quality pond. (Department of Public Works)
D. An updated sign plan shall be submitted to the Department of Planning Services for
review and approval. (Department of Planning Services)
E. The two existing signs encroaching within the right-of-way of State Highway 14 shall be
relocated outside of State Highway 14 Right -of -Way. Appropriate building permits shall
be obtained for the modification and/or relocation of these signs. (Department of Planning
Services/Colorado Department of Transportation)
F. The applicant shall submit to the Department of Planning Services with a Lighting Plan
for review and approval. (Department of Planning Services)
G. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0076. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of
the Weld County Code addresses the issue of trash collection areas. Areas used
for storage or trash collection shall be screened from adjacent public
rights -of -way and adjacent properties. These areas shall be designed and used
in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
5. The off-street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent
drainage problems. (Department of Public Works)
6. The approved water quality pond. Include label on water quality pond as "Water
Quality — No Build or Storage Area". (Department of Public Works)
7. The approved Lighting Plan. (Department of Planning Services)
USR12-0076, Schultz, Page 4
8. The approved Sign Plan. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit an electronic version or three (3) paper
copies of the plat for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one -hundred twenty
(120) days from the date of the Board of County Commissioners resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2012-3 approved 6/12/2012, should the plat not
be recorded within the required one -hundred twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. Building permits will be required for an existing nonconforming use. Building permit
application must be completed with a code analysis, compete floor plan including
accessibility and life safety, mechanical ventilation .Plans should include any propose
alterations to the structure; plans shall be prepared by an architect or engineer.
(Department of Building Inspection)
B. Buildings, structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2012lnternational Energy Code; 2006 International Fuel
Gas Code; the 2012 International Plumbing Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
C. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
6. Prior to the issuance of the Certificate of Occupancy:
A. Septic Permits SP -1200242 (existing residence) must receive final approval through the
Weld County Department of Public Health and Environment. (Department of Public
Health and Environment)
B. The existing septic systems must be abandoned in accordance with Section 30-7-70 of
the Weld County Code pertaining to individual sewage disposal systems. (Department of
Public Health and Environment)
7. 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. (Department of Planning Services)
USR12-0076, Schultz, Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Stephen & Chris Schultz
USR12-0076
1. A Site Specific Development Plan and Special Review Permit for the Expansion or extension of a
Nonconforming Use (conversion of a restaurant into a package liquor store) in the A (Agricultural)
Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on -site employees (not including the property owners) shall be limited to four (4).
(Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
12. In the event the facility's water system serves more than 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
(Department of Public Health and Environment)
13. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
14. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
USR12-0076, Schultz, Page 6
15. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
19. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code.
20. Off-street parking spaces including the access drive shall be surfaced with gravel and shall be
graded to prevent drainage problems. (Department of Public Works)
21. Parking lots shall conform to all standards of the American with Disabilities Act. (Department of
Public Works)
22. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
23. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment 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 Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
24. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
25. 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 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.
26. 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.
27. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
USR12-0076, Schultz, Page 7
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
USR12-0076, Schultz, Page 8
January 18, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
Bruce Johnson
801 8th Street, Suite 220
Greeley, CO 80631
Subject: USR12-0076 - A Site Specific Development Plan and Use by Special Review Permit for the
Expansion or extension of a Nonconforming Use (conversion of a restaurant into a package liquor store)
in the A(Agricultural) Zone District.
On parcel(s) of land described as:
LOT A RECX12-0079; S2SE4 SECTION 20, T8N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 5, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 27, 2013
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
Www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.01.18 08:08:14 -0700'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
December 12, 2012
Bruce Johnson
801 8th Street, Suite 220
Greeley, CO 80631
Subject: USR12-0076 - A Site Specific Development Plan and Use by Special Review Permit for the
Expansion or extension of a Nonconforming Use (conversion of a restaurant into a package liquor store)
in the A(Agricultural) Zone District.
On parcel(s) of land described as:
S2SE4 SECTION 20, T8N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
��LLu4
Chris Gathman
Planner
r^
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2012.12.12 11:30:31 -0700'
FIELD CHECK inspection dates: 1/25/2013
APPLICANT:
CASE #:
REQUEST:
LEGAL:
LOCATION:
PARCEL ID
ACRES:
Stephen & Chris Schultz
USR12-0076
A Site Specific Development Plan and Use by Special Review Permit for the expansion or
extension of a Nonconforming Use (conversion of a restaurant into a package liquor store) in
the A (Agricultural) Zone District.
Lot A of Recorded Exemption RECX12-0079; located in the S2SE4 of Section 20, T8N,
R62W of the 6th PM, Weld County, Colorado
North and Adjacent to Highway 14 and approximately 500 -feet West of County Road 77.
#: 0545 20 400001
+/- 3.5 acres
Zoning
Land Use
N
A
N
Crow Valley Campground
E
A
E
Rural residential lot
S
A
S
Agricultural land/Briggsdale townsite to the
southeast
W
A
W
Agricultural/Farmground
COMMENTS:
Existing residence and store building on the property.
C_ titi44
Chris Gathman - Planner Ill
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