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HomeMy WebLinkAbout20130502.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, 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: USR12-0076 APPLICANT: RANDOLPH & JUDY CASS, C/O STEVEN & CHRIS SCHULTZ PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR THE EXPANSION OR EXTENSION OFA NONCONFORMING USE (CONVERSION OF A RESTAURANT INTO A PACKAGE LIQUOR STORE) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT A RECX12-0079; PART OF THE S2SE4 SECTION 20, TON, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 14 AND APPROXIMATELY 650 FEET WEST OF CR 77. 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission 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 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 23-3-40.0 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 Y< 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 o'O/_3.- p sr.? RESOLUTION USR12-0076 RANDOLPH & JUDY CASS, C/O STEVEN & CHRIS SCHULTZ PAGE 2 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 Planning Commission recommendation for approval is conditional upon the following: 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) • • • RESOLUTION USR12-0076 RANDOLPH & JUDY CASS, C/O STEVEN & CHRIS SCHULTZ PAGE 3 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) 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) 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). This digital file may be sent to maps(@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) RESOLUTION USR12-0076 RANDOLPH & JUDY CASS, C/O STEVEN & CHRIS SCHULTZ PAGE 4 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) Motion seconded by Bill Hall. VOTE: For Passage Robert Grand Bill Hall Mark Lawley Nick Berryman Jason Maxey Joyce Smock Jordan Jemiola Against Passage Absent Benjamin Hansford Bret Elliott 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, Kristine Ranslem, 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 5, 2013. Dated the 5th of February, 2013. 4`nertvwninote.n, Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2013.02.07 08:40:57 -07'00' • • • 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) 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. RESOLUTION USR12-0076 RANDOLPH & JUDY CASS, CIO STEVEN & CHRIS SCHULTZ PAGE 6 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, 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 • • • RESOLUTION USR12-0076 RANDOLPH & JUDY CASS, C/O STEVEN & CHRIS SCHULTZ PAGE 7 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. C /1 (VIC 5/ 1j • • • Motion: Forward Case USR12-0067 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Robert Grand, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: USR12-0076 APPLICANT: RANDOLPH & JUDY CASS, C/O STEVEN & CHRIS SCHULTZ PLANNER: CHRIS GATHMAN 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 RECX12-0079; PART OF THE S2SE4 SECTION 20, T8N, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 14 AND APPROXIMATELY 650 FEET WEST OF CR 77. Chris Gathman, Planning Services, presented Case USR12-0076, reading the recommendation and comments into the record. Mr. Gathman noted that there are two (2) existing free-standing signs on the property that encroach into the right-of-way for State Highway 14; however in conversations with the applicant's representative he indicated that they will be relocating the signs so that they are outside of the right-of-way. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Bruce Johnson, 801 8th Street Suite 220, Greeley, Colorado, stated that he represents the current property owners and the proposed new property owners in this request. The Schultz's do not anticipate anyone requesting water for consumption. He added that he has tried to get the State Health Department to respond to Condition of Approval 1; however he has not received a formal reply. He indicated he thought he had received an email response from the State and would forward this to Weld County. With regard to the signs encroaching the right-of-way, he said that over time wind has moved one of the signs and they will move the sign back out of the right-of-way. The other sign will be rotated on the post so that it does not encroach the right of way. Mr. Johnson provided staff with a Lighting Plan as requested. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR12-0076 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Robert Grand, Seconded by Bill Hall. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. Brad Yatabe, County Attorney, requested a recess at 2:18 pm. to visit with the applicants and the planner regarding Case USR12-0074. The Chair called the meeting back to order at 2:30 pm. Feb 06 13 04:56p Diane Johnson 970-356-6110 p.1 • • A. Bruce Johnson & Associates. 801 8th Street, Suite Z 1 O Greeley, Colorado 80631 970.356.6110 Office / 970.396.8577 Cell 970.352.8761 Fax Facsimile Transmittal Sheet Date: -y 4 4 3 Number of pages: ?i To: CAri5 GetkAia,1r Company: kot 4 e V Phone #: 35-3— d/DU 35-37 Fax 4: Soy-- 6.9-9r , Re p ,y `-R 4.0/ SLUR le7 lo- 6*M "oar Comments: n .g_. it&nct' n cc�ti ' ct �i c jit -ate Q ¢(J dat t . %Qua iuiti y eta ivtosIrI Zo as e F ratIt Qs 4,,Lta-et t, 04- „, it ,ebstae. kt-ka4eatteid. eleeta _ltd-ptc, / .,f.if1-o .' Thank you, Bruce This 'utmost is intcmded only for the use oldie individual or entity to which it is addressed and nay contain information that is pnvileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering to the intended recipient, you arc hereby nutifled that any dissemination, tGstribution or copying of the communication is suici''iy prohibited. If you have received this oolnmunicahon ir. error, please notify us immediately by telephone, and return the original message to us at the address above via US Postal Service. Feb 06 13 04:56p Diane Johnson 970-356-6110 p.2 Page 1 of 1 Diane Johnson From: Kannely -CDPHE, Eta [erica.kannely®state.co.us] Sent Wednesday, February 06, 2013 2:53 PM To: abjohnson@ctos.com Subject: Public Water System Info Per ow discussion today, we only regulate public water sys r us that serve an average of 25 people, for at least 60 days per year. Based on the information you gave me, your store would not be regulated for a few reasons. 1. The store won't serve more than 25 people per day, for at least 60 days per year. 2. The customers won't have access to the water as there is no public restroom and they won't sell food, fountain drinks, coffee, ice, or anything else that is made with water. Please let me know if you have any more questions. Erica Itannely, Supervisor Compliance Assurance Section Water Quality Control Division Colorado Department of Public Health and Environment 430o Cherry Creek Drive South Denver, CO 80246-t,53o 303-692-35431 erica.kannelynatate.co,us Visit our website at: wgcdcompliance.com 2/6/2013 Hello