HomeMy WebLinkAbout20091369.tiffINVENTORY OF ITEMS FOR CONSIDERATION
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LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR-1684 Hearing Date: May 5 2009, cont
June 2, 2009
Applicant: Zapien Bothers Concrete, Inc., Post Office Box 1370, Brighton, CO 80601
Situs Address: 1884 Grace Avenue, Wattenburg, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right,
an accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District (Parking and Storage for a Concrete Company) in the A (Agricultural) Zone
District.
Legal Description: Part of NE4 of Section 25, T1 N, R67W of the 6th P.M., Weld County, CO.
Location: East of adjacent of Grace Avenue, North and South of Frederick Street, Townsite of
Wattenburg
Size of Parcel: 0.92 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Sheriffs Office, referral dated November 25, 2008
• Weld County Zoning Compliance, referral dated November 26, 2008
• State of Colorado, Division of Water Resources, referral dated December 1, 2008
• Weld County School District, RE -8, referral dated December 2, 2008
• City of Fort Lupton, referral dated December 5, 2008
• State of Colorado, Division of Wildlife, referral dated December 11, 2008
• Weld County Building Inspection, referral dated December 15, 2008
• Weld County Department of Public Works, referral dated December 22, 2008
• Greater Brighton Fire Protection District, referral dated December 24, 2008
• Weld County Department of Public Health & Environment, referral dated December 31, 2008
The Department of Planning Services' staff has not received responses from the following agencies:
• Wattenburg Improvement Association [Water]
• Kerr McGee Onshore LLP
• West Adams Soil Conservation District
• Adams County
EXHIBIT
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USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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COLORADO
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR-1684 Hearing Date: May 5 2009, cont
June 2, 2009
Applicant: Zapien Bothers Concrete, Inc., Post Office Box 1370, Brighton, CO 80601
Situs Address: 1884 Grace Avenue, Wattenburg, CO 80621
Request:
A Site Specific Development Plan and a Special Review Permit for a Use by Right,
an accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District (Parking and Storage for a Concrete Company) in the A (Agricultural) Zone
District.
Legal Description: Part of NE4 of Section 25, T1 N, R67W of the 6th P.M., Weld County, CO.
Location: East of adjacent of Grace Avenue, North and South of Frederick Street, Townsite of
Wattenburg
Size of Parcel: 0.92 +/- acres
Parcel Number: 1469-25-1-00-004
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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 22-2-150D.A Goal 4 states:
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Development Standards
and Conditions of Approval will ensure that the proposed use will be compatible with the
vicinity. The surrounding property is permitted for mineral resource extraction to the East
and South [AmUSR-421 Asphalt Paving; USR-1350 Aggregate Industries]; to the West is the
Townsite of Wattenburg with several residences in close proximity, and North of CR 6 are
lands in utilized for agricultural uses. Section 23-2-240.A.10 of the Weld County Code
states "...that buffering or screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use is compatible with the
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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surrounding uses." As a Condition of Approval the applicant will be required to screen the
use from adjacent properties and rights -of -way.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone District (Parking and Storage
for a Concrete Company) in the A (Agricultural) Zone District. The property is currently in
violation (ZCV07-01039) due to the storage and operation of a commercial business and
equipment storage without first obtaining the necessary land use permits. If this application
is approved the violation will be corrected. If this application is denied the commercial
business and equipment storage shall be immediately removed from the property; otherwise,
the violation case will proceed accordingly.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site currently has a concrete block structure and perimeter
fencing on the property. The surrounding property is primarily agricultural in nature with a
several homes located in close proximity. There are thirty-seven property owners on fifty-
two parcels within 500 feet of the property. Conditions of Approval and Development
Standards will ensure compatibility with the surrounding area.
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 located within three miles of the City of Fort Lupton and Adams
County. The City of Fort Lupton responded in their referral indicating no conflicts with their
interests, Adams County did not respond.
E. Section 23-2-220.A.5 -- The site does lie within several Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
The facility is encumbered by floodplain and is in a Special Flood Hazard Area (SFHA) as
determined by the Federal Emergency Management Agency (FEMA).
F. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), 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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a detailed sign plan in compliance with Chapter 23 Division 2 of
the Weld County Code to the Weld County Department of Planning Services for review and
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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approval. (Department of Planning Services)
B. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has been
made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be
delineated on the plat in accordance with the State requirements as an attempt to mitigate
concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the Greater Brighton Fire
Protection District, as stated in the referral response dated December 24, 2008. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referral response dated December 22, 2008. Including but
not limited to off-street parking, circulation and the facility location within a floodplain.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
The applicant shall address the requirements (concerns) of the Weld County Department of
Public Health and Environment, as stated in the referral response dated December 31,
2008. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
The applicant shall address the requirements (concerns) of the Weld County Department
Building Inspection, referral dated December 15, 2008. Including but not limited submitted a
building permit for a change of use for the existing pole barn on site. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in compliance
with Section 23-2-250. B.7 of the Weld County Code. (Department of Planning Services)
H. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
In the event the applicant intends to utilize the existing septic system, for 14 people, the
septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the
systems ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed the
system shall be brought into compliance with current Regulations. Evidence of approval
from the Department of Public Health and Environment shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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J. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle
washing areas shall capture all effluent and prevent discharges from the washing of vehicles
in accordance with the Rules and Regulations of the Water Quality Control Commission, and
the Environmental Protection Agency. Vehicle washing areas should be designated on the
plat. Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
K. Evidence shall be provided to Environmental Health Services, Weld County Department of
Public Health & Environment, that the existing floor drain has been disconnected and will not
be utilized. Evidence of approval from the Department of Public Health and Environment
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
L. Documentation shall be provided to Environmental Health Services, Weld County
Department of Public Health & Environment from Wattenberg Improvement Association
which indicates water service is available for the business. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
M. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. Evidence
of approval from the Department of Public Health and Environment shall be submitted to the
Department of Planning Services. The plan shall include at a minimum, the following:
A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
N. The applicant shall submit a Landscape and Screening Plan for the site. The plan shall
include the method of screening the form storage area, the concrete blanket storage area,
and trailer parking from adjacent properties and future rights -of -way. The applicant shall
maintain compliance with Section 23-2-250.B.7 of the Weld County Code at all times.
(Department of Planning Services)
Q. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Department of Planning Services)
P. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1684 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall delineate any signs in compliance with Division 2 of the Weld County
Code. (Department of Planning Services)
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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4. Grace Avenue and Frederick Street are designated on the County Road
Classification Plan as a local paved road. The future and existing right of way
including the documentation creating them shall be delineated on the plat. These
roads are maintained by Weld County. (Department of Public Works)
5. Should exterior lighting be a part of this facility, all light standards shall be delineated
on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County
Code. (Department of Planning Services)
6. The applicant shall provide a parking plan that designates parking spots for
employees, customers, and business/delivery trucks. The parking locations shall
be dimensioned and shown according to Section 23-2-260 of the Weld County
Code. (Department of Planning Services)
7. The Department of Planning Services has determined from the application materials
that fourteen (14) parking spaces and one (1) ADA parking spaces will be required
on site. Each parking space should be equipped with wheel guards where needed
to prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, sidewalks, or plantings
(Department of Planning Services)
8. The approved Landscape and Screening Plan. (Department of Planning Services)
9. 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. The location and type of surfacing material shall be delineated on the
plat. (Department of Planning Services)
T. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above 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 thirty (30) 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. 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 mapsco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall provide a written sign -off from the Greater Brighton Fire Protection
District to the Department of Building Inspection. (Department of Building Inspection)
B. The applicant shall provide a written sign -off from the Department of Public Works indicating
that the Flood Hazard Development Permit for this facility has been approved and all
conditions met to their satisfaction. (Department of Public Works)
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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5. 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)
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Zapien Brothers Concrete Inc.
USR-1684
1. A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory
use, or a Use by Special Review in the Commercial or Industrial Zone District (Parking and Storage
for a Concrete Company) in the A (Agricultural) Zone District and subject to the Development
Standards stated hereon. (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. 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)
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)
5. 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)
6. The facility shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
The facility shall be operated in accordance with approved "dust abatement plan' at all times.
(Department of Public Health and Environment)
8. Any vehicle washing area(s) shall capture all effluent and prevent discharges in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a
safe manner in accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. 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)
12. 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)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purpose.
(Department of Public Health and Environment)
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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• 14. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Division of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
16. A plan review shall be approved and a permit issued prior to the start of construction. (Department
of Building Inspection)
17. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
18. A letter of approval shall be provided to the Department of Building Inspection from the Greater
Brighton Fire Protection District prior to construction of any structure. (Department of Building
Inspection)
19. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
• 20. 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 Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
21. The hours of operation are 7:00am to 6:00pm seven days a week. (Department of Planning
Services)
22. The site shall not have more then thirteen (13) employees on site at any given time. (Department of
Planning Services)
23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
24. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
25. The landscape and screening on site shall be maintained in accordance with the approved
Landscaping and Screening Plan. (Department of Planning Services)
26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
27. The property owner or operator shall be responsible for complying with the Design Standards of
• Section 23-2-240, Weld County Code. (Department of Planning Services)
USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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28. The property owner or operator shall be responsible for complying with the Operation Standards of
IIISection 23-2-250, Weld County Code. (Department of Planning Services)
29. Engine brake mufflers required for all vehicles associated with this facility. (Department of Planning
Services)
30. Personnel from the Weld County Government 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. (Department of
Planning Services)
31. The applicant or successor shall be in compliance with the Flood Hazard Development Permit at all
times. (Department of Planning Services)
32. 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.
33. 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. (Department of
Planning Services)
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USR-1684 ZAPIEN BROTHERS CONCRETE, INC
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NING CES
DEPARTMENT OF PLAN NORTH OFFICE
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918 10T" Street
GREELEY, CO 80631
PHONE: (970) 353-Ext. 3540
FAX: (970) 304-6498
NU.
COLORADO
April 9, 2009
Zapien Brothers Concrete, Inc.
c/o Joel Zapien
PO Box 1370
Brighton CO 80601 y Special Review Permit for a Use Permitted as cial Right, an Accessory Use, or a Use by Special Review ithe
mer ialsor r Industrial
arZone
Subject: USR-1684- A Site Specific Development Plan and Use bn the A (Agricultural)
of
a sri by 9
land des (parking and NEEstorage
a concrete ,TI, R67W o)
land described as Part NE4 Section 25, TIN, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants: This meeting will
I have scheduled a meeting with the Weld County Planning Commission on May 5, 2009, at 1:30 p.m.
take place in the Hearing Room, Weld County Planning DepartmenCoady. AWeldt, 91810'" Street, Greeley, Colorado. A subsequent
hearing will be held on May 20, 2009 at 10:00 a.m., in the Chambers of the Board of CountyCommissioners,
Countyor, the ePlanning Colorado. Commission It is sire members eothat you o of and/or oa
Centennial Center, 915 10'" Street, First Floor, Greeley, It recommended a
representative be in attendance to answer any questions
Commissioners may have.
hearing. The applicant needs to provide the Weld County Planning Department with
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
the above requirement has been met. a minimum ten days prior to the
A written epcertification indicating m of identifies the hearingt
publicly maintained road right-of-wayone sign
tire, date, and location. rom Department the property ert Services
n'ot adjacent to to publiclyto the pmaintained road
aat right-of-way, the one n
hearing to post a sign adjacent to and visible from a P and a second sign posted at the point
time, dposed itIn the t ltac onthe
(acesve inter most publicly place on dproperty to the Weld County
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
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BOARD OF COUNTY COMMISSIONERS' AND PLANNING
COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MAY 22, 2009 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL
REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN
THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A
PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSION AND BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT (PARKING AND STORAGE FOR A CONCRETE
COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
STATE OF COLORADO
) ss.
COUNTY OF WELD
KIM OGLE
Name of Person Posting Sign
I"
Signature of Person Posting Sign
LIThe foregoing instrument was subscribed and sworn to me this day of 1_ tC ,(
2008. WITNESS my hand and official seal.
Notary Public
My Commission Expires: if
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PLANNING COMMISSIONERS ANDBOARD OF COUNTY
COMMISSIONERS SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 24, 2008 AND MAY 15, 2008
RESPECTIVELY, THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE
FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE
PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO
A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF
PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE
ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE
DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEAR AND THE BOARD OF COMMISSIONERS HEARING FOR A
SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A
USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (PARKING AND STORAGE FOR A
CONCRETE COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
KIM OGLE
Nrne of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this,: / day of
2008. WITNESS my hand and official seal
Notary Public
My Commission Expires: L/PCI J
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HELD CHECK
Inspection Date: April 23, 2009
Case Number:
USR-1684 Hearing Date: May 5 2009
Applicant: Joel Zapien; Zapien Bothers Concrete, Inc., PO Box 1370, Brighton, CO 80601
Situs Address: 1884 Grace Avenue, Wattenburg, CO 80621
Request:
A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Commercial or
Industrial Zone District (Parking and Storage for a Concrete Company) in the A
(Agricultural) Zone District.
Legal Description: Part of NE4 of Section 25, Ti N, R67W of the 61h P.M., Weld County, CO.
Location: East of adjacent of Grace Avenue, North and South of Frederick Street, Townsite
of Wattenburg
Size of Parcel:
0.92 +/- acres
Zoning
Land Use
N
Agricultural
N
Residential - Wattenburg
E
Agricultural
E
AmUSR-421 Asphalt Paving
S
Agricultural
S
Residential - Wattenburg
W
Agricultural
W
Residential - Wattenburg
Comments:
The property is located to the east of the Wattenburg Townsite on lands that formerly were utilized for a
commercial insulation business. Prior to this use at one time the building was utilized as a pickle plant.
The single story concrete block structure is constructed lower to the existing road grade. There are a roll -
up door and a man door fronting onto Grace Avenue. Two hawthorn trees south of the roll -up door
provide vertical height with the remainder of the property frontage comprised of gravel parking. There is a
sidewalk adjacent to the building. To the north of the structure is an access road that is graveled and
graded. A concrete pad approximately 15 feet each side of the 10 foot in height metal swing gate
secures the rear area of the parcel and is utilized for the parking of trucks, trailers and other equipment
associated with the construction trade. The rear parking area is screened on all sides with a flat metal
material. Visual inspection did not identify any exterior lighting. Grace Avenue is a paved road without
sidewalks. It is wide with numerous personal vehicles parked out of the area for traffic flow. Utilities are
present
Signatu
Site Distance — good, turning radius into and out of the property for large vehicles may be an issue
Access to Property — graveled and graded, good width on road
Note any commercial business/commercial vehicles that are operating from the site.
The property is currently in violation (ZCV07-01039) due to the storage and operation of a commercial
business and equipment storage without first obtaining the necessary land use permits
COLORADO
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Weld County Planning Department
GREELEY OFFICE
February 12, 2009
Fun 1 2 200a
RECEIVED
Zapien Brothers Concrete Inc.
CIO Joel Zapien
1884 Grace Ave
Fort Lupton, CO 80621
PUBLIC WORKS DEPARTMENT -'
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
Re: Flood Hazard Development Permit application (FHDP-544) — Vehicle and Equipment
Storage
Dear Mr. Zapien,
The Weld County Public Works Department, Planning Services, Building Inspection
Department, and Environmental Health Services have reviewed the requested Flood Hazard
Development Permit (FHDP) application for the vehicle and equipment storage. The current
FHDP application can be conditionally approved upon the approval of the USR
application by the Board of County Commissioners and based on the comments and
requirements below.
COMMENTS
Applicant: Zapien Brothers Concrete
C/O Joel Zapien
1884 Grace Ave
Fort Lupton, CO 80621
Request: Flood Hazard Development Permit number 544 for vehicle and equipment
in the South Platte River floodplain
Legal Description: Part of the N1/2 of the NE1/4, Section 25, T1 N, R67W, 6th P.M., Weld
County, Colorado.
Location: East of and adjacent to Grace Avenue, North and South of Fredrick
Street, Townsite of Wattenburg
FIRM Community
Panel Map No. 080266-0983C, September 28, 1982
Parcel Number: 1469-25-1-00-004
Paec 1 of4 February 12. 2009
M:\PLANNING - DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permi.V544 Zapien Bros Concrete'FHDP-544 Zapien Brothers Concrete Conditional Pporoval 2-12-09.doc
Department of Planning Services
The Assessor's records indicate that there are improvements located onsite, including a
storage warehouse structure constructed in 1910. This commercial structure is the lone
structural improvement on site.
Currently this property is also under review for a Site Specific Development Plan and a Special
Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete Company) in the A
(Agricultural) Zone District, USR-1684.
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Building Department
There are no new structures proposed. The Building Department has reviewed the request
and finds no conflicts with their interest.
Public Works Department
An incomplete FHDP was submitted to and received by Weld County for review on November
17, 2008, by Joel Zapien, applicant. The application was returned for more information on
November 18, 2008. On January 14, 2009 a complete FHDP application was submitted to and
received by Weld Count for review. The application was referred to Planning Services,
Building Inspections, and Environmental Health Services on January 14, 2009.
The FHDP application was submitted in support of USR-1684 for vehicle and equipment
storage on Parcel 1469-25-1-00-004, located at 1884 Grace Avenue in a portion of the N1/2 of
the NE1/4 of section 25, T1 N, R67W, 6th Principal Meridian. The existing building is located in
the South Platte River Special Flood Hazard Area (SFHA), also known as the 100 -year
floodplain. The entire parcel is designated as Zone A on Flood Insurance Rate Map (FIRM)
Panel 080266-0983C. This Zone A designation indicates there is no published base flood
elevation (BFE) for the South Platte River floodplain on the current effective FIRM dated
September 28, 1982. All FIRMs are prepared, distributed, managed, and revised by the
Federal Emergency Management Agency (FEMA).
The application for USR-1684 was review concurrently with this FHDP application. According
to information provided in the USR application, vehicles to be stored onsite include 25 foot
dump trucks, 25 foot tractor trailers, and pickup trucks that range from 12 to 18 foot in length.
The equipment to be stored onsite includes concrete forms, concrete blankets, and tools. The
USR application indicates that a total of 14 people will utilize the property.
The FHDP application includes the following documentation:
1. FHDP Application (Page 6)
2. Statement by Ken Hickey, P.E. #7917
3. Scaled hand drawing showing the proposed parking and storage areas
The following documentation was added to the FHDP case file:
1. Copy of the current effective FIRM map (FIRMette), Panel 080266-0983C, with an
approximate delineation of the limits of the Applicants' site
Page 2 of 4 February 12, 2009
M \PLANNING - DEVELOPMENT REVIEW \FHDP-Flood Hazard Develooment Permit\544 Zapien Bros Concrete\FHDP-544 Zapien Brothers Concrete Conditional Approval 2 -12 -ON 30C
2. Copy of a GIS map showing the approximate locations of the applicant's property in
relation to the South Platte River floodplain as delineated in the City of Aurora's Prairie
Waters Model
3. Profiles for cross sections 550 and 555 from the Prairie Waters Model
4. Copy of a portion of the Prairie Waters floodplain map from FHDP-530 which shows the
BFE for this property
5. Copy of the USR Application Questionnaire for USR-1684
The BFE for this FHDP application was obtained by interpolating the water surface elevation
between cross sections 550 and 555 in the Prairie Waters Model. According to Prairie Waters
Model, the BFE for this site is approximately 4938.3 feet-NAVD. When converted to the 1929
vertical datum (NGVD) the BFE is approximately 4935.4 ft-NGVD.
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Environmental Health Services
Environmental Health Services has reviewed this proposal. The application indicates this
request is for outdoor storage of vehicles and equipment. Upon review of our records for the
identified parcel number, there is an existing septic system (permit G-19780397) associated
with the parcel. The septic system serves the warehouse addressed as 1884 Grace Ave. and
was installed in 1979.
As there are no new water wells or septic systems that will be located in the floodway or
floodplain, this department has no concern with this request.
REQUIREMENTS:
Department of Planning Services
1. All vehicles located on the property must be operational with current license plates or be
removed from the property. All other items considered to be part of a non-commercial
junkyard must also be removed from the property.
2. Short and long term parking of non -operational vehicles in the 100 -year floodplain is not
permitted due to this location. Parking of vehicles, storage of vehicles or materials in
the Floodway is prohibited.
3. The Department of Planning Services requests documentation stating that the existing
access, parking area, and all physical encumbrances associated with the existing
building will not impede floodwaters or cause material damage to structures
downstream during a flood event.
4. Installation of utilities shall comply with the conditions listed in the Flood Hazard
Development Permit Certificate. The installation of any septic system within the 100 -
year floodplain shall comply with the Weld County I.S.D.S. floodplain policy. In
accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed
within the Floodway.
5. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located.
6. Any future structures or uses on site must obtain the appropriate zoning and building
permits.
I'a_ee 3 of February 12. 2000
M'.\PLANNING- DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit\544 Zapiert. Bros Concrete \FHDP-544 Zapien Brothers Concrete Conditional Aporova 2 12 OS do
•
Public Works Department
1. The FHDP is only for the storage of vehicles and equipment. Vehicles and equipment
shall be parked parallel to the direction of flow within the floodplain.
2. Outdoor storage of floatable materials is not allowed in the 100 -year floodplain. NOTE:
Concrete blankets are considered floatable materials.
3. No fueling or storage of hazardous materials is allowed in the 100 -year floodplain.
4. No new fencing or screening which will block flood flows within the 100 -year floodplain
will be allowed.
5. Any future proposed development activities on this parcel that fall within the 100 -year
floodplain shall not cause a rise in the BFE of 4935.4 NGVD on adjacent or upstream
properties or structures, as required by Item 6 of the Floodplain Management Standards
(Page 4 of the Weld County FHDP application instructions).
6. Any future activities that may cause adverse flooding impacts must be approved
through an amended flood hazard development permit (AmFHDP).
7. Any fill material or stockpiles including but not limited to sand, gravel, and concrete in
the floodplain must be designed to withstand the erosional forces associated with the
100 -year storm, as required under Item 8 of the Floodplain Management Standards on
Page 4 of the Weld County FHDP application instructions.
8. If the existing structure is remodeled an amended FHDP will be required. Furthermore,
the structure may be considered substantially improved and may have to be brought
into compliance with current floodplain regulations.
RECOMMENDATIONS:
• The Weld County Public Works Department can conditionally approve this FHDP application
upon the approval of the USR application by the Board of County Commissioners.
•
Sincerely,
Clay Kimmi, P.E., C.F.M.
Weld County Public Works
Original:
CC to File:
PC by Post:
Joel Zapien, Applicant
FHDP-544
USR-1684
Ken Hickey, Applicant's Engineer
Kim Ogle, Planning Services
Frank Piacentino, Building inspections
Lauren Light, Environmental Health
Lin Dodge, Planning Services
Page 4 of 4 February 12. 2000
M: PLANNING — DEVELOPMENT REVIEW\FHDP-Food Hazard Development Permit\544 Zapten Bros Concrete\FHDP-544 Zapien Bro:ners Concrete Conditional Approval 2.12-09 (tot.
January 2, 2009
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DEPARTMENT OF PLANNING SERVICES
GREELEY PLANNING OFFICE
918 10TH Street
GREELEY, CO 80631
kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
Zapien Brothers Concrete, Inc.
do Joel Zapien
PO Box 1370
Brighton CO 80601
Subject: USR-1684, Referral Comments received for Request for a Site Specific Development
Plan and a Use by Special Review Permit for a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone District (Parking and Storage for
a Concrete Company) in the A (Agricultural) Zone District on a parcel of land described
as Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County, Colorado.
Dear Joel:
Please find attached the referral comments received to date for the proposed Parking and Storage
for a Concrete Company land use application. Review the documents contained herein; and after
your initial review, please contact this office for review and discussion.
Once the concerns and requirements of the referral agencies have been met or the applicant has
shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be
scheduled.
If you have any questions concerning this application, please call, my points of contact are listed in
the masthead. Thank you.
Respectfully,
Kim Ogle
Planner
File: USR-1684
• •
November 25, 2008
•
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DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Zapien Brothers Concrete, Inc.
c/o Joel Zapien
PO Box 1370
Brighton CO 80601
Subject: USR-1684- Request for a Site Specific Development Plan and a Use by Special Review Permit
for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone District (Parking and Storage for a Concrete Company) in the A (Agricultural) Zone District
on a parcel of land described as Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will schedule
a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown an
attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton Planning Commission
for their review and comments. Please call Ft. Lupton at 303-857-6694 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Ft. Lupton Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
If you have any questions concerning this application, please call.
Respectfully,
4
Kim O
Planner
tAssQ-llosq
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10.
11`k
COLORADO
MEMORANDUM
TO: PA08-093; Case File, pre -application
DATE: October 31, 2008
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre -Application Meeting prior to submitting USR
Attendees:
Joel Zapien, Applicant
Don Dunker, Public Works
Lauren Light, Environmental Health (via phone)
Bethany Salzman, Zoning Compliance
Kim Ogle, Planning
Chris Gathman, Planning
On Friday, October 31, 2008 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding a proposed USR. (The legal description is part of the NE4
Section 25, Township 1 North, Range 67 West of the 6th P.M.; Situs Address is 1884 Grace Av,
Ft. Lupton)
Background Information:
Applicant is currently operating a concrete business on this property. This property is currently in
violation and scheduled for hearing on November 5, 2008.
The site is located entirely in a floodplain and encumbers approximately 0.92 acres.
The business has approximately 10 employees which come to the site in the morning, park their
vehicles and leave in a company vehicle. Upon returning at the end of the day, the employees
park the company vehicles and leave with their personal vehicles.
There is a warehouse on site for storing lumber/forms as well as for general storage. There are
currently two (2) bathrooms located inside the warehouse. The applicant indicated that the
warehouse was built in the 1800s. There is no vehicle maintenance performed on site.
Outside storage consists of 8 dump trucks, 2 tractor trailers with skid loaders on the trailers. The
property currently has a wooden privacy fence.
Zoning Compliance
Salzman alerted the applicants that the neighborhood strongly opposes the application;
therefore staff may have to recommend denial for this application. The biggest concern is
compatibility with the area. The applicant indicated that he wishes to proceed with the
application.
Salzman stressed that the applicant needs to submit the USR application as soon as possible
since the violation has already been forwarded to the County Attorney's office. The next
scheduled hearing for this case is on Nov. 5th in District Court. The applicaation must be
submitted or the applicant may be required to cease all operations. If operations are ceased, the
•
•
•
court case will remain open to ensure that no operation of the business will continue. The
applicant indicated that they are aware of the options.
Health
Water is serviced by the town of Wattenburg. Upon research of files, there is a septic system on
site for up to 13 employees (G19780397).
Health indicated that there should not be a concern with emissions as the applicant is not mixing
any materials on site.
The applicant will need to submit a Waste Handling Plan as well as provide regular trash pickup
service.
Public Works
Access is from Grace Avenue. The applicant indicated that he will not be granted access from
the back of the property.
The applicant will need to submit a site plan identifying all parking areas. The applicant
indicated that with 10 employees there would be a total of 20 truck trips per day. Public Works
stated that the radius for the type of vehicles used would be at 55 feet at the access point.
Due to the site being located within a FEMA floodplain the applicant will need to submit a Flood
Hazard Development Permit. The applicant was directed to talk to Clay Kimmi with Public
Works for further instructions. The wooden privacy fence that surrounds the property will need
to be addressed.
No Preliminary Drainage Report or Geotechnical report will be required from the Public Works
Department.
Planning
The applicant indicated that there is lighting which is on sensors above the doors, but only
shines on the property and not to surrounding neighbors.
There are oil and gas services in close proximity to site. The applicant was informed to obtain a
MOU from the oil and gas companies.
Staff explained the USR process - that the applicant shall submit 4 packets for our 7 day
completeness review. Once the 7 day completeness review is complete the applicant will be
informed of what items are still required to make the applicant complete. After the completed
application is submitted it will be sent out for referral for 28 days. The applicant will then meet
with their Planner to discuss the referrals and address as many of the referrals as possible. At
the meeting the Planning Commission hearing will be scheduled. The Board of County
Commissioners hearing typically follows approximately 3 weeks after the Planning Commission
hearing.
After some further discussion, to expedite the process as it is scheduled for hearing on Nov. 5th,
the Planning Department will perform a completeness check rather than following the 7 -day
completeness review period.
End memorandum.
7-4 Recto
WELD COUNTY PUBLIC WORKS ///zz'/8
Lc�.wCirk er„y447 /v e >x.-eued-052 124t-Zr r 170,-4-
54;46e" cf . r.. (l.r22/ 3 — &fi EX. 37th
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Pre -Application Meeting Check List:
• USR X SPR PUD
Minor Sub
> Site Plan: / s ,w stc 527, kifia-weiAreav?1/ � .�iw� / .5/ 164., ¢ srb&
wry 7• < is �� t p.&.& 7 Byu„ter POlekter
.
> Traffic Study, if required: Ala, tof b4 c 7,a7 Z.,eine-
d/2 rUmc T� r/r;` ze0L- .8 ley z -a l (co i.c.t,GEi S.'Cv,¢tx,,
> Preliminary Drainage Report: -4.
> Geotechnical Soil Report: Zr ,c �'vy zaac2,
Flood Hazard Development Peiniit buo,mss gii/4 ,5 w,ry„L;
F m4 ,2e6-vtArCa Ar Fcav 1)446`
?rt7 C'lt A.,.en'-•x aJ i0,4-6ylL,
u- Vefriaer SL4L<- Pie- ernAa2 "-Sac i-LtCc i.,,fl /Qttaa rA0 -s No•_ n VS,a.
> Other:
)iLDI6 4 Butz 4 at /9CLD J U "Z4 4700 ss
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Attachment:
alatitnrawS
f moPlegir Colt0
Wtb4a.. &haft F ,A& ,°
wit' tit) e- teal' 1w/asNR°- Thin,
➢ Weld County Road Access Infoiniation Sheet
➢ Public Works Development Review Fee Invoice Sheet
➢ Preliminary Drainage Report Outline
➢ Final Drainage Report Outline
➢ Scope of Work for Traffic Impact Study
M'.\PLANNING - DEVELOPMENT REVIEW\FORMS\PrcAppllcationMecongCheckLlst. doc
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OCT-27-2008 NON 10:17 AN WELD COUNTY PLANNING
FAX NO. SRI 904 b4U8
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