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Home My WebLink About20020434.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1365 FOR EXPANSION OF AN EXISTING NON-CONFORMING USE (A DRIVE-IN RESTAURANT WITH AN EXISTING CONVENIENCE STORE - LA TIENDITA) IN THE A(AGRICULTURAL) ZONE DISTRICT - JOSE AND BENERANDA MARQUEZ WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 20th day of March, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Jose and Beneranda Marquez, 1517 North 25th Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit #1365 for an expansion of an existing non-conforming use (a drive-in restaurant with an existing convenience store - La Tiendita) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot 11, Espanola Subdivision; being part of the NW1/4 NE1/4 of Section 36, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.6 of the Weld County Code as follows: a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-2-150 (C.Goal 2) of the Weld County Code states, "Ensure the compatibility of commercial land uses with adjacent land uses." The applicants are proposing a 24-square-foot sign to be located on the roof of the premises in addition to the existing sign for"La Tiendita." The proposed sign exceeds the 16-square-foot requirement for signs in the 2002-0434 d( /22 / PI C), PL1587 SPECIAL REVIEW PERMIT#1365 - JOSE AND BENERANDA MARQUEZ PAGE 2 A (Agricultural) Zone District. To better ensure compatibility with the surrounding residential area, a Development Standard has been added to require the signage for the proposed use be 16 feet. The applicants have proposed 11 diagonal parking spaces to serve this use. A maximum of five diagonal parking spaces could be designated to serve this site without blocking existing driveways and residential parking spaces that serve this site. A further reduction in parking would result when a handicapped parking space is designated. Appendix 23-B of the Weld County Code requires a minimum of 20 spaces for drive-in restaurant establishments. The applicants are requesting a variance from this parking requirement through the Use by Special Review process. b. Section 23-2-230.6.2—The proposal is consistent with the intent of the district in which the use is located. c. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed use is located in Espanola Subdivision, which is an existing agriculturally zoned subdivision. The surrounding uses are existing single-family residences to the north, south, and west and vacant land to the west. The proposed use will be located indoors in the same facility of the existing store La Tiendita. d. Section 23-2-230.B.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 proposed use is located within the three-mile referral area for the City of Greeley. The referral dated December 26, 2001, from the City of Greeley, indicates the proposal is not consistent with the Greeley 2020 Comprehensive Plan and recommends that the request be denied due to landscaping, parking and use concerns. e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts. f. Section 23-2-230.B.6 —The applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational decision for the proposed use. g. Section 23-2-230.6.7 —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 are sufficient to ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 2002-0434 PL1587 SPECIAL REVIEW PERMIT#1365 - JOSE AND BENERANDA MARQUEZ PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Jose and Beneranda Marquez for a Site Specific Development Plan and Use by Special Review Permit#1365 for an expansion of an existing non-conforming use (a drive-in restaurant with an existing convenience store - La Tiendita) in the A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. The Use by Special Review Plat shall satisfy submittal requirements outlined in Section 23-2-260.D of the Weld County Code, including the following: a. The Use by Special Review Permit number (USR-1365) shall be indicated on the plat. b. The legal description of the property, including Section, Township, and Range, of the proposed Use by Special Review shall be indicated. c. 25th Avenue is designated on the Transportation Plan Map as a paved road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of 25th Avenue shall be delineated on the plat as right-of-way. d. The vicinity map shall be drawn at a minimum scale of one (1) inch equals 600 feet. e. The plot plan shall be revised to include the following information per Section 20-2-260.D.5 of the Weld County Code: 1) All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines. 2) Names of adjacent property owners. 2002-0434 PL1587 SPECIAL REVIEW PERMIT#1365 - JOSE AND BENERANDA MARQUEZ PAGE 4 3) The proposed parking layout shall be redesigned to eliminate parking spaces in front of existing driveways and residential parking areas. 4) American Disabilities Act (ADA or handicapped) parking (van availability) nearest to the door and the ADA route to the building. 5) The boundary of the Use by Special Review permit shall be bolded to distinguish from adjacent properties. B. Proper building permits and required fees shall be submitted for the existing store facility (La Tiendita). Building Permit#42500 (to move the store facility from the basement to the garage of 1517 25th Avenue) expired November 26, 1997, per Resolution of the Board of County Commissioners. Evidence of final inspection approval and/or a copy of a Certificate of Occupancy from the Department of Building Inspection shall be submitted to the Department of Planning Services. C. The applicants shall address the requirements or concerns of the Weld County Sheriff's Office outlined in the referral received January 29, 2002. D. A paper copy of the Use by Special Review plat shall be submitted to the Department of Planning Services for approval. 3. Prior to operation: A. The applicants shall attempt to address the requirements of the Union Colony Fire Protection District outlined in the referral received December 12, 2001. B. The applicants shall address the requirements of the Weld County Department of Building Inspection outlined in the referrals received December 12, 2001, and January 17, 2002. 4. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2002-0434 PL1587 SPECIAL REVIEW PERMIT#1365 - JOSE AND BENERANDA MARQUEZ PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of March, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, SOLO ADO ATTEST: f+� e 1y Gle Vaad, Chair Weld County Clerk to th i a . �; Q � Q t � BY: of z a `it?.! David 'ong, Pro-Tem Deputy Clerk to the Boa t . Geile APP E AS TO1O EXCUSED DATE OF SIGNING (AYE) 7t 7 illiam H. Jerke iaFity Aftorn'ey Robert . Masden Date of signature: 3�8 2002-0434 PL1587 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOSE AND BENERANDA MARQUEZ USR#1365 1. The Site Specific Development Plan and Use by Special Review Permit is for an expansion of an existing non-conforming use (a drive-in restaurant within an existing convenience store - La Tiendita) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. Hours of operation shall be from 6:00 a.m. to 6:00 p.m., Tuesday through Saturday, as stated in the application. 4. Number of employees shall be limited to the applicants and immediate family members as stated in the application. 5. Parking spaces shall meet design requirements outlined in Appendix 23-A and Section 23- 4-30 of the Weld County Code. A minimum of four (4) parking spaces, including 1 ADA parking space shall be provided. 6. Each parking space shall contain a concrete curb stop with approved parking striping. 7. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded in Section 30-20-100.5, C.R.S. 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in Section 25-12-103, C.R.S. 12. The signage for the proposed use shall be a maximum of sixteen (16) square feet to conform with the A (Agricultural) Zone District regulations. 13. Adequate toilet and handwashing facilities shall be provided for employees. 14. The facility shall utilize the existing public water supply (City of Greeley). 15. The facility shall use the existing municipal sewage treatment system (City of Greeley). 2002-0434 PL1587 DEVELOPMENT STANDARDS - JOSE AND BENERANDA MARQUEZ (USR #1365) PAGE 2 16. The applicant shall complywith Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 19. Personnel from the Weld County Departments of Public Health and Environment, Public Works,and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 20. The Use by 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. 21. 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. 2002-0434 PL1587 Hello