HomeMy WebLinkAbout20022550.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1397 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPING
MATERIALS YARD, ALONG WITH SNOW PLOWING, TREE SERVICE, AND
FIREWOOD BUSINESS) IN THE A(AGRICULTURAL) ZONE DISTRICT - LUISA
RAMOS AND EILEEN SCARZELLO
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 9th day of
October, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Luisa Ramos and Eileen Scarzello, 33140 Weld County Road 33,
Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review
Permit#1397 for a Business Permitted as a Use by Right or Accessory Use in the Commercial
Zone District (landscaping materials yard, along with snow plowing, tree service, and firewood
business) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption #1162; being part of
the SW1/4 SW1/4 of Section 14, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Bob Scarzello 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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-150 B.1 (C.Goal 2) states, "ensure the compatibility of
commercial land uses with adjacent land uses. Conditions have been
included to ensure the site does not have an adverse impact on the
surrounding properties.
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SPECIAL REVIEW PERMIT#1397 - LUISA RAMOS AND EILEEN SCARZELLO
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b. Section 23-2-230.B.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 business permitted as a Use by Right or Accessory
Use in the Commercial Zone District as a Use by Special Review in the
A (Agricultural)Zone District.
c. Section 23-2-230.6.3 --The uses which will be permitted will be
compatible with the existing surrounding land uses. North of the site are
agricultural fields with a home within one-half mile. An existing feedlot is
one-quarter mile west of the site. South and east of the site are small
acreage residential lots. The west property line adjacent to Weld County
Road 33 is screened by a wall and landscaping. The Conditions of
Approval and Development Standards ensure that the storage and
parking areas are adequately screened from the adjacent properties.
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 site lies within the three-mile referral area for
the Town of Eaton and the City of Greeley. The Town of Eaton indicated,
in a referral response received July 31, 2002, that the proposal does not
conflict with its interests. In a referral response dated August 12, 2002,
the City of Greeley recommended denial of the request. The City has
recommended conditions that its wishes to see implemented, should the
proposal be approved. Planning Staff has incorporated many of the City's
recommendations into staff comments.
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
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed site is designated "Prime" by the U.S.D.A.
Soil Conservation Services. However, the small size of the lot limits its
agricultural value.
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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT#1397 - LUISA RAMOS AND EILEEN SCARZELLO
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Luisa Ramos and Eileen Scarzello for a Site
Specific Development Plan and Use by Special Review Permit#1397 for a Business Permitted
as a Use by Right or Accessory Use in the Commercial Zone District (landscaping materials
yard, along with snow plowing, tree service, and firewood business) in the A (Agricultural) Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1397.
B. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment, for approval prior to operation. Evidence of submittal
shall be provided to the Weld County Department of Planning Services.
C. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for
the shop building(s). Any existing septic system(s)which is not currently
permitted through the Weld County Department of Public Health and
Environment will require an Individual Sewage Disposal System (I.S.D.S.)
evaluation prior to the issuance of the required septic permit(s). In the
event the system(s) is found to be inadequate, the system(s) must be
brought into compliance with current I.S.D.S. Regulations. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
D. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
2) 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).
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SPECIAL REVIEW PERMIT#1397 - LUISA RAMOS AND EILEEN SCARZELLO
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E. The applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall address the following:
1) In order to mitigate the potential negative impact and aesthetic
concerns on surrounding properties, the applicant shall delineate
an opaque visual screen on all sides of the property to completely
screen all materials stored on the site.
2) Section 23-3-250.A.6 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 scattered trash from wind or animals.
3) Section 23-3-250.6 addresses operation standards for
Commercial uses. The applicant shall address the issue of
on-site lighting, including security lighting, if applicable.
Subsection F states, "any lighting ... shall be designed, located
and operated in such a manner as to meet the following
standards: sources of light shall be shielded so that beams or rays
of light will not shine directly onto adjacent properties...."
4) The applicant has not delineated any on-site sign(s). If an on-site
sign(s) is desired, the signs shall adhere to Sections 23-4-90.A
and 23-4-90.B of the Weld County Code. One identification sign
per principal use shall be allowed, provided that the sign does not
exceed sixteen (16) square feet in area per face. Further, the
location of the sign, if applicable, shall be delineated on the
Landscape/Site Plan.
F. The applicant shall complete all proposed screening/landscaping or enter
into an Improvements Agreement According to Policy Regarding
Collateral for Improvements and post adequate collateral for all screening
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 Use by Special Review plat.
G. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
H. Should the north access be located upon the adjacent property the
applicant shall enter into an access agreement allowing the use of the
north access or use the existing residential access.
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SPECIAL REVIEW PERMIT#1397 - LUISA RAMOS AND EILEEN SCARZELLO
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I. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
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,
Arcinfo 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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: e/ t f/ /j„+ a EXCUSED DATE OF SIGNING AYE
,} G -n Vaad, Ch
Weld County Clerk to t t B. - : a3()VW
A'
Tf"i ,_ Davi. E. Lo Pro-Te"
BY: 6' !i�:�1 t i _�
Deputy Clerk to the Boa:fir ��/_�`✓
M. J. eeile
Ap-PFD AS T R ®J, / l'/f„�
William H. Jerke
n tt ney EXCUSED
Robert D. Masden
Date of signature: d15
2002-2550
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LUISA RAMOS AND EILEEN SCARZELLO
USR#1397
1. The Site Specific Development Plan and Use by Special Use Permit #1397 is for a
Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping materials yard,along with snow plowing,tree service,and firewood business)
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. 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.
4. 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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 25-12-103, C.R.S.
8. The facility shall utilize the existing public water supply.
9. A spillage retention berm shall be required around any container with a volume greater than
50 gallons. The volume retained by the spillage berm should be greater than the volume
of the largest tank inside the berm.
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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14. The compost piles shall not be allowed to exist or deteriorate to a condition that facilitates
excessive odors, flies, or pollutant runoff. Runoff from the compost piles shall be confined
to the site.
15. No more than 75 cubic yards of compost shall be stored on the site.
16. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
18. The site shall be used for storage of equipment, firewood, and landscape material. No
equipment or vehicle washing or major repair of equipment and/or vehicles shall be
conducted on the site.
19. Material piles shall not exceed the height of the opaque screening.
20. The screening and landscaping on site shall be maintained in accordance with the
approved Landscape/Screening Plan.
21. The Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
22. No wood chipping shall be conducted on site.
23. A Building Permit shall be obtained prior to the construction of any building.
24. A Plan Review is required for each building for which a Building Permit is required. Except
for simple pole type structures, plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit.
25. Buildings shall conform to the requirements of the various codes adopted at the time of the
permit application. Currently the following has been adopted by Weld County: 1997
Uniform Building Code (UBC), 1998 International Mechanical Code (IMC), 1997
International Plumbing Code (IPC), 1999 National Electrical Code (NEC), and Chapter 29
of the Weld County Code.
26. Except for pole type structures, each building will require an engineered foundation based
on a site-specific geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado registered
engineer.
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27. Existing shop buildings will probably be classified as type S-1 storage buildings with an
accessory office. The storage buildings must be separated from residential buildings by
a minimum of 20 feet or must have walls constructed with one-hour fire resistive
construction. Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
28. Building height shall be measured in accordance with the 1997 Uniform 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 27 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. Offset and setback requirements are measured to the farthest
projection from the building.
29. No retail sales shall be allowed on the site.
30. Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday thru Saturday, with the
exception of snow removal equipment which shall be allowed to operate 24 hours per day,
seven days a week in inclement weather.
31. All maintenance work performed on equipment which would disturb adjacent property
owners (such as work with air driven tools) shall be performed within the shop.
32. The off-street parking spaces and access drive shall be surfaced with gravel, asphalt,
concrete, or the equivalent. It shall be graded to prevent drainage problems.
33. Storage of recreational vehicles shall not be part of the business.
34. The identification sign located adjacent to Weld County Road 33 will not be required to
meet building setbacks from the road right-of-way.
35. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
37. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
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38. 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.
39. 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.
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