HomeMy WebLinkAbout20020436.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Jose & Beneranda Marquez Case Number USR-1365
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Memorandum to Planning Commission/Board of County X
Commissioners dated January 28,2002
3 Staff Comments ( 7 pages) X
4 Department of Planning Services field check form (4 pages) X
5 Planning Commissioner field check form X
6 Letter to Applicant X
7 Photograph of sign posting X
8 Legal Notifications (3 pages) X
9 Application (10 pages) X
10 Maps (2 pages) X
11 Referral List X
Referrals without comment X
Referrals with comments
12 Weld County Zoning Compliance, referral received 11/27/2001 X
13 Weld County Building Compliance, referral received 12-17-01 X
14 Weld County Department of Public Health and Environment, X
referral received 12/17/2001
15 Weld County Department of Public Works, referral received X
12/7/2001 (3 pages)
16 Weld County Department of Building Inspection, referral X
received 12/12/2001 (2 pages)
17 Weld County Department of Building Inspection, referral
received 1/17/2002
18 Union Colony Fire Authority, referral received 12/3/2001 X
19 Weld County Sheriffs Office, referral received 1/29/2002 X
20 City of Greeley, referral received 12/28/2001 (3 pages) X
21 Deed /Certificate of Conveyance (13 pages) X
22 Surrounding Property/Mineral Owners (19 pages) X
2002-0436
aSQ 1. 5
23 Utilities (2 pages) X
24 Soil Survey(3 pages) X
I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office. /��
C�YI.I la t
Chris Gathman ❖ Planner
/1
MEMORANDUM
�. TO: Planning Commissioners/Board of County Commissioners
COLORADO FROM: Chris Gathman - Planner (°. •
SUBJECT: Designation of Use and Historical Background for USR-1365
(Marquez)
DATE: January 28, 2002
Designation of Use: Commercial uses (such as restaurants) are not allowed as a Use
by Special Review in existing subdivisions within the A (Agricultural Zone District.
Restaurants (drive in or otherwise) are not allowed as a Use by Special Review for a
Home Business in the A (Agricultural) Zone District. Section 23-7-30 of the Weld
County Code allows for extension or expansion of non-conforming uses as a use by
special review.
History of Use: The proposed use is to be located within the existing "La Tiendita"
convenience/grocery store. The proposed facility would be considered an "expansion"
of this use. Written records from the Department of Planning Services indicate that the
store has existed in the Espanola subdivision since 1939. The store moved to its
present location (1517 25'h Avenue) in 1980. The Board of Adjustments allowed the
store to relocation as a special exception under case # BOA 824. The special exception
was granted provided that under no condition should the old store (at 1415 N. 25'h
Avenue) be reopened for any retail business or commercial activity. The store was
moved from the basement of 1517 25'h Avenue to the garage in 1993.
This case was brought before the Board of Adjustments in 1993 under BOA 971 to
determine whether or not this relocation of this business was considered an expansion
of a non-conforming use. The Board of Adjustments dismissed the case. Liquor
licenses for this store were renewed in 1994 and 1995. The relocation of the store in
1993 was completed without building permit inspections and the building permit expired
November 26, 1997 per a Board of County Commissioners resolution. A new building
permit application, inspections for the work completed shall be required and are a
condition of approval.
inner
es-
SERVICE,TEAMWORK,INTEGRITY,QUALITY
/1 Page 1
LAND USE SUMMARY SHEET
ION
COLORADO
Case Number: USR-1365 Hearing Date: February 5, 2002
Applicant: Jose & Beneranda Marquez Address: 1517 N. 25th Avenue
Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit 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
Legal Description: Lot 11, Espanola Subdivision, part of the NW4 NE4 Section 36, Township
6 North, Range 66 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to 25h Avenue (Weld County Road 353/4), Approx. 250 feet
south of O Street (Weld County Road 64)
Size of Parcel: +/- 5,360 square feet
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 Zoning Compliance, referral received 11/27/2001
• Weld County Building Compliance Officer, referral received 12/17/01
• Weld County Department of Public Health and Environment, referral received 12/17/2001
• Weld County Department of Public Works, referral received 12/7/2001
• Weld County Department of Building Inspection, referral received 12/12/2001
• Union Colony Fire Rescue Authority, referral received 12/3/2001
• City of Greeley, referral received 12/28/2001
• Weld County Sheriff's Offices, referral received 1/29/2002
The Department of Planning Services' staff has not received responses from the following
agencies:
West Greeley Soil Conservation District
44t4t;
SPECIAL REVIEW PERMIT
\l ADMINISTRATIVE REVIEW
wile C.
COLORADO
Planner: Chris Gathman
Case Number: USR-1365 Hearing Date: February 5, 2002
Applicant: Jose and Beneranda Marquez Address: 1517 N. 25h Avenue
Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit 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
Legal Description: Lot 11, Espanola Subdivision, part of the NW4 NE4 Section 36, Township
6 North, Range 66 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to 25th Avenue (Weld County Road 35 3/4), Approx. 250 feet
south of O Street (Weld County Road 64)
Parcel Size: +/- 5,360 square feet Parcel Number: 0805 36 103023
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-
2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has not
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 not 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 A (Agricultural) Zone District. To better ensure compatibility with the
surrounding residential area, the Department of Planning Services recommends
that the proposed sign be no larger than 16-square feet.
USR-1365(Jose& Beneranda Marquez)2
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.
The number of parking spaces to serve this use will not be adequate if a significant
customer base is generated by this business. This will generate parking conflicts
between existing residences in the Espanola subdivision and the drive-in restaurant.
Therefore, this use is not compatible with adjacent land uses. The anticipated use
of this facility is intensive enough as to be better suited and sited in a commercial
zone district. The Development Standards, Conditions of Approval and Operation
Standards cannot effectively mitigate the adverse impacts to surrounding areas
generated by the proposed use.
b. Section 23-2-220.A.3--The uses which will be permitted will not be compatible with
the existing surrounding land uses. The proposed use is located in an existing
agriculturally zoned subdivision (Espanola). 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 an existing store (La
Tiendita). Staff has concerns that the proposed parking layout will create a greater
potential for accidents with traffic turning right and left onto 25th Avenue from O
Street. Existing parking for the facility and the subdivision is currently located with
the right-of-way for 25th Avenue. The edge of the proposed diagonal parking area
is located only 250 feet from "O" Street. The applicants have room for only 5
parking spaces which could create future problems if the proposed drive-in dining
facility begins to generate many customers. This could lead to the blocking of
existing residential driveways and parking on these lots as well as adjacent lots in
the Espanola Subdivision.
c. Section 23-2-220.A.4--The uses which will be permitted will not 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 3-
mile referral area for the City of Greeley. The referral dated December 26, 2001
from the City of Greeley indicated that the proposal was not consistent with the
Greeley 2020 Comprehensive Plan and recommends that the request be denied
due to landscaping, parking and use concerns. If this application is approved, the
City of Greeley recommends intensive landscaping to screen adjacent residential
properties and minimization of exterior lighting and outdoor storage of materials.
d. 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 are not sufficient to ensure that there are
adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
USR-1365(Jose& Beneranda Marquez)3
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.
Should the Planning Commission motion to approve this application, Planning Staff
recommends the following conditions:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the 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. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The special review plat shall satisfy submittal requirements outlined in
Section 23-2-260.D of the Weld County Code, including the following:
A) The special use permit number(USR-1365)shall be indicated on the
plat.
B) The legal description, including Section,Township and Range of the
property of the proposed Use by Special Review shall be indicated.
C) 25`h 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. (Department of Public Works)
D) The vicinity map shall be drawn at a minimum scale of 1 inch = 600
feet and shall be revised to include the following information per
Section 20-2-260.D.4 of the Weld County Code:
1) The general classification and distribution of soils over the
parcel under consideration. Soil classification names and
agricultural classifications must be noted in the legend.
2) Location of all residences within a one-half-mile radius, any
abutting subdivision outlines and names,and the boundaries
of any adjacent municipality.
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.
r
USR-1365 (Jose& Beneranda Marquez)4
2) Names of adjacent property owners.
3) The proposed parking layout shall be redesigned to eliminate
parking spaces in front of existing driveways and residential
parking areas.
4) ADA (handicapped) parking (van availability) nearest to the
door and the ADA route to the building. (Department of
Planning Services)
5) The boundary of the Use by Special Review permit shall be
bolded to distinguish from adjacent properties.
6) Topography at two-foot contour intervals as determined
necessary by the Department of Planning Services.
B. Proper building permits and required fees shall be submitted for the existing
store facility (La Tiendita). Building Permit #42500 (to move store facility
from 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. (Weld County Building Code Officer)
C. The applicants shall attempt to address the requirements (concerns) of the
City of Greeley outlined in their referral received December 28, 2001. (City
of Greeley)
D. The applicants shall address the requirements (concerns) of the Weld
County Sheriffs Office outlined in their referral received January 29, 2002.
(Weld County Sheriffs Office)
E. A paper copy of the Use by Special Review plat shall be submitted to the
Department of Planning Services for approval. (Department of Planning
Services)
3. Prior to operation:
A. The applicants shall attempt to address the requirements of the Union Colony Fire
Protection District outlined in their referral received December 12, 2001. (Union
Colony Fire Protection District)
B. The applicants shall address the requirements of the Weld County Department of
Building Inspection outlined in their referrals received December 12, 2001 and
January 17, 2002. (Weld County Department of Building Inspection)
4. 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-1365 (Jose&Beneranda Marquez)5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jose & Beneranda Marquez
USR-1365
1. The Site Specific Development Plan and Special Use Permit is for an expansion of an
existing nonconforming 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. (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. Hours of operation shall be from 6:00 A.M. to 6:00 P.M. Tuesday-Saturday as stated in the
application. (Department of Planning Services)
4. Number of employees shall be limited to the applicants and immediate family members as
stated in the application. (Department of Planning Services)
5. Parking spaces shall meet design requirements outlined in Appendix 23-A and Section 23-4-
30 of the Weld County Code. (Department of Planning Services)
6. Each parking space shall contain a concrete curb stop with approved parking striping.
(Department of Public Works)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and
Environment)
8. 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. (Department of Public Health and
Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Department of Public Health
and Environment)
10. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
11. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and
Environment)
USR-1365 (Jose& Beneranda Marquez)6
12. Adequate toilet and handwashing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
13. The facility shall utilize the existing public water supply (City of Greeley). (Department of
Public Health and Environment)
14. The facility shall use the existing municipal sewage treatment system. (City of Greeley)
(Department of Public Health and Environment)
15. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. 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.
19. 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.
20. 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.
r
USR-1365(Jose& Beneranda Marquez)7
Kit
' DEPARTMENT OF PLANNING SERVICES
WE`D CPHONE (970) FAX (9 0, E04-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
November 19, 2001
Jose& Beneranda Marquez
1517 North 25th Avenue
Greeley CO 80631
Subject: USR-1365- Request for A Site Specific Development Plan and a Special Review Permit for a Restaurant,
including a Drive-In Restaurant as a Use by Right in the Commercial (C-1) Zone District in the A
(Agricultural)Zone District on a parcel of land described as Lot 11,Espanola Subdivision,being in the NW4
of the NE4of Section 36,T6N, R66 of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for February 5,2001,at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
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 Greeley Planning Commission for their review and comments. Please
call Greeley at(970)350-9780 for further details regarding the date,time,and place of this meeting. It is recommended
that you and/ora representative be in attendance at the Greeley Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum often days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time,date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
riS\\UJL
3a `7CCIL
Cthman
Planner
EXHIBIT
I
..a
CASE NO. - -"t`
NAME •- r-%._
k. REQUEST t --K-
>wu
ll
`"C R GREhE 4IISISI:
pit - ' et FPA MORE NF* ,
WELD C
w 'et' S RV!.:ES AT 1 , .1+..
•
j • l
ill Iere J,
i
e.tt:
' Li
r k
r ''' ,s 7
s„rqr
USR-1365 (Proposed Take-Out Kitchen Area)
4
ry �
% a
USR-1365 (Take Out Menu)
r
n r-,
,7.. 'b,' J f 4
M1
- °. r
_ 111 /Jr .;..= _;
�, K4"" ,1.
;%•:‘<^t-''
USR-1365 (Parking Area- Lot immediately to the south)
___ _ r z ,gi b. t ' _ ,.i!£tl .er),;., X _.
•
'Nr P" '7,--"'",.'ass'
,,q
. y
{ ,. `
USR-11365 (Storefront)
r
a
4,.‘;' ' C1
4°rr
USR-1365 (Kitchen)
. .
-bc
4 t r r _.
ce_ •
- • . .- -
USR-1365 (Parking -From North)
FIELD CHECK
CASE NUMBER: USR-1365 DATE OF INSPECTION: /a--3-O(
APPLICANT'S NAME: Alvin Garcia/Annabelle Canzona
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Restaurant, including a
Drive-In Restaurant as a Use by Right in the Commercial (C-1) Zone District in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot 11, Espanola Subdivision, being in the NW4 of the NE4of Section 36, T6N,
R66 of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to 25th Avenue and approximately 1000 feet south of WCR 64 ("O"
Street).
LAND USE:
N (jvADAcvPE CE'vf%t
E IM>us mAt- kiEM- (0Ltutc. Pit
S (1.1.5 J 0 tAnn ACC.
W (L4,5 t OC?OflA _
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
Ittfuc fncrt . IS Pint. A K.ITcttw,v /A) in Extbn&U smut .
5 RvzA-D nnrr' &- A Pttcr6U-PA. Fox. rhettwF Fork crw,y.
P.C. Member
11 EXIST
5
FIELD CHECK inspection date: 1/29/02
CASE NUMBER: USR-1365
APPLICANT: Jose & Beneranda Marquez
LEGAL DESCRIPTION: Lot 11, Espanola Subdivision
LOCATION: West of and adjacent to Weld County Road 12.90 (25`x' Avenue),
Approximately 250-feet south of Weld County Road 64 (O Street)
Zoning Land Use
N A (Agricultural) N Guadalupe Center
E A (Agricultural) E Vacant Land
S A (Agricultural) S Single Family Residences (Espanola Subdivision)
r
W A (Agricultural) W Single Family Residences (Espanola Subdivision)
COMMENTS:
* Existing grocery/convenience store at this location (La Tiendita).
* Existing paved parking in front of La Tiendita convenience store.
* Proposed take-out kitchen is located within La Tiendita convenience store.
Chris Gathman, Current Planner
EXIMINT
1
Hello