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HomeMy WebLinkAbout20022552.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Luisa Ramos and Eileen Scarzello Case Number USR-1397 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form and photographs Letter to Applicant Photograph of sign posting Legal Notifications 2 Application X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities Soil Survey 3 Referral List X Referrals without comment Eaton Fire Protection District, referral received 8/11/2002 Town of Eaton, referral received 7/31/2002 Greeley Soil Conservation District, referral received 7/30/2002 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received 8/12/2002 City of Greeley Planning, referral received 8/14/2002 Weld County Department of Building Inspection, referral received 8/6/2002 Weld County Zoning Compliance, referral received 7/24/2002 Weld County Department of Public Works, referral received 8/27/2002 X 5 PC Exhibits Letter addressing Planning Staff concerns X 6 Planning Commission Resolution = EXHIBIT 2002-2552 u92._ 44397 I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. c; f)6(- /t�"i, oei Sheri Lockman 4. Planner II WRD�. LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1397 Hearing Date: September 3, 2002 Applicant: Luisa Ramos and Eileen Scarzello Address: 33140 WCR 33 Greeley, CO 80631 Request: A Site Specific Development Plan and a Special Review Permit 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 Businesses) in the A (Agricultural)Zone District. Legal Lot A RE-1162; being part SW4 SW4 Section 14, T6N, R66W of the 6th P.M., Weld Description: County, Colorado Location: East of and adjacent to Weld County Road 33; 1/4 mile north of Highway 392 Size of Parcel: 3.59 +/-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 Zoning Compliance, referral received 7/24/2002 • Weld County Department of Public Health and Environment, referral received 8/12/2002 Weld County Department of Public Works, referral received 8/22/2002 • Weld County Department of Building Inspection, referral received 8/6/2002 • Eaton Fire Protection District, referral received 8/11/2002 • Greeley Soil Conservation District, referral received 7/30/2002 Town of Eaton, referral received 7/31/2002 • City of Greeley Planning, referral received 8/14/2002 EXHIBIT USR-1397 Ramos/Scarzello 1 I ‘aft:*: SPECIAL REVIEW PERMITREVIEW ADMINISTRATIVE REVIEW WIDc. COLORADO Case Number: USR-1397 Hearing Date: September 3, 2002 Applicant: Luisa Ramos and Eileen Scarzello Address: 33140 WCR 33 Greeley, CO 80631 Request: A Site Specific Development Plan and a Special Review Permit 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 Businesses) in the A (Agricultural)Zone District. Legal Lot A RE-1162; being part SW4 SW4 Section 14, T6N, R66W of the 6th P.M., Weld Description: County, Colorado Location: East of and adjacent to Weld County Road 33; 1/4 mile north of Highway 392 Size of Parcel: 3.59 +/- acres Parcel Number: 0805 14 300044 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 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 22-2-150 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. 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 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 23-2-220.A.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 YA mile. An existing feed lot is 1/4 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. Conditions of Approval and Development Standards ensure that the storage USR-1397 Ramos/Scarzello 2 and parking areas are adequately screened from the adjacent properties. 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 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 their interests. In a referral response dated August 12, 2002, the City of Greeley recommended denial of the request. The City has recommended conditions that they wish to see implemented should the proposal be approved. Planning Staff has incorporated many of the City's recommendations into staff comments. E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use.The proposed site is designated "Prime" by the USDA Soil Conservation Services. However, the small size of the lot limits its agricultural value. G. 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 plat shall be labeled USR-1397 (Department of Planning Services) B. The applicant shall submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. Evidence of submittal shall provided to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health&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 & Environment will require an 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. (Department of Public Health and Environment) D. The septic system serving the house 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 USR-1397 Ramos/Scarzello 3 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 shall be submitted to the Weld County Department of Planning Services.(Department of Public Health and Environment) E. 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 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). (Department of Public Health and Environment) F. 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 wind or animal scattered trash. 3) Section 23-3-250.B 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 Section 23-4-90.A and .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. (Department of Planning Services) G. 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 USR plat. (Department of Planning Services) H. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) USR-1397 Ramos/Scarzello 4 2) The approved Landscape/Screening Plan. (Department of Planning Services) 3) Access to the business shall not cross the adjacent property. (Department of Planning Services) I. 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 Recorded Exemption/Subdivision Exemption/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). Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services) 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-1397 Ramos/Scarzello 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Luisa Ramos and Eileen Scarzello USR-1397 1. The Site Specific Development Plan and Special Use Permit 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 Businesses)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. 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) 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,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, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 7. 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) 8. The facility shall utilize the existing public water supply. (Department of Public Health and Environment) 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 that the volume of the largest tank inside the berm. (Department of Public Health and Environment) 10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling. (Department of Public Health and Environment) 11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. The employees and patrons to the site shall be allowed to use the toilet facilities in the residence. (Department of Public Health and Environment) 13. Any septic system located on the property must comply with all provisions of the Weld County Code, USR-1397 Ramos/Scarzello 6 pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 15. No more than 75 cubic yards of compost shall be stored on the site. (Department of Planning Services) 16. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 19. Material piles shall not exceed the height of the opaque screening.(Department of Planning Services). 20. The screening and landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 21. The Special Use 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. (Department of Planning Services) 22. No wood chipping shall be conducted on site. (Department of Planning Services) 23. A building permit shall be obtained prior to the construction of any building. (Department of Building Inspection) 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. (Department of Building Inspection) 25. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Department of Building Inspection) 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.(Department of Building Inspection) 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 the Zoning Ordinance. (Department of Building Inspection) USR-1397 Ramos/Scarzello 7 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. (Department of Building Inspection) 29. No retail sales shall be allowed on the site. (Department of Planning Services) 30. Hours of operation shall be from 7 o'clock a.m. to 6 o'clock 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. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Public Works) 33. Storage of recreational vehicles shall not be part of the business. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 36. 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. 37. 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. 38. 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. USR-1397 Ramos/Scarzello 8 I6 'Kitt DEPARTMENT OF PLANNING SERVICES W �. PHONE (970) 353-6100, EXT.3540 FAX (9(970) 304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 July 18,2002 Luisa Ramos & Eileen Scarzello 33140 WCR 33 Greeley CO 80631 Subject: USR-1397- Request for a Site Specific Development Plan and a Special Review Permit 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 Businesses) in the A(Agricultural)Zone District on a parcel of land described as Lot A of RE-1162; being part SW4 SW4 of Section 14,T6N, R66W 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 September 3,2002,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 Eaton and Greeley Planning Commission for their review and comments. Please call Eaton at(970)454-3338 and Greeley at(970) 350-9780 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 Eaton and 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 of ten 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, ll Sheri Lockman Planner III 1 + li • le .4 •11 r, • 44'f%‘ Y �y. Sr t+ . - •,. til f .., :_fi •$. .. J- ":"..a"47C ... 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I.h 6. i. ,ykel,..,..;k1 „.- , I , el. � • 1i g'� h �i i r i"h fi ,�f♦ +fir; 'Y 11`if_ '.�` r {i�'�•ri .•r f�t .:.7-t40-4,46 71,;I -„...,„..-1 - Y K FIELD CHECK inspection date: / VC a- CASE NUMBER: USR-1397 APPLICANT: Luisa Ramos and Eileen Scarzello LEGAL DESCRIPTION: Lot A RE-1162; being part SW4 SW4 Section 14, T6N, R66W of the 6th P.M., Weld County, CO LOCATION: East of and adjacent to Weld County Road 33; 1/4 mile north of Highway 392 Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural (Feed Lot) / Residential COMMENTS: The site is very well screened from WCR 33. However, properties to the north, south and Pinnacle Park to the east have no screening. Some of the business appears to be operating from the site at this time. The north access being used by the applicant may be on the adjacent property. L, Mal SherVLockman , Planner II Hello