HomeMy WebLinkAbout20021128 �-. INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Sharon Parrill CASE#:AMUSR-1096
Submitted or Prepared
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Department of Planning Services'Staff Review X
3 Department of Planning Services'and Planning Commission Field Checks X
4 Legal Notice X
5 Letter to Mineral Owners X
6 Evidence of Posting X
7 Letter to Applicant X
8 Application X
9 Site Maps submitted by applicant X
10 Referral List, Referrals without Comments X
11 Weld County Department of Public Works referral received 1-29-02. X
12 Weld County Department of Public Health and Environment„ referral X
received 1-31-02.
13 Weld County Department of Building Inspection, referral received 1-23-02. X
14 Weld County Sheriff's Office, referral received 1-29-02. X
15 Colorado Department of Transportation, referral received 1-25-02. X
16 Cheyenne/Laramie County Health Department, referral received 2-25-02. X
17 Deed(s)/Certificate of Conveyance X
18 Surrounding Property/Mineral Owners X
19 Letters from Steve and Gail Ault, received 1-31-02 and 2-25-02. X
20 Letter from Weld County Department of Planning Services to Steve and Gail X
Ault, dated 2-4-02.
21 Soil Survey X
22 Laramie fire letter X
23 Laramie Sheriff letter X
24 Letter from applicant dated March 12,2002 X
25 Letter from Wyoming Security Systems Inc. dated March 12,2002 X
26 Letter from Wyoming State Engineer's Office. dated March 7, 2002 X
27 Weld County Code Compliance referral received March 7, 2002 X
I hereby certify that the 27 items identified herein(Inventory of Items for Consideration-Case#AMUSR-1096)were submitted at or priort the scheduled
Planning Commission Hearing.I further certify that these items were subsequently forwarded to the Weld Count Clerk to the Board fries..
P �JV
J. E Lauren Light o P anne
#1 � 2002-1128
44440.
WF`��C• LAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Number: AMUSR-1096
Planner: Lauren Light
Hearing Date: March 5, 2002
Applicant: Sharon Parrill
Address: P.O. Box 5925
Cheyenne, Wyoming 82003
Request: A Site Specific Development Plan and a Special Review Permit for a use allowed
as a Use-by-Right in the C-2(General Commercial)Zone District(restaurant/tavern)
in the A (Agricultural) Zone District
Legal Pt. of the NE4 of Section 21, Township 12 North, Range 66 West of the 6th P.M.,
Description: Weld County, Colorado
Location: West of State Highway 85 and south of and adjacent to Weld County Road 140
Size of Parcel: 8 +/- 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 Department of Public Health and Environment, referral received 1/31/2002
• Weld County Department of Public Works, referral received 1/29/2002
• Weld County Department of Building Inspection, referral received 1/23/2002
Weld County Sheriffs Office, referral received 1/29/2002
• West Greeley Soil Conservation District, referral received 1/25/2002
• Colorado Department of Transportation, referral received 1/25/2002
• Laramie County, Wyoming, referral received 2/25/02
• Weld County Zoning Compliance, referral received 3/7/02
The Department of Planning Services' staff has not received responses from the following
agencies:
• State of Wyoming
• Nunn Fire Protection District
AMUSR-1096 Sharon Parrill 1
tett
COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Case Number: AMUSR-1096
Planner: Lauren Light
Hearing Date: March 5, 2002
Applicant: Sharon Parrill
Address: P.O. Box 5925
Cheyenne, Wyoming 82003
Request: A Site Specific Development Plan and a Special Review Permit for a use allowed
as a Use-by-Right in the C-2 (General Commercial) Zone District
(restaurant/tavern) in the A (Agricultural) Zone District
Legal Pt. of the NE4 of Section 21, Township 12 North, Range 66 West of the 6th P.M.,
Description: Weld County, Colorado
r
Location: West of State Highway 85 and south of and adjacent to Weld County Road 140
Size of Parcel: 8 +/- acres
Parcel 0049 21 000012
Number:
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 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 adjacent land uses consist of a nightclub and
two residences which are located in Wyoming and the existing lottery sales store
which is located in Colorado. The applicant owns the nightclub, residences and
store. There is a single family home located to the south which is not readily visible
AMUSR-1096 Sharon Parrill 2
from the store due to topography. The wind farm is directly to the west and State
Highway 85 borders the property to the east. A Special Use Permit was approved
November 1, 1995 for a gift shop and lottery sales for the portion of the applicants
property which is located in Colorado. As there are existing commercial uses in this
location the proposed restaurant/tavern would be compatible with adjacent land
uses.
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 any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts 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. Parking requirements are 1 space for 6 seats plus
1 space for 2 employees. The existing parking area is paved and there is sufficient
room for expansion to permit additional parking spaces. This proposal is unique as
the adjacent uses consist of a nightclub located in Wyoming to the north, the wind
farm is directly to the west and State Highway 85 borders the property to the east
so the possibility of incompatibility with adjacent land uses is greatly reduced.
Conditions of Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
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 does not lie within the Urban
Growth Boundary of any municipality. The State of Wyoming did not respond to this
request.
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 U.S.D.A.
Soils Map indicate that the soils on the property are designated "Other".
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.
AMUSR-1096 Sharon Parrill 3
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. Upon completion of Conditions of
Approval 2.A. through 2.G. 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. The plat shall be ready for recording within 90 days from the date of the
Board of County Commissioners resolution. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which refers to
requirements for the special review permit plan map.
2) Number and location of parking spaces in accordance with Section 23-4-10 of
the Weld County Code. The parking plan shall include an adequate number of
spaces in accordance with ADA standards as well as the circulation pattern.
3) If signage is proposed it shall be indicated on the plat.
B. A recorded copy of an agreement indicating adequate legal access to the parcel
shall be submitted to the Weld County Department of Public Works as well as the
Department of Planning Services. The access shall be for ingress and egress and
shall be referenced on the plat by the Weld County Clerk and Recorders reception
number. (Department of Public Works, Department of Planning Services)
C. A Landscaping Plan shall be submitted to and approved by the Weld County
Department of Planning Services. The plan shall include irrigation and maintenance
of landscaping materials and potential replacement of dying materials. (Department
of Planning Services)
D. A storm water drainage report shall be submitted to and approved by the Weld
County Department of Public Works. The report shall be prepared by a registered
professional engineer licensed in the States of Colorado or Wyoming. Evidence of
approval of the report shall be submitted to the Weld County Department of
Planning Services. (Department of Public Works, Department of Planning Services)
E. The applicants shall address the requirements (concerns) of the Weld County
Sheriff's Office outlined in their referral received January 29, 2002. Written
documentation shall be presented to the Department of Planning Services indicating
compliance with the Sheriff's Office concerns. (Weld County Sheriffs Office,
Department of Planning Services)
F. The facility shall provide evidence that it has demonstrated compliance with the
requirements of the Colorado Primary Drinking Water Regulations, 25-1-107 (x),
C.R.S. Written evidence shall be provided to the Weld County Department of
AMUSR-1096 Sharon Parrill 4
Public Health and Environment and the Department of Planning Services that
indicates the system complies with the Regulations. (Department of Public Health
and Environment)
G. The Weld County Department of Public Health and Environment has reviewed the
submitted Design Report and found the system does not appear to be adequate for
the proposed hydrologic load. The facility shall provide evidence from the
Cheyenne/Laramie City and County Health Department that the septic system
complies with all applicable rules. 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 and the
Weld County Department of Planning Services. In the event the system is found
to be inadequately sized or constructed the system shall be brought into compliance
with current Wyoming regulations. (Department of Public Health and Environment)
3. A plan review is required for each permit. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying
for the permit. (Department of Building Inspection)
4. Building shall conform to the requirements of the 1997 UBC, 1998, IMC, 1997 IPC, 1999
NEC and Chapter 29 of the Weld County Code. (Department of Building Inspection)
5. All buildings and addition/remodels 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)
6. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall
and opening protection and limitations shall be in accordance with UBC Table 5-A.
Separation of buildings of mixed occupancy classifications shall be in accordance with UBC
Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning
Ordinance. (Department of Building Inspection)
7. 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)
AMUSR-1096 Sharon Parrill 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHARON PARRILL
AMUSR-1096
1. The Site Specific Development Plan and Special Use Permit is for a use allowed as a Use-
by-Right in the C-2 (General Commercial) Zone District (restaurant/tavern) 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.) 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. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103, C.R.S. (Department of Public Health and
Environment)
7. The water supply shall comply with the Colorado Primary Drinking Water Regulations,25-1-
107 (x) C.R.S. (Department of Public Health and Environment)
8. Any sewage disposal system shall comply with all applicable rules and regulations
(Department of Public Health and Environment)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. Adequate hand washing and toilet facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
11. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations, 25-4-1601 C.R.S., governing the regulation of food service establishments.
(Department of Public Health and Environment)
AMUSR-1096 Sharon Parrill 6
12. The existing water well(s) shall comply with the State of Wyoming, Office of the State
Engineer (OSE) and the Wyoming Ground Water Regulations. (Department of Public
Health and Environment)
13. The landscaping on site shall be maintained in accordance with the approved landscape
plan. (Department of Planning Services)
14. Parking shall meet the requirements outlined in Article IV, Division 1 of the Weld County
Code. (Department of Planning Services)
15. Off-street parking spaces, including the access drive, shall be surfaced with gravel or an
equivalent and shall be graded to prevent drainage problems. Each parking space shall
contain a concrete curb stop with approved parking striping. (Department of Public Works)
16. No portion of the property shall be sold, conveyed or transferred separately. (Department
of Planning Services)
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, 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.
20. 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.
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.
AMUSR-1096 Sharon Parrill 7
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DEPARTMENT OF PLANNING SERVICES
WD�• PHONE (970) 35 3-6100, EXT.3540
FAX X (97(970) 3004-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
January 8, 2002
Busy Inc
c/o Sharon Parrill
68947 Hwy 85
Carr CO 80612
Subject: AmUSR-1096- Request for a Site Specific Development Plan and a Special Review Permit for
a use allowed as a Use by Right in the C-2 (General Commercial) Zone District
(restaurant/tavern) in the A(Agricultural)Zone District. on a parcel of land described as Part of
the NE4 of Section 21, T12N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
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 March 5, 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.
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,
Lauren Light
Planner
EXHIBIT
r�
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: 0- \ ,20 O a. THE SIGN SHALL BE
POSTED ADJACENT TO AN VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FORASPECIAL REVIEW OR CHANGE OF ZONE IS NOT
ADJACENT TO A PUBLICLY 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
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR
CASE flmij5RtIcgjC THE SIGN WAS POSTED BY:
�Crirt ry
NAME OF PERS N POSTIN SIGN
SIGNA UR FOR P RSON PO ING SIGN
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS a(, DAY OF A ,tit , 200
NOTARY PUBLIC
MY COMMISSION EXPIRES: I` 2
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
EXHIBIT
/^ FIELD CHECK
CASE NUMBER: AmUSR-1096 DATE OF INSPECTION: 7- /S 4 v
APPLICANT'S NAME: Sharon Parrill
PLANNER: Lauren Light
REQUEST: Site Specific Development Plan and a Special Review Permit for a use allowed as a Use by
Right in the C-2 (General Commercial)Zone District(restaurant/tavern) in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Part of the NE4 of Section 21, T12N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of State Hwy 85; south of and adjacent to WCR 140.
LAND USE:
N Pad g_, D
• Azeiu
w
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: Q ®
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WILL 4tif •
- ac
P.C. Member
EXHIBIT
1 3
FIELD CHECK Inspection date: February 6, 2002
CASE NUMBER: AMUSR-1096
APPLICANT: Sharon Perrill
LEGAL Pt. of the NE4 of Section 21, Township 12 North, Range 66 West of the 6th
DESCRIPTION: PM, Weld County, CO
LOCATION: West of and adjacent to State Highway 85; South of and adjacent to WCR 40
Zoning Land Use
N A (Agricultural) N Pasture/residences and nightclub located on
applicants property
E A (Agricultural) E State Highway 85/pasture
S A (Agricultural) S Pasture/single family residence
W A (Agricultural) W Pasture/wind farm
COMMENTS: The lotto store is located on the Colorado border and the nightclub and two
residences are located in Wyoming. The applicant owns the nightclub, store and the two
homes. The access to the store is paved. The topography limits the visibility of the site as a
substantial hill is located to the south.
Lauren Light, Planner
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