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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. 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J}�+Z{a�`Y"1*' ,� �G} r'JJZa irrl,'�„tl � ',t �ls d'* wW i, ', A;i, R 1� EXISTING NIGHTCLUB Kik 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 ® w'c� �� �, .%wit (��llofx�,��. -u ,cu itz43 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 Hello