HomeMy WebLinkAbout20022551.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,along with the addition of Condition of Approval I, deletion of Condition of Approval
1H 3, that the following resolution be introduced for passage by the Weld County Planning Commission.
Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1397
APPLICANT: Luisa Ramos & Eileen Scarzello
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-1162; being part SW4 SW4 of Section 14, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: 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.
LOCATION: East of and adjacent to WCR 33; 1/4 mile north of Highway 392.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 Planning Commission 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 % 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 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 Chapter22 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.
EXHIBIT
_2002-2551
use. t13q-7
Resolution USR-1397
Ramos & Scarzello
Page 2
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 Planning Commission's 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 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
Resolution USR-1397
Ramos &Scarzello
Page 3
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 23-3-250.8 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)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
Should the north access be located upon the adjacent property the applicant shall enter into
an access agreement allowing the use of the north access or use the existing residential
access.
J. 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
Resolution USR-1397
Ramos & Scarzello
Page 4
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a)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)
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,
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)
Resolution USR-1397
Ramos & Scarzello
Page 2
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)
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 Chapter23 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)
Resolution USR-1397
Ramos &Scarzello
Page 3
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.
Motion seconded by Bryant Gimlin
Resolution USR-1397
Ramos & Scarzello
Page 4
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on September 3, 2002.
D ted the 3rd of September, 2002.
LaULI
Voneen Macklin
Secretary
r
"TTY`...
r a` ,
„ m
'� C+i INi 'I ' 52 .iiP ACRES - ,,� �
4 �
.
NAfi{ I . .
REOUE&T ry
r '•1' A PUEtCIC H Dinar SO THIS
. PROidskr:Yyslc �BEM�IAKQ,ISSSNORIN
' 17thAVE,GRREELEY,COI O QOM 6131, ''
ON, t,t 3 20,11 .,RT61 •1 . I- .
'} ' 'D oRE;'It�FQii,1�ATION CALL TIE s
WEtb a itir iY,•ggP��T``"S PLANNING • F
SERVICES p ,(B70};iga'41PQiEXT;3S#4, _ - -
« r
r
4 v � ;
�F t
tb3" "� f '-,1":"—.: ',k
II i� mEl_,__�•p�y�lil, Iti I{
USR-1397
M
U
3
P
R I r ,
HWY 392
, Sonn View Estates
GREELEY
1
r
Iry I, „f,
Zs'
•I C.)
•.. k•: rp ;14
I r at Park ;"
41 tfr‘
T
L, 9 $74V/iiI ffi it; r "�
1
1 ,
I
r
r,•
N }
:, : '' ' . ' . * '
Fc
. ..,,
Li ,<- t'
: n Imo'w
f - , ,. �'.. '�.
u 1 ;
?It 'ri r
' J„u
y„. .ro ,. , (:',"I',:'''
•i III�J, i1' l lib. ff,NEI7 II
ti • My .,«< I II III M f • v •
{l if III '
5 ry
�,s'� `r s I y��NbPN�I'1 Ii I '"Y• #‘,•45:,�-014,,d41:;-„,
I '.
;.c ': >. '7y114 4HI J, tx's,"I a '-
r%P �'` r M 1 41: f' (y p f.r .. %/1,±4r1:,;,./rr !I YrI'r4r41'°'4r I^ •:,.S 3 +'
1
r
l J-"h s'
a
ki
v
..
I yx, 'i j n ->t1, 1ll
I tl 'i*S ? *. P' i ^t L
yI ' Y `' Syr }l`r"4kk •Ju ,/., f 4_�'� .,�+.�
„I.,,..„,,.,..,,,,,,,,, u 'J a x 1w .qcX ry�+� ,,..„A'..�1pc,FrSlxtr.-. IfI'�CY ' ''S'I tti'yy �'t ? .y��i i� s e
wF.- {- #alb w IW.' {AI' k ?,S "4_k. "s J .i .rdi, '., • . .al
wTi' 4 tL. a.S. ..
r
.:,i a ,'411111:
. t, I{kuI ^ NfitiliIIIdO,! I WiIl'I
,,,,,pop;..„F.,..I:* II I I IIi l v..;.., I I1!1'1
r II , 71111 , ''•L ll b li' ' iii it l'�I .
,.,,,,,:j licF If ij„ 1111:,,
-*Ili.al
:nI,I I. a }dog II__ .. .. . . �, . ''� �y�Y� . ..<
2
•
ttm.. i +2L«1.1*RLf"
W' .rb 1 • k u, ittS [
r'.§9�t*f Mh ibrf•sc ".i r" t 5%jpll ;kb`� i� +`
.r, S' I sii A
r1 ,�{�' 1k kti , a ,n p,'
(. "'q`f�a».S'`₹ F v`,.." 7
'.... 17r- a'Cr4. 4" �a$'' 1311,�J.•.ciasitaa&�&'I VYmO.b' fzN n<.,n
•
Jtlt
A
y
i� A
i
U
' nrxeM�a^u
tL • g; 3
F§ �� i�rAfif n
41�{ i k Ott 4.,k ik
"..I l huix it +C*,`
� n
nxY ' x"v
r
3
Hello