HomeMy WebLinkAbout20031309.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Weld County Case Number USR-1424
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Pre-advertisement request
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
4 Referrals with comments X
City of Greeley, referral received 4/17/2003
Weld County Department of Building Inspection, referral received3/21/2003
Weld County Department of Public Works, referral received 4/17/2003
Weld County Department of Public Health and Environment, referral received
4/11/2003
5 Planning Commission Resolution
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board
of County Commissioners hearing.
At 6'4/14/& in
Sheri Lockman •: Planner II
2003-1309
46,t*n.
LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case #: USR-1424 Hearing Date: May 6, 2003
Applicant: Weld County
Address: 915 10th Street
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
(Food Warehouse) in the A (Agricultural) Zone District.
Legal Description: Lot 2 RS-1023, Resubdivision of Union Colony Subdivision; being part of
the SE4, Section 31, Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
Location: West of 11th Avenue and southwest and adjacent to H Street
Parcel Size: +/- 3.449 acres Parcel Number: 0803 31 401009
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:
• City of Greeley, referral received 4/17/2003
• Weld County Department of Building Inspection, referral received3/21/2003
• Weld County Department of Public Works, referral received 4/17/2003
• Weld County Department of Public Health and Environment, referral received 4/11/2003
• Union Colony Fire Protection District, referral received 4/24/2003
The Department of Planning Services' staff has not received responses from the following
agencies:
• Weld County Sheriffs Office
• West Greeley Soil Conservation District
r
USR-1424 Weld Food Bank 1 Warr
4**rl
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: S Lockman
Case #: USR-1424 Hearing Date: May 6, 2003
Applicant: Weld County
Address: 915 10th Street
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
(Food Warehouse) in the A (Agricultural) Zone District.
Legal Description: Lot 2 RS-1023, Resubdivision of Union Colony Subdivision; being part of
the SE4, Section 31, Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
Location: West of 11th Avenue and southwest and adjacent to H Street
Parcel Size: +/- 3.449 acres Parcel Number: 0803 31 401009
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 22-2-60.D (A. Goal 4.)states"Conversion of agricultural land to non-urban
residential,commercial and industrial uses,will be accommodated when the subject
site is in an area that can support such development. Such development shall
attempt to be compatible with the region."Much of the area surrounding the site has
been developed with commercial uses. The facility will be supplied by City of
Greeley sewer and water.
USR-1424 Weld Food Bank 2
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. Surrounding properties to the east and north are
commercial. The Poudre River lies to the south and a gravel mine to the west.
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 subject property will be annexed into
the City of Greeley. A Condition of Approval has been included to ensure the City
is satisfied with the site plan.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code.
Building Permits issued on the lot will be required to adhere to the fee structure of
County Wide Road Impact Program. Much of the site is also designated 100 year
flood plain by FIRM Panel 080266 0628 C, dated September 28, 2982. A condition
has been included which requires the applicant to obtain a Flood Hazard
es, Development Permit prior to release of building permits.
The site also contains a viable gravel deposit. State Statute 34-1-305(Preservation
of commercial mineral deposits for extraction) states"After July 1, 1973, no board
of county commissioners, governing body of any city and county, city, or town, or
other governmental authority which has control over zoning shall, by zoning,
rezoning, granting a variance, or other official action or inaction, permit the use of
any area known to contain a commercial mineral deposit in a manner which would
interfere with the present or future extraction of such deposit by an extractor.
However, in a conversation with Staff from the Geological Survey, Staff was
informed that it is up to the Weld County Board of County Commissioners to
determine if the State Statute should be implemented. The Board should decide if
enforcement would be for the good of the people.
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 subject
site is designated "Other" and "Irrigated Land, Not Prime" by the USDA Soil
Conservation Services. The location and size of the lot severely limit 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.
USR-1424 Weld Food Bank 3
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to the Board of County Commissioners hearing:
A. The applicant shall submit a sign plan to the Weld County Department of Planning
Services for review. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1424. (Department of Planning Services)
B. The legal description shall be amended to read Lot 2 RS-1023, Resubdivision of
Union Colony Subdivision; being part of the SE4, Section 31, Township 6 North,
Range 65 West of the 6th P.M., Weld County, Colorado. (Department of Planning
Services)
C. The applicant shall enter into an annexation agreement with the City of Greeley and
meet all requirements including landscaping, lighting and parking. Evidence of such
shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The plat shall be amended to delineate the attached Development Standards.
(Department of Planning Services)
E. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all
transportation items (paved access drive and parking areas, gravel turn around
area,curb and gutter,sidewalks,etcetera)and non-transportation items(sewer and
water extensions, fire hydrant plant materials, fencing, screening, signage,
etcetera). 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)
F. The east access from the Weld County Training Center needs to be incorporated
into the existing paved parking lot area. The north access point needs to be
incorporated into the existing asphalt haul road with adequate turning radius. The
access shall be paved from the entrance east of"H" Street. (Department of Public
Works)
G. The applicant shall submit a copy of the final Landscape Plan as approved by the
City of Greeley. The Landscape Plan shall indicate a site for a trash collection that
is sufficiently screened from adjacent public rights-of-way and adjacent properties
and on-site lighting,including security lighting if applicable. (Department of Planning
Services)
USR-1424 Weld Food Bank 4
H. The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility at all times. Non-ambulatory/ Ambulatory parking
spaces shall be identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. At least one space must be
van accessible. A certain portion of the structure will also be required to meet the
accessibility requirements. The parking spaces must be the closest possible to the
entrance. Signing will be required. Curb cuts, ramps and other methods of
providing accessibility shall be required to reasonably attempt to meet the
requirements of this Act. (Departments of Planning Services and Public Works)
The applicant shall amend the boundaries of 2"° AMSUP-369 for a gravel mine in
accordance with Section 23-2-200.G of the Weld County Code. (Department of
Planning Services)
J. The applicant shall submit a request to the Division of Minerals and Geology to
amend the reclamation plan associated with 2n° AMSUP-369 to include a row of
evergreen trees along the eastern edge of the mining boundary adjacent to the
Food Bank building and the truck turn around area at the south end of the site.
(Department of Planning Services)
K. The applicant shall enter into an agreement with Weld County to share the access
and parking area located east of the site. The agreement shall include the
reconfiguration of the landscape island to ensure access from the east.
(Department of Planning Services)
L. The applicant shall submit a revised plan for the large truck loading area. The new
plan shall address adequate circulation and safety. (Department of Planning
Services)
M. 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)
3. Prior to the release of building permits:
A. The applicant shall submit evidence to the Department of Planning Services that the
Lot has a City of Greeley water tap. (Department of Planning Services)
B. The applicant shall submit evidence to the Department of Planning Services that the
Lot has a City of Greeley sewer tap. (Department of Planning Services)
C. The applicant shall submit a Flood Hazard Development Permit for review and
approval to the Weld County Department of Planning Services. (Department of
Planning Services)
3. Prior to construction:
A. The applicant shall comply with all Department of Building Inspection requirements
�-, as listed in the referral dated March 21, 2003. (Building Inspection)
USR-1424 Weld Food Bank 5
4. Upon completion of 1. and 2 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)
5. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this 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). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
6. 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-1424 Weld Food Bank 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld County
USR-1424
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 (Food Warehouse) 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. Prior to the release of building permits the applicant shall submit evidence to the
Department of Planning Services that the Lot has a City of Greeley water tap. (Department
of Planning Services)
4. Prior to the release of building permits the applicant shall submit evidence to the
Department of Planning Services that the Lot has a City of Greeley sewer tap. (Department
of Planning Services)
5. The landscaping on site shall be maintained in accordance with the approved Landscape
!^ Plan. Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time. (Department of Planning Services)
6. On-site lighting, including security lighting if applicable shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties. (Department of Planning
Services)
7. 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)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department
of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department
of Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the
USR-1424 Weld Food Bank 7
Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public
Health and Environment)
12. The facility shall utilize the City of Greeley's municipal sewage treatment system.
(Department of Public Health and Environment)
13. The facility shall utilize the City of Greeley's public water supply. (Department of Public
Health and Environment)
14. Adequate toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
15. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
16. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to the run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off. (Department of Public Works)
17. All parking areas and access roads shall be paved with curb and gutter. The truck turn
around area at the south end of the property shall be surfaced with gravel, asphalt,
concrete, or the equivalent. (Department of Planning Services)
18. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
21. Personnel from Weld County Government 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.
22. 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.
23. 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-1424 Weld Food Bank 8
3.;;;\6
' DEPARTMENT OF PLANNING SERVICES
WE`D�• PHONE (970) 353-6100, EXT.3540
FAX (97(970)304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
•
March 20,2003
Weld County
c/o Pat Persichino
915 10'"Street
Greeley,CO 80631
Subject: USR-1424- 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(Food Warehouse) in the A
(Agricultural)Zone District on a parcel of land described as Lot 2 as shown on RS-1023,Re-subdivision of
Union Colony Subdivision; being part of Section 27,T6N, R67W 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 May 6, 2003,at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Greeley Planning Commission fortheir review and comments. Please
call Greeley at(970)350-9780 for further details regarding the date,time,and place of this meeting. It is recommended
that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum 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,
Sheri Lockman
Planner
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: //8x5 ,20 03 . THE SIGN SHALL BE
POSTED ADJACENT TO AN VISIBLE FROMPUBLICLY 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 US,C Pal . THE SIGN WAS POSTED BY:
r S)w L Lots
NAME OF PERSON POSTING SIGN
SYLe_.
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS C l DAY OF aCva , 20 03
a.�� 4 ALSO/WY
NOTARY PUBLIC
MY COMMISSION EXPIRES: I ` b19 ` °i 6O
/^'� THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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FIELD CHECK inspection date:4/10/03
CASE NUMBER: USR-1424
APPLICANT: Weld County
LEGAL DESCRIPTION: Lot 2 as shown on RS-1023, Resubdivision of Union Colony
Subdivision, being part of Section 27, T6N, R67W of the 6th P.M.,
Weld County, CO
LOCATION: West of 11th Avenue and southwest and adjacent to North 17th Avenue
Zoning Land Use
N A (Agricultural) N Commercial
E A (Agricultural) E Commercial
S A (Agricultural) S River/ Island Grove Park
W A (Agricultural) W Mining
r
COMMENTS: The site is relatively flat. It appears that fill has been
brought in at some time in the past. The southern access
is paved for a short distance for gravel trucks.
Sheri Lockman , Planner II
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