HomeMy WebLinkAbout20031308.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, along with the deletion of J & L, 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-1424
APPLICANT: Weld County
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: 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.
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(Food
Warehouse)in the A(Agricultural)Zone District.
LOCATION: West of 11'Avenue and Southwest and adjacent to North 17"1 Avenue.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 22-2-60.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.
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 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 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 Development Permit prior to release
of building permits.
2003-1308
Resolution USR-1424
Weld County
Page 2
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.
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 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 6`" 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)
Resolution USR-1424
Weld County
Page 3
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)
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 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)
K. 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)
4. 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)
5. 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)
6. 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(rDco.weld.co.us. (Department of Planning Services)
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)
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 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)
Resolution USR-1424
Weld County
Page 2
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 Commission
Motion seconded by Bernie Ruesgen
Resolution USR-1424
Weld County
Page 3
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
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 May 6, 2003.
Dated the 6`" of May, 2003. e
Voneen Macklin
Secretary
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