HomeMy WebLinkAbout20031307.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1424 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 -WELD COUNTY C/O PAT PERSICHINO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of
May, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Weld County do Pat Persichino, 915 10th Street, Greeley,Colorado 80631,for a Site
Specific Development Plan and Use by Special Review Permit#1424 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 the following described real estate, to-wit:
Lot 2, Union Colony Resubdivision#1023; being part
of Section 27, Township 6 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Donald Warden, Weld County Director of
Finance and Administration, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.D - - 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.
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SPECIAL REVIEW PERMIT#1424 - WELD COUNTY C/O PAT PERSICHINO
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B. Section 23-2-230.B.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 23-2-230.B.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 23-2-2303.4 --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 23-2-230.6.5 -- 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. 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 23-2-230.B.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.
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SPECIAL REVIEW PERMIT#1424 - WELD COUNTY C/O PAT PERSICHINO
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G. Section 23-2-230.6.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the application of Weld County do Pat Persichino for a Site Specific Development
Plan and Use by Special Review Permit #1424 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 the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. 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.
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.
D. The plat shall be amended to delineate the attached Development
Standards.
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.
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.
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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.
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.
The applicant shall amend the boundaries of 2nd AMSUP-369 for a gravel
mine in accordance with Section 23-2-200.G of the Weld County Code.
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.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. 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.
B. The applicant shall submit evidence to the Department of Planning Services
that the Lot has a City of Greeley sewer tap.
C. The applicant shall submit a Flood Hazard Development Permit for review
and approval to the Weld County 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.
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SPECIAL REVIEW PERMIT#1424 -WELD COUNTY C/O PAT PERSICHINO
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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.
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
maDs@co.weld.co.us.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of May, A.D., 2003.
BO OF COUNTY COMMISSIONERS
�/�� WEL OUNT , CORA
ATTEST: /O���'//'� h,I
Gti - �` avid E. Lo g, Chair
Weld County Clerk to the Rr, , .
Le r t = obert D. sden, Pro-Tem
BY:
Deputy Clerk to the Board.:. - QAl.
M. J. eile
AP AS T
l William H. Jerke
ur Attorney £
Glenn Vaad
Date of signature: (1/2
2003-1307
PL1662
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD COUNTY C/O PAT PERSICHINO
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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
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.
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.
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.
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.
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.
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.
9. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
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.
12. The facility shall utilize the City of Greeley's municipal sewage treatment system.
13. The facility shall utilize the City of Greeley's public water supply.
14. Adequate toilet facilities shall be provided for employees and patrons of the facility.
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DEVELOPMENT STANDARDS -WELD COUNTY CIO PAT PERSICHINO (USR #1424)
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15. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
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.
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.
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)
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
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