HomeMy WebLinkAbout20021381 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1381 FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(GREENHOUSE AND RETAIL GARDEN CENTER) IN THE A(AGRICULTURAL)
ZONE DISTRICT - LINDA DANIEL
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 19th day
of June, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Linda Daniel, 3545 O Street, Greeley, Colorado 80631, for a Site
Specific Development Plan and Use by Special Review Permit #1381 for a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(greenhouse and retail garden center) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot B of Recorded Exemption #2800; being part of
the E1/2 of the SE1/4 of Section 26, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Tim Clancy of Witwer, Oldenburg, Barry,
and Bedingfield, LLP, 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 23-2-230.6 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 ordinances in effect. The
greenhouse and retail garden center is located on a 15-acre site which is
less than the eighty (80) acres considered to be a viable farm operation.
The growing and selling of crops and goods is consistent with the
continued support of agriculture.
2002-1381
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USE BY SPECIAL REVIEW PERMIT#1381 - LINDA DANIEL
PAGE 2
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-20.D of the Weld County
Code provides for the cultivation, storage, and sale of crops, vegetables,
plants, flowers, and nursery stock raised on the premises as a Use by
Right in the A (Agricultural) Zone District (greenhouse).
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 (retail garden
center).
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. To the north the
uses include agriculture and residential units (Seeley Lake Subdivision).
To the west is agriculture, houses, and a proposed veterinary clinic
currently under review as Use by Special Review Permit#1382. Most of
the property to the west is annexed by the City of Greeley. To the south
is a gravel mining operation and the River View Estates Minor
Subdivision, which have been annexed by the City of Greeley. To the
east is agriculture and single family houses.
d. Section 23-2-230.6.4 -- 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 is located within the three-mile referral
area of the City of Greeley. The Greeley Planning Commission has
denied this recommendation because it is not consistent with the City's
2020 Comprehensive Plan and Development Code. However, if
approved, the City does recommend several conditions as stated in the
referral response received April 23, 2002.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The east portion of the site is designated as "Prime" and
the west portion of the site is designated as "Not Prime," as identified on
the Farmlands of National Importance Map, dated 1979. The 15-acre
parcel is not considered a viable farm operation, however, it is being used
to grow plants and flowers.
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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
2002-1381
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USE BY SPECIAL REVIEW PERMIT #1381 - LINDA DANIEL
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Linda Daniel for a Site Specific Development
Plan and Use by Special Review Permit#1381 for a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone Districts (greenhouse and retail garden
center) 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 delineate the following:
1) The plat shall be titled Use by Special Review#1381 (USR-1381)
2) The attached Development Standards.
B. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division. 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, including volumes and types, which are expected
to be generated on site.
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.
C. The existing septic system shall be reviewed by a Colorado registered
professional engineer. The review shall consist of observation of the
system and a technical review describing the system's 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.
D. The applicant shall address the requirements of the Eaton Fire Protection
District as stated in the referral response received March 28, 2002.
E. The applicant shall submit approved Landscape, Screening, and Lighting
Plans. These plans shall address the requirements as stated in the
memorandum/referral received March 19, 2002, from the Department of
Planning Services. A sign plan which conforms to requirements in the
A (Agricultural) Zone District, with the exception of Section 23-4-90.B.
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USE BY SPECIAL REVIEW PERMIT #1381 - LINDA DANIEL
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The sign shall be two panel, and not to exceed 64 square feet in area,
and shall not exceed six feet in height. The sign on the premises shall not
be eliminated.
F. The applicant shall contact the Weld County Sheriffs Office to discuss
safety and security issues as stated in the referral response received
April 10, 2002. Written evidence shall be submitted to the Department of
Planning Services that the applicant has been in contact with the Sheriff's
Office.
G. The applicant shall attempt to address the requirements of the City of
Greeley as stated in the referral response received April 23, 2002.
H. The applicant shall address the requirements of the Department of Public
Works as stated in the referral response received April 12, 2002. This
includes submitting a Storm Water Drainage Report to the Department of
Public Works. Written evidence shall be submitted to the Department of
Planning Services that the report has been reviewed by the Department
of Public Works.
The applicant shall address the requirements of the Department of
Building Inspection as stated in the referral response received April 3,
2002, regarding building permits and requirements.
J. The applicant shall enter into an Improvements Agreement According to
the Policy Regarding Collateral for improvements and post adequate
collateral for parking and landscaping requirements. The agreement and
form of collateral shall be reviewed by County staff and accepted by the
Board of County Commissioners prior to recording the plat.
2. Prior to operation:
A. The current warehouse shall be permitted by the Department of Building
Inspection as a retail garden center.
B. All signs and entry piers shall have the appropriate building permits and
shall meet all setback requirements.
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USE BY SPECIAL REVIEW PERMIT #1381 - LINDA DANIEL
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WE D COUNT,
COLORADO
ATTEST:M,���j�� �a�� � ((/s4..�\
Ir 1Gh r
Weld County Clerk to th
iFfq David . Lon •ro-Tem
BY:
Deputy Clerk to the Board
M. J. Gei e
APP D AS T9M: EXCUSED DATE OF SIGNING (AYE)
ill' m H. Jerke
l_my Attor e y N
obert D. Masden
Date of signature: =1alf�
2002-1381
PL1607
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LINDA DANIEL
USR#1381
1. The Site Specific Development Plan and Use by Special Review Permit#1381 is for a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (greenhouse and retail garden center) 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. The hours of operation shall be Tuesday through Friday from 10:00 a.m. to 7:00 p.m., and
Saturday and Sunday from 10:00 a.m. to 5:00 p.m.
4. All outdoor storage shall be screened from all adjacent property owners and public
rights-of-way.
5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
6. 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, Section 30-20-100.5, C.R.S.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
8 Fugitive dust shall be controlled on this site.
9. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
11. The facility shall utilize the existing public water supply(North Weld County Water District).
12. Any septic system located on the property must comply with all provisions of the Weld
County Code,pertaining to the Individual Sewage Disposal Systems(I.S.D.S.)Regulations.
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling.
14. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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DEVELOPMENT STANDARDS - LINDA DANIEL (USR #1381)
PAGE 2
15. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
16. The off street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, or concrete, and it shall be graded to prevent drainage problems.
17. Parking lots shall conform to all standards of the American with Disabilities Act (ADA)
requirements.
18. Each parking space should be equipped with wheel guards, when necessary, to prevent
vehicles from extending beyond the boundary of this space and from coming into contact
with other vehicles, walls, fences, sidewalks, or planting.
19. There will be no staging or parking adjacent to Weld County Road 64 ("O" Street) or 35th
Avenue. Internal parking lots shall be utilized.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
22. 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.
23. The Use by 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.
24. 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.
2002-1381
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