HomeMy WebLinkAbout20021382 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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Moved by Cristie Nicklas 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-1381
Planner: Carla Angeli w
Applicant: Li -!— -I c/o Tim Clancy of Address: 822 7`" Street, Ste. 760
itp e denburg, Barry, Greeley, Colorado 80631
.ingfield, LLP
Request: A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone District (Greenhouse and Retail Garden Center) in the A
(Agricultural)Zone District
Legal Description: Lot B of RE-2800; Pt. of the E2 of the SE4 of Section 26, Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 64 ("O" Street) and West of and
adjacent to Weld County Road 35 (351h Avenue)
be recommended favorably to the Board of County Commissioners 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. 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.
b. Section 23-2-220.A.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 23-2-220.A.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 by this office (USR-1382). Most of the property to the west is
annexed by the City of Greeley. To the south, is the City of Greeley annexations which
include a gravel mining operation. Also to the south is the River View Estates minor
subdivision. To the east, is agriculture and single family houses.
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 ainsmai,
development as projected by Chapter 22 of the Weld County Code and any other applicable
r- 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 t
approved does recommend several conditions as stated in the referral response received W
April 23, 2002.
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2002-1382 weer
Resolution USR-1381
Linda Daniel
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 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 acres is not
considered a viable farm operation, however, it is being used to grow plants and flowers.
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 delineate the following:
1) The plat shall be titled Use by Special Review 1381 (USR-1381)
2) The attached Development Standards. (Department of Planning Services)
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 which are expected to be generated on site, including expected
volumes and types of waste generated. (Department of Public Health and
Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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
Environment)
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 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.
(Department of Public Health and Environment)
D. The applicant shall address the requirements of the Eaton Fire Protection District as stated
in the referral response received March 28, 2002. (Department of Planning Services)
E. The applicant shall submit an approved landscape, screening, and lighting plan. These
plans shall address the requirements as stated in the memorandum/referral received March
19, 2002, from the Department of Planning Services.
Resolution USR-1381
Linda Daniel
Page 3
F. The applicant shall contact the Weld County Sheriff's 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 Sheriffs Office. (Department of Planning Services)
G. The applicant shall attempt to address the requirements of the City of Greeley as stated in
the referral response received April 23, 2002. (Department of Planning Services)
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. (Department of Public Works and Planning Services)
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. (Department of Building Inspection)
J. The applicant shall enter into an Improvements Agreement according to 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. (Department
of Planning Services)
2. Prior to operation:
A. The current warehouse shall be permitted by the Department of Building Inspection as a
retail garden center. (Department of Planning Services)
B. All signs and entry piers shall have the appropriate building permits and shall meet all
setback requirements. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Linda Daniel do Tim Clancy
USR- 1381
1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone District (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. (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. The hours of operation shall be Tuesday through Friday from 10 a.m. to 7 p.m. and Saturday and
Sunday from 10 a.m. to 5 p.m. (Department of Planning Services)
4. All outdoor storage shall be screened from all adjacent property owners and public rights of way.
(Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
7. 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)
8 Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
9. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
11. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
12. 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)
13. 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)
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. (Department of
Public Health and Environment)
15. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
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. (Department of Public Works)
17. Parking lots shall conform to all standards of the American with Disabilities Act requirements.
(Department of Public Works)
Resolution USR-1381
Linda Daniel
Page 2
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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. (Department of Public Works)
19. There will be no staging or parking adjacent to Weld County Road 64 ("O"Street)or 35"Avenue.
Internal parking lots shall be utilized. (Department of Public Works)
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 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.
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Fred Walker
Stephan Mokray
John Folsom
Luis Llerena
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
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County, Colorado, adopted on May 7, 2002.
Dated the 7'" of May, 2002.
(al a ) se/C ---
Voneen Macklin
Secretary
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