HomeMy WebLinkAbout20010015.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray 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:
PLANNER: Monica Daniels-Mika
CASE NUMBER: USR-1296
APPLICANT: Fay and Mary Shultz
ADDRESS: 3912 21"Street Road, Greeley, CO 80634
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Agricultural Service
Establishment for a Retail/Wholesale Greenhouse in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot B of RE-172;being part of the W2 of Section 21,T5N, R67W of the 6th
P.M., Weld County, Colorado
LOCATION: North of and adjacent to WCR 54; approximately 1/4 mile east of WCR 17
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 24.7 of the
Weld County Zoning Ordinance.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan.
The property is zoned Agriculture and the proposed use is compatible with those uses listed
as an agricultural support service. The Weld County Comprehensive Plan encourages
more intense agricultural uses to develop in the agricultural parts of the County.
A.Goal 4. Provide a mechanism for the division of land which is agriculturally zoned. The
intent of this goal should be to maintain and enhance the highest level of agricultural
productivity in Weld County. This application has been submitted in conjunction with
Amended Recorded Exemption 172 and Recorded Exemption 2822, and together will
enhance agricultural production on this site.
A.Goal 2.Allow commercial and industrial uses which are directly related to or dependent
upon agriculture to locate within Agricultural zoning when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are available. This
case has been reviewed by referral agencies and Weld County government, and the use
when applied with the Conditions of Approval, has been determined to satisfy this goal.
b. Section 24.3.1.2--That the proposal is consistent with the intent of the district in which the
use is located. The intended use is agricultural in nature and will enhance the agricultural
economic base of the County. Section 31.4.2 allows for the Use by Special Review in the
Agricultural Zone District.
2001-0015
RESOLUTION, USR-1296
Fay and Mary Schultz
Page 2
c. Section 24.3.1.3 --That the uses which would be permitted will be compatible with the
existing surrounding land uses. The surrounding properties are zoned Agricultural and
most are in field production with several farm residences located in and around the site.
The applicant is proposing to utilize several of the existing out buildings on the site.
Conditions of Approval and Development Standards will ensure the use will be compatible
with existing surrounding land uses.
d. Section 24.3.1.4 --That the uses which would 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 the comprehensive plan or master plans of affected
municipalities. Referrals were sent to the City of Greeley, Town of Johnstown and Town
of Milliken. Johnstown and Milliken responded with no conflicts,and the City of Greeley did
not respond. This property is referenced in the Town of Johnstown future urban growth
area,however,an Inter-governmental Agreement has not been established between Weld
County and the Town of Johnstown.
e. Section 24.3.1.5--That the application complies with the Weld County Zoning Ordinance,
Section 50,Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by Weld County. No overlay districts influence
this property.
f. Section 24.3.1.6--That if the use is proposed to be located in the Agricultural district,that
the applicant has demonstrated a diligent effort has been made to conserve prime
agricultural land in the locational decision for the proposed use. The existing parcel size
of seven (7) acres makes conventional farming practices impractical for this site. The
proposed high intensity greenhouse use will far exceed the historic farm output use of this
site. The soils on the site are classified as Colby Loam and are suitable for the proposed
use.
g. Section 24.3.1.7 -The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance),
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 the County. Water to the site is existing and available from Little
Thompson Water District, and sanitary sewer is provided by an individual septic disposal
system. The Johnstown Fire Protection District is working with the applicant to resolve all
fire related issues for the site.
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. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners.
RESOLUTION, USR-1296
Fay and Mary Schultz
Page 3
2. The applicant identified two-way traffic entering the facility then splitting one-way traffic around the
landscaped island to the parking area. The external loop around the green house area shall be
designed to accommodate semi-truck traffic turning radiuses throughout the facility.
3. Prior to recording the plat:
A. The western portion of the circle drive shall be closed. The applicant shall utilize and
improve the main access to the facility including an adequate turning radius and an
adequate drainage culvert. The improvements must be approved by Weld County Public
Works and identified on the plat drawing.
B. The existing residence is proposed to be a future retail site. The applicant shall place on
the plat additional future retail parking adjacent to the facility.
C. The off-street parking spaces including the access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
D. Each parking space shall be equipped with wheel guards or curb blocks when necessary
to prevent vehicles from extending beyond the boundaries of the space and coming into
contact with other vehicles,walls,fences, or planters.
E. The minimum number of off-street parking spaces for the type of land use shall be
determined by Planning Services.
F. The applicant shall place appropriate traffic signing throughout the facility and a"stop"sign
at WCR 54.
G. The applicant shall submit and receive approval of a waste handling plan. The
Environmental Health Services Division of the Weld County Department of Public Health
& Environment shall approve such plan.The plan shall include at a minimum,the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
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)
H. The applicant shall submit a screening plan, for any outdoor storage area, loading areas
and trash dumpsters, to the Department of Planning Services, for review and approval.
4. The Plat shall be amended to delineate the following:
A. The existing residence is proposed to be a future retail site. The applicant shall place on
the plat additional future retail parking adjacent to the facility.
B. The future parking and entrance shall match the opposite side of the proposed parking
area.
RESOLUTION, USR-1296
Fay and Mary Schultz
Page 4
C. The applicant shall indicate on the plat within the ADA parking space and the unloading
zone area.
D. The applicant shall reserve an additional 10-foot of right-of-way adjacent to WCR 54 for
future build out of the collector status road.
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Cathy Clamp
Fred Walker
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
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,Trisha Swanson, 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 December 5, 2000.
Dated the 5th of December, 2000.
V �LtcIL 5L
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Fay and Mary Shultz
USR-1296
1. The Site Specific Development Plan and Special Use Permit for an Agricultural Service
Establishment primarily engaged in agricultural,animal husbandry,or horticultural services on a fee
or contract basis for a wholesale/retail nursery in the A (Agricultural) Zone, as indicated in the
application materials on file in the Department of Planning Services and subject to the Development
Standards stated hereon. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning Services)
3. Hours of operation are from 8:00 a.m. to 6:00 p.m., seven days per week with extended hours of
7:30 a.m. to 7:30 p.m. in the months of April and May, as indicated in the application materials.
(Dept. of Planning Services)
4. The facility will consist of an expansion to an existing structure of 85'x240', a retail greenhouse
120'x120',two wholesale greenhouses each 120'x120',and a retail sales office 40'x80',as proposed
in the application materials. All appropriate permits must be obtained prior to construction. (Dept.
of Planning Services)
5. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the Agricultural Zone District. (Dept. of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Dept. of Public Health)
7. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health)
9. Fugitive dust shall be controlled on this site. (Dept. of Public Health)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S., as amended. (Dept. of Public Health)
11. Adequate toilet facilities shall be provided for the public and employees. (Dept. of Public Health)
12. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Dept. of Public Health)
13. The facility shall utilize the existing public water supply(Little Thompson Water District).
14. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Dept. of Public Health)
15. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division.(Dept.of Public Health)
16. The application materials indicate the existing residence shall serve as a possible future retail site.
At that time,the 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. (Dept. of Public Health)
17. All construction on the property shall be in accordance with the requirements of the Weld County
Building Inspection Department. (Dept. of Building Inspection)
18. Separate building permits are required for all monument signs. Signs shall adhere to Section 42
of the Weld County Zoning Ordinance. (Dept. of Building Inspection)
19. Electrical permits shall be obtained for all electrical work, including electrical permits for any site
lighting or irrigation equipment. (Dept. of Building Inspection)
21. Complete site plans or building plans shall be submitted to the appropriate fire district for review.
(Dept. of Building Inspection)
22. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Building Inspection Department or the Johnstown Fire Protection
District. (Dept. of Building Inspection)
23. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Dept. of Planning Services)
24. The trash receptacle,loading area and any outside storage(except display items for sale)must be
screened from all adjacent properties and public rights-of-way. (Dept. of Planning Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
28. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
29. 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.
30. 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.
31. 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. (Dept. Of Planning Services)
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