HomeMy WebLinkAbout20010014.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1296 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT FOR A
RETAIL/WHOLESALE GREENHOUSE IN THE A(AGRICULTURAL) ZONE DISTRICT
- FAY AND MARY SHULTZ
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 17th day
of January, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Fay and Mary Shultz, 3912 21st Street Road, Greeley, Colorado
80634, for a Site Specific Development Plan and Use by Special Review Permit#1296 for an
Agricultural Service Establishment for a Retail/Wholesale Greenhouse in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #172; located in part
of the W1/2 of Section 21, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present 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 -- This proposal is consistent with Chapter 22 of the
Weld County Code and any other applicable code provisions or
ordinances in effect. The property is zoned Agriculture and the proposed
use is compatible with those uses listed as an agricultural support
service. Chapter 22 encourages more intense agricultural uses to
develop in the agricultural parts of the County. To meet the intent of
Section 22-2-60.D.1, 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. This case has been
n 2001-0014
Pc: Pc, iljtP) , p&oI App' PL1466
SPECIAL REVIEW PERMIT #1296 - FAY AND MARY SHULTZ
PAGE 2
reviewed by referral agencies and Weld County departments, and the
use when applied with the Conditions of Approval, has been determined
to satisfy Section 22-2-60.B.1.
b. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the A
(Agricultural) Zone District. The intended use is agricultural in nature and
will enhance the agricultural economic base of the County. Section 23-3-
40.6 allows for the 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. 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. The
Conditions of Approval and Development Standards will ensure the use
will be compatible with existing surrounding land uses.
d. Section 23-2-230-B.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 other applicable code
provisions or ordinances in effect, or adopted Comprehensive Plans 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's Future
Urban Growth Area; however, an Intergovernmental Agreement has not
been established between Weld County and the Town of Johnstown.
e. Section 23-2-230.B.5 -- No overlay districts influence this property.
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 existing parcel is seven (7) acres and 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 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 the County.
Water to the site is existing and available from the Little Thompson Water
District, and sanitary sewer is provided by an Individual Sewage Disposal
2001-0014
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SPECIAL REVIEW PERMIT#1296 - FAY AND MARY SHULTZ
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System (I.S.D.S.) The Johnstown Fire Protection District is working with
the applicant to resolve all fire related issues for the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Fay and Mary Shultz for a Site Specific
Development Plan and Use by Special Review Permit#1296 for an Agricultural Service
Establishment for a Retail/Wholesale Greenhouse in the A (Agricultural) Zone District on the
hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. 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.
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 greenhouse 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 the Weld County Department of
Public Works and identified on the plat drawing.
B. 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.
C. 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.
D. The applicant shall place appropriate traffic signing throughout the facility
and a "Stop" sign at Weld County Road 54.
E. 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 and Environment shall approve said plan.
The plan shall include, at a minimum, the following:
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SPECIAL REVIEW PERMIT#1296 - FAY AND MARY SHULTZ
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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).
F. 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 either a future retail site or an
accessory residential structure. The applicant shall indicate additional
future retail parking adjacent to the facility on the plat.
B. The applicant shall indicate the ADA parking space and the unloading
zone area on the plat.
C. The applicant shall reserve an additional 10 feet of right-of-way adjacent
to Weld County Road 54 for future build out of the collector status road.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , 4 ff kia EXCUSED DATE OF SIGNING (AYE)
�'' J M. J. eile, Chai
Weld County Clerk to . Bo$td
(R5i a 4 7g ,,
�p �jk }) _ Glenn Vaad, Pro
BY: �i lo- ��i,'..._ ..'. �
Deputy Clerk to the cf fcl; --s i
Wil . Jerke
APPROV D AS TO FO • &_) v..;,� \. c�4`
vi E. Lori ��
I\
nty Attor
Robert D. Masden
2001-0014
PL1466
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FAY AND MARY SHULTZ
USR#1296
1. The Site Specific Development Plan and Use by Special Review Permit #1296 is 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 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. 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.
4. The facility will consist of an expansion to an existing structure of 85 feet by 240 feet, a
retail greenhouse measuring 120 feet by 120 feet, two wholesale greenhouses each 120
feet by 120 feet, and a retail sales office measuring 40 feet by 80 feet, as proposed in the
application materials. All appropriate permits must be obtained prior to construction.
5. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
6. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103 C.R.S.
11. Adequate toilet facilities shall be provided for the public and employees.
12. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5, Colorado Water Quality Control
Act and Rules and Regulations.
13. The facility shall utilize the existing public water supply (Little Thompson Water District).
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DEVELOPMENT STANDARDS - FAY AND MARY SHULTZ (USR#1296)
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14. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed facility and
shall be installed according to the Weld County I.S.D.S. Regulations. The septic system
is required to be designed by a Colorado Registered professional engineer according to the
Weld County I.S.D.S. Regulations.
15. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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 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.
17. All construction on the property shall be in accordance with the requirements of the Weld
County Department of Building Inspection.
18. Separate building permits are required for all monument signs. Signs shall adhere to
Section 23-4-70 of the Weld County Code.
19. Electrical permits shall be obtained for all electrical work, including electrical permits for any
site lighting or irrigation equipment.
20. Complete site plans or building plans shall be submitted to the appropriate fire district for
review.
21. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Department of Building Inspection or the Johnstown Fire
Protection District.
22. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
23. 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.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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DEVELOPMENT STANDARDS - FAY AND MARY SHULTZ (USR#1296)
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26. 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.
27. 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.
28. 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.
29. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued, on the property until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
2001-0014
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