HomeMy WebLinkAbout20010016.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Fay and Mary Shultz Case Number USR 1296
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Field check by Planning Commissioner x
5 Letter to Applicant X
6 Legal Notifications(2 pages) X
7 Application X
8 Preliminary Drainage Report - None
9 Referral list X
10 DPS Building Inspection X
11 WC Public Works X
12 Town of Milliken x
13 WC Health and Environment X
14 DPS Zoning Compliance X
15 Town of Johnstown X
16 Deed (5 pages) X
17 Surrounding Property Owners ( 15 pages) X
18 Soil Survey(20 pages) X
19 Certificate of Conveyance and other legal info
I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office. n• , `
Monica Daniels-Mika , Director
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS day of 19 .
aro
2001-0016
hiDe LANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1296 Hearing Date: December 5, 2000
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
Size of Parcel: 7 acres +/-
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received referral responses from the following
agencies:
• Weld County Department of Building Inspection received 9/19/00
• Weld County Department of Public Works received 10/10/00
• Town of Milliken received 10/13/00
• Weld County Department of Health and Environment received 10/3/00
• Weld County Zoning Compliance received 9/29/00
• Town of Johnstown received 9/22/00
The Department of Planning Services' staff has not received responses from the following
agencies:
• The City of Greeley
• Johnstown Fire Protection District
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'11th SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
"DC.
COLORADO
PLANNER: Monica Daniels-Mika
CASE NUMBER: USR-1296 HEARING DATE: December 5, 2000
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
SIZE OF PARCEL: 7 acres +/-
PARCEL NUMBER: 0957 21 000016
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED 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 Department of Planning Services's staff 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.
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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.
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.
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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 Department of Planning Services's staff 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.
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.
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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.
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.
5
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 4:30 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)
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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.
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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)
wpfi Ies\wen di\mon ica\us r1296co m m ents
8
OF PLANNING SERVICES
IlDDEPARTMENTPHONE (970)F5X 1 , E304-6498
4.6498
CFAX (970)7TH AVENUE
4-6
1555 N. 17TH
COLORADO GREELEY, COLORADO 80631
September 15, 2000
Fay and Mary Shultz
3912 21'Street Road
Greeley, CO 80634
Subject: USR-1296- Request for a Site Specific Development Plan and Use by Special Review Permit for
an Agricultural Service Establishment for a Retail/Wholesale Greenhouse on a parcel of land
described as Lot B of RE172; being part of the W2 of Section 21, T5N, R67W of the 6th P.M.,
Weld County, Colorado.
Dear Mr. and Mrs. Shultz:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for December 5,2000,at 1:30 p.m. This meeting will
take place in Room 210,Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Greeley,Johnstown and Milliken
Planning Commission's for their review and comments. Please call City of Greeley at 970-350-9780; Town
of Johnstown at 970-587-4664; and the Town of Milliken at 970-587-4331 for further details regarding the
date,time,and place of these meetings. It is recommended that you and/or a representative be in attendance
at the Greeley, Johnstown and Milliken Planning Commission meetings to answer any questions the
Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
M2caaniels-Mikl EXHIBIT
Director I
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FIELD CHECK
CASE NUMBER: USR-1296 DATE OF INSPECTION: c1/4/U0
APPLICANT'S NAME: Fay and Mary Shultz
PLANNER: Monica Daniels-Mika
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service
Establishment for a Retail/Wholesale Greenhouse.
LEGAL DESCRIPTION: Lot B of RE172; being part of the W2 of Section 21, T5N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent cyWCR 54; pproximately 1/4 mile east
LAND USE:
N (21/7/142 7-1710 ,7,4 2 S
E
1 f' /t/oi9/L E N0/VA
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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P.C. Member
EXHIBIT
PLANNING STAFF FIELD CHECK
USR 1296 AND RE 2822
PROPERTY LOCATION: 8275 WCR 54
LAND USE:
N: Farm residence, crop production
S: Farm residence, crop production
E: Farm production
W: Farm production
SUMMARY
The site is presently in farm production (corn stubble). The site has several farm accesses and
two accesses associated with the proposed RE lot. The site has several large trees around the
proposed Lot A of the recorded exemption. The site is generally flat but does flow into a valley
area located around the improvements. The site is generally in good condition with no apparent
code violations. WCR 54 is a paved County Road.
Monica Daniels-Mika, AICP
EXHIBIT
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