HomeMy WebLinkAbout20001927.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1277 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (MIXING,
BLENDING, STORAGE, AND WHOLESALE OF HERBAL PRODUCTS IN THE
A (AGRICULTURAL) ZONE DISTRICT - EARTH BALANCE, INC.
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 6th day of
September 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Earth Balance, Inc., 9521 Weld County Road 48.5, Milliken, Colorado
80543, for a Site Specific Development Plan and Use by Special Review Permit #1277 for an
Agricultural Service Establishment (mixing, blending, storage, and wholesale of herbal
products) in the A (Agricultural) Zone District on the following described real estate, to-wit:
SW1/4 NE1/4 of Section 3, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Wilma Andrews, on behalf of Anita
Comer, authorized agent, at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony anti
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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- The proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." The proposed use is located in an area designated as
"other" farm ground by the U.S.D.A. "Important Farmlands of Weld
County, Colorado" map dated 1979. As a result of this designation, no
prime farm land will be taken out of production. A.Goal 2 allows
commercial uses which are directly related to agriculture to locate within
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SPECIAL REVIEW PERMIT #1277 - EARTH BALANCE, INC.
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Agricultural zoning when the impact on surrounding properties is minimal
and where an adequate infrastructure is available. The proposed use is
directly related to agriculture and agricultural products, it will be served by
the Little Thompson Water District, and an existing, permitted, septic
system is in place.
b. Section 24.4.2.2 —The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 31.4.21 of the Weld County Zoning
Ordinance lists "uses similar to the uses listed as Uses by Special Review
as long as the use complies with the general intent of the Agricultural
Zone District." The Department of Planning Services has determined that
the mixing, blending, storage and wholesale of herbal products are uses
similar to other agricultural uses as defined in the Weld County Zoning
Ordinance and meets the general intent of the A (Agricultural) Zone
District. Applicable or related types of applications from Section 31 4.2 of
the Weld County Zoning Ordinance include:
1) Sorting, grading and packing of fruits and vegetables
2) Grain and Feed Sales
3) Seed production, processing, storage, mixing, blending and sales
c. Section 24.4.2.3— The proposal is consistent with Section 24.3.".3 of the
Weld County Zoning Ordinance and will be compatible with future
development of the surrounding area. The surrounding area consists of
agricultural, residential, and commercial uses including the Mad Russian
Restaurant and Golf Course, as well as a Liquor Store. There are two
residences located in close proximity to the proposed site. The existing
building will be maintained in its current condition and a storage shed is
proposed at a future date. Additionally, all staff and visitor parking will be
on-site. The proposed use will be compatible with future development of
the surrounding area.
d. Section 24.4.2.4 — The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The
proposal is not located within an IJrban Growth Boundary of any
municipality and the Towns of Johnstown and Milliken indicated no
conflict with their interests.
e. Section 24.4.2.5 — The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.7 —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
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SPECIAL REVIEW PERMIT #1277 - EARTH BALANCE, INC.
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the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Earth Balance, Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1277 for an Agricultural Service
Establishment (mixing, blending, storage, and wholesale of herbal products) in the
A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereoy 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 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 60 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall submit a scaled Landscaping and Screening Plan to
the Department of Planning Services for review and approval. The
Landscaping Plan shall indicate location and species of all plant
materials, the planting implementation schedule, and the landscape
maintenance plan, as well as the location and type of screening to be
used.
B. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on ate
(include anticipated types and volumes of waste).
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's name, address and phone number.
3. The plat shall be amended to delineate the approved Landscape and Screening
Plan.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
LL
W LD COUNTY, COLORADO
ATTEST: `. .y Barbara J.Q _ meyer, Chair e
Weld County Clerk t. her
77 '7/1
1861 r� O ��L dz./J. -`--
"1\ `J yo, Pro-Temf-
BY:
Deputy Clerk to t < ' 1 � ,t . _
N ti orge'E Baxter
-., tee,
APPROVED AS TO FORM: -
-� ' 1 Da . Hall
?i
f'
A to ey �2l____
�/
Glenn Vaa
f
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EARTH BALANCE, INC.
USR#1277
1. A Site Specific Development Plan and Use by Special Review Permit #1277 is for an
Agricultural Service Establishment (mixing, blending, storage and wholesale of herbal
products) 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 90 of the Weld
County Zoning Ordinance.
3. The hours of operation are day-light hours, seven days a week, as indicaled in the
application materials.
4. The off-street parking, including the access drive, shall be surfaced with gravel, recycled
asphalt, asphalt, concrete, or equivalent and be graded to prevent drainage problems. Off-
street parking areas for vehicles shall be designed and constructed in accordance with
Section 41.1.2.1 of the Weld County Zoning Ordinance. The applicant shall delineate on
the plat a minimum of 16 parking spaces and shall maintain an adequate circulation pattern
for the vehicles. Two additional loads of base course shall be placed at the entrance to
match the remaining portion of the parking lot.
5. No parking or staging of vehicles shall occur on Weld County Road 46.5.
6. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Ordinance #169-A.
5. All proposed or existing structures will meet the minimum setback and offset requirements
for the zone district in which the property is located. Pursuant to the definition of setback
in the Weld County Zoning Ordinance, the required setback is measured from the future
right-of-way line.
6. Any future structures or uses on site must obtain the appropriate zoning and building
permits.
7. All liquid and solid wastes shall be stored and removed for the final disposal in a manner
that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site.
9. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. The maximum permissible noise level shall adhere to the maximum permissible noise levels
allowed in the Commercial Zone as delineated in Section 25-12-102, C.R.S.
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11. Adequate toilet facilities shall be provided for employees. The facility shall utilize the
existing septic system on site.
12. The facility shall utilize the existing public water supply. (Little Thompson Water District)
13. Any lighting used to illuminate the parking, storage, outside activity area, sign or other
structure shall be arranged as to deflect light away from any adjoining residential zone and
from county roads. Any lighting shall be designed, located, and operated in such a manner
as to meet the following standards:
a) Sources of light shall be shielded so that beams or rays of light will not shine directly
onto adjacent properties
b) Neither the direct or reflected light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets.
14. The trash receptacle shall be screened from all adjacent properties and public rights-of-
way and prevent the scattering of trash.
15 All outside loading,service,or storage areas must be screened with an opaque screen from
the public right-of-way and adjacent properties. Chain link fencing with slats or pallets is
not an acceptable screening material. Plant material shall be used extensively to soften the
appearance of the screen.
16. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance.
17 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 hereon and all applicable Weld County regulations.
18. 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 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.
19. 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.
20. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance and all applicable fire codes.
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21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
22. 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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