HomeMy WebLinkAbout20000174 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1251 FOR A COMMERCIAL GREENHOUSE/GARDEN CENTER IN THE
A (AGRICULTURAL) ZONE DISTRICT - PAT AND AMANDA WEAKLAND
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 26th day
of January, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Pat and Amanda Weakland, 6461 Highway 392, Windsor, Colorado
80550, for a Site Specific Development Plan and Special Review Permit#1251 for a
Commercial Greenhouse/Garden Center in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot B of Recorded Exemption #1425, being part of
the E1/2 SW1/4 of Section 18, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicants were present 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 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 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 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "...to preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. soils maps indicate that the soils on this
property are prime. The property currently is being utilized for residential
and some agricultural purposes; however, it is approximately ten acres in
size and located within the floodplain. A greenhouse is an agricultural
type use and, because of the limits on the property, would be a good use
of the property. A.Policy 1 states, "Agricultural zoning will be established
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SPECIAL REVIEW PERMIT#1251 - WEAKLAND
PAGE 2
and maintained to protect and promote the County's agricultural industry."
Water is provided by the North Weld County Water District and additional
water is available from the New Cache La Poudre Irrigating Company.
The sewage disposal will be I.S.D.S. septic systems.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.2 describes Agricultural
Service Establishments primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, as
a Use by Special Review in the A (Agricultural) Zone District. A
commercial greenhouse, as stated previously, is an agricultural type use
and is consistent with the intent of the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The proposal is compatible with future development of
the surrounding area. The surrounding area consists of residences and
agricultural uses, mainly pasture lands, a commercial nursery and
landscaping business and some commercial uses. The application is for
a commercial greenhouse, with one to ten employees and a minimal
amount of equipment. This proposal is consistent with surrounding land
uses and will be compatible with the 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. This
proposal lies within the Urban Growth Boundary of the Town of Windsor.
A referral was received from the Town of Windsor, with several
recommendations for Conditions of Approval and Development
Standards.
e. Section 24.4.2.5 -- The proposal is located within the One-Hundred (100)
Year Flood Plain, as shown on FIRM panel map number 080266-0605D.
The applicant has applied for a Flood Hazard Development Permit
(FHDP-353), which will be completed and approved prior to the release of
any building permits.
f. Section 24.4.2.6 -- The property is designated as prime farmground;
however, due to the size of the parcel and it's location in the floodplain,
the use of the property as farmground is not conducive.
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 County.
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PL1372
SPECIAL REVIEW PERMIT#1251 - WEAKLAND
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Pat and Amanda Weakland for a Site Specific
Development Plan and Special Review Permit#1251 for a Commercial Greenhouse/Garden
Center 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 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. Prior to recording the plat:
A. The applicant shall submit a landscaping plan, particularly for the south
side of the property adjacent to State Highway 392, to the Department of
Planning Services for review and approval.
B. 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.
C. The applicant shall submit a storm water drainage plan to the Department
of Public Works for review and approval. Copies of the approved plan
shall be submitted to the Department of Planning Services.
D. The applicant shall submit a waste handling plan to the Weld County
Department of Public Health and Environment, Division of Environmental
Health. 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
including waste water from the greenhouses).
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).
E. The plat shall be amended to delineate the following:
1) The approved landscaping plan.
2) The approved screening plan.
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PL1372
SPECIAL REVIEW PERMIT#1251 - WEAKLAND
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3) The approved storm water drainage plan and overflow parking
area.
4) Seventy-five (75) feet north of State Highway 392 centerline right-
of-way reservation.
F. The applicant shall submit evidence of attempts to address any concerns
of the Windsor-Severance Fire District to the Weld County Department of
Planning Services.
G. The applicant shall submit evidence of attempts to address the
recommendations of the Town of Windsor to the Weld County
Department of Planning Services.
H. 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.
I. The applicant shall enter into an Improvements Agreement for on-site
improvements to pave the approach road and parking area, according to
Department of Public Works standards. The improvements shall be
completed within four years of approval of the Site Specific Development
Plan and Special Review Permit#1251.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of January, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
Le W D COUNTY, COLORADO/
ATTEST: / �'� 7 , i m
Barbara J.rkmeyer, Chair
Weld County Clerk to th 'o- -
r« '- l . J. eile, Pro-Tem
BY: r� O�:d,'%. Wit, C 1 /
Deputy Clerk to the B•a-ti-j/, , J EXCUSED
:r -a . Baxter 4
ArOVED AS TSZ.FORIV1
� i Dale K. Hall
bounty At orn y Z— ,�y[CG ll gte C%
Glenn Vaad---
2000-0174
PL1372
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PAT AND AMANDA WEAKLAND
USR#1251
1. The Site Specific Development Plan and Special Use Permit #1251 is for an Agricultural
Service Establishment primarily engaged in agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including a commercial greenhouse, 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 facility will consist of existing structures, two 41-foot by 72-foot steel framed
greenhouses with three future 30-foot by 96-foot greenhouses as proposed in the
application materials. All appropriate permits must be obtained prior to construction.
4. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
5. 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 the final disposal in a manner
that protects against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled,stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to Section 25-12-102, C.R.S.)
10. Adequate toilet facilities shall be provided for the public and employees.
11. An Individual Sewage Disposal System is required for the proposed greenhouse/office
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.
12. The facility shall utilize the existing public water supply(North Weld County Water District).
13. In the event that five (5) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a Storm Water Discharge Permit from
the Colorado Department of Public Health and Environment,Water Quality Control Division.
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DEVELOPMENT STANDARDS - WEAKLAND (USR#1251)
PAGE 2
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, according to Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations thereof.
15. The installation of any septic system within the One-Hundred (100) Year Flood Plain shall
comply with the Weld County I.S.D.S. Flood Plain Policy. In accordance with the Colorado
I.S.D.S. Regulations, no septic systems shall be installed within the floodway.
16. The existing, and any proposed, structures shall meet all building and fire codes.
17. 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.
18. Any proposed signage shall meet the Sign Ordinance for the Town of Windsor in effect at
the date of this Resolution, and require appropriate building permits.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
21. 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.
22. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing Development 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.
23. 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.
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PL1372
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