HomeMy WebLinkAbout20001929.tiff We'd Cr' -,v Ill:vloing Dept
INVENTORY OF ITEMS FOR CONSIDERATION R C I., 1 E D
Applicant Earth Balance, Inc. Case Number USR-1277
Submitted nr I'reparei
Prior to At
Hearing l-lcarint
' Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services Field Check Form X
4 Field check by Planning Commissioner
5 Letter to Applicant X
6 Legal Notifications(2 pages) X
7 Application(6 pages) X
8 Referral list X
9 Weld County Code Enforcement,referral received 07-21-00. X
10 Department of Health&Environment, referral received 06-19-00. X
II Department of Public Works, referral received 06-26-00. X
12 Weld County School District Re-5J, referral received 06-19-00. X
13 Town of Johnstown,CO, referral received 06-30-00. X
14 Town of Milliken, CO, referral received 06-15-00 X
15 Johnstown Fire Protection District,referral received 07-12-00. X
16 Soils Conservation District, referral received 07-08-00. X
17 8 %2 X 11 maps submitted by applicant(3 pages) X
18 Deed/Certificate of Conveyance X
19 Surrounding Property Owners( 14 pages) X --�
20 Soil Survey(5 pages) X
21 Utilities X
22 Sign Posting Photograph X
Item(s)submitted at Planning Commission
2000-1929
11 ex Irl1
I hereby certify that the 22 items identified herein(Inventory of Items for Consideration USR-1277) were submitted
at or prior to the scheduled Planning Commission Hearing.I further certify that these items were forwarded to the Weld
County Clerk to the Board's Office.
Robert Anderson,Planner
LAND USE APPLICATION
WiiDc• SUMMARY SHEET
COLORADO
Case #: USR-1277 Hearing Date: August 01,2000
Applicant: Earth Balance, Inc. Planner: Robert Anderson
9521 WCR# 48 %2
Milliken, CO 80534
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service (Mixing, Blending, Storage & Wholesale of Herbal Products) Establishment
in the Agricultural Zone District.
Legal: Lot A/RE-889, PT. SW4/NE4, SEC 7, T4N, R67W, 6TH PM., Weld County. CO
Location: North of and Adjacent to WCR 48 %& 1/3 Mile West of State Hwy 257
Parcel #: 1059 03 000 038 Size of Parcel: 1.50 +;• Ac ns
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 responses from the following agencies
• Weld County Department of Public Health and Environment, received June 19, 2000
• Weld County Department of Public Works, received June 26, 2000
• Town of Johnstown, received June 30, 2000
• Weld County School District RE-5J, received June 19, 2000
• Weld County Code Enforcement Department, received July 17, 2000
• Johnstown Fire Protection District, received July 12, 2000
• Town of Milliken, received June 15, 2000
• Weld County Soils Conservation District received July 8, 2000
EXIST
1 12
Rr
4164 SPECIAL REVIEW PERMIT
WI`De. ADMINISTRATIVE REVIEW
COLORADO
Case #: USR-1277 Hearing Date: August 01, 2,100
Applicant: Earth Balance, Inc. Planner: Robert Anderson
9521 WCR 48 '/z
Milliken, CO 80534
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service(Mixing, Blending, Storage & Wholesale of Herbal Products) Establishment
in the Agricultural Zone District.
Legal: Lot A/RE-889, PT. SW4/NE4, SEC 7, T4N, R67W, 6"l PM., Weld County, CO
Location: North of and adjacent to WCR #48 '/2 & 1/3 Mile West of State Hwy 257
Parcel #: 1059 03 000 038 Size of Parcel: 1.50 -1/- Acres
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, as amended.
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 -- The proposal is consistent with the Weld County Comprehensive
Plan. A. Goal 1 states "preserve prime farmland for agricultural purposes whitlt
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 locatr wuhin
Agricultural zoning when the impact on surrounding properties is minimal mul
where adequate infrastructure is available. The proposed use is directly related to
agriculture and agricultural products, will be served by Little Thompson W.ner
District and an existing, permitted, septic system is in place.
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b. Section 24.3.1.2 -- The proposed use is consistent with the intent of the Agrrcultur al
Zone District. Section 31.4.21 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 & Wholesale of Herbal Products is a similar use to other
agricultural uses as defined in the Weld County Zoning Ordinance and meets tite
general intent of the Agricultural Zone District. Applicable or related hypes .)f
applications from Section 31.4.2 - "Agricultural Service establishments primani�'
engaged in per forming agricultural, animal husbandry, or horticultural sen ices m
a fee or contract basis,"include:
• Sorting, grading and packing of fruits and vegetables
• Grain and Feed Sales
• Seed production, processing, storage, mixing, blending and sales
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld
County Zoning Ordinance and will be compatible with future development of the
surrounding area. The surrounding area consists of agricultural, residential :it'd
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 wi I I he on-
site. The proposed use will be compatible with future development of the
surrounding area.
d. Section 24.3.1.4 --The proposed uses will be compatible with future development of
the surrounding area as permitted by the 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 Urban Growth
Boundary of any municipality and the Towns of Johnstown and Milliken indicat::d
in their referral responses, "no conflict with their interests".
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), Conditions of Approval, and Development
Standards ensure that there arc adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and county.
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.
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The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted mid
placed on the Special Review Plat prior to recording the plat. The completed plat shall he
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(. ounly
Commissioners.
2. Prior to recording the plat:
A. 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 site to
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,
to include the facility name, address and phone number.
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Earth Balance,Inc.
USR-1277
A Site Specific Development Plan and a Special Review Permit for an Agricultural Sen.R e
(Mixing, Blending, Storage & Wholesale of Herbal Products) Establishment in the
Agricultural Zone District, 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. The hours of operation are day-light hours, seven days a week, as indicated in the application
materials. (Dept. of Planning Services)
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. O1(-
street parking areas for vehicles shall be designed and constructed in accordance to Section
41.1.2.1 of the Weld County Zoning Ordinance Standards. 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 mat(h
the remaining portion of the parking lot. (Dept. of Planning Services, Dept. of Public
Works)
No parking or staging of vehicles shall occur on Weld County Road 46 /. (Dept. of
Planning Services, Dept. of Public Works)
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 169A. (Dept. of Planning Services, Dept. of Public Works l
5. All proposed or existing structures will or do 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 horn the
future right-of-way line.
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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. (Dept. of Public Health and
Environment)
8. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and
Environment)
9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health)
10. The maximum permissible noise level shall adhere to the maximum permissible noise le\els
allowed in the Commercial Zone as delineated in Colorado Revised Statutes (CRS)
25-12-102,. (Dept. of Public Health)
11. Adequate toilet facilities shall he provided for employees. The facility shall utilize the
existing septic system on site. (Dept. of Public Health)
12. The facility shall utilize the existing public water supply. (Little Thompson Water District,
Dept. of Public Health)
13. Any lighting used to illuminate the parking, storage, outside activity area, sign or oilier
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: sources of light shall be shielded so that beams or lays
of light will not shine directly onto adjacent properties; 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. (Dept. of Planning Services)
14. The trash receptacle shall he screened from all adjacent properties and public rights of wry
and prevent the scattering of Trash. (Dept. of Planning Services)
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. (Dept. of Planning Services)
16. Any proposed signagc shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning
Services)
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17. Personnel from the Weld County Department of Health and Environment and Weld County
Department of 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. (Dept of
Planning Services)
18. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, and all applicable fire codes. (Dept. of Planning
Services)
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, as amended. (Department of
Planning Services)
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, as amended. (Dept- of
Planning Services)
21. 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 'plan
amendment of the Permit by the Weld County Planning Commission 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. (Dept. of Planning Services)
22. 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. (Dept.
of Planning Services)
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Kit
WI I D DEPARTMENT OF PLANNING SERVICES
�. PHONE (970) 35 3-6100, 3046498
FAX X (9(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
June 13, 2000
Nancy Fox
604 46'" Ave. Ct
Greeley, CO 80634
Subject: USR-1277- Request for a Site Specific Development Plan and Special Review Permit for the
Mixing, Blending, Storage, and Wholesale of Herbal Products in the A(Agricultural)Zone District
on a parcel of land described as Lot A, RE-889, Part of the SW4/NE4 of Section 3, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Fox:
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 August 1,2000,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 Johnstown and Milliken Planning
Commissions for their review and comments. Please call the 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 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,
Robert Anderson
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FIELD CHECK INSPECTION DATE: 06-22-00
CASE NUMBER: USR - 1277
APPLICANT: EARTH BALANCE, INC
LEGAL LOT A/RE-889, PT. SW4/NE4 SEC 4, T4N, R67W,
DESCRIPTION: 6TH PM, WELD COUNTY, CO
LOCATION: N/ADJ WCR 48 '1 & 1/3 MILE W ST HWY 257
Zonina Land Use
N A (AGRICULTURE) N MAD RUSSIAN GOLF COURSE,
E A (AGRICULTURE) E AGRICULTURE/RESIDENCES
5 A (AGRICULTURE) S LIQUOR STORE, TOWN OF MILLIKEN
W A (AGRICULTURE) W AGRICULTURE/ RESIDENCES
COMMENTS:
• NO APPARENT VIOLATIONS
• VERY CLEAN AND EFFICIENT OPERATION
Robert Anderson,
Planner
EXPIMIT
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