HomeMy WebLinkAbout20000176 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Pat and Amanda Weakland Case Number USR-1251
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 Letter to Applicant X
5 Legal Notifications (j pages) X
6 Application (6 pages) X
7 Referral list X
8 Larimer County referral received 11/29/99 X
9 Division of Wildlife referral received 12/20/99 X
10 Letter from Town of Windsor dated 12/02/99 X
11 Town of Windsor staff recommendation received 12/28/99 X
(9 pages)
12 Weld County Public Works Dept. referral received 12/10/99 X
(3 pages)
13 Weld County Code Compliance referral received 11/19/99 X
14 Colorado Dept. Of Transportation referral received 12/08/99 X
15 Weld County Health Department referral received 12/01/99 X
16 Windsor/Severance Fire Protection District referral received X
12/02/99 (2 pages)
17 Weld County Building Inspection referral received 11/22/99 X
(3 pages)
18 81/2 X 11 maps submitted by applicant(4 pages) X
19 Deed X
20 Certificate of Conveyance (5 pages) X
21 Surrounding Property Owners (14 pages) X
22 Letter from North Weld County Water District dated 09/27/99 X
23 Certificate from New Cache La Poudre Irrigating Co. (2 shares) X
24 Soil Survey (13 pages) X
u ,14 2000-0176
I hereby certify that the 24 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.
(21ale;
Julie A. Chester + Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS /d?"`tay of of y1o?0OO
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NOTARY PUBLIC
MY COMMISSION EXPIRES 0cYC3/ &Ooa
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LAND APPLICATION
lURe. SUMMARY SHEET
COLORADO
Case Number USR-1251 Hearing Date: January 18, 2000
Applicant: Pat and Amanda Weakland
Address: 6461 Highway 392
Windsor, CO 80550
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including a commercial greenhouse.
Legal Description: Lot B of Recorded Exemption 1425, being part of the E2/SW4 of Section 18,
T6N, R67W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to State Highway 392, between Weld County Roads 13 and
15
Size of Parcel: 10.06 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 responses from the following agencies:
• Larimer County Planning Department, referral received 11/29/99
• Colorado Division of Wildlife, referral received 12/20/99
• Town of Windsor, referral received 12/06/99
• Town of Windsor, referral received 12/28/99
• Weld County Department of Public Works, referral received 12/10/99
• Weld County Zoning Compliance Officer, referral received 11/19/99
• Colorado Department of Transportation, referral received 12/08/99
• Weld County Department of Public Health and the Environment, referral received 12/01/99
• Windsor-Severance Fire Protection District, referral received 12/02/99
• Weld County Building Inspection Department, referral received 11/22/99
USR-1251, Weakland, Page 1
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Case Number: USR-1251 , Planner: Julie A. Chester
Applicant: Pat and Amanda Weakland Hearing Date: January 18, 2000
Address: 6461 Highway 392
Windsor, CO 80550
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including a commercial greenhouse.
Legal Description: Lot B of Recorded Exemption 1425, being part of the E2/SW4 of Section 18,
T6N, R67W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to State Highway 392, between Weld County Roads 13 and
15
Size of Parcel: 10.06 acres
PARCEL NUMBER: 0807-18-000064
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 --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, 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 and maintained
to protect and promote the County's agricultural industry. Water is provided by
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.
USR-1251, Weakland, Page 2
b. Section 24.3.1.2--This proposal is consistent with the intent of the A (Agricultural)
zone district. Section 31.4.2 describes a 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 Agricultural
zone district. A commercial greenhouse, as stated previously, is an agricultural
type use and is consistent with the intent of the Agricultural Zone District.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld
County Zoning Ordinance, as amended, and will be 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 24.3.1.4--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 24.3.1.5 -- The proposal is located within the 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.a 1.6--That if the use is proposed to be located in the A-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 property is
designated as prime farmgound, 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, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), Conditions of Approval, and Development
Standards ensure that there are 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.
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 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.
USR-1251, Weakland, Page 3
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. (Dept. of Planning)
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. (Dept. of Planning)
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. (Public Works)
D. The applicant shall submit a waste handling plan to the Environmental Health
Services Division of the Weld County Department of Public Health &
Environment. 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. (Dept. of Planning)
2) The approved screening plan. (Dept. of Planning)
3) The approved storm water drainage plan and overflow parking area. (Public
Works)
4) 75' 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. (Dept. 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.
(Dept. 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. (Dept. Of Planning
Services)
USR-1251, Weakland, Page 4
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 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,
as indicated in the application materials on file in the Department of Planning Services and
subject to the Development Standards stated hereon. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning Dept.)
3. The hours of operation are from 9:00 a.m. to 6:00 p.m., seven days per week in the months
of April through mid-July and 9:00 a.m. to 5:00 p.m. the remaining months, as indicated in
the application materials. (Planning Dept.)
4. The facility will consist of existing structures, a 41' X 72' steel framed greenhouse, with
three future 30' X 96' greenhouses, and a 30' X 40' wooden framed steel sided office
building, as proposed in the application materials. All appropriate permits must be
obtained prior to construction. (Planning Dept.)
5. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the Agricultural zone district. (Planning Dept.)
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 the final disposal in a
manner that protects against surface and groundwater contamination. (Health Dept.)
7. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
9. Fugitive dust shall be controlled on this site. (Health Dept.)
10. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A)
as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
11. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.)
12. An individual sewage disposal system is required for the proposed 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.
13. The facility shall utilize the existing public water supply (North Weld County Water District).
(Health Dept.)
USR-1251, Weakland, Page 5
14. 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
Water Quality Control Division of the Colorado Department of Public Health and the
Environment. (Health Dept.)
15. 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.
16. The installation of any septic system within the 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.
17. The existing, and any proposed, structures shall meet all building and fire codes. (Windsor-
Severance Fire Protection District, Building Inspection Dept.)
18. 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. (Planning Dept.)
19. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance. (Planning Dept.)
20. 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. (Planning
Dept.)
21. 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. (Planning
Dept.)
22. Personnel from the Weld County Health Department 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. (Planning Dept.)
23. 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 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. (Planning Dept.)
24. 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.
(Planning Dept.)
USR-1251, Weakland, Page 6
l/ip/o-v - iCI-1%/czp
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540_
FAX (970) 304-6498
AVENUE
1555 N. 17TH AVEN
GREELEY, COLORADO 80631
IllipC.
COLORADO
November 17, 1999
Pat Weakland
6461 Hwy 392
Windsor, CO 80550
Subject: USR-1251 - Request for a Site Specific Development Plan and Special Review Permit for an
Agricultural Service establishment primarily engaged in agricultural animal husbandry on a parcel
of land described as Lot B of RE-1425; part of the E2 SW4 of Section 18, Township 6 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Weakland:
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 January 18, 1999, 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 Windsor Planning Commission
for its review and comments. Please call the town of Windsor at 970-686-7476 for further details regarding
the date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Windsor Planning Commission meeting 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,1 of u s. .
Ju ie ChesternAiisTrgig
e
Planner
ifff ` e ''
FIELD CHECK inspection date:January 6, 2000
CASE NUMBER: USR-1251
APPLICANT: Pat and Amanda Wealzland
LEGAL DESCRIPTION: Lot B of RE-1425, pt of the E2/SW4 of Section 18,TON,R67W of
the 6`l'P.M.,Weld County,Colorado
LOCATION: North of and adjacent to State Highway 392, Between Weld County Roads
13 and 15
onino Land Use
N A (Agricultural) N Pasture lands, Agricultural
E A (Agricultural) E Town of Windsor, Commercial and
Residential uses
S A (Agricultural) S Nursery and landscaping, residential
uses
W A (Agricultural) W Some open lands, Larimer County,
Residential subdivisions and golf course
COMMENTS:
• On site: A residential structure and some outbuildings. No current zoning or building code
violations. The area where the greenhouse is to be built is on the south part of the property and is
vacant at this time. There is some fill dirt on site,possibly to raise the greenhouse out of the flood
plain,in accordance with FHDP-353. The use appears to be compatible with surrounding land uses.
The Town of indsor as mu icipal boundaries directly to the south,across Highway 392.
C\
Julie A. Chester, Lead Planner
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