HomeMy WebLinkAbout20000175 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Christie Nickles that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Julie A. Chester (71
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CASE NUMBER: USR-1251
APPLICANT: Pat and Amanda Weakland
ADDRESS: 6461 Highway 392 3
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
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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.
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RESOLUTION, USR-1251
Pat Weakland
Page 2
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 24.3.1.6 -- 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 Planning Commission's 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. 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)
RESOLUTION, USR-1251
Pat Weakland
Page 3
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)
Motion seconded by Michael Miller.
RESOLUTION, USR-1251
Pat Weakland
Page 4
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nickles
John Folsom
Michael Miller
Bryant Gimlin
Stephen Mokray
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 18, 2000.
Dated the 18th of January, 2000.
Trisha Swanson
Secretary
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, two 41'X 72' steel framed greenhouses with three future
30' X 96' greenhouses 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 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.
13. The facility shall utilize the existing public water supply (North Weld County Water District). (Health
Dept.)
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.)
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