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Home My WebLink About20001605 INVENTORY OF ITEMS FOR CONSIDERATION Applicant William & Mary Berg Case Number USR-1273 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 Field check by Planning Commissioner X 5 Letter to Applicant X 6 Legal Nlotifications (2 pages) X 7 Application (4 pages) X 8 Referral list X 9 Weld County Health Department referral received 5/24/00 X 10 Weld County Public Works Dept. referral received 5/16/00 X 11 Longmont Soil Conservation District referral received 6/15/00 X fq t 12 Mountain View Fire Protection District referral received 5/12/00 X 13 Weld County Building Inspection Dept. referral received 5/12/00 X 14 Town of Mead referral received 6/7/00 X 15 8 1/2 X 11 maps submitted by applicant ( pages) X 16 Deed X 17 Certificate of Conveyance X 18 Surrounding Property Owners (7 pages) X 19 Soil Survey(3 pages) X 20 Photograph of Public Notice sign dated 6/3/00 X 20 Items submitted at planning commission r 2000-1605 ris I hereby certify that the 20 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. ( �1 I B C>,lW Chris Gathman •: Current Planner a LAND USE APPLICATION ��'� • SUMMARY SHEET cor10RtADO Case Number: USR-1273 Hearing Date: June 20, 2000 Applicant: William & Mary Berg - Triple B Trees & Shrubs Address: 1234 WCR 343/4 Berthoud, CO 80513 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 wholesale/retail nursery. Legal Description: S1/2 of NW1/4 and the N1/2 of SW1/4 of Section 8, T3N, R68W of the Th P.M., Weld County, Colorado Location: East of and adjacent to WCR 3, South of and adjacent to WCR 34-3/4 Size of Parcel: 5+/- acres l iTh 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 Works, referral received 5/16/00 • Weld County Department of Public Health and Environment, referral received 5/24/00 • Mountain View Fire Protection District, referral received 5/12/00 • Weld County Department of Building Inspection, referral received 5/12/00 • Town of Mead, referral received 6/7/00 • Longmont Soil Conservation District, referral received 6/15/00 USR-1273, Triple-B Trees & Shrubs, Page 1 4§' 'ta SPECIAL REVIEW PERMIT r ADMINISTRATIVE REVIEW lilt CIDEDI "ADO Case Number: USR-1273 Planner: Chris Gathman Applicant: William & Mary Berg - Triple B Trees & Shrubs Hearing Date: June 20, 2000 Address: 1234 WCR 34-3/4 Berthoud, CO 80513 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 wholesale/retail nursery. Legal Description: S1/2 of NW1/4 and the N1/2 of SW1/4 of Section 8, T3N, R68W of the Th P.M., Weld County, Colorado Location: East of and adjacent to WCR 3, South of and adjacent to WCR 343/4 Size of Parcel: 5 +/- acres PARCEL NUMBER: 1207-08-000053 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 agricultural purposes (wholesale nursery) and it is approximately five acres in size. A.Policy 1 states Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry. Drinking water is provided by Little Thompson Water District and the irrigation water is planned to be provided through a holding pond. Applicants currently receive their irrigation water through the Little Thompson Water District. I have received verbal confirmation from the Little Thompson Water District that there is adequate water supply to service this business at this time. I have requested verification of this in writing from the Little Thompson Water District. Applicants have future plans to purchase shares of water and draw from the supply ditch through Consolidated Supply and Big Thompson Water Districts. This water would be stored in the proposed holding pond. This would only be done if additional water is needed at a USR-1273, Triple-B Trees & Shrubs, Page 2 future date. 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) rik'S 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 Agricultural zone district. A wholesale/retail nursery, 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 and will be compatible with future development of the surrounding area. The surrounding area consists of residences on larger acreages and agricultural uses, predominately crop and pasture lands. The application is for a wholesale/retail nursery with a maximum of eight employees (on their proposed 5 acre site) and a minimal amount of equipment. This proposal is consistent with surrounding land uses and will be compatible with the area. The business currently uses a couple of business trucks, a small tractor and an all terrain vehicle. The applicants are proposing future purchases of a delivery van, small backhoe and a mechanical tree spade. 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 of the town of Mead. A referral was received from the Town of Mead indicating that this proposal creates no conflicts with their interests. fe1 e. Section 24.3.1.5-- The proposal is not located within any overlay district. 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 farmground, however, due to the size of the parcel, 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 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 e delivered to the Department of Planning Services and be ready for recording in the Weld Q/r County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. USR-1273, Triple-B Trees & Shrubs, Page 3 2. Prior to scheduling a hearing before the Board of County Commissioners: r`) A. The applicants shall provide a letter from the property owners to the Department of Planning Services requesting to vacate USR-1161 (custom woodworking shop) on this property. (Dept. of Planning Services) 3. Prior to recording the plat: A. Recorded Exemption plat 2740 shall be recorded prior to recording the USR -1273 plat. (Dept. of Planning Services) B. Sites designated as "future employee housing" & "temporary housing" shall be removed from the USR-1273 plat. C. The applicants shall widen the access and roadway to a minimum of 24 feet in width to accommodate two-way traffic. (Dept. of Public Works) D. Off-street parking spaces shall be graded to prevent drainage problems. (Dept. of Public Works) E. The applicants shall submit a screening plan, for any loading areas and trash dumpsters, to the Department of Planning Services, for review and approval. (Dept. of Planning Services) F. The applicants shall submit a storm water drainage plan to the Department of Public r Works, for review and approval. Copies of the approved plan shall be submitted to the Department of Planning Services. (Public Works Dept.) G. The applicants 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). H. The plat shall be amended to delineate the following: 1) The approved screening plan. (Dept. of Planning Services) 2) The applicants shall place on the plat adequate parking spaces to accommodate customers, employees, and still maintain an adequate circulation pattern for vehicles. (Dept. of Public Works) �� USR-1273, Triple-B Trees & Shrubs, Page 4 SITE SPECIFIC DEVE'LOP'MENT PLAN feN SPECIAL REVIEW PERMIT DEVELOPMENT STANIDARDS (William & Mary Berg -Trilp'le B Trees & Shrubs) USR-1273 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 for a wholesale/retail nursery 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. (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. Hours of operation shall be limited to the hours of daylight except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Dept. of Planning Services) 4. The facility will consist of existing structures, a 55' X 25' steel framed hoophouse, storage pond, and holding bins for bark dust, landscape rock as proposed in the application materials. All appropriate permits must be obtained prior to construction. (Dept. of (Th Planning Services) 5. All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural zone district. (Dept. of Planning Services) 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. (Dept. of Public Health & Environment) 7. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health & Environment) 8. 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 & Environment) 9. Fugitive dust shall be controlled on this site. (Dept. of Public Health & Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Dept. of Public Health & Environment) 11. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) USR-1273, Triple-B Trees & Shrubs, Page 5 12. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of an observation of the system and a technical review describing the �►" systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event that the system is found to be inadequately sized or constructed the system shall be brought into compliance with current regulations. (Dept. of Public Health & Environment) 13. The facility shall utilize the existing public water supply for drinking water. (Little Thompson Water District). (Dept. of Public Health & Environment) 14. 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. (Dept. of Public Health & Environment) 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Dept.of Public Health & Environment) 16. The existing, and any proposed, structures and uses shall meet all building and fire codes. (Mountain View Fire Protection District, Building Inspection Dept.) 17. There shall be no parking and loading of vehicles on Weld County Road 34-3/4. (Dept. of Public Works) 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. (Dept. of Planning Services) 19. Any proposed signage shall require appropriate building permits and be constructed in accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 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. (Dept. of Planning Services) 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. (Dept. of Planning Services) 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. (Dept. of Planning Services) 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 fined USR-1273, Triple-B Trees & Shrubs, Page 6 in the office of the Department of Planning Services. (Dept. of Planning Services) 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. (Dept. of Planning Services) E rs USR-1273, Triple-B Trees & Shrubs, Page 7 4 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 tit FAX (970)304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 May 3, 2000 Triple B Trees & Shrubs c/o William Berg 1234 WCR 34.75 Berthoud, CO 80513 Subject: USR-1273 - Request for a Use by Special Review Permit for a wholesale/retail nursery in an Ag zone on a parcel of land described as A portion of the S2 NW4 and N2 SW4 of Section 8, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Mr. Berg: 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 June 20,2000, 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 Mead Planning Commission for its review and comments. Please call the town of Mead at 970-535-4477 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 Mead 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, s duics Chris Gathman Planner _S tiCfirt V a' I`, v • /- > c.v.; n,-' FIELD CHECK rt) FILING NUMBER: USR-1273 DATE OF INSPECTION: APPLICANT'S NAME: Paul and Ann Linn PLANNER: Chris Gathman REQUEST: Use by Special Review Permit for a'wh"©le`salYe/reta1H nursery in an Ag zone. LEGAL DESCRIPTION: A portion of the S2 NW4 and N2 SW4 of Section 8, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and angilitioltO WCR'3 +'south of and adjacent fa WCR 34.75. LAND USE: N E S 4^ r� W n ZONING: N A(Agricultural) E A (Agricultural) S A (Agricultural) W A(Agricultural) COMMENTS: 0/c> lfi 77)/7 .C. Nrember rt% (^ FIELD CHECK inspection date: 5/23/00 CASE NUMBER: USR-1273 APPLICANT: Paul & Ann Linn LEGAL DESCRIPTION: S1/2 of NW1/4 and N1/2 of SW1/4 of 8-3-68 LOCATION: East of and adjacent to Weld County Road 3 and South of and Adjacent to WCR 343/4. Zonin4" Land Use N A (Agricultural) N Agriculture (Irrigated Hay) E A(Agricultural) E Agriculture (Mead approx. I I/2 mile away) S A (Agricultural) S Agriculture (electrical transmission station) f Th W A (Agricultural) W Agriculture (Hay) COMMENTS: * Two steel warehouse buildings (Triple S Trees & Shrubs) * Existing dirt access to business. * Trailer being used as temporary living quarters behind the business. " Site is clean and well-maintained �""+ Chris Gathman, Current Planner Hello