HomeMy WebLinkAbout20001603 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1273 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
(WHOLESALE/RETAIL NURSERY) IN THE A(AGRICULTURAL) ZONE DISTRICT -
WILLIAM AND MARY BERG/TRIPLE B TREES AND SHRUBS
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 23rd day
of August, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of William and Mary Berg/Triple B Trees and Shrubs, 1234 Weld County
Road 34.75, Berthoud, Colorado 80513, for a Site Specific Development Plan and Use by
Special Review Permit #1273 for an Agricultural Service Establishment (wholesale/retail
nursery) in the A (Agricultural) Zone District on the following described real estate, to-wit:
S1/2 NW1/4 and N1/2 SW1/4 of Section 8,
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was 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 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
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SPECIAL REVIEW PERMIT #1273 - WILLIAM AND MARY BERG (TRIPLE B TREES AND
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is provided by the Little Thompson Water District and the irrigation water
is planned to be provided by a holding pond. The applicants currently
receive their irrigation water from the Little Thompson Water District. The
Little Thompson Water District has indicated that there is adequate water
supply to service this business at this time, and written verification has
been requested. The applicants have future plans to purchase shares of
water arid draw from the supply ditch through the 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 future date. 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 wholesale/retail
nursery, 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 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 the 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 24.4.2.4 -- The proposed use 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 Mead. A
referral was received from the Town of Mead indicating that this proposal
creates no conflicts with its interests.
e. Section 24.4.2.5 -- The proposal is not located within any overlay district.
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f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort 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 24.4.2.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of William and Mary Berg for a Site Specific
Development Plan and Use by Special Review Permit #1273 for an Agricultural Service
Establishment (wholesale/retail nursery) 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 Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. 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 plat for Recorded Exemption #2740 shall be recorded prior to
recording the plat for Use by Special Review Permit #1273.
B. Sites designated as "future employee housing" and "temporary housing"
shall be removed from the plat for Use by Special Review Permit#1273
C. The applicants shall widen the access and roadway to a minimum of 24
feet in width to accommodate two-way traffic.
D. Off-street parking spaces shall be graded to prevent drainage problems.
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.
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F. The applicants 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.
G. The applicants shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment for review and approval. 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.
2) Adequate parking spaces to accommodate customers„
employees, and still maintain an adequate circulation pattern for
vehicles.
The recreational vehicle located on the property shall be removed.
J. 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 system's 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST: LLU ) ti4 N I G/4i1hur
Barbara J. ' meye , Chair
Weld County Clerk to t " 4e 7
77n a_zr.
M. J eile, Tem
BY:
Deputy Clerk to the EXCUSED
orge E. Baxter
A O DAST •
Dale K. Hall
unty At or ey G (A
Glenn V
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM AND MARY BERG
USR#1273
1. The Site Specific Development Plan and Use by 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
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 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, and 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.
4. The facility will consist of existing structures, a 55-foot by 25-foot steel framed hoop house,
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.
5. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
6. 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.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled, stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residental
Zone as delineated in Section 25-12-103 C.R.S.
11. Adequate toilet facilities shall be provided for the public and employees.
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
system's 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.
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DEVELOPMENT STANDARDS - WILLIAM AND MARY BERG (USR #1273)
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13. The facility shall utilize the existing public water supply for drinking water(Little Thompson
Water District).
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 Colorado Water Quality Control
Act and Rules and Regulations.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The existing, and any proposed, structures and uses shall meet all building and fire codes.
17. There shall be no parking and loading of vehicles on Weld County Road 34.75.
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.
19. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance.
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.
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.
22. 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.
23. The Use by 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 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.
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.
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