HomeMy WebLinkAbout20001928.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cathy Clamp 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:
Case #: USR-1277
Planner: Robert Anderson
Applicant: Earth Balance, Inc.
9521 WCR 48 1/2
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
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 --The proposal is consistent with the Weld County Comprehensive Plan.
A. Goal 1 states "preserve prime farmland for agricultural purposes which 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 locate within Agricultural zoning when the impact on surrounding properties is minimal
and where adequate infrastructure is available. The proposed use is directly related to
agriculture and agricultural products,will be served by Little Thompson Water District and
an existing, permitted, septic system is in place.
b. Section 24.3.1.2 --The proposed use is consistent with the intent of the Agricultural 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 the general intent of the Agricultural Zone
District. Applicable or related types of applications from Section 31.4.2 - "Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry, or
horticultural services on 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
2000-192811 EXIMIBIT
I�LIC131 aldia77
RESOLUTION, USR-1277
Earth Balance, Inc.
Page 2
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 and 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 will be 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 indicated 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 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 arid 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 60 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall submit a scaled landscaping/screening plan to the Department of
Planning Services for review and approval.The landscaping plan shall indicate location and
species of all plant materials, planting implementation schedule and landscape
maintenance plan as well as the location and type of screening to be used. (Dept. of
Planning Services)
B. 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).
RESOLUTION, USR-1277
Earth Balance, Inc.
Page 3
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.
3. The plat shall be amended to delineate the approved landscape and screening plan. (Dept.
of Planning Services)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nickles Fred Walker
John Folsom Arlan Marrs
Bryant Gimlin Michael Miller
Jack Epple
Stephen Mokray
Cathy Clamp
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 August 1, 2000.
Dated the of August, 2000.
/A,�/I VJ EtM
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Earth Balance, Inc.
USR-1277
1. 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,
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. Off-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 match 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 %A. (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)
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 from the future right-of-way line
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 levelsallowed
in the Commercial Zone as delineated in Colorado Revised Statutes (CRS)25-12-102,. (Dept. of
Public Health)
11. Adequate toilet facilities shall be 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 other 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 rays 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 be screened from all adjacent properties and public rights of way 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 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)
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 theDevelopment Standards
stated hereon and all applicable Weld County regulations. (Dept. of Planning Services)
18. 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. (Dept. of Planning Services)
19. 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)
20. 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)
21. 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)
22. 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)
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