HomeMy WebLinkAbout20001604 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom 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 NUMBER: USR-1273
PLANNER: Chris Gathman
APPLICANT: William & Mary Berg -Triple B Trees & Shrubs
ADDRESS: 1234 WCR 34-3/4
Berthoud, CO 80513
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultu-al 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 1 h
P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 3, South of and adjacent to WCR :43/4
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 hat 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.Poliey ' states
Agricultural zoning will be established and maintained to protect and promote the Courts
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 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)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 wholesa e/retail
nursery, as stated previously, is an agricultural type use and is consistent with the intent of
the Agricultural Zone District.
EXHIBIT
2000-1604
US IPi_14x3
RESOLUTION, USR-1273
Paul and Ann Linn
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 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.
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 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 scheduling a hearing before the Board of County Commissioners:
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 USF -1273
plat. (Dept. of Planning Services)
B. Sites designated as "future employee housing" & "temporary housing" shall be removed
from the USR-1273 plat.
RESOLUTION, USR-1273
Paul and Ann Linn
Page 3
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 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 cm 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)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
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.
RESOLUTION, USR-1273
Paul and Ann Linn
Page 4
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 June 20, 2000.
Dated the 201h of June, 2000.
\)
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(William & Mary Berg -Triple 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 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.;:
12. The septic system shall be reviewed by a Colorado Registered Professional Engir.eer. 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 & E.nvironment)
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. D e p t . 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 pans 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)
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)
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