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HomeMy WebLinkAboutFOSSIL CREEK NURSERY PUD - FINAL - 40-95A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSApplication #1 Application #2 Area Treated: 0pn-6 (nLr N'Z lIA ' -p i'Z Location & Description IPL-vM S S C-4 M ^ L % L* G.. nM y� ►n-IVq le,t, S Product Name P R=N r 4 A)-&, � Z K EPA Registration 2 3 Number��._""--_ 4-3�j-Z "35�A-4 Active Ingredient: Common or Chemical Name Fi/,v A p p I ication:lfli'?UCH7zuC C/v Month/Day/Time b -30 -� Restricted Entry Interval Do Not Enter Until: 17 _ ` _ Month/Day/Time . 9 r o �. n•t Application #1 Application #2 Area Treated: Location & Descriptions S ✓� ioh.-k-z:zL^cs 4-t-ce 4 v a r3� �M t:pE1Q S 150MACS Product Name EPA Registration Number .a 2 3 AN /_ I Active Ingredient:AA Common +1 Chemical Name Application:/�WL/c9Tcrcy�,i-`CLtl-U ' ✓ •vvGi'�� Month/Day/Time Restricted Entry Interval Do Not Enter Until: Month/Day/Time ,a- M ; ✓ p A M Application #1 Application #2 ­7 Area Treated: I.gcation _Dpoc.ription Product Name 400 KeStnetkejA EPA Registration SS947- /,0/' tq 1 38'. '1 ,6Number -CA S6140 Ll 9 q. !Active Ingredient: ;`:;Common o 2" ornical Name e�, r,jo e fie V'A M Rd IM plicatio n i:lpnth/Day/Time fVq* -Un 6 E- k ��.!.;,Rostricted Entry Interval 9, 1146S Do Not Enter Until: 2 I Application #1 Application #2 Sit 'Area Treated: gm �C"-5e- Cation & Description Name �,',`.EPA Registration Oumber ive Ingredient: ,..Common or Chemical Name. icati �Mffi on. Restricted gntry Interval t. Do Not Enter Until: Month/Day/Time OkTijEjoc wftk3cio e, RO 7,*( iejease 5er%e4;r' q -387 411 q -251n fP ra 0 ay 02 13 - -mef �Y) J—S jd OAY/ CY 610 1.& 'te- T-7 LR& 1i q -),- 3-967 I I L" 3P41 V Application #1 Application #2 Area Treated: G /149eel I%Oc6e- G y rzen�jous C Location & Description Product Name f 2v+aG /►iAuERlok 4paF60 A gwAFL o EPA Registration S-51 q-7 7 SScf V7-!bl Number 7 6 q GA Active Ingredient: (CE-kS,ZR)F�w��nat� Common or jfjsa c a,.o-3 -pAeA4,xX .erg Chemical Name (R.�-Z 2-ckloro-1 er''41jlaro 4„i1inO-3-Awfti /-- woIn Application:/A <</ITAz r iff u ' V� 7Rar- Y SLAcK Month/Day/Time Jr,3p Restricted Entry Interval f zFlouts to No�+�es Do Not Enter Until: -qS' Month/Day/Time efA�j 'f�> Application #1 Application #2 ':'-Area Treated:. Location Description re e kgn, � 4 ��'Prpduct Name 14;L 's" t1i EPA Registration 77-023 -Sea-, I Numbe r P .1 Active Ingredient:. chemical Name A p" Hcation e p nth/Day/Tim.0 9S "Restricted Entry Interval /-5 Do Not Enter Until: 7, Application #1 F'A Area Treated: Description I? Name :roduct aA Registration 5- selq 7 lO I 4mber 1'Active Ingredient: Common or �A;herr%1941 Name e-e 1) pplication:/#4flVC#.TP_' �yl ail onth/PaYMM Restricted Entry Interval Do Not Enter Until* Month/Day/Time Application #2 q " eeA Pb cb e— Pe r-b I 7 6 7 - 4A I pee_,Ojaq5 E 4 -7 Application #1 Application #2 Area Treated: Location & Description Product Name �C L" "AL � EPA Registration Number Active Ingredient: Common or Chemical Name .�. �L o AppIication:�/IP�L��ATd'` rii t , �.� `' I W�7,-`-e-� v✓�GL✓� Month/Day/Time A MS �M Restricted Entry Interval Do Not Enter Until: Month/Day/Time rF i',ry Application #1 Application #2 Area Treated: ° at on: Description f.' ,r10,.. i Product Meme (�r�'�2� p ��•� � EPA Registration ,;,i Nymber `J t e- PHI,-ntou� i w M✓iuu Ingredient: roive mmon or a GG A Iication:�A�44� pnth/Qayii.ime 441f+� v 411 f ` Restricted Entry Interval vy �iL'1 Z )he,S Do Not Enter Until: _Month/Day/Time M 0 I 2 .4 Application #1 Application #2 Area Treated: —_— Location & Description Product NamePu EPA Registration Number Active Ingredient: Common or . �L%1� l- Chemical Name Application: 1FIp�UCATOX- V� Month/Day/Time Restricted Entry Interval !,S Do Not Enter Until: Month/Day/Time L( _ Application #1 Application #2 Area Treated: Location &Description Product Name - PLO ,2 EPA Registration Number 5S Active Ingredient: N�M�T{ iZ c �1 Common or Chemical Name UO P to Application:%,W,',' /591'31t `) �v G Yvy" Month/Day rime - Restricted Entry Interval Do Not Enter Until: Month/Day%Time /995 6OG Application #1 Application #2 Area Treated: r �? j r l �"v S c. �, (L-A Location & Description (I ^ M LY A--(Z-'= A Product Name -�= 2 T �—� M `= �- � r'l - ;S (j rz, EPA Registration Number Active Ingredient: fIA'LAB 04 -j Z. CA2-C- Lv^-"L Common or Chemical Name Application:/,W//wW7Z,( A i'cz-� Month/Day/Time � Restricted Entry Interval Do Not Enter Until: Month/Day/Ti me • REGISTRANT 1y0.3 -1 0 , PI-N-5 E . �...:. ST % :..... , . Colorado Department of Agriculture FT , Divison of Plant Industry OT 700 Kipling St., Syite 4000 • Lakewood, CO 80215-5894 $ ��' (303) 239-4140 ' 1 :1 T ............ REPORT OF NURSERY STOCK INSPECTION Registered Yes%`1' No ❑ Name of Business • Address i i 1 1 /) ` %1 Date Town CONDITION FOUND The nursery suN k listed hereunder is being offered for sale in violation Of the Colorado Nursery Act, Title 35. Article 26, CRS, as amended, or the rules and regulations promulgated then•onder, anti is therefore placed under STOP —SALE. 1 � (fUAN'I'I IN ANI) I)ESCR I P'll( IN ION REMEDY /VloI.A'I' / INSPECTION TIME HOURS MINIMUM TIME ONE HALF HOUR OWNER MANAGER .. 1 V INSPEOfOR ORIGINAL TO DPI, DUPLICATE TO OWNER OR MANAGER M OPFPRt (REV. 3AI) PESTICIDE SECTION DIVISION OF PLANT INDUSTRY COLORADO DEPARTMENT OF AGRICULTURE 700 KIPLING STREET, SUITE 4000 LAKEWOOD, COLORADO 80215-5894 (303)239-4140 RELEASE OF CEASE AND DESIST ORDER This Document is Issued for the Year 1994 CDOID: 16411 Business Nbr: 04629 to: FOSSIL CREEK NURSERY .4919 S. COLLEGE AVENUE FORT COLLINS, CO 80525 EPA Number : 364:+8 25 0 Label Name: RINGER VEGETABLE INSECT ATTACK Mfg./Dist.: RINGER CORPORATION Quantity: 5 X 16 OZ Date: 10/31/94 oil 0 Product ID: 25362 The above Cease and Desist Order has been released for Return to Manufacturer Only. If there are any problems or questions on this matter, please contact us at (303) 239-4144. Attn: ELIZABETH L. NESLUND Registrant Number: 00462 cc: RINGER CORP. - ATTACK PESTICIDES DIV. 9959 VALLEY VIEW ROAD EDEN PRAIRIE, MN 55344-3585 Issued by. Linde Coulter, Chief Pesticide Section Division of Plant Industry r White -Dealer Yellow -Registrant Pink -Office You are notified that you may request in writing a hearing on the question of whether any violation has occurred. If so requested, the hearing shall be held after the date such request is received by the Commissioner. Such hearing shall be conducted pursuant to the provisions of sections 24-4-104 and 105, C.R.S. In the event of your failure to comply with this CEASE AND DESIST ORDER, the Commis- sioner may take further action to prevent any further or continued violation of the ORDER. N 0 I THIS IS A LEGAL DOCUMENT, PLEASE READ BOTH SIDES. Pesticide Section Division of Plant Industry Colorado Department of Agriculture 700 Kipligg Street, Suite 4000 �41 Lakewood, Colorado 80215-5894 21 f.? (303) 239-4144 PESTICIDE CEASE AND DESIST ORDER This Document is Issued for the Year 1994 CDO ID: 16411 Registrant Nbr: 00462 Issue.Date: 09/29/94 To: RINGER CORP. ATTACK PESTICIDES DIV. 9959 VALLEY VIEW ROAD EDEN PRAIRIE, MN 55344-3585 Attn: ELIZABETH L. NESLUND Pursuant to section 35-9-121, C.R.S., you are hereby ordered to Cease and Desist violating the Pesticide Act, Title 35, Article 9, C.R.S. and its associated rules and regulations. You are specifically ordered .to cease distributing (advertising, offering for sale, holding for sale, selling, bartering, or 'supplying in any fashion) any of the pesticides) or device(s) listed below. - This ORDER has been issued because these product(s) are allegedly being distributed (advertised, offered for sale, held for sale, sold, bartered, or supplied in any fashion) in violation of the PESTICIDE ACT. Further distribution, including advertising, offering for sale, holding for sale, selling, bartering, or supplying in any fashion any of these product(s) is hereby prohibited without written release from the Colorado Commissioner of Agriculture. This ORDER prohibits the distribution (advertising, offering for sale, holding for sale, selling, bartering, or supplying in any fashion) any of the pesticide(s) or device(s) listed below, except by written consent of the Colorado Commissioner of.Agriculture or release by judicial order. EPA Number: 36488 25 0 Product ID: 25362 Label Name: RINGER VEGETABLE INSECT ATTACK Mfg./Dist.: RINGER CORPORATION Quantity: 5 X 16 OZ Reason: Not registered, 35-9-120 (1)(a)(I) To register referenced product: Complete enclosed application. READ INSTRUCTIONS CAREFULLY. Also enclose check in the amount of $170.00. To have product removed from state: Submit a letter referencing Cease and Desist Order with return to manufacturer/distributor instructions.. Please reference this Cease and Desist in correspondence regarding the product(s) ' listed above. If there are any problems or questions on this matter, please contact us at (303) 239-4144. CC: FOSSIL CREEK NURSERY Business Nbr: 04629 4919 S. COLLEGE AVENUE FORT COLLINS, CO 80525 THIS IS A LEGAL DOCUMENT, PLEASE READ BOTH SIDES. DPI-P-16' (Rev 419 ' y4. (CircleAlapropriate Activi,, 1) /A /B C D E COLORADO DEPARTMENT OF AGRICULTURE DIVISION OF INSPECTION & CONSUMER SERVICES 2331 West 31 st Avenue, Denver, Colorado 80211 FIELD ACTIVITY REPORT t COUNTYAREA NO. / NAME OF / �- �') / �✓ BUSINESS �55. L �, �!,�G/� /Vu/�����✓ ADDRESS:. N// J. / / i•.CL *' -.�i C A•"MEASUREMENT STANDARDS CERTIFICATION OF TEST" Title 35, Article 14 t e Al Phone: (303) 866-2845 Computer# Capacity Appr. Pass Cond. Services Rendered LLLL l� J op Accurate Over Short Total A. Pkg, in lot B. Vlolation(s) written ❑ See Remarks C. Fines ❑ See Remarks B. EGG INSPECTION Title 35, Article 21 Phone: (303) 477-0093 Producer Name/Number Wholesaler Name Address mmmounannom _...-M..... _..--....M. _........�.'. -....-...■. _.M--....■. -.®........ -.W-.-.-... _-..-M..... -■■■■■■■■■■ Total A. Eggs Refrigerated Yes ❑ No ❑ Rotated Yes ❑ No ❑ C. Rejected To: Store ❑ Wholesaler ❑ Producer ❑ Temp. Ret. Store. Temp. San. 1 2 3 4 IN C. FEED INSPECTION Title 35, Article 60, Phone: (303) 477-0081 A. Reason for contact: 1. Inspection 2. Investigation 3. Other B. Type of Sample: <'D. FERTILIZER INSPECTION.'' Title 35, Article 12 Phone: (303) 477.0086 .:x Feed Fertilizer ^r' ❑ ❑ ; Feed Fertilizer Number Tons Insp. Number Tone. Insp. ; 1. Bagged 2. Bulk 3.11quid 4. Small Pkg. � b C. No. Stop Sales written D. Released E. Inspections (NH3) Title 35, Article 13 Tanks rejected Tanks approved a;1 E. MEAT INSPiaGT40N. Title 35, Article 33— Phone: (303) 477.00M ❑ Routine Inspect 1on-O"O _Re-lnspectlon ❑ Initial InspectioA ­ Investigation Comments or Remarks Violation ❑ _'•Stop -Sale ❑ Title: Article: '1 W^ Money Collected - MEAT/ M.S./. E/ Purpose Date,. Time Out Signed- -� Inspector +� r s Signed X�e'( '1- -��•r Received by:. if FAR (Rev. I i/94)_?`;r{ COLORADO DEPARTMENT OF AGRICULTURE 700 Kipling St., Suite 4000, Denver, CO 80215-5894 QUALIFIED SUPERVISOR LICENSE Expiration Date: 11. 9 I.D. Number: 4! 7 /1 '2 - 6Z4..; 2 'in �- IN 11 -1** (I --I C.; Name: 1. 11 is licensed, and therefore certified to purchase, use and/or supervise the use of restricted use pesticides in these categories: CATEGORIES 2 01 2 02*203-y y -x *N -)i v -x **A* x *A( x N V. * X * X * * * * * * . ... . .. . .. . . .. . . .. ...... .. ........... DP( PA - 1 A (1 /92) NATURE ;..GFN(,'tjL'I U:'AI uATEGOt ir-S .0, cullol ad 11 i?, il Dr, Acluaki ro,t . ccmlfo log induc!JLAI aw Cont;ol 110 Public Hu,'Pli pe'l Conlro! i i i h and r2ernonstmiiol, ORN14NIFNI A1. 202 Turf 204 205.0ma-riontat STRUCTURAL CATEGURiES: 301 Wood D(,!IOVMCI GTWT-�sm P,:,sl Control 302 0,jid-NT 303 Fj61-0nj1L.r1 I k o r OF N vi? 1 C, I rjr V'!oc (I F r 1 6 'J cl 1 ri'LI!;(ir.r.,l MAR 17 1995 License'Number: 00196 Date Issued: 03/14/95 Mailing Address NATURESCAPE, INC. 6222 WEST LOTH STREET GREELEY, CO 80634 Colorado Department of Agriculture Division of Plant Industry 700 Kipling Street, Suite 4000 Lakewood, Colorado 80215-5894 (303) 239-4140 COMMERCIAL APPLICATOR ENDORSEMENT f Good Through: 12/31/95 Records Address 6222 WEST LOTH STREET GREELEY, CO 80634 Doing Business As Names) (DBA) ALPINE GARDENS Contact: JACK FETIG Phone: (303) 351-801C Insurance Expires: 09/01/95 This endorsement is valid for the following categories ONLY. Agricultural: None Ornamental: 201 202 203 Structural: None Qualified Supervisors Lic. No. Last Name 474-72-6412 FETIG License Categories: 201 202 203 Aerial: N First Name MI Lic. Expires JACK T. 11/18/97 Page: 1 2 A bulletin board is needed in the employee break room to post notices of applications. Mr. Fetig has not trained all of the nursery workers, about basic pesticide safety, restrictions during applications, restricted entry intervals, personal protective equipment, application notices and emergency assistance. When he acquires new pesticides with the worker protection labels, a certified pesticide applicator or trainer will need to provide training to the workers and document the training. Attachment: Notice of Inspection Use Investigation Report Label U UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION V111 999 18th STREET - SUITE 500 DENVER, COLORADO 80202-2466 Ref: BART-RTI MEMORANDUM SUBJECT: Fossil Creek Nursery Fort Collins, CO FROM: Rod W. Glebe EPS Pesticide Section TO; Tim Osag, Chief Pesticide Section On April 14, 1995, credentials were shown and a Notice of Inspection given to Mr. & Mrs. Jack Fetig, co -owners of Fossil Creek Nursery. I was there to conduct a routine pesticide applicator inspection and worker protection inspection, as part of EPA Region VIII's FY 1995 Neutral Inspection Plan. Mr. Fetig does not use restricted use pesticides. He did make a general use pesticide application on April 10, 1995, to control white fly in the greenhouse. He used an aerosol can of Whitmire PT 1200 direct spray. He disposed of the can in the trash which is sent to a sanitary landfill. A pesticide use investigation report form was completed with information supplied by Mr. Fetig. The PT1200 does not have worker protection standards on the label. I inspected the pesticide storage area, which is kept locked and contains small amounts of general use pesticides that have been used over the years. The pesticides were in the original containers and were all EPA registered. The pesticides did not have worker protection standards. When pesticide applications are made, Mr. Fetig or Matt Unger make the pesticide applications. The applications are made at the end of the day after the employees are ggne and the facility is closed. Very little pesticides are used, Mr. Fetig, stated "it was cheaper to throw out the plant, than it was to spray pesticides." Mr. Fetig uses worker protection safety equipment, such as overalls, boots and gloves. A bath room with running water is available for decontamination and an eye wash. Printed on Recyclod AWer PROTECTION AGENCY ADDRESS (EPA Regional Offfpef. /l l�i i,✓.t �I .ao Yp,rs U.S. ENVIRONMENTAL //// t 7 NOTICE OF PESTICIDE PR II (/ ( ( ufa ✓ A d USE/WSUSE INSPECTION DATE HOUR y f PM F_ OR INDI VIUAL TITLE I/ NAMtE (Frrm, Femrer, Homeowner, etc.) AOORESS Number, Strut. City, State and ZIP code) U%-f/�-Y•r •�� i/lC'�'1/ �/9',1�( ✓�Oy-T(:. �l�w gl�tV` TITLE INSPECTION For the purpose of inspecting sites where pesticides are being used to collect data on the use of pesticides and to determine whether pesticides are being used in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act. For the purpose of inspecting sites where pesticides have been used to determine whether the pesticides were used in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act, ATIOM SUSPECTED: /�'l'y lI y N S E N •r$e Voluntary Consent Necessary to F.nter for Inspection and/or Sampling f Ali The undersigned hereby voluntarily consents to an inspection of f ) e-• V c IL IV; f r,-" d ✓ of which I am Owner, Agent or Person-IR-Charge, for the purposes of gathering information and/or sampl�s in connection with the aiministration and enforcement of FIFRA. I understand that I have the right to refuse consent to this entry. .4 'IRONATURE TITLE DATE --- EPA Form 3542- 5 ORIGINAL USE R REPORT COPY � u-rit pp 3-REGIO COPY COPY 3-itE REGION COPY A -INSPECTOR'! COPY USE INVESTIGATION REPORT PERSON INTERVIEWED ..a,. a. NAME _ b. ADDRESS \ q y l y �� �1 `- U •, C. , MLEPHONE i1 ` I_, i %� i 3 APPLICATOR ' a. NAME b. ADDRESS j ! C. TELEPHONE d. UIRTIFICATION NUMBER 3,.-. SITE OF APPLICATION ' N NAME b. ADDRESS .'TELEPHONE PE OF BUSINESS a. CR47P, AREA OR OBJECT yREATED I ¢E I rLS _ G• DATE AND TIME OF APPLICATION v Y / ATHERAT TIME OF APPLICATION (Wind, temperature, humidity, rain, ere., list solace of inforrrwdon) i I1 PESTICIDE APPLIED a; $RAND NAME ...•( b. EPA REG. NO. C. BATCH NO. d. CLASSIFICATION 1. TYPE OF FORMULATION y' r `,_{ DUST LL SPRAY ❑ GRANULAR ❑ MIST ET/FOG ❑ OTHER (Specify): g, RATE OF APPLICATION a. METHOD OF APPLICATION © GROUND ❑ AERIAL OTHER (Specify)' b. DILUTION RATE I C, �f~I ILUTED MATERIAL APPLI! q /IE NIT (Callona)Acre) gAVVII d. ACTUAL ifAFTI V PER UNIT (Lbs/Acre) E. SAMPLES COLLECTED (List Simple numbers) .., ,a, FORMULATION b. DI UTED MATERIAL c. R�5/�1DUE ,, ::• ,. In /✓ p._ 7. WERE THE FOLLOWING LABELING INSTRUCTIONS FOLLOWED? ❑ YES NO (If "NO", check and explain.) © T A RGET PEST ❑ RATE OF APPLICATION ❑ REENTRY INTERVAL ❑ METHOD OF APPL (CATION ❑ CROP, AREA OR OBJECT TREATED APPLICATOR CERTIFIED DILUTION USED ❑ CAUTIONARY LABELING PREHARVEST INTERVAL J OTHER: ' S. CONSEQUENCES OF USE (Lief any unusual results or adverse effects from treatment) 9. REMARK$ �� 1S, GATE OF INVESTIGATION it. TIME 112. INYIESTIGATO hw/ t3. TITLE 'w3540-20(4-75) DISTRIBUTION: WHITc-RaGIDN u CANARY -INTERVIEWEE PINK -HEADQUARTERS GOLDENROD - INSPECTOR C U.S. GOVERNMENT PRINTING OFFICE-1SB4-7B1-5{3130 4919 S. COLLEGE.— E. FORT COLLINS, CO 80525 PHONE: 970-226-4924 January 8, 1996 Mr. Brad Saucerman Jim Sell Design 117 East Mountain Avenue Ft. Collins, CO 80524 Dear Brad, MK& �PNT ITHNBB Please find the enclosed copies of our pesticide application Information for Fossil Creek Nursery. I would expect this information to be relatively the same for the new site. We have enclosed copies of our commercial applicator endorsement and qualified supervisor license from the state of Colorado. We carry these even though we are not required to cant' these licenses and endorsements. The continuing education requirements are beneficial to us. We are also including an inspection form and letter from the United States Environmental Agency. This shows that we are in compliance with all regulations. We are also enclosing a log of all pesticides used on our current site in 1995. As you can see, the pesticides are used in very small amount. Please feel free to contact me if any additional information is required. Sincerely, Lac�` ^ = f — ��-••• I l iv r.LL 0EVEL0PNIEN , CR.1TE1,F.I., ac_:i;.�c:e� I Se atiarieC7 3 I Yas I Nc I ff i I •�• G - r.G::� I i ✓I I _ -- -17 - _': r Voor- J - I = .�:C _ ' 1 ' [:. I C I��:�= _: ice. �✓;..-C- I I 2. I I �IGi,VC=r iNG CAI I C:Ctn too I I I _Adf e I Land DevGooment Guidancm S,vst m for Planned Unit Developme"Int i ae Gry of Fv= Collins. Calosado. Revised : 1994 _ - 61 -'5 U51 SALES CENTER / GREENHOUSE - SOUTH ELEVATION SALES CENTER / GREENHOUSE - EAST ELEVATION INFORMATION CENTER - SOUTH INFORMATION CENTER - EAST N CARETAKER RES. / FUTURE STUDIO OFFICE Fossil Creek Nursery P.U.D. South College Avenue Ft. Collins, Colorado CHARACTER ELEVATIONS CH[C o TISN(N. % R C H I T I C T SHEET 4 of 4 Ft.Anr �nr •.w+a nsWl. 4Gs. I NN4 ee.�y ' ! wF i.ewe am a ! '.rnm pear 4seewwlewuw , w lwn.s. nr�.a. UYD3LAF[ortEARDOwY LANDSCAPE NOTES .uaavw. -All pbRX!qq b.m, InYw etlYnnY. rot.tl m w pbt Nall Im TrblvE nIN a yY ay.rn a!!. 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Mb OUT City Limits : by 7 ■ IFrp - ■ rip ' t ■ • ■ ■ ■ ■ : VICINITY MAP 40-95A FOSSIL CREEK NURSERY Final 12/05/95 1"= 600' I 11 Fossil Creek Nursery P.U.D., Final, #40-95A January 22, 1996 Page 7 the vesting of rights. For purposes of calculating the running of time for the filing of an appeal pursuant to Chapter 2, Article II, Division 3, of the City Code, the "final decision" of the Board shall be deemed to have been made at the time of dispute is presented to the Board for resolution regarding provisions to be included in the development agreement, the running of time for the filing of an appeal of such "final decision" shall be counted from the date of the Board's decision resolving such dispute. Fossil Creek Nursery P.U.D., Final, #40-95A January 22, 1996 Page 6 2. The Fossil Creek Nursery P.U.D., Final, #40-95A is in substantial compliance with the approved Fossil Creek Nursery P.U.D., Preliminary, #40-95. 3. The Fossil Creek Nursery P.U.D., Final, #40-95A meets all applicable All -Development Criteria of the Land Development Guidance System. 4. The Fossil Creek Nursery P.U.D., Final, #40-95A is consistent with the "Preferred Land Use Scenario' of the advisory document entitled A Plan For The Region Between Fort Collins and Loveland which designates this property as mixed use. RECOMMENDATION: Staff recommends approval of the Fossil Creek Nursery P.U.D., Final, #40-95A with the following condition: 1. The Planning and Zoning Board approves this planned unit development final plan upon the condition that the development agreement, final utility plans, and final P.U.D., plans for the planned unit development be negotiated between the developer and City staff and executed by the developer prior to the second monthly meeting (March 25, 1996) of the Planning and Zoning Board following the meeting at which this planned unit development final plan was conditionally approved; or, if not so executed, that the developer, at said subsequent monthly meeting, apply to the Board for an extension of time. The Board shall not grant any such extension of time unless it shall first find that there exists with respect to said planned unit development final plan certain specific unique and extraordinary circumstances which require the granting of the extension in order to prevent exceptional and unique hardship upon the owner or developer of such property and provided that such extension can be granted without substantial detriment to the public good. If the staff and the developer disagree over the provisions to be included in the development agreement, the developer may present such dispute to the Board for resolution if such presentation is made at the next succeeding or second succeeding monthly meeting of the Board. The Board may table any such decision, until both the staff and the developer have had reasonable time to present sufficient information to the Board to enable it to make its decision. (If the Board elects to table the decision, it shall also extend the term of this condition until the date such decision is made). If this condition is not met within the time established herein (or as extended, as applicable), then the final approval of this planned unit development shall become null and void and of no effect. The date of final approval for this planned unit development shall be deemed to be the date that the condition is met, for purposes of determining J Fossil Creek Nursery P.U.D., Final, #40-95A January 22, 1996 Page 5 7. Stormwater: The Stormwater Utility requested that a condition of Preliminary approval be that "no additional volume from drainage or irrigation flows will be allowed into Robert Benson Reservoir above the historic volume and rate until downstream easements are obtained sufficient to carry the developed volume from this development into, through and below the reservoir." The Stormwater Utility has reviewed the design for the proposed detention and retention system and has determined that such a design will prevent any additional volume, above the historic volume and rate from drainage or irrigation flows, from entering Robert Benson Reservoir. In addition the applicant will be paying $1,000 for an easement that will allow additional drainage flows from any future development of the site. Therefore, the Stormwater Utility has determined that the applicant has satisfied the condition of Preliminary approval. During the Preliminary P.U.D. consideration, a question was raised by the Board regarding the potential for the concentration of pesticides/nitrates in the retention pond at the southeast corner of the site. The United States Environmental Protection Agency and Colorado Department of Agriculture regulate the commercial use of pesticides, not the City of Fort Collins. Attached to this staff memo you will find a cover memorandum from Jack Fetig, owner of Fossil Creek Nursery; copies of their commercial applicator endorsement and qualified supervisor license from the State of Colorado; a form and letter from the United States Environmental Protection Agency which states that the current Fossil Creek Nursery is in compliance with all regulations; and a log of all pesticides used on their current site in 1995. The City's Stormwater Quality Coordinator has indicated that quantity and types of pesticides used at the Fossil Creek Nursery are very similar to those used throughout the City's residential neighborhoods. In the monitoring of stormwater in Fort Collins to date, current data has not shown a problem of concentrated pesticides. FINDINGS OF FACT/CONCLUSION: The condition of approval for the Fossil Creek Nursery P.U.D., Preliminary, #40-95 which stated that "no additional volume from drainage or irrigation flows will be allowed into Robert Benson Reservoir above the historic volume and rate until downstream easements are obtained sufficient to carry the developed volume from this development into, through and below the reservoir" is satisfied by the proposed retention/detention system of the Fossil Creek Nursery P.U.D., Final, #40-95A. J Fossil Creek Nursery P.U.D., Final, #40-95A January 22, 1996 Page 4 FROM 41 Most of the existing buildings on the northern 2.779 acres of the site will be utilized for the commercial nursery sales and service facilities, design office, and caretakers residence. An approximately 7,344 square foot greenhouse will be constructed on the east side of an existing building that will be converted to a sales center. Three existing storage buildings will remain as storage buildings. One existing building will be converted to an information center. The existing residence on the property will remain as a nursery caretaker's residence and an approximately 1,440 square foot addition is proposed for a landscape design office. The remaining 11.81 acres will be for nursery stock growth areas. A parking lot will be constructed southeast of the proposed information center and southwest of the proposed caretaker's residence/landscape design office. Temporary seasonal greenhouse structures are proposed in two southwestern portions of the "Tract D Grow Area." They are expected to be used from approximately March to May and will be screened with a hedge and/or wind break. A gravel fire access loops around the commercial portion of the site. A gravel private service road loops through the growing area. No customer vehicles are allowed on these gravel fire and service loops. A potential future access to the west is also shown which aligns with a proposed future access on the Ridgewood Hills O.D.P. The nature of the use will allow visual accent and buffer from South College Avenue. 5. Transportation: There is currently an existing curb -cut on South College Avenue which serves the existing residence on the property. The applicant proposes to retain this existing curb -cut as an access for the commercial use to and from North College Avenue. A 450 foot right -turn lane plus a 270 foot taper are required to be striped in the existing shoulder area of South College Avenue. The City's Engineering staff and Colorado Department of Transportation have agreed to allow a full turning movement intersection at this location. However, a potential future connection to the west is shown on the plans as a result of the Ridgewood Hills O.D.P. When this future connection is made and/or when widening occurs on South College Avenue in the future, it is possible that the Fossil Creek Nursery's access to College Avenue will be limited or eliminated. 6. Natural Resources: There are existing wetlands on the site which will be preserved and enhanced as an amenity to this project. The Natural Resources Department has visited the site with the applicant and designated the existing trees which are to remain in there current state; the existing trees that are to be pruned and/ or thinned according to City standards; and the existing trees which may be removed. These designations are reflected on the Site Plan. J Fossil Creek Nursery P.U.D., Final, #40-95A January 22, 1996 Page 3 irrigation flows will be allowed into Robert Benson Reservoir above the historic volume and rate until downstream easements are obtained sufficient to carry the developed volume from this development into, through and below the reservoir." The approval of the Preliminary P.U.D. also included variances from Criterion 1 of the Auto -Related and Roadside Commercial Uses Point Chart which asks, "Does the project gain its primary vehicular access for a street other than South College Avenue?" and All Development Criteria A-1.12 "Residential Density". The Board determined that the granting of these variances would be neither detrimental to the public good nor impair the intent of the L.D.G.S. and that the applicant demonstrated: that by reason of exceptional topographical, soil, or other subsurface conditions or other conditions peculiar to the site, undue hardship would be caused to a subdivider by the strict application of Criterion 1 of the Auto -Related and Roadside Commercial Uses Point Chart; and that the plan as submitted is equal to or better than such plan incorporating an overall density of 3 dwelling units per acre as required by All - Development Criteria A-1.12. B. Final Planned Unit Development Plan The Final P.U.D. is in substantial compliance with the approved Preliminary P.U.D. and meets all applicable All -Development Criteria of the Land Development Guidance System. The request is consistent with the "Preferred Land Use Scenario" ofA Plan For The Region Between Fort Collins and Loveland which designates this property as mixed use. This document is an advisory document which is not currently an element of the Comprehensive Plan. C. Condition of Preliminary P.U.D. Approval The applicant has satisfied the condition of Preliminary approval by proposing on -site detention and retention which will prevent any additional volume, above the historic volume and rate from drainage or irrigation flows, from entering Robert Benson Reservoir. In addition the applicant will be paying $1,000 for an easement that will allow additional drainage flows from any future development of the site. 3. Neighborhood Compatibility: A neighborhood meeting was held on July 12, 1995. Commercial uses are designated on the Ridgewood Hills O.D.P. to the south of this development. Low -Density and Multi -Family residential uses are designated on the Ridgewood Hills O.D.P. to the west of this development. An existing restaurant (Carolyn's Cuisine) is to the north and South College Avenue is the eastern boundary of the development. This Nursery use is a very low -intensity use with approximately 75% of the land being nursery stock growing area. 9 Fossil Creek Nursery P.U.D., Final, #40-95A January 22, 1996 Page 2 Development Criteria of the Land Development Guidance System. The request is consistent with the "Preferred Land Use Scenario" of the advisory document entitled A Plan For The Region Between Fort Collins and Loveland which designates this property as mixed use. The applicant has satisfied the condition of Preliminary approval by proposing on -site detention and retention which will prevent any additional volume, above the historic volume and rate from drainage or irrigation flows, from entering Robert Benson Reservoir. In addition the applicant will be paying $1,000 for an easement that will allow additional drainage flows from any future development of the site. COMMENTS Background: The surrounding zoning and land uses are as follows: N: r-p; vacant. b-p; existing restaurant (Carolyn's Cuisine). S: r-1-p; undeveloped (Parcels B-1, B-2, B-3, B-4 of Ridgewood Hills O.D.P.). E: h-b; S. College Avenue, Benson Reservoir, vacant. W: r-1-p; undeveloped (Parcels A-5, A-6 of Ridgewood Hills O.D.P.). This property was annexed into the City as part of the Triangle Farms Annexation on August 4, 1981 and zoned R-P, Planned Residential with a P.U.D. condition and R-L-P, Low Density Planned Residential with a P.U.D. condition. 2. Land Use: This is a request for Final P.U.D. approval for .261 acres of residential use, 2.518 acres of commercial nursery use, and 11.81 acres of nursery stock growing area on 14.589 acres, located at 7029 S. College Avenue. The property is on the west side of South College Avenue, immediately south of Carolyn's Cuisine, and west of Benson Lake. The existing residence on the site will be become the nursery caretaker's residence. An approximately 1,440 square foot addition to this existing house is proposed for a landscape design office. An approximately 7,344 square foot greenhouse addition will be constructed on the east side of an existing accessory building, and will be used as a sales center/green house. One existing accessory building will be converted to an information center and three existing storage buildings will remain as storage buildings. A. Preliminary Planned Unit Development Plan On October 23, 1995 the Planning and Zoning Board approved the Fossil Creek Nursery P.U.D., Preliminary, #40-95 by a vote of 7-0 with a condition that "no additional volume from drainage or r ITEM NO. 4 MEETING DATE 11/92/96 STAFF Mika 111dwig PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Fossil Creek Nursery P.U.D., Final, #40-95A. APPLICANT: Fossil Creek Nursery c/o Jim Sell Design, Inc. 117 E. Mountain Avenue, Suite 200A Fort Collins, CO 80524 OWNER: Jack and Christine Fetig 1546 41 st Avenue Court Greeley, CO 80634 PROJECT DESCRIPTION: This is a request for Final P.U.D. approval for .261 acres of residential use, 2.518 acres of commercial nursery use, and 11.81 acres of nursery stock growing area on 14.589 acres, located at 7029 S. College Avenue. The property is on the west side of South College Avenue, immediately south of Carolyn's Cuisine, and west of Benson Lake. The existing residence on the site will be become the nursery caretaker's residence. An approximately 1,440 square foot addition to this existing house is proposed for a landscape design office. An approximately 7,344 square foot greenhouse addition will be constructed on the east side of an existing accessory building, and will be used as a sales center/green house. One existing accessory building will be converted to an information center and three existing storage buildings will remain as storage buildings. The property is zoned R-P, Planned Residential with a PUD condition and R-L-P, Low Density Planned Residential with a PUD condition. RECOMMENDATION: Approval with a condition. EXECUTIVE SUMMARY: On October 23, 1995 the Planning and Zoning Board approved the Fossil Creek Nursery P.U.D., Preliminary, #40-95 by a vote of 7-0 with a condition that "no additional volume from drainage or irrigation flows will be allowed into Robert Benson Reservoir above the historic volume and rate until downstream easements are obtained sufficient to carry the developed volume from this development into, through and below the reservoir." The approval of the Preliminary P.U.D. also included variances from Criterion 1 of the Auto -Related and Roadside Commercial Uses Point Chart which asks, "Does the project gain its primary vehicular access for a street other than South College Avenue?" and All Development Criteria A-1.12 "Residential Density". The Final P.U.D. is in substantial compliance with the approved Preliminary P.U.D. and meets all applicable All - COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT