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Page 1 of 1
Michelle Martin
From: Cyndy Giauque
Sent: Friday, December 08, 2006 9:47 AM
To: mbook@bell-law.com
Subject: FW: Timberrock/ Rick Zier
Attachments: MVC-009S.JPG; MVC-002S.JPG; MVC-003S.JPG; MVC-004S.JPG; MVC-005S.JPG; MVC-
006S.JPG; MVC-007S.JPG; MVC-008S.JPG; MVC-001S.JPG
Hi Rick,
Attached, hopefully, are the photos that Michelle forwarded to me after a visual inspection on November 3, 2006.
I think I misspoke in our telephone conversation and stated the photos were from the 11th.
After you have had a chance to review and discuss this with your client, please call me at 970-356-4000, ext.
4396.
Thanks.
Cyndy
From: Michelle Martin
Sent: Friday, November 03, 2006 3:10 PM
To: Cyndy Giauque
Subject: Timberrock
Cyndy,
Attached are the photos I took this morning of the TimberRock site (USR-1495). From the photos you can see
that the screening is still not complete on the East side of the property and there are 6 signs. Let me know if you
have any questions.
Michelle Martin
Planner II
-i nu 7L i a�7-a39/
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1,-,„ 1 /7fVl.C
Weld County Planning Department
GREELEY OFFICE
SLP e, ?COL
Kit MEMORANDUM RECEIVED
TO: Michelle Martin, Planning Services DATE: 9/13/2006
111 FROM: Donald Carroll, Engineering Administrator Y"
C t
SUBJECT: USR-1495, Timber Rock
COLORADO
It appears from the drawing that was faxed to me that there is a 90° section of access road to accommodate
one vehicle entering on to the private gravel road easement.
The other outstanding item was the extension and widening of the culvert crossing, which has been completed
to accommodate two-way traffic.
This 60-foot access easement by special document needs to be dated and recorded and placed on the plat
drawing prior to recording.
pc: USR-1495
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1495-C.DOC
SEP-11-2006 MON 11:21 AM r1PUEST WELD PLANNING FAX NO. 720 65° 4211 P, 01
FAX TRANSMISSION
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4 Southwest Weld County
Department of Planning Services
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C CR 24.5, Longmont, CO 80504
Fax: 720-652-4211
COLORADO Phone: 720-652.4210, ext.8730
To: pon Cc,'c ) Date: 77//; Wit:
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CONFIDENTIAL
This facsimile is intended only for the use of the individual.or entity to which it is addressed and
Mai contain information that is privileged.confidential. and exempt from disclosure under
applicable law. If the reader of this facsimile is not the intended recipient nar the employee or
agent responsible for delivering the facsimile to the intended recipient, you are hereby notified
that any dissemination, distribution, or copying of this communication is strictly prohibited. If
you have received this communication in error, please notify us immediately by telephone and
return the original message to us at the above address via the U.S. Postal Service. Thank you.
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, (#4,1-kez TIMBER ROCK Weld Connty Planning Department
-> LANDSCAPE CENTER Str' 7 2006
28629 Weld County Road 17 • Windsor, CO 80550 RECEIVED
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office: 970-686-0442 fax: 970-674-9209 email: timberrockl@aol.com
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Page 1
Kit
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT CO 80504
E-MAIL bhorgen@co.weld.co.us
C. PHONE (720)652-4210 X (72 ext. 8730
FAX (720)652-421111 COLORADO
August 28, 2006
Timber Rock Landscape Center
28629 CR 17
Windsor, CO 80550
RE: USR— 1495
Mrs. Martin
Timber Rock Landscape Center has applied for a building permit for the deck and accessible ramp as
requested on my referral letter dated August 21, 2006. At this time all building concerns appear to have
been addressed.
Sincerely,
„40-7
Bryon Horgen
Assistant Building official
Page 1 of 1
Michelle Martin
From: Joel Hemesath [Joel.Hemesath@Greeleygov.com]
Sent: Friday, August 25, 2006 4:43 PM
To: Michelle Martin
Subject: Timber Landscape
Attachments: Greeley Windsor IGA.pdf
Michelle,
The City of Greeley's only comment on the Timber Landscape USR is that access onto CR 17 shall be per the
IGA between Greeley and Windsor. Exhibit E, attached to this email shows the spacing of access along CR 17. I
am unable to find any plans for this WCR to verify the location that is being proposed.
Please contact me at(970) 350-9269 with any further questions.
Joel Hemesath
Engineering Development Manager
City of Greeley
nononnnc
Page 1 of 1
Michelle Martin
From: Billie Moore
Sent: Monday, August 21, 2006 4:06 PM
To: Michelle Martin
Subject: TimberRock
Cindi came in and applied for a handicap ramp today.
All inn innnl
Page 1
rs
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
IlDLONGMONT CO 80504
E-MAIL bhorgen@co.weld.co.us
C. PHONE (720)652-4210 ext 8730
FAX X (720)652-4211 COLORADO
August 21, 2006
Timber Rock Landscape Center
28629 CR 17
Windsor, CO 80550
RE: USR— 1495
Mr. Aragon
A site inspection was conducted on Tuesday, August 15, 2006 to determine compliance with the Weld
County Building Department referral dated December 17, 2004 in regards to USR-1495. Based on the site
inspection Timber Rock Landscape Center will need to apply for a building permit for the deck attached to
the office. At this time all other building concerns appear to have been addressed.
Sincerely,
Bryon Horgen
Assistant Building official
a
ts
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
mmartin@co.weld.co.us
C PHONE (970) 353-6100, Ext. 3540
FAX: (9(970) 304-6498
COLORADO SOUTHW EST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
August 11, 2006
King Surveyors, Inc
Att: Carol Kuhlman
650 Garden Drive
Windsor, CO 80550
RE: USR-1495
Dear Ms. Kuhlman:
I have enclosed the red lines for USR-1495. If you have any questions please contact me a the
above numbers.
Sincerely,
Michelle Martin
Planner II
Page 1 of 1
Michelle Martin
From: Charlotte Davis
Sent: Tuesday, August 08, 2006 8:39 AM
To: Michelle Martin
Subject: TimberRock USR-1495
Michelle,
I am in receipt of a letter from Cindi Rubiano regarding conditions of approval. The following are my comments:
Condition 1A Air Quality Permit Cindi has contact the Small Business Assistance Program and was told that this
use does not require an Air Permit. This condition is not relevent and can be removed.
Condition 1C Stormwater discharge Permit Cindi contacted Nathan Moore with the Water Quality Control Division
and was informed that a permit for this site is not required. This conditon is not relevant and can be removed.
Condition 1D Waste Handling Plan A plan has been submitted, reviewed and is approved by this department.
This condition has been met and can be removed.
All Health related conditions have been resolved.
Best regards, Char
no/I i innnc
Page 1
(it a
DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION
NORTH OFFICE
918 10`h Street
IlDGREELEY, COLORADO 80631
Wi PHONE (970)353-6100, EXT.3540
C. FAX (970) 304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
LONGMONT CO 80504
PHONE (720)652-4210 ext. 8730
FAX (720)652-4211
July 20, 2006
Timber Rock Landscape Center
28629 CR 17
Windsor, CO 80550
RE: USR— 1495
In response to the letter signed by Cindi Rubiano dated 3/16/06 from Timber Rock Landscape Center it
does not appear that the conditions from the Building Department referral have been met at this time.
The building referral dated December 17, 2004 addressed five items that would require building permits.
At this time none of the required permits have been applied for.
Sincerely,
i
Bryon Horgen
Assistant Building official
TimberRock Landscape Center Weld Coun
28629 CR 17 G EELEY OFFICE
Partment
Windsor, CO 80550
JUL 2 8 2006
July 20, 2006 RECEIVED
RE: USR 1495
Dear Michelle,
I have been working from the list you supplied Jess regarding missing items from
your file. I had handed in most of the relevant documents to you back in April
when we met with you in the conference room at your office. At that meeting you
had stated for us to hold off on the site plan and landscape plan until the road
matter was completed and filed with the county. As for the other relevant items,
perhaps they got put in our old USR file? It appears that the road's legal
description has now been completed and recorded with the county, and King
Surveyors is working on getting our Site Plan/Landscape Plan finished as well.
Please check with all the appropriate entities regarding their approvals or
comments on the requirements, as we have addressed the issues on our end, and
have heard back only from Don Carroll that he has signed off on all concerns.
I have enclosed all of the relevant documents again for your review.
If you have any further questions or comments, please do not hesitate to contact
me at 970-388-7639. Jess and I will be out of town July 30th through August 4th.
Please realize that most of these matters were held up because of the harassment
we have had to endure from the opposing neighbors. Thank you for your time and
consideration as always.
Sincerely,
cirrifa ��
Cindi Rubiano, TimberRock
cc: Jess Aragon
Rick Zier
Lee Morrison
TimberRock Landscape Center
28629 CR 17
Windsor, CO 80550
July 20, 2006
RE: USR 1495
Dear Michelle,
This following list in keeping with the same order as the Resolution
including the enclosed additional documentation should address the
remaining missing items in which we were required to address:
A. Upon contacting the Colorado Department of Public Health and
Environment, we were told by Mr. Sunday Fadeyi that our USR
does not require an APEN permit. This information has been sent to
Char Davis. (see enclosed copy of letter).
B. A Dust Abatement Plan has already been approved by the Weld
County Department of Public., Please contact Char Davis.
Hers-fin t env;✓ar..ity£(
C. No Stormwater Discharge Permit is required per Mr. Nathan Moore
of the Water Quality Control Division of the Colorado Department
of Public Health and Environment. (see Char Davis).
D. A waste handling plan has been submitted to Char Davis. (see copy
of April letter), as well as letter dated July 20, 2006.
E. In reference to the requirements listed by Roger Vigil of the Weld
County Department of Building Inspection, all of the structures were
built with proper permits that were approved by Weld County. All
the concerns were met prior to the final USR hearing in Feb. 2006.
The county has copies of these documents in the file. A letter was
also sent in April (copy is enclosed). There has been no response by
Mr. Vigil.
F. The Landscape Screening Plan will include completed opaque
screening to screen all landscape materials stored on the site.
1) Screening will not entirely hide all equipment, trucks, loaders,
and trailers however.
2) Trash collection areas are already - tirely screened from view,
and have been designed to preve t-ing scattered.
3) All on-site lighting is located in places so that beams or rays of
light will not shine directly onto adjacent properties... 3 fECU0.11h L)(iffs
4) The business sign is 3' x 5' and does not exceed 16 square feet
in area, and is located on the access road adjacent to CR 17 to
the east of the row of mail boxes.
G. All of the improvements regarding landscaping, screening, access
improvements, and parking lot have been completed.
H. The plat will contain the relevant items listed in the Resolution.
The City of Greeley has been contacted, and in speaking with Joel
Hemasath in the Department of Transportation and Engineering, he
stated that "no access permit or traffic study needed to be
submitted." He can be reached at 350-9269. Also this was
confirmed by Michael Witley of the same depaitment.
J. Don Carroll of the Department of Public Works has already
inspected and approved all relevant items listed in the referral. (A
copy of our letter sent in April is enclosed).
K. A letter (enclosed) was sent to the Windsor/ Severance Fire
Protection District to address their concerns, but there was no written
reply received back from them. Also, Mr. Aragon phoned to discuss
the same concerns, so an attempt has been made to address all of the
items.
L. A letter was sent to the City of Greeley to the attention of Darrell
Gesick regarding non-transportation issues. (see copy enclosed).
1.) Outdoor storage of items meant to be stored outside is
screened.
2.) Access drives and parking areas are surfaced with gravel.
3.) A landscaping buffer is provided to help screen materials.
M. There are currently no leases with any oil and gas companies, nor are
there any interested in surface development of the property at this
time. However, we have enclosed the signed agreements with all of
the mineral owners. (see enclosed copies).
N. A letter was written to the Sheriff's office in April addressing all the
items in the referral. We have received no written response. (see
enclosed copy).
O. The entire site plan with 2 paper copies of the plat is being provided
with this submittal.
Michelle,
If you feel you are still missing some items, please call Cindi at 388-7639 so
that she may provide you with any additional evidence. Thank you.
Sincerely,
Jess Aragon
Enclosures
cc: Rick Zier
Lee Morrison
TimberRock Landscape Center
28629 WCR 17
Windsor, CO 80550
July 20, 2006
Charlotte Davis, Enviromental Health
RE: USR 1495
Dear Char:
I am writing this letter to you regarding the requirements that have now been
addressed, please forward your approvals to Michelle Martin:
1.) A.P.E.N. Permit. I spoke with Sunday Fadeyi of the Small Business
Assistance Program within the office of the Colorado Department of Health
and Environment. According to Mr. Fadeyi our USR is exempt from
needing a permit according to Regulation 3, Part A, Section II.D. in part
because our site is less than 25 acres,the emissions from sources on site are
considered to have a very small impact on air quality, and the fugitive
emission on site of from natural constituents from native soils and rock
without any added chemical or mechanical processes.
2.) We have already submitted our dust abatement plan to you which you
approved, so I am assuming that condition has been met.
3.) I contacted The Water Quality Control Division of the Colorado Department
of Public Health and Environment, and spoke with Nathan Moore. He said
that we would not be required to have a permit for stormwater discharge.
4.) As far as waste handling goes, we do not have any waste beyond the normal
type of trash any business would have. We have contracted with Waste
Management in Greeley, and currently have a 3 yd. dumpster which they
empty up bi-monthly. We do not store or dispose of any chemicals. The
address for Waste Management is: 1925 15` Street, Greeley, CO 80631, and
their phone number is 1-866-482-6319. I believe that is all of the
requirements that we had not dealt with already, so if you do not have any
questions or concerns, could you please contact Michelle Martin and sign off
on anything you might have with your department? If not, please contact me
to let me know what else you might need at 686-0442. Thanks Char.
Sincerely,
cM : °
Cindi Rubiano, TimberRock
cc: Michelle Martin
Rick Zier, Attorney
35io rta\4 7 z(� -cc)
Chi Cale
5 IGe vvi 9-iu 50� (A-11
TimberRock Landscape Center
28629 Cr 17
Windsor, CO 80550
April 20, 2006
Don Carroll
Weld County Public Works Dept.
1111 II Street
Greeley, CO 80631
Dear Mr. Carroll:
I am writing you today to inform you that we have widened the culvert to the 24'
that we discussed on the phone a couple of weeks ago. I believe we have met the
requirements you had outlined back on December 4, 2004. If you would like to
come out and go over the standards of our approval that pertain to Public Works,
please call Jess so that he can make sure he is here to discuss any questions or
concerns you might have. Otherwise, please contact Michelle Martin and let her
know we have met your criteria. If you have any comments, feel free to contact Jess
or myself at 686-0442. Thank you.
Sincerely,
Cindi Rubiano, TimberRock
Cc: Michelle Martin, Planner
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
6 4209 CR 24.5
LONGMONT, CO 80504
m martin
-4210, ld 8730
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
C.
COLORADO
July 12, 2006
Jess Aragon
1001 E. Harmony Rd #192
Fort Collins, CO 80525
Dear Mr. Aragon:
This letter is regarding your Site Specific Development Plan and a Special Review Permit (USR-1495)for
a business permitted as a use by right or accessory use in the Commercial Zone District (Landscaping
Materials Yard) in the A (Agricultural) Zone District located in Part of NE4 Section 8, T5N, R67W of the
6th P.M.,Weld County, Colorado. Parcel number 0957 08 000045.
The Department of Planning Services and has reviewed the information provided by you along with the
conditions of approval as stated in the resolution passed by the Board of County Commissioners on
Feburary 16, 2006 and have determined that the following items still need to be completed.
1.A. If applicable, the applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment
for emissions of criteria, hazardous or odorous air pollutants. The applicant shall submit written evidence
to the Department of Planning Services that they have met the Department of Public Health and
Environment requirements. (Department of Public Health and Environment)
1.C. A stormwater discharge permit may be required for a development/redevelopment/construction site
where a contiguous or non-contiguous land disturbance is grater than or equal to one acre in area.
Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment
at www.cdphe.state.co.us/wq/PermitsUnit for more information. The applicant shall submit written
evidence to the Department of Planning Services that they have met the Department of Public Health and
Environment requirements. (Department of Public Health and Environment)
1.D. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The applicant shall
submit written evidence to the Department of Planning Services that they have met the Department of
Public Health and Environment requirements. 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).
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). (Department of Public Health and Environment)
1.E. The applicant shall address the conditions (concerns) of the Weld County Department of Building
Inspection as indicated in a referral response dated December 17, 2004. Written evidence of such shall
be submitted to the Department of Planning Services. (Department of Building Inspection)
1.F. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan shall
address the following:
1) In order to mitigate the potential negative impact and aesthetic concerns on surrounding
properties, the applicant shall delineate an opaque visual screen on all sides of the property to
completely screen all materials stored on the site.
2) Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas.
Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and
adjacent properties. These areas shall be designed and used in a manner that will prevent wind or
animal scattered trash.
3) Section 23-3-250.B addresses operation standards for Commercial uses. The applicant shall
address the issue of on-site lighting, including security lighting if applicable. Subsection F. states
"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...."
4) The applicant has delineated one on-site sign. The signs shall adhere to Section 23-4-90.A and
.B of the Weld County Code. One identification sign per principal use shall be allowed, provided
that the sign does not exceed sixteen (16) square feet in area per face. (Department of Planning
Services)
1.G. The applicant shall complete all proposed improvement including those regarding landscaping,
screening, access improvements and parking lot requirements or enter into an Improvements Agreement
according to policy regarding collateral for improvements and post adequate collateral for all required
materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. (Department of Planning Services)
1.H. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR-1495. (Department of Planning Services)
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
3) The internal road shall enter onto the sixty (60) foot access road (easement) at a 90
degree angle for a minimum of one vehicle length to provide adequate sight distance in both directions.
(Department of Public Works)
4) The sixty (60) foot access easement is a joint ownership per Book 648, Reception #
1570019, and should be identified on the plat drawing. (Department of Public Works)
1.1. The City of Greeley has jurisdiction of County Road 17 at this location. The applicant shall submit
their traffic study prepared by Traffic & Transportation Engineering to the City of Greeley. The applicant
shall also contact the City to verify the access permit, or, for any additional requirements that may be
needed to obtain or upgrade an access permit. Written evidence that the applicant has complied with the
City of Greeley requirements pertaining to the access shall be submitted to the Department of Planning
Services.(Department of Public Works)
1.K. The applicant shall attempt to address the conditions (concerns) of the Windsor/Severance Fire
Protection District as indicated in a referral response dated November 23, 2004. Written evidence of such
shall be submitted to the Department of Planning Services. (Windsor/Severance Fire Protection District)
1.L. The applicant shall attempt to address the non-transportation conditions (concerns) of the City of
Greeley as indicated in a referral response dated December 7, 2004 and December 30, 2004. Written
evidence of such shall be submitted to the Department of Planning Services. (City of Greeley)
1.M. Written evidence from the oil and gas company indicating all requirements and agreements
between the surface developer and the mineral owners and/or lessees have been completed shall be
submitted or evidence that an adequate attempt has been made to mitigate their concerns shall be
submitted to the Department of Planning Services. (Department of Planning Services)
1.O. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within thirty (30) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department
of Planning Services)
Staff has determined that all the above items need to be submitted prior to July 28, 2006. If not
completed by August 14, 2006 two things will occur. First, staff will schedule a hearing before the Board
of County Commissioners to revoke your Use by Special Review permit. Second, the existing violation
on your property will be processed by the County attorney's office for action.
If you have further question, please contact me at the above address or call (720) 652-4210 ext. 8730.
Sincerely,
Michelle Martin, Planner II
-
•
14.
MEMORANDUM
TO: Michelle Martin, Planning Services DATE: July6, 2006
•C FROM: Donald Carroll, Engineering Administrator
COLORADO SUBJECT: USR-1495, Guedner/Aralon (Timber Rock)
This is a follow-up to all the items that are associated with the transportation portion or USR-1495.
Development Standards: Item #20. The applicant has been applying dust suppressant on the haul road
between WCR 17 and the entrance to Timer Rock. The application shall be no less than twice a year, or more
often as determined by the Weld County Public Works Department.
Item #21: Off-street parking, including the access drive, has been surfaced with gravel and dust control does not
appear to be a problem. The access road has been graded to prevent drainage problems.
Item #22: Each parking space adjacent to buildings has wheel guards or curb stops in place.
Item #23: The historical drainage patterns have been managed and directed towards culverts to catch and
release storm water from the site.
Conditions, Item #1J: Refers to my December 3, 2004, memo on road widening. The applicant had extended the
drainage culvert to accommodate two driving lanes and has extended the road to the west property boundary.
Please find attached the photo verifying the culvert extension and widening.
pc: USR-1495 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1495-B.doc
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TimberRock Landscape Center
28629 CR 17
Windsor, CO 80550
March 16, 2006
Roger Vigil
Building Official
Dept. of Building Inspection
RE; USR#1495
Dear Mr. Vigil:
This letter is written to address the conditions of the Weld County Department of
Building Inspection as indicated in a referral response dated December 17, 2004.
Our Use by Special Review Application was approved by the Board of County
Commissioners on Feb. 8,2006. In your referral,the structures you noted that
required building permits were approved by your department in 2005. At that time
they conformed to all the requirements and passed their inspections. We were
informed by the inspector at that time,that the retaining walls installed for our
displays did not require a building permit. The building height and setbacks of both
the 30' x 40' Pole Building and the 13' x 36' 3-sided building, met the departments
approval, and are all in compliance with requirements of the Weld County Code. If
you have any questions or concerns please contact the owner,Jess Aragon at 686-
0442. Thank you.
Sincerely,
Cindi Rubiano, Manager
,c\N,ecl 3- [6 Up
a D. 4. AlENT OF BUILDING INSPECTION
cif( Weld County Administrative Offices
918 10th Street, Greeley, 80 31
WEBSITE: www.co.weld.co.us
Phone (970) 353-6100, Ext. 3540
' Fax (970) 304-6498
C.
COLORADO
December 17, 2004
USR-1495
A Site Specific Development plan and Special Review Permit for a Business permitted as a use in the
Commercial Zone District (Landscape Materials Yard) in the A (Agricultural) Zone District.
1. All structures unless exempted by Weld County Code Section 28-2-20 will require a Building permit.
A. Change of use of the 30'x40' pole building from private storage to Group M ( Mercantile.) This includes
the 10' x 10' public bathroom. The building and bathrooms shall be accessible to persons with disabilities.
B. The 13' x 36' 3- sided pole building for storage of loaders/attachments and various hard goods.
C. The retaining walls.
D. The Kiosk
E. The deck that will be attached to the office.
2. A plan review is required for each building for which a building permit is required. Plans shall include a floor
plan. Two complete sets of plans are required when applying for each permit.
3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application.
Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International
Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National
Electrical Code and Chapter 29 of the Weld County Code.
4. Fire resistance of walls and openings, construction requirements, maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning
Ordinance.
5. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset
and setback requirements. Offset and setback requirements are measured to the farthest projection from the
building.
Please contact me for any further information regarding this project.
Sincerely,
o erNigil
Building Official
Service,Teamwork,Integrity,Quality
TimberRock Landscape Center
28629 CR 17
Windsor, CO 80550
March 16, 2006
Darrell Gesick
Planner I
City of Greeley
1100 10`" Street, Suite 202
Greeley, CO 80631
RE: USR#1495
Dear Mr. Gesick:
This letter is written to address the conditions of the City of Greeley as indicated in
a referral response dated December 7, 2004. Our Use by Special Review
Application was approved by the Board of County Commissioners on Feb. 8, 2006.
In your referral, you noted 5 comments. You noted concerns with the following
1.) Outdoor Storage: We do not store anything that would not customarily be
stored outdoors and do not store within any setback, public right-of-way or
in any landscaped areas.
2.) All materials stored outdoors are made of material that is resistant to
damage by weather.
3.) The access drives are covered with road base and washed rock, and are
treated with dust suppression chemicals to reduce any impact by the business
and any impact on air quality.
4.) There has been sufficient landscaping and fencing to provide buffering to
effectively screen the business activities from adjacent properties.
If you have any questions or concerns please contact the owner,Jess Aragon at 686-
0442. Otherwise, if you could please let Michelle Martin know that we have met
your criteria we would appreciate it. Thank you for your time and attention to
these matters.
Sincerely,
Cindi Rubiano,Manager
Cc: Michelle Martin /
Cindi Rubiano
TimberRock Landscape Center
28629 CR 17
Windsor, CO 80550
March 14,2006
Captain Mike Davis
100 7`h Street
Windsor, CO 80550
RE: USR- 1495
Dear Captain Davis:
This letter is written to attempt to address the concerns of the Windsor-Severance
Fire Protection District regarding a referral response dated November 23, 2004.
There were several items (8) referred to in this letter. The first five were submitted
on May 20,2006. All these requirements have been met. The last item, #8, that
was added, I believe, is not probable for us to accomplish because we have no access
to a city water system. We are not in the city limits for the Town of Windsor, but
rather in Weld County. We are located in a rural area and have to rely on septic
systems and domestic water at this time. I believe we have met all the other
requirements you had listed. Please feel free to contact Jess Aragon, the owner, at
686-0442, should you have any questions or concerns. Thank you.
Sincerely,
ey;,_
Cindi Rubiano, Manager
r&ee l4--eLe
iindsor-Severance
Fire Protection District
November 23, 2004
Weld County Planning Dept.
918 10th Street
Greeley, Co 80631
Attn: Michelle Martin
Re: USR-1495, Marcelle Geudner/Jess Aragon
Michelle based on the original submittal Dated May 20, 2003 and the limited information
in that submittal the following was the Windsor-Severance Fire Protection Districts
original requirements. I have included additional requirements for this project as I have
been provided with a lot more detail as it relates to the entire site with this current
submittal. The first five conditions are the original requirements and the current
requirements follow the originals.
1. The lot shall have its own access; each access shall be designed to carry a
designed wheel load of 18000pounds (80000 pound gvw) (H2O loading).
2. The access shall be constructed of a permanent all weather road base.
3. Addresses shall be posted clearly on the road fronting the property.
4. Addresses shall be posted clearly on the structures.
5. If any structures are located more than 150' from an approved accessway there
shall be alternative fire protection requirements enforced.
6. This site shall be provided with a minimum of(2) two points of access designed
(1 .4 to our standards.
t, 7. The internal circulation shall meet our standards. We utilize a B-40 turning
���,onal template for turning radi etc.
� �T"" 8. This site shall be provided with fire hydrants that are on a minimum of a 6" main
4ents • and this system shall be looped and capable of providing 1500 gpm at 20 psi with
a flow duration of 2hrs. Hydrant spacing shall be 300' apart and 150' from
structures.
If you have any questions, please contact me at 686-9596 ext 305.
Cordial] P
Captai Mike L Davis
Fire Prevention Division
d ev�y vvpaid Cst
cif?, at EP
ph 970.686.9596 • fx 970.686.9623 • 100 7th Street • Windsor,Colorado 80550 • www.windsor-severancefire.org
Cindi Rubiano
TimberRock Landscape Center
28629 CR 17
Windsor, CO 80550
March 14, 2006
Captain Mike Davis
100 7th Street
Windsor, CO 80550
RE: USR- 1495
Dear Captain Davis:
This letter is written to attempt to address the concerns of the Windsor-Severance
Fire Protection District regarding a referral response dated November 23, 2004.
There were several items (8) referred to in this letter. The first five were submitted
on May 20,2006. All these requirements have been met. The last item, #8, that
was added, I believe, is not probable for us to accomplish because we have no access
to a city water system. We are not in the city limits for the Town of Windsor, but
rather in Weld County. We are located in a rural area and have to rely on septic
systems and domestic water at this time. I believe we have met all the other
requirements you had listed. Please feel free to contact Jess Aragon, the owner, at
686-0442, should you have any questions or concerns. Thank you.
Sincerely,
fltiVdC
Cindi Rubiano, Manager
flacc 4 - I (Q - o(p
AGREEMENT OF MINERAL OWNERS
We,
_ ("Owner") and Jess
Aragon("Aragon"),hereby agree as of ws:
1. The use by special review ("US.R") proposed by Aragon on the real
property described on Exhibit A attached hereto and incorporated herein by thus reference
(the"Property") meets with our approval.
2. Currently there are no oil or gas activities on the Property, and none are
planned.
3 The USR plan for a proposed landscape business known as TimberRock
Landscape Center features limited permanent fixed improvements on the Property, would
provide improved access over what has existed historically, and would reasonably
mitigate any concerns of the Owner on the Property regarding any future mineral
exploration.
DATED and effective this •Vitil day of 3AM/aily 2005.
"4„) •
O ner J
Owner
Owner
Owner
AGREEMENT OF MINERAL OWNERS
We, kr≥.. - COwner") and Jess
Aragon("Aragon"),hereby agree as follows:
I. The use by special review ("US.R") proposed by Aragon on the real
property described on Exhibit A attached hereto and incorporated herein by this reference
(the "Property") meets with our approval.
2. Currently there are no oil or gas activities on the Property, and none are
planned.
3. The USR plan for a proposed landscape business known as TimberRock.
Landscape Center features limited permanent fixed improvements on the Property, would
provide improved access over what has existed historically, and would reasonably
mitigate any concerns of the Owner on the Property regarding any future mineral
exploration.
DATED and effective this . '-Jti1 day of .7AN'Atly ,2N5
Owner JAralPild—rt
Owner
Owner
Owner
AGREEMENT Of MINERAL OWNERS
We, 7 L.E. oFLk2.L114E. ("Owner") and Jess
Aragon ("Aragon"),here y agre as follows: --rem-c:
1. The use by special review ("USR") proposed by Aragon on the real
property described on Exhibit A attached hereto and incorporated herein by this reference
(the "Property") meets with our approval.
2. Currently there are no oil of gas activities on the Property, and none are
planned.
3. The USR plan for a proposed landscape business known as TiznberRock
Landscape Center features limited pernnane-t Mixed improvements on the Property, would
provide improved access over what has existed historically, and would reasonably
mitigate any concerns of the Owner on the Property regarding. any future mineral
exploration.
DATED and effective this ..y fll day of -314/11AVI , 20Q5
GG
Owner Ji
a i?9 Qdt ) us aF 2., ll'. 4 C E T1 7-
Owner
Owner
Owner
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Cindi Rubiano
TimberRock Landscape Center
28629 CR 17
Windsor, CO 80550
March 06, 2006
Dave Tuttle
Weld County Sheriffs Dept.
1950 O Street
Greeley, CO 80631
RE: USR 1495
Dear Mr. Tuttle:
Our USR was approved by weld County on February 8,2006 and you office had
some recommendations that became part of our design standards. In order to
address your concerns I have listed them in the same order you had written them in
your correspondence to Michelle Martin on November 30, 2004. They are as
follows:
1. Our delivery trucks are all equipped with tarps and all loads transporting
materials are covered to reduce loose materials on the roadway.
2. Our 800' access road is compromised entirely of road base which we
maintain to a high quality standard. Paving in this particular instance
would not be appropriate at this time. However, safety is of utmost
concern to us, and we will take extra precautions to make sure no foreign
materials enter the roadway.
3. We would like to participate in your Crime Prevention through
Environmental Design program. Please contact me with more
information.
Thank you for your comments regarding our application. Please feel free to contact
me any time. Thank you.
Sincerely,
Cindi Rubiano, Manager
U � G � 3 — - (P
MEMORANDUM
To: Michelle Martin
From: Dave Tuttle
Date: November 30, 2004
Subject: USR-1495
The sheriffs office recommends the following improvements for this landscape materials
yard.
1. The sheriffs office requests that gravel trucks transporting materials out of the
area on county roads assure that their loads are covered, thus reducing loose
materials on the roadway and the amount of damage to vehicles.
2. The Sheriffs Office also requests that gravel trucks and other vehicles leaving
the site do not bring foreign materials on to the roadways on their tires. This
may be accomplished by paving a short distance prior to entering the public
roadway.
3. The sheriffs office would be willing to provide a program entitled Crime
Prevention through Environmental Design to the developer. This program
reduces the likelihood of criminal activity at a specific location by
"hardening" it to crime.
The Sheriffs Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the Board of County
Commissioners or as indicated by growth not considered at the time the plan was
developed. I have no other comments on this proposal.
fr
TimberRock Landscape Center
28629 Cr 17
Windsor, CO 80550
March 06,2006
Don Carroll
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80631
Dear Mr. Carroll:
I am writing you today to inform you that we have begun work on the culvert to
widen it to the 24' that we discussed on the phone a couple of weeks ago. We will
call you when it is completed. Hopefully the weather will cooperate and we can
finish it soon. I believe we have met the other requirements you had outlined back
on December 4, 2004. The only one I was not quite clear on is the Storm Water
Drainage requirement. Perhaps you can give me some direction here, or let me
know if this item does not pertain to us. We have installed quite a few retaining
walls, as well as, French drain systems and the run-off is being controlled within the
site. All of our stained mulches are stained with natural dyes and are not stored in a
place where there is run-off.
If you have any comments, feel free to contact Jess or myself at 686-0442. Thank
you.
Sincerely,
Cindi Rubiano, TimberRock
3- 4 Dto
Weld County Planning Department
GREELEY OFFICE
t� !]EC � 200
MEMORANDUM RECEIVE
TO: Sheri Lockman, Planner II DATE: December 3, 2004
C FROM: Donald Carroll, Engineering Administrator 4` ✓
•
COLORADO SUBJECT: USR-1495, Marcelle Guedner c/o Jess Aragon
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section
23. Our comments and requirements are as follows:
COMMENTS:
,-Access: WCR 17 (arterial roadway) and 60 feet of right-of-way at this location has been annexed by the City
of Greeley.
REQUIREMENTS:
mite Access: The internal road shall enter on to the easement at a 90° angle for a minimum of one vehicle
length to provide adequate sight distance in both directions.
,Easement: The 60-foot access easement is a joint ownership as per Book 648, Recording 1570019, and it
should be identified on the plat drawing.
`,Road Widening: The roadway narrows just past the entrance to Timberrock to a one-way lane across the
drainage pattern. This is a safety concern. There should be two driving lanes extended to your west property
line.
l
Dust Control: The applicant shall apply dust suppression chemical (magnesium chloride or calcium chloride)
on the haul road between Weld County Road (WCR) 17 and the entrance to the site no less than twice a year
or as determined by the Department of Public Works.
Off-Street Parking: The off-street parking including the access drive shall be surfaced with gravel and dust
control or the equivalent and shall be graded to prevent drainage problems. Each parking space adjacent to
the building shall be equipped with wheel guards or curb stops where necessary to prevent vehicles from
extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences,
or planting.
•'Storm Water Drainage: Section 23-2-240 5a and b (drainage report), and Section 24-7-120 A(1) (storm
drainage requirements). The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off.
I am referring a portion of the storm water drainage to the Weld County Health and Environment Department,
as some of the landscaping material may deal with dyed or stained bark or tree products.
pc: USR-1495 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1495.DOC
Page 1 of 1
Michelle Martin
From: Charlotte Davis
Sent: Wednesday, February 15, 2006 11:08 AM
To: Michelle Martin
Subject: USR-1495
Michelle, I have reviewed my files for compliance of Health related conditions for USR-1495. The following is
what I have on file:
Condition 1B Dust Abatement plan A plan has been submitted, reviewed and is approved by this department.
This condition can be removed.
At this time I have not received information for Condition 1A, 1C, or 1 D.
Best Regards, Char
0f/15/201)6
Michelle Martin
From: Lee Morrison
Sent: Friday, February 03, 2006 3:17 PM
To: garry.weinmeister@kodak.com
Cc: Michelle Martin; Bethany Salzman; Kim Ogle
Subject: RE: Easement Requirements
Garry
It is my opinion that the Court has resolved that issue. The issue I was referring to was
the unreasonable increase in the burden on the property over which the easement passes
based upon the intent of the parties when the easement is created. Your lawsuit requested
either a determination that T-Rock unreasonably increased the burden (which the Court did
not do) or a partition. The Court granted a partition combined with creation of an
easement. The use and maintenance of the new easement is specifically addressed in the
Order at paragraph 5. I do not read the language as prohibiting the use of the easement
by T-Rock.
This is a summary of what I intend to tell the Board. Certainly you or your counsel may
chose to present your interpretation
Lee D. Morrison
Assistant Weld County Attorney
915 10th St. , PO Box 758
Greeley, CO 80632 (970)
356-4000 x 4395 : FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the
intended recipient, please reply and delete your copy of this message
Original Message
From: garry.weinmeister@kodak.com [mailto:garry.weinmeister@kodak.com]
Sent: Friday, February 03, 2006 6:29 AM
To: Lee Morrison
Subject: Easement Requirements
Good Morning Lee,
I have a question for you. Back three years ago when we all started the
TimberRock marathon, I recall you telling me that if the private access
road that we all use were an easement, then TimberRock/Aragon would have to
get signatures from all of the owners (?) / users (?) ( I don't recall the
correct term) of the easement. Since it was not an easement, but was a
private parcel of property, the requirement did not apply. Since the court
ruling has now partitioned the road and defines the access road as an
easement, doesn't the approval signatures of the owners/users now become a
requirement?
Thanks, Garry
Garry Weinmeister
Engineering Technologist
KCD Utilities
Phone: 970-686-4142
Fax: 970-686-4290
1
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379 1 of 18 R 91.00 0 0 00 Steve Moreno Clerk&Recorder
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made this 9th day of August ,2004,by
and between THE CITY OF GREELEY,Colorado,a home rule municipality(Greeley")and THE
TOWN OF WINDSOR,Colorado,a home rule municipality("Windsor")establishing the terms •
and conditions for land use site and building standards and utility services with a Cooperative
Planning, Land Use and Utility Areas. The parties hereto, when referring to both, may also be
referred to hereinafter as"municipalities"or"parties." Either party hereto may also be referred to
as"municipality"or"party."
WHEREAS, Greeley and Windsor entered into an Intergovernmental Agreement in June
2001, for the purpose of preparing a development plan for US Hwy 34 between WCR 13 (county
line)and SH 257, and along SH 257 between the corporate limits of each community;and
WHEREAS,the Development Plan was completed and has been accepted by the Greeley
City Council and Windsor Town Board; and
WHEREAS,the implementation of the plan requires cooperation and coordination between
the municipalities for the provision of various municipal services such as utilities,planning/land use,
transportation,parks/recreation/open space and public safety;and
WHEREAS,the adopted Plan envisions future intergovernmental agreements which will
outline the specific procedures to provide the necessary services to implement the Development
Plan;and
WHEREAS, the municipalities desire an agreement for planning, land use and utility
services; and
WHEREAS,the parties have come to an agreement regarding the terms and conditions for
such planning, land use and utility purposes,and
WHEREAS,it is in the best interests of the citizens of Greeley and Windsor to enter into
this Agreement; •
NOW,THEREFORE, IN CONSIDERATION OF THE PROMISES HEREAFTER
SET FORTH, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. Establishment of Cooperative Planning, Land3Jse and Utility Areas There is hereby
established a Cooperative Planning,Land Use and Utility Area(CPUA) consisting of a Principal
employment corridor area and a secondary corridor area.
(a) Principal Employment Corridor. Principal Employment Corridor includes
all land depicted on Exhibit A, attached hereto and incorporated herein by
reference, and is generally described as that area one-half mile north and
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FILE INCLUDES
VHS VIDEO ENTITLED TIMBERROCK
AND CD WITH SAMPLES OF
TIMBERROCK VIOLATIONS
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