HomeMy WebLinkAbout20021587 HEARING CERTIFICATION
DOCKET NO. 2002-42
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1381
FOR A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (GREENHOUSE AND RETAIL
GARDEN CENTER) IN THE A(AGRICULTURAL) ZONE DISTRICT - LINDA DANIEL
A public hearing was conducted on June 19, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Carla Angeli
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 31, 2002, and duly published June 5, 2002, in
the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Linda Daniel for a Site Specific Development Plan and Use by Special
Review Permit #1381 for a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts(greenhouse and retail garden center)in the A(Agricultural)
Zone District. Lee Morrison,Assistant County Attorney, made this a matter of record. Carla Angeli,
Department of Planning Services, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. Ms. Angeli
explained Kjersten Daniel is the applicant's daughter, who resides on the site and maintains the
greenhouse and business. Ms. Angeli gave a brief description of the location of the site, which is
approximately 15.29 acres. She stated the west half of the parcel is not prime farmland; however,
the east half is designated as prime farmland and is used to grow alfalfa. She gave a brief
description of the surrounding uses, and stated the retail garden shop is located on the north half
of the site. She further stated there is an existing single family residence, and the current
greenhouse will be used until the new building is constructed. Ms.Angell explained Ms. Daniel has
been growing the products on the property, which is a use allowed by right, and this permit would
allow the sale of products grown off site. She stated the applicant proposes to use a two-panel
sign for advertisement, each panel measuring four feet by eight feet, which exceeds the allowed
16 square feet. Ms. Angeli stated ten referral agencies reviewed this proposal, three responded
indicating no conflict with their interests, and six responded favorably with proposed conditions.
She further stated the City of Greeley is recommending denial of this application; however, it also
included Conditions of Approval should this proposal be approved. She stated the site is serviced
with water from the North Weld County Water District,and a septic system. Ms.Angeli stated there
is an existing gravel access, which is adequate to serve the proposed use. In response to Chair
Vaad, Ms. Angeli concurred that Condition of Approval #2.E was added to address the concerns
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HEARING CERTIFICATION - LINDA DANIEL (USR #1381)
PAGE 2
expressed by Dr. Swartz, who requested fencing to screen the operation. She stated the
landscaping plan will address his concerns. Don Carroll, Department of Public Works, stated Weld
County Road 64, also known as"O" Street, has been annexed by the City of Greeley. In response
to Commissioner Geile, Ms. Angeli stated the City of Greeley has included proposed Conditions
of Approval, and she noted the applicant did attend the City Planning Commission hearing, and
continues to work with them on their requests. Commissioner Jerke expressed concern with
accepting conditions from the City of Greeley which may give them veto power over the completion
of this application. Ms. Angeli stated the conditions deal primarily with access, right-of-way,
landscaping,etc. Responding to Commissioner Geile,Mr. Carroll stated the City has not requested
any conditions beyond what the Weld County Department of Public Works will be requiring. Ms.
Angeli read the City's requests for the record.
Tim Clancy, Attorney, represented the applicant and stated Ms. Kjersten Daniel has a degree in
organic chemistry and she is the sole operator of this facility. He explained she would like to sell
items beyond what is grown in the greenhouse. He stated they have reviewed and agree with the
Conditions of Approval, and added they did attend the City of Greeley Planning Commission
hearing. He stated the City requested a right-of-way reservation, which already exists, and
although they are requesting the parking lot be paved, the applicant does not have the financial
means to comply with this that request at this time. He stated they are willing and able to address
all of the other requests presented by the City of Greeley.
Diana Fahrenholtz, surrounding property owner, stated she and her neighbors have only one
concern with this proposal regarding signage. She requested the applicant be restricted from
posting any lighted signage, which may detract from their property values. Ms. Angeli stated the
A (Agricultural)Zone District allows a four-foot by four-foot sign, and the applicant is requesting a
two-panel sign with exceeds that criteria. She stated a waiver of that requirement can be
addressed under this permit; it would not require approval from the Board of Adjustment. There
being no further comments, Chair Vaad closed public testimony.
Mr. Clancy stated the applicant does not intend to post a lighted sign, and added they are
agreeable to adding a Condition of Approval or Development Standard that would restrict any
lighted signage. In response to Chair Vaad, Mr. Clancy stated he and the applicant have reviewed
and agree with the Conditions of Approval and Development Standards as proposed and modified.
Ms. Angeli proposed Condition of Approval#1.E be amended to add, "A sign plan which conforms
to requirements in the A(Agricultural)Zone District, with the exception of Section 23-4-90.B. The
sign shall be two panel, and not to exceed 64 square feet in area, and shall not exceed six feet in
height. The sign on the premises shall not be eliminated."
Commissioner Long moved to approve the request of Linda Daniel for a Site Specific Development
Plan and Use by Special Review Permit#1381 for a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts (greenhouse and retail garden
center) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff
and the Planning Commission, with the Conditions of Approval and Development Standards as
entered into the record. His motion also included amending Condition of Approval #1.E to add,
"A sign plan which conforms to requirements in the A(Agricultural)Zone District,with the exception
of Section 23-4-90.B. The sign shall be two panel, and not to exceed 64 square feet in area, and
shall not exceed six feet in height. The sign on the premises shall not be eliminated." The motion
was seconded by Commissioner Jerke, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:25 a.m.
2002-1587
PL1607
HEARING CERTIFICATION - LINDA DANIEL (USR #1381)
PAGE 3
This Certification was approved on the 24th day of June 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WED COUT, COLORADO
ATTEST:gel/ �' ` a
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Weld County Clerk to G: 4..o
BY: 4 David E. Lon ro-Tem
Deputy Clerk to the By� ��
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TAPE #2002-19 EXCUSED DATE OF APPROVAL
ill' m H. rke
DOCKET #2002-42
Robert D. Masden
2002-1587
PL1607
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1381 - LINDA DANIEL
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 05/07/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
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