HomeMy WebLinkAbout20021383 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Linda Daniel c/o Tim Clancy Case Number USR-1381
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Planning Commissioner field check form
5 Letter to Applicant X
6 Legal Notifications/Photograph of sign posting X
7 Application X
8 Maps X
9 Referral List X
10 Referrals without comment X
Referrals with comments
11 Weld County Department of Public Works, referral received X
04/12/2002
12 Weld County Department of Public Health and Environment, X
referral received 04/08/2002
13 Weld County Department of Building Inspection, referral X
received 04/08/2002
14 Weld County Sheriff's Office, referral received 04/10/2002 X
15 Weld County Department of Planning Services (Landscaping), X
referral received 03/19/2002
16 Eaton Fire Protection District, referral received 03/28/2002 X
17 City of Greeley, referral received 04/23/2002 X
18 Deed/Certificate of Conveyances X
19 Surrounding Property/Mineral Owners X
20 Letter from Gary& Linda McEleleny, received with application X
21 Letter from Charles & Helen Bass, received with application, X
dated 01/15/2002
22 Utilities X
23 Soil Survey X
EXHIBIT
2002-1383 A
use-41381
I
PC Exhibits
24 Letter and photos from Jeffrey Schwartz, received 05/07/2002 X
25 X
26
27
28
29
I hereby certify that the## items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office.
(2 (27
Carla Angeli v PI ner
r
1
LAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Number: USR- 1381 Hearing Date: May 7, 2002
Applicant: Linda Daniel c/o Tim Clancy of Address: 822 7th Street, Ste. 760
Witmer, Oldenburg, Barry, Greeley, Colorado 80631
& Bedingfield, LLP
Request: A Site Specific Development Plan and a Special Review Permit fora Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone District (Greenhouse and Retail Garden Center) in the A
(Agricultural) Zone District
Legal Description: Lot B of RE-2800; Pt. of the E2 of the SE4.of Section 26, Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 64 CO" Street)and West of and
adjacent to Weld County Road 35 (35`" Avenue)
Size of Parcel: 15.29 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 03/14/2002
• Weld County Department of Public Health and Environment, referral received 04/08/2002
• Weld County Department of Public Works, referral received 04/12/2002
• Weld County Department of Building Inspection, referral received 04/03/2002
• Weld County Sheriffs Office, referral received 04/10/2002
• Eaton Fire Protection District, referral received 03/28/2002
• West Greeley Soil Conservation District, referral received 03/21/2002
Division of Wildlife, referral received 03/23/2002
• Weld County Department of Planning Services(Landscaping), referral received 03/19/2002
City of Greeley, referral received 04/23/2002
USR-1381, Linda Daniel c/o Clancy, 1
EXHIBIT
I a
‘startv, SPECAL REVIEW PERMIT
WILDc ADMINISTRATIVE REVIEW
COLORADO
Planner: Carla Angell
Case Number: USR-1381 Hearing Date: May 7, 2002
Applicant: Linda Daniel do Tim Clancy of Address: 822 7" Street, Ste. 760
Witmer, Oldenburg, Barry, Greeley, Colorado 80631
& Bedingfield, LLP
Request: A Site Specific Development Plan and a Special Review Permit for a Use
by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Greenhouse and Retail Garden
Center) in the A (Agricultural) Zone District
Legal Description: Lot B of RE-2800; Pt. of the E2 of the SE4 of Section 26, Township 6
North, Range 66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 64 ("O" Street) and West of
and adjacent to Weld County Road 35 (35' Avenue)
Parcel Size: 15.29 +/- acres
Parcel Number: 0805 26 000048
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-
2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect. The greenhouse and retail
garden center is located on a 15 acre site which is less than the eighty (80) acres
considered to be a viable farm operation. The growing and selling of crops and
goods is consistent with the continued support of agriculture.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-20.D. of the Weld County Code provides
for the cultivation, storage, and sale of crops, vegetables, plants, flowers and
nursery stock raised on the premises as a Use by Right in the A (Agricultural)Zone
District (greenhouse). Section 23-3-40.R. of the Weld County Code provides for
any use permitted as a Use by Right, an Accessory use, or a Use by Special
USR-1381, Linda Daniel c/o Clancy, 2
Review in the commercial or industrial zone districts (retail garden center).
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. To the north the uses include agriculture and
residential units (Seeley Lake Subdivision). To the west, is agriculture, houses, and
a proposed veterinary clinic currently under review by this office (USR-1382). Most
of the property to the west is annexed by the City of Greeley. To the south, is the
City of Greeley annexations which include a gravel mining operation. Also to the
south is the River View Estates minor subdivision. To the east, is agriculture and
single family houses.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The site is located within the three mile
referral area of the City of Greeley. The Greeley Planning Commission has denied
this recommendation because it is not consistent with the City's 2020
Comprehensive Plan and Development Code. However if approved does
recommend several conditions as stated in the referral response received April 23,
2002.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The East
portion of the site is designated as "Prime" and the West portion of the site is
designated as "Not Prime" as identified on the Farmlands of National Importance
map dated 1979. The 15 acres is not considered a viable farm operation, however,
it is being used to grow plants and flowers.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval and Development Standards ensure that there are adequate provisions
for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The plat shall delineate the following:
1) The plat shall be titled Use by Special Review 1381 (USR-1381)
r
USR-1381, Linda Daniel do Clancy, 3
2) The attached Development Standards. (Department of Planning Services)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department
of Public Health and Environment, Environmental Health Services Division.
Evidence of approval shall be submitted to the Weld County Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including
expected volumes and types of waste generated. (Department of Public
Health and Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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)
C. The existing septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed the system shall be brought into
compliance with current regulations. (Department of Public Health and
Environment)
D. The applicant shall address the requirements of the Eaton Fire Protection District
as stated in the referral response received March 28, 2002. (Department of
Planning Services)
E. The applicant shall submit an approved landscape, screening, and lighting plan.
These plans shall address the requirements as stated in the memorandum/referral
received March 19, 2002, from the Department of Planning Services.
F. The applicant shall contact the Weld County Sheriff's Office to discuss safety and
security issues as stated in the referral response received April 10, 2002. Written
evidence shall be submitted to the Department of Planning Services that the
applicant has been in contact with the Sheriff's Office. (Department of Planning
Services)
G. The applicant shall attempt to address the requirements of the City of Greeley as
stated in the referral response received April 23, 2002. (Department of Planning
Services)
H. The applicant shall address the requirements of the Department of Public Works as
stated in the referral response received April 12, 2002. This includes submitting a
storm water drainage report to the Department of Public Works. Written evidence
USR-1381,Linda Daniel ccro Clancy, 4
shall be submitted to the Department of Planning Services that the report has been
reviewed by the Department of Public Works. (Department of Public Works and
Planning Services)
1. The applicant shall address the requirements of the Department of Building
Inspection as stated in the referral response received April 3, 2002 regarding
building permits and requirements. (Department of Building Inspection)
J. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for parking and
landscaping requirements. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to
recording the plat. (Department of Planning Services)
2. Prior to operation:
A. The current warehouse shall be permitted by the Department of Building Inspection
as a retail garden center. (Department of Planning Services)
B. All signs and entry piers shall have the appropriate building permits and shall meet
all setback requirements. (Department of Planning Services)
r-�
USR-1381.Linda Daniel Go Clancy, 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Linda Daniel c/o Tim Clancy
USR- 1381
1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District
(Greenhouse and retail garden center) in the A (Agricultural) Zone District, as indicated in
the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. The hours of operation shall be Tuesday through Friday from 10 a.m. to 7 p.m. and
Saturday and Sunday from 10 a.m. to 5 p.m. (Department of Planning Services)
4. All outdoor storage shall be screened from all adjacent property owners and public rights
of way. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department
of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Department of Public Health
and Environment)
8 Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
9. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health
and Environment)
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility. (Department of Public Health and Environment)
11. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld
USR-1381, Linda Daniel c/o Clancy, 6
County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public
Health and Environment)
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling. (Department of Public Health
and Environment)
14. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health and Environment,Water Quality Control Division. (Department
of Public Health and Environment)
15. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
16. The off street parking spaces including the access drive shall be surfaced with gravel,
asphalt, or concrete, and it shall be graded to prevent drainage problems. (Department of
Public Works)
17. Parking lots shall conform to all standards of the American with Disabilities Act
requirements. (Department of Public Works)
18. Each parking space should be equipped with wheel guards when necessary to prevent
vehicles from extending beyond the boundary of this space and from coming into contact
with other vehicles, walls, fences, sidewalks, or planting. (Department of Public Works)
19. There will be no staging or parking adjacent to Weld County Road 64 ("O" Street) or 35`h
Avenue. Internal parking lots shall be utilized. (Department of Public Works)
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
22. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
23. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
24. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
USR-1381. Linda Daniel clo Clancy, 7
Kit trli7;c:
) 353-6100, EXT.3540
DEPARTMENT OF PLANNING SERVICES
WliD�. PHONE (97055171THAVENUE
COLORADO GREELEY, COLORADO 80631
April 23, 2002
Linda Daniel c/o Tim Clancy
Witwer, Oldenberg, Barry& Bedingfield LLP
822 7'"Street Suite 760
Greeley CO 80631
Subject: USR-1381- Request for a Site Specific Development Plan and a Special Review Permit for a Use by Right,
an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone District(Greenhouse
and retail garden center)in the A(Agricultural)Zone District on a parcel of land described as Lot B of RE-
2800; part of the E2 of the SE4 of Section 26, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Please note corrected legal, thus the reason for this letter.
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for May 7, 2002, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. Please
call Greeley at(970)350-9780 for further details regarding the date,time,and place of this meeting. It is recommended
that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
11
Carla Angeli
Planner EXHIBIT
......... ritt -0.-
mule DEPARTMENT OF PLANNING SERVICES
PHONE (970) FAX (9 0 3X4.6490
FAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
March 13, 2002
Linda Daniel c/o Tim Clancy
Witwer, Oldenberg, Barry&Bedingfield LLP
822 7'h Street Suite 760
Greeley CO 80631
Subject: USR-1381- Request for a Site Specific Development Plan and a Special Review Permit for a Use by Right,
an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone District(Greenhouse
and retail garden center)in the A(Agricultural)Zone District on a parcel of land described as Lot A of RE-
2800; part of the E2 of the SE4 of Section 26, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for May 7, 2002, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. Please
call Greeley at(970)350-9780 for further details regarding the date,time,and place of this meeting. It is recommended
that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way. -
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
1, 7
Carla r Ang�fi—
e-- C ( L
Planner
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FIELD CHECK inspection date: 04/23/2002
CASE NUMBER: USR-1381
APPLICANT: Linda Daniel c/o Tim Clancy
LEGAL DESCRIPTION: Lot B of RE-2800; Pt. of the E2 of the SE4 of Section 26,
T6N, R66W
LOCATION: 3545 O Street; North of and adjacent to WCR 64 ("O"
Street) and West of and adjacent to WCR 35 (35th Avenue)
Zoning Land Use
N R-1 N Open, single family residence and Seeley Lake
Subdivision
E R-1 E Open
S R-1 and City of Greeley S River View Estates and Gravel Pit
W A (Agriculture) W City of Greeley Annexations
COMMENTS:
Roads: WCR 64 ("O" Street) is paved, annexed by the City of Greeley
WCR 35 (35'h Avenue) is paved, collector status road
Structures: House, warehouse, greenhouse, and hoop house
Landscaping:
Features: Wise Acres sign
Violations: none
Other:
Carla Angeli, Plana*
11 EXt�BtT
3
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