HomeMy WebLinkAbout20021385 *t
.. €42/Pr7 6a ett !Hal
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley,CO 80631
Phone(970)353-6100, Ext. 3540,Fax(970)304-6498
USE BY SPECIAL REVIEW APPLICATION
Application Fee Paid Receipt# Date
;Recording Fee Paid Receipt# Date
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
See Exhibit"A" attached hereto
PARCEL NUMBER: 0805-26-0-00-048 (12 digit number- found on Tax I.D. information or obtained at
the Assessor's Office.
Section 26, T 6N, R 66W- Total Acreage 15.29 (approx.)Zone District A Overlay Zone
Property Address(if available)3545 O Street.Greeley,Colorado. 80631
Proposed Use: Greenhouse and retail garden center
SURFACE FEE(PROPERTY OWNERS)OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT
Name: Linda Kay Daniel Address: 3545 O Street
!City/State/Zip: Greeley, CO 80631 Home Telephone:303-238-0687 Business Telephone:970-302-8880
Name: Address:
City/State/Zip: Home Telephone: Business Telephone
I APPLICANT OR AUTHORIZED AGENT(if different than above)
Name: Tim Clancy of Witwer. Oldenburg. Barry& Bedingfield.LLP
Address: 822-7th Street. Suite 760 City/State/Zip: Greeley, CO 80631
Home Telephone: Business Telephone 970-352-3161
DEPARTMENT OF PLANNING SERVICES USE ONLY
Case#
Floodplain: 0 Yes 0 No Geologic Hazard: ❑ Yes ❑ No
I hereby state that all statements and plans submitted with the application are true and correct to the best of
my knowledge.
Rev: 1-27-97 ignature: Owner or Authoriz HIBR
2002-1385 1 7
, JAN-09-02 WED 02:24 PI1 WEP1-COUNTY TITLE CO FAX NO. 970-252 0642 P. 03/03
• 1111111111111111111 IIII 1111111111111111 III 11111 I I I I I I I I •
--- 2835988 03/29/2001 11:20A JA Sold Tluk+mote
2 of 2 H 10.00 D 33.69 Weld County CO
LEGAL DESCRIPTION
Lot 11 of Recorded Exemption No, 0805-26-4-RE-2000, recorded September 21, '
2000 as Reception No. 2795357, being a part of the E1/2 of the SE1/4 of
Section 26, Township 6 North, Range 66 West of the 6th P.M. , County of
Weld, State of Colorado, lying North of the County Road No, 64 as the
name is now located and situated.
EXCEPT right of way as conveyed by Deed recorded November 12, 1904 in
Hook 218 at Page 423 .
AND
EXCEI"I' parcel of land as conveyed by Deed recorded April 3, 1915 in Book
400 tt Page 529.
ALSO EXCEPT a parcel of land conveyed to Kathleen L. Thomasson and cameo
R, Thomasson by Deed recorded June 4, 1916 in Book 768 as Reception No.
1690274 .
.-. ALSO EXCEPT a parcel of land conveyed to Kathleen L. Thomasson by Deeds
recorded November 13, 1990 in Book 1282 as Reception Nos. 02232782 and
02232703 .
r
sxr,u WW 1.0 .0 . 0 .31 WE 2835988-2001. 002
APPOINTMENT OF AGENCY
The Daniel Family, LLC, Wise Acres, Linda Kay Daniel, and Kirsten Daniel hereby
appoint Timothy V. Clancy, and the law firm of Witwer, Oldenburg, Barry & Bedingfield LLP to
act as their agent for all matters pertaining to their application for a Use by Special Review at
3545 O Street in Greeley, Colorado 80631
By: /',/L4
irsten Dam
Bye �7�th KaLti et, (/ "�,; , p ��
inda Kay D 1
WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
ATTORNEYS AT LAW
522 7TH STREET.SUITE 760
STOW L. WITWER.JR. PATRICK M.GROOM
R. SAM OLDENBURG GREELEY. CO 80631 TIMOTHY V.CLANCY
JOHN J. BARRY
JEFFREY T. BEDINGFIELD (970)352-3161
JACQUELINE JOHNSON FACSIMILE(970)352-3165
SENDER'S E-MAIL ADDRESS
TCLANCY@ WOBB-LLP.COM
February 4, 2002
Weld County
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Wise Acres USR application/
Response to Special Use Questionnaire
Dear Department of Planning:
This letter is submitted on behalf of"Wise Acres", and its representative Kirsten Daniel, in
connection with her application for a USR on an approximately 15 acre lot located in Weld County.
The lot is northwest of the intersection of 35th Avenue and O Street, and it is currently zoned "A".
As detailed below, Ms. Daniel would like to operate a greenhouse and retail garden shop on this
property.
The principal activity proposed, cultivating and then selling plants and flowers grown on the
premises, is allowed as a use by right under Section 31.2.4 of the Weld County Zoning Ordinance.
Because Ms. Daniel would also like to offer her customers some items not grown on the premises,
e.g., pots, books, crafts, Ms. Daniel is applying for a special use permit.
The proposed use will have only minor offsite impacts. The proposed location borders two
roads, 35th Avenue and O Street, and the proposed shop will be located to the rear of the lot so as
to insulate the center from surrounding properties. Traffic and noise impact to adjacent properties
should be very minor, as the vehicles visiting the center from the intersection of 35th Avenue and
O Street will not have to drive past the neighboring residences. Finally, it should be noted that the
existing greenhouse on the property will not be open to the public.
RESPONSES TO USE BY SPECIAL REVIEW QUESTIONNAIRE
1. The Proposed Use of the Property:
WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP
Weld County
Department of Planning Services
Page 2
February 4, 2002
Ms. Daniel, who has a degree in organic chemistry, would like to put her knowledge to
practical use by operating a greenhouse and small garden shop on the property. As the enclosed
letters of reference attest, Ms. Daniel would run a safe, clean, professional operation.
Specifically, Ms. Daniel would like to operate a retail garden shop carrying plant material,
potting soil,bulk goods and pots. Some plant material sold will be grown on the premises and some
will be purchased from wholesale greenhouse suppliers. The garden center will also carry items
related to home gardening, such as pottery, books, and southwestern arts and crafts.
The greenhouse,which is now located on the property, will be used to grow and propagate
plants. As noted above, the greenhouse will not be open to the public. The warehouse, attached to
the greenhouse, will be used for retail purposes until Wise Acres can construct the garden shop
reflected on the site plan.
2. Consistency with Weld Comprehensive Plan:
The proposed use is consistent with the Comprehensive Plan because it seeks to use the land
to grow and sell agricultural products. Moreover, given the parcel's size (15 acres), it is impractical
to use this property for other types of farming.
3. Consistency with the Intent of the Weld County Zoning Ordinance and the zone
district:
The proposed use is consistent with the intent of the Agricultural Zone District,as Ms. Daniel
will offer flowers and plant crops grown in an efficient greenhouse environment. Section 31.2.4 of
the Weld County Zoning Ordinance provides for a like use by right for such property zoned "A".
The only difference is that Ms. Daniel would like to offer her customers some products which are
not grown on the premises.
4. Surrounding Uses:
The proposed use is consistent with the property's historical agricultural use. Further, the
efforts to mitigate off-site impacts should ensure that the proposed use will remain compatible with
the neighboring uses. As noted above,the property is a relatively large lot located at the intersection
of two improved roads, 35th Avenue and O Street.
WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP
Weld County
Department of Planning Services
Page 3
February 4, 2002
Currently, land to the north of the lot is used for agricultural and mining operations, as there
are two active oil and gas wells approximately 300 feet to the north. To the west of the property
there is a residential home. To the south across O Street is a residential subdivision. Finally, there
is an operational sand and gravel quarry to the southwest across O street.
5. Details regarding Use:
a. How many people will use the site? This will be a seasonal operation, and so
except for the months of May and June, it is not anticipated that there will be
many customers. During May and June, it is anticipated that there may be
approximately 25 - 30 people at a given time.
b. How many employees will be on site? Three to Five.
c. What are the hours of operation? Peak Season(April 15 - June 30): Tues-F
10:00 a.m. to 7:00 p.m.; weekends 10-5; Off season: reduced hours, likely
open on an as-needed basis.
d. Structures to be built? Currently, one greenhouse (existing, perhaps up to
two more in the future); one warehouse(existing with expansion proposed to
be used as the retail area until the garden shop can be built); one residence
(existing); one temporary hoop house (existing); proposed -- garden shop.
e. What type of animals? None.
f. What type of vehicles? Passenger cars only during business hours, except for
one delivery truck for delivery per week is anticipated.
g. Who will provide fire protection? Eaton.
h. What is the water source? North Weld County Commercial Water Tap (Feit
Irrigation Well #11849R).
i. What is the sewage disposal? There is a septic tank on the premises.
j. Will there be any warehousing? No.
WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP
Weld County
Department of Planning Services
Page 4
February 4, 2002
6. Explain the Proposed Landscaping:
The attached plot plan contains landscaping details.
7. Proposed Reclamation Procedures:
No reclamation procedures will be necessary.
8. Storm Water Drainage:
The current natural drainage will not be disturbed.
9. Timetable for Construction and Landscaping:
All construction is or will be complete within six months of approval, except the garden
shop, which will take longer.
10. Storage of Wastes:
Wise Acres will contract with a reputable waste disposal company. Currently, it utilizes a
2 cubic yard dumpster from BFI and anticipates this will remain adequate. In any event, trash
service will be provided by a local sanitation company and stored in proper containers, away from
the public. Ms. Daniel will not tolerate any pests.
Thank you for considering her application. Please let me know if you would like any further
information.
Yours very truly,
WITWER, OLDENBURG,
BARRY& BEDINGFIELD, LLP
Timothy V. Clancy C/
TVC/vle
Enclosure
FOR COMMERCIAL SITES,PLEASE FILL OUT THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business Name: Wise Acres Phone: 970-302-8880
Address: 3545 O Street. Greeley CO 80631
Business Owner: Kirsten L. Daniel Phone:
Home Address: 3555 O Street City: Greeley. CO 80631
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
1. Kirsten Daniel Business Owner 3555 O Street, 970-302-8880
Greeley, CO 80631
2. Linda Daniel Property Owner 2190 Union Drive 303-238-0687
Lakewood, CO 80215
3. Bob Rushing Contractor
Business Hours: 10:00 a.m to 7:00 p.m Days: Tuesday through Friday
10:00 a.m. to 5:00 p.m. Saturday and Sunday
Type of alarm: None Burglar Holdup Fire Silent Audible
Name and address of alarm company: N/A
Location of Safe: None
******************************************************************************
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: 4 Location(s): NE wall of greenhouse;West wall
of warehouse, near South corner; West wall of warehouse, near North corner; overhead door north
wall of warehouse.
Is alcohol stored in building? NO Location(s):
Are drugs stored in building?NO Location(s):
Are weapons stored in building? NO Location(s)
The following programs are offered as a public service of the Weld County Sheriff's Office. Please
indicate the programs of interest.
Physical security check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main electrical: South exterior wall of warehouse
Gas shut off: Regulator near Northwest corner of warehouse
Exterior water shutoff: At the meter. in the pit just west of the current driveway approximately 15
feet west of the west wall of the current warehouse,housed in a six foot deep freeze - proof pit and
topped with a valve protected by a concrete footing
Interior water shutoff: Shutoff lever on West inside wall of warehouse.
r
Hello