HomeMy WebLinkAbout20053320.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Clement McNaney Case Number USR-1497
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
N Letter to Applicant X
' Affidavit of sign posting X
Legal Notifications X
2 Application X
'+ Maps X
Deed/Easement Certificate X
N, Surrounding Property/Mineral Owners X
N: Utilities
X
3 Referral List X
Referrals without comment X
.4 Weld County Zoning Compliance, referral received December 15,2004- y/aa/,,; X
4 Referrals with comments X
\: v tr/Wslo5
West Greeley Soil Conservation District, referral received December 20,2004 X
NI City of Greeley, referral received December 30,2004 w %//rdy,/cr: X
\; + 31z'Ic e/v/CS
Colorado Department of Transportation, referral received December 20, 004 X
N. Weld County Department of Planning Services, Landscape referral received X
December 21, 2004
\, Weld County Public Works, referral received December 22,2004 4. //)-7/e s- X
.. s/z/c
Weld County Public Health and Environment, referral received January 10, 2005 X
*Windsor-Severance Fire Protection District, referral received January 5,2005 X
Town of Windsor, referral received January 20, 2005 5/zc/c c X
Weld County Department of Building Inspection, referral received January 17, 2005 X
5 ft Cnliibats
n X
I hereby certify that the twenty one items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
Jacqueline Fiptch n Planner
.-- JJ
EXHIBIT
•
2005-3320 S
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7
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Planner: Jacqueline Hatch
Case Number: USR-1497 Hearing Date: June 7, 2005
Applicant: Clement McNaney Ill
Address: PO Box 298, Windsor CO 80550
Request: A Site Specific Development Plan and a Special Review Permit 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.
Legal Description: Lot B of RE-261; Pt of SE4 of Section 15, T6N, R67W of the 6th P.M., Weld
County, CO.
Location: North of and adjacent to State Highway 392 and approximately Y. mile west of
County Road 21.
Size of Parcel: 2.84 +/-acres Parcel Number: 0807 15 000053
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 December 15, 2004 and April 22, 2005
• Weld County Department of Public Health and Environment, referral received January 10, 2005
and May 2, 2005
• Weld County Department of Public Works, referral received December 22, 2004 and April 28,
2005
• Weld County Department of Building Inspection, referral received January 17, 2005
• Windsor-Severance Fire Protection District, referral received January 5, 2005 and April 26, 2005
• West Greeley Soil Conservation District, referral received December 20, 2004 and April 26, 2005
• Weld County Department of Planning, Landscape, referral received December 21, 2004
• City of Greeley, referral received December 30, 2004 and April 26, 2005
• Town of Windsor, referral received January 20, 2005 and May 20, 2005
• Colorado Department of Transportation, referral received December 20, 2004, March 8, 2005 and
May 4, 2005
The Department of Planning Services'staff has not received responses from the following agencies:
• Town of Severance
EXHIBIT
USR-1497 McNaney Page 1
40404
SPECIAL REVIEW PERMIT
W�`� O • ADMINISTRATIVE REVIEW
COLORADO
Case Number: USR-1497 Hearing Date: June 7, 2005
Applicant: Clement McNaney III
Address: PO Box 298, Windsor CO 80550
Request: A Site Specific Development Plan and a Special Review Permit 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.
Legal Description: Lot B of RE-261; Pt of SE4 of Section 15, T6N, R67W of the 6th P.M., Weld
County, CO.
Location: North of and adjacent to State Highway 392 and approximately % mile west of
County Road 21.
Size of Parcel: 2.84 +/-acres Parcel Number 0807 15 000053
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. Section 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses
will be accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the region."
Application materials indicate that the site can support the proposed use. Conditions of
Approval and Development standards ensure that a reasonable attempt will be made to
be compatible with the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides for a
business permitted as a use by right or accessory use in the Commercial Zone District as
a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. Single family homes surround the site on the north and
west of the site. The Town of Windsor has a Planned Unit Development planned for the
USR-1497 McNaney Page 2
east side of the site (Eastbrook). Agricultural uses are located to the south of the site.
Conditions of Approval and Development Standards ensure that the storage and parking
areas will be adequately screened from the adjacent properties.
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 lies within the three mile referral area for the Town of
Windsor, the Town of Severance and the City of Greeley. The Town of Windsor indicated
in their referrals received January 14, 2005 and May 20, 2005 that since the property has
approximately fifty percent (50%)contiguity with the Town of Windsor municipal boundary
the site should be annexed into the town prior to development and the County should
recommend denial. The Town of Windsor also states that the applicant has provided the
Town with a letter of intent stating that he will work the developer of the Eastbrook
Subdivision to the east to provide a single access point of access for both properties.
The Town of Windsor has also conducted a study of the Law Ditch floodway and has
determined that the site in almost entirely within the floodway and the Town of Windsor's
Engineering Department recommends that no new improvements be placed within the
floodway area. The property is not located within the floodplain or floodway as delineated
on Federal Emergency Management Agency FIRM Community Panel Map 080266 0605
D dated September 27, 1991 which the Board of County Commissioners has accepted.
The Town of Windsor has submitted a Conditional Letter of Map Revision to the Federal
Emergency Management Agency for acceptance. The referral also states that the
property is not being site-planned in the spirit of the Windsor-Severance IGA Cooperative
Planning Area and Development Plan which would result in the respective 'gateways' into
both Windsor and Severance being severely compromised because of the design criteria
and development standards not being incorporated into the design of the site. The City
of Greeley in their referral dated December 30, 2004 has recommended conditions that
they wish to see implemented should the proposal be approved. The City of Greeley in
their referral dated April 26, 2005 state that they have reviewed the request and find no
conflicts with their interests. Some of the City of Greeley's recommendations from the
April 26, 2005 referral have been incorporated into the Development Standards and
Conditions of Approval. No comments were received from the Town of Severance.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
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 small size of
the lot limit its agricultural value.
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.
r
USR-1497 McNaney Page 3
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 scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
B. The applicant shall obtain an access permit from the Colorado Department of
Transportation. Additional requirements may be necessary to obtain or upgrade the
permit. Evidence of approval shall be submitted to the Department of Planning Services.
(Departments of Planning Services and Public Works)
C. The applicant shall submit to the Department of Planning Services a
Screening/Landscaping Plan for review and approval. The plan shall include the
method of screening the outdoor storage of equipment or materials from adjacent
properties and future rights-of-way as outlined in the Department of Planning Services
landscaping referral dated December 21, 2004. (Department of Planning Services)
D. The applicant shall provide written evidence of a sign off on the Screening/Landscaping
Plan from the Colorado Department of Transportation. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall provide the Department of Planning Services with Statement of Taxes
from the Weld County Treasurer showing no delinquent taxes exist for the original parcel.
(Department of Planning Services)
B. The applicant shall provide the Department of Planning Services with a copy of a
recorded deed for the property. (Department of Planning Services)
C. West Greeley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (Department of Planning Services)
D. The applicant shall provide the Department of Planning Services with evidence of a
commercial water tap on the property. (Department of Planning Services)
E. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, 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. (Department of Public Health and Environment)
F. The septic system serving the existing residence 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
USR-1497 McNaney Page 4
compliance with current Regulations. 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)
G. 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)
H. 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)
The applicant shall attempt to address the requirements (concerns) of City of Greeley, as
stated in the referral response dated December 30, 2004. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
J. The applicant shall attempt to address the requirements (concerns) of the Windsor-
Severance Fire Protection District, as stated in the referral response dated January 5,
2005 and April 26, 2005. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
K. The applicant shall attempt to address the requirements (concerns) of the Town of
Windsor, as stated in the referral response dated January 20, 2005 and May 20, 2005.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
L. 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)
M. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1497. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
USR-1497 McNaney Page 5
3. The parking area shall be delineated on the plat with at a minimum eighteen (18)
parking spaces, one of which should meet the intent of the American's with
Disabilities Act. (Department of Planning Services)
4. State Highway 392 requires 200 feet right-of-way at full build out. A total of 100
feet from the centerline of State Highway 392 shall be delineated right-of-way
reservation for future expansion of State Highway 392. (Colorado Department of
Transportation)
5. A future connection to the Eastbrook site shall be delineated on the plat. The
direct access to State Highway 392 may someday be removed or restricted.
(Colorado Department of Transportation)
6. The access road should be at least 24 feet in width to accommodate two-way
traffic with adequate turning radiuses onto State Highway 392. (Department of
Public Works)
7. The off-street parking /loading areas including the access drive shall be surfaced
with gravel, asphalt, concrete or the equivalent and it shall be graded to prevent
drainage problems. Each parking space should be equipped with wheel guards
where needed to prevent vehicles from extending beyond the boundaries of this
space and from coming into contact with other vehicles, walls, fences, sidewalks,
or plantings. (Department of Public Works)
8. All future rights-of-way and common easements shall be identified and be placed
on the plat. (Department of Public Works)
9. The modular building on site shall be labeled correctly (office use with public
restroom). (Department of Planning Services)
10. If exterior lighting is to be a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.6.6 of the Weld County Code.
(Department of Planning Services)
11. The approved Landscape and Screening Plan. (Department of Planning
Services)
N. 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)
3. Upon completion of 1. and 2. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maos(rD.co.weld.co.us. (Department of Planning Services)
USR-1497 McNaney Page 6
5. Prior to the issuance of building permits:
A. 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)
6. Prior to Certificate of Occupancy
A. An individual sewage disposal system is required for the proposed modular office and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. The
applicant shall submit written evidence to the Department of Building Inspection that they
have met the Department of Public Health and Environment requirements. (Department
of Public Health and Environment)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
USR-1497 McNaney Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Clement McNaney III
USR-1497
1. The Site Specific Development Plan and Special Use Permit is 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, 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. Material piles shall not exceed the height of the opaque screening. (Department of Planning
Services)
4. The hours of operation are 8:00 am to 5:00 pm Labor Day to Memorial Day and 7:00 am to 7:00
pm from Memorial Day to Labor Day. (Department of Planning Services)
5. There shall be no more than six (6) employees on site as indicated in the application materials.
(Department of Planning Services)
6. The direct access to State Highway 392 may someday be removed or restricted. (Colorado
Department of Transportation)
7. In the event any governmental authority exercises its right to expand State Highway 392 into the
rights-of-way noted on this plat and such expansion requires the demolition, destruction,
alteration, or taking of any improvements existing on the subject property as of the date this plat
is recorded, the owner of the subject property shall be entitled to just compensation as
determined in an eminent domain proceeding for such property and its improvements. This
requirement shall be binding upon the parties regardless of the legal effect of whether the subject
rights-of-way are "reserved" or"dedicated".
8. The applicant shall provide dust suppressant chemical (magnesium chloride or calcium chloride)
on the haul road between the entrance and State Highway 392 no less than twice a year or as
needed determined by the Public Works Department. (Department of Public Works)
9. 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 increase, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
11. 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)
USR-1497 McNaney Page 8
r
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
13. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved dust abatement plan at all times. (Department of
Public Health and Environment)
15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
16. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
site. (Department of Public Health and Environment)
17. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
18. The facility shall utilize the existing public water supply. (North Weld County Water District)
(Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
20. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner in accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
21. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
23. 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.
(Department of Building Inspection)
24. 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. (Department of Building Inspection)
25. 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 Weld County Code. (Department of Building Inspection)
USR-1497 McNaney Page 9
24.
26. 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 23 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.
(Department of Building Inspection)
27. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
28. The landscaping on site shall be maintained in accordance with the approved
Screening/Landscape Plan. (Department of Planning Services)
29. On site lighting, including security lighting if applicable, shall maintain compliance with Section
23-3-250.6.6 of the Weld County Code. (Department of Planning Services)
30. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
33. Personnel from the Weld County Government 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.
34. 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.
35. 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-1497 McNaney Page 10
(it
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
918 10' STREET
wipe GREELEY, COLORADO 80631
COLORADO April 20, 2005
Clement McNaney
do JCB Engineering
400 Main Street, Suit A
Windsor, CO 80550
Subject: USR-1497- Request for A Site Specific Development Plan and Special Review Permit for a
business permitted in a use by right or accessory use in the Commercial Zone District(Landscape
Materials Yard) in the A(Agricultural)Zone District on a parcel of land described as Lot B of RE-
261; Pt of SE4 Section 15, T6N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant :
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 June 7, 2005, at 1:30 p.m. This meeting will take
place in the Hearing Room, Weld County Planning Department, 918 10`h Street, 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,Severance and Windsor
Planning Commission for their review and comments. Please call Greeley at 970-350-9780, Severance at
970-686-1218 and Windsor at 970-686-7476 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,Severance and
Windsor 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,
Jacqueline Hatch
Planner
44r� MEMORANDUM
Wi`l C. DATE: Weld County
2005ning Commissioners
January 31,
COLORADO
FROM: Jacqueline Hatch, Planne
SUBJECT: USR-1497
Clement McNaney do JCB Engineering LLC have applied for a Site Specific Development Plan
and a Special Review Permit 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.
The applicant is requesting a continuance of USR-1497 to allow for time to finalize the access to
the site. Staff is in support of the request to continue this case indefinitely to allow the applicant
time to finalize an access agreement.
JA/r0On 0‘
Goy,
r
l< Itrj
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
918 10'" STREET
GREELEY, COLORADO 80631
COLORADO December 15, 2004
Clement McNaney
do JCB Engineering
400 Main Street, Suit A
Windsor, CO 80550
Subject: USR-1497- Request for A Site Specific Development Plan and Special Review Permit for a
business permitted in a use by right or accessory use in the Commercial Zone District(Landscape
Materials Yard)in the A(Agricultural)Zone District on a parcel of land described as Lot B of RE-
261; Pt of SE4 Section 15, T6N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant :
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 February 1, 2005, at 1:30 p.m. This meeting will
take place in the Hearing Room, Weld County Planning Department, 918 10th Street, 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,Severance and Windsor
Planning Commission for their review and comments. Please call Greeley at 970-350-9780, Severance at
970-686-1218 and Windsor at 970-686-7476 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,Severance and
Windsor 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.
Respectfull
Jacquelin atch
Planner
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS fl74yot (OS THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROMA PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE
SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A
SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE)
INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENAL S OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAS EN DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR st- I W`1 IN THE A
(AGRICULTURAL) ZONE DISTRICT.
Name of Person Posting Sign —Jactftrislino.-HaLh
\,ion E-E/•\
Signature of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD rr �n vn
The foregoing instrument was subscribed and sworn to me this / day of % ,
2005. WITNESS my hand and official seal.
()DinicO/4,
Notary Public BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires:
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A PUBLIC HEARING CONCERNING
THIS PROPERTY WILL BE HELD AT
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4, 4 A - t PLANNING SERVICES AT . p �, 1` ..-0 T . iii : 4
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•
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS I J i' 110S- THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL
REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN
THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A
PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENA_L_TeLES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEASRTENLp}FTEEM DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR°ti`ri? IN THE A
(AGRICULTURAL) ZONE DISTRICT.
Name of Person Posting Sign
nature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me this/q day of Mai /U�1
204-WITNESS my hand and official seal.taj9Notary Public
My Commission Expires: //4019‘ •
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Apr 07 06 05: 31p Yvonne M. Morman M. A. (970) 674-9674 p. 1
APR-07-2I 06 FR 112 56 Pr . FAX NO. •
P. 01/01
Report Dale:o41171200612:54PM WELD COUNTY TREASURER Pomr1
STATEMENT OF TAXES DUE
SCHEDULE NO:R1409686
AcgFCAF0 TO:
MCNANEY CLEMENT M III A
PO BOX 245
WINDSOR,CO 80550-0245
LEGAL DESCRIPTION:
PT 31415447 LOT 5 REC EXEMPT RE-261 11R)SITUS:9309 392 HWY WELD 0
PARCEL: 050715000053 SITUS ADD: 9509 392 HWY WELD
TAX YEAR CHARGE TAX AMOUNT SST FEES PAID TOTAL DUE
2006 TAX 1,023.80 0.00 0.00 511.90 511.90
TOTAL TAXES 511.90
__________
GRAND TOTAL DUE GOOD THROUGH 06115/2006 511.50
ORIGIAAL TAX SXJ.SG FOR 2005 TAX DISTRICT 0430
AulhorIty MS Levy Amount Volum ACtial Assent'
COUNTY OUNTY 17.900 221.06 RESIDENTIAL 155,103 12,350
SCHOOL DIST RE4 40.735 601.80 -
NCW WATER 1.000 12.35 TOTAL 165,183 12,350
PAW WATER 0.000 0.00
YNNDSOR SEVIER FIRE 4.944 61.06
AIMS JUNIOR COL 0.357 75..51
WNDSOR LIBRARY 3.548 43.79
WEST GREELEY CONSERVATION 0.417 5.15
TAXES FOR 2005 82.899 1,023.80
ALL TAX LIEN BNAAMOUNTS ME SUBJECT TO CHANGE DIE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLOFA
OR TO Ronan ING AND DISTRAORMMRRAN►FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED
PROPE PRIOR TO R AUG REMITTANCE LAX LEN SALE AFTER THE FOLLOWING AMOUNTS MUST 81 PERSONAL PPAID SY CASH OR IERS CHECK RTY AND MOBILE MIXES•AUGUST 1.
PA.BOX 458
Onset.CO$0632
070)3634$46 4XL 32$0
NoM 7571 m' Ii-,i ' /
R Foe
Ca
PIIM�• r Awn/
P"' if*-6 -9Asiors"
235-3320
FIELD CHECK Inspection Date: 12/29/04
APPLICANT: Clement McNaney Ill c/o JCB Engineering LLC CASE# : USR-1497
REQUEST: A Site Specific Development Plan and a Special Review Permit 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.
LEGAL: Lot B RE-261 pt of SE4 of Section 15,T6N, R67W of the 6th P.M.,Weld County, CO.
LOCATION: North of and adjacent to State Highway 392 and approximately Y mile west of CR 21.
PARCEL ID#: 0807 15 000053 ACRES: 2.84+/-acres
Zoning Land Use
N Windsor N Agricultural
E Windsor E Residential
S A (Agricultural) S Residential
W A (Agricultural) W Residential
COMMENTS:
Single family homes are in the surrounding area.
Some agricultural process still in practice
Christmas tree sales (seasonal) remnants on site
Single family home on site
Level lot
1—' I
Jacque a Hatch, lanner
rs ctei;) DEPARTMENT OF PLANNING SERVICES
Planning Division
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
WIjhatch@co.weld.co.us
�• PHONE: (720) 652: (710) 65t 8730
O FAX: (720) 6 1
COLORADO
June 6, 2006
Clement McNaney
PO Box 248
Windsor, CO 80550
Subject: USR-1497, Lot B of RE-261; Pt of SE4 of Section 15, T6N, R67W of the 6t" P.M., Weld County,
CO.
Dear Mr. McNaney:
Notice is hereby given that the property listed above, is not in compliance with USR-1497 (Special Use
Permit). All conditions of the original permit must be in compliance by June 30, 2006 or a Probable
Cause public hearing, pursuant Chapter 23, Article II (2), Division 4, Section 23-2-270 of the Weld County
Code, will be scheduled.
If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case
number USR-1497, for compliance with the Development Standards and Conditions of Approval, as
approved by the Board of County Commissioners on December 7, 2005, to determine if probable cause
exists to hold a hearing on revocation of the permits.
Inspections by representatives of this office have determined that you are not in compliance with the
following Conditions of Approval and Development Standard:
1.B. The applicant shall provide the Department of Planning Services with a copy of a
recorded deed for the property. (Department of Planning Services)
If it is determined at the public hearing that there is probable cause that you are not in compliance with
USR-1497, the Board of County Commissioners will schedule a Show Cause public hearing to consider
revocation of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please call to
schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
\
Jacqueline HAM, Planner II
2005-33ZO
• . Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, May 25, 2006 8:54 AM •
To: 'tishmac@msn.com'
Subject: USR-1497
Clem,
I am checking on the status of the corrected deed for USR-1497. Without the deed the application is not
complete.
Please submit by the end of next week June 2, 2006. It is my understanding that the business is operating on site
and the County application needs to be finalized or a Probable Cause hearing will be scheduled before the Board
of County Commissioners. Please submit the corrected deed as soon as possible so we can finalize this
application. If you have any questions please do not hesitate to contact me
Thanks,
Jacqueline
05/25/2006
• Page l of 1
•
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, May 04, 2006 10:30 AM
To: 'tishmac@msn.com'
Subject: Corrected Deed
Clem,
I am checking on the status of the corrected deed that needs to be recorded prior to me recording the Mylar. I do
need a copy of the recorded document.
Thanks,
Jacqueline
05/04/2006
Page 1 of 1
• •
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Monday, April 17, 2006 1:04 PM
To: 'tishmac@msn.com'
Subject: Corrected Deed
Clem,
I pulled up your property on our County Webpage www.co.weld.co.us and the legal description we have for the
property is
Lot B of RE-261 Part of South East Quarter Section 15, Township 6 North, Range 67 West.
You should be able to bring your existing deed to any title company and have a corrected deed made up (deeding
the property from you to you)
If you have any questions please do not hesitate to contact me
Jacqueline
04/17/2006
• Page 1 of 1
•
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Monday, April 17, 2006 8:16 AM
To: 'John Vazquez'
Subject: USR-1497 McNaney
John,
thanks for bringing in everything for the McNaney site (USR-1497). I still do need the following
1. a copy of recorded deed that accurately describes the property (lot B of RE-261 and the recording information)
the deed provided is for Lot B of RE-267. It would just be a deed from Clement and Tish McNaney to
themselves. - I keep getting the same deed recorded 12/6/2003. I need a new deed that accurately describes
the property as Lot B of RE-261 etc.
If you have any questions please do not hesitate to contact me.
Thanks,
Jacqueline
04/17/2006
. • Page 1 of 1
Jacqueline Hatch
From: Pam Smith
Sent: Thursday, April 13, 2006 11:35 AM
To: Jacqueline Hatch
Cc: John Vazquez (jsv@jcbengineering.com); Charlotte Davis
Subject: USR-1497-septic evaluation
Miss Jac,
I inspected the septic system this morning and completed the review of the engineer calculations. The septic
system is adequate for the proposed maximum occupancy of 6 employees and 30 visitors.
Based on the existing septic permit information (G19750838)the septic system is located west of the house (now
office) and appears to be driven over. I have suggested to the manager of Bighorn Landscaping that barriers be
placed to protect the system from any further traffic damage.
Let me know if you have any questions. Pam x2211
Pam Smith
ISDS Program Coordinator
Weld County Health Department
ph 970-304-6415 x2211
fax 970-304-6411
04/13/2006
S
JCB Engineering, LLC 116011 Pelican Lakes Point
Suite Windsor,CO 80550
Phone:(970)674-9741
Fax:(970)674-9742
April 13, 2006
Weld County Department of Planning
Attn: Jacqueline Hatch
4209 WCR 2414
Longmont, CO 80504
Dear Jacqueline:
JCB Engineering has reviewed the requirements as defined by the Resolutions set by the
County Commissioners for USR 1497. This letter is to address the comments and concems
referring to the comment asking if additional lighting is to be added to the site. There are not
any plans to add more lighting to the site at this time. Should more lighting be needed, the
operator will provide the necessary applications to the County.
Should you have any questions or concerns please call me at (970) 674-9741.
Sincerely,
c#147,
John S. Vazquez, P( E.�k36310
President
• • Page 1 of 1
Jacqueline Hatch
From: Pam Smith
Sent: Wednesday, April 12, 2006 11:24 AM
To: Jacqueline Hatch
Subject: setic info for Clem McNaney
Hey, I forgot that I would send this...got sidetracked with others calls...John Vasquez dropped off the septic
evaluation information that we need for the system out there. It appears to be complete but I need to do a site
inspection to sign off on it. I will do that in the morning and send you an email of the results.
pam
Pam Smith
ISDS Program Coordinator
Weld County Health Department
ph 970-304-6415 x2211
fax 970-304-6411
04/12/2006
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Friday, April 07, 2006 1:43 PM
To: 'John Vazquez'
Subject: USR-1497 McNaney Site
John,
I went out to the site today and noticed that these remaining items still need to be
included.
1. the parking areas need to have curb stops as illustrated on the plat and one needs to
be ADA accessible, and 2. the dumpster needs to be screened and delineated on the plat
per section 23-3-250. 6 (since this is a commercial use) That should do it. Can you please
let Pat know.
Once those items are complete just let me know and I will check the site.
All most done
Thanks,
Jacqueline
1
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
RALPH PRIOR
JOHN JOHNSON DON POSSELT, DISTRICT MANAGER
CE BUCK RINEHART r' P.O. BOX 56 • PHONE (970)356-3020 • FAX(970) 395-0997
NELS NELSON
www.nwcwd.org • e-mail: water@nwcwd.org
April 6, 2006
RE: Meter Number 1610 002, 9509 Hwy 392
To Whom It May Concern:
North Weld County Water District provides domestic water service to the property located at 9509 Hwy 392,
Windsor, CO. The current owner of the property is Clement McNaney. The current service provides a 3/4" meter, which
should provide the proposed landscape business adequate service. If additional service is requested, approval from the
Town of Windsor must be obtained and enhancements will be required of the existing mainline. The current Water
Allocation Class is 1 (228,000 gallons)and the Current Plant Investment Class is 1 (228,000 gallons).
Water tap/service is placed on the physical property, defined by a legal description. In case of a Recorded
Exemption, the water tap shall only serve the parcel that the water tap is located on. Service shall NOT cross the legal
description of one parcel to serve the other parcel, unless an easement has been recorded for the water service and has
been approved by the District.
The District guarantees treatment and delivery of water purchased. All water that is delivered with surcharge
is subject to water availability. Water purchased through the District shall be 70% delivery of an Acre-Foot of water
(228,000 gallons), if the allotment for Colorado-Big Thompson (CBT) project water, which is determined by the Northern
Colorado Water Conservancy District, is 50% or greater. North Weld County Water District will restrict the delivery as
necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to
construct storage reservoirs.
The Plant Investment Fee pays for the infrastructure required to deliver 1 AFU (228,000 gallons). If usage
exceeds the number of Plant Investments that were purchased, an additional Plant Investment Surcharge will be applied
to your account. Plant Investments may be purchased to increase the amount of water to be delivered and avoid the
Plant Investment Surcharge. Refer to table below for current Plant Investment Surcharge schedule.
Water Surcharge
Surcharge will be assessed when an account's year to date usage exceeds their annual allotment. Currently surcharge is
$0.10 per 1,000 gallons. This fee is to recover the District's cost to obtain additional water rights for delivery. All water
that is delivered with surcharge is subject to water availability.
Plant Investment Surcharge
When an account's year to date usage exceeds their Plant Investment Allotment(#of Equivalent Taps x 228,000 gallons),
a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional Plant Investments
must be purchased to increase the allotment and reduce the Plant Investment Surcharges.
0 to 456,000 gallons above the Plant Investment Allotment (228,000 gallons)
$3.15 per 1,000 gallons
More than 456,000 gallons above the Plant Investment Allotment
$1.30 per 1,000 gallons
Respectfully,
Leann Koons
Office Assistant
• • Page 1 of 1
Jacqueline Hatch
From: Charlotte Davis
Sent: Tuesday, March 28, 2006 3:51 PM
To: Jacqueline Hatch
Subject: USR-1497
Jacqueline,
Condition 1 E Dust abatement plan A dust abatement plan has been submitted, reviewed and is approved. This
condition has been met.
Condition 1F Engineer evaluation of existing Septic system An engineer evaluation has not been performed.
This conditon has not been met.
Condition 1G Waste Handling plan A waste handling plan has been submitted, reviewed and is approved. This
condition has been met.
Best regards, Char
Charlotte Davis, MPH
Weld County Department of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415 x2208
FAX (970) 304-6411
03/29/2006
MAR-28-2006 13:27 From: • 1120 652 4211 P.1'2
•
Firr411. ,
BIGHORN.
BIGHORN LANDSCAPE MATERIALS , LLC
7721 S . PARKER ROAD , AURORA , CO 80016
( P11 . ) 30 .3 . 600 . 5714 ( FAX) 303 . 690 , 5729
W W W . 8 I G H O R N K n C I S . C O M
FACSIMILE TRANSMITTAL SHE FT
FROM:
Jacklyn Patrick'lharan
CI WEAN'''. I IA IV.:
Weld County 3/25/2006
FAX NUMIIP:R. It,rAI.NU ('F I'A(jRS INCI.UPINO COVER
720.652.4211 2
I'IIONE NUMBER. iI:NLILR'F Rli Fltl(I.N1;P:NUMBER.
720.652.4210
RFr YOl.'R Ithl.ERENCE NI AMUR.
Tree specs and order for Windsor
Landscape Yard
O URCIINT ❑Ftnt Rt vu:w ❑ lily ASP. COMMENT ❑ 11.ItASI•' RI[I'1.Y O PI.I A$F. RECYCLE
N(nl3/('OAIMFNTs
Jaddyn, Here's the tree quote for the yard at 9505 Hwy 392. Harmony will start this as
soon as we have consistently warn weather. We'd like to have you come inspect the
fence this week so we can start selling materials. Can we start hauling material inflow.
I.ct me know.
Thanks
Particle Tharan
303.690.5714
MAR-28-2006 13:27 From: imi720 652 4211 P.2'2
00Tvtl T00:d6Pd . :QI EZST928W :wo-3 wee,:OS 9002-82-at1W
Big Horn Lands MAatniale : : r e: mic ale fi l: .'..
�Pe ,ci��:v���R�1afi L..oa,:.
CIO Micahel Marcney ,rte SQL', ” a "`:ti er=
Parker,CO _`iae�k`.r >�'�lrs .it "„'
PH:303-690-5714 HARMONY GARDENS INC.
FX:303-690.5729
1/2512006
Quote - Windsor Sales Yard
Plant Name Sin QuanmY Cost Total
Ptilrrso:u ieh 1.6` 21 is 17500 $ 2625.00
Austrian Pine 8' 18 $ 155_00 9 2,790.00
Plant Total 39 55,415.00
Installation Pine
Size Quantity Cost Tuu11
Pafmore AOAuattia 1.9^ 21 1,6 36 00 6 T12,02Austrian8' 18 $ 45.00 S . 810.00
Total 39 $ 1,'$45.00
Material Total $ 8,415.00
Installation Total _$ 1,545.00
Grand Total $ 6.960.00
NOTES:
*All Plants Premium Quality and Available for Inspection prior to Delivery or Pick up.
"Prices Quoted are wholesale wino warranty.
**We would be willing to trade at least had of this for Compost deffveied to aw-funa hl Felon SP 2006.
THANK YOU!
Todd Solar
970-566-6650
4315 E.Harmony Rd. Ft Collins, CO 80525 970,228.8733 FTC 970-226-1633
•
Td WN20:II 9002 82 ' eW ££ST9Za0L6: 'ON Xt1J SN3S*S ANOWeldH: wca
JCB Engineering, LLC Su011 Pelican Lakes Point
Windsor,CO 80550
Phone:(970)674-9741
Fax:(970)674-9742
March 14,2006
Weld County Planning and Zoning
Attn:Jacqueline Hatch
4209 WCR 24'%
Longmont, CO 80504
Dear Jacqueline:
JCB Engineering has reviewed the requirements as defined by the Resolution for USR 1497. This
letter is to define the comments and concerns listed by referral agencies and how they have been
addressed. Prior to the Plat being recorded, it was required the following items be provided:
A. The owner of the property shall provide a Statement of Taxes showing no delinquent taxes.
B. The property owner shall provide a copy of the Deed.
C. Information provided by the West Greeley Soils Conservation District has been incorporated
in the management of on-site soils.
D. A water tap currently exists on the property provided by North Weld Water and the tap is
adequate to provide water service for the house and the limited staff that will occupy the
building. A domestic well on-site will provide the necessary water for dust suppression. The
well has been adjudicated through the water court and has been used historically for
consumption, livestock, and irrigation. There is no change in use of the water and the water is
not being taken off-site, thus the decree shall be administered by the State as defined in the
court case(XXX).
E. Dust abatement on the site shall be performed through the use of water. The materials that
are stored outside are not going to be easily blown around by the wind. It would be poor
business practice to allow inventory to blow away. The roadway surfaces are to be crushed
base course and with proper compaction,this shall be a fairly impervious surface with minimal
dust control required. Hoses and/or water tanks shall be used to apply water as needed for
dust control.
F. JCB Engineering has been performing a septic monitoring program since the site has been
occupied by several yard employees. The system has operated as intended. It is estimated
that the daily water use by the employees is significantly less than when the house was
occupied by residents. The restrooms are not going to be public restrooms, therefore, it is not
anticipated that there will be any additional improvements required to the tank or the leach
area. It is the intent of the operator to build a building in the future which at that time the
building will connect to a nearby sanitary sewer line and abandon the existing septic system.
At this time the restrooms shall be made public.
G. The waste handling for the site shall be performed by Waste Management. The waste that
will be generated by this business is paper products, office waste, and occasionally palettes.
The site has a 6 yard dumpster that is screened and has weekly service. No chemicals shall
be stored on site and no hazardous waste shall be created by products held in inventory. All
waste materials shall be disposed of at the Weld County Landfill.
• 0
• Page 2 March 14,2006
H. The concerns of the Weld County Building Department have been considered and the owners
plan to operate, Annex to the Town of Windsor, and build a future retail building shall requires
site plans and building permit approval. However should the owner wish to complete any
building improvements or expansions, all appropriate permits shall be filed with the County.
I. All comments and concerns from the City of Greeley that were defined in the referral letter
dated December 30, 2004 have been addressed and/or acknowledged. All operations shall
be in accordance with their requests.
J. All comments and/or concerns from the Fire District have been addressed. All materials on
the site are inert and non-flammable. As there is no increased fire danger and a plan to bring
a future 12" waterline adjacent to the site, it is the request of the operator that any additional
fire protection be added to the system when the site plan for the new building is reviewed and
commented on by the Town of Windsor.
K. The applicant has performed in their best effort to address the concems of the Town of
Windsor, however, the majority of their concerns cannot be addressed until the property is
annexed and goes through a site plan process. The USR meets all the requirements of the
County and when the property annexes to the Town,the site will need to abide by the Town of
Windsor Standards. It is at this time the additional concerns of the Town shall be addressed.
L. The applicant and the operator are in the process of installing the required improvements.
The applicant is holding on the final approval of the landscape plan and Plat. Any additional
improvements agreement needs to be completed under the direction of the Weld County
Planning Staff.
All amendments to the Plat have been added as requested and two copies are included for your
review. Should you have any questions or concerns please call me at(970)674-9741.
Sincerely,
..........
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John S.Vazquez, 3 : U£cJ ;r€_1C m:
President _ l I• N�
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• DEPARTMENT ILANNING SERVICES
ts"Q North Office
Code Compliance Division
918 10t Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
' Phone: (970)353-6100, Ext. 3566
ax: (970) 304-6498
C. P Southwest Office
4209 CR24 5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
August 23, 2005
Clement McNany III
PO Box 248
Windsor, CO 80550
Subject: VI-0500258, Part of the SE4, Lot B of RE-261 of Section 15, T6N, R67W of the 6`" P.M.,Weld
County, Colorado
Dear Mr. McNany:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory uses"
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts, provided that the property is not a
Log in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions. PUD development proposals shall not be
permitted to use the special review permit process to develop."
To bring your property into compliance with the Weld County Code:
As you discussed with Planner, Jacqueline Hatch, a Use by Special Review (USR) permit
shall be completed and submitted to the Department of Planning Services or any and all
commercial activity shall cease. For questions, I suggest you speak to one of our"On-Call"
Planners. To better serve the public,we have two locations open. Our North office is located
at 918 10th Street, Greeley,Colorado. At our North office, an"On-Call"Planner is available,
Monday thru Thursday from 7:30 a.m.-11:30 a.m. Our Southwest office is located at 4209
CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available
Monday thru Thursday from 12:30 p.m. - 4:30 p.m. You do not need to schedule an
appointment, becaus'dividuals are seen on a sign in basis. N•er office will have a
planner available on Fridays for walk-ins. To better serve you, please bring this letter
with you.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from
August 23, 2005, to correct this zoning violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation to the County
Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: VI-0500258
Department of Planning Services
Bruce Barker, County Attorney
• •
DEPARTMENT OF PLANNING SERVICES
a North Office
tr- Code Compliance 80631
6It
18eb 10thite: Street, Greeley, CO O.UWebsite: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
wine
Phone: (970)353-6100, Ext. 3566
Fax: (970)304-6498
Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720)652-4211
July 25, 2005
Clement McNany Ill
PO Box 248
Windsor, CO 80550
Subject: VI-0500258, Part of the SE 4, Lot B of RE-261 of Section 15, TEN, R67W, Weld County,
Colorado
Dear Mr. McNany:
It has come to the attention of the Department of Planning Services'staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld
County Code is the operation of a commercial landscaping business without a completed USR application.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally,please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc:VI-0500258
Department of Planning Services
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