HomeMy WebLinkAbout20053416.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Edmundson Land LLC -Arbor Case Number USR-1528
Valley Nursery
Submitted or Prepared
Prior to At Hearing
Hearing
Planning Commission Resolution
N` 2 Staff Comments X
Department of Planning Services field check form X
Planning Commissioner Spitzer field check form
Letter(s)to Applicant X
Photograph of sign posting X X
Legal Notifications X
" 3 Application X
Maps X
`` 4 Referral List X
Referrals without comment
N 5 Town of Hudson, referral received 9-14-2005 X
Colorado Department of Transportation, referral received 9-15-2005 X
State of Colorado Division of Wildlife, referral received 9-29-2005 X
Referrals with comments
N 6 Weld County Code Compliance, referral received 8-26-2005 X
7 Weld County Department of Building Inspection, referral received 8-31-2005 X
8 Division of Water Resources,Office of the State Engineer, referral received X
9-6-2005
9 West Adams Soil Conservation District, referral received 9-15-2005 X
- 10 Hudson Fire Protection District, referral received 9-15-2005 X
11 Weld County Department of Public Works, referral received 9-15-2005 X
12 City of Brighton, referral received 9-21-2005 X
N 13 Weld County Department of Public Health and Environment, referral X
received 9-29-2005
14 Letter from Scott Larson,Attorney for applicant, dated 10-18-2005 X
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PC Exhibits
I hereby certify that the 14 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.
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Kim Ogle + P ner
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LAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1528 Hearing Date: October 18, 2005
Applicant: Edmundson Land LLC -Arbor Valley Nursery
Address: do Scott Larson
1888 Sherman Street, Suite 415
Denver CO 80203
Request: A Site Specific Development Plan and Special Review Permit for a use by right, an
accessory use or a use by special review in the (Business)Commercial Zone District
(Wholesale Trade Establishment for the sale of nursery stock and hardline products
produced and imported to site) in the A(Agricultural)Zone District
Legal Part SE4 of Section 30, T1 N, R65W of the 6th P.M., Weld County, Colorado.
Description:
Location: West of and adjacent to CR 39; north of and adjacent to CR 4.
Parcel ID#: 1473 30 000032 Use by Special Review Area: 135.11 +/- 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 Code Compliance, referral received 8-26-2005
• Weld County Department of Building Inspection, referral received 8-31-2005
Division of Water Resources, Office of the State Engineer, referral received 9-6-2005
• Town of Hudson, referral received 9-14-2005
• Weld County Department of Public Works, referral received 9-15-2005
• Hudson Fire Protection District, referral received 9-15-2005
• West Adams Soil Conservation District, referral received 9-15-2005
• Colorado Department of Transportation, referral received 9-15-2005
• City of Brighton, referral received 9-21-2005
• State of Colorado Division of Wildlife, referral received 9-29-2005
• Weld County Department of Public Health and Environment, referral received 9-29-2005
The Department of Planning Services'staff has not received responses from the following agencies:
• Weld County Sheriffs Office
•
• Town of Lochbuie
Adams County
•
Beebe Seep Canal
EXHIBIT
USR-1528, EDMUNDSON, page 1
.
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW COLORADO
Planner: Kim Ogle
Case Number: USR-1528 Hearing Date: October 18, 2005
Applicant: Edmundson Land LLC -Arbor Valley Nursery
Address: c/o Scott Larson
1888 Sherman Street, Suite 415
Denver CO 80203
Request: A Site Specific Development Plan and Special Review Permit for a use by right, an
accessory use or a use by special review in the (Business)Commercial Zone District
(Wholesale Trade Establishment for the sale of nursery stock and hardline products
produced and imported to site) in the A(Agricultural)Zone District
Legal Part SE4 of Section 30, Ti N, R65W of the 6th P.M., Weld County, Colorado.
Description:
Location: West of and adjacent to CR 39; north and adjacent to CR 4.
Parcel ID #: 1473 30 000032 Use by Special Review Area: 135.11 +/-acres
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 Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial 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.Surrounding land uses are predominately agricultural properties with rural
USR-1528, EDMUNDSON,page 2
residences associated with the agricultural operations. The Town of Lochbuie has annexed lands
to the south-southeast within right-of-way associated with the Frontage Road for 1-76 heading
directionally in a southwest to northeast alignment. 1-76 serves as the eastern boundary with the
property, including the interchange in the southeast quadrant.
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 City of Brighton and the Towns of Hudson and
Lochbuie. The City of Brighton in their referral dated September 21, 2005 stated "The city of
Brighton has no issues with this proposed development...." The Town of Hudson indicated no
conflicts with their interests in a referral response dated September 14, 2005, and the Town of
Lochbuie did not return a referral.
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 lot will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to adhere
to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact
Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land for the proposed use. The lands associated with this application will utilize the
prime agricultural soils for use as a wholesale nursery. Further, the lands retained for the use
should not limit the agricultural value of the larger parcel.
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. All pages of the plat shall be labeled USR-1528. (Department of Planning Services)
B. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.The plat should identify the additional outbuildings, scale house,gas tanks,
approved signs,water supply,restroom facilities,stockpile areas,customer parking,fencing and
loading zones. (Departments of Planning Services and Public Works)
C. The Department of Public Health & Environment (DPH&E) has no objections to the proposal,
however, the home is currently rented and will be for some time in the future. The well water
for the home is designated as domestic. It is DPH&E's understanding that this home will either
be demolished and an office constructed in its place or renovated into an office structure. It is
at that time that the applicant's intend to provide proof that a commercial well permit has been
issued. Environmental Health Services(EHS)does not know how far in the future this change
will occur or a method to track future changes of the well's designation. Therefore, EHS is
USR-1528,EDMUNDSON,page 3
requiring that the well be designated as commercial prior to recording the plat. Written
evidence of approval shall be submitted to the Department of Planning Services.
(Departments of Public Health & Environment, Planning Services)
D. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
Evidence shall be provided to the Weld County Department of Public Health and Environment
that the system complies with the Regulations. Written evidence of approval shall be submitted
to the Department of Planning Services. (Department of Public Health & Environment)
E. The applicant shall submit evidence to the Department of Planning Services,from the Colorado
Division of Water Resources, demonstrating that the well(s)are appropriately permitted for the
commercial use. (Department of Public Health & Environment)
F. The applicant shall submit a dust abatement plan for review and approval,to the Environmental
Health Services, Weld County Department of Public Health & Environment. Written evidence
of approval shall be submitted to the Department of Planning Services. (Department of Public
Health & 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 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). Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health & Environment)
H. The applicant shall submit building permits for all structures currently on the site including signs.
If necessary, structures shall be relocated to meet the setback requirements. In accordance to
Chapter 23, Article III, Section 23-3-50 of the Weld County Code, the required setback is
measured from the future right-of-way line. (Departments of Planning Services Public Works
and Building Inspection)
I. The applicant shall submit written evidence of permission to cross the Lochbuie Utility Easement
and the Beebe Seep Canal to the Department of Planning Services. (Department of Planning
Services)
J. The plat shall be amended to comply with the following Commercial District Performance
Standards as indicated in Section 23-3-250 of the Weld County Code.
1. Section 23-3-250.A.1 -Stormwater Management. The historical flow patterns and run-off
amounts will be maintained on site in such a manner that it will reasonably preserve the
natural character of the area and prevent property damage of the type generally attributed
to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding
of storm run-off.
The applicant must take into consideration storm water capture/quantity and provide
accordingly for best management practices. (Departments of Planning Services and Public
Works)
2. Section 23-3-250.A.2—Parking. Sufficient screened,off-street, paved parking areas shall
USR-1528,EDMUNDSON,page 4
be provided to meet the requirements of employees, company vehicles, visitors and
customers. Appendix 23-A describes the design requirements for parking spaces and
Appendix 23-B delineates the number of parking spaces required by use for this property.
The parking shall be figured in accordance to the required parking for sales and service
based on the size of the sales yard. The plat shall indicate the appropriate parking spaces.
The site shall also meet ADA parking requirements. The off-street parking, loading area,
and the access drive shall be surfaced with gravel,asphalt, concrete or the equivalent and
shall be graded to prevent drainage problems. Each parking space shall be equipped with
wheel guards or curb stops where needed to prevent vehicles from extending beyond the
boundaries of the space and from coming into contact with other vehicles,walls,fences or
plant material. (Departments of Planning Services, Public Works)
3. Section 23-3-250.A.3-Street Access. Lots shall have safe access to an approved public
or private street. The design designation of any street or highway as to type shall be in
conformance with that shown on the county thoroughfare plan and/or the master plan of the
affected municipality. The applicant has identified two access points to the facility. The
eastern most access adjacent to the corner does not meet the 150-foot distance for
commercial type use from the intersection. This access shall be closed. Evidence of
closure shall be submitted to the Department of Planning Services.(Department of Planning
Services)
4. Section 23-3-250.A.4—Required Yards - Setback. County Road 4 is a collector road and
requires an 80-foot right-of-way at full build out. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way. Weld County maintains this section
of road. If the right-of-way cannot be verified, it shall be dedicated. (Department of Public
Works)
5. Off-street parking areas may be permitted in the required setback area when the area is
screened from direct view of persons on the public rights-of-way. Fences over six(6)feet
in height are not required to comply with the minimum setback and may be located on the
property line. Fences located on corner lots abutting public right-of-way shall not obstruct
the view of vehicular traffic at an intersection. (Departments of Public Works and Planning
Services)
6. Section 23-3-250.A.6—Areas used for trash collection shall be screened from public rights-
of-way and all adjacent properties. These areas shall be designed and used in a manner
that will prevent wind- or animal-scattered trash. The plat shall delineate the screened
enclosure as outlined in this Section of the Code. (Department of Planning Services)
7. Section 23-3-250.A.7 — Water Supply. Uses shall have an adequate source of potable
water. The applicant shall provide current evidence that the facility has an adequate water
supply(i.e.,well or community water system). Further, documentation provided by Anne J.
Castle of Holland and Hart dated July 27, 2005 indicates that there is adequate water
available for the nursery operations on the property. Additionally, the Office of the State
Engineer in their referral dated September 2, 2005 confirms the availability of water for
nursery operations and further states there is a domestic well, permit number 8741 on the
property. "As currently permitted, the well can only be used for domestic purposes. If the
employees and/or customers will be using water from the domestic well for drinking and/or
sanitary purposes a commercial well permit must be obtained. The Department of Public
Health and Environment is requiring that the well be designated as commercial prior to
recording the plat. (Department of Planning Services, Office of the State Engineer)
8. Section 23-3-250.A.8 — Sewage Disposal. Uses shall have adequate sewage disposal
facilities. If the home is demolished and a new office is constructed an individual sewage
disposal system is required for the proposed facility and shall be installed according to the
Weld County Individual Sewage Disposal Regulations.The septic system is required to be
USR-1528,EDMUNDSON, page 5
designed by a Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations.
OR
if the home is converted to an office and the applicant's consider using the existing septic
system for the office they are required to have the system 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)
9. Section 23-3-250.A.9 — Outside Storage. Outdoor storage of vehicles, equipment or
materials when permitted shall be screened from public rights-of-way and all adjacent
properties. The applicant shall submit a Landscape/Screening Plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
10. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into
an Improvements Agreement according to policy regarding collateral for improvements
(access drive, parking areas, plant materials, fencing, screening, etcetera) 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)
K. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The Beebe Seep Canal agricultural/ditch access. (Department of Planning Services)
3. The main access to the office/sales complex accommodating two-way traffic of all type
vehicles with adequate turning radiuses. (Department of Planning Services)
4. Parking spaces to accommodate the 35 to 45 employees. (Departments of Planning
Services, Public Works)
5. Parking spaces for patrons of this facility. (Department of Planning Services)
6. Locations for all existing and future (proposed) structures. (Department of Planning
Services)
7. Location(s)for all identification signs. (Department of Planning Services)
8. Location of the trash dumpster. (Department of Planning Services)
9. Location of all proposed on-site lighting,either surface or mounted overhead. (Department
of Planning Services)
L. 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)
USR-1528,EDMUNDSON,page 6
2. Prior to the release of Building Permits:
A. The applicant shall submit a building permit prior to the construction of any new building, (office
and outbuildings). A building permit is required for change of use of any existing building,
(Single Family Residence to an Office). Further,the applicant shall comply with all stipulations
as outlined in the Department of Building Inspection referral dated August 31,2005.(Department
of Building Inspection)
B. A stormwater discharge permit may be required for a development/redevelopment/construction
site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre
in area. Contact the Water Quality Control Division of the Colorado Department of Public Health
and the Environment at www.cdphe.state.co. us/wq/PermitsUnit
<http://www.cdphe.state.co.us/wq/PermitsUnit> for more information. (Department of Public
Health and Environment)
C. The proposed facilities located on the property shall be in compliance with the Fire Code as
recognized by the Town of Hudson,and as indicated in their referral dated September 13,2005.
(Hudson Fire Protection District)
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 sixty(60)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 maps(a,co.weld.co.us. (Department of Planning Services)
5. 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-1528,EDMUNDSON,page 7
^ SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Edmundson Land LLC, dba Arbor Valley Nursery
USR-1528
1. The Site Specific Development Plan and Special Review Permit for a use by right,an accessory use
or a use by special review in the (Business) Commercial Zone District (Wholesale Trade
Establishment for the sale of nursery stock and hardline products produced and imported to site)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. 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)
4. 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)
5. 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)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
7. 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)
8. 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)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
10. 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)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
12. The water system shall comply with the requirements for a community water system as defined in
the Primary Drinking Water Regulations (5 CCR 1003-1). (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 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)
USR-1528, EDMUNDSON,page 8
14. 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)
15. 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)
16. Effective January 1, 2003, Building Permits issued on the site will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
17. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
18. The off-street parking including the access drive shall be surfaced with gravel,asphalt,concrete or
the equivalent and shall be graded to prevent drainage problems. Off-street loading spaces shall
have adequate compaction for unloading of heavy material or equipment. All access and circulation
areas shall be compacted or have hard surface to accommodate an all-weather access to the facility.
(Department of Planning Services)
19. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
20. Building permits shall be obtained prior to the any new construction.A building permit is required for
change of use for any existing buildings. (Department of Building Inspection)
21. A plan review is required for each building for which a building permit is required. Plans shall bear
the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are •
required when applying for each permit. Provide a Code Analysis Data sheet provided by the
Department of Building Inspection with each Building permit application. (Department of Building
Inspection)
22. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2003 International Building Code; 2003
International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas
Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
23. The office, including the bathrooms shall be accessible to persons with disabilities. Separate
bathroom facilities shall be provided when the number of employees exceeds fifteen (15). 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
Chapter 23, Weld County Code. (Department of Building Inspection)
24. 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)
USR-1528,EDMUNDSON,page 9
25. There shall be no parking or staging of trucks within the public right-of way.(Department of Planning
Services)
26. Trucks transporting materials from the site shall cover their loads to reduce loose materials on the
roadway and damage to vehicles. (Department of Services)
27. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
28. The single on-site identification sign shall be limited to one four(4)by eight(8)square foot un lit sign.
(Department of Planning Services)
29. Hours of operation shall be from 7:00 a.m. to 5:00 p.m. Monday through Friday and 7:00 a.m. to
12:00 p.m. Noon on Saturday for the wholesale component. (Department of Planning Services)
30. Hours of operation for on-going maintenance of nursery stock shall be limited to sunrise to sunset
March 1 through November 1 and 7AM to 7PM,November 1 through March 1 of any given calendar
year. (Department of Planning Services)
31. The facility shall not exceed 45 employees as stated in the application materials. (Department of
Planning Services)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
34. Weld County Government Personnel 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.
35. 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.
36. 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-1528,EDMUNDSON,page 10
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
ter" 918 10T"Street
GREELEY, CO 80631
PHONE: (970)353-6100, Ext. 3540
FAX: (970)304-6498
SOUTHWEST OFFICE
24.4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
August 23,2005
Edmundson Land LLC
c/o Scott Larson
1888 Sherman St Ste 415
Denver CO 80203
Subject: USR-1528- Request for a Site Specific Development Plan and Special Review Permit for a use by right,
an accessory use or a use by special review in the(Business)Commercial Zone District(Wholesale Trade
Establishment for the sale of nursery stock and hardline products produced and imported to site)in the A
(Agricultural)Zone District on a parcel of land described as Part SE4 of Section 30,Ti N, R65W of the 6th
P.M.,Weld County,Colorado.
Dear Applicants:
Your application and related materialsforthe request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for October 18, 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 Brighton,Hudson and Lochbuie Planning Commission for their review
and comments. Please call Brighton at(303)655-2023,Hudson at(303)536-9311 and Lochbuie at(303)655-9308 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 Brighton, Hudson and Lochbuie 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,
%La
Planne
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS OCTOBER 7, 2005 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND
SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, AN ACCESSORY USE OR A
USE BY SPECIAL REVIEW IN THE (BUSINESS) COMMERCIAL ZONE DISTRICT
(WHOLESALE TRADE ESTABLISHMENT FOR THE SALE OF NURSERY STOCK
AND HARDLINE PRODUCTS PRODUCED AND IMPORTED TO SITE) IN THE A
(AGRICULTURAL) ZONE DISTRICT. (USR-1528)
KIM OGLE
Name of Person Posting Sign)kiSignature Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD I1
The foregoing instrument was subscribed and sworn to me this f/ day of L-- -1(,n , 2005.
WITNESS my hand and official seal.
Notary Public
My Commission Expires: L n
Ws NOTICE "re. 0.,-
A PUBLIC HEARING CONCERNING h =� .�. ;,
z THIS PROPERTY WILL BE HELD AT
_. , ►f,4: GI ! 6 10' , neer �. -
. _,..• ,.ap R, r; ON D!! I ¢a
4.".477/54146. EIDI OSG P aeArJ • " • � .:
J�' '^fi NAME CSR¢-cR VA l.a N� to� ,�
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REQUEST p `M�wsn, bc� ':�
F oisc2,uS'
'lame*''� CASE N0. fR IR_ ,� ( ACRES j+'F € 4•
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FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF :
PLANNING SERVICES AT
( 970 )353 -6100 ext. 3540
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2005 / 10 / 06
FIELD CHECK inspection date: October 6, 2005
CASE NUMBER: USR-1528
APPLICANT: Edmundson Land LLC -Arbor Valley Nursery
LEGAL DESCRIPTION: Part SE4 of Section 30, T1 N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to CR 39; north of and adjacent to CR 4.
Zonina Land Use
N A(Agricultural) N Agricultural/
E A(Agricultural) E Agricultural/1-76 Frontage Road
S A(Agricultural) S Agricultural/1-76 Frontage Road
W A(Agricultural) W Agricultural/
COMMENTS:
Property lies low to the surrounding land, i.e.,the frontage road fort-76 Frontage Road. There is not a point of
ingress and egress to the state system at this location. Two lane paved roads adjacent to property with gravel
shoulder and borrow ditches. One signle family residence is visible from CR 4 adjacent to the West property line.
There is a large canal traversing the property southwest to northeast. Ground is plant in nursery stock.
Utilities are underground. The Town of Lochbuie is immediately adjacent to the east. Town center is approximately
one mile to the southeast.
14 , Planner
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