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Weld County Referral
August 23, 2005
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Edmundson Land LLC - Case Number USR-1528
Arbor Valley Nursery
Please Reply By September 21, 2005 Planner Kim Ogle
Project 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.
Location West and adjacent to CR 39; north and adjacent to CR 4.
Parcel Number 1473 30 000032
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 18, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter. r'
Comments: U.cry,, t-U.'1 e1s n-lAl 'crb2. vrl -ft (( C1; vacj (-C,
V\6 tth t_\ti) el.'P 1—t_ CNINkC6
Signature ` elIND Date 7 (1 CID
Agency 'Ztn1 `` Ctbit, V ..r
]]tt EXHIBIT
+Weld County Planning Dept. +918 10°'Street,Greeley,CO.80631 )30• R
2005-3420 77
O il it II DEPARTMENT OF PLANNING SERVICES
j BUILDING INSPECTION
NORTH OFFICE
-� 918 10`h Street
GREELEY, COLORADO 80631
' PHONE (970)353-6100, EXT.3540
FAX (970)304-6498
C. SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LO0GMONT CO80504
PHONE ext.ext. 8730
FAX (720)652-4211
August 31, 2005
Edmundson Land LLC -Arbor Valley Nursery
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 t site in the A (Agricultural) District.
USR-1528
1. A building permit shall be obtained prior to the construction of any new building, (Office and out
buildings. A building permit is required for change of use of any existing buildings. (Dwelling to Office)
2. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. 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 Weld County Building Department with each Building permit application.
3. 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.
4. The buildings will probably be classified as follows: B (Office) and S-1 (Out buildings if used for
storage of non-hazardous material). The office, including the bathrooms shall be accessible to
persons with disabilities. Separate bathroom facilities shall be provided when the number of
employees exceeds 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 the Zoning Ordinance.
6. 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. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property lines shall be
clearly identified and all property pins shall be staked prior to the first site inspection.
Please contact me for any further information regarding this project.
Si rely, EXHIBIT
Hdge igi
Building Official �—
STATE OF COLORADO
"OFFICE OF THE STATE ENGINEER
Jivision of Water Resources �!!
Department of Natural Resources FT \i
1313 Sherman Street, Room 818
Denver,Colorado 80203 „I876 xY
Phone(303)866-3581 September 2, 2005,
FAX(303)866-3589 Weld County Planning Department Bill Owens
www.water.state.co.us GREELEY OFFICE Governor
SEP - 6 Russell George
2005 Executive Director
Hal D.Simpson,P.E.
Kim Ogle State Engineer
Weld County Planning Dept. RECEIVED
918 10th Street
Greeley, CO 80631
Re: Edmundson Land LLC—Arbor Valley Nursery—USR-1528
Section 30,TIN, R65W, 6th P.M.
Water Division 1,Water District 2
Dear Mr. Ogle:
This referral does not appear to qualify as a "subdivision"as defined in Section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to
county planning directors, this office will only perform a cursory review of the referral information and
provide comments. The comments will not address the adequacy of the water supply plan for this
development or the ability of the water supply plan to satisfy any County regulations or requirements.
In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or
infrastructure, the issuance of a well permit, or physical availability of water.
The referral information states that the commercial facility will be served by two irrigation wells
and one domestic well. Well nos. 267R and 268R will be used for irrigation purposes at the site. The
wells are currently augmented under the Central Colorado Water Conservancy District (Central)court
approved augmentation plan and will be used to irrigate the same land approved under case no. W-
384. Therefore, the wells can be used for the proposed purpose. The ability of the wells to satisfy the
water requirements at the site will depend on the quantity of water required annually and the ability of
Central to augment the wells.
The referral information did not clearly explain how the domestic well, permit no 8741, would
be used at the site. 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.
Should you have any questions in this matter, please contact Joanna Williams of this office.
Sincerely,
yin
Kevin G. Rein, P.E.
Chief of Water Supply
KGR/JMW
EXHIBIT
6
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,, Weld County Referral
11.4 Weld County Planning Department August 23, 2005
GREELEY OFFICE
C. SEP 1 5 2005
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Edmundson Land LLC- Case Number USR-1528
Arbor Valley Nursery
Please Reply By September 21, 2005 Planner Kim Ogle
Project 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.
Location West and adjacent to CR 39; north and adjacent to CR 4.
Parcel Number 1473 30 000032
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 18, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request an find no conflicts with our interests,
See ail-bails brr.�. /�r,'�vr . ar-v' IJ p
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Signature igV,_/ v p Date
Agency / (PA) C cc EXHIBIT
+Weld County Planning Dept. +918 101°Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)3 I
a
iw.....),
Weld County Referral
' Weld County Planning part
9
August 23, 2005
GREELEY OFFICEment
111 C. SEP152005
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Edmundson Land LLC- Case Number USR-1528
Arbor Valley Nursery
Please Reply By September 21, 2005 Planner Kim Ogle
Project 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.
Location West and adjacent to CR 39; north and adjacent to CR 4.
Parcel Number 1473 30 000032
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) October 18, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: r�O ( _ ,` jLl,'c r C-j : (IA r-a12 5? -c Spec ie.C. I't✓`(d O✓v r r
p(u,, „--. Sfrli •1f Pry, L �— ! <t :+-, i T- Nowroc; rti, pe.fi r:srcl
( cc' li✓lt5 C...-)// ntr'(' to rnYYT the (7: erode
Signature ,A y ' Date
(2 sep ?_ oo5'
Agency Hocfson rfre Pre)rrcriW, I3SrtrlrY
EXHIBIT
+Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)3' I /0
Weld County Planning Department
GREELEY OFFICE
ct
t1 SEP 1 5 2005- -4§ MEMORANDUM RECEIVED
TO: Kim Ogle, Planning Manager DATE: September 15, 2005
C FROM: Donald Carroll, Engineering Administrator
•
COLORADO SUBJECT: USR-1528; Arbor Valley Nursery
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of
the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments
and requirements are as follows:
COMMENTS:
Weld County Road Classification Plan (FHU): (June 2002) WCR 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.
Existing Access: There are two existing accesses to the western portion of the proposed USR west of the Beebe Seep
Canal and the applicant is asking for one additional access.
—aff Clarification: There is an existing access west of the Beebe Seep Canal and road associated with the Canal
.,mpany. If so, this existing access may remain and labeled as an agricultural/ditch access.
Is the nursery site going to deal with retail type sales where the general public will purchase nursery products, which is
fertilizer, landscaping materials, etc.?
REQUIREMENTS:
Access: The Weld County Public Works Department recommends utilizing one main access to the office/sales complex.
This access point should accommodate two-way traffic of all type vehicles with adequate turning radiuses that utilize the
facility
Plat Drawing: The applicant needs to place on the plat drawing parking spaces to accommodate the 35 to 45 employees
mentioned in the application. The parking and loading areas need to be identified for customers utilizing the facility. If a
new access point is chosen, the existing access on the west side of the property should be abandoned thus minimizing
direct access to a collector status road.
Off-Street Parking/Loading Area: 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 plantings.
Storm Water Drainage: 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.
She applicant must take into consideration storm water capture/quantity and provide accordingly for best management
actices.
pc: AmUSR-935 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-935-: EXHIBIT
1
09/21/2005 08:23 303-655-2019 CITYBRIGHTON PAGE 02/02
CITY OF
la PUS tOPd
22 Mouth 4th Avenues . Brighton, Colorado 6060'1
Ve
REFERRAL RESPONSE
Date: Wednesday, September 2r, 2005 Case Number: USR-1528
Case Info.: Site Specific Development Plan and a Special Review
Permit for a use-by-right...for the sale of nursery stock and hardline
products produced and imported to site in the A (Agricultural)
Zone District.
Location: West and adjacent to WCR 39; north and adjacent to WCR 4.
We have reviewed this referral and find that it does comply with our
Comprehensive Plan.
We have reviewed this referral and find that it does not comply with our
Comprehensive Plan for the following reason/s:
We have reviewed this referral and find no conflicts with our interests.
A formal recommendation is under consideration and will be submitted to
you prior to
Please refer to the enclosed letter.
X We offer the following comments regarding this referral:
The city of Brighton has no issues with this proposed development.
Additionally, the city would prefer to see more development of this nature
and less of the more intensive industrial development in these historically
agricultural areas.
Signed: T,o% . na/d, Jac, Title: Senior Planner
EXHIBIT
ltIPlanning Aep1IREFERRALIW.EI,OCOIEdmundeon 1.and L1,C.Arbor V. I
a
MEMORANDUM
TO: KIM OGLE,PLANNING SERVICES t�
T I FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH ( v/)
C. SUBJECT USR 09/27/2005 1528 EDMUNDSON LAND County
DATE: an OFFing Department
E
COLORADO cc: SEP 3 0 2005
RECEIVED
Environmental Health Services has reviewed this proposal for a wholesale nursery
operation, selling nursery stock and hardline products.
We have no objections to the proposal, however, according to the applicant's submitted
materials the 3 bedroom home on the site is currently rented and will be for some time
in the future. The well water for the home is designated as domestic. It is our
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 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 recommending that the well
be designated as commercial prior to recording the plat.
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment.
2. 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.
3. 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.
EXHIBIT
4. 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).
We recommend that the following requirements be incorporated into the permit as
conditions that must be met one month prior to construction activities:
1. 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 for more information.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met prior to the issuance of the Certificate of Occupancy:
1. 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.
2. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage
Disposal Regulations.
OR
3. 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 systembe
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
2
-- 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.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. 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.
2. 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.
3. 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.
4. The applicant shall operate in accordance with the approved "waste handling
plan".
5. 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.
6. 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.
7. Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility.
8. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
10.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).
3
11.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).
12.If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
13.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
4
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DENVER,CO 802O3
October 18, 2005
Mr. Kim Ogle
Department of Planning Services
North Office
918 10th Street
Greeley, CO 80631
RE: 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,
TIN, R65W of the 6th P.M., Weld County, Colorado
Dear Mr. Ogle:
Pursuant to our telephone conversation of October 17, 2005, this memorandum will be a
request to amend the previously submitted Application referred to above, specifically the hours of
operation, so as to indicate that the hours of operation in the Application are hours of operation for
wholesale sales only. Both before and after those hours there will he people on site pruning,
planting, watering, moving irrigation systems, etc. These individuals will basically work from sunrise
to sunset. These workers, however, will not be involved with, nor will the wholesale purchasers be
allowed on the property other than during the hours of operation that we have previously indicated.
Please incorporate this amendment to our Application to indicate that hours of operation shall
be sunrise to sunset from March 1 through November 1, and from 7:00 a.m. to 7:00 p.m from
November 1 to March 1. Thank you for your cooperation in this matter.
Sincerely,
SCOTT R. SON, P C2
Scolf R. Larson
SRL/vs
cc: Matt Edmundson
EXHIBIT
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