HomeMy WebLinkAbout20000187 HEARING CERTIFICATION
DOCKET NO. 2000-04
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1251 FOR A
COMMERCIAL GREENHOUSE/GARDEN CENTER IN THE A (AGRICULTURAL) ZONE
DISTRICT - PAT AND AMANDA WEAKLAND
A public hearing was conducted on January 26, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 10, 2000, and duly published January 13,
2000, in the South Weld Sun, a public hearing was conducted to consider the request of Pat and
Amanda Weakland for a Site Specific Development Plan and Special Review Permit#1251 for a
Commercial Greenhouse/Garden Center in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Julie Chester, Department of Planning
Services, presented a brief summary of the proposal and entered the favorable recommendation
of the Planning Commission into the record as written. Ms. Chester stated the site is located just
outside the municipal boundary of the Town of Windsor,ten entities responded to the referrals, and
no letters of opposition have been received. Ms. Chester presented a proposed Condition of
Approval 2.1, marked Exhibit G, and a memorandum from the Department of Public Works, marked
Exhibit H. Ms. Chester reviewed reasons for approval of the project and stated the site is within
the Urban Boundary Growth Area of the Town of Windsor, whose referral includes several
proposed conditions. She stated the concerns of the Town of Windsor and the Department of
Public Works should be incorporated into additional Conditions of Approval. Ms.Chester explained
the applicant has incorporated the office into one of the greenhouses instead of having it in a
separate building; however, she does not consider this a substantial change. Responding to
Commissioner Vaad, Ms. Chester stated the applicant has been working with the Town of Windsor,
and a representative of the Town is present. Ms. Chester clarified the Conditions of Approval have
to be met prior to recording the plat.
Pat Weakland, applicant, stated he and his wife live on this property, and for several years they
have been using a portable, temporary greenhouse set up within the town limits of Windsor, which
has proven successful; therefore, the application is to allow them permanent facilities for selling
garden center supplies, such as fertilizer, and plants. Responding to Commissioner Hall, Mr.
/Weakland stated the site is one-half mile from the town limits, although the Jacoby Annexation is
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HEARING CERTIFICATION - WEAKLAND (USR #1251)
PAGE 2
adjacent to them and they realize they will be surrounded and have to annex at some point. Mr.
Weakland further stated he has had discussions with Windsor about annexation; however, at
present he wants to remain agricultural. He stated that by meeting Windsor standards for signage
and parking lots, etc., they will be able to blend in when it is time to annex. Mr. Weakland said they
were surprised by the request for a fire hydrant, although they have now come to an agreement
with the Windsor-Severance Fire Protection District (Exhibit J). He also explained it is their
intention to have paved parking, although they hope to delay it for several years, and he requested
proposed Condition of Approval #2.1 either be deleted or changed to four years. Responding to
Commissioner Hall, Mr. Weakland stated the ground will have to be raised six feet and fill dirt
hauled in before the septic system can be installed since it is in the flood plain. He further
responded there is no sewer available at this time and the septic system would service all of
the greenhouses.
Responding to Mike Geile, Mr. Weakland stated the concerns of the fire district and flood elevation
issues have been resolved. Ms. Chester stated the Flood Hazard Development Permit has been
approved. Mr. Weakland estimated four or five cars are present on weekends; however, during
the six-week season approximately 30 or 40 cars are expected. He further stated he will continue
working with Windsor to be able to meet its standards concerning parking lots, signs, etc. Mr.
Weakland explained the plat now shows an oversized parking lot which can be reduced in size but
still meet Windsor's guidelines, and it will be revised to show the appropriate parking lot, additional
right-of-way, including 75 feet for the Colorado Department of Transportation.
Responding to Commissioner Hall regarding hours of operation, Mr. Weakland stated he would
prefer to have the Development Standard omitted to eliminate the need for amending the Use if
hours of operation ever change; and he reiterated he would also like to either delete the proposed
Condition regarding paving, or allow four years to complete. He stated the season this year is too
short for him to recoup his startup costs this year; however, four years will give one additional year
for income generation before that expenditure is required.
Scott Ballstadt, Town of Windsor Planning Department, stated the Fire District was not able to
attend this hearing; however, he believes the concerns presented have been resolved. Mr.
Ballstadt stated the proposal is within the Growth Management Area of Windsor and the applicant
originally asked for annexation; however, the applicants realized they prefer being in the County,
so they did not proceed with the annexation. Mr. Balstadt stated Windsor recommends approval
with seven Conditions of Approval. He said Condition#1 has been met; Condition #2 will resolve
the discrepancy in flood data; the applicant has no problems with Conditions#3 and#4; Conditions
#5 and #6 are being addressed; and Condition#7 refers to the sign being a monument-type sign
rather than following County regulations, and he indicated the applicants have agreed to Windsor's
signage requirements. Mr. Ballstadt clarified for Commissioner Geile that Condition #3 is a
correction to the map, and further explained the urban signage being requested. Responding to
Commissioner Hall, Mr. Ballstadt said four years to complete th epaving is a good compromise.
No further public testimony was offered concerning this matter.
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HEARING CERTIFICATION - WEAKLAND (USR #1251)
PAGE 3
Mr.Weakland presented a landscape sketch map, marked Exhibit I, and a letter from the Windsor-
Severance Fire Protection District, marked Exhibit J, and stated he is working with Windsor to
make this venture work, although he would rather do the paving as funds are available, such as
in four years. He reiterated the plat will be amended to make any adjustments required in this
hearing, and to change the spacing, etc. on the parking lot area. Responding to Commissioner
Hall, Mr.Weakland agreed to meet Windsor guidelines for signage, and stated he would rather not
be tied to an annexation agreement. Ms. Chester suggested changing Development Standard#19
to read: "Any proposed signage shall meet the Sign Ordinance for the Town of Windsor in effect
at the date of this Resolution, and require appropriate builiding permits."
Commissioner Hall moved to approve the request of Pat and Amanda Weakland for a Site Specific
Development Plan and Special Review Permit#1251 for a Commercial Greenhouse/Garden Center
in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the
Planning Commission,with the Conditions of Approval and Development Standards as entered into
the record, adding Condition of Approval#2.1 presented by staff, but changing three years to four
years; and to amend Development Standard #19 as read by staff. The motion was seconded by
Commissioner Geile. Chair Kirkmeyer asked the motion be amended to also delete Development
Standard #3, and Commissioners Hall and Geile agreed to amend the motion, which carried
unanimously.
This Certification was approved on the 31st day of January, 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W
LD COUNTY, COL RADO
ATTEST: 44111
I � j.: L ,�,,//,� I i
`� arbara J. Kir eyer, Chair
Weld County Clerk to the ,3•ar.
mai • 1/4? ✓ems
BY: t� V .. t trip 4
Deputy Clerk to the Bo�® Yf c �� XCUSED
cu �� r e E. Baxter A
TAPE #2000-04 a-i=Cti-- ' /,
Dale K. Hall
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2000-0187
PL1372
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1251 - PAT AND AMANDA WEAKLAND
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
E. Martha Schrepel Letter (E-mail) of Concern (01/24/2000)
F. Planning Staff Photo of posted sign
G. Planning Staff New condition
H. Planning Staff Don Carrol Memo (01/25/2000)
Applicant Map
J. Applicant Fire District Letter
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Q.
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