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Home My WebLink About860143.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AGRICULTURAL SERVICE ESTABLISHMENT - DAVID M. AND ROXIE D. NEWBY, DBA EARTH GARDEN AND GREENERY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of February, 1986 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of David M. and Roxie D . Newby, dba Earth Garden and Greenery, 12407 Weld County Road 28 , Platteville, Colorado 80651 , for a Use by Special Review for an agricultural service establishment on the following described real estate, to-wit: Part of the SE14 SW4 , Section 30 , Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and 860143 page 2 -RE: USR - NEWBY agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. b. The proposed use is an agricultural activity and is, therefore, consistent with the intent of the agricultural district. c. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the Agricultural -Zone District. d. No overlay districts affect the site. e. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the -Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for an agricultural service establishment on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special -Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not _occur nor shall any additional building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to recording the Use by Special -Review plat , the applicant shall provide evidence to the Department of Planning Services that the Division of -Mater Resources has approved the water source for the Use by Special Review operation. 860143 Page 3 RE: USR - NEWBY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST:1.1O21 (2,,,„,--4 wins,,,, WELD COUNTY, COLORADO Weld County and Recorder �. �� \� ��• and Clerk to the Board Ja que b • ,n . •n, Chairman (TYwrw .c_v l c�Y.-.�c.43 Oo rc , xo-Tem Deputy County C erk AFPI2UVED AS TO FORM: ene R. Br: tner 7 , 7 \, // C.W. ir y �j Atto rney orney 0A0._ ,ag_ r� Frank amagu �% 860143 DEVELOPMENT STANDARDS David M. and Roxie D. Newby, dba Earth Garden & Greenery USR-715 : 85 :61 1 . The Use by Special Review permit is for a roadside retail business for nursery stock, garden accessories and produce as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2 . Customer parking shall be _prohibited within the Highway 85 Frontage Road right—of-way. 3 . All driveway and parking areas shall be hard-surfaced or graveled. Remaining areas of the property not covered by structures shall be seeded to adapted grasses, in accordance with Platte Valley Soil Conservation District recommendations. 4 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 6 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 7 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 8 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated -shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of -Planning Services. 860143 Page 2 DEVELOPMENT STANDARDS - NEWBY 9 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 860143 HEARING CERTIFICATION DOCKET NO. 86-3 RE: USE BY SPECIAL REVIEW FOR AN AGRICULTURAL SERVICE ESTABLISHMENT - DAVID M. AND ROXIE D. NEWBY, DBA EARTH GARDEN AND GREENERY A public hearing was conducted on February 5, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated January 15, 1986, and duly published January 23, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of David M. and Roxie D. Newby, dba Earth Garden and Greenery, for a Use by Special Review for an agricultural service establishment. Bruce Barker, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, and stated that three Conditions and nine Development Standards have been proposed for this request. She also stated that the applicants have been working with the Planning staff and the Division of Water Resources to get the approval necessary for Condition #3. David Newby, one of the applicants, came forward to answer questions of the Board. No public comment was received concerning this application. Commissioner Brantner moved to approve the request for a Use by Special Review for an agricultural service establishment, subject to the Conditions and Development Standards as recommended by the Planning Commission. Commissioner Yamaguchi seconded the motion which carried unanimously. This Certification was approved on the 10th day of February, 1986. APPROVED: �- BOARD OF COUNTY COMMISSIONERS ATTEST:11n, { ,�,�, p,(kitG*.A'.1,n/ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board- a quel , oh '°..n C airman $Y: D puty County Cl k G. . l Ta7y acy, 9r. em ene R. Brantner C.W.747 r Frank Yamaguc TAPE #86-9 DOCKET #86-3 PL0005 ATTENDANCE RECORD TODAY ' S • HEARINGS ARE AS FOLLOWS : FEBRUARY 5, 1986 DOCKET # 86-2 AMEND USR TO INCLUDE OIL & GAS SUPPORT OPERATION - ARNOLD & BEVERLY TETER DOCKET # 86-3 USR, AGRICULUTRAL SERVICE ESTABLISHMENT - DAVID & ROXIE NEWBY DOCKET # 86-4 USR, SALVAGE YARD - MANUEL M. BALDERAS • DOCKET 11 86-5 USR, NATURAL GAS PROCESSING SITE - SCHREIDER OPERATING COMPANY PLEASE write or crint legibly your name, address and the IOC n (as 1__ted above) or the - olicants name of the hearing you are attending. NT,1E ADDRESS HEARING ATTENDING �� ., 72721 W — _ -t. / 30,7 4, o ,r. .3 .411 u;i.L. {S6 - 3 l7 <<1 Iv, A,. ) z .loi li�CQ ? ? k, , I ( p - :- "P t . I �.4 _7 rye - (.3 e-f /I e � ' (w � / X22 . / - ur 2 4 CIA? 4 idle ?/ - 2 �'itui.e 1- 7.-.6,6-o. -_2 • :),7 R.( 7 dose-/ l e,_ , ,,e„„-c, g6-7 (Amy 1. -1 „ ;97 a k2-<:. • }c- ! iii 1 44 f ?r- y hyG'�,l �t- ti c9 c 6 , ✓ 9 . r • 86014:^ NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-3 David M. and Roxie D. Newby dba Earth Garden and Greenery 12407 Weld County Road 28 Platteville, Colorado 80651 DATE: February 5, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Agricultural service establishment LEGAL DESCRIPTION: Part of the SE} SW}, Section 30, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy • DATED: January 15, 1986 PUBLISHED: January 23, 1986, in the Johnstown Breeze AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE Mona STATE OF COLORADO 1 1 SS Pursuant eraStatet to the doo and the COUNTY OP WELD i Weld County Zoning Ordinance. I, Clyde Briggs, du solemnly swear That I a public hearing will be held my 6 g the Chambers of the Board of %• am publisher of The Johnstown Breeze: County Commissioners of Weld that the same is a weekly newspaper County. Colorado. Weld County printed, in whole or in part, and published Cemahnia Center, 915 10th in the County of Weld, State of Colorado, Coloratlo,Fat ttheF1time specified. and has a general circulation therein; that Ali persons In any manner said newspaper has been pub), hed interested in the Use by Special Review are requeaed fo attend continuously and uninterruptedly in said and may be heard. County of Weld for a period of more than shoved the appneent or any fifty-two consecutive weeks prior to the interested party desire the ipresence or a court reporter to first publication of the annexed legal notice in94 in recur oaf lth Mero aped or advertisement; that said newspaper has Ins Aearhi h wrylll belke ttduthe been admitted to the United States mails as Boam•s of co can be contacted second-class matter under the provisions of for a liar of coon reporters in the the Act of March 3, 1879, or any area. If a court reporter is obtained the Clerk to the Boards amendments thereof, and that said a ice actiobn at least fiv writing newspaper is a weekly newspaper duly prior to the hearing. The coat of qualified for publishing legal notices and engaging e borne by therequesting shag advertisements within the meaning of the he laws of the State of Colorado. BE IT Amap KNOWN that the text and maps so certified by the That the annexed legal notice or adcertuo- Weld County Planning Commis- sion may oe examined in the meat was published in the regular and office of the Ctenato the Board of entire issue of every number of said weekly In the hty Weld. ty C ,located newspaper for the period of / consecu- C Weld• Centennial Center, 915 10th treat, Third live insertions; and that the first Floor, Greeley, Colorado publication of said notice was in the is. ti;ot- DOCKET NO. 88-3 said newspaper dated/—Z3 APPLICANT :1.D. �- David M. and Roxie D. Newby and that the last publication of said notice dbe Earth Garden and • was in the issue of said newspaper dated Greenery 12407 Weld County , A.D. 19 - Platteville,Coord loao In witness whereof I have hereunto set 80651 my hand)lus 2 7 day of ..7-a--7 , DATE: February 5,.1988 A.U. 19: TIME: 2:00 P.M. REQUEST: Use by Spacial i �f � Revbw Agrlcu8urel 'service establishment Publisher LEGAL DESCRIPTION: Part of then SEp14 SWt4, Section 30, West of the NBMh, PMMg Weld County, Colorado Subscribed and sworn to before me, a Notary Public in and for the Count of State of CnloraCdi this ..:r.7. day of - BOARD OF CCC�QOOONDUNTY say. A.D. 1'JO.Li... POwAISs• COLORAO J BY: r X� :- FEU Cp4ERK-AND Notary PublicPublicCOUNTY RECORDER AND CLERK TO-THE BOARD BY: AlleyReiff, Deputy My commission expires DATED: January-15. 1986 PUBLISHED: January 23, 1988 ,, . �' 'im,e 14, 7987 In the Johnstown Breeze • . ,. 'ol.lh a arich. Avenue „,i.___ ;Ohio town, CO SO,i4 850143 Affidavit of Publication • LEGAL NOTICE. Pursuant to the zoning laws of the STATE OF COLORADO) State of Colorado and the Weld County Zoning Ordinance, County of Weld) SS. a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County i Paul Massey of Colorado, Weld County Centennial Center,915 10th ,First Floor, said County of Weld being duly sworn,say that I Greeley, Colorado, at the time specified.All persons in any man- am publisher of ner Interested in the Use by Spa- .71p ft.nirille Her-ald cial Review are requested to attend that the same is a weekly newspaper of general and may be heard. circulation was printed and published in the Should the applicant or any into- town of rested party desire the presence of Platteville a certified court reporter to make a record of the proceedings,in addi• in said county and state:that the notice of adver- Lion to the taped record which will tisement,of which the annexed is a true copy has be kept during the hearing, the been published in said weekly newspaper for Clerk to the Board's Office can be contacted for a list of certified one pyypyyy court reporters in the area. If a tV FgelzaiNic court reporter is obtained, the weeks: that the notice was published in the Clerk to the Board's of. regular and entire issue of every number of said • lice shall be advisee in writing g of such action at least five days newspaper during the period and time of publics- prior to the hearing. tion of said notice and in the newspaper proper The cost of engaging a and not in a supplement thereof: that the first court reporter shall be borne by the requesting party. publication of said notice was contained in the Issue of said newspaper bearing the date, the BE IT ALSO KNOWN that the text and maps so certified.by the Weld County 23 date of Jan., A.D.. 19 86 be examined in m the ofmission the Clerk Jo the Board of County and the last publication thereof, in the issue of Commissioners,located in the Weld County Centennial Center,915 lath said newspaper,bearing date,the 23 day of Street. Third Floor, Greeley, Co- lorado. January . 19 P(Zthat the said • Townships North,Range 66 West of the 6th P.M., Weld County, DOCKET NO. 86d Platteville Herald Colorado has been published continously and uninter- - APPLICANT BOARD OF COUNTY ruptedly during the period of at least fifty-two David M.and Roxie COMMISSIONERS consecutive weeks next prior to the first issue D.Newby WELD COUNTY,COLORADO dba Earth Garden and Greenery thereof containing said notice or advertisement 12401 Weld County Road 24 BY: MARY ANN FEUERSTEIN above referred to: and that said newspaper was Platleville,Colorade 80651 COUNTY CLERK & RECORDER at the time of each of the publications of said AND CLERK TO THE BOARD notice duly qualified for that purpose within the DATE: February 5, 1986 BY: meaning of an act entitled, "An Act Concerning TIME: 2:00 P.M. Mary Reiff, Legal Notices. Advertisements and Publications DEPUTY and the Fees of Printers and Publishers thereof. REQUEST: Use by Special Review -Agricultural service establishment DATED: January 15, 1986 and to Repeal all Acts and Parts of Acts in Con- flict with the Provisions of this Act" approved LEG44 DESCRIPTION: PUBLISHED in the Platteville April 7, 1921. and all amendments thereof, and Part of the SEA/SW4. Section 30, Herald January A, 1986. particularily as amended by an act approved. Ma _! 1923. and an approved May 13. 31. Publisher Subscribed and sworn to beformine this ,..71-/th day of Na(zate A 2ii A.D.. 19 2t, � r ✓ • ',7,<,'I q Pl_' Notary indite <-11&',(1- a/2{,L et SSD 6.;,-, / i O My commission expires y/4i 5 / d 9 860143 , NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-3 David M. and Roxie D. Newby dba Earth Garden and Greenery 12407 Weld County Road 28 Platteville, Colorado 80651 DATE: February 5, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review — Agricultural service establishment LEGAL DESCRIPTION: Part of the SE} SW} , Section 30, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 15, 1986 PUBLISHED: January 23, 1986, in the Johnstown Breeze iCx/1/B'7 -C/ J Ji4 DATE: January 15 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 5th day of February, 1986 , at 2 :00 P.M. Docket No. 86-2 - Amend USR permit to include oil and gas support operation, Arnold D. and Beverly A. Teter Docket No. 86-3 - USR, Agricultural service establishment, David M. and Roxie D. Newby Docket No. 86-4 - USR, Salvage yard, Manuel M. Balderas Docket No. 86-5 - USR, Natural gas processing site, Schreider Operating Company OFFICE OF THE CL RK TO THE BOARD BY: 2?t71.12/.4. a Deputy O The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO - January 17, 1986 OFFICE. CF THE STATE ENGINEER DIVISICI OF WATER RESCURCES 1515 Sherman Street-Room 818 Denver, Go. 80205 Dear Sir; In response to the letter to Ma. Dunn on Case iio. 522 in reference to the Earth Garden and Greenery greenhouse; SE;, SW , Sec. 50 TSN, Rt6'rI. We have a irrigation well which has an adjudication from the water court, and is also agumentedy GASP. We also have a river water right. Dave Newby fills a 500 gallon tank to take care of the greenhouse. If you need any more information please contact Roland Miller. Sincerely, Roland Miller 12821—Rd 25 Platteville, Colo. 80651 I have sent a copy of this letter to the STATE ENGINEER DIVISION OF .ti„TER RESOURCES. r( J,,„ _ r,i; 2 _ ,,E„6 EXHIBIT L. \ Weill Co. Planning Cnmmissaoi, 860143 Q\ ,) , N-iNn Vki,\S60)LW. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING January 7, 1986 A regular meeting of the Weld County Planning Commission was held on January 7, 1986, in the County Commissioners' Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman at 1:30 p.m. Tape 226 - Side 2 ROLL CALL Lydia Dunbar Present Doug Graff Present Don Johnson Present Louis Rademacher Present Ann Garrison Present Lynn Brown Present Paulette Weaver Present Jack Holman Present Also present: Debbie deBesche, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on December 3, 1985, was approved as distributed. CASE NUMBER: USR-715:85:61 4 APPLICANT: David M. & Roxie D. Newby d/b/a Earth Garden and Greenery REQUEST: Use by Special Review permit for an agricultural service establishment LEGAL DESCRIPTION: Part of the SE} SW} , Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile south of Platteville; west of U.S. Highway 85 and north of Weld County Road 28. APPEARANCE: David Newby, applicant, reported they own the Earth Garden and Greenery. They intend to raise and sell bedding plants and house plants along with potting soils, pots, fertilizers, and other plant related products. They lease this land from Roland and Caroline Miller. They have adequate parking for about thirty cars and the parking area has already been developed according the the recommendations of the Colorado Department of Highways. 860143 J AXNi ,7 Summary of the Weld County Planning Commission January 7, 1986 Page 3 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Doug Graff - yes; Lydia Dunbar - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garriso❑ - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Amended USR-511:85:58 APPLICANT: Arnold Douglas and Beverly Ann Teter REQUEST: Use by Special Review permit for an oil and gas support operation. LEGAL DESCRIPTION: Part of the NW} , Section 2, TIN, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile northeast of Hudson; east of Interstate 76 and north of State Highway 52. APPEARANCE: There was no one present to represent the applicant. Therefore this case will be moved to the last item on the agenda. CASE NUMBER: Z-424:85: 10 APPLICANT: Robert L. and Priscilla Johnson REQUEST: Change of Zone from C-2 (General Commercial) to C-3 (Commercial) LEGAL DESCRIPTION: Part of Lots I and 2; NE} SE} , Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of Greeley; west of Weld County Road 45 and north of U.S. Highway 34. APPEARANCE: Robert Johnson, property owner and applicant, stated he is asking for a change of zone on this 3.5 acre parcel of land. This property is currently being used as a consignment auction and he is asking for the change of zone so he can store equipment in the open rather than having to build buildings for storage which would not be feasible. Mr. Johnson introduced Pam Valencia, his closest neighbor. Mrs. Valencia stated she does not object to the change of zone. The Johnson's are good neighbors and they do not object to the outside storage of equipment or to the consignment auctions. Tape 227 - Side 1 ti60143 i a-• r ", it JAN101986 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-715:85:61 NAME: David M. and Roxie D. Newby dba Earth Garden & Greenery ADDRESS: 12407 Weld County Road 28, Platteville, CO 80651 REQUEST: Use by Special Review permit for an Agricultural Service Establishment. LEGAL DESCRIPTION: Part of the SEI SWk , Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile south of Platteville; west of U.S. Highway 85 and north of Weld County Road 28. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment; - The proposed use is an agricultural activity and is, therefore, consistent with the intent of the agricultural district; - The uses permitted will be compatible with the existing surrounding land-uses and with future development of the surrounding area as permitted by the agricultural zone district; - No oveilay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. n501'13 USR-715:85:61 David M. and Roxie D. Newby dba Earth Garden & Greenery January 7, 1986 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any additional building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Use by Special Review plat, the applicant shall provide evidence to the Department of Planning Services that the Division of Water Resources has approved the water source for the Use by Special Review operation. Motion seconded by Ann Garrison. Vote: For Passage Against Passage Doug Graff Lydia Dunbar Lynn Brown Don Johnson Louis Rademacher Ann Garrison Paulette Weaver Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 8€014 USR-715:85:61 David M. and Roxie D. Newby dba Earth Garden & Greenery January 7, 1986 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on January 7, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 8th day of January, 1986. ` Bobbie Good Secretary 860143 DEVELOPMENT STANDARDS David M. and Roxie D. Newby dba Earth Garden & Greenery USR-715:85:61 1. The Use by Special Review permit is for a roadside retail business for nursery stock, garden and accessories and produce as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Customer parking shall be prohibited within the Highway 85 frontage road right-of-way. 3. All driveway and parking areas shall be hard-surfaced or gravelled. Remaining areas of the property not covered by structures shall be seeded to adapted grasses, in accordance with Platte Valley Soil Conservation District recommendations. 4. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 860143 ADDITIONAL COMMENTS David M. and Roxie D. Newby dba Earth Garden & Greenery USR-715:85:61 The Platteville Planning Commission has not submitted a formal response to this request. A recommendation is expected by January 10, 1986. 860143 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number ).L)5 7/57 es' 6/ Submitted or Prepared Prior to Hearing At Hearing 1. Application /3 Pages V 2. Application plat(s) / page(s) ✓ 3. BPS Referral Summary Sheet ✓ 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List ✓ 6. DPS Mineral Owners Mailing List i✓ 7. J DPS Maps Prepared by Planning Technician ✓ 8. DPS Notice of Hearing ✓ 9. DPS Case Summary Sheet ✓ 10. DPS Field Check ✓ 11. /2-2o --gs /die-1/4_1-5,, O/ctzc Vi Ad C'> ✓a-y', „4.)r ,c7`- 12. /2-11;M- 74-ten- D i i.-r n t- it, i'LA'at../13./Q-30-it� e., kr,- p{-,,,tiL ��`waa_ . 0r sj 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /3 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further(�ce'rtify that these items wer22 forwarded to the Clerk to the Board's office on `z ` / 1O 19 d 1p . Current lanner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 10 — DAY OF Ni. o.Aniscom19 %lo , SEAL e \- Cosa NOTARY PUBLIC ExN/g/r /9 860140 NY COMMISSION EXPIRES My Commission Expires Feb. 13, 1989 EXHIBIT INVENTORY CONTROL SHEET Case (1St Exhibit Submitted By Exhibit Description B• / �'.:G7 W/%?7,.U✓.L/17L �d�IZ�L/17u �,-4�-C�7/./yJ.�il�£GCIO.rt. C. � 7ZU1U1 eB-)2"l?p.I/L..co77i %.rs��l/J�'/+OO/lt 2 ./72 ,li D. (./,221) j 514r /tom E. F. G. H. I. J. R. L. M. N. 0. 860143 Date: January 7, 1986 CASE NUMBER: USR-715:85:61 NAME: David M. and Roxie D. Newby dba Earth Garden & Greenery ADDRESS: 12407 Weld County Road 28, Platteville, CO 80651 REQUEST: Use by Special Review permit for an Agricultural Service Establishment. LEGAL DESCRIPTION: Pt. SE} SW} of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile south of Platteville, west of U.S. Highway 85 and north of Weld County Road 28. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment; - The proposed use is an agricultural activity and is, therefore, consistent with the intent of the agricultural district; - The uses permitted will be compatible with the existing surrounding land-uses and with future development of the surrounding area as permitted by the agricultural zone district; - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. 83014' David M. and Roxie D. Newby dba Earth Garden 6 Greenery January 7, 1986 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any additional building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. [}JO.�,u,,'g3 DEVELOPMENT STANDARDS David M. and Roxie D. Newby dba Earth Garden & Greenery USR-715:85:61 1. The Use by Special Review permit is for a roadside retail business for nursery stock, garden and accessories and produce as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Customer parking shall be prohibited within the Highway 85 frontage road right-of-way. 3. All driveway and parking areas shall be hard-surfaced or gravelled. Remaining areas of the property not covered by structures shall be seeded to adapted grasses, in accordance with Platte Valley Soil Conservation District recommendations. 4. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the nn Board of County Commissioners. 860143 ADDITIONAL COMMENTS David M. and Roxie D. Newby dba Earth Garden & Greenery USR-715:85:61 The Platteville Planning Commission has not submitted a formal response to this request. A recommendation is expected by January 10, 1986. 860143 LAND-USE APPLICATION SUMMARY SHEET Date: December 31 , 1985 CASE NUMBER: USR-715:85:61 NAME: David M. and Roxie D. Newby dba Earth Garden & Greenery ADDRESS 12407 Weld County Road 28, Platteville, CO 80651 REQUEST: Use by Special Review permit for an agricultural service establishment LEGAL DESCRIPTION: Pt. SEi SW} of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile south of Platteville, west of U.S. Highway 85 and north of Weld County Road 28. SIZE OF PARCEL: 1 . 5 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24,3 of the Weld County Zoning Ordinance. The Department of Planning Services has not yet received recommendations from the County Extension Office, Platteville Planning Commission and the Division of Water Resources. Referral comments from Platteville Soil Conservation District and the State Division of Highways are attached for your review. The staff has received no objections to this request. 860143 C � C DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 \ 915 10th STREET G REELEY,COLORADO 80631 'Yi.-.' d.- u{• COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on January 7, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for an Agricultural Service Establishment from David M. and Roxie D. Newby dba Earth Garden & Greenery on a parcel of land described as Pt. SE} SW} of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado, containing 1.5 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing _on January 7, 1985 . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, — Phone — 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by December 19, 1985. Received by: (. Date: 71//,b 860143 ( I J— _ r__.gyp nrrOin• F.. f �'T16• a • r. • • \ 3j;:k'( 1 "E. o [ e • I .°3 s r • !i( • •i; 4 p'vz 1 F• • , 5 1-.4‘) . 7 i • . .7 i P • ••• • •a • • •I • •• KEEIL 44o n •t. n I I • A?=Ii \z . I ,� ti t o� • "F v e x! G.re,e L MIL as zn d • r...6y'�+I �_. :J i! • • o •.._: ,.../:::2.1.>\___, f .ir C. • PAR.<l )\•-' I • ` !•A N' • J I d �� A per e.. DD • (I / �� J J i ° First 9r rre,nn Al . r a Line 9954... " � m �111 • NOM ��711 4 =I/ • �� • ••ES • *O • 7. �• �aE•] D U�° CIFI • -*\Res p c s• UNION•�J ^' "3 4 lncry 3� • �oI AYE • • ��00 •• •4; • •. • � U' �xwio.4. � i ! ad AA roe roe 7 1 MI • MM • H,gI,—mow • 1 , I,_, of Oil V•.. FI 1 • �I • • • • 'daJM• _- ♦ns 1GJya •_ • \/fct I x 4 ♦ I uI Jzz1 1♦ 1! 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'4:-.� I sr R K R t>< ,./ [ 1 ��:� �� y , 't Y '31r a � �>ex; aa . . ;"IA,. a� - I tPo ar, te. a • f .. =i r K ae •`E,44.:.' .s a.r 573 ^5 t1.. • 9.14 aj a l Q W # 7 1 4 .,. ..' I Pt V' y } clr At - . o - 0 t 1k , % VF y .7 ' • A4 „.• -"St:"Ss _;emu f oa; AI Wi ' t 1 wn i; r "7*Y'Fr s.-.fT c Aye 5 r rye" { r4 , . M 1/ "�k'•x t 2 ,r s `�i , J 6 4. s 4 , r a !! 74' t Rr 4 .+ r $ FL I� : A fyf. ,\ . e{ "s ,..ai `*t '` +: e �++► ,1i if`,�,. v' t 3 ' ( I e). + ' rI. & ` 3 \ I,. - - \I N }Y z'' w 7 'Y tom` '"' z `' t l ,- S 7li Wit L R r ( . �p�•. 4 r f { ��Ah 1a� .�._. \t• E f` �I#qtri, an ' a . _ FIELD CHECK FILING NUMBER: USR-715:85:61 DATE OF INSPECTION: (.2 -/7- r NAME: David M. & Roxie D. Newby dba Earth Garden and Greenery REQUEST: Use by Special Review permit for an Agricultural Service establishment LEGAL DESCRIPTION: Pt. SE% SW1 Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. LAND USE: N PcCQ attieweeak ZONING: N O2, LOCATION: Approximately 1/4 mile south of E a7 Platteville, west of Highway 85 and north of S Q 9 Weld County Road 28. W COMMENTS: BY: �o.cea ac-a-& S80143 DEPARTMENT OF PLANNING SERVICES PHONE(303)356.4000 EXT.4400 915 10th STREET pf impmN �y t�.' - GREELEY, COLORADO 80631 `Y` ry` ., • CASE NUMBER USR-715:85:61 COLORADO December 9, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from David M. and Roxie D. Newby dba Earth Garden and Greenery for a Use by Special Review permit for an Agricultural Service -establishment. The parcel of land is described as Pt. SE} SW} of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile south of Platteville, west of Highway 85 and north of Weld County Road 28. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by December 27, 1985, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter. Signed sec Iadf Agency a te:/.. '-Str Gloria V Dunn Curr n lanner 860143 FIELD CHECK FILING NUMBER: USR-715:85:61 DATE OF INSPECTION: December 13, 1985 NAME: David M. and Roxie D. Newby REQUEST: A Use by Special Review permit for an Agricultural Service Establishment LEGAL DESCRIPTION: Part of the SEi SW} , Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile south of Platteville; west of U.S. Highway 85 and north of Weld County Road 28 LAND USE: N Farmland E Highway 85 and Frontage Road S Weld County Road 28, Farmland W Farmland, residence ZONING: N Agricultural, Platteville City Limits E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Highway 85 Frontage Road. The property contains a residence, greenhouse, shed, and a roadside stand for the sale of nursery goods and products. A number of vehicles are kept to the west of the buildings. Three residences are located within one-fourth mile. By: Gloria V Dunn Current Planner 580143 REFERRAL LIST APPLICANT: David and Roxie Newby CASE NUMBER: USR-712:85:61 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: December 27, 1985 NO SR NR • NO SR NR County Attorney Y X Platteville Fire /\ Protection District Weld County Health Dept. P.O. Box 568 X Platteville, CO 80651 X Engineering Department X County Extension Agent Office of Emergency Mngmt X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 )( )( X State Highway Department 1420 2nd Street Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Platteville Planning Commission c/o Rosa Miller P.O. Drawer 70 Platteville, CO 80651 X _XBrighton Soil Conservation District 60 S. 27th Avenue Brighton, CO 80601 X Louis Rademacher Weld County Planning Commission �q 13184 Weld County Road 13 680143 Longmont, CO 80501 NO=No Objection SR-Specific Recommendations a Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 December 20, 1985 Ms. Gloria V. Dunn, Current Planner Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-715:85:61 Miller, Ronald and Carol Dear Ms. Dunn: The soil where this project is proposed is listed as Prime Agricultural Land,according to the Important Farmland Map for Weld County, Colorado. This soil has a severe limitation for buildings and roads due to the shrink-swell potential and the low strength of the soil . This limita- tion should be considered in the designing process. For erosion control any heavy use area should be hard surfaced or grav- elled. Any area other than buildings and hard surfaced areas should be seeded to adapted grass. Sincerely, A ,, j Robert Warner, President Board of Supervisors RW/ljg 1 r1 ' ? , �LC 2 ; 1985 Weld Co. Planom¢ I:omniss, . [3..A)143 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT STATE OF COLORADO DIVISION OF HIGHWAYS #0T CF M1 F.O. Box 850 /o .r �'+ Greeley, Colorado 80632-0850 ({° (303)353-1232 8 oc cow December 18, 1985 Weld Co. , S.H. 85 Newby Spec. Rev. , N. W. Cor. C.R. 28 and S.H. 85 (S. of Platteville) Ms. Gloria V. Dunn Department of Planning Services DOH File 45100 Weld County 915 10th Street Greeley, CO 80631 Dear Ms. Dunn: We have reviewed the Newby application for a Use by Special Review for an agricultural service establishment and have the following comments: As indicated in the application material, the operator met with a representative of this office earlier this year to discuss use of the existing access to the State Highway 85 frontage road for this plant sales business. Based upon our review of the condition of this access, the amount of traffic, and type of vehicles expected to use this access, it was determined that it can be used for the stated purpose without an Access Permit. The maximum access width is 35 feet with 20—feet turning radii. If any future widening of this access is proposed, the property owner or operator must contact us to discuss the possibility of obtaining an Access Permit. We would like to remind the operator that parking is not allowed within the highway right of way along this property. Thank you for the opportunity to review this application. Please contact Wally Jacobson if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER , John K. Crier JKC:WJ:mbc District Planning/Environmental Manager cc: D. Yost Area Foreman 0 File: Crier-Jacobson via ChotvacsI � a[�� 2J1985 Weld Co. Planning Omission 880143 MAILING LIST David and Roxie Newby USR-715 Fred and Mary Lorenz 13730 Weld County Road 25} Platteville, CO 80651 State Historical Society of Colorado c/o State Museum Building Denver, CO 80222 James and Madeleine 13283 Weld County Road 25} Platteville, CO 80651 Carrol and Ruth Rhodes 12167 Weld County Road 28 Ft. Lupton, CO 80621 Fort Vasquez Club Ltd. 162 Ash Street Denver, CO 80202 Roland and Carol Miller 12821 Weld County Road 25} Platteville, CO 80651 Adam and Mary Sue Rupple 12524 Weld County Road 25} Platteville, CO 80651 Helen Millensifer 3930 Lamar St. Wheatridge, CO 80033 8501.43 MINERAL OWNERS David and Roxie Newby USR-715 Roland and Carol Miller 12821 Weld County Road 25} Platteville, CO 80651 f.15 / °.`mac OF"Op! RICHARD D. LAMM Fes , • Governor H O JERIS A. DANIELSON 1I * State Engineer 7876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES �.�I ,:; `. l + J�-\\it Yi' I 1313 Sherman Street-Room 818 !IJ')rl uL;`-:I _ _ 1_ .__- Denver, Colorado 80203 i „ � non (303) 866-3581 1j t- )NCO December 30, 1985 Q\ ftUp �pptppSsthu1 Weld t13.Ms. Gloria Dunn Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Earth Garden & Greenery, SE1/4, SW1/4, Sec. 30, T3N, R66W Dear Ms. Dunn: We have reviewed the above referenced application to allow plant sales from a greenhouse on the premises, sale of potted nursery stock, and other commercial uses. The well proposed as the source of water appears to be permitted, no. 113622A. This well is permitted for domestic use and cannot legally be used for a commercial greenhouse operation. Sincerely,ep Hal D. im , P.E. Deputy State Engineer HDS/JRH:ma/6672H cc: Steve Lautenschlager 880143 - APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number _ Date Received Application Checked by Mylar plat submitted -Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: Part of the LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREAaE* Of the SOlen 30 T 3 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available)12407 WCR 28, Platteville , CO 80651 PRESENT ZONE Agricultural OVERLAY ZONES Not In Overlay 'Lone TOTAL ACREAGE 250 Feet east & west by 260 Feet north & south in the corner PROPOSED LAND USE Agri cultural ( of the SE* of the SWI) Use By Special Review EXISTING LAND USE Agri cultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Miller, Roland & Carol Address: 12821 WCR 25* City Platteville , CO yip 81)651 Home Telephone # 785 y56/4/�J Business Telephone A „ , 7.Name: ' +r u' ,r�� ,l,, , Address: City Zip Home Telephone A Business Telephone * Name: Address: City Zip Home Telephone A Business Telephone B APPLICANT OR AUTHORIZED AGENT (if different than above): Name: David M. & Roxie D. Newby dba Earth Garden & Greenery Addres 2407 WCH-28 City YlattCVille , Cu yip 80671 Home Telephone it 785-2406 Business Telephone A . List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Miller, Roland & Carol Address: 12821 WCR 25* city Platteville, CO zip 80651 Name: Address: _City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) _ STATE OF COLORADO ) i . ) / /(/ \ r Signature: Owner of Authorized Agent Subscribed and sworn to before me this--%' day of SEAL ^,,, . . NOTARY PUBLIC • 860143 commission expires - ) ' EARTH GARDEN & GREENERY 12407 WELD COUNTY ROAD #28 PLATTEVILLE, COLORADO 80651 TELEPHONE : (303)785-2406 I. Proposed Use A. Plant sales from existing greenhouse grown on premises. B. Proposed addition of a reasonable amount of potted nursery stock (i .e. rose bushes , shrubs , trees ) . Earth Garden & Greenery is a licensed nursery stock dealer and holds a current license from the Colorado State Department of Agriculture - Division of Plant Industry. C. Proposed addition of small vegetable and flower garden and patio accessories (i .e . bird baths , homemade plant stands , bagged potting soil , pots , etc . ) . D . Proposed addition of locally grown farm produce and western slope fruit in season (i .e. peaches , pears , apples ) . II.. Heed For Use A. Genuine interest has been expressed by several local farmers in supplying fresh farm produce for resale at our location and our customers have expressed a need for an outlet where they can obtain the same . B. Dotted nursery stock and patio and garden accessories (i .e. bird baths , bagged potting soil, pots , etc. ) would enable us to provide our customers the convenience of a well rounded inventory complementary to plant sales . III. Types Of Existing Uses On Surrounding Properties A. Earth Garden & Greenery is located on the west side of U. S . Highway 85 one and one quarter miles south of Platteville , Colorado. Surrounding property is irrigated agricultural producing land with the exception of a parcel zoned commercial to the north (Orchard Hollow Herbs & Gifts/J.J. Clinkinbeard Residence ) along frontage road. IV. Distance Of Proposed Use To Residential Structures A. C . H. Rhoades Residence - Approximately * mile to the west on Weld County Road #28. B. J.J. Clinkinbeard Residence - Approximately * mile to the north an .frontage road of U. S . Highway 85. C . R. Harding Residence - Approximately * mile to the east on Weld County Road #28. D. Roland Miller Residence - Approximately * mile to the south on Weld County Road #252. E. Bruce Sikich Residence - Approximately one eighth mile south on Weld County Road 25z. F . All other residences lie beyond residences listed above. 660143 EARTH GARDEN & GREENERY 12407 WELD COUNTY ROAD #28 PLATTEVILLE, COLORADO 80651 TELEPHONE : (303)785-2406 V. Users , Patrons , Members & Buyers A. During heaviest buying season (bedding plant season April/May) maximum numbers of patrons this past season ran approximately fifty per day maximum. Other months fifteen to twenty patrons per day maximum. VI. Employees , Shifts , Hours Of Operation A. Proposed use would call for hours of operation to be between the hours of 8:00 a.m. and 8:00 p.m. during spring bedding plant season and hours of operation for the remainder of the year to be within the hours listed above. B. Earth Garden & Greenery is operated by the principle residents (David M. & Roxie D. Newby) with the possibility of seasonal part time help. VII. Water Source A. Water source is existing well water on premises. VIII. Access Routes A. Access to proposed use is from service/frontage road as per agreement with Colorado State Highway Department, inspected and approved by Mr. Dean Yost , May 1985, at a point 150 feet north of Weld County Road #28 on frontage road. The existing access to proposed use could be widened to a maximum of 60 feet to provide further safe ingress/egress from property. _ IX. Vehicular Traffic A. Passenger cars/pickups approximately fifty per day maximum during heaviest buying season. X. Sewage Facilities A. Not Applicable XI. Fire Protection Measures Associated With Proposed Use A. Proposed use lies with Platteville Fire Protection District. B. On premises extinguishers with 1000 gallon water storage capacity on premises . C. In conduit and waterproof electrical fixtures and accessories . XII . Concentration of Animals A. Not Applicable 880143 EARTH GARDEN & GREENERY 12407 WELD COUNTY ROAD #28 PLATTEVILLE, COLORADO 80651 TELEPHONE : (303)785-2406 XIII. Waste., Stockpile Or Storage Areas A. Niot Applicable XIV. Storm Water Retention Facilities A. Mot Applicable - Natural Drainage XV. Removal & Disposal of Debris A. Applicants will provide trash removal .to designated landfills in the area (i .e. Weld County Landfill ) . XVI. Erosion Control & Landscaping A. Not Applicable XVII. Reclamation Procedures A. Wet Applicable XVIII. Time Table/Construction & Start Up Of Proposed Use A. Since we are an e ting retail plant outlet , there would be no need for cons ction of any kind. The proposed use would enable us to stock accessories complementary to plant sales with the addition of potted nursery stock this coming spring; upon approval of Special Use Permit. 860143 1 EARTH GARDEN & GREENERY 12407 WELD COUNTY ROAD #28 PLATTEVILLE, COLORADO 80651 TELEPHONE : (303)785-2406 Proposed use is consistent with the Weld County Comprehensive Plan in that Earth Garden & Greenery is basically an agriculturally supported business . No productive agricultural land has been taken out of production for its location and proposed use would benefit our "producers" as an additional outlet for their product. As stated previously, the proposed use will be compatible with the surrounding land uses and also with the future developement of the surrounding area as permitted by the existing agricultural zone. The use by special review area does not lie in a flood plain (DPS Map No. 860C ) , or in the Weld County Airport overlay district area or a geologic hazard area. C'',0143 EARTH GARDEN & GREENERY 12407 WELD COUNTY ROAD #28 PLATTEVILLE, COLORADO 80651 TELEPHONE : (303)785-2406 39--Nunn loam, 0 to 1 percent slopes. This is a deep, well drained sail on terraces at elevations of 4,550 to 5,000 feet. It formed in mixed alluvium. Included in mapping are small, long and narrow areas of sand and gravel deposits and small areas of soil that are subject to occa- sional flooding. Some small leveled areas are also in- cluded. Typically the surface layer of this Nunn soil is grayish brown loam about 12 inches thick The subsoil is light brownish gray clay loam about 12 inches thick. The upper part of the substratum is light brownish gray clay loam. The lower part to a depth of 60 inches is brown sandy loam. Permeability is moderately slow. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings of trees and shrubs commonly grown in-the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern _redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush, lilac, Siberian peashrub,and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. This soil has fair to poor potential for urban develop- ment. It has moderate to high shrink swell, low strength, and moderately slow permeability. These features create problems in dwelling and road construction. Those areas that have loam or sandy loam in the lower part of the substratum are suitable for septic tank absorption fields and foundations. Some areas are adjacent to streams and are subject to occasional flooding. This soil has fair poten- tial for such recreational development as camp and picnic 8601.,73 areas and playgrounds. Capability class I irrigated. `3 • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of' the SEj, Section 30, T31 , R66W of the 6th P.M. , Weld County, Colorado • STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and leases of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this .9!/ day of /9- ({C.7ZL/tt' f,/ , 19 :— WITNESS my hand and official seal. My Commission expires: I_/4-J ', Notary PubLic j 860143 INTEREST OWNERS - MINERALS AND/OR SUBSURFI,CE Subject Property: Part of the SE*. Section 30, T3N, R66W of the 6th P.M., Weld County, Colorado MILLER, ROLAND MILLER, CAROL 12821 WCR 25j Platteville , CO 80651 830143 AFFIDAVIT OF INTEREST OWNERS SURFACE -ESTATE Application No. Subject Property Part of the SEy, Section 30, T3N, R66W of the 6th P.M. , Weld county Colorado STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. e a : Roxie D. Newby (From Records Of Weld Co. Assessor) The foregoing instrument was subscribed and sworn to before me this ,,:/-61 i/717day of j2 r.- WITNESS my hand and official seal. My Commission expires: 41--/S-84 ,_,..,_./ Notary Public CS01tt3 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION it LORENZ , FRED E./MARY L. , 13730 WCR 2D* 1211-30-0-00-004 Platteville, CO 80051 STATE HISTORICAL SOCIETY c/o State Museum 1211-30-0-00-005 OF COLORADO Building Denver, CO CLINKINBEARD , JAMES J. 13283 WCR 25* 1211-30-0-00-006 CLINKINBE`ARD, MADELEINE Platteville , CO 80651 RHOADES , CARROL H.. 12167 WCR 28 1211-30-0-00-008 RHOADES; RUTH M.A.. Fort Lupton, CO 80621 FORT VASQUEZ CLUB LTD.. 162 Ash St. 1211-31-0-00-009 Denver, cu 80202 MTTJ.FR, ROLAND 12821 WCR 25* 1211-31-0-00-010 MILLh1, UAROL — Platteville, cu 80651 RUPPLE, ADAM/MARY SUE 12524 WCR 25* 1211-31-0-00-22 Fort Lupton, CU 80621 LORENZ , FRED E ./MARY L. 13730 WCR 25* 1211-30-0-00-21 Platteville , CO 80651 MILLENSIFER, HELEN H. 3930 Lamar St. 1211-30-0-00-20 Wheatridge , CO 80033 -860143 • LEASE i THIS INDENTURE,Made this 11th day of October 1985 between ROLAND MILLER and CAROL MILLER ,party of the first part, ; and DAVID M. NEWBY and ROXIE D. NEWBY ,party of the second part, WITNESSETH:That the said party of the first part,in consideration of the covenants of the said party of the second part, hereinafter set forth,do by these presents lease to the said party of I the second part,the following described property,to wit: • See Legal Description Attached Labeled Exhibit A. also known as sl reel and nunibcr N/A TO HAVE AND TO HOLD to the said party of the second part from the 1st day of October , 19 85 ,tothe the 30th day ofSeptember, 19_x5__. And the said party of the second part, in consideration of the leasing of the premises as above set forth, covenants and agrees with the party of the first part to pay the said party of the first part as rent for the same the sum of One Hundred ($100 . 00) DOLLARS payable as follows,to wit: On the first day of eaol9 month. II The said party of the second part further covenants with the said party of the first part,that at the expiration of the time mentioned in this Lease;peaceable possession of said premises shall be given to the said party of the first part, in as good condition as they now are, the usual wear, inevitable accidents, and loss by fire excepted; and that"upon the non-payment of the whole or any portion of said rent at the time when the same is above promised to be paid,the said party of the first part may, at their election,either distrain for said rent due, or declare I this Lease at an end,and recover possession as if the same was held by forcible detainer;the said party of the second part hereby waiving any notice of such election, or any demand for the possession of said premises: IT IS FURTHER COVENANTED AND AGREED,Between the parties aforesaid All installation and maintenance of utilities will be the responsibility of the parties of the second part. Parties of the second part will be responsible for any addional taxes do to structures added to premises. The covenants herein shall extend to and be binding upon the heirs, executors and adminis- trators of the parties to this Lease. Witness the hands and seals of the p• ies aforesaid. 7 _(SEAL) 11 /) (SEAL) State of Colorado t2 c a*—E � (SEAL) II county of Weld 1 The foregoing instrument was signed befor-fie e this csth %/ of October 1985 by the following persons, Roland Miller, Carol Miller, David M. Newby and -Roxie D. Newby .I /;// �/� My Commission Expires,June 18.198$ �iI No.M LEASE - P �u;:nl ynl .� y .x_,vV , � . A,e��„i ()MP'I 4:‘, n,iuu 10-M 860143 erp7 _ EXHIBIT A LEGAL DESCRIPTION A Parcel of ground approximately 166 feet North-and-South by 180 feet East-and-West with a section measuring 75 feet East-and-West by 41 feet North-and-South, in the Southwest corner that is not a part of this Parcel of land. This Parcel of ground begins at a point 130 feet North of Weld County Road 28 , where it abuts Frontage Road next to Highway 85 and extends 166 feet North of that point , then 180 feet West , 125 feet South , 75 feet East , 41 feet South and 105 feet East to the point of first beginning. This Parcel of ground is within a Parcel of ground approixmately 250 feet East and West by 260 feet • North-and-South in the corner of the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of Section Thirty (30) , all in Township Three (3) North , Range Sixty-six (66) West of the Sixth Principal Meridian. 8609.4 i al 9 II 0 M II '1 —1 IN IR R E ' ." 4o a y,,rL ,i `�4 ,;'+.,-.. y,..e 'y 'n':Nk i' T#Z '''v O ,,,„7`_'`.;r 4r,. $, y a" .w� ri ., ,. 4,.'. a i., : aa S t f 3+ q� a.: .-. h . met .. - -ri iiiij.... .F i wW a ...Ike^a -t. t ,� v i ,.ti..*:''......;'.4 ,"!v,vw. .,...;469:1.4,0.41;1-4,t .' `.;,,4.4,3 -tie"Ther •r1-14f6la.V�r{�. .4. f +. YSet• • A u .--lli---wTKL'f-l-V Si; Yrww3•• r vtu aa+"44:vi w.+. -k l _-') n i6i11 �a 4'72•-.-.... le ''.,r „- ,ri.. cEc.e.. 19431ens L?��a — way..e.aged. ° RIDS ALL PEI SY =ZS amen, That AI.SES MI1.Ln, of the Cuaty of - Weld and State of Colorado,,Grantot4,f the cons i'4atatioo of US OOLIJfl ' and other gaud and valuable eutaf , in hand paid, hereby sells and '-: . conveys to MOUND MI aid CARGL CU, of tt a County a Wald and State , i _ of Colorado, Crantees, to past tett in toy in eo_m but in joint ten- . may, the survivor of them, their seine and the heirs end ess'_Fms of such t T a. . survivor forever, the following real property, aitu.te in the County of Weld -.'i and State of Colorado, to-watt i - • , I ' The [eat calf of the Northwest Quarter (MTV and toe Sourceset .w • {(` i Quarter•of the Corth•ast Quarter (SW 7%) of Section thirty-one • E of Section endo the t Thirty ast,�quarter he at t3�rtter,r (U V%)i • _j 1 Sixty-ei.a (06) Kest of the Sixth Prin.ipal Meridian, • • I # together with all ester, ditch end lateral rights appurtenant thereto, tt _S,_„• .. in`luding three-fo.atia (3/4) share of the Platteville Milling and Irrigation Cawpamy water stock, ' .. with all' its appurtenances, and warrants the title to the same subject to: - Grantor expressly excepts and reserves unto himself and his wife, FIRS V. MTT.IZD, the right to occupy the house and i sroveranta t located on a parcel of ground approximately 250 feet east-es4-west . by 260 feet north-and-south in the corner of the Southeast Quarter C' i: .- of the Southwest Quarter (SE}SW%) of said Section 30, during the 4,Qi. lifetime of the grantor and his said wile, Fern V. Miller, or the - --- survivor thereof, said right of occupanty to be upon the following • • tercet , 1. That gratesea shall pay all texas, repairs and maintenance { on the reserved praises and W grantor or the said Fe - _ V. Miller shall pry all utilities in connection with the ,,, r � use and occupancy of said praises, I 2. Neither party shall be required to carry file or extended • w coverage on the reserved premises but may do so if they .. so desire, and Sa cue of deans, or destruction of said •.T. ... premises the grantees shall not be required to restora or 4• . replace said praises, but the grantor er the said Fen- V. _ . Miller shall cave the right within one year from the data of the dame ns or destruction of said premises to rebuild ' AS -4. or restore said premises at their own expense, 3. That should the grantor or the said Fern V. Miller, or the s+--, 1i, u, survivor thereof, cease to use said reserved property for - - - their use and occupancy, other than during a reasamable f . of illness or vac atiaa, than and in that en avant the reserved right created hereby shall be, deemed to ais.+:ad , and grantor ant the said Fern V. Miller shall have no fug- •• that Wr right, title, interest, e'sie or demand in and to the it I reserved property or the use and occupancy thereof, --'- 4. That any right, title or interact created hereby in the re- co �•"-_'- ..,� 1- served premises shall completely cease and terminate upon .�.,`;• • the deathsof the grantor sad the said Fern V. Miller, and .. e recorded certified copy of the death certificates shall o • be all that is t.ecessary co terminate said interest. _ •. • r Signed and delivered this 7(,, day of December, A_D. 1961.-il S��CC;.•••74--//I/ .�fC� ' ‘Pic err err Millar ,y - ! ) ss. The foregoing ieutratent was acknowledged before.' CS" ) we this day of De:ember, 1951, by Albert Mier.l wrists my hand and official seal: / i My commission expires: r, - Notary Public C� q •,. . ,'''•••••'!'''-'‘'''• 3 ' '".'Y "ItiriWr � 04 a•,',..c.w ♦ •1 r • "nt.4 �'�•" ,• +F, Aiah r a'al'.�n W s It y, k+' y ." ,s: • - - v ^: :+". „1 ...21 s 41 �','1 ye}e wa "\ owe ,. J. . 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