HomeMy WebLinkAbout20090735.tiffHEARING CERTIFICATION
DOCKET NO. 2009-14
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1686
FORA USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CUSTOM SEEDING
BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - TURNPIKE LIMITED
LIABILITY COMPANY
A public hearing was conducted on April 1, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated February 18, 2009, and duly published February 27,
2009, in the Greeley Tribune, a public hearing was conducted to consider the request of Turnpike
Limited Liability Company for a Site Specific Development Plan and Use by Special Review Permit
#1686 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (custom seeding business) in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
In response to Chair Garcia, Michelle Martin, Department of Planning Services, stated she recently
contacted the applicant by telephone, and he indicated he thought the meeting was scheduled for
1:30 p.m. She further stated he confirmed he would leave right away; however, it would take him
approximately 45 minutes to arrive. She indicated the Board could issue a recess of the matter for
approximately fifteen minutes, in order to wait for the applicant, or, the matter may be continued
to a later date. Following discussion between the Commissioners, the Board concurred that a
recess is appropriate, since the applicant is currently on his way.
Chair Garcia issued a recess of the matter.
Upon reconvening, Chair Garcia advised the applicant's representative, Corey Huwa, that he has
the option of continuing the matter to a date when the full Board will be present. However, if he
decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote,
Commissioner Conway will review the record and make the determining vote. Mr. Huwa indicated
he would like to proceed today, apologized for his tardiness, and expressed his appreciation to the
Board for their patience.
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Ms. Martin presented a brief summary of the proposal and entered the favorable recommendation
of the Planning Commission into the record as written. She stated the site is located south of State
Highway 52, and east of County Road 65. She indicated the proposed use is directly related to the
agricultural industry, and supports the applicant's 6,000 acre family farming operation. She
confirmed the building which houses the business is located approximately 1,200 feet from County
Road 65, and the applicant has planted trees to help screen the outdoor parking areas. She
indicated the site is not located within an Intergovernmental Agreement area; however, it is located
within the three-mile referral area for the Town of Keenesburg, which does not have any conflicts
with the proposed use. She further indicated the surrounding area is predominantly agricultural in
nature, with several single-family residences, and the property is currently in violation for the
operation of the business on the site without an approved USR permit. She clarified if the
application is approved, the violation will be closed; however, if the application is denied, the matter
will be forwarded to the County Attorney's Office, with a delay of action for thirty days.
Ms. Martin stated the applicant owns Lot B of Recorded Exemption #1514, which is approximately
153 acres in size; however, the USR boundary will encompass approximately 50 acres, and is
located within the southeast corner of the site. She confirmed a residence exists on Lot A of
Recorded Exemption #1514, and she displayed photographs of the site and the surrounding area.
Chair Garcia stated the file contains a letter submitted by William Thomas, indicating concerns, and
requesting additional information, and he would like to know if the concerns presented by
Mr. Thomas have been addressed. In response, Ms. Martin confirmed Mr. Thomas attended the
Planning Commission hearing, at which time he indicated his concerns were adequately addressed
through the response letter provided by the applicant. She clarified Mr. Thomas had concerns
regarding the easement granted to Lot B, and he wanted to confirm the easement would not be
utilized for access to the business. She stated Development Standard #37 clarifies that the
business may only be accessed from County Road 65. Responding to Commissioner Kirkmeyer,
Lauren Light, Department of Public Health and Environment, stated Development Standard #10
was added because the applicant previously mentioned the installation of a cafeteria within the
building, and if the applicant desires to do so, the Colorado Retail Food Establishment Rules and
Regulations must be followed. Further responding to Commissioner Kirkmeyer, Ms. Light clarified
the cafeteria would only be utilized by employees of the business. In response to Chair Garcia,
Ms. Martin clarified the use of a cafeteria was not specifically included within the request title;
however, the referral agencies did review the potential use since it was included within the
application materials.
Don Dunker, Department of Public Works, stated the access to the site is on County Road 65,
which is a paved two-lane road, with an average daily traffic count of approximately 456 vehicles.
He indicated the business will add approximately 40 daily traffic trips, on average, and with a
maximum number of seasonal employees, the number will increase to 82 traffic trips per day. He
confirmed the average daily traffic count on State Highway 52 is approximately 1,600 vehicles, and
22 percent of the total traffic are trucks. He indicated the site access will contain a 60 -foot radius,
in order to accommodate large trucks, no parking or staging of vehicles will be allowed on County
Roads, and a water quality feature is proposed for the site. In response to Commissioner
Rademacher, Mr. Dunker confirmed a detention pond will not be required, and the applicant may
create the water quality capture area at his discretion.
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Ms. Light indicated water is provided to the site from a commercial well, and a copy of the well
permit has been provided to the Department. She stated the existing septic system on the site has
already been evaluated and certified for use by up to 20 full-time employees. She indicated the
applicant intends to install a new septic system within the shop building, which will be sized for
35 full-time employees, therefore, the Department does not have any concerns regarding the septic
system. She confirmed the applicant has worked diligently to complete a large number of the
Conditions of Approval prior to the hearing, and the Department does not have any outstanding
concerns regarding the application.
Mr. Huwa indicated the custom seeding business is run in conjunction with the family farming
operations, and he clarified that customers do not come to the site, therefore, the parking areas
on the site are for employees and deliveries only. He further clarified the building will contain a
kitchen for employee use, and he does not intend to serve any food at the site. Commissioner
Long stated Development Standard #30 indicates the hours of operation are limited from 7:00 a.m.,
to 7:00 p.m., Monday through Saturday, and he believes there may be times when operation hours
would need to be expanded. Mr. Huwa confirmed the hours listed are the average hours in which
employees work, and in the wintertime, employees do not work as late into the evening. He
clarified operations do occasionally extend past 7:00 p.m., in the summer months; however, it is
a rare occasion. Commissioners Rademacher and Long indicated they would like the hours of
operation to be eliminated due to the agricultural nature of the business.
Mr. Huwa indicated Condition of Approval #1.L requires that signs be posted at the site for
employee and truck parking, and he confirmed he does not understand the need to delineate the
parking on the site. In response to Chair Garcia, Mr. Huwa reiterated customers do not come to
the site; the only vehicles on the site will be employee vehicles and delivery trucks. In response
to Commissioner Long, Mr. Huwa indicated the limitation of forty-one employees may need to be
expanded in the future, and he requested to expand the limitation of employees within
Development Standard #31, if possible. Further responding to Commissioner Long, Mr. Dunker
confirmed if the allowed number of employees were increased to fifty (50), it does not present any
additional traffic concerns. In response to Chair Garcia, Ms. Light confirmed the engineer has
certified that the septic systems will serve up to fifty-five (55) employees, therefore, the possibility
of additional employees is not a concern for the Department. Mr. Huwa clarified the company
currently has thirty-five (35) employees; however, only ten (10) of the employees actually come to
the site on a regular basis. He confirmed a large majority of the employees work at various jobsites
and do not come to the site on a daily basis. Commissioner Long indicated he concurs with
expanding the number of allowed employees on the site to fifty-five (55).
No public testimony was offered concerning this matter.
In response to Commissioners Kirkmeyer and Rademacher, Ms. Martin clarified the applicant will
not be required to provide additional landscape and screening improvements, and the language
of Development Standard #29 simply requires the applicant to maintain the existing landscaping
on the site. In response to Chair Garcia, Mr. Huwa confirmed he understands the requirements
of Development Standard #29. Commissioner Rademacher recommended that Condition of
Approval #1.1 be removed since screening is not necessary at the site, and the Board concurred
with the deletion of Condition of Approval #1.1. Commissioner Rademacher further recommended
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that Condition of Approval #1.K be deleted, as screening for the trash collection area is not
necessary. Chair Garcia recommended the first sentence of Condition of Approval #1.K not be
deleted, so that the trash collection area is delineated on the plat. Commissioner Kirkmeyer
indicated the last sentence of Condition of Approval #1.K should remain, which indicates the
applicant shall prevent trash from being scattered by wind or animals. The Board concurred with
the modification of Condition of Approval #1.K to state, "The applicant shall delineate the trash
collection areas. These areas shall be designed and used in a manner which will prevent trash
from being scattered by wind or animals."
In response to Chair Garcia, the Board concurred with the deletion of Condition of Approval #1.L,
as requested by the applicant. Responding to Commissioner Rademacher, Mr. Huwa confirmed
there are no chemical operations on the site, and the site is not limited to a five gallon limit for the
storage of chemicals; however, five gallons is the approximate amount he currently stores on the
site. In response to Commissioner Long, the Board concurred with the deletion of Development
Standard #30. Following discussion among the Commissioners, the Board further concurred with
the modification of Development Standard #31 to state, "The site shall be limited to no more than
fifty-five (55) on -site employees."
In response to Chair Garcia, Mr. Huwa indicated he has reviewed, and concurs with, the Conditions
of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Turnpike Limited Liability Company for
a Site Specific Development Plan and Use by Special Review Permit #1686 for a Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (custom seeding business) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards as entered into the record, as amended. Her motion included the
deletion of Conditions of Approval #1.1, and #1.L, with the required re -lettering; the modification of
Condition of Approval #1.K to state, "The applicant shall delineate the trash collection areas. These
areas shall be designed and used in a manner which will prevent trash from being scattered by
wind oranimals."; the deletion of Development Standard #30, with the required re -numeration; and
the modification of Development Standard #31 to state, "The site shall be limited to no more than
fifty-five (55) on -site employees." The motion was seconded by Commissioner Rademacher, and
it carried unanimously. There being no further discussion, the hearing was completed at
11:35 a.m.
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HEARING CERTIFICATION - TURNPIKE LIMITED LIABILITY COMPANY (USR #1686)
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This Certification was approved on the 6th day of April, 2009.
APPROVED:
OARD OF COUNTY COMMISSIONERS
ATTEST:inces.,1)
Weld County Clerk to the Boa
BY
EXCUSED
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Depot Cler the Board
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m F. Garcia, Chair
ougla Rademac
Seen P. Conway
arbara Kirkmeyer
David E. Long
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er, Pro -Tern
2009-0735
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1686 - TURNPIKE LIMITED LIABILITY COMPANY
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated March 17, 2009)
D. Planning Staff Certification and Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF APRIL, 2009:
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ADDRESS
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