HomeMy WebLinkAbout20091154.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1693
Katherine & Michael O'Keefe
Jacqueline Hatch
A Site Specific Development Plan and Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (gift shop, vending machines, and
lottery sales) in the A (Agricultural) Zone District.
Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th
P.M., Weld County, Colorado.
West of State Highway 85 and approximately 3/4 miles north of CR 138.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-90.A. C.Goal 1 states:
"promote the location of commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth areas, growth management
areas as defined in municipal comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently available or reasonably
obtainable." Adequate services are available to serve the site. The site is proposed to be
serviced by an individual septic system permitted under permit number SE -0900009 and was
evaluated for adequate size and capacity, by this department, on February 18, 2009. The site
is proposed to utilize an existing well (Permit Number 280528). The well is permitted for an
individual commercial business and two associated dwellings. Development Standards and
Conditions of Approval will ensure that the proposed use will be compatible with the vicinity.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending
machines, and lottery sales) in the A (Agricultural) Zone District. The applicant is asking for a
larger sign than that is allowed in the Agricultural Zone District. The applicant is requesting a
24 square foot sign on the property. The Agricultural Zone District allows for one
freestanding sign not to exceed 16 square feet. The Department of Planning Services
supports the request for a 24 square foot sign.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property is primarily dry land in nature with a few
homes in close proximity. The Clowns Den/Borderline Cantina (USR-1096) is located directly
to the west of the site. The Wyoming -Colorado state line is located directly to the north.
There are five parcels within 500' of the property. Two letters have been received in
opposition to the proposal from neighboring property owners. Some of their concerns include
an increase in traffic, noise abatement, and a reduction in sales to the existing lottery sales
office to the north of the property. Conditions of Approval and Development Standards will
ensure compatibility with the surrounding area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld Count Code and any other applicable
EXHIBIT
2009-1154
use -
Resolution USR-1693
Katherine & Michael O'Keefe
Page 2
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within three miles of any municipality. The property is
located within three miles of Laramie County in Wyoming. Laramie County in their referral
letter dated March 10, 2009 indicated no conflicts with the proposal.
E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
Prior to recording the plat:
A. The applicant shall submit a detailed sign plan to the Weld County Department of Planning
Services for review the sign shall not exceed 24 square feet in size. (Department of Planning
Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
C. The applicant shall address the requirements (concerns) of the State of Colorado Division of
Water Resources, as stated in the referral response dated March 27, 2009. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referral response dated March 11, 2009. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Health and Environment, as stated in the referrals dated February 25, 2009 and March
20, 2009. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
F. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
Resolution USR-1693
Katherine & Michael O'Keefe
Page 3
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G. The applicant shall submit in writing a request to vacate the use of a cistern on site to the
Department of Public Health and Environment. Evidence of approval from the Department of
Public Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. Evidence
of approval from the Department of Public Health and Environment shall be submitted to the
Department of Planning Services. The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health and Environment)
The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Department of Planning Services)
J. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1693 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall delineate any signs in compliance with Division 2 of the Weld County
Code. (Department of Planning Services)
The applicant shall delineate the existing right of way for State Highway 85 on the
plat. (Department of Planning Services)
5. Should exterior lighting be a part of this facility, all light standards shall be delineated
on the plat and be in accordance with Section 23-2-250.D of the Weld County Code.
(Department of Planning Services)
The applicant shall provide a parking plan that designates parking spots for
employees, customers, and business/delivery trucks. The parking locations shall be
dimensioned. The Department of Planning Services has determined from the
application materials that five (5) parking spaces and one (1) ADA parking spaces
will be required on site for the business. An additional two (2) parking spaces shall
be delineated on the plat for the residence on the site. Each parking space should
be equipped with wheel guards where needed to prevent vehicles from extending
beyond the boundaries of the space and from coming into contact with other
vehicles, walls, fences, sidewalks, or plantings (Department of Planning Services)
The legend for the existing Landscape and Screening Plan. (Department of
Planning Services)
8. The dumpster shall be screened from adjacent properties and rights of way.
(Department of Planning Services)
Resolution USR-1693
Katherine & Michael O'Keefe
Page 4
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9. The off-street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. The location and type of surfacing material shall be delineated on the
plat. (Department of Planning Services)
K. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsco.weld.co.us. (Department of Planning Services)
5. Prior to operation:
A. The applicant shall provide a written sign -off from the Nunn Fire Protection District to the
Department of Building Inspection. (Department of Building Inspection)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution USR-1693
Katherine & Michael O'Keefe
Page 5
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CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for 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 May 5, 2009.
Dated the 5th of May, 2009.
`t�Cu'1ftbM
Kristine Ranslem
Secretary
S
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
O'Keefe
USR-1693
A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use,
or a Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending
machines, and lottery sales) in the Agricultural Zone Districts and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. Adequate toilet and handwashing facilities shall be provided for patrons and employees, at all times.
(Department of Public Health and Environment)
10. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
11. The property shall utilize the existing well (Permit Number 280528). (Department of Public Health and
Environment)
12. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
13. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
14. Only prepackaged food, in a vending machine, is allowed. (Department of Planning Services)
15. One 24 square foot freestanding sign is allowed on site. (Department of Planning Services)
• 16. A building permit shall be obtained prior to the construction of any new building, addition or remodel of
existing buildings. A building permit is required for change of use of any existing buildings.
(Department of Building Inspection)
Resolution USR-1693
Katherine & Michael O'Keefe
Page 7
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17. A plan review is required for each building for which a building permit is required. Plans shall bear
the west stamp of a Colorado registered architect or engineer. Two complete sets of plans are
required with applying for each permit. (Department of Building Inspection)
18. Structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
19. A letter of approval shall be provided to the Department of Building Inspection from the Nunn Fire
Protection District prior to construction of any structure. (Department of Building Inspection)
20. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-2-250.D of the Weld County Code. (Department of Planning Services)
21. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
22. The hours of operation are 8:00am to 7:00pm seven days a week. (Department of Planning Services)
23. The site shall have no more then two (2) employees. (Department of Planning Services)
24. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
25. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
26. The existing landscape and screening on site shall be maintained. (Department of Planning Services)
27. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
30. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
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Resolution USR-1693
Katherine & Michael O'Keefe
Page 8
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
The Chair asked the applicant if he wishes for this case to remain on consent. Mr. Gonzales replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Case USR-1689 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Erich Ehrlich. Motion carried unanimously.
The Chair read the next case into record
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1693
Katherine & Michael O'Keefe
Jacqueline Hatch
A Site Specific Development Plan and Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (gift shop, vending machines, and
lottery sales) in the A (Agricultural) Zone District.
Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th
P.M., Weld County, Colorado.
West of State Highway 85 and approximately 3/4 miles north of CR 138.
Jacqueline Hatch, Planning Services, stated that the site is located west of and adjacent to State Highway 85
and approximately % miles north of County Road 138 consisting of approximately 8.92 acres.
There is an existing Use by Special Review Permit (AmUSR-1096 for a gift shop) located directly to the west.
The sign announcing the Planning Commission hearing was posted on April 22, 2009 by staff.
The site is proposed to be serviced by an individual septic system permitted under permit number SE -0900009
and was evaluated for adequate size and capacity by the Health Department on February 18, 2009. The site
is proposed to utilize the existing well (Permit Number 280528). The well is permitted for an individual
commercial business and two associated dwellings.
The applicant is asking for a larger sign than what is allowed in the Agricultural Zone District. The applicant is
requesting a 24 square foot sign on the property. The Agricultural Zone District allows for one freestanding
sign not to exceed 16 square feet. The Department of Planning Services supports the request for a 24 square
foot sign.
The surrounding property is primarily dry land in nature with a few homes in close proximity. The Clowns
Den/Borderline Cantina (USR-1096) is located directly to the west of the site. The Wyoming -Colorado state
line is located directly to the north. There are five parcels within 500' of the property. Two letters have been
received in opposition to the proposal from neighboring property owners. Some of their concerns include an
increase in traffic, noise, and a reduction in sales to the existing lottery sales office to the north of the property.
The site is not located within three miles of any municipality. The property is located within three miles of
Laramie County in Wyoming. Laramie County in their referral letter dated March 10, 2009 indicated no
conflicts with the proposal.
Thirteen referral agencies reviewed this case; seven referral agencies had no comments, four referral
agencies included conditions that have been addressed through the development standards and conditions of
approval. No comments were received from the Colorado Lottery and the Nunn Fire Protection District.
Ms. Hatch commented that she has provided revised staff comments today. Originally the applicant was
proposing a cistern for the water supply on site; however as of this morning there is a permit for a commercial
well. Therefore staff comments have been revised to reflect a commercial well instead of a cistern on site.
Commissioner Lawley asked if the USR located west of this site is currently active. Mr. Hatch replied yes.
EXHIBIT
1 C
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Commission Ochsner asked if the proposed site is going to be living quarters and gift shop. Ms. Hatch
replied that the north side of the building will be a gift shop and the south side of the building is to remain a
home for the applicant.
Commission Ochsner asked if any building permits have been submitted. Ms. Hatch said that the
applicant has applied for a change of use permit for the home; however it will not be released pending the
approval of this application.
Michael O'Keefe commented that he represents his mother who is the applicant. He introduced three
generations of his family.
Mr. O'Keefe commented that for nearly four years they have seen their income erode after nearly 25
successful years as real estate brokers with a continued downturn in the real estate industry and continue
to struggle. In order to support their family they have had to liquidate most of their assets to get through
this very challenging period. Optimistically they have been keeping their eye out for any opportunity that
may come their way which is what had led them to apply for this USR in hopes of establishing a viable
business that will help to support them.
They have not intended to ruin any existing business or anyone's way of life. They are believers in the
American way and the spirit of competition.
This is a family affair as they all plan to participate daily on site in the operation of this business in the
hopes to build it into a viable entity that will benefit not only their family but the population of the
surrounding area and the many motorists and tourists that travel Highway 85. The benefits will also be felt
by the State of Colorado in general and Weld County in particular.
Mr. O'Keefe stated that they have complied with all that has been asked of them by the Weld County
Planning Department and its officials. They intend to fully cooperate with whatever else is asked of them
to bring this historic site into compliance with all the International Building Code regulations. They look
forward to the continued good relationship with Weld County, its various departments and officials.
Commission Ochsner asked Mr. O'Keefe to describe their business and any future plans they might have.
Mr. O'Keefe said that it was built in the 1940s as the State Line Oasis Dance Hall and the Prairie Inn. Mr.
O'Keefe indicated on a visual slide a small dwelling which houses the well. It was a windmill dated back in
the 1940s and because of the historical use and the work he has done over the last 7 months with the
Division of Resources they were able to return it to its historical use which was a commercial/residential
use.
Mr. O'Keefe stated that on the north side of the building there are two garage doors and there is
approximately 2,000 square feet of garage space. The garage area, approximately 900 to 1,000 square
foot, is the area that will be used as the gift shop. The remaining area of the building will be used as
garage and residential use.
He added that they intend to have Colorado Lottery as well as wireless internet access.
Commissioner Ochsner referred to the request for a larger sign and asked what it would consist of. Mr.
O'Keefe said that code allows a 4 foot by 4 foot sign and they have asked to increase it to 6 feet by 4 feet.
The sign would be located approximately 50 to 60 feet from the road and Mr. O'Keefe indicated that
CDOT has approved the request.
Don Carroll, Public Works, commented that the access to the site is from Highway 85 which is controlled
by CDOT.
The approach and parking lots are surfaced with asphalt. The applicant has identified a handicap parking
space as well as customer parking. Mr. Carroll added that there is some overflow parking as well.
Commissioner Berryman asked if there are any accel/decal lanes for the access. Mr. Carroll replied that
there are no accel/decel lanes; however CDOT would be the authority to require that.
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Lauren Light, Environmental Health, commented that the applicant did receive a commercial well and
therefore they do not need the cistern. There is a condition of approval to provide something in writing
indicating the vacation of that cistern.
There is an existing septic system that the applicant has had evaluated by an engineer. Only
prepackaged food from a vending machine is allowed without a food license. If they would apply for a
food license they would probably have to upgrade their septic system.
Staff has asked for a dust abatement plan for the overflow parking area as well as a Waste Handling Plan.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Kim Chavez is the property owner adjacent to this location. She has owned Borderline Cantina for five
years.
Ms. Chavez stated that in these hard economical times it is difficult enough to stay in business and be
able to provide a service to the community and also provide jobs for individuals and their families. They
believe if this business is allowed to be put in place it would directly affect their sales and potentially have
a disastrous affect on their livelihood. They have established customers over many years and need
everyone to keep this business going. They have their life savings invested into this business and have
worked very hard to keep it going in these extremely difficult economic times.
Due to their location and the customers they have established they are able to continue to provide a
service to the community and also provide employment and income to several individuals and their
families. Also due to the location the only customers the new business would be able to obtain would be
customers they have already have at their establishment.
They are located 7 miles south of Cheyenne on Highway 85 with no other business in the area other than
a Gentlemen's Club and no other residence in the area as well. The only reason to drive out to this
property is to purchase lottery tickets. Based on the above stated facts it is reasonable to speculate that
no new or additional customers will be or can be established and no additional revenue would be seen by
the City or State that is not already being produced by their business. However if any percentage of
customers are lost due to additional businesses into the area it is unlikely that they would be able to stay in
business. This would directly impact the lives of their families and lives of their employees.
Ms. Chavez commented that they think it would be unfair to allow a new, much smaller business into the
area that will not produce any additional revenue to the City or State but could potentially destroy a
business that has been in place and has provided a service to the community and is already producing the
maximum amount of revenue for the City and State that can be produced for that geographical location.
Ms. Chavez asked to take this into consideration and not allow this business into this area that would
directly negatively impact their business and their means of survival.
Commissioner Ochsner asked Ms. Chavez if there is signage for her business. Ms. Chavez replied that
they have signage along Highway 85 by their access as well as signage next to the facility.
The Chair closed the public portion of the meeting and asked if the applicant would like to make any
further comments. Mr. O'Keefe declined to add further comment.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Mark Lawley moved that Case USR-1693, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
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Berryman, yes; Paul Branham, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley, yes; Roy
Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes with comment. Motion carried unanimously.
Commissioner Ochsner commented that he appreciated the public attendance today, but unfortunately it's
not up to this board to regulate competition. They have a set of standards in which the applicant has met
and therefore based on that they granted approval of the application. He reminded the public that the next
hearing will be before the County Commissioners on May 20, 2009 at 10:00 a.m.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Robert Grand mentioned a recent tragedy which resulted in death at the intersection of County Road 49
and Highway 34. He added that it seems that there have been multiple,death accidents and there has not
been any solution to the basic problems. He understands that there is no easy solution but wanted to
remind everyone of the fact that there are deaths on the road because of issues.
Nick Berryman commented that he had talked to one of the County Commissioners and they indicated to
him that the priority for getting a light at that intersection has been moved up some.
Meeting adjourned at 2:09 p.m.
Respectfully submitted,
n& 74aawQew,
Kristine Ranslem
Secretary
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