HomeMy WebLinkAbout20090702.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, 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-1685
Benjamin Hansford Sr.
Michelle Martin
A Site Specific Development Plan and Use by Special Review for a Home
Business (auto repair and service) in the A (Agricultural) Zone District.
Lot 1 Block 29 of Aristocrat Ranchettes Subdivision 2n° Filing in Section 27, T2N,
R66W of the 6th P.M., Weld County, Colorado.
South of and adjacent to Caroline Ave and west of and adjacent to Richard
Street.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region." Development Standards and Conditions of Approval will ensure that the proposed
use will be compatible with the area. The surrounding property is primarily residential in
nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or
screening of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." As a
Condition of Approval the applicant will be required to screen the vehicles when they are
stored outside from adjacent properties and public rights of way.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone Districts. Section 23-3-40.O of the Weld County Code allows for A Site Specific
Development Plan and Special Review PermitforA Home Business (Auto repair and service)
in the A (Agricultural) Zone District.
Currently the property is in violation (ZCV08-00149) for the presence of an automotive repair
business without an approved and recorded Use by Special Review permit (USR). If the
USR is approved, the violation will be closed. If denied, the case shall be refereed to the
County Attorney's office but delay legal action for 30 days in order to give the applicant time
to ensure that the business has been removed from the property.
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 to the north, south, east and west are located within Aristocrat
Ranchettes Subdivision which is zoned Agricultural (A) and is utilized for single family homes.
The property is located with the three mile referral area for the City of Fort Lupton and they
indicated in their referral dated 12/31/08 no conflicts with the proposed development.
Therefore, given the minimal impact of the proposed use (Home Business) the use will be
compatible with the surrounding land uses.
2009-0702
Resolution USR-1685
Benjamin Hansford Sr.
Page 2
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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 County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The property is not located within an Intergovernmental Agreement Area but does lies within
the three mile referral area of the City of Fort Lupton. The City of Fort Lupton in their referral
dated 12/31/08 stated that they have reviewed the request and find no conflicts with their
interest. The surrounding area is residential in nature with several Use by Special Review
permits (USR-1168 for an oil and gas support service, SUP -473 for a 30 dog kennel, USR-
1252 for a 30 dog kennel, USR-712 for a 17 dog kennel) in the area. Staff believes that the
Conditions of Approval and Development Standards will ensure that the use will be
compatible with existing surrounding land uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee but not in the Stormwater/Drainage Impact Fee area.
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.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The subject site is primarily classified as "Other" as delineated on the Important Farmlands of
Weld County map, dated 1979. This size of the parcel (1.03 acres) is currently developed
and located within a subdivision (Aristocrat Ranchettes Subdivision) of multiply one acre lots
and therefore, is not conducive to agricultural uses.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 can
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.
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1685. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. Caroline Avenue and Richard Street are classified by the County as a local gravel
road, which requires a 60 foot right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. If the right-of-
way can not be verified, it shall be dedicated. The plat shall delineate the existing
right-of-way and the documents which created it along with any additional right-of-
way reservation required. (Department of Public Works)
Resolution USR-1685
Benjamin Hansford Sr.
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D. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
E. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent public rights -of -way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
2. Upon completion of 1 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.
(Department of Planning Services)
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 maps(a'..co.weld.co.us. (Department of Planning Services)
5. 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 Erich Ehrlich.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Mark Lawley
Against Passage Absent
Paul Branham
Nick Berryman
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.
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Resolution USR-1685
Benjamin Hansford Sr.
Page 4
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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 March 17, 2009.
Dated the 17th of March, 2009.
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Benjamin Hansford Sr.
USR-1685
1. A Site Specific Development Plan and Special Review Permit for A Home Business (Auto repair and
service) in the A (Agricultural) Zone District 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. Home Business is an incidental use to the principal permitted use for gainful employment of the family
residing on the property, where:
a. Such use is conducted primarily within a dwelling unit or accessory structure and principally carried
on by the family resident therein.
b. Such use is clearly incidental and secondary to the principal permitted use and shall not change the
character thereof. (Department of Planning Services)
4. All outdoor parking shall be screened from public rights of way and adjacent properties. The
screening along the west side shall be installed before the property in question is sold and/or before
the property at 15226 Caroline Street is sold. (Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
10. 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. (Department of
Public Health and Environment)
11. 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)
12. Sewage disposal for the facility shall be by septic system. 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)
13. The facility shall utilize the existing public water supply. (Aristocrat Ranchettes Water Project).
(Department of Public Health and Environment)
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Resolution USR-1685
Benjamin Hansford Sr.
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14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
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A building permit shall be obtained prior to the change of use, or construction of any new
structures. (Department of Building Inspection)
22. A plan review is required for each building for which a building permit is required. Two complete sets
of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits Submittal plans shall include a floor
plan showing the specific uses of each area for the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the
design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Department of Building Inspection)
23. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
24. All building plans shall be submitted to Fort Lupton Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
26. The Screening site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
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Resolution USR-1685
Benjamin Hansford Sr.
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27. Hours of operation shall be from 8:00am to 6:00pm Monday through Friday; Saturday by
appointment only. (Department of Planning Services)
28. The number of employees shall be limited to the family residing on the property. (Department of
Planning Services)
29. No parking or stage of vehicles shall be allowed on the County Right of Way. (Department of
Planning Services)
30. In addition to personal vehicles, no more then 4 vehicles can be parked on site at one time. When
customer vehicles are parked on site overnight, they must be located within the screened area.
(Department of Planning Services)
31. 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)
32. 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.
33. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
34 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.
35. 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.
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
Resolution USR-1685
Benjamin Hansford Sr.
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that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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The Chair read the next case into record.
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CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1685
Benjamin Hansford Sr.
Michelle Martin
A Site Specific Development Plan and Use by Special Review for a Home
Business (auto repair and service) in the A (Agricultural) Zone District.
Lot 1 Block 29 of Aristocrat Ranchettes Subdivision 2n° Filing in Section 27, T2N,
R66W of the 6th P.M., Weld County, Colorado.
South of and adjacent to Caroline Ave and west of and adjacent to Richard
Street.
The Chair asked Ms. Martin if she wishes for this case to remain on consent. Ms. Martin replied yes.
The Chair asked the applicant if they wish for this case to remain on consent as well. The applicant 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.
The Chair read the last case into the record.
CASE NUMBER: USR-1686
APPLICANT: Turnpike Limited Liability Company
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts (Custom Seeding Business) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B of RE -1514 being part of NW4 of Section 9, Ti N, R63W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and East of and adjacent to CR 65.
The Chair asked Ms. Martin if she wishes for this case to remain on consent. Ms. Martin replied yes.
The Chair asked the applicant if they wish for this case to remain on consent as well. The applicant replied
yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
William Thomas, 32500 Hwy 52, Keenesburg, CO. Mr. Thomas said that one of his concerns is the current
easement on his property which allows Turnpike to pass his property to get to their property.
Mr. Thomas researched and found approximately 28 recorded easements on his property and one that is not
recorded, specifically the Prairie Falcon Parkway. His goal is to find out if there is an alternative access that
the Turnpike Company will not need to use that easement anymore.
Mr. Thomas inquired if the 49 acres includes the whole thing or if it is more for the actual business. He
recognizes the fair amount of agriculture out there as well as buildings and the custom seeding business.
He has talked to and sent letters to Weld County which was then forwarded to Turnpike LLC. The applicants
did respond to him with answers to a lot of the concerns and questions that he had regarding waste disposal,
fuel storage, chemical storage, light pollution, noise pollution, property accesses, number of employees, and
hours of business. Mr. Thomas indicated that he is comfortable with the responses that he received from
Turnpike LLC.
Mr. Thomas expressed that his main concern is that if this application is approved that Turnpike LLC will use
the easement as a haul route for their trucks. He explained that this easement is a railroad grade. He stated
that his ultimate goal is to eliminate some of the easements on his property. He wishes to clarify if this case
will support that.
Commissioner Holton asked Bruce Barker, County Attorney, if the easement will get vacated if this USR is
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approved. Mr. Barker indicated that typically with USRs any land use permit that is granted is going to be
subject to those existing easements; therefore it doesn't get rid of them by itself. He added that the usage
would go away only if there is a release of the easement. Commissioner Holton said that it looks like the main
entrance is going to be off of County Road 65.
Ms. Martin stated that Commissioner Holton was correct and added that the proposed access that the
business would be using is directly off of County Road 65 and not associated with Mr. Thomas's property.
Commissioner Holton asked if there are any development standards regarding this easement. Ms. Martin
replied no and added that the easement that Mr. Thomas is referring to would only be used for agricultural
purposes and not for the business itself.
The Chair asked if any of the Commissioners wished to pull this item off of the Consent Agenda. Tom Holton
and Mark Lawley wished to pull this item and hear this case specific to Mr. Thomas's concerns regarding the
easement.
Roy Spitzer moved that the amended Consent Agenda which includes USR-1688 and USR-1685 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.
Commissioner Grand disclosed that he has a relationship with Turnpike LLC which involves the Weld County
Fair Parade. He added that he chairs the parade and Turnpike LLC participates in the parade. Mr. Grand
does not believe that this relationship will impede his ability to make a fair decision.
The Chair asked Mr. Grand if he has any reason for financial gain or loss on this case. Mr. Grand stated no.
The Chair announced that this case will now be a hearing item and read the case into record.
CASE NUMBER: USR-1686
APPLICANT: Tumpike Limited Liability Company
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts (Custom Seeding Business) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B of RE -1514 being part of NW4 of Section 9, T1 N, R63W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and East of and adjacent to CR 65.
The Chair asked Ms. Martin to clarify the easement which Mr. Thomas referred to as well as the 49 acres of
the USR.
Michelle Martin, Department of Planning Services, stated that the zoning on the property will remain
agricultural. The access for the proposed seeding business will be off of County Road 65 and located within
approximately 49 acres of the USR boundary.
The access that Mr. Thomas is referring to was created with a recorded exemption and came off of Highway
52 and along the eastern boundary of his property which was an access for Lot A and B of the Recorded
Exemption. At this time there are no development standards or notes that preclude the applicant from utilizing
that access but it is one that has hot been identified as one that they would use.
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Ms. Martin indicated on the Recorded Exemption map where the proposed access for the business is and the
easement to which Mr. Thomas is referring to.
Commissioner Lawley clarified that both parties have a legal right to use that access. He understands that the
access is from County Road 65 for the business. Ms. Martin said that the applicant can still utilize the
easement for agricultural purposes but the one included for the USR will be the access from County Road 65.
The Chair asked the applicant if they wished to make any comments.
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