HomeMy WebLinkAbout20090740.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-1688
Jose & Patricia Jauregui
Jacqueline Hatch
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (concrete repair/services) in the A (Agricultural) Zone District.
Lot 4, Block 32, 2nd Aristocrat Ranchettes being part of Section 27, T2N, R66W
of the 6th P.M., Weld County, Colorado.
Approximately 1/4 mile east of CR 31 and approximately Y mile south of CR 18.
East of and adjacent to Harold Street and south of and adjacent to Mary
Avenue.
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 22-2-220.G A.Goal 7 1 A.Policy 7.2 Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject site
is in an area that can support such development and should attempt to be compatible with
the region.
The site currently has a single family home on site and two small sheds. A new shed is
proposed to be built (10x12) and will be utilized to store concrete repair materials associated
with this home business.
The surrounding properties are located within Aristocrat Ranchettes and are zoned
Agricultural (A). There are nine other Use by Special Review's located within Aristocrat
Ranchettes including kennels, oil and gas support, and home businesses. The proposed use
would be compatible with the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural
Zone Districts. Section 23-3-40.O of the Weld County Code allows for a Home Business in
the Agricultural (A) Zone Districts.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding properties are located within Aristocrat Ranchettes and are zoned
Agricultural (A). There are nine other Use by Special Review's located within Aristocrat
Ranchettes including kennels, oil and gas support, and home businesses.
The property is located with the three mile referral area for the City of Fort Lupton. The City
of Fort Lupton in their referral dated February 6, 2009 state that they have reviewed the
request and find no conflicts with their interests.
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 o ff cted
municipalities.
2009-0740
Resolution USR-1688
Jose & Patricia Jauregui
Page 2
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Staff believes that the Conditions of Approval and Development Standards will ensure that
the use will be compatible with existing surrounding land uses. Storage of materials will be
kept inside the sheds on site and the proposed use is primarily conducted off site.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
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" land as delineated on the Important
Farmlands of Weld County map, dated 1979. This size of the property (1 acre) is not
conducive to agricultural uses and is located within an existing subdivision.
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. Prior to recording the mylar:
A. The applicant shall submit a dust abatement plan, for on site dust, for review and approval to
the Environmental Health Services, Weld County Department of Public Health and
Environment. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
B. In the event washing of vehicles or equipment will occur on site the applicant shall ensure
that any washing area 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. Any vehicle or equipment washing area should be designated on the plat.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
C. As the applicant intends to utilize the existing septic system at the home, for employee use,
the septic system shall be reviewed by a Colorado Registered Professional Engineer if the
number of people using the system will exceed 10. The review shall consist of observation of
the system and a technical review describing the systems ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed the system shall be brought into compliance
with current Regulations. Evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
Resolution USR-1688
Jose & Patricia Jauregui
Page 3
D. 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 for the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1688. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. Harold Street and Mary Avenue are designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way. There is presently 60 feet of
right-of-way. The applicant shall verify and delineate on the plat the existing and future right-
of-way. (Department of Public Works)
D. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. Upon completion of 1. and 2. 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)
4. 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.
5. 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{tr�,co.weld.co.us. (Department of Planning Services)
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 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
Resolution USR-1688
Jose & Patricia Jauregui
Page 4
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.
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 17`h of March, 2009.
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Juaregui
USR-1688
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1. A Site Specific Development Plan and a Special Review Permit for a Home Business (concrete
repair/services) in the Agricultural (A) 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. The hours of operation for the home business are 7:00am to 6:00pm. (Department of Planning
Services)
4. The home business shall be conducted primarily within the accessory structure and principally carried
on by the family resident therein. (Department of Planning Services)
5. The home business shall be clearly incidental and secondary to the principal permitted use and shall
not change the character thereof. (Department of Planning Services)
6. 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. The facility shall be operated in accordance with the approved "dust abatement plan", at all times.
(Department of Public Health and Environment)
11. Any vehicle or equipment washing area 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)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. (Department of Public Health and Environment)
14. 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)
15. The facility shall utilize the existing public water supply. (Aristocrat Ranchette Water Project, Inc.)
(Department of Public Health and Environment)
16. 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)
Resolution USR-1688
Jose & Patricia Jauregui
Page 6
17. 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)
18. 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)
19. 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)
20. The site shall adhere to the Lighting regulations as outlined in Section 23-2-160.U.6 of the Weld
County Code as amended. (Department of Planning Services)
21. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of Planning
Services)
22. No parking or staging is allowed on County Roads. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.6.13
of the Weld County Code do not need building permits, however, a Certificate of Compliance must be
filed with the Planning Department and an electrical and/or plumbing permit is required for any
electrical service to the building or water for watering or washing of livestock or poultry. (Department
of Building Inspection)
26. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
27. 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)
28. The historical flow patterns and run-off 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)
29. 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.
30. 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-1688
Jose & Patricia Jauregui
Page 7
31. 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.
32. 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
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.
3- 17- avcicj
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 17, 2009
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A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner - Chair
Tom Holton - Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
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Also Present: Michelle Martin, Jacqueline Hatch, Tom Honn, and Kim Ogle, Department of Planning Services;
Dave Snyder and Don Dunker, Department of Public Works; Lauren Light, Department of Health; Bruce
Barker, County Attorney (via phone), and Kris Ranslem, Secretary.
Robert Grand moved to approve the March 3, 2009 Weld County Planning Commission minutes, seconded by
Tom Holton. Motion carried.
The Chair read the first case on the Consent Agenda into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1688
Jose & Patricia Jauregui
Jacqueline Hatch
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (concrete repair/services) in the A (Agricultural) Zone District.
Lot 4, Block 32, 2nd Aristocrat Ranchettes being part of Section 27, T2N, R66W
of the 6th P.M., Weld County, Colorado.
Approximately 1/4 mile east of CR 31 and approximately 1/2 mile south of CR 18.
East of and adjacent to Harold Street and south of and adjacent to Mary
Avenue.
The Chair asked Ms. Hatch if she wishes for this case to remain on the consent agenda. Ms. Hatch replied
that she does wish for this case to remain on consent; however she would like to make one minor change to
the staff comments. Ms. Hatch requested to add a new Condition of Approval 1.D on page 4. The new
condition states "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
for the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators." Ms. Hatch added that the applicant is aware of this change.
Tom Holton moved to add a new Condition of Approval 1.D as provided by staff, seconded by Bill Hall. Motion
carried.
The Chair asked the applicant if they wish to keep this case on the consent agenda. 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 asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. Abraham Jauregui, 7526 Harold St, Ft. Lupton, CO replied
that he is in agreement.
1
The Chair read the next case into record.
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, TIN, 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
2
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: 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 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 not been identified as one that they would use.
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.
Hello