HomeMy WebLinkAbout20090722.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: 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.
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.
22-2-20.A.Goal 7 County land use regulations should protect the individual property owner's
right to request a land use change.
22-2-20 A.Policy 7.1. County land use regulations should support commercial and industrial
uses that are directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated,
and where adequate services are currently available or reasonably obtainable.
The proposed use is directly related to the agricultural industry and supports the applicant's
6,000 acre family farming operation. The business is located 1,200 feet from the County
Road and is approximately 1,400 feet from the nearest residence. The applicant has planted
trees to screen the outdoor parking areas from the surrounding properties and surrounding
property owners. Therefore, the impacts on the surrounding area have been minimized.
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.R of the Weld County Code allows for A Site Specific
Development Plan and 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. Currently the property is in
violation (ZCV08-00125) for the presence of a custom seeding 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 violation case shall be forwarded to the County Attorney's office but
delay legal action for 30 days in order to give the applicant time to ensure that the custom
seeding operation 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 zoned Agricultural (A) and
are primarily utilized for single family homes and agricultural uses. Therefore, given the
minimal impact of the proposed use, (custom seeding business), the use will be compatible
with the surrounding agricultural land uses.
2009-0722
Resolution USR-1686
Turnpike Limited Liability Company
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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 Town of Keenesburg. The Town of Keenesburg in their
referral dated 12/17/08 stated that they have reviewed the request and find no conflicts with
their interest. The surrounding area is agricultural in nature with several residences 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 "Prime Irrigated Farmlands of National Importance"
as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the
USR boundary (49.8 acres) is currently developed and therefore, is not conducive to
agricultural uses. The applicant is currently farming the remaining 103.76 acres.
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-1686. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. County Road 65 is 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-1686
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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. A 60 foot radius for the access off of County Road 65. (Department of Public
Works)
F. The applicant shall delineate stop blocks for the parking stalls in front of the office.
(Department of Public Works)
G. The width of the access road shall be delineated on the plat along with the
dimensions of the proposed pole barn. (Department of Public Works)
H. State Highway 52 requires 150 feet right-of-way at full build out. A total of 75 feet
from the centerline of State Highway 52 shall be delineated future right-of-way for the
future expansion of State Highway 52. The plat shall delineate the existing right-of-
way and the documents which created it along with any additional future right-of-way
required. (Colorado Department of Transportation)
The plat shall delineate in the legend the type and size of trees used for screening.
(Department of Planning Services)
J. The applicant shall define the property boundary for the site. (Department of
Planning Services)
K. 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)
L. The applicant shall place truck and trailer parking signs on the light poles in the yard
and employee parking signs for the area west of the office. (Department of Public
Works)
M. The applicant shall include on the plat the existing bridge located about 80 feet from
the access and the existing irrigation ditch on the property adjacent to County Road
65. (Department of Public Works)
2. The applicant shall address the requirements (concerns) of Weld County Department of Public
Works, as stated in the referral response dated 1/12/09 and email dated 2/24/09. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Weld County
Department of Public Works)
3. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of
the easement for the commercial well including access and operation maintenance of the well. This
agreement shall be delineated on the plat and an appropriate certificate using the language set forth
in the Weld County Code, Appendix 24-F.E shall be included. (Department of Planning Services)
4. A copy of the pesticide applicators license, from the Colorado Department of Agriculture, shall be
provided to Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of the Weld County Department of Public Health and Environment
approval shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
5. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the
Water Quality Control Division of the Colorado Department of Health and Environment for any
proposed discharge into State Waterways, if applicable. Evidence of the Weld County
Resolution USR-1686
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Department of Public Health and Environment approval shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Health and Environment)
6. 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)
7. The applicant shall submit a Private Improvements Agreement according to policy. The applicant shall
submit to the Department of Planning Services itemized bids for all improvements. The agreement
and form of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit
evidence that all the work has been completed and approved by County Staff (Department of
Planning Services)
8. Upon completion of 1 through 7 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)
9. 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)
10. 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)
11. 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 Robert Grand.
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-1686
Turnpike Limited Liability Company
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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 17th of March, 2009.
Kristine Ranslem
Secretary
• 1. A Site Specific Development Plan and 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 and subject to the Development
Standards stated hereon. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Turnpike Limited Liability Company
USR-1686
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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. (Department of
Public Health and Environment)
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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
10. 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)
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (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. All pesticides, fertilizer, and other 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)
• 14. Any vehicle 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)
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Resolution USR-1686
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15. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
17. This application is proposing a well as its source of water. The applicant should be made aware
that while they may be able to obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e.
domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet
all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
18. 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)
19. 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)
20. 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)
21. 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)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
24. A building permit shall be obtained prior to the change of use, or construction of any new
structures. (Department of Building Inspection)
25. 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)
26. 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)
27. All building plans shall be submitted to Southeast Weld Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Building Inspection)
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Resolution USR-1686
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28. 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)
29. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
30. Hours of operation shall be from 7:00am to 7:00pm Monday through Saturday. (Department of
Planning Services)
31. The site shall be limited to no more than forty one (41) employees on site. (Department of
Planning Services)
32. 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)
33. 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.
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. Prior to the Use by Special Review (USR) area being leased, transferred, or sold the applicant
shall apply in writing and receive written approval in the appropriate county land division process
(recorded exemption, subdivision, planned unit development, or subdivision exemption).
37. The access to the business shall be located off of County Road 65 only. (Department of Public
Works)
38. 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
Resolution USR-1686
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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-,2ecg
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 i
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, 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.
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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.
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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Cory Huwa, Turnpike LLC, 43031 Hwy 52, Roggen, CO. Mr. Huwa clarified on a visual slide where the access
for the USR is from as well as the easement that Mr. Thomas was referring to. He assured the
Commissioners and Mr. Thomas that the easement is only used for agricultural purposes only. He indicated
that they still farm the remaining acres of the site. Mr. Huwa added that he understands the traffic concerns
as stated by Mr. Thomas and has tried to limit his employees from utilizing that easement.
Mr. Huwa commented that he is confident that they can work through this and handle this by simply using that
easement through discretion.
With regard to the size of the USR, Mr. Huwa stated that it is their intent to keep good agricultural ground in
agricultural production, which is why they only applied for the 50 acres for their business.
Mr. Huwa concluded that they want to be good neighbors. He added that he does not intend to use the
easement for truck traffic as it is not a good access for that type of equipment.
Commissioner Holton asked if a development standard can be added to clarify the use of the easement. Ms.
Martin replied that a development standard can be added.
The chair asked for any further public comment on this case.
Mr. Thomas commented that with the added change he is in full agreement with it and supports USR-1686.
He expressed that he appreciated the time and respect given to his concerns.
Lauren Light, Environmental Health, commented that the applicants have done a great job of addressing the
Department's conditions prior to this point; therefore staff would like to delete conditions of approval 4 and 5 as
they have been completed.
Ms. Martin suggested adding a development standard to read "The access to the business shall be located off
of County Road 65 only."
Tom Holton moved to delete Conditions of Approval 4 and 5 and add a new Development Standard #37 as
suggested by staff, seconded by Mark Lawley. Motion carried.
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. The applicant replied that they are in agreement.
Roy Spitzer moved that Case USR-1686 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 Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
yes; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
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.
Commissioner Ochsner commented that at the next Planning Commission meeting on April 7, 2009 there will
be an appraisal specialist who will give a presentation and asked the commissioners if they wish to meet at
11:00 a.m. or 12:00 noon. The Commissioners felt that 12:00 noon time would be appropriate.
Mr. Ochsner commented that Mr. Holton has expressed a desire to serve on the Rural Taskforce for Weld
County. Commissioner Grand nominated Mr. Holton to serve on the Rural Taskforce as a representative from
the Planning Commission. Commissioner Hall seconded the nomination.
Tom Honn, Planning Director, wished to refer to the discussion from the last meeting on regulating water
transmission lines. He commented that he would like to get what the Commissioner's intent is so that it gives
staff a little more direction on how to proceed. He added that there were some conversations a few years back
about issues associated with water and water regulation and because of Mr. Barker's involvement in it, Mr.
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Honn asked him speak to that.
Mr. Barker recalled that four years ago the issue of what is known as 1041 regulations were discussed. These
are in place right now for two areas: 1) electrical transmission lines and generation facilities, substations, and
2) toll roads. These areas are currently considered as being areas of state interest that we regulate. About 4
years ago there was a proposal that we regulate the placement of water pipelines under 1041. The intent was
to make it so that it was harder to take water out of Weld County. The only method by which we could
regulate that activity is to regulate the pipeline that would take the water out of Weld County. However there
was a realization of going through the hearing process that in fact it was not something that they wanted to
regulate. There was a strict desire to not interfere with private property rights that were inherent in water
transfer. As a result the action was not to approve any regulation on any water pipeline.
Mr. Barker added that we have never looked into regulating the placement of water pipeline that are a trunk
line or a distribution line. He added that there are concerns with regard to safety of the electrical transmission
lines as well as for oil and gas pipelines.
Mr. Barker said that there are a couple of options to regulate water lines: 1) USR through a Major Facility of a
Public Utility, or 2) 1041 process.
Mr. Holton commented that he would like to have some oversight over the water lines so that there is some
public input from the private property owners. Mr. Lawley asked what the purpose is if there is a
condemnation process. Mr. Holton expressed that he wants to have something that the company will come in
with good faith and bargain with the property owner.
Mr. Barker said that in the condemnation process the company has to prove that they dealt fairly with the
property owner. He pointed out that in a condemnation case there is a jury of peers which is chosen by the
court and are typically real estate officials who know the property values of the area.
Mr. Lawley commented that he understands Mr. Holton's point and agrees with him but added that ultimately
they are going to choose a path and if the property owner doesn't like it then it will be condemned.
Mr. Holton commented that he understands these points but still feels that we need some kind of oversight. It
gives the companies a level of review that they know that they will be scrutinized and there will be public
comment. Mr. Spitzer commented that it would be better to design utility corridors.
After a lengthy discussion staff was directed to explore ways of implementing the regulation of water pipelines.
On another note, staff commented that in order to reduce costs in postage and paper they are looking at
providing packet information through electronic mail, disc, or to view information on the website. Staff
comments or other information would be provided for reference in hard copy form at the meeting. Staff asked
the Planning Commissioners to reply with their preference.
Staff identified that they have not received field checks back from the Planning Commissioners and asked if
they would try to turn those in.
Meeting adjourned at 3:04 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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