HomeMy WebLinkAbout20221318.tiffLAND USE APPLICATION
SUMMARY
Planner: Kim Ogle Hearing Date: May 3, 2022
Case Number: USR22-0006
Property Owners: Angela Knopf -Castle and Andrew Castle
Address: 35093 County Road 25, Eaton, Colorado 80615
Request: Site Specific Development Plan and Use by Special Review Permit for Commercial
Recreational Facilities (Indoor Volleyball Sport Court and two (2) outdoor volleyball
sand courts) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District
Legal
Description:
Lot A, Recorded Exemption RE -2223 being part of the E2SE4 Section 1, Township 6
North Range 67 West of the 6th P.M. Weld County, Colorado
Location: North of and adjacent to County Road 72, west of and adjacent to County Road 25
Size of Parcel: ± 6.46 acres Parcel No. 0807-01-0-00-025
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Y Weld County Department of Planning Services — Development Review, referral dated February 25, 2022
Weld County Department of Public Health and Environment, referral dated March 9, 2022
Weld County Department of Planning Services - Building Inspection, referral dated March 23, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y
Y
Y
Weld County Zoning Compliance, referral dated February 25, 2022
Weld County Sherriff's Office, referral dated February 27, 2022
Town of Severance, referral dated March 4, 2022
Town of Windsor, referral dated March 4, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
Windsor -Severance Fire Rescue
North Weld County Water District
Weld County School District RE -4
West Greeley Conservation District
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Case Summary:
The proposed use of the existing 50 x 100 SF metal skinned building is for a one (1) court gym facility
located at the applicant's residence and provides sport court for athletes of all skill levels in the community.
The facility name will be "High 5 Tutoring".
The applicant cites the reason for the facility being "young girls in our community now have so many
pressures, demands and higher rates of depression, anxiety, and insecurities more than ever before partly
thanks to social media. Sports is a tool to help young woman put down their phones, learn hard work,
teamwork, real communication (not texting), athletic skills and develop into great women in our
communities."
Since building the court, the applicant has had numerous requests from 5th/6th grade recreational teams in
Eaton as well as other teams and programs in the area who are requesting to use the space. With approval
of this Use by Special Review permit, area recreational teams will be permitted to utilize the facility.
Most volleyball teams consist of twelve to fifteen (12-15) players and two to three (2-3) coaches. Access to
the building will be available by appointment only and will not be open to the public. There will be a pre-
screening application that requires a confirmation of eligibility to enter the premises for a specific date and
time. All users of the facility will be required to compete this action to use the facility.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
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 Department of Planning Services' staff 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 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles upon
which the United States was founded is the right of citizens to own and utilize property so long as
that use complies with local regulations and does not interfere with or infringe upon the rights of
others."
The request to utilize the residential platted parcel located on non -agriculturally productive land for
a commercial sport court facility, as well as on -going residential use, is in line with this section of
the Comprehensive Plan. The property owner's business will comply with local regulations and
does not appear to interfere with or infringe upon the rights of others.
Section 22-2-30.A.1 states "Land use changes should not inhibit agricultural production nor
operations."
The applicant is using a dry corner of a center pivot that was subdivided by Recorded Exemption
RE -2223 recorded on April 9, 1000 under reception number 2686239. Improvements were
constructed including a single family residence and equipment building in 2000 and a second
equipment building in 2021, the latter date being a 5000 SF building associated with the commercial
recreational facility. The 6.5 acre parcel is outside of the end gun associated with the center pivot
movements and given the odd size and existing improvements limits the use of this land in viable
agricultural production.
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Section 22-2-40.A.6 states "Promote small business ... encourage small business owners."
The applicant has utilized past opportunities and experiences to know the importance of athletics
and sports in young women's and young men's lives. The applicant believes in young women and
wants them to have the same opportunities and life building skills as were available to the applicant.
The applicant is a graduate of CSU, was a 2 -time All-American, member of the 2002 US Olympic
team and played 6years on the AVP (the professional sand volleyball league) after graduating with
a degree in teaching. Giving back to the community, the applicant has developed a very small
home -based business Imentorship program to I-elp young women achieve their dreams and goals.
The applicant is eligible to apply to Weld County's Small Business Incentive Program established
to provide financial assistance to offset permitting fees, thereby reducing upfront capital outlay for
small businesses, and creating opportunities for the business to grow and thrive in the county.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10 states "Agriculture in the County is considered a valuable resource which must be
protected from adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District is established to maintain and promote
agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to
provide areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
This code section in essence supports the proposed USR application, as the proposed operation
is controlled and does not interfere with agricultural activities or other use by right activities. Weld
County Code Section 23-3-40.H allows for commercial recreational facilities (an indoor volleyball
court and two outdoor sand volleyball courts) outside of subdivisions and historic townsites with
approval of a Special Use Permit.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding land uses to the west, north and south are within the corporate municipal boundary
with the Town of Severance and are currently in agricultural production with lands under a center
pivot. Lands to the east are also under a center pivot and area actively being farmed. There is a
rural residential development pattern present in this area with the two (2) residences being to the
southeast approximately 675 feet and 875 feet from the indoor court facility. All other residences
located to the southwest and southeast are at a distance greater than 1600 -feet from the proposed
facility. There are two Special Use Permits in the area and both are to the southeast of the facility:
USR18-0080 for a greater than 12 -inch high pressure natural gas pipeline and 1M USR19-18-0038
for a doggie day care kennel
The proposed use is in an area that can support this development as the facility is within an
enclosed building that appears takes on the vernacular of a metal skinned agricultural building.
Future improvements include two (2) outdoor sand courts.
Development Standards and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region.
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.
USR22-0006, Knopf -Castle
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The site is located within the three (3) mile referral area and within any existing Intergovernmental
Agreement Area (IGA) for the Towns of Windsor and Severance. The Town of Windsor returned
the Notice of Inquiry dated December 13, 2021 stating the subject property is outside of the Town
of Windsor Growth Management Area (GMA) and ineligible for annexation. The Town of
Severance returned the Notice of Inquiry dated February 23, 2022 stating no concerns. The Towns
of Windsor and Severance in their referral comments, dated March 4, 2022 indicated that they have
no concerns.
The Town of Severance Future Land Use map dated 2020 identifies the property as within the
Land Use Transition Zone. Per the 2020 Comprehensive Plan, the property lies between the Rural
Residential Conservation / Agriculture land use area and the suburban perimeter land use areas.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, Municipal separate storm sewer system (MS4) or a Special Flood
Hazard Area.
Building Permits issued on the property will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
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 proposal is located on approximately 5.39 acres and is comprised of three (3) separate soil
classifications, Farmland of Statewide Importance, Prime Farmland if Irrigated (Soils Erodibility)
and Prime Farmland if drained and protected from Flooding or not flooded during the growing
season per the 2020 Natural Resource Conservation Service Soil Survey. Given the current site
improvements, no prime agricultural land is affected by this proposal.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the inhabitants
of the neighborhood and county and will address and mitigate impacts on the surrounding area
with the operation of this facility.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall acknowledge the requirements of the Weld County Department of Planning
Services - Building Inspection, as stated in the referral response dated March 23, 2022. Evidence
of such shall be submitted, in writing, to the Weld County Department of Planning Services.
(Building Inspection)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0006 (Department of Planning Services)
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2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the existing landscaping. (Department of Planning Services)
6. The map shall delineate the onsite lighting. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. County Road 25 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creatingthe existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Development Review)
10. County Road 72 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creatingthe existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
11. Show and label the approved access location, approved access width and the appropriate
turning radii on the site plan. The applicant must obtain a revised access permit in the approved
location prior to construction. (Development Review)
12. Show and label the drainage flow arrows. (Development Review)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) 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 #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
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4. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services)
5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and
the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Angela Knopf -Castle and Andrew Castle
USR22-0006
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0006 for Commercial
Recreational Facilities (Indoor Volleyball Sport Court and two (2) outdoor volleyball sand courts) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, 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 are 8:00 a.m. - 10:00 p.m. Monday — Sunday by pre -scheduled appointment.
(Department of Planning Services)
4. The number of on -site employees shall be up to six (6) coaches associated with the team(s) renting the
facility, as stated in the application materials. (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division of the Weld County Code. (Department of
Planning Services)
7. The existing landscaping on the site shall be maintained. (Department of Planning Services)
8. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
9. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
10. Prior to the release of building permits, the applicant shall be required to submit a complete an
access application for a "preliminarily approved" access location as shown on this map. (Development
Review)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
12. 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. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
13. Fugitive dust shall attempt to be confined on the property. Uses on the property should complywith
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of
the facility, at all times. A permanent, adequate water supply shall be provided fordrinking and sanitary
purposes. (Department of Public Health and Environment)
15. Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
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16. The operation shall comply with all applicable rules and regulations of the State and Federalagencies
and the Weld County Code. (Department of Public Health and Environment)
17. 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 construed as, traffic control devices. (Department of Planning Services)
18. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2018 International Energy Code;
2020 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
19. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
20. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
21. The Use by 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. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
23. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner. (Department of Planning Services)
24. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state. (Department of
Planning Services)
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
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Page 8 of 10
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource. (Department of Planning Services)
25. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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, sandburs, 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. (Department of Planning Services)
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
April 8, 2022
Knopf -Castle Angela
35093 County Road 25
Eaton, CO 80615
Subject: USR22-0006 - Site Specific Development Plan and Use by Special Review Permit for
Commercial Recreational Facilities (Indoor Volleyball Sport Court and two (2) outdoor volleyball sand
courts) outside of subdivisions and historic townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT A REC EXEMPT RE -2223; PART E2SE4 SECTION 1, T6N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 3, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 18, 2022 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respe_fully,
Kim e
Planner
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