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Case Number:
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Request:
LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder Hearing Date: May 21, 2019
USR19-0021
John Schreckengast (Entrust Group Inc FBO of John Schreckengast ROTH IRA
#7230002642)
1490 County Road 27, Brighton, CO 80601
Steve Testerman
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 (vehicle sales establishment) provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Legal Being a part of the NW4SW4 of Section 29, Township 1N, Range 66 West of the 6th
Description: P.M., Weld County, Colorado
Location: East of and adjacent to County Road 27 (N Main St), approximately 0.4 miles north
of County Road 4
Size of Parcel: +1- 0.55 acre Parcel No. 1211-09-4-00-016
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:
City of Brighton, correspondence dated February 26, 2019
Weld County Zoning Compliance, referral dated March 26, 2019
Weld County Department of Public Health and Environment, referral dated April 15, 2019
Y Weld County Department of Public Works, referral dated April 29, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Colorado Department of Transportation, referral dated April 2, 2019
Y Colorado Division of Water Resources, April 5, 2019
Y Weld County Sheriff's Office, referral dated March 21, 2019
The Department of Planning Services' staff did not receive referral responses from the following agencies:
Y Adams County
Y Brighton Fire Protection District
Y Colorado Parks and Wildlife
Y Eaton Lateral Ditch
Y History Colorado
Y Union Pacific Railroad
USR19-0021, Schreckengast, Page 1 of 10
Planner:
Case Number:
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Angela Snyder Hearing Date: May 21, 2019
USR19-0021
John Schreckengast (Entrust Group Inc FBO of John Schreckengast ROTH IRA
#7230002642)
1490 County Road 27, Brighton, CO 80601
Steve Testerman
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 (vehicle sales establishment) provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Being a part of the NW4SW4 of Section 29, Township 1N, Range 66 West of the 6th
P.M., Weld County, Colorado
East of and adjacent to County Road 27 (N Main St), approximately 0.4 miles north
of County Road 4
Size of Parcel: +1- 0.55 acre Parcel No. 1211-09-4-00-016
Case Summary:
The applicant, John Schreckengast, operates a vehicle sales and repair establishment, predominantly
trailers. The property has historically used a portion of the railroad right-of-way for non -permanent structures
and has been granted a formal lease to use the land for this vehicle sales establishment and for the
placement of an office trailer. The Use by Special Review request covers only the parcel as the portion of
railroad right-of-way included in the lease agreement is not recognized as a parcel by the County. The
hours of operation will be 9:00 a.m. - 6:00 p.m. Monday — Saturday and there will only be two (2) full time
employees.
The property contains a non -conforming structure built in 1924 (NCU19-0001) historically known as "the
Sipres Lounge".
The structure contains restaurant facilities on the first floor and the second floor is a dwelling unit. In
conjunction with this application, the applicant applied for a variance from the required minimum setback of
twenty feet (20') from the west property line required per Section 23-3-50.B of the Weld County Code and
the offset from the east property line required per Section 23-3-50.C of the Weld County Code, as follows:
The principle structure is set back from County Road 27 edge of pavement 4.6 feet and is 3.2 feet offset
from the east property line.
The site is currently in violation (ZCV18-00232) of Chapter 23 of the Weld County Code for not having the
necessary land use permits before operating a commercial business. This case has not been forwarded to
the County Attorney's Office; therefore, an investigation fee was not required at the time of application
submittal. If this application is approved by the Board of County Commissioners, Conditions of Approval
USR19-0021, Schreckengast, Page 2 of 10
are met, and the Use by Special Review map is recorded, it will correct the outstanding violation. If this
application is denied, the case will continue through the County Court process until the commercial use is
removed from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 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.
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.
A. Policy 7.3. Conversion of agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside an Intergovernmental
Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban
Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered but should
not determine the appropriateness of such conversion.
The proposed use is in an area that can support this development, as it is adjacent to the
City of Brighton and surrounded on all sides by industrial uses. The Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region .
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
A vehicle sales establishment is permitted in the A (Agricultural) Zone District under
Section 23-3-40.S with an approved Use by Special Review permit. Proposed industrial
uses are considered compatible in this zone if they are located in close proximity to existing
industrial uses and are adequately buffered from residences. There are no residences in
the vicinity of the site.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The site is surrounded by industrial uses on all sides, some industrially -used properties
have been annexed into the City of Brighton and some are still in the unincorporated area,
zoned 1-3 (Industrial) or A (Agricultural). All surrounding properties not annexed into the
City of Brighton with A (Agricultural) zoning have Use by Special Review permits for
industrial activities.
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 site is located within the three (3) mile referral area of the Cities of Brighton and Fort
USR19-0021, Schreckengast, Page 3 of 10
Lupton. The City of Fort Lupton, in their Notice of Inquiry comment submitted with the
application indicated no concerns. The City of Brighton did not return a referral response.
However, several mails were exchanged in which the City agreed to allow the applicant
to place fencing twenty (20) feet from the edge of pavement.
In conjunction with this application, the applicant applied for a variance from the required
minimum setback of twenty feet (20') from the west property line required per Section 23-
3-50.B of the Weld County Code and the offset from the east property line required per
Section 23-3-50.C of the Weld County Code, as follows:
The property contains a non -conforming structure built in 1924 (NCU19-0001) historically
known as "the Cypress'. The structure is set back from County Road 27 edge of pavement
4.6 feet and is 3.2 feet offset from the east property line. The variance, if approved, will not
affect the non -conforming status of this structure. If this building was ever damaged more
than fifty percent of the value, it would need to be rebuilt to conform to the requirements
set forth in the variance.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not located in a floodplain, geohazard area or overlay district. Building Permits
issued on the lot will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere
to the fee structure of the 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 proposed facility is located on approximately 0.5 acres Prime (Irrigated) per the 1979
Soil Conservation Service Important Farmlands of Weld County Map, however this is in a
highly developed, industrial location and no agricultural land will be taken out of production.
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.
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.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a Landscape and Screening Plan.
B. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0021 (Department of Planning Services)
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)
USR19-0021, Schreckengast, Page 4 of 10
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the lighting. (Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
7. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
8. The map shall delineate twenty (20) feet from the edge of pavement for County Road
27 for the setback requested by the City of Brighton for future development and
placement of fencing. (Department of Planning Services)
9. This portion of County Road N Main Street is under the jurisdiction of the City of
Brighton. Please contact the municipality to verify the right-of-way. Show and label the
right-of-way. Show the approved access(es) on the site plan and label with the
approved access permit number if applicable. Show the existing and future right-of-
way for N Main Street. (Department of Public Works)
10. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
11. Show and label the drainage flow arrows. (Department of Public Works)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the plat 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 the Department of Planning Services. 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 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)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
USR19-0021, Schreckengast, Page 5 of 10
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. The Use by Special Review 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)
USR19-0021, Schreckengast, Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Schreckengast
USR19-0021
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0021, 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 (vehicle sales establishment) provided that the property is not a lot in an approved or recorded
subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
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 9:00 a.m. - 6:00 p.m. Monday — Saturday. (Department of Planning
Services)
4. The number of full-time, on -site employees shall be 2. (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. The site shall be maintained in accordance with the approved Landscape and Screening Plan.
(Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
9. 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. (Department of Public Health and Environment)
10. 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)
11. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
12. Any septic 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)
13. Adequate drinking, hand -washing and toilet facilities shall be provided for employees, at all times. A
permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
14. In the event the facility's water system serves more 25 persons on a daily basis the water system shall
comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and Environment strongly encourages well
users to test their drinking water prior to consumption and periodically thereafter. (Department of Public
Health and Environment)
USR19-0021, Schreckengast, Page 7 of 10
15. For 10 or less customers or visitors per day and 2 or less full-time employees, portable toilets and
bottled water are acceptable for the office. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld County Department
of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld
County, shall contain hand sanitizers, and be screened from public view. (Department of Public Health
and Environment)
16. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
17. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
19. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
21. 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)
22. 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. (Department of Public Works)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
25. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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.
USR19-0021, Schreckengast, Page 8 of 10
28. 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.
29. 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.
30. 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.
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
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
31. 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
USR19-0021, Schreckengast, Page 9 of 10
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.
USR19-0021, Schreckengast, Page 10 of 10
May 02, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
TESTERMAN STEVE
36839 MARLIN CT
ELIZABETH, CO 80107
Subject: USR19-0021 - 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 (vehicle sales establishment) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4SW4 SECTION 29, T1 N, R66W WEST OF RR RIGHT-OF-WAY of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 21, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 12, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
March 25, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
TESTERMAN STEVE
36839 MARLIN CT
ELIZABETH, CO 80107
Subject: USR19-0021 - 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 (vehicle sales establishment) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4SW4 SECTION 29, T1 N, R66W WEST OF RAILROAD RIGHT-OF-WAY of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Brighton at Phone Number 303-655-2000
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 04/25/2019
Planner:
Case Number:
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Angela Snyder Hearing Date: May 21, 2019
USR19-0021
John Schreckengast (Entrust Group Inc FBO of John Schreckengast ROTH IRA
#7230002642)
1490 County Road 27, Brighton, CO 80601
Steve Testerman
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 (vehicle sales establishment) provided that
the property is not a lot in an approved or recorded subdivision plat or lots part of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Being a part of the NW4SW4 of Section 29, Township 1N, Range 66 West of the 6'h
P.M., Weld County, Colorado
East of and adjacent to County Road 27 (N Main St, US 85 Bus), approximately 0.4
miles north of County Road 4
+1- 0.55 acre
Parcel No. 1211-09-4-00-016
Zoning
Land Use
N
A (Agricultural), City of Brighton
N
INDUSTRIAL
E
City of Brighton
E
INDUSTRIAL, RAILROAD
S
1-3 (Industrial), City of Brighton
S
INDUSTRIAL, HIGHWAY, RAILROAD
W
A (Agricultural), 1-3 (Industrial),
City of Brighton
w
INDUSTRIAL
COMMENTS:
This site an extremely small piece of land surrounded entirely by industrial sites. There are no
residences in the near vicinity. There were several campers, trailers and vehicles onsite. It was
unclear if the nonconforming structure was still in use.
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Angela'Snyder, Plannth
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