HomeMy WebLinkAbout20102464.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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-1742
APPLICANT: Yia&Ying Lo
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 Use by Special Review in
the Commercial or Industrial Zone Districts (flea market and sports fields) in
the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B AmRE-4665 being part of the SE4 of Section 24,Ti N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately Yz mile south of CR 8 and west of and adjacent to CR 13.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.1 states: "Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses."
• 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 Planning Commission recommendation for approval is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1742. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. The sign shall be relocated to meet the 20 foot setback from County Road 13.
(Department of Planning Services)
E. The sign detail shall include the exact size of the sign and its height from the natural
grade of the ground. (Department of Planning Services)
F. Parking areas and the access drive shall be surfaced with gravel, recycled asphalt or
the equivalent and shall be graded to prevent drainage problems. (Department of
Public Works)
G. The applicant shall verify with the City of Dacono the existing right-of-way and the
documents creating the right-of-way for County Road 13. (Department of Planning
• Services)
H. The applicant shall delineate any onsite lighting on the plat. The lighting shall be
down cast and shielded. (Department of Planning Services)
2010-2464
Resolution USR-1742
Yia&Ying Lo
Page 2
• I. The area for the water quality feature shall be called out as "Reserved Drainage
Area, No Build" on the USR plat. (Department of Public Works)
J. Please place on the plat the following statement:"Weld County is not responsible for
the maintenance of drainage related features." (Department of Public Works)
K. Location of portable toilets and hand washing facilities. (Department of Planning
Services)
2. The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation (access drive, parking
areas, et cetera)and non-transportation(fencing,screening,drainage et cetera). The agreement and
form of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work
has been completed and reviewed by the Department of Planning Services and the Department of
Public Work. (Department of Planning Services)
3. 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. The plat shall be amended to include any possible future drilling sites and/or
setbacks. (Department of Planning Services)
4. The applicant shall submit to the Weld County Department of Planning Services a screening plan for
review and approval. The screening plan shall screen all outdoor activities and parking areas from
adjacent rights of way and surrounding properties. (Department of Planning Services)
• 5. Upon completion of 1 - 4 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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)
6. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
be recorded within the required sixty (60) 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)
7. 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 Arcinfo 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 mapsta'�co.weld.co.us. (Department of Planning Services)
8. 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)
•
Resolution USR-1742
Yia &Ying Lo
Page 3
• Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 October 5, 2010.
• Dated the 5th of October, 2010.
Ra. warn,
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Yia and Ying Lo
USR-1742
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, (flea
market and sports fields) in the A (Agricultural) Zone District and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation for will be limited to Saturday's and Sunday's from 8:00 am—8:00 pm April 15
—October 15. (Department of Planning Services)
4. Five hundred (500) is the maximum number of people on-site per day; this includes vendors,
employees and patrons. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
• fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
9. 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". (Department of Public Health and
Environment)
10. There shall be no open burning conducted on the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control
Commission Regulations. (Department of Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees, vendors and
patrons of the facility, at all times.
13. Hand sanitizer shall be provided at booths that are selling live poultry as well as signage indicating
hands should be washed with soap and water. (Department of Public Health and Environment)
14. A minimum of six portable toilets are required for any event that occurs over a 6 hour time frame.
Eight portable toilets will be required for any event that exceeds a 6 hour time period. At least one
unit should be handicap accessible. A minimum of two portable hand washing stations shall be
• provided. The Stanford Event and Labor Services portable toilet chart shall be adhered to as a
minimum guideline. Records of maintenance and proper disposal shall be retained on a seasonal
basis. (Department of Public Health and Environment)
Resolution USR-1742
Yia &Ying Lo
Page 5
• 15. 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)
16. 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)
17. If applicable, the applicant shall comply with the Colorado Department of Agriculture(CDA), Division
of Animal Industry. (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 or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
• 23. 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)
24. The Screening on site shall be maintained in accordance with the approved Screening Plan on the
plat. (Department of Planning Services)
25. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
26. The applicant shall operate in accordance with the approved "Traffic Study" which limits the site to
400 trips per day(200 vehicles per day). (Department of Public Works)
27. Personnel from 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.
28. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13
of the Weld County Code do not require building permits, however, a Certificate of Compliance must
be filed with the Planning Department and an electrical and/or plumbing permit is required for any
electrical service to the building or water for watering or washing of livestock or poultry. (Department
of Building Inspection)
•
Resolution USR-1742
Yia &Ying Lo
Page 6
• 29. 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 Residential Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas Code; 2006 International Energy Code;2003 ICC ANSI
117.1 Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
30. All building plans shall be submitted to Mountain View Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
31. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
32. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
33. 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.
34. 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.
35. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
• operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Resolution USR-1742
Yia&Ying Lo
Page 7
• 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.
•
fp -5-a2olo
interests. This site is zoned PUD with Commercial (C-1 through C-3) uses as well as Industrial (I-1 and I-
2) uses.
• Don Carroll, Public Works, commented that the access is from Specialty Place and is a paved private
access road, not maintained by Weld County. This site is part of the old 1-25 MUD, which is referred to
now as the RUA. Anything built within the RUA is required to comply with all design standards (curb,
gutter, sidewalk). Staff is working with the applicant on finalizing the stormwater drainage on site. Mr.
Carroll stated that the applicants have contacted the Weld County Weed Division and added that there is
a weed plan for the open space until development occurs.
Lauren Light, Environmental Health, stated that Central Weld County Water District will serve the
subdivision and St. Vrain Sanitation will provide sewer service. Staff has no concerns with this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
Bill Hall moved that Case AmPF-336 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.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,absent;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, absent. Motion carried unanimously.
The Chair read the following case into record.
• CASE NUMBER: USR-1742
APPLICANT: Yia&Ying Lo
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 Use by Special Review in
the Commercial or Industrial Zone Districts (flea market and sports fields) in
the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B AmRE-4665 being part of the SE4 of Section 24,Ti N, R68W of the 6th
P.M.,Weld County, Colorado.
LOCATION: Approximately 1/2 mile south of CR 8 and west of and adjacent to CR 13.
Michelle Martin, Planning Services, stated that this case was originally brought before the Planning
Commission on August 3, 2010 and was continued indefinitely in order to address some of the concerns
and requirements of the referral agencies and surrounding property owners.
A traffic study was conducted for the proposed development,which was reviewed by the City of Dacono. The
City of Dacono indicated in an email dated September 1, 2010 that their concerns are adequately addressed
by the traffic letter and the City will not be requiring any off-site improvements to County Road 13.
Primarily, the surrounding property to the north, south, east, and west are agricultural with residences in close
proximity. Seven property owners were notified of the proposed development based on the applicant's
certificate list of surrounding property owners within 500 feet. More than 50% of the property owners sent
letters in opposition of the proposed flea market and sport fields. Some of their concerns are as follows:
decreased property values, increase of traffic, trash blowing onto neighbors property, lack of sanitation, no
medical assistance, lack of monitoring of hours of operation and number of people to the facility, lack of
screening/landscaping, and the lack of enjoyment of their own property.
• The applicant hosted a neighborhood meeting on August 14, 2010 where six(6)neighbors attended. Many of
the neighbors indicated they would prefer to see the applicant relocate the facility further west towards the
motocross track. The neighbors continued to voice their concerns regarding the traffic, noise, and trash.
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The applicants have indicated they do not want to relocate the facility further west on the property because
• they will lose visibility along County Road 13 (Colorado Boulevard). The applicant also stated that they will
have trash cans around the site to handle the waste. The applicants also indicted they will only be in operation
six (6) months out of the year and only on weekends, as opposed to the motocross track to the north of the
property which is open year-round. The applicant has also not proposed to install any landscaping/screening
for the proposed facility.
The proposed flea market will operate on the weekends from 8 am —8 pm, April to October. During these
hours of operation many of the surrounding property owners will be at home. According to the letters from the
surrounding property owners and the comments from the neighborhood meeting the proposed flea market and
sport fields will negatively impact their quality of life.
The Department of Planning Services is recommending denial of the application.
Heidi Hansen, Public Works, stated that the access is from County Road 13 under the jurisdiction of the
City of Dacono. Dacono had asked for a traffic study before they would approve an access for this use.
The applicant has provided a traffic study and the City of Dacono has approved this access. Ms. Hansen
said that Weld County is allowed to perform a traffic count on the applicant's driveway to ensure that they
are operating under that traffic study.
Ms. Hansen suggested removing Development Standard 25 as it is a duplicate of Development Standard
33.
Robert Grand moved to delete Development Standard 25, seconded by Jason Maxey. Motion carried.
Lauren Light, Environmental Health, commented that the request is for 6 months; therefore staff will
support bottled water and portable toilets. Environmental Health is requesting that the records and
maintenance of the portable units are kept and retained on a seasonal basis. The applicants have
• submitted Waste Handling and Dust Abatement Plans. The driveway, parking lot and market area will be
paved with recycled asphalt. Any areas not paved will be covered with woodchips and if dust becomes an
issue then they will water the area down.
Ms. Light said that since the applicant's have stated that they intend to have live poultry vendor booths on
site staff has provided the applicant with signs stating that handwashing is required. In addition, the
Department of Agriculture may also have requirements regarding the live poultry on site.
Mao Lee, interpreter for Yia Lo, 1412 Cyprus Circle, Lafayette, Colorado. Yia Lo said that they propose to
operate the flea market and soccer fields during the weekends over the summer time. He added that this
is a way to share their culture to the community. There will be fruit and vegetable, clothing, music and
poultry vendors.
Commissioner Berryman asked the applicant if he plans to build the flea market and soccer fields all at
once or if it will be phased in. Mr. Lo said that they will probably build in phases depending on feasibility.
Commissioner Grand referred to the neighborhood meeting and said that in the testimony given by the
neighbors they suggested moving the activities to the northwest of the property. He asked the applicant if
he would consider moving the site further west on the property. Mr. Lo said that he does not want to move
because it is too noisy and dusty from the motocross track adjacent to the site. He said that they want to
stay close to the street so that his business does better. In addition it would cost more for the road to be
built into the site. He expressed that he wants to be a good neighbor to the community. After further
discussion, Mr. Lo said that if he needs to move the activities to the west for the Planning Commission to
approve this case then he will move it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• Duane Linkus, 2600 CR 13, stated that he lives directly across the road. He owns the motor sports track and
added that he purchased the land in 1989. He expressed concern on adding another access to County Road
3
13, which has several other accesses in the close vicinity. He indicated that the Traffic Study submitted was
taken during the week and not on the weekends. He mentioned that all the neighbors at the meeting were
• opposed to this proposal. He added that the flea market will lower property values in the area.
Lee Ogden, 2230 CR 13, stated that the traffic study was taken across from his house on Tuesday,
Wednesday and Thursday; it was not there over a weekend. He is opposed to this proposal as he is
concerned about the traffic. He indicated that there is a blind hill prior to his access and foresees possible
accidents there. He is opposed to the flea market and the selling of the poultry, goats and small livestock.
Trevor Jacob, 2700 CR 13, stated that he purchased his home 5 years ago and added that if he knew that
there would be a possible flea market in the area he would not have purchased his home. He is concerned
that the property values will decrease. He stated that he is also concerned about the increase in traffic as well
as the trash from the site.
Mr. Lo said that it will be a small soccer field, like the size of a volleyball field. He stated that they will not sell
goats; however they will sell pigeon, ducks, and chicken. He reiterated that he wants to be friendly with his
neighbors and pleaded for a chance and opportunity to do what he wants with his property. He indicated that
in the future he may try to put in some trees.
Commissioner Lawley asked about the butchering of animals on the site. Mr. Lo said that he will not do any
butchering on site. He will respect the law here and comply with no sacrificing of animals.
Commissioner Grand said that he was surprised with the magnitude of the houses in the area and asked the
applicant if he would consider a landscaping plan to alleviate some of the concerns of the neighbors. Mr. Lo
said that he will put a 10 foot berm along County Road 13 and in addition may put rock or wood chips as well.
On the south side he will put a 5 foot berm to make the site look nice. Mr. Grand said that by putting this 10
foot berm along County Road 13 shouldn't affect him moving west as the berm will affect his visibility. Ms.
Martin indicated that she has not seen the plans for the berm that Mr. Lo is speaking of.
The Chair asked the applicant if he has read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Commissioner Spitzer asked how much of the property is for the soccer fields. Ms. Martin said that the entire
site is 20 acres in size; however the USR encumbers approximately 5 acres of the site. The remainder
property would be cropland or however Mr. Lo wishes to use it.
Mr. Spitzer said that he is struggling with this case as he is having trouble with finding compatibility issues. He
asked how this case differs from agri-tainment. Ms. Martin said that staff's logic behind the reasoning for
denial is after the neighborhood meeting it was a consistent theme of moving the location of the facility,
working on screening or buffering this site from their views and none of that was supplied to staff on how they
would mitigate these issues. Mr. Spitzer said that he understands the neighborhood complaints but he would
frankly find motor sports more obnoxious than a flea market. He struggles with the logic according to the
code.
Commissioner Grand agreed with Mr. Spitzer and added that the applicant needs to come into compliance
with staff; however he is struggling with the denial as well.
Commissioner Ehrlich said that he is hung up on the traffic and he would deny it because of the intensity of the
traffic on County Road 13. He is also concerned with the medical responses with that many people (fire,
ambulance, etc).
Commissioner Hall said that he does not see this as an agri-tainment but rather a retail sales outlet. He sees
a conflict with retail sales and traffic in this area.
Commissioner Maxey referred to the City of Dacono's referral and added that if this area is annexed to
Dacono, it is planned to be an industrial area.
•
Commissioner Spitzer said that he doesn't see it as a retail sales area but rather as a cultural gathering place
4
for Hmong people.
• Commissioner Lawley is concerned that the traffic study was done during the week. Ms. Hansen stated that
according to the traffic study it was performed on Friday, Saturday and Sunday.
Janet Carter, Public Works, said that she reviewed the traffic study. It was taken on the weekend so it was
taken during the peak time and is comparable. However, the amounts of traffic that they proposed was
significantly lower than the traffic that Weld County has gathered on that segment of roadway. She mentioned
to keep in mind that based on the traffic volumes that they were recommending they would be warranted for
the turning lanes; however if you have a certain volume of traffic in a forecasted period of time and it doesn't
reach a certain number then you don't actually have to have the turn lanes. Normally, in our general practice
when she reviews them she doesn't take that into account because a forecast is very variable and can have
many different components to it. In her opinion, she would have required the turn lanes; however this is under
Dacono jurisdiction and Weld County can make recommendations but it is ultimately their decision to not
require the turn lanes. Ms. Carter stated that their traffic count was in the hundreds where Weld County traffic
count is approximately 1,900 vehicles.
Erich Ehrlich moved that Case USR-1742 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, no with comment; Erich Ehrlich, yes; Robert Grand, no with comment; Bill Hall,yes with comment;
Alexander Zauder,absent;Jason Maxey, no; Roy Spitzer, no; Mark Lawley, yes; Tom Holton,absent. Motion
failed.
Commission Berryman commented that he doesn't believe it is necessarily incompatible and added that
most of the issues can be taken care of through the Weld County Code.
• Commissioner Hall commented that this is the second time it's been presented and the plans are still not
complete. He added that there has been plenty of opportunity to work through the details and it has not
been done.
Commissioner Grand commented that this is a mixed area but the individual property owner has a right to
use his property in a way that contributes to the community. He feels some of the issues have been
addressed.
Commissioner Lawley commented that he believes there is a public safety issue related to traffic that has
not been addressed.
Robert Grand moved Case USR-1742 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 Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes with comment; Erich Ehrlich, no; Robert Grand,yes comment; Bill Hall, no;Alexander Zauder,
absent; Jason Maxey, yes with comment; Roy Spitzer, yes with comment; Mark Lawley, no; Tom Holton,
absent. Motion carried.
Commissioner Berryman commented that he is in favor of looking for some traffic triggers for some
turning lanes if warranted. In addition, he would like to see some landscape/screening plans.
Commissioner Maxey echoed Mr. Berryman's comment regarding screening and encouraged the
applicant to make sure that these issues, including traffic, is worked out with staff prior to the Board of
County Commissioners hearing.
• Commissioner Grand reiterated the property right aspect of this case.
Commissioner Spitzer reiterated Mr. Maxey's comments and added that the traffic issue should be worked
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out prior to the Board of County Commissioner hearing. He asked staff to make note to the City of
Dacono that we feel the traffic study is suspect.
• Commissioner Lawley reiterated his concerns with public safety relating to traffic.
The Chair called a recess at 3:06 pm and reconvened the meeting at 3:16 pm.
Erich Ehrlich left the meeting.
The Chair read the following case into record.
CASE NUMBER; USR-1751
APPLICANT: William Askew, do Jane Stamp
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund
and Bernese Mountain Dogs) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part SW4 of Section 33, T5N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 50; west of and adjacent to CR 17.
Kim Ogle, Planning Services, commented that this is an existing kennel that has an active violation for the
presence of too many household pets.
The facility is within the three mile referral area for the Towns of Johnstown, Milliken and the City of Greeley.
The Town of Milliken returned a referral indicating no conflicts with their interests. The City of Greeley and the
Town of Johnstown did not return a referral. Surrounding properties are predominantly agricultural in
character with two residences in close proximity.
Thirteen referral agencies reviewed the case; five referral agencies offered comment, some with specific
conditions. There have been no letters or telephone calls received requesting information on the application
• from interested parties or surrounding property owners.
Mr. Ogle suggested removing Condition of Approval 1.F as the applicant has provided evidence from Little
Thompson Water District. In addition, he recommended adding a new Development Standard(Development
Standard#34) to include the Right to Farm Statement.
Heidi Hansen, Public works, commented that County Roads 50 and 17 are classified as arterial roadways and
require 140 feet of right-of-way;currently there is 60 feet of right-of-way. The traffic count on County Road 17
in August 2009 showed 4,025 vehicles per day. County Road 50 showed over 1,500 vehicles per day. There
were two dangerous accesses at this site. Staff requested that those accesses be closed and they have
complied with that. The applicants will utilize the existing residential access onto County Road 50 which is
further from the intersection.
Lauren Light, Environmental Health, stated that water is provided by Little Thompson Water District and there
is an existing septic system which is sized for six(6) people. If the system is used for the kennel operation or
if it exceeds six people per day then an engineered evaluation is required. Ms. Light said that she would like
the applicant to add to the Dust Abatement Plan that if dust becomes a problem it will be watered.
Ms. Light said that since the applicant has removed the repair shop from the request, Development Standard
17 may be deleted.
Robert Grand moved to delete Condition of Approval 1.F, Development Standard 17 and add a new
Development Standard 34 to include the Right to Farm Statement, seconded by Bill Hall. Motion carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
• The Chair asked the applicant if they have 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.
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• The Chair read the next case into record.
CASE NUMBER: USR-1742
APPLICANT: Yia&Ying Lo
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 Use by Special Review in
the Commercial or Industrial Zone Districts (flea market and sports fields) in
the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B AmRE-4665 being part of the SE4 of Section 24,T1 N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately 1/2 mile south of CR 8 and west of and adjacent to CR 13.
Michelle Martin, Planning Services,commented that a sign announcing the Planning Commission hearing was
posted July 16, 2010 by planning staff.
Planning Staff has determined that the proposed use is not consistent with Chapter 22 of the Weld County
Code. Section 22-2-20.1 states: "Reduce potential conflicts between varying land uses in the conversion of
traditional agricultural lands to other land uses."
Primarily the surrounding property to the north, south, east,and west are agricultural with residences in close
proximity. Seven property owners were notified of the proposed development based on the applicant's
certificated list of surrounding property owners within 500 feet. More than 50% of the property owners sent
letters in opposition of the proposed flea market and sport fields. Some of their concerns are as follows:
decreased property values, increase of traffic, trash blowing onto neighbors property, lack of sanitation, no
medical assistance, lack of monitoring of hours of operation and number of people to the facility, lack of
screening/landscaping, and the lack of enjoyment of their own property.
• The applicant was given copies of the letters from the surrounding property owners. The applicant chose not
to address their concerns and not to conduct a neighborhood meeting as recommended by staff.
The proposed flea market will operate on the weekends from 8 am to 8 pm, April to October. During these
hours of operation many of the surrounding property owners will be at home. According to the letters from the
surrounding property owners the proposed flea market and sport fields will negatively impact their quality of
life.
Section 22-2-20.H.3 (A.Policy 8.3.) states, "The land use applicants should demonstrate that the roadway
facilities associated with the proposed development are adequate in width, classification and structural
capacity to serve the proposed land use change."
The City of Dacono has annexed County Road 13 adjacent to the property in question. The City of Dacono, in
their referral dated May 24, 2010 and email dated June 4, 2010, has indicated that in order to determine the
necessary impacts to the development a traffic study is required. At this time the applicants have stated to
staff that they do not wish to invest in a traffic study.
Several referral agencies reviewed this case; no comments were received from:
•
Weld County Sheriff's Office
•
West Adams Soil Conservation District
•
City of Northglenn
•
Broomfield County
•
Weld County School District RE-8
•
Mountain View Fire Protection District
• The Department of Planning Services is recommending denial of this case.
Commissioner Holton asked if Ms. Martin knew what the City of Dacono has planned in their Comprehensive
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• Plan for this area. Ms. Martin replied that she does not know what their Comprehensive Plan states;however
she indicated that the City of Dacono was not interested in annexing the proposed site because a flea market
is not conducive.
Lauren Light, Environmental Health, commented the requested use is for six(6)months;therefore the policy
will allow for portable toilets and handwashing stations.
Ms. Light said that the application states that the driveway, parking lot and where the market area is going to
be is paved so there will not be dust in those areas. However, staff is requesting a Dust Abatement Plan for
the sports fields. A Waste Handling Plan is also required. This should include the number of trash cans on
site and the location of those as well as who is going to pick up the trash and how often.
Noise is restricted to the commercial level. The commercial level is the same as the residential level so it is up
to the applicant to determine how he is going to get the noise to meet that decibel level. It is measured from
property lines.
The applicant also stated that some poultry will be on site in which some vendors may be selling.
Development Standard 13 requires hand sanitizer stations and signs that state hands should be washed at all
times. She added that hand sanitizer stations are required at those facilities due to manila concerns. In
addition, Ms. Light contacted the Colorado Department of Agriculture for any regulations they may require.
Development Standard 17 states that it is up to the applicant to contact the Department of Agriculture to
inquire what concerns they may have. The food inspectors of the Environmental Health Department also
talked to the applicants several times about what is required of food vendors at this facility. The vendors have
to be licensed mobile units.
Commissioner Berryman asked if there are any submitted plans or schematic drawings of what is intended to
be there. Ms. Light replied that she has not seen anything other than what is included in the packet of
information. She added that they do not have a list of the proposed vendors.
Janet Carter, Public Works, commented the access for this facility is off of County Road 13 which is under the
jurisdiction of the City of Dacono. Weld County Public Works is making a requirement of an improved access
from the City of Dacono prior to approval of this USR. The applicant has provided a water quality depression
to control stormwater run-off for this site.
Commissioner Grand inquired what traffic volume will be created for this site. Ms. Carter said that the
applicants did not submit a traffic study;therefore she did not know what type of trip generation will be created
by this site. She added that for County Road 13, south of County Road 6, in 2009 it was documented that
there was 1,588 trips per day.
Mr. Grand asked if the planned activities are primarily planned for the weekends. Ms. Carter replied yes and
added that typically they require a traffic study for this type of facility; however when the applicant submitted
their application they had suggested a volume lower than Public Works requires for a traffic study so that was
waived. However,the City of Dacono has placed that requirement for them to receive access. Therefore the
applicants will need to work that out with the City of Dacono.
Mao Lo, interpreter for Yia Lo, commented that Mr. Lo is her uncle and he came here to the United States as a
refugee because his father was a major in the Army with the United States government. Mr. Lo stated that his
ethnic background is Hmong. He came here to the United States and noticed that their group of people does
not have an outdoor facility or specific site for them to utilize; therefore he felt the desire to set this up.
Mr. Lo has owned the proposed site for approximately 10 or more years and saw the need for him to develop
something for them to use. He noted that his community wanted to set up a site to share that culture with the
surrounding communities they live in. He will also provide a sports field for the youth because they like doing
outdoor activities and felt that would be a great opportunity for the youth in the community. The sports fields
• are free to the youth to use.
Mr. Lo said that in his culture they believe in spiritism and they believe that with the chicken or the sacrificial
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• piece of a chicken it helps relieve a lot of stress and they believe in that. He wished to provide that as an
opportunity for his community to sell the chicken at the flea market.
He wanted to ask the Planning Commission as well as the Planning Department for help to make this dream
become a reality. Initially,when they started this it didn't seem like it was such a big deal to have an open field
to provide a place for their community and the surrounding communities to see their people and to share with
everyone around them what they do but now it is getting harder. There are a lot of obstacles and things that
they did not foresee coming up and they would like help. Anything that they can correct or needs to be done to
conform to the regulations they are willing to do.
Mr. Lo stated that they want to be friends with their neighbors and do not wish to make them unhappy;
therefore they will do their best to comply with the regulations and codes. He understands that the neighbors
who have written letters have some concerns regarding the business bringing down the property value of the
surrounding residences and land. They will do their best to provide a very beautiful landscape or piece of land
that is beautiful to the eye that will add value to the surrounding area.
With regard to the traffic study, Mr. Lo indicated that he is not declining not to do it; however initially when they
submitted the application they did not know how many people would be coming in and out of the site.
However he will do it if the City of Dacono requires them to do so. They have some phone calls into the right
areas to get that done; it just has not been done to date.
Mr. Lo noted that initially they had estimated 500 people maximum with 200 cars coming in and out and 70
vendors available on site. If the county is okay with increasing the numbers then they would like to do so. The
application is only for the summer season, April through October and only on the weekends.
Mr. Lo indicated that he sent an email regarding the trash removal and added that because the activities are
on the weekend, trash would be picked up on Monday.
Mr. Lo said that he has contacted the Department of Agriculture regarding having chickens,doves,and birds
at the flea market and they have indicated no concerns. He added that they have documentation of this as
well. In addition, Mr. Lo stated that they have the company that will be delivering the portable handwashing
units to the site.
The reason Mr. Lo chose not to have a neighborhood meeting is because it is his first time applying for
something like this and did not know that he needed to meet with the neighbors. He thought that he would
meet with them here at the public hearing; however he would like to set a meeting up if needed. He wants to
reassure the neighbors as well as the Planning Commission that he does not want to cause problems and
wants to keep peace with everyone. He wants to make sure that his proposal meets the regulations and
requirements.
Commissioner Lawley said that the applicant is willing to comply with all the requirements and asked staff if
the applicant has had any conversation with them indicating that they aren't willing to comply with all the
requirements. Ms. Martin said that staff has met with the applicant many times throughout the course of the
process. Staff stressed that the applicants needed to talk with the City of Dacono regarding the traffic study.
She added that the applicant has stressed that he doesn't want to do a traffic study until he knows that he has
been approved by the Board of County Commissioners. Unfortunately, staff does not know if he has access
because Dacono cannot evaluate the access until they have a traffic study. Ms. Martin stated that staff has
continued throughout this process to stress to meet with the neighbors and to conduct a neighborhood
meeting.
Commissioner Holton commented that if the proposed number is increased from 500 then that would affect
several other development standards. Therefore without this traffic study he is uncomfortable with either
denying it or approving it. He doesn't believe that this application is complete to this point and it should be
continued. Commissioner Grand agreed with Mr. Holton and added that he conducted a site inspection and
• found that it is a mixed area as well as agricultural. He added that by not being able to understand what the
traffic impact is it is difficult to make a decision without all the facts.
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Commissioner Lawley commented that there may have been some confusion with the applicant in meeting
with his neighbors and potentially resolving issues there. He stated that a meeting should be conducted with
his neighbors.
Commissioner Holton commented that if this case is continued he would like to see a Dust Abatement Plan,
Waste Handling Plan, complete Site Plan, and traffic study along with the other outstanding items to make this
case complete.
Robert Grand moved to continue Case USR-1742 indefinitely, seconded by Mark Lawley.
The Chair asked the applicant if he understands that the case is being continued indefinitely because the
Planning Commission feels that the application is incomplete. The Chair reiterated that the applicant will need
to meet with staff to obtain clear direction on how to accomplish all the issues that are incomplete. When the
items have been completed then the applicant and staff will schedule a Planning Commission hearing date.
The applicant replied that he understands and asked that if he provides a traffic study and an estimated
number of attendees that this case would likely be approved. The Chair said that he can't give that answer at
this point without having the necessary information.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called for a recess at 2:25 pm and reconvened the meeting at 2:32 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1747
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Oil
111 PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility(Class II Oilfield Waste Disposal Facility-saltwater
injection facility and a water recycling facility) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot A RE-5008; Part E2SE4 Section 34,T7N, R63W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to CR 74;west of and adjacent to CR 69 and State
Highway 392.
Kim Ogle, Planning Services, commented that the applicant is Conquest Oil Company and are represented by
Sheri Lockman and Jim Goddard.
The property is outside of the three-mile referral area for a municipality and is directly west of the
unincorporated Town of Cornish. It is relatively flat with a slight slope north to south and east. The application
is for a new facility for oilfield brine water disposal with tanks for brine water and separate tanks associated
with the water recycling facility and one building housing pumps and an office.
There are normally two employees on site when accepting trucks which is from 7 am to 10 pm daily. On
average 15 different transport vehicles weighing up to 40 tons will visit the facility approximately four(4)times
per day.
Surrounding lands are predominately range land and native agricultural lands with single-family residences
located in the general area. Large agricultural tracts with a few limited Recorded Exemption parcels are also
prevalent.
A commercial well has been proposed to service this facility and the Health Department is requiring an ISDS
septic system for effluent flows.
Primary access is from County Road 74, a local paved two-lane road. The primary haul route will be from
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