HomeMy WebLinkAbout20102476.tiff HEARING CERTIFICATION
DOCKET NO. 2010-27.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1742 FOR A USE PERMITTED AS A USE BY RIGHT, 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—YIA AND YING LO
A public hearing was conducted on October 27, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated September 17, 2010, and duly published
September 22, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Yia and Ying Lo, for a Site Specific Development Plan and Use by Special Review
Permit #1742 for a Use Permitted as a Use by Right, 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. Cyndy Giauque, Assistant County Attorney, made this a matter of
record.
Commissioner Garcia requested to be excused since it is very likely that he may not be able to
stay for the entirety of the hearing. Chair Rademacher confirmed Commissioner Garcia may be
excused.
Chair Rademacher advised the applicants, Yia and Ying Lo, through their translator, Mao Lee,
that they have the option of continuing the matter to a date when the full Board will be present.
However, if they decide to proceed today, the matter will require three affirmative votes; or, in
the case of a tie vote, Commissioner Garcia will review the record and make the determining
vote. At the request of Mr. Lo, the Acting Clerk to the Board confirmed the next available date
for review of the matter with a full Board is November 10, 2010. In response to Mr. Lo, Chair
Rademacher clarified if the vote results in a 2-2 tie, Commissioner Garcia will review the audio
recording of the hearing; however, he will not be able to ask questions of staff or the applicant.
Upon further discussion between Mr. Lo and Ms. Lee, Mr. Lo indicated he would like to proceed
today.
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Michelle Martin, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. She stated the site is located one-half mile south of County Road 8, and west of County
Road 13, and she confirmed the case was originally brought before the Planning Commission
on August 3, 2010; however, it was recommended at that time that the matter be continued
indefinitely so that the applicant could adequately address the concerns presented by referral
agencies and surrounding property owners. She clarified the matter was reconsidered by the
Planning Commission on October 5, 2010, after the applicant had a traffic study conducted,
which was reviewed by the City of Dacono. She further clarified the City of Dacono indicated its
concerns were addressed by the traffic study, and the City did not intend to require any off-site
improvements for County Road 13. Ms. Martin indicated the surrounding properties are
predominantly agricultural in nature, with several residences within close proximity, and seven
property owners live within 500 feet of the site. She clarified more than 50 percent of the
surrounding property owners provided letters of opposition to the proposed uses, which cited
concerns including decreased property value, increased traffic and trash, lack of sanitation
facilities, lack of adequate screening and monitoring activities, and the loss of enjoyment of their
own properties. She indicated the applicant, at the request of the Planning Commission, held a
neighborhood meeting on August 14, 2010, with six neighbors attended the meeting, and it was
requested at the meeting that the uses be re-located further west on the site, near an adjacent
motocross track, and the neighbors re-expressed concerns regarding increased traffic, noise,
and trash. She stated the applicant does not want to re-locate the uses on the site, since doing
so would reduce visibility from County Road 13/Colorado Boulevard. She indicated the site will
be in operation for six months out of the year, only on weekends between the months of April
and October, and is expected to be open during the hours of 8:00 a.m., to 8:00 p.m. She
clarified many of the surrounding property owners indicated they will be home during the
proposed hours, and the proposed operation will impact their quality of life and ability to enjoy
their private property. Ms. Martin stated the Department of Planning Services originally
recommended denial of this application, and the Planning Commission recommended approval
in a four to three vote. She displayed photographs of the site and the surrounding area, and
confirmed the City of Dacono has annexed a majority of the surrounding property, including the
motocross track to the north. In response to Commissioner Conway, Ms. Martin reiterated there
are seven surrounding property owners within 500 feet, and all of these property owners were
invited to the neighborhood meeting.
Heidi Hansen, Department of Public Works, stated the site is accessed from County Road 13,
which is also known as Colorado Boulevard, and is under the jurisdiction of the City of Dacono.
She confirmed the City required the applicant to have a traffic study conducted before an
access permit could be granted, and upon results of the study, the City did grant an access
permit. She explained the requirements proposed by the Department were based upon a
proposed attendance of 500 people, or approximately 200 vehicles, and the applicant has
indicated a water quality depression area to help control stormwater on the site. She clarified
there was a discrepancy in the amount of traffic reported in the applicant's study and the study
completed by the County, and there does not appear to be a justification for the large difference,
other than the applicant's study was conducted during weekend hours. She clarified the
Department does not have any reason to believe the study is invalid, since it was completed by
a registered engineer, and the County requested that a representative from the City of Dacono
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attend the hearing to discuss any possible additional requirements; however, the City indicated
the use is considered to be temporary, therefore, it does not require any additional requirements
and it is not necessary for a representative of the City to attend. In response to Chair
Rademacher, Ms. Hansen confirmed the traffic study conducted by the County indicated an
average of 1,500 vehicles per day; however, the traffic study completed by the applicant's
engineer indicated less than 200 vehicles per day. She further confirmed the City of Dacono did
grant an access permit for County Road 13, and she described the method the applicant's
engineer utilized to conduct a three-day traffic count. Commissioner Kirkmeyer indicated she
finds it hard to believe that the engineer's report indicates less than 200 vehicles per day,
especially since the traffic count was over 200 vehicles per day back in the early 1990's before
the road was paved.
Janet Carter, Department of Public Works, stated identifying the amount of traffic is one element
of a traffic study, and when staff reviews a traffic study, the number of vehicles is taken into
account, and it was determined that this study either contained an error, or the count was taken
during an off-peak time. She clarified she is not exactly sure of when the traffic count was
taken; however, the existing traffic count is for background information and the proposed road
improvements are triggered by the proposed traffic associated with the facility. She indicated
the applicant has proposed a total of 200 vehicles per day, on weekend days, and it is possible
that the traffic study may be flawed; however, it does not render the study unacceptable. She
stated the County would require turn lanes, based upon the amount of traffic travelling to the
facility, and the City of Dacono has knowledge of the background information regarding the
necessary improvements; however, the access is within the City's jurisdiction. In response to
Chair Rademacher, Ms. Carter explained there could be other factors which affected the overall
traffic count, including whether it was a holiday weekend or if school was in session, and it may
be possible that the amount of traffic on the weekends is significantly lower than the count
conducted by the County during weekdays. She confirmed the City of Dacono had indicated it
recognizes that the amount of background traffic is greater than what is stated in the applicant's
study. Responding to Commissioner Kirkmeyer, Ms. Carter stated the County maintains
jurisdiction of County Road 13 approximately 325 feet from the applicant's access, and the
applicant's access is approximately one-quarter mile north of the intersection of County Roads 6
and 13. Further responding to Commissioner Kirkmeyer, Ms. Carter confirmed the expected
traffic of 200 vehicles per day, or a total of 500 persons per day, is consistent with other similar
uses. In response to Commissioner Kirkmeyer, Ms. Hansen indicated there is an emergency
access delineated along the northern property line, which is not paved, and may be left open for
emergency vehicles to access the site, if necessary. She further indicated the applicant has not
defined how the access will be prevented from being utilized by people coming to the flea
market; however, signage will be provided, clearly indicating the intended access. Ms. Carter
confirmed it is acceptable for the applicant to gate the emergency access, and the gate does not
have to be locked. In response to Chair Rademacher, Ms. Martin clarified the site is located
outside of the Intergovernmental Agreement (IGA) area for the City of Dacono; however, staff
did encourage the applicant to discuss possible annexation with City representatives. She
confirmed the City of Dacono indicated it was not interested in annexing the property, and did
not request that the applicant attempt to annex the property within the referral response
provided.
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Lauren Light, Department of Public Health and Environment, stated the use of the site is limited
to six months, therefore, the applicant may utilize portable toilets and bottled water, and the
number required will be based upon the chart consistently utilized for other temporary
operations. She clarified Development Standard #14 describes the minimum requirements, and
staff is requesting that the records of maintenance and disposal be retained on a seasonal
basis. She confirmed the applicant did submit the required Waste Handling and Dust
Abatement Plans, and the dust on the site will be controlled with recycled asphalt on the drive
and parking areas, with the rest of the area being covered in wood chips. She further confirmed
the applicant has agreed to contract with A and W Water if dust becomes an issue on the site.
She stated the waste will be removed by Gator Rubbish, with approximately one to three
dumpsters located on the site, and the noise is restricted to the levels allowed within the
Commercial Zone District, which is addressed within Development Standard #11. She
confirmed if a noise complaint is received, staff will measure the noise from the perimeter of the
property. Ms. Light explained live poultry is expected to be sold from the site, and Development
Standard #13 requires that hand sanitizer shall be provided, with signs indicating people should
wash their hands if handling poultry, due to concerns with salmonella contamination. She
indicated the applicant must comply with any requirements of the Department of Agriculture, if
necessary, and it has been made clear that there will be no slaughtering of poultry on the site.
She further stated the flea market will contain food vendors, which must be properly licensed,
and the Inspectors from the Department have made the requirements clear with the applicant.
She indicated the Department issued requirements similar to other facilities considered to be
agri-entertainment.
In response to Chair Rademacher, Ms. Martin indicated the applicant has proposed four sports
fields, each to be approximately 50 feet by 80 feet in size, for recreational activities, and the
sports fields will only be open during the hours the flea market is in operation. Responding to
Commissioner Kirkmeyer, Ms. Light confirmed she was not able to get a straight answer from
the Department of Agriculture, regarding any additional regulations pertaining to the live poultry
on the site. She stated the applicant is allowed to sell 200 poultry per acre as a Use by Right;
however, this issue is not specifically addressed within the Development Standards. Ms. Martin
clarified if the poultry are raised on the site, selling them is a Use by Right; however, if the
poultry is not raised on the site, the USR permit can limit the number of poultry allowed to be
sold on the site. Responding to Chair Rademacher, Ms. Martin confirmed the application
materials indicate the applicant intends to sell poultry, small birds, live chickens, live ducks, live
geese, and live pigeons at the flea market. Chair Rademacher indicated the Resolution needs
to be clear that there will no slaughtering of any animals at the site.
Responding to Commissioner Kirkmeyer, Ms. Light confirmed the office indicated on the plat will
not require water or sewer service, since it will be utilized for less than six months during the
year. She clarified she expects that the office will be more of a ticket sales booth, and she
confirmed the office was not previously indicated on the plat provided by the applicant. Further
responding to Commissioner Kirkmeyer, Ms. Martin confirmed the number of employees on the
site is included with the total of 500 people, and the applicant has estimated that approximately
70 vendors will be bringing items to sell on the site, which is also included within the maximum
number of 500. Ms. Light reiterated the proposed use is allowed to utilize portable toilets and
bottled water since the use is less than six months in duration and is considered to be
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temporary. She confirmed it is her hope that the applicant will be utilizing more than two trash
receptacles; however, this information was only recently provided on the plat, and was not
delineated on the plat provided at the Planning Commission hearing. Ms. Martin clarified the
applicant is not expecting to construct any permanent structures, and it is expected the vendors
will set up tent-like structures during flea market hours. She confirmed this is the first she has
seen an "office" indicated on the map provided by the applicant.
Chair Rademacher issued a fifteen-minute recess of the matter in order for the Board to attend
a time-sensitive appointment.
Upon reconvening, Mr. Lo provided a packet of photographs and maps for review, marked
Exhibit H, and confirmed he is a native of Laos who relocated to the United States as a refugee
from the civil war. He confirmed his father served as an American soldier, and displayed a
framed photograph of his father in his Army uniform; however, his father has since passed
away. He indicated the application for the proposed flea market and sports fields was created
by the need for the people in his community to have a place to gather and socialize, and he has
determined this is the right time to apply for a USR permit. He confirmed he desires the help of
his neighbors to help build his proposed business within this community, especially since there
is no place for other refugees to go and socialize within the summer months. He clarified he
does not have enough money to build a lot of buildings, and the flea market will take place
within a parking lot that currently sits empty. He indicated area farmers will be able to bring the
items they grow to sell at the market, and he would like to be able to sell chickens and other
poultry at the market because they hold significant spiritual value for his culture. He confirmed
the flea market will only operate during the warmer, summer months, and will only be in
operation on weekend days. He indicated it is his desire to be able to help his community while
providing a place for his people to gather. He stated the property is currently empty, and he
intends to utilize four acres out of the total 20 acres available. He confirmed the market will be
specifically targeted towards fellow refugees, and he does not have a large enough budget for
the market to be very large. Mr. Lo stated the map provided indicating the uses within the City
of Dacono shows that this area is industrial in nature, therefore, he believes it is appropriate for
this land to be utilized industrially. He confirmed the plan for the market is very simple, and he
has addressed the requirements provided by staff, including requirements for the access. He
clarified the office building will be similar to a shed, it will not be a permanent structure, and he
will utilize it to store important paperwork, etcetera. In response to Chair Rademacher, Mr. Lo
indicated it may be possible for the office to have a generator, or a solar panel, to provide
electricity in the near future, and he is also contemplating utilizing a recreational vehicle (RV)
which may be rolled in and out of the site.
Leroy Ogden, surrounding property owner, confirmed his biggest concern is the additional traffic
to be generated by this facility, and the fact that the applicant will not be required to construct
turn lanes on County Road 13. He clarified the speed of traffic within this area is very fast, and
he is afraid vehicles will be rear-ended when trying to turn into the facility, especially since there
was a fatal traffic accident at the nearby intersection just this past weekend. He further clarified
it concerns him that the City of Dacono is not requiring any additional traffic mitigation. Chair
Rademacher clarified since the access is located within the jurisdiction for the City of Dacono,
the County cannot require mitigation measures. Mr. Ogden confirmed he does not desire being
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forced to view the operation of a flea market from his property every weekend during the
summer months, and he is concerned the property values in the area will decrease because of
this proposed facility. He indicated he purchased his property approximately five years ago, and
he would not have purchased a property if a flea market were operating close by. In response
to Chair Rademacher, Mr. Ogden confirmed the large discrepancy of the traffic count is also
concerning, as well as the visual impact this property will make on County Road 13. He
indicated the closest surrounding property owner regularly target shoots on his property on the
weekends, he has lived on the property since the year 1954, and the approval of this use will
directly affect his quality of life. Responding to Commissioner Conway, Mr. Ogden confirmed
the traffic in the surrounding area usually increases during the weekend, since there are a large
number of vehicles travelling to the motocross track. He clarified County Road 13 is also
utilized as a main access route for people travelling to the Colorado National Speedway, and
the traffic count is very high on the weekends, as well as weekdays. He further clarified more
vehicles utilize County Road 13 if there is an accident along Interstate 25, and the access to the
motocross facility is located on County Road 8. Further responding to Commissioner Conway,
Mr. Ogden clarified it was brought to his attention that there is another access point along the
northern boundary which could be utilized, which provides access to another portion of property,
and he would prefer a different access be utilized since turning off of, and onto, County Road 13
is dangerous.
Jordan Gutierrez, surrounding property owner, confirmed his property is located at the
intersection of County Roads 6 and 13, and the accident which occurred this past weekend
proves that the traffic is dramatically increased on weekend days. He confirmed there are also
a lot of bicyclists in the area, and since there are no sidewalks, the bicyclists are also travelling
on the road. He confirmed the intersection is very dangerous already, and the additional traffic
proposed by the flea market will create an even bigger safety hazard. He confirmed the Stop
sign at the intersection used to have a flashing light; however, it has since been removed. He
indicated he has been at his residence for over six years, and there has been four fatal
accidents at the intersection since he has lived there. Mr. Gutierrez indicated the entire concept
presented by the applicant is poorly designed, and he has extreme concern regarding the wind
blowing trash from the property and possibly turning over the portable toilets located on the
property. He clarified a portable toilet was located on his property while his residence was
being constructed, and the wind caused the toilet to blow over on two occasions, which created
a huge mess. He confirmed the wind blows hard in this area, and items become projectiles. In
response to Commissioner Conway, Mr. Gutierrez explained the roads in the area are attractive
to both bicyclists and motorcyclists, and it is a regular occurrence to see both types of riders up
and down County Road 13. He clarified the speed limit is posted at 55 miles per hour; however,
most vehicles travel at speeds in excess of 60 miles per hour, and adding another access will
increase the chance of an accident occurring. He expressed his sympathy to Mr. Lo and
indicated he understands the dream of providing a gathering place; however, there has to be a
better way for the facility to be constructed and address the major safety concerns presented.
In response to Commissioner Kirkmeyer, Mr. Gutierrez confirmed he attended the neighborhood
meeting hosted by the applicant and he indicated approximately eight neighbors attended the
meeting.
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Trevor Jacob, surrounding property owner, confirmed most of the concerns have already been
expressed, and he requested that a "watchdog" committee be established if the Board decides
to approve this application. He indicated the large discrepancy of traffic creates a large
concern, as well as the testimony provided by staff that the applicant is now including structures
on the map that were not previously addressed. Chair Rademacher explained the neighbors
within the community could create a committee, and the neighbors do have the ability to call in
complaints for staff to investigate. In response to Commissioner Conway, Mr. Jacob stated he
does not live within the 500-foot boundary, and he was not officially invited to the neighborhood
meeting; however, his wife attended the meeting and he previously attended the Planning
Commission hearing to express his concerns.
Edith Gutierrez, surrounding property owner, expressed her concerns regarding the proposed
facility, and confirmed the neighbors can police the uses on the site; however, it creates an
uncomfortable situation for the neighbors. She indicated she would like a requirement to be
placed in the Resolution which requires that the facility be inspected. Chair Rademacher
confirmed staff will inspect the facility, as necessary. Ms. Gutierrez indicated she is concerned
that the applicant does not live on the property, and that he will only be there on the weekends
during the summer months. She confirmed she is concerned about problems arising if the site
were to be vandalized, or if objects on the site begin blowing around, and she confirmed a
positive appearance of the property will be difficult to maintain. In response to Ms. Gutierrez,
Chair Rademacher confirmed staff will conduct random inspections, as well as follow up with an
inspection for any complaint received. Ms. Gutierrez further expressed her concerns regarding
the sports fields and the potential for people to get hurt, and clarified the applicant has not
addressed the impacts of the sports fields at all. She indicated it is unclear whether a
designated person will be supervising the games, or if it will be necessary for a paramedic unit
to be on standby during these hours. Chair Rademacher indicated he is aware that an
ambulance is on site at the motocross track during all races. Ms. Gutierrez stated, if the Board
decides to approve this application, it will make more sense for the cars to park in the front of
the property, along County Road 13, and have the vendor booths situated towards the back of
the site, which will help to keep trash from blowing out into the middle of the road.
In response to Commissioner Kirkmeyer, Ms. Hansen clarified the applicant also owns the lot
directly west of this site, and originally he was planning additional activities for the additional
property; however, the applicant decided not to move forward with those plans. She confirmed
when staff was aware of the utilization of both properties, it was determined at that time that an
emergency access was necessary. Ms. Martin confirmed the emergency access is currently
being utilized for oil and gas activities. Further responding to Commissioner Kirkmeyer,
Ms. Carter clarified the County originally had the recommendation of requiring turn lanes to be
constructed; however, once it was determined that the access was within the jurisdiction for the
City of Dacono, the County deferred to the City. She stated the City has indicated on multiple
occasions that the applicant should not be required to construct turn lanes; however, the City
has never indicated why they think turn lanes are not necessary. In response to Chair
Rademacher, Ms. Carter clarified the applicant's traffic study was certified on August 26, 2010,
and the 85th percentile of traffic speed was 59 miles per hour. Commissioner Kirkmeyer
clarified the additional traffic does warrant the requirement for turn lanes, especially since
325 feet to the south of the access, Weld County assumes jurisdiction of County Road 13, and
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she understands that most of the traffic coming to the site will be coming from the south, from
the larger Denver metropolitan area. She confirmed the City of Dacono is not adequately
addressing the safety of the travelling public if it refuses to requirement improvements to the
road. Ms. Carter clarified the Department of Public Works believes turn lanes are necessary;
however, the City of Dacono does not, and they are relying on the loophole that the overall
traffic volume does not meet a specific standard, which she does not believe is an acceptable
reason. She further clarified the City of Dacono does not have a traffic engineer on staff, and
she has adamantly advocated for turn lanes since the beginning discussions of this project.
In response to Chair Rademacher, Mr. Lo, through translation by Ms. Lee, confirmed the sports
fields will be utilized by young people in the Asian community coming to the flea market, and he
intends for the fields to be a place where the community can participate in sports on the
weekends while the flea market is in operation. He clarified he does not expect the field to be
utilized as a soccer field, rather, he expects that pick-up games of volleyball and other popular
sports will take place. Further responding to Chair Rademacher, Mr. Lo confirmed there were
not be any organized sport leagues, and he does not have the money to hire supervision for the
fields. In response to Commissioner Kirkmeyer, Mr. Lo indicated he expects a total of four to
five employees for the site, including himself, his wife, and his children. He confirmed this flea
market is targeted for the Asian community, he will personally know most of the people in
attendance, and he confirmed most of the attendees will be coming from the metro area to the
south.
Mr. Lo expressed his appreciation to the surrounding property owners who attended the
meeting and provided their ideas for improvements, as well as their concerns. He confirmed he
does not want to cause any problems or pain for his neighbors, and he does consider himself
their neighbor, as he owns the land. He indicated it is not his intent to cause division by bringing
his flea market to this area, and he intends to make the facility presentable, pleasant, and
beautiful, not an eyesore. He confirmed his neighbors are welcome to be patrons at the flea
market as well, and he asked that the neighbors not feel scared or angry that he will be ruining
the land. He indicated the purpose of the flea market is to be able to share his culture with the
community. Mr. Lo indicated the map provided indicates the placement of the two large
dumpsters to be located on the site, and there will be numerous receptacles around the parking
areas and vendor areas, with a roving employee to ensure the trash is adequately picked up on
the site. He confirmed if more dumpsters are necessary, he is willing to bring more to the site,
and he clarified the office will be a portable office, which he expects to move off of the site
during the weekdays. He further confirmed he expects the sports fields to be utilized for
volleyball or a specific asian ball game which consists of eight players and a small bamboo ball,
which is not heavy or hard. He clarified the total acreage of the land is approximately 20 acres;
however, he will only utilize four acres for the flea market, and the use of the sports fields is a
secondary use, dependent upon his operating budget.
In response to Chair Rademacher, Ms. Carter indicated the City of Dacono was informed about
the discrepancy of traffic counts recorded during the Planning Commission hearing, and the
County confirmed with the City on multiple occasions that turn lanes were not going to be
required. Further responding to Chair Rademacher, Ms. Martin indicated the need for
emergency service personnel being located on the site was not previously discussed; however,
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it was raised as a concern by the Planning Commission. In response to Commissioner
Kirkmeyer, Ms. Carter clarified the Administrator at the City of Dacono indicated turn lanes
would not be required for this facility because the use was determined to be seasonal and
temporary in nature.
Ms. Martin clarified there is some confusion regarding the types of screening named within the
Screening Plan, and confirmed the Board needs to discuss specific requirements. She
indicated the Screening Plan indicates a six-foot wood fence along the northeast portion of the
property, to help screen the site from the residence to the north, the plan describes a berm
along County Road 13 and along the access drive, and it appears the applicant will install a
barbed-wire fence along the back side of the parking area. Chair Rademacher indicated it is his
desire for the fencing to continue along the north side of the property to provide additional
screening for the property owner to the north.
In response to Chair Rademacher, Ms. Light requested the addition of a second sentence for
Development Standard #13 to state, "There shall be no slaughtering of any kind of animals on
the site." Mr. Lo confirmed he understands there is to be no slaughtering of any animals.
Commissioner Kirkmeyer indicated she does not support this application for numerous reasons;
however, if the applicant does have support for approval from other Board members, several
Conditions will need to be added to the Resolution. She confirmed the safety concerns have
not been mitigated, for both the surrounding property owners, and for the people who are
expected to travel to this area. She indicated she is unsure of how the traffic engineer came up
with the traffic count provided, and she does not trust the numbers provided. She clarified the
traffic in the area is just as busy on weekends as it is during weekdays, there are many more
runners and bicyclists on the road over the weekend, and she is surprised the average speed of
the vehicles is not over 60 miles per hour. She confirmed the emergency access needs to be
gated, and a new access should not be allowed on County Road 13. She expressed her
concern regarding the lack of permanent structures, and the possibility for people to camp on
the property. Commissioner Kirkmeyer explained the use is not compatible with the surrounding
land uses, and the applicant has identified he is doing this use for the enjoyment of others who
do not live within this area. She indicated she understands this is an agricultural area, and the
surrounding property owners have a right to enjoy their own properties during the weekend, and
a flea market with a large amount of additional people will not be enjoyable to most. She further
indicated this application is not consistent with the future development of the area, since the
area is mostly residential, and the use of the facility will serve a population from farther south in
the metro area, and this proposal is also not compatible with agricultural uses. She confirmed
she does not believe the applicant has been able to adequately provide for the safety of the
neighborhood inhabitants, nor the people expected to travel to this facility, and in reality, the
application is not very well thought out, especially since staff just recently received a copy of the
Screening Plan, indicating the placement of an office on the site. She stated 70 vendors serving
500 people is not realistic, and the Board can add on a lot of Conditions to address concerns;
however, approval of this facility will be an enforcement nightmare for staff. She confirmed the
enforcement of the site should also not be the responsibility of the surrounding property owners,
and she understands this use is considered to be temporary in nature; however, it sure appears
to be a permanent use. She expressed concern regarding the sanitation conditions on the site,
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especially with the lack of water and the use of portable toilets for six months at a time. Chair
Rademacher indicated language needs to be added to the Resolution to address the fact that
no permanent structures shall be constructed and that there shall be no overnight camping at
the site.
In response to Chair Rademacher, Ms. Hansen clarified the emergency access is no longer
required, and could be removed from the plat. Commissioner Kirkmeyer clarified the
emergency access would not serve this property, and Mr. Lo agreed the emergency access will
be removed from the plat.
Mr. Lo clarified the berms on the Screening Plan may have been incorrectly indicated by
Ms. Martin, and he confirmed he chose to provide the landscaping so that the site will look
beautiful; he was not required by the Planning Commission to provide the landscaping. In
response to Chair Rademacher, Mr. Lo confirmed the purpose of the six foot privacy fence is to
help provide screening for the neighbor to the north. He clarified he feels bad that the neighbors
believe that the additional traffic will cause problems; however, he is also a citizen and
landowner, and this is his dream for his land. He confirmed he desires to be a good neighbor
and a peaceful neighbor, and he will do his best to make sure the property looks nice if he is
given the opportunity to develop his land.
Further responding to Chair Rademacher, Mr. Lo indicated he has reviewed, and concurs with,
the Conditions of Approval and Development Standards. He confirmed he will respect the law
and he does not want to cause any trouble.
Ms. Martin suggested the addition of Development Standard #5 to state, "Camping activities are
not allowed on the site and no permanent structures shall be constructed on the site." She
further suggested Condition of Approval #1.L be added to state, "The plat shall be amended to
delineate the removal of the emergency access." The Board concurred with the proposed
modifications. Following discussion between Ms. Martin and Chair Rademacher, the Board
concurred that the Screening Plan provided by the applicant, as required within Condition of
Approval #4, is sufficient.
Commissioner Conway expressed his appreciation to Mr. Lo for his presentation and for his
family's service to the country, and he also expressed his appreciation to the surrounding
property owners who provided testimony at today's hearing. He confirmed several safety
concerns were presented, which are concerns of his, and he does not understand why the City
of Dacono did not want to be engaged in requiring additional safety improvements for County
Road 13. He stated it is clear from the testimony provided that the traffic count provided by the
applicant's engineer is wrong, and it is possible that the count taken by the County may also be
lower than the actual amount of traffic on the road. He confirmed there is a lot of bicycle traffic
on the road and he is severely concerned about a fatal accident, especially because of the
excessive speed of traffic in the area. He indicated he appreciates the applicant's desire to fulfill
his dream for the property; however, he needs to be realistic and recognize that there are too
many safety issues for the neighbors and residents of Weld County. He confirmed he does not
support approval of the application, due to the outstanding concerns, and a continuance of the
matter will not help the applicant to address these concerns. He clarified the Board should
2010-2476
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HEARING CERTIFICATION -YIA AND YING LO (USR-1742)
PAGE 11
simply not risk someone being killed, and he sympathized with the applicant's desire to fulfill his
dream; however, the Board has the responsibility to ensure the safety of residents is protected.
He indicated he realizes the applicant did work hard to mitigate many of the concerns
presented; however, too many safety concerns remain.
Commissioner Long concurred with Commissioner Conway and clarified it may have been a
better option to annex the property into the City of Dacono and proceed with development of the
site with the City. He confirmed the main barrier of approval is the presented safety concerns,
and the County is unable to control what will happen at the access on County Road 13. He
encouraged the applicant to reinvent his dream, and determine a higher and better use for this
land.
Chair Rademacher indicated he disagrees with some of the comments provided. He clarified a
motocross track is in close proximity to this site, which is noisy and dusty, and it has been
deemed compatible within the surrounding area. He confirmed the City of Dacono could have
annexed the property if the City had outstanding concerns, and he believes the traffic count is
lower on the weekends than it is on weekdays. He clarified the traffic study results were verified
and stamped by an engineer, and the Board cannot argue the results of the study. He
confirmed he supports approval of the application.
Commissioner Kirkmeyer moved to deny the request of Yia and Ying Lo for a Site Specific
Development Plan and Use by Special Review Permit #1742 for a Use Permitted as a Use by
Right, 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, based on the finding that the
application is not in compliance with Sections 23-2-230.B.1 through 23-2-230.B.7, of the Weld
County Code. The motion was seconded by Commissioner Long, and it carried three to one,
with Chair Rademacher opposed. There being no further discussion, the hearing was
completed at 12:20 p.m.
2010-2476
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HEARING CERTIFICATION -YIA AND YING LO (USR-1742)
PAGE 12
This Certification was approved on the 1st day of November, 2010.
BOARDCOUNTY SIGNERS
LD COUNTY, COLORADO
ATTEST: " I rv, .. t�� �. ` "•2nr
u•I: 'ademacher hair
Weld County Clerk to the Board
kx ?p At;ara �Kirkmeyer, Pro-Tern1
BY: !1 C C2 l^ii
De t Clerk o the Board
Sean P. Conway
EXCUSED < J
William F. Garcia /p
32 CAA
David E. Long
2010-2476
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1742 -YIA AND YING LO
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 10/5/10 and
C. Planning Commission 8/3/10)
Certifications and Photos of sign posting for 8/18/10 and
D. Planning Staff 10/27/10 Hearings
E. Applicant Two maps
F. Applicant Market Floor Plan
G. Planning Staff E-mail from City of Dacono, dated 10/25/2010
H. Applicant Two photographs and three maps
I. Applicant Drawing of proposed fence
J. Planning Staff E-mail from City of Dacono, dated 09/01/10
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