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Home My WebLink About20173313.tiffHEARING CERTIFICATION DOCKET NO. 2017-77 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0035, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (MOTORCYCLE RESTORATION) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS, AND 11 CARGO CONTAINERS, IN THE A (AGRICULTURAL) ZONE DISTRICT - NINA MAY WILDER, PATRICIA WILDER DALLAROSA AND JAMES DALLAROSA A public hearing was conducted on October 11, 2017, at 10:00 a.m., with the following present: Commissioner Julie A. Cozad, Chair Commissioner Steve Moreno, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Evan Pinkham Planning Services Engineer representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: fi. = I hereby certify that pursuant to a notice dated August 17, 2017, and duly published August 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Nina May Wilder, Patricia Wilder Dallarosa and James Dallarosa, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0035, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (motorcycle restoration) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, and 11 cargo containers, in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Chris Gathman on behalf of Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and described the site location in relation to relevant County roads. He stated staff sent out 17 referrals and received 13 responses with comments that have been considered in the Conditions of Approval and Development Standards. Mr. Gathman clarified there will be no painting or plating on -site and he stated the applicant restores antique motorcycles and is the only employee. He provided the hours of operation and clarified there is no additional landscaping or screening proposed; however, a Condition was added at the Planning Commission hearing regarding delineating the landscaping and screening on the map. He reported the c c t PLC C.C 1 M(n), P.CHO), NLCLL), CT$CTT) tietI7 2017-3313 PL2494 HEARING CERTIFICATION - NINA MAY WILDER, PATRICIA WILDER DALLAROSA AND JAMES DALLAROSA (USR17-0035) PAGE 2 application is a result of an active Zoning Violation, ZCV17-00102, and stated approval will correct the matter. Mr. Gathman described the adjacent lands and nearest residences and stated seven letters of support have been received and one letter of objection. He stated the site is located in the three (3) mile referral area of the Towns of Erie and Frederick, and the City of Dacono, and he reviewed the referral responses submitted by these jurisdictions. Mr. Gathman displayed images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. Evan Pinkham, Public Works Department representative, provided a brief overview of the transportation plans and requirements, stating an Access Permit, AP17-00408, has been approved which stipulates to utilize the existing access. He reviewed the average daily traffic counts to include truck percentages and stated the traffic narrative indicated one to two daily round trips associated with this use. Mr. Pinkham stated there is no tracking control or Improvements Agreement required. Hayley Balzano, Planning Services Engineer representative, presented the drainage and grading requirements. She reported a drainage narrative has been submitted stating the imperviousness of the site will not be changed. Ms. Balzano stated the applicant has obtained a Geological Hazard Development Permit, GHDP17-0003, therefore, Condition of Approval (COA) #1.A can be deleted. She reviewed pertinent Conditions of Approval and Development Standards. In response to Chair Cozad, Ms. Balzano stated staff sent a referral to the Colorado Geologic Survey and their referral came back with no concerns. In further response, Ms. Balzano confirmed per the Code, and in consideration of the geologic hazard overlay district, a permit is required for this application. =.' Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the existing home is served by the Left Hand Water District and sewer is provided by an unpermitted septic system. She clarified the applicant did complete a Statement of Existing regarding the septic and it is adequate and grandfathered in. Ms. Light reviewed the noise limitation and stated Development Standards (DS) #12-19 address relevant Environmental Health items. Jim Dallarosa, applicant, stated he wants to bring his business into compliance and displayed a video interview with Jay Leno at a Motorcycle Show (https://www.youtube.com/watch?v=ojyTgGBV-8Q) to exemplify the work he does. He stated his whole life has been devoted to restoring historic motorcycles. Mr. Dallarosa clarified the motorcycles do not come and go from his property being driven, but are enclosed in a trailer and transported in that manner. He stated he works on two to five motorcycles per year and there is not much noise because he only starts them and runs them for maybe 30 minutes maximum and if they need to run for longer than that he has an agreement with Colorado National Speedway to take the motorcycles there. Mr. Dallarosa confirmed there is no plating or painting done on -site and the cleaners he uses are nontoxic and biodegradable. He explained the use of the cargo containers as storage and stated most of his work is done on the computer. Mr. Dallarosa described other businesses in the area to exemplify compatibility and stated his containers are rodent proof. He explained his future desire to subdivide his ten acres for retirement and clarified the storage containers are temporary and requested the screening requirement be removed. 2017-3313 PL2494 HEARING CERTIFICATION - NINA MAY WILDER, PATRICIA WILDER DALLAROSA AND JAMES DALLAROSA (USR17-0035) PAGE 3 Mike Powell, surrounding property owner (SPO), stated he and the applicant used to be friends but they are no longer friends because of personal reasons and he is in opposition to this application. He explained the history of Mr. Dallarosa acquiring the containers and suggested some items may be stolen. Mr. Powell stated there is no benefit to the tax base and the unsightly property brings property values down in the area. In response to Commissioner Moreno, Mr. Powell pointed out his property on the map and clarified his objection is based on the unsightly cargo containers. 3,_= Andy Call, SPO, stated he is adjacent to the applicant and sees very little activity and he and his wife are in support to the Dallarosas. He stated screening is not necessary. In response to Commissioner Kirkmeyer, Mr. Call stated they are building their home and he is on -site everyday. i,. _= Marvin Bauersox, SPO, confirmed there is a drainage issue in the area but that is not related to the Dallarosa business. He stated the applicant is a great neighbor and you hardly know they are even there. In response to Commissioner Conway, Mr. Bauersox stated he has lived out there for 21 years. Douglas Clay, SPO, stated he is the longest living resident on that County road and the Dallarosas are good neighbors and are quiet. He clarified you do not hear the motorcycles and there is no traffic. He stated the property is taken care of and he is in support of the application. • Mr. Dallarosa responded to the public input and displayed photos of the view from the opposing neighbor (Exhibit D) to explain why he is requesting the screening requirement be removed. In response to Chair Cozad, Mr. Dallarosa stated he is requesting the 11 containers that he has on -site and hopes to begin reducing the containers as he empties them. =4 In response to Commissioner Moreno, Mr. Dallarosa stated he submitted hours of operation as part of the application process because it was required, not because he is requesting it. • Commissioner Kirkmeyer stated the issue is the containers. In response to Commissioner Kirkmeyer, Mr. Dallarosa stated he owns the containers and he explained his concept of temporary storage as meaning they will not be there forever. In further response, he described the berming that exists and offered to move more dirt if needed. Commissioner Conway explained the options for more employees. • Chair Cozad reminded the Board of staff's request to delete COA #1.A. Commissioner Kirkmeyer recommended deleting COA #1.B.9. The Board agreed to these changes. In response to Chair Cozad, Mr. Gathman confirmed building permits are required for the cargo containers. Chair Cozad requested discussion regarding the screening. Commissioner Kirkmeyer suggested screening on one side. Commissioner Freeman stated he is not concerned about the screening because the surrounding property owners who live adjacent to the applicant are requesting no screening. He added it is not much better to look at a fence. Commissioner Conway concurred with Commissioner Freeman. Commissioner Moreno reiterated the applicant's desire to reduce 2017-3313 PL2494 HEARING CERTIFICATION - NINA MAY WILDER, PATRICIA WILDER DALLAROSA AND JAMES DALLAROSA (USR17-0035) PAGE 4 the number of containers as he empties them. After further discussion, Chair Cozad stated she is not hearing support for screening. El Commissioner Conway made a motion to delete COA #1.B.11. Commissioner Kirkmeyer reminded the Board there is a responsibility to be consistent. Chair Cozad stated the difference with this particular case is the closest neighbors are not in favor of the screening. ▪ Chair Cozad called for a roll call vote resulting in four out of five Commissioners voting to remove COA #1.6.11, with Commissioner Kirkmeyer voting against it. Commissioner Freeman recommended deleting DS #3 regarding the hours of operation. Commissioner Conway suggested amending DS #4 to increase the number of employees to two and the applicant agreed. Chair Cozad reminded the Board to add language to DS #17 reflecting the use of a portable toilet with the addition of two full-time employees or the requirement to have the septic system inspected to see if it is adequately sized and if it is found to be inadequate shall be brought into compliance. Ms. Light agreed and provided language (Exhibit E). ▪ Chair Cozad suggested a new Condition COA #1.A reflecting the requirement for a building permit for the cargo containers. The Board further agreed to delete DS #5, 9, 10 and 15. Lastly, the Board changed DS #22 to reflect allowing access onto the "business location" at any reasonable time. e Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad, Mr. Dallarosa indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. ▪ Commissioner Conway moved to approve the request of Nina May Wilder, Patricia Wilder Dallarosa and James Dallarosa, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0035, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (motorcycle restoration) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions, and 11 cargo containers, in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and entered into the record. The motion was seconded by Commissioner Freeman. Commissioner Kirkmeyer encouraged the applicant to work with Mr. Powell to see if he can accommodate his situation and she extended her appreciation for those in attendance. Commissioner Conway concurred. The motion carried unanimously. There being no further discussion, the hearing was completed at 11:56 a.m. 2017-3313 PL2494 HEARING CERTIFICATION - NINA MAY WILDER, PATRICIA WILDER DALLAROSA AND JAMES DALLAROSA (USR17-0035) PAGE 5 This Certification was approved on the 16th day of October, 2017. BOARD OF COUNTY COMMISSIONERS WELD COU,;VTY, COLO, ADO ATTEST: dole%) p, e,i Weld County Clerk to the Board BY: Deputy Clerk to the Board APP aVED AS ii ounty Attorney Date of signature: l 1/ t/ l i tiZo-Le...,...--- Steve Moreno, Pro- m l Sean . Conway rbara Kirkmeyer 2017-3313 PL2494 ATTENDANCE LIST DATE: ID -!/-2&P7 aril BYO p , hbretc ch, 40 I?eo s Sariy t h- /E iL ttil iN iCafL L C�f< (‘,/ g f , Kitt,: r'Maiel(a _ 1'900 5. 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