HomeMy WebLinkAbout20173301.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0035
NINA MAY WILDER AND PATRICIA AND JAMES DALLAROSA
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (MOTORCYCLE RESTORATION) PROVIDED THAT THE PROPERTY
IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS AND 11 CARGO CONTAINERS
IN THE A (AGRICULTURAL) ZONE DISTRICT.
EAST 10 ACRES OF WEST 30 ACRES LOCATED IN S2SW4 SECTION 9, T1 N,
R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 640 FEET
EAST OF CR 5.
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. G - A. Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change." And Section 22-2-20. G.2 -
A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is in an area that can support
such development, and should attempt to be compatible with the region."
The applicants are requesting a Use by Special Review permit for 11 cargo containers and
the restoration of antique motorcycles (Vintage Motorcycles). No painting or plating [applying
a thin coat of metal] is performed on the property. The property owner is the business owner
and the only employee. Hours of operation are 9:00 a.m. to 6:00 p.m. Monday thru Friday.
The existing landscaping on the site consists of grasses. The applicants are not proposing
any additional landscaping or screening. Staff is not recommending any screening as there is
no outdoor storage.
Section 22-2-20.G.7 - A.Policy 7.3 states, "Conversion of agricultural land to urban
residential, commercial and industrial uses should be considered when the subject site is
located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional
Urbanization Area or Urban Development Nodes, or where adequate services are currently
available or reasonably obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such conversion."
This site is located within three miles of the Town of Erie although at this time there is no
Intergovernmental Agreement between the Town of Erie and Weld County.
Section 22-2-20.H.8 - 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."
EXHIBIT
S
A
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RESOLUTION USR17-0035
NINA MAY WILDER AND PATRICIA AND JAMES DALLAROSA
PAGE 2
The referral comments from the Department of Public Works state that CR 10 is a gravel
road. The Department of Public Works did not have any concerns with the use of this road
for this USR.
Section 22-2-20.H.8-A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate
for the type and style of development and meets the requirements of county, state and
federal rules and regulations."
The drainage narrative was submitted and reviewed by the Department of Planning Services
— Engineer. No concerns were identified with the stormwater management.
Section 22-2-20.H.8-A.Policy 8.5. states, "The land use applicants should demonstrate that
public service providers, such as but not limited to schools, emergency services and fire
protection, are informed of the proposed development and are given adequate opportunity to
comment on the proposal."
The USR was sent to seventeen (17) referral agencies including the school district, the water
district, and the fire district. The referral agencies had 28 days to review this USR and most
of them submitted response of 'no concerns' with the rest submitting comments or conditions
that are incorporated as Conditions of Approval or Development Standards in the staff
recommendation.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.S. which allows a Site Specific Development Plan and Use by
Special Review Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts (motorcycle restoration)
provided that the property is not a lot in an approved or recorded subdivision plat or lots part
of a map or plan filed prior to adoption of any regulations controlling subdivisions and Section
23-3-40.BB. which allows for more than two (2) cargo containers per legal lot in the
(Agricultural) Zone District.
Section 23-3-10 — Intent states, "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right."
Because there are no employees or customers there is very little business traffic. Vintage
Motorcycles is a business where one employee (owner/operator) restores motorcycles. The
proposed USR is in an area that can support this development and the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. There are three (3)
houses within 250 feet of the site. The closest residence is 150 feet west of the property line.
There are ten (10) USRs within one mile of this site. SUP -322 for a private airport is located
northwest of the site. USR-1503 for 150 head of calves, USR-1502 for a second dwelling,
and USR-1613 for a gutter business are all located northeast of the site. USR-1348 for an
accessory building and an indoor arena, CUP -32, CUP -57 and CUP -55 for second dwellings,
USR-931 horse boarding facility, and CUP -34 for a horse training and breeding facility are all
located southeast of the site.
RESOLUTION USR17-0035
NINA MAY WILDER AND PATRICIA AND JAMES DALLAROSA
PAGE 3
The application materials included 7 letters of support for this USR. The Weld County
Department of Planning Services has received one letter of objection from a surrounding
property owner. The letter outlines concerns about the property values, leaking motorcycles,
storage of gasoline and solvents, obstruction of views, noise, and traffic. The Weld County
Department of Public Health and Environment has reviewed this application and has no
indicated any concerns with the items stored in the cargo containers.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within a three (3) mile referral area of the Towns of Erie, Frederick, and the
City of Dacono. The Towns of Erie, Frederick, and the City of Dacono all submitted referral
agency comments indicating no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not in a floodplain or an Airport Overlay District. The property is within the
Geologic Hazard Overlay District and staff has included a Condition of Approval that the
applicant submit a Geological Hazard Development Permit. The Colorado Geological Survey
reviewed the application and stated that the mine depth is 200-250 feet and the subsidence
hazard is low.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on 5 acres of soils designated as "Prime" and 5 acres of soils
designated as "Prime if they become Irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. There are no new structures proposed so the
USR will not take any Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
RESOLUTION USR17-0035
NINA MAY WILDER AND PATRICIA AND JAMES DALLAROSA
PAGE 4
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. Prior to recording the map:
A. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey
shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld
County Code. A Geological Hazard Development Permit is required. (Department of Planning
Services - Engineer)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0035. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
6) The map shall delineate the lighting, if applicable. (Department of Planning Services)
7) County Road 10 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
8) Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii
(60') on the site plan. (Department of Public Works)
9) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
10) The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
11) The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
RESOLUTION USR17-0035
NINA MAY WILDER AND PATRICIA AND JAMES DALLAROSA
PAGE 5
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property. until the Use by Special Review map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Motion seconded by Michael Wailes
VOTE:
For Passage Against Passage
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Absent
Bruce Johnson
Gene Stille
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 September 5, 2017.
Dated the 5"' of September, 2017
4.5\1.6.6/1-t- f YUv m.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Nina May Wilder, Patricia Wilder Dallarosa, and James Richard Dallarosa
USR17-0035
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0035, 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 (motorcycle restoration) provided that the property is not a lot in an approved or recorded
subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions and 11 cargo containers in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 9:00 a.m. to 6:00 p.m. Monday thru Friday. (Department of Planning
Services)
4. The number of employees shall be one (1) (owner/operator). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7 This site is located within the Geological Hazard Overlay District. (Department of Planning Services)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
13. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
16. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
RESOLUTION USR17-0035
NINA MAY WILDER AND PATRICIA AND JAMES DALLAROSA
PAGE 7
17. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Left Hand
Water District) (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused
with, or construed as, traffic control devices. (Department of Planning Services)
21. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2014 National Electrical Code; A building permit application must be completed and two complete
sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or an open hole inspection. (Department of Building Inspection)
22. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
23. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
24. 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.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of
the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
RESOLUTION USR17-0035
NINA MAY WILDER AND PATRICIA AND JAMES DALLAROSA
PAGE 8
26. 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.
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.
�C Mwks
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 5, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross. Tom Cope.
Absent: Bruce Johnson and Gene Stille.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Hayley Balzano. Department
of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health: Evan
Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 15. 2017 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION.
USR17-0035
NINA MAY WILDER. PATRICIA WILDER DALLAROSA, AND JAMES RICHARD
DALLAROSA
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (MOTORCYCLE RESTORATION) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS AND 11 CARGO
CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT.
EAST 10 ACRES OF WEST 30 ACRES LOCATED IN S2SW4 SECTION 9, T1 N,
R68W OF THE 6TH P.M., WELD COUNTY. COLORADO.
NORTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 640 FEET
EAST OF CR 5.
Diana Aungst, Planning Services, presented Case USR17-0035, reading the recommendation and
comments into the record. Ms. Aungst stated that seven letters of support were submitted by surrounding
property owners. She added that one letter of objection was received from a surrounding property owner
outlining concerns of property values, leaking motorcycles, storage of gasoline and solvents, obstruction of
views, noise and traffic. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. Ms. Aungst added that the cargo
containers are somewhat visible from the road, however she didn't believe they are outdoor storage and
therefore did not recommend any additional screening for the site.
Evan Pinkham, Public Works. reported on the existing traffic and access to the site.
Hayley Balzano, Engineering. reported on the drainage conditions for the site.
Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
James Dallarosa, 2181 CR 10, played a video of what it is that he does with the restoration of motorcycles.
Mr. Dallarosa stated that he is devoted to preserving history of motorcycles. He said that there is essentially
no traffic to this site and noise is not a problem as the motorcycles are not operated on site. Additionally,
there is no painting on site so there are no odors or hazardous waste. Mr. Dallarosa stated that he works
on 2 to 5 motorcycles per year. He believes he is compatible with the surrounding uses in his
neighborhood. The use of the storage containers is rather inexpensive to buy rather than build a new
structure. He added that in the future they hope to subdivide their property and do not want to build a
building that would be in the way of dividing their property.
Commissioner Jemiola asked if the motorcycles are restored inside and how the applicant takes care of
leaking solvents or paint. Mr. Dallarosa said that there is no painting done on site. Most of the vehicles he
gets are drained prior to coming to his property. He doesn't use solvents as he uses biodegradable
materials or an ultrasonic cleaner. Any grease or products from cleaning the motorcycles are brought to
Weld Count Hazardous Waste. A lot of his time is spent sourcing information on the computer rather than
actually working on them.
Commissioner Wailes said that it seems like this business is at a hobby level. Mr. Dallarosa said that he
does not make a lot of money from this but it is his livelihood.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mike Powell. 2111 CR 10, stated that there are a lot of false statements in this application. He submitted
pictures of the area into the record. Mr. Powell said that old motorcycles have lead paints and asbestos in
the brake lines and brakes. He is concerned with the big trucks that come to this business, devaluating his
land and his views and decreasing his property values.
Commissioner Jemiola asked if screening is required when there is a complaint from a surrounding property
owner. Ms. Aungst said that the Weld County Code states that outdoor storage shall be screened from
surrounding property owners and public rights -of -way. In this case, Mr. Powell is a surrounding property
owner. She added that although it is not outdoor storage there is no reason that screening cannot be
required on that side. She suggested adding it as Condition of Approval 1.C if the Planning Commission
wants to add it.
Commissioner Wailes referred to the pictures submitted and didn't see any of the containers in the pictures.
Mr. Powell said the pictures show the flooding or draining from all the properties in the area. He said that
the rust from the containers are going everywhere.
Andy Call. 2101 CR 10, said that he just bought property adjacent to the applicant's property and they don't
hear any noise or see any parking along the roadway. He added that he didn't even know the applicant
operated this business until the he came to visit with him about this case.
Marvin Bowers, 4260 CR 5, stated that his property backs up to the applicant's property on the north side.
He said that his property gets all of the drainage in the area and has never seen any contamination. Mr.
Bowers said that he has been all over the applicant's property and there are no batteries or solvents leaking.
He added that the cargo containers are spotless. He said all of this started with the lot lines being in the
wrong place.
The Chair referred to the potential condition of approval regarding screening. Commissioner Wailes
suggested painting the containers all one color and then they could be used as screening for the site.
Commissioner Cope said that he is not opposed to utilizing cargo containers as screening as they are less
obtrusive than a house.
Ms. Aungst suggested adding a Condition of Approval 1.B.11 to read The map shall delineate the
landscaping and/or screening".
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.
Motion: Add Condition of Approval 1.B.11 as stated by staff. Moved by Jordan Jemiola, Seconded by
Tom Cope. Motion carried unanimously.
Motion: Forward Case USR17-0035 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval. Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Bruce Sparrow, Jordan Jemiola. Michael Wailes, Terry Cross, Tom Cope.
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Meeting adjourned at 4:07 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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