HomeMy WebLinkAbout20110473.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1765 FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD,
OFFICES, AND OUTDOOR STORAGE (CONSTRUCTION COMPANY) IN THE
C-3 (COMMERCIAL) ZONE DISTRICT - CORONET INVESTMENT, LLC, C/O KURT
ALTHEN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 16th day
of February, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Coronet Investment, LLC, c/o Kurt Althen, 592 Fallen Leaf Way,
Incline Village, Nevada 89451, for a Site Specific Development Plan and Use by Special Review
Permit#1765 for a Commercial Junkyard or Salvage Yard, Offices, and Outdoor Storage
(construction company) in the C-3 (Commercial) Zone District, on the following described real
estate, being more particularly described as follows:
Lot 2, Althen Boyer Subdivision; being part of the
SW1/4 of Section 23, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kurt Althen, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the C-3 (Commercial) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses.
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SPECIAL REVIEW PERMIT#1765 - CORONET INVESTMENT, LLC, C/O KURT ALTHEN
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d. Section 23-2-230.B.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.
e. Section 23-2-230.6.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is within the C-3 (Commercial) Zone District,
therefore, this criteria is not applicable.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Coronet Investment, LLC, c/o Kurt Althen, for a
Site Specific Development Plan and Use by Special Review Permit #1765 for a Commercial
Junkyard or Salvage Yard, Offices, and Outdoor Storage (construction company) in the
C-3 (Commercial) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any vehicle maintenance facility located on the site that
is equipped with a floor drain. Alternately, the applicant may provide
evidence from the EPA that they are not subject to the EPA Class V
requirements, or provide evidence to Weld County Department of Public
Health and Environment that the floor drain has been sealed or drains
into a separate watertight vault; not into the septic system.
B. The applicant shall contact the Colorado Department of Transportation
and the City and County of Broomfield concerning access to the realigned
Interstate 25 Frontage Road at this location. Written evidence of an
approved access permit shall be provided to the Department of Planning
Services.
C. Section 23-3-250.A.9 of the Weld County Code states, "Outside Storage.
Uses in Commercial Zone Districts involving outdoor storage of vehicles,
equipment, or materials, when permitted, shall be screened from public
rights-of-way and all adjacent properties." Section 23-3-250.A.5.a of the
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Weld County Code states, "No more than eighty-five percent (85%) of the
total area of a lot in any Commercial Zone District shall be covered. Land
shall not be deemed covered if it is used for growing grass, shrubs, trees,
plants or flowers, or if covered by decorative gravel or wood chips, or if it
is otherwise suitably landscaped." Therefore, the applicant shall provide
a Landscape and Screening Plan, for review and approval, to the
Department of Planning Services that addresses Sections 23-3-250.A.9
and 23-3-250.A.5.a of the Weld County Code. Said Plan shall require
maintenance of the existing landscaping and provide for screening of the
outdoor storage area from residential properties in the vicinity, as
appropriate.
D. The applicant shall provide evidence to the Weld County Departments of
Public Health and Environment and Planning Services that the well has
been appropriately permitted with the Colorado Division of Water
Resources, or that there is an adequate water supply for the commercial
business.
E. The application materials do not address property maintenance. The
applicant shall submit written evidence to the Department of Planning
Services detailing how the property will remain in compliance with
Section 23-3-250.6.7 of the Weld County Code.
F. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated September 27, 2010. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning
Services.
G. The applicant shall submit a written request to the Weld County
Department of Planning Services to vacate Site Plan Review, SPR-363.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1761.
2) The attached Development Standards.
3) The approved Landscape and Screening Plan.
4) Show the water quality feature on the plat and label it as "Water
Quality, No build or Storage Area".
5) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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6) Should exterior lighting be a part of this facility, all light standards
shall be delineated in accordance with Section 23-3-250.B.6 of the
Weld County Code.
7) 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. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
8) All recorded easements shall be shown and dimensioned on the
plan, including the book and reception number.
9) The Department of Planning Services has determined from the
application materials that eight (8) parking spaces and one (1)
ADA (Americans with Disabilities Act) parking space will be
required on the site. Each parking space shall be equipped with
wheel guards, where needed, to prevent vehicles from extending
beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences, sidewalks, or plantings. The
off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete or the equivalent and shall
be graded to prevent drainage problems.
10) The sign shall be located to meet setbacks and adhere to
Chapter 23, Article IV, Division 2, of the Weld County Code.
The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements, or enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements (access drive, parking
areas, plant materials, fencing, screening, etcetera) and post adequate
collateral for all required materials. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
J. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
2 Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within
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one (1) year (365 days) from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within one (1) year (365 days) from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge may be added for each additional three (3) month period.
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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CORONET INVESTMENT, LLC, C/O KURT ALTHEN
USR#1765
1. The Site Specific Development Plan and Use by Special Review Permit #1765 is for a
Commercial Junkyard or Salvage Yard, Offices, and Outdoor Storage (construction
company) in the C-3 (Commercial) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit.
Building plans shall also be submitted to the Mountain View Fire Protection District for
approval.
4. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2008 National Electrical Code, 2006 International Energy Code, 2006
International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29 of
the Weld County Code.
5. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
6. 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 which protects against surface and groundwater contamination.
7. 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 Waste Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. 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, at all
times.
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(USR#1765)
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11. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air
pollutants and volatile organic compounds. All chemicals must be stored securely, on
an impervious surface, and in accordance with manufacturer's recommendations.
16. Floor drain wastes shall be captured in a watertight vault and hauled off for proper
disposal. Records of installation, maintenance, and proper disposal shall be retained.
17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test their drinking water prior to consumption and periodically test it over
time.
20. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
21. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
22. 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.
23. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan. Said Plan shall require maintenance of the existing
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(USR #1765)
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landscaping and provide for screening of the outdoor storage area from residential
properties in the vicinity, as appropriate.
24. 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.
25. Weld County is not responsible for the maintenance of drainage related features.
26. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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