HomeMy WebLinkAbout20110258 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1761 FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD (LEASING
AND SALES OF VEHICLES AND EQUIPMENT, AND VEHICLE SERVICE/REPAIR) IN
THE C-3 (COMMERCIAL) ZONE DISTRICT- BRUCE AND JANET RICHARD
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 2nd 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 Bruce and Janet Richard, 11580 Holly Street, Thornton, Colorado
80233, for a Site Specific Development Plan and Use by Special Review Permit#1761 for a
Commercial Junkyard or Salvage Yard (leasing and sales of vehicles and equipment, and
vehicle service/repair) in the C-3 (Commercial) Zone District, on the following described real
estate, being more particularly described as follows:
Lot 3, 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 applicants were present 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 applicants 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 applicants have
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.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Previously the
property was in violation (VI-0500004) due to the presence of a
Commercial Junkyard/Salvage Yard without an approved and recorded
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SPECIAL REVIEW PERMIT#1761 - BRUCE AND JANET RICHARD
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Use by Special Review (USR) permit; however, upon approval from the
Board of County Commissioners, and recording of the plat, the violation
will be closed.
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.B.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is located 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, Weld
County Code), Operation Standards (Section 23-2-250, 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 Bruce and Janet Richard, for a Site Specific
Development Plan and Use by Special Review Permit #1761 for a Commercial Junkyard or
Salvage Yard (leasing and sales of vehicles and equipment, and vehicle service/repair) 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 applicants shall contact the Colorado Department of Transportation
(CDOT) and the City and County of Broomfield concerning access to the
realigned Frontage Road at this location. Written evidence of an
approved access permit shall be provided to the Department of Planning
Services.
B. The applicants shall provide a Landscape and Screening Plan, for review
and approval, to the Department of Planning Services.
C. The applicants shall provide written evidence to the Department of
Planning Services that the proposed commercial facility complies with
Section 23-2-260.E.2 (proof of adequate water supply) of the Weld
County Code.
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SPECIAL REVIEW PERMIT#1761 - BRUCE AND JANET RICHARD
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D. The application materials do not address property maintenance. The
applicants shall submit written evidence to the Department of Planning
Services detailing how the property will be in compliance with
Section 23-3-250.6.7 of the Weld County Code.
E. 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. 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.
5. The location and screening of the dumpster location as outlined in
Section 23-3-250.A.6 of the Weld County Code.
6. All recorded easements shall be shown and dimensioned on the
plat, including the book and reception number, if applicable.
7. The parking area shall be delineated on the plat with, at a
minimum, fifteen (15) parking spaces for customers, one of which
should meet the intent of the American's with Disabilities
Act (ADA), and four(4) for the employees.
8. The utility and drainage easement located adjacent to the south
property line shall remain clear of all encumbrances.
9. That portion of a lot in any Commercial Zone District which abuts
a public or private street right-of-way shall be landscaped for a
distance of ten (10) feet, and measured at a right angle from the
lot line towards the interior of the lot, pursuant to
Section 23-3-250.A.5.B of the Weld County Code.
F. The applicants shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
G. The applicants 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
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SPECIAL REVIEW PERMIT#1761 - BRUCE AND JANET RICHARD
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shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
H. The applicants shall provide evidence to the Weld County Department of
Public Health and Environment that the well has been appropriately
permitted and installed to provide for potable water and sanitary use for
the facility, or that there is an adequate water supply for the commercial
business.
2. Upon completion of Condition of Approval #1 above, the applicants 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 one
year (365 days) from the date of the Board of County Commissioners Resolution.
The applicants 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 the required one year (365 days)
from the date the Board of County Commissioners approval was signed, a
$50.00 recording continuance charge may be added for each additional three (3)
month period.
5. Prior to the Release of Building Permits:
A. An application and building permit are required for each structure that is
constructed or has a change of use. A plan review is required for each
building or structure for which a building permit is required. Two (2)
complete sets of plans are required when applying for each permit. The
applicants shall include a Code Analysis Data Sheet for the Weld County
Department of Building Inspection for each structure that requires a
permit. Submittal plans shall include a floor plan showing the specific
uses of each area for the building. Plans shall bear the wet stamp of a
Colorado licensed architect or engineer.
B. 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, 2006
International Energy Code, 2006 International Fuel Gas Code, 2008
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National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
C. All building plans shall be submitted to the Mountain View Fire Protection
District, for review and approval, prior to the issuance of building permits.
D. 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. Prior to the issuance of the Certificate of Occupancy:
A. A final inspection of the occupancy will be required by a member of the
Mountain View Fire Protection District.
7. 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 2nd day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: � � ,-
V �• �� , %.arbara Kirkmeyer, air
Weld County Clerk to the a t♦
r,p ay,e
raeputy Clerk to the Bo „'y
Wi is . G-rcia
AP-PRthED n FORM: c-A
/ David =. Long
VVV
County Attorney EXCUSED
Douglas Rademacher
Date of signature: ape:a/czii
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRUCE AND JANET RICHARD
USR#1761
1. The Site Specific Development Plan and Use by Special Review Permit #1761 is for a
Commercial Junkyard or Salvage Yard (leasing and sales of vehicles and equipment,
and vehicle service/repair) in the C-3 (Commercial) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Construction shall be in accordance with the provisions of the International Fire Code, as
ratified by the Weld County Commissioners, and all other applicable codes and
ordinances.
4. There is no water supply for fire protection to the site. When the building is enlarged or
the use changes, an additional water supply for fire protection may be required.
5. 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.
6. 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, 2006 International Energy Code, 2006 International Fuel Gas Code,
2008 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29 of
the Weld County Code.
7. 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.
8. 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.
9. 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.
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10. 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.
11. The applicants shall operate in accordance with the approved Waste Handling Plan.
12. 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.
13. 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.
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
17. 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.
18. 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.
19. If applicable, the applicants shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. This application is proposing a well as its source of water. The applicants 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). The applicants should also be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicants are strongly
encouraged to test their drinking water prior to consumption and periodically thereafter.
22. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
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23. 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.
24. 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 Programs.
25. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan.
26. 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 applicants/landowners shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of
twelve (12) inches until the area is completely developed.
27. Weld County is not responsible for the maintenance of drainage related features.
28. This area IS NOT in a Special Flood Hazard Area (SFHA), as determined by the Federal
Emergency Management Agency (FEMA).
29. Geo-Hazard Development Permit number GHDP-20 was developed for this site and
must be referenced for all future building construction, including site grading.
30. The site shall be limited to no more than twenty (20) employees.
31. As indicated by the application, the hours of operation shall be limited to Monday
through Friday, 8:30 a.m., to 5:00 p.m.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. 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 Development Standards stated herein and all applicable Weld County
regulations.
35. 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.
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36. The property owners or operators 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.
37. 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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