HomeMy WebLinkAbout20102156.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1744 FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD IN THE
1-3 (INDUSTRIAL) ZONE DISTRICT - GUADALUPE, ROSE, AND JOSE CHAVEZ,
C/O IMPORT LINE, LLC
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 22nd day
of September, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Guadalupe, Rose, and Jose Chavez, P.O. Box 314, Hudson,
Colorado 80642, do Import Line, LLC, Attn: Andy Le, 987 U.S. Highway 85, Brighton, Colorado
80603, for a Site Specific Development Plan and Use by Special Review Permit #1744 for a
Commercial Junkyard or Salvage Yard in the 1-3 (Industrial) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the N1/2 NE1/4 NW1/4, and part of the N1/2
NW1/4 NE1/4, in Section 31, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Andy Le, Import Line,
LLC, and Tim Youngpeter, 3001 South Jamaica Court, Suite 100, Aurora, Colorado 80014, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-80.F (I.GOAL 6) states, "Minimize the incompatibilities that
occur between industrial uses and surrounding properties." The applicant
has indicated the use will be screened from adjacent properties and
public rights-of-way.
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SPECIAL REVIEW PERMIT#1744 - GUADALUPE, ROSE, AND JOSE CHAVEZ, C/O IMPORT
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b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the 1-3 (Industrial) Zone District. Section 23-3-330.D.3 of the Weld
County Code allows for A Site Specific Development Plan and Use by
Special Review Permit for a Commercial Junkyard or Salvage Yard in the
1-3 (Industrial) Zone District. Previously, the property was in violation
(VI #0100259) for the operation of a commercial business without an
approved and recorded Use by Special Review (USR) permit; however,
the violation will now be closed.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the south and west are zoned A (Agricultural); the properties
to the north and east are zoned 1-3 (Industrial). The property is located
within the three-mile referral area for the cities of Brighton and Fort
Lupton and Adams County. The City of Fort Lupton indicated, in its
referral dated April 27, 2010, is has no conflicts with the proposed
development. The City of Brighton and Adams County did not respond to
the referral request. No comments have been received from surrounding
property owners and the applicants have indicated they will continue to
screen the property from adjacent properties and public rights-of-way.
Therefore, the impact of the proposed use will be compatible with the
surrounding land uses.
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. The property is not located within an Intergovernmental
Agreement (IGA) area; however, it is within the three-mile referral area for
the Cities of Brighton and Fort Lupton and Adams County. The City of
Fort Lupton indicated, in the referral dated April 27, 2010, it has no
conflicts with the proposed development. The City of Brighton and
Adams County did not respond to the referral request. The surrounding
area is a combination of Agricultural and Industrial lands, and the
Conditions of Approval and Development Standards will ensure that the
use will be compatible with existing surrounding land uses.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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. 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 Program.
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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 subject site is classified as "Other," as delineated on
the Important Farmlands of Weld County map, dated 1979. This size of
the parcel is 6.9 acres and it is currently developed, therefore, it is not
conducive to agricultural uses. The site is zoned 1-3 (Industrial) and has
been utilized for Industrial uses since 1984.
g. Section 23-2-230.B.7 -- There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. The Design Standards (Section 23-3-350 of the Weld
County Code), Operation Standards (Section 23-3-360 of the Weld
County Code), Conditions of Approval, and Development Standards will
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 Guadalupe, Rose, and Jose Chavez, c/o Import
Line, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1744 for a
Commercial Junkyard or Salvage Yard in the 1-3 (Industrial) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1744.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. 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 which will prevent trash from
being scattered by wind or animals.
E. The applicant shall show all easements as defined in RE-5019.
F. Parking areas shall be screened from adjacent properties and public
rights-of-way, and shall be paved.
G. The addition of the note: "Weld County is not responsible for the
maintenance of drainage related features."
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H. The plat shall label the type of screening, including the height and
materials.
The sign shall be located to meet setbacks and adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
J. The Department of Planning Services has determined from the
application materials that seven (7) 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.
K. The plat shall delineate a loading area.
L. That portion of a lot in the Industrial Zone District which abuts a public or
private street right-of-way shall be landscaped for a distance of ten (10)
feet.
M. No more than 85 percent of the total area of a lot shall be covered. Land
shall not be deemed covered if it is used for growing grass, shrubs, trees,
plants, or flowers, covered by decorative gravel or wood chips, or
otherwise suitably landscaped.
N. The plat shall delineate any lighting used on the site.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
April 12, 2010. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements, and post adequate collateral for all
transportation (access drive, parking areas, etcetera) and non-transportation
(fencing, screening, drainage etcetera) improvements. The agreement and form
of collateral shall be reviewed by County staff, and accepted by the Board of
County Commissioners, prior to recording the USR plat. The applicant may
submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works.
4. The applicant shall submit a Screening/Landscaping Plan, to the Weld County
Department of Planning Services, for review and approval.
5. Upon completion of Conditions of Approval #1 through #4 above, the applicant
shall submit three (3) paper copies of the plat, for preliminary approval, to the
Weld County Department of Planning Services. Upon approval of the paper
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copies, 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 thirty (30) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) 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.
7. 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.
8. 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 22nd day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
s c — WELD COUNTY, COLORADO
ATTEST: E
d u I Rade acher, C it
Weld County Clerk tote
rbara Kirkmeyer, ro-Tem
BY: 2 d '�
Deputy Clerk to the Boat, P
an P. Conway ClD
APPR D AS T M: —�
WiIIF. Gard
unty torney � c„
/� David E. Long
7/Date of signature: � �(
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GUADALUPE, ROSE, AND JOSE CHAVEZ
CIO IMPORT LINE, LLC
USR-1744
1. A Site Specific Development Plan and Use by Special Review Permit #1744 is for a
Commercial Junkyard or Salvage Yard in the 1-3 (Industrial) Zone District, and is 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. The number of employees shall be limited to five (5).
4. 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.
5. 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.
6. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. 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.
9. This 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.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and clients of the facility, at all times.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations.
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
13. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner which minimizes the release of hazardous air
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pollutants and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
17. 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.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-3-350 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-3-360 of the Weld County Code.
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.
21. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
22. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
23. Weld County Government personnel 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.
24. 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.
25. 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,
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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.
26. 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.
27. 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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