HomeMy WebLinkAbout20062282.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#1493 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICT (COMMERCIAL JUNKYARD AND SALVAGE YARD) IN THE
1-3 (INDUSTRIAL) AND A (AGRICULTURAL) ZONE DISTRICTS - COPART,
INC./STEPHAN BRANCUCCI, C/O GLEN DROEGEMUELLER
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 13th day of
September,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Copart, Inc./Stephan Brancucci,4655 Business Center Drive,Fairfield,California
94534,for a Site Specific Development Plan and Amended Use by Special Review Permit#1493
for a Use by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone
District (commercial junkyard and salvage yard) in the 1-3 (Industrial)and A(Agricultural) Zone
Districts on the following described real estate, being more particularly described as follows:
Part of the NE1/4 SE1/4 and Lots A and B of
Recorded Exemption#3932;being part of Section 30,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Glen Droegemueller, 1035 37th Avenue
Court, Greeley, Colorado 80634, at said hearing, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-150.B.4(I Policy 2.4)states:"Promote industrial development
that is appropriately located in relation to surrounding land uses and that
meets necessary environmental standards". Development Standards and
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AMENDED USR#1493-COPART, INC./STEPHAN BRANCUCCI,CIO GLEN DROEGEMUELLER
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Conditions of Approval will ensure that the proposed use will be compatible
with the region. Use by Special Review Permit(USR)#1493 was originally
approved by the Board of County Commissioners on March 30, 2005 on
46 +/- acres for a Use by Special Review in the Industrial Zone District
(commercial junkyard or salvage yard) in the 1-3(Industrial)Zone District.
This amendment is to include two additional parcels with a total of 59.5+/-
acres for the same uses as originally permitted. A single family home and
USR#1402,fora maintenance shop and storage are located to the north of
the site,and USR#969,for a water ski club is located to the west of the site.
The properties to the south are zoned 1-3 (Industrial). The Union Pacific
Railroad is located to the east of the site along with Greenleaf Wholesale
Florist, Inc.
b. Section 23-2-230.B.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
provides for a commercial junkyard or salvage yard as a Use by Special
Review in the 1-3 (Industrial) Zone District. In the A (Agricultural) Zone
District, Section 23-3-40.R of the Weld County Code provides for any Use
Permitted as a Use by Right,an Accessory Use,ora Use by Special Review
in the Commercial or Industrial Zone District. The Amended Special Use
Permit is to enlarge the site for Copart, Inc.,for the processing and selling of
intact insurance damaged vehicles.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is currently operating under
USR#1493. A single family home and USR#1402,fora maintenance shop
and storage, are located to the north of the site, and USR#969,for a water
ski club, is located to the west of the site. The properties to the south are
zoned 1-3(Industrial). The Union Pacific Railroad is located to the east of the
site along with Greenleaf Wholesale Florist, Inc. The applicant has
delineated on the plat an eight(8)foot high solid fence along the perimeter
of the site. The proposed Screening Plan is for the outdoor storage of
vehicles, equipment, or materials from adjacent properties and future
rights-of-way. The USR#1493 boundary is currently screened, along with
one of the additional lots included in this amendment on the north side
adjacent to Weld County Road 27. A four(4)acre-site located in the center
of the site is designated as a storage area for non-standard vehicles.
Development Standard#30 states: "All outdoor storage materials exceeding
eight (8) feet in height shall be located within the four acre non-standard
vehicle area as shown on the plat for the screening of the outdoor storage."
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 site is
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located within the three-mile referral area for the Cities of Fort Lupton and
Brighton and Adams County. Adams County did not respond to the referral,
indicating no concern with its interests. The City of Fort Lupton,in its referral
dated May 31,2006,indicated that they have reviewed the request and find
no conflict with its interests. The City of Brighton, in its referral dated
June 23,2006,outlined its concerns in regards to the Industrial Zone District,
vandalism of the fencing, landscaping treatments, height restriction
(screening of vehicles),and how the site is compatible with the Weld County
Code. Specifically,the City of Brighton is requesting the following two items:
1) An adjustment of the Site Plan,in order to set the fence furtherwithin
the property,the placement of evergreen trees on the outside of the
fence along Weld County Road 27,in order to provide visual breaks
in the fence, and to decrease vast expanses of fencing,which may
help deter vandals in "tagging" the perimeter fencing. If this is not
acceptable,the City will ask that a requirement be added for routine
maintenance of the perimeter fence, and
2) The storage of material over eight (8) feet in height will not be
allowed. If this is not acceptable,the City will ask that a requirement
be added such that additional screening measures are taken on the
west side of the property in order to block views onto the site from
United States Highway 85 due to elevation changes between the
roadway and site.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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
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 and the Stormwater Drainage Impact Fee.
f. 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 Copart, Inc./Stephan Brancucci,c/o Glen Droegemueller
fora Site Specific Development Plan and Use by Special Review Permit#1493 for a Use by Right,
Accessory Use,or Use by Special Review in the Commercial or Industrial Zone District(commercial
junkyard and salvage yard)in the 1-3(Industrial)and A(Agricultural)Zone Districts on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
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AMENDED USR#1493-COPART,INC./STEPHAN BRANCUCCI,CIO GLEN DROEGEMUELLER
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1. Prior to recording the plat:
A. The applicant shall address the requirements from the Department of Public
Works, as stated in the referrals dated May 30, 2006 and June 21, 2006.
Evidence of approval shall be submitted to the Department of Planning
Services.
B. The applicant shall attempt to address the requirements and concerns of the
City of Brighton, as stated in the referral response dated June 21, 2006.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
C. The applicant shall amend the Screening Plan to include the maintenance of
the perimeter fence.
D. The plat shall be amended to delineate the following:
1) All sheets shall be labeled AMUSR-1493.
2) The attached Development Standards.
3) Weld County Road 27 is designated on the Weld County Road
Classification Plan as a major arterial road,which requires 140 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 70 feet from the centerline of Weld County
Road 27 shall be delineated on the plat as right-of-way reservation for
future expansion. This road is maintained by Weld County.
4) The existing north access by the office building shall be utilized as
the main access point for employees and vehicles. The secondary
access is a dirt access with a gate to provide access to the pump
house directly south of the main access gate.
5) The vehicle storage area shall be surfaced with gravel, or the
equivalent,and shall be graded to prevent drainage problems. The
plat drawing identifies a 30-foot-wide roadway for traffic flow
throughout the facility. All access isles will have a typical maximum
outside radius of 50 feet and a typical minimum inside radius of
30 feet.
6) The forty-one(41)parking spaces, as outlined on the plat, shall be
appropriately striped and equipped with wheel guards,where needed,
to prevent vehicles from extending beyond the boundaries of their
spaces and coming into contact with other vehicles, walls, fences,
sidewalks,or plantings. The applicant has paved the approach of the
existing office building and new parking lot area.
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7) The applicant shall provide a Lighting Plan. Should exterior lighting
be a part of this facility,all light standards shall be delineated on the
plat and be in accordance with Section 23-3-250.B.6 of the Weld
County Code.
E. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
F. 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 Weld County staff and accepted by the Board of County Commissioners
prior to recording the USR plat.
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 thirty(30)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 the surveyor provide a
digital copy of this Amended Use by Special Review. Acceptable CAD formats are
.dwg,.dxf,and.dgn(Microstation);acceptable GIS formats are ArcViewshapefiles,
Arclnfo Coverages and Arclnfo Export files format type is.e00. 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 thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
5. The Amended Use by Special Review activity shall not occur,nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
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AMENDED USR#1493-COPART, INC./STEPHAN BRANCUCCI,C/O GLEN DROEGEMUELLER
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of September, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
���� WELD C NTY, COLORADO
0 ATTEST: 44/4 /� 1 ` 77 BL
M. eile, Chair
`Weld County Clerk to the B d `�
David E. Long, Pro-Tem
BY:
Deputy Clerk o the B rd •
Wily Jer
AP AS TO F
Robert D asden
my Attorney
Glenn Vaad
Date of signature: /0/5/06
2006-2282
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COPART, INC./STEPHAN BRANCUCCI, C/O GLEN DROEGEMUELLER
AMUSR#1493
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1493 is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District (commercial junkyard or salvage yard) in the
1-3(Industrial)and A(Agricultural)Zone Districts,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. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial or Industrial Zone District as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. 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.).
11. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
12. All potentially hazardous chemicals must be stored and 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.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. If applicable,the applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations.
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DEVELOPMENT STANDARDS - COPART, INC./STEPHAN BRANCUCCI, C/O GLEN
DROEGEMUELLER (AMUSR#1493)
PAGE 2
15. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
16. A building permit shall be obtained prior to the construction of any new building,addition,or
remodel of existing buildings. A building permit is required for change of use of any existing
buildings.
17. The buildings will probably be classified as follows: Mixed Use B (Office) and
S-1 (Warehouse)occupancies. Mixed use S-1 (Warehouse)and S-2 (Vehicle Storage).
Fire resistance of walls and openings,construction requirements,maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
18. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following has been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2003 International Fuel Gas Code, and the 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
19. Building height shall be measured in accordance with the 2003 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.
20. Building height,wall and opening protection,and limitations and separation of buildings of
mixed occupancy classifications shall be in accordance with the 2003 International Building
Code. Setback and offset distances shall be determined by the Weld County Code.
21. The maximum amount of indoor and outdoor storage of nonflammable solids and
nonflammable and non-combustible liquids shall not exceed the amounts in Table 414.2.4
of the International Building Code.
22. The site will be limited to the storage of a range of vehicles assigned to the user of the
property by insurance companies for potential sale. Those vehicles have included: cars,
trucks, sport utility vehicles, vans, recreational vehicles, buses, semis, tractor-trailers,
trailers, motorcycles,all-terrain vehicles,scooters,mopeds,boats,jet-skis,small tractors,
backhoes, and bulldozers as indicated in the application material.
23. The hours of operation are Monday through Friday, 7:00 a.m. to 6:00 p.m. There shall be
no weekend hours, as indicated in the application material.
24. The site shall not have more then twenty(20)employees on the site at any given time, as
indicated in the application material.
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DEVELOPMENT STANDARDS - COPART, INC./STEPHAN BRANCUCCI, C/O GLEN
DROEGEMUELLER (AMUSR#1493)
PAGE 3
25. No vehicle dismantling, crushing, or sale of parts shall occur on the site.
26. Parking of vehicles shall be limited to exterior surface parking only,no stacking of vehicles
is allowed. The warehouse structures shall not be utilized to store vehicles or vehicle parts.
27. Until the right-of-way for Weld County Road 27 is necessary for a public road,the applicant
may install and maintain fencing within the future right-of-way. The applicant agrees to
waive compensation for the value and expense of removing the improvements. The
applicant will be responsible for relocating the fence outside of the future right-of-way at the
time of the future expansion.
28. The Amended Use by Special Review Permit was originally granted to Copart, Inc., a
company that provides services to insurance companies relating to the processing and
selling of intact insurance damaged vehicles. This Amended Use by Special Review Permit
may be transferred by Copart, Inc.to any company which acquires Copart, Inc.,and intends
to continue the operation of the property without change from those conditions identified in
this Amended Use by Special Review Permit. In the alternative, Copart, Inc. may transfer
this Amended Use by Special Review Permit to any"related entity"which is defined to mean
an entity in which Copart, Inc.is a shareholder, member of a limited liability company,or an
owner of a company which is a subsidiary of Copart, Inc.,ora related entity of Copart, Inc.,
provided that Copart, Inc.delivers to Weld County a Notice of Transfer 30 days prior to the
completion of that transfer,and identifies the relationship or ownership interest that Copart,
Inc.will have in the related entity. No other transfer by Copart, Inc.of this Amended Use by
Special Review Permit shall be permissible. Any other transfer of interest of the prescribed
property shall cause automatic termination of the Amended Use by Special Review Permit.
29. The application does not propose any portion of the site to be leased to another party. In the
event that a portion of the building is proposed to be leased to another party in the future,the
applicant shall submit a copy of the lease agreement, and information regarding the
proposed use of the leased portion, to the Weld County Building Inspection Department,
Greater Brighton Fire Protection District, and the Department of Planning Services for
review. Based upon the proposed use and/or impacts of the leased portion,the Department
of Planning Services may require an Amended Use by Special Review application. This
condition shall not prevent Copart, Inc.from leasing a portion of a building as an office to an
insurance company with whom Copart, Inc.regularly conducts business. Copart, Inc.shall
notify Weld County of any such lease, and provide Weld County with a copy of the lease,
however, such leasing will not require an Amended Use By Special Review Application.
30. All outdoor storage materials exceeding eight(8)feet in height shall be located within the
four-acre"non-standard vehicle area"as shown on the plat for the screening of the outdoor
storage.
31. The four-acre"non-standard vehicle area"shall be identified and maintained on the site at
all times.
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DEVELOPMENT STANDARDS - COPART, INC./STEPHAN BRANCUCCI, C/O GLEN
DROEGEMUELLER (AMUSR#1493)
PAGE 4
32. 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 Program.
33. 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 Infrastructure Impact Fee.
34. The landscaping on the site shall be maintained in accordance with the approved Screening
Plan.
35. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion,recompletion,re-entry,production,and
maintenance operations associated with existing or future operations located on these
lands.
36. Larger equipment, semi-tractor-trailer rigs/low boys, shall not utilize Weld County Road 6
to access the site.
37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
39. 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.
40. The Amended 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 an amendment of the Permit approved by the Weld County Board of County
Commissioners, before such changes from the plans or Development Standards will be
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
41. 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.
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