HomeMy WebLinkAbout20062653.tiff RESOLUTION
RE: APPROVESITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#1476 FORA BUSINESS(COMMERCIALJUNKYARDORSALVAGE
YARD,THE LEASING AND SALES OF VEHICLES AND EQUIPMENT,AND VEHICLE
SERVICE/REPAIR)IN THE C-3(COMMERCIAL)ZONE DISTRICT-FUSARO,LLC,C/O
DONNIE FETTERS, JR.
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 11th day of
October, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Fusaro, LLC, c/o Donnie Fetters, Jr., 1751 Weld County Road 29, Fort Lupton,
Colorado 80621,for a Site Specific Development Plan and Amended Use by Special Review Permit
#1476 for a Business(commercial junkyard or salvage yard,the 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 4 of 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, said applicant was represented by Brian Larson, attorney, 60 South
27th Avenue, Brighton, Colorado 80607, at said hearing, and
WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of
said Amended 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 Chapter22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-170.C(C.Goal 3)states, "Address the compatibility of
commercial land uses with adjacent land uses." Conditions of
Approval have been included to ensure the site does not have an
adverse impact on the surrounding properties. The surrounding
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properties are commercial in nature with outdoor storage. Properties
to the north, south, and east are zoned Commercial (C-3). 1-25 is to
the west of the site, followed by agriculturally zoned property.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
C-3 (Business Commercial) Zone District. Sections 23-3-230.D.5,
23-3-230.B.4, 23-3-230.6.7, and 23-3-230.B.8 of the Weld County Code
provides for a commercial junkyard or salvage yard,the leasing and sales of
vehicles and equipment,and vehicle service/repair in 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. Althen Boyer Subdivision is zoned
C-3 (Business Commercial). The property to the north consists of
B and J Used Auto Sales with outdoor storage, and the property to the south
consists of Dunlap Trailer Sales with outdoor storage. 1-25 runs north-south
along the western side of the property,and the City and County of Broomfield
surround the Althen Boyer Subdivision on the east, south, and north.
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
not located within an Intergovernmental Agreement Area or other overlay
districts. The site is located within the three-mile referral areas for the City
and County of Broomfield, Adams County, Town of Erie, and Cities of
Northglenn and Dacono. The Town of Erie reviewed the request and found
no conflicts with its interests. The Town of Dacono stated the applicant shall
meet all landscaping standards and requirements. No comments were
received from Adams County,City and County of Broomfield, or the City of
Northglenn.
e. Section 23-2-230.6.5--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 and the Stormwater/Drainage
Impact Fee.
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.
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g. Section 23-2-230.6.7 -- 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 Fusaro, LLC, c/o Donnie Fetters, Jr., for a Site Specific
Development Plan and Amended Use by Special Review Permit#1476 for a Business(commercial
junkyard or salvage yard, the 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 applicant shall submit a Design and Operation Plan, for review and
approval,to the Weld County Department of Public Health and Environment
for the wash bay. The plan shall provide adequate evidence that the washing
area will be designed and constructed to capture all effluent and prevent any
discharges from the washing of vehicles or equipment, in accordance with
the Rules and Regulations of the Water Quality Control Commission and the
Environmental Protection Agency. Evidence of their approval shall be
submitted to the Department of Planning Services.
B. A septic system repair application (No.G-890279)was found during a file
search by the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. However, according to the
information found, the septic system was never adequately finalized. It is
unknown at this time where the septic system is located, or if it was ever
installed. Therefore, the septic system shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Evidence of the approval by the Weld
County Department of Public Health and Environment shall be submitted to
the Department of Planning Services.
C. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of its approval shall be submitted
to the Department of Planning Services. The plan shall include at a
minimum, the following:
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1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
D. The applicant shall attempt to meet with the Weld County Sheriffs Office to
discuss the Crime Prevention Through Environmental Design Program.The
program reduces the likelihood of criminal activity at a specific location by
"hardening" it to crime.
E. A statement accompanied by evidence explaining how stormwater runoff will
be handled shall be submitted to the Department of Public Works, per
Section 23-2-160.N of the Weld County Code. Evidence of approval shall be
submitted to the Department of Planning Services.
F. The applicant shall contact the Colorado Department of Transportation and
the City and County of Broomfield concerning access to the recently
realigned Frontage Road at this location. Written evidence of an approved
access permit shall be provided to the Department of Planning Services.
G. The applicant shall provide a Landscape and Screening Plan for review and
approval to the Department of Planning Services.
H. The applicant shall provide written evidence to the Department of Planning
Services that the proposed commercial facility complies with
Section 23-2-260.E.2 of the Weld County Code.
The applicant shall obtain a written approval from the Mountain View Fire
Protection District stating that the facility is in compliance with the Fire Code
pertaining to access. Evidence of approval shall be submitted to the
Departments of Planning Services and Public Works.
J. The application materials do not address property maintenance. The
applicant shall submit written evidence to the Department of Planning
Services how the property will be in compliance with Section 23-3-250.8.7
of the Weld County Code.
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AMUSR-1476.
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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) The on-site circulation must be described and detailed on the plan.
7) All recorded easements shall be shown and dimensioned on the
plan, including the Book and Reception Number, if applicable.
8) The parking area shall be delineated on the plat, with a minimum of
forty-six(46)parking spaces, one of which should meet the intent of
the Americans with Disabilities Act (ADA).
9) The utility and drainage easement located adjacent to the south
property line shall remain clear of all encumbrances.
10) That portion of a lot in any Commercial Zone District which abuts a
public or private street right-of-way shall be landscaped fora distance
of ten (10) feet, measured at a right angle from the lot line towards
the interior of the lot, Section 23-3-250.A.5.B of the Weld County
Code.
L. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
M. 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.
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
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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 ArcView shapefiles,
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. Prior to the release of building permits:
A. All building plans shall be submitted to the Mountain View Fire Protection
District for review and approval before building permits are issued.
5. 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.
6. 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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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 11th day of October, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
.44 E&a ELD COU Y, COLORADO
ATTEST: LI
► �t a EL��/s:✓�_
C,
`�r �. 't;eile, Chair
Weld County Clerk to the B`:, fii r
f Cc � David E. Long, Pro-Tem
BY:
Dep Clerk t the oard //Ua_.
WOaRi H. Jete��
AP ED AS TO
y Robert D. M sden
/County Attorney •�I, ti�
Glenn Vaad
Date of signature: it
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FUSARO, LLC, CIO DONNIE FETTERS, JR.
AMUSR#1476
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1476 is
for a Business(commercial junkyard or salvage yard,the 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. The freestanding sign located on the property shall not exceed 39 feet in height, and shall
not exceed a face area of eighteen (18) feet by eight (8) feet, one (1) inch.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
4. 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.
5. 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.
6. 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 its approval.
7. 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: 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.
8. The structures will probably be classified as a mixed use, B (Offices) and S-1 (Storage)
occupancies. 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.
9. 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
Chapter23 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.
10. 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.
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11. 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.
12. 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.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
15. Any vehicle washing area(s)shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission and the
Environmental Protection Agency.
16. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone District, as delineated in 25-12-103, C.R.S.
17. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
18. The facility shall utilize the existing public water supply(Central Weld County Water District).
19. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
20. 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.
21. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
22. 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.
23. 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.
24. The landscaping on the site shall be maintained in accordance with the approved Landscape
and Screening Plan.
25. 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.
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26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
27. The site shall be limited to no more than ten (10)employees as outlined in the application
materials.
28. As indicated by the application, the hours of operation shall be limited to Monday through
Friday, 8:00 a.m. to 5:00 p.m.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. 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 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.
32. 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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