HomeMy WebLinkAbout20050898.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1493 FOR COMMERCIAL JUNKYARD AND SALVAGE YARD IN THE
1-3 (INDUSTRIAL) ZONE DISTRICT - STEPHAN BRANCUCCI
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 30th day of
March,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Stephan Brancucci, 3571 West 111th Drive, Unit B,Westminster, Colorado 80031,
for a Site Specific Development Plan and Use by Special Review Permit#1493 for a Commercial
Junkyard and Salvage Yard in the 1-3(Industrial)Zone District on the following described real estate,
to-wit:
Part of the NE1/4 SE1/4 and Lot 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 of Otis, Coan and
Stewart, LLC, 1812 56th Avenue, 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 recommendations 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 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-150B.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." The Conditions of Approval and
Development Standards will ensure that the proposed use will be compatible
with the region. A single family home and USR-1402 for a maintenance shop
and storage are located to the north of the site. USR-969 fora 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.
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b. Section 23-2-220.A.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. The Use by Special Review
Permit is for COPART for processing and selling intact insurance damaged
vehicles.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site currently has a single
family home on the property and is in agricultural practices. A single family
home and USR-1402 fora maintenance shop and storage are located to the
north of the site. 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 shall submit a Screening Plan for the outdoor
storage of vehicles, equipment, or materials from adjacent properties and
future rights-of-way.
d. Section 23-2-220.A.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
located within the three-mile referral area for the Town of Brighton and
Adams County. Adams County, in its referral dated November 9, 2004,
stated it had no concerns with the application. The Town of Brighton did not
respond to the referral indicating no concern with their interests.
e. Section 23-2-220.A.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.
f. Section 23-2-220.A.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 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 Stephan Brancucci for a Site Specific Development Plan
and Use by Special Review Permit#1493 for a Commercial Junkyard and 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. Prior to recording the plat:
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A. The applicant shall provide the Department of Planning Services with a
signed copy of an oil and gas agreement with the correct legal description.
B. The applicant shall provide the Department of Public Works with a
Stormwater Drainage Report and Erosion Control Plan for review and
approval. The proposed detention/water quality control pond shall be located
outside the future right-of-way identified for Weld County Road 27. Evidence
of approval shall be submitted to the Department of Planning Services.
C. The applicant shall attempt to address the requirements and concerns of the
Greater Brighton Fire Protection District,as stated in the referral responses
dated November 5,2004, and February 3,2005. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
D. The applicant shall provide the Department of Planning Services with a
Screening Plan for review and approval. The plan shall include the method
of screening the outdoor storage of vehicles, equipment, or materials from
adjacent properties and future rights-of-way. Given that the landscape
treatment is established,staff will not require additional landscape treatment.
The applicant shall maintain compliance with Section 23-2-250.B.7 of the
Weld County Code at all times.
E. The applicant shall provide the Department of Planning Services with a
Property Maintenance Plan for review and approval. The maintenance plan
shall be in compliance with Section 23-2-250.6.7 of the Weld County Code.
F. In the event the applicant intends to wash vehicles or equipment on the site,
the following shall apply:
1) The applicant shall provide evidence that any vehicle 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 that there will or will not be any vehicles or equipment
washing on the site shall be submitted to the Department of Public
Health and Environment for review and approval. Evidence of
approval from the Department of Public Health and Environment shall
be submitted to the Department of Planning Services.
G. The mobile home on the property shall be removed or re-permitted as a
security/caretaker home. Evidence of such submittal shall be submitted to
the Department of Planning Services.
H. 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 approval from the Department
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of Public Health and Environment shall be submitted to the Department of
Planning Services. The plan shall include at a minimum, the following:
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).
The septic system serving the existing warehouse/onion shed 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 approval shall be
submitted to the Department of Planning Services.
J. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1493.
2) The attached Development Standards.
3) Weld County Road 27 is designated on the County Road
Classification Plan as a major arterial road,which requires 140 feet
of right-of-way at full build out. 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 of Weld County Road 27. This road is maintained
by Weld County.
4) The existing north access by the office building shall be abandoned
near the proposed parking area. Evidence of closure shall be
submitted to the Department of Planning Services.
5) The three acres adjacent to the existing office and warehouse area
shall be paved. The paving shall match the existing grades. The
remaining storage lot for vehicles shall be surfaced with a minimum
of six inches of gravel and shall be delineated on the plat.
6) The applicant shall submit a plan demonstrating the turning radiuses
on to and off of Weld County Road 27 to the Department of Public
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Works for review and approval. Evidence of approval shall be
submitted to the Department of Planning Services. The plat shall
delineate the approved adequate turning radii on to and off of Weld
County Road 27.
7) The plat shall delineate all on-site circulation as approved by the
Department of Public Works and the Greater Brighton Fire Protection
District.
8) 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
space and coming into contact with other vehicles, walls, fences,
sidewalks, or plantings.
9) 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.
10) The location of the dumpster shall be delineated on the plat. Areas
used for trash collection shall be screened from public rights-of-way
and all adjacent properties. These areas shall be designed and used
in a manner that will prevent trash from being scattered by wind or
animals as outlined in Section 23-3-250.A.6 of the Weld County
Code.
11) The four-acre"non-standard vehicle area"shall be identified on the
plat along with the proposed markers.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
L. 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 Conditions 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
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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 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 issuance of building permits:
A. The applicant shall provide a written sign-off from the Greater Brighton Fire
Protection District to the Department of Planning Services.
5. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued,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 30th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
"
C William H. rke, Chair
t :Eerktot2oard
M. J. eile, Pro-Tem
ty Clerk to the Board EXCUSED
Da 'd E. Long
APP AS TO F
Robe . asden
ounty Att ney 6wet E
Glenn Vaad
Date of signature: 1,412—ar
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEPHAN BRANCUCCI
USR #1493
1. The Site Specific Development Plan and Use by Special Review Permit #1493 is for a
Commercial Junkyard or Salvage Yard in the 1-3(Industrial)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. 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.
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. The applicant shall operate in accordance with the approved Best Management Practices
and Emergency Spill Response Protocol, provided by COPART.
8. Well water testing shall be performed annually for the neighbors located at 1391 Weld
County Road 27, Brighton, Colorado, and the applicant, COPART. This testing shall be
performed by the Weld County Department of Public Health and Environment. COPART
agrees to bear the cost of this testing for both parties.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
14. 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.
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15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. If applicable,the applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
17. If applicable,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.
18. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
19. 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.
20. The buildings will probably be classified as follows: Mixed Use B (Office) and S-1
(Warehouse) occupancies, and 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.
21. 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.
22. Building height shall be measured in accordance with the 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.
23. Building height,wall and opening protection and limitations,and separation of buildings of
mixed occupancy classifications shall be in accordance with the Building Code. Setback
and offset distances shall be determined by the Weld County Code.
24. The maximum amount of indoor and outdoor storage of nonflammable solids and
nonflammable and noncombustible liquids shall not exceed the amounts in Table 414.2.4
of the International Building Code.
25. 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, semi's, tractor-trailers,
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trailers, motorcycles,all-terrain vehicles,scooters, mopeds,boats,jet-skis,small tractors,
backhoes, and heavy equipment as indicated in the application materials.
26. The hours of operation are 7:00 a.m.to 6:00 p.m., Monday through Friday. There shall be
no weekend hours as indicated in the application materials.
27. The site shall not have more then twenty(20)employees on the site at any given time as
indicated in the application materials.
28. No vehicle dismantling, crushing, or sale of parts shall occur on the site.
29. 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.
30. The Use by Special Review Permit was originally granted to COPART (a company that
provides services to insurance companies relating to the processing and selling of intact
insurance damaged vehicles). This Special Use Permit may be transferred by COPART
to any company which acquires COPART and intends to continue the operation of the
property without change from those conditions identified in this Use by Special Review
Permit. In the alternative,COPART may transfer this Use by Special Review Permit to any
"Related Entity" which is defined to mean an entity in which COPART is a shareholder,
member of a limited liability company, or an owner of a company which is a subsidiary of
COPART, or a related entity of COPART provided that COPART 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 will have in the related entity. No other
transfer by COPART of this Use by Special Review Permit shall be permissible. Any other
transfer of interest of the prescribed property shall cause automatic termination of the Use
by Special Review.
31. 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 Department of Building Inspection,
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 from leasing a portion of a building as an office to an
insurance company with whom COPART regularly conducts business. COPART shall
notify Weld County of any such lease and provide Weld County with a copy of the lease,but
such leasing shall not require an Amended Use By Special Review application.
32. 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.
33. The four-acre"non-standard vehicle area"shall be identified and maintained on the site at
all times.
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34. 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.
35. The landscaping on the site shall be maintained in accordance with the approved Screening
Plan.
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, Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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 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.
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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