HomeMy WebLinkAbout20041860.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Troy& Judy Hefner Case Number USR-1476
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affidavit of sign pasting X
Legal Notifications X
\' 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Platte Valley Soil Conservation District, referral received December 18, 2003 X
Colorado Department of Transportation, referral received January 14, 2004& X
February 2, 2004
City of Dacono, referral received January 13, 2004 X
Town of Erie, referral received December 18,2003 X
4 Referrals with comments X
Weld County Zoning Compliance, referral received December 11, 2003 X
Weld County Building Inspection, referral received January 19,2004 X
Weld County Public Works, referral received January 13, 2004& February 19, X
2004
Weld County Planning Department, Landscape, referral received December 13, X
2003
Weld County Public Health and Environment, referral received January 13, 2004 X
Mountain View Fire Protection District, referral received December 19,2003 X
Weld County Sheriffs Office, referral received January 9, 2004 X
City and County of Broomfield, referral received January 13,2004 X
-6 PC Exhibits
X
I hereby certify that the twenty-four items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
.. c' 1+, tea■liJacg2004-1 ch ❑ Planner 1
2004-1860E. i4llo
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Planner: Jacqueline Hatch
Case Number: USR-1476 Hearing Date: June 15, 2004
Applicant: Troy and Judy Hefner
Address: 2114 1-25 Frontage Road, Erie CO
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a Use by Special Review(Commercial Junkyard or Salvage Yard) in
the (C-3) Business Commercial Zone District
Legal Description: Lot 4 Althen Boyer Subdivision being Pt of SW4 of Section 23, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately %
mile north of County Road 6.
Size of Parcel: 2.5 +/-acres Parcel Number: 1467 23 000061
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Code Compliance, referral received December 11, 2003
• Weld County Department of Public Health and Environment, referral received January 13, 2004
• Weld County Department of Public Works, referral received January 13, 2004 and February 19,
2004
• Weld County Department of Building Inspection, referral received January 19, 2004
• Weld County Sheriffs Office, referral received January 9, 2004
• Mountain View Fire Protection District, referral received December 19, 2003
• Platte Valley Soil Conservation District, referral received December 18, 2003
• Weld County Department of Planning, Landscape, referral received December 13, 2003
• Town of Erie, referral received December 18, 2003
• Colorado Department of Transportation, referral received January 14, 2004
• City and County of Broomfield, referral received January 13, 2004
• City of Dacono, referral received January 13, 2004
The Department of Planning Services' staff has not received responses from the following agencies:
• City of Northglenn
• Adams County
Troy& Judy Hefner USR-1476 Page 1 of 8 EXHIBIT
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SPECIAL REVIEW PERMIT
W■���. ADMINISTRATIVE REVIEW
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1476 Hearing Date: June 15, 2004
Applicant: Troy and Judy Hefner
Address: 2114 1-25 Frontage Road, Erie CO
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a Use by Special Review(Commercial Junkyard or Salvage Yard) in
the (C-3) Business Commercial Zone District
Legal Description: Lot 4 Althen Boyer Subdivision being Pt of SW4 of Section 23, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately %
mile north of County Road 6.
Size of Parcel: 2.5 +1- acres Parcel Number: 1467 23 000061
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 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 22-2-170 C (C.Goal 3) states "address the compatibility of commercial land uses
with adjacent land uses". Conditions have been included to ensure the site does not have
an adverse impact on the surrounding properties. The surrounding properties are
commercial in nature with outdoor storage. Property 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.
Troy& Judy Hefner USR-1476 Page 2 of 8
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (C-3)
Business Commercial Zone District. Section 23-3-230.d.5 of the Weld County Code
provides for a commercial junkyard or salvage yard as a Use by Special Review in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. Althen Boyer subdivision is zoned C-3. The property to
north consists of B & J Used Auto Sales with outdoor storage. The property to south
consists of Dunlap Trailer Sales with outdoor storage. 1-25 runs north-south along the
western side of the property. The City and County of Broomfield surround the Althen
Boyer subdivision on the east, south and north.
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 not located within an Intergovernmental Agreement
Area or other overlay districts. The site is located within the three mile referral area for
the City and County of Broomfield, Adams County, Town of Erie, City of Northglenn and
the City of Dacono. The Town of Erie and the City of Dacono reviewed the request and
find no conflicts with their interests. The City and County of Broomfield stated that they
cannot support the proposed project because of the Interstate-25 North Broomfield Sub-
Area Plan design standards. No comments were received from Adams County and the
City of Northglenn.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 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 Road Impact Program. (Ordinance 2002-11)
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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
Evidence of approval shall be submitted to the Department of Planning Services. The
plan shall include at a minimum, the following:
Troy& Judy Hefner USR-1476 Page 3 of 8
1. A list of wastes which are expected to be generated on 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 site.
3. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
B. The applicant shall attempt to meet with the Weld County Sheriffs office to discuss
"Crime Prevention Through Environmental Design". This program reduces the likelihood
of criminal activity at a specific location by "hardening" it to crime. (Sheriffs Office)
C. 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. (Departments of Public Works & Planning Services)
D. The applicant shall contact the Colorado Department of Transportation 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.
(Department of Planning Services)
E. The applicant shall provide a Landscape and Screening Plan for review and approval to
the Department of Planning Services. (Department of Planning Services)
F. The applicant shall provide written evidence to the Department of Planning Services that
this commercial facility is within the 1000 gallons of water per day as allowed by the
Commercial Well Permit number 015774-F. (Department of Planning Services)
G. 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. Evidence of approval
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
H. 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.B.7 of the Weld County Code. (Department of
Planning Services)
The applicant shall submit written documentation disclosing what is on the upper floor or
mezzanine level of the existing structure to the Department of Planning Services. This
information shall be forwarded to the Department of Building Inspection and the Mountain
View Fire Protection District for review and approval. Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
J. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1476 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
Troy&Judy Hefner USR-1476 Page 4 of 8
3. The approved Landscape and Screening Plan. (Department of Planning
Services)
4. Should exterior lighting be a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.8.6 of the Weld County Code.
(Department of Planning Services)
5. The location and screening of the dumpster location as outlined in Section 23-3-
250.A.6 of the Weld County Code. (Department of Planning Services)
6. The on-site circulation must be described and detailed on the plan. (Department
of Public Works)
7. Easements shall be shown in accordance with County standards and
dimensioned on the plan. (Department of Public Works)
8. The parking area shall be delineated on the plat with at a minimum twenty three
(23) parking spaces, one of which should meet the intent of the American's with
Disabilities Act. (Department of Planning Services)
K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (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 USR plat. (Department of Planning Services)
3. Upon completion of 1. and 2. 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 Department of Planning Services' Staff. 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. (Department of Planning Services)
4. The Department of Planning Services respectively 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 maoseco.weld.co.us. (Department of Planning Services)
5. Prior to the release of Building Permits:
A. The set back and offsets shall be verified given the existing proposed site conditions,
specifically addressing the elevated display areas. Written evidence of compliance shall
be submitted to the Department of Planning Services. (Department of Planning Services)
Troy& Judy Hefner USR-1476 Page 5 of 8
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. (Mountain View Fire Protection District)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
Troy& Judy Hefner USR-1476 Page 6 of 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Troy and Judy Hefner
USR-1476
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a Use
by Special Review (Commercial Junkyard or Salvage Yard) in the (C-3) Business Commercial
Zone District, as indicated in the application materials on file and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
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. (Mountain
View Fire Protection District& Department of Planning Services)
4. There is no water supply for fire protection to the site. When the building is enlarged or the use
changes water supply for fire protection may be required. (Mountain View Fire Protection District)
5. Buildings shall conform to the requirements of the various codes adopted at time of permit
application. Currently, the following has been adopted by Weld County: 2003 International
Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment)
7. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
8. 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.
(Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan". The facility
shall be operated in accordance with the approved dust abatement plan at all times.
(Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
11. 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. as amended. (Department of Public Health and
Environment)
12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
Troy&Judy Hefner USR-1476 Page 7 of 8
13. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. 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
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
16. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-
3-250.B.6 of the Weld County Code. (Department of Planning Services)
17. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
18. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
19. 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. (Department of
Planning Services)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240,Weld County Code.
21. The site shall be limited to no more than three (3) employees as outlined in the application
materials. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code.
23. Personnel from the Weld County Government 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 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.
25. 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.
Troy& Judy Hefner USR-1476 Page 8 of 8
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO April 26, 2004
Troy& Judy Hefner
370 CR 16 '/�
Longmont CO 80504
Subject: USR-1476- A Site Specific Development Plan and Special Review Permit for a business permitted
as a Use by Special Review (Commercial Junkyard or Salvage Yard) in the C-3 (Commercial)
Zone District on a parcel of land described as Lot 4 Althen Boyer Subdivision, Pt of SW4 Section
23, T1 N, R68 of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for June 15, 2005, at 1:30 p.m. This meeting will take
place in the Hearing Room at the South Weld County Planning Department, 4209 CR 24 1/2, Longmont,
Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the
Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
CCL
Jacqueli atch
Planner
I ' DEPARTMENT OF PLANNING SERVICESWI g O
PHONE (970) 353-6100, EXT 3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
December 8, 2003
Troy& Judy Hefner
370CR16V2
Longmont CO 80504
Subject: SPR-365 -Site Plan Review located in the C-3 zone on a parcel of land described as Lot 4;
Althen Boyer; Section 32, Ti N, R68Wof the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this time.
Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will
be notified by this office at the end of the review period regarding the site plan.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Dacono, Erie and Northglenn Planning Commission for their review and comments. It is recommended
that you and/or a representative be in attendance at the Dacono, Erie and Northglenn Planning Commission
meeting to answer any questions the Commission members may have with respect to your application.
Please call Dacono at(303)833-2317, Erie at(303)926-2700 and Northglenn at (303)450-8743, for further
details regarding the date, time, and place of the meeting.
If you have any questions concerning this matter, please feel free to call or visit our office.
Sincerely,
_' - I 1Y
J acqu a Hatch
Planner
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 6/S(o`I THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL
REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN
THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A
PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/FIFTEEN DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR USC-IN761N THE A
(AGRICULTURAL) ZONE DISTRICT.
taLa el- (-Liu+
Name of Person Posting Sign
Signa re of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me thishV.aay of ,
2004. WITNESS my hand and official seal.
fLu 7) 104 .
Notary Public
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FIELD CHECK Inspection Date: 1/7/04
APPLICANT: Troy&Judy Hefner CASE# : USR-1476
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted
as a Use by Special Review in the Commercial Zone District (Commercial Junkyard or
Salvage Yard) in the C-3(Commercial)Zone District.
LEGAL: Lot 4 Althen Boyer Section 32,T1 N, R68W of the 6th P.M.,Weld County, CO.
LOCATION: East of and adjacent to Interstate I-25 (frontage road) and approximately Y mile north of
CR 6.
PARCEL ID#: 1467 23 000061 ACRES: 2.5+1-acres
Zoning Land Use
N C-3 (Commercial) N C-3 (Commercial)
E C-3 (Commercial) E C-3 (Commercial)
S C-3 (Commercial) S C-3 (Commercial)
W A (Agricultural) W A (Agricultural) / 1-25
COMMENTS:
Property is fenced — 6' fence with security top
Existing outdoor storage in the rear and side
Existing building (empty)
Parking in front of building
Gravel access off of frontage road from 1-25 frontage road
Drive not very defined
Jacquelineatch, Planner
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