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Home My WebLink About20041859.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by James Rohn,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1476 APPLICANT: Troy&Judy Hefner PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot 4 Althen Boyer Subdivision, Pt of SW4 Section 23, Ti N, R68 of the 6th P.M., Weld County, Colorado. REQUEST: 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. LOCATION: East of and adjacent to I-25 (frontage road) and approximately 1/4 mile north of CR 6. be recommended favorably to the Board of County Commissioners 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 Planning Commission 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. 1. 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. 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) 2004-1859 EXHBIT ltcP #I47(0 Resolution USR-1476 Troy Hefner Page 2 �-. 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 Planning Commission's 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: 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. (Sheriff's 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 23-3-250.8.7 of the Weld County Code. (Department of Planning Services) Resolution USR-1476 Troy Hefner Page 3 I. 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) 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 23-3-250.6.6 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 maps(a�co.weld.co.us. (Department of Planning Services) Resolution USR-1476 Troy Hefner Page 4 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) 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) 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) 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) Resolution USR-1476 Troy Hefner Page 2 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. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Tonya Strobel Chad Auer Doug Ochsner Resolution USR-1476 Troy Hefner Page 2 The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 15, 2004. DIted the 15th of June, 2004. \,U t cc id) C L Voneen Macklin Secretary (L /` - d5 / Consent Agenda: CASE NUMBER: 2AmUSR-552 APPLICANT: Duke Energy PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-614; part of the W2SE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A(Agricultural)Zone District LOCATION: Yz mile north of CR 64, 1/4 mile west of CR 43. CASE NUMBER: USR-1476 APPLICANT: Troy& Judy Hefner PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot 4 Althen Boyer Subdivision, Pt of SW4 Section 23, Ti N, R68 of the 6th P.M., Weld County, Colorado. REQUEST: 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. LOCATION: East of and adjacent to 1-25 (frontage road)and approximately 1/4 mile north of CR 6. James Rohn moved to approve the Consent Agenda. Stephen Mokray seconded. Motion carried. The following cases will be Heard: CASE NUMBER: USR-1477 APPLICANT: David & Darlene Rothrock PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot B RE-3635, Pt NE4 of Section 4, Ti N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development and Special Review Permit for one Single Family Dwelling Unit per lot other than those permitted under Section 23- 3-20A of the Weld County Code LOCATION: North of and adjacent to State Hwy 52 and West of and adjacent to CR 43. Chris Gathman, Department of Planning Services presented Case USR-1477, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Staff is recommending the following changes: 1. Delete Item#2 page 4 2. Delete Development Standards#10 3. Delete Development Standards#12 4. Delete Development Standards#13 The changes reflect the changes affecting the Recorded Exemption process. Michael Miller asked if the amendment will make this permanent as opposed to having the applicant come back for a recorded exemption at a later time. Mr. Gathman stated that was correct. James Rohn asked that Development Standards#14 be changed from "proposed lots"to"subject property." Ann best Johnson, representative for the applicant, indicated that the structure is needed for the ranch S operation. r The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak Hello