HomeMy WebLinkAbout20041858.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1476 FOR A BUSINESS(COMMERCIAL JUNKYARD OR SALVAGE YARD)
IN THE C-3 (COMMERCIAL) ZONE DISTRICT - TROY AND JUDY HEFNER
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,a public hearing was scheduled for Wednesday,July 28,2004; however,due
to the lack of a quorum, the matter could not be heard, and
WHEREAS,on Monday,August 2,2004,during the next regularly scheduled Board meeting,
the Board of Commissioners called up the matter and continued the hearing to August 11,2004,as
previously arranged by the Clerk to the Board's Office with the applicant, and
WHEREAS,the Board of County Commissioners held a public hearing on the 11th day of
August,2004, at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Troy and Judy Hefner, 370 Weld County Road 16.5, Longmont, Colorado 80504,for
a Site Specific Development Plan and Use by Special Review Permit #1476 for a Business
(commercial junkyard or salvage yard) in the C-3 (Commercial) Zone District on the following
described real estate, to-wit:
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 applicants were present 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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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 of Approval have
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SPECIAL REVIEW PERMIT#1476 - TROY AND JUDY HEFNER
PAGE 2
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. Properties to the north, south, and east are
zoned C-3 (Commercial). Interstate 25 (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 (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 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Althen Boyer Subdivision is zoned
C-3 (Commercial). The property to the north consists of B & J Used Auto
Sales with outdoor storage. The property to the south consists of Dunlap
Trailer Sales with outdoor storage. 1-25 runs north and 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 23-2-230.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 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 found no conflicts with their interests. The City and County
of Broomfield stated it cannot support the proposed project because of the
1-25 North Broomfield Sub-Area Plan design standards. No comments were
received from Adams County or the City of Northglenn.
e. Section 23-2-230.6.5 --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-Wide Road Impact Program.
f. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
2004-1858
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SPECIAL REVIEW PERMIT#1476 -TROY AND JUDY HEFNER
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Troy and Judy Hefner fora Site Specific Development Plan
and Use by Special Review Permit#1476 for a Business(commercial junkyard or salvage yard)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 attempt to meet with the Weld County Sheriffs Office to
discuss the Crime Prevention Through Environmental Design Program.
This program reduces the likelihood of criminal activity at a specific location
by hardening it to crime.
B. 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.
C. 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.
D. The applicant shall provide a Landscape and Screening Plan for review and
approval to the Department of Planning Services.
E. The applicant shall provide written evidence to the Department of Planning
Services that this commercial facility is within the 1,000 gallons of water per
day as allowed by the Commercial Well Permit#015774-F.
F. 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.
G. The application materials do not address property maintenance. The
applicant shall submit written evidence to the Department of Planning
Services stating how the property will be in compliance with
Section 23-3-250.8.7 of the Weld County Code.
H. The applicant shall submit to the Department of Planning Services written
documentation disclosing what is on the upper floor or mezzanine level of the
existing structure. 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.
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SPECIAL REVIEW PERMIT#1476 -TROY AND JUDY HEFNER
PAGE 4
The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1476.
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 23-3-250.6.6 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) Easements shall be shown in accordance with County standards
and dimensioned on the plan.
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.
J. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
K. 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
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.
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SPECIAL REVIEW PERMIT#1476 - TROY AND JUDY HEFNER
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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(Wco.weld.co.us.
4. Prior to the release of Building Permits:
A. The setback and offsets distances 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.
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 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 11th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
`+.• /���%� WE NT COUY, COLORADO
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� Robert D. Malden, Chair
I� lerk to the Board
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William H. rke, Pro-Tem
ivy I C'•�/ ors.:. iI� / �_/ � ,
erkto the Board
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APP AS 7 M:
David E. Long
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Glenn Vaad
Date of signature: lickg
2004-1858
PL1728
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TROY AND JUDY HEFNER
USR#1476
1. The Site Specific Development Plan and Use by Special Review Permit #1476 is for a
Business(commercial junkyard or salvage yard)in the C-3(Commercial)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. 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.
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.
5. Buildings shall conform to the requirements of the various codes adopted at the time of
Building 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.
6. 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.
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, Section 30-20-100.5, C.R.S.
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.
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.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
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.
12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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DEVELOPMENT STANDARDS -TROY AND JUDY HEFNER (USR #1476)
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14. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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 and volatile organic compounds.
16. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
17. 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.
18. The landscaping on the site shall be maintained in accordance with the approved Landscape
and Screening Plan.
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.
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.
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 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.
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.
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