HomeMy WebLinkAbout20011178.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1323 FOR A BUSINESS (COMMERCIAL JUNK OR SALVAGE YARD) IN
THE 1-3 (INDUSTRIAL) ZONE DISTRICT -JOHN HOCHMILLER, C/O BONNIE
ROGERS
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 6th day of
June, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of John Hochmiller, 19640 Weld County Road 28, Hudson, Colorado 80642, for
a Site Specific Development Plan and Use by Special Review Permit#1323 for a Business
(commercial junk or salvage yard) in the 1-3 (Industrial) Zone District on the following described
real estate, to-wit:
Part of the N1/2 N1/2 SE1/4 of Section 32,
Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was 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.B.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
Section 22-2-130-A.1 (I.Goal 1) states, "Encourage the expansion and
diversification of the industrial economic base." Section 22-2-130-B.1
(I.Goal 2) states, "Accommodate new industrial development within
planned industrial areas." Section 22-2-130-D.1 (I. Goal 4) encourages
promoting industrial development that is appropriately located in relation
to surrounding land uses, and that meets necessary environmental
standards.
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2001-1178
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SPECIAL REVIEW PERMIT#1323 - JOHN HOCHMILLER
PAGE 2
b. Section 23-2-230.6.2—The proposed use is consistent with the intent of
the District in which the use is located. Section 23-3-330.D.4 of the Weld
County Code provides for Commercial Junkyards or Salvage Yards as a
Use by Special Review in the 1-3 (Industrial) Zone District. The original
application contained two added uses (auto sales and paint ball) which
are classified commercial uses not allowed in the 1-3 (Industrial) Zone
District. The applicant withdrew these uses from the application prior to
the scheduled Planning Commission Hearing and acknowledged that to
permit these uses a Change of Zone would be required.
c. Section 23-2-230.B.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. Active Truck and
Auto Recycling is located north of and adjacent to the site and has a
pending land use application (Use by Special Review Permit#1311)with
the Department of Planning Services. This adjacent facility, Patina Oil
and Gas, is currently being reviewed by the Weld County Department of
Planning Services under Amended Site Plan Review#297. South of and
adjacent to the site is Tire Mountain, permitted by 2nd Amended Use by
Special Review Permit#842 as a landfill and storage facility. To the
northeast of the site is the Morwai Dairy, permitted by Use by Special
Review Permit#1201 for 6,000 head of cattle. The Conditions of
Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
d. Section 23-2-230.6.4—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 does not lie within the Urban Growth
Boundary or referral area of any municipality.
e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.6 —The site does not lie within the Agricultural Zone
District.
g. Section 23-2-230.B.7 —The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 the County.
2001-1178
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SPECIAL REVIEW PERMIT#1323 - JOHN HOCHMILLER
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John Hochmiller for a Site Specific Development
Plan and Use by Special Review Permit#1323 for a Business (commercial junk or salvage
yard) in the 1-3 (Industrial) Zone District on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 60 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division for review and approval. Evidence of approval shall be
submitted to the Weld County 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,
including 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.
B. Weld County Road 41 is designated on the Weld County Transportation
Plan Map as a collector status road, which requires 80 feet of right-of-way
at full build out. There is presently 60 feet of right-of-way. A total of 40
feet from the centerline of Weld County Road 41 shall be delineated on
the plat as right-of-way reservation for future expansion. This road is
maintained by Weld County.
C. Off-street parking spaces, including access drives, shall be surfaced with
gravel, asphalt, concrete or the equivalent, and shall be graded and
maintained so as to prevent drainage problems. All parking and vehicle
storage shall be provided on-site. Parking shall not be permitted within
any public rights-of-way. The parking lot area shall be provided to meet
the needs of employees, company vehicles, visitors and customers.
D. All waste materials and other debris (pallets, paint buckets, derelict
furniture, wood waste, and other miscellaneous debris) shall be removed
and disposed of or recycled at an approved facility. The applicant shall,
within 30 days, submit a Plan of Correction, for review and approval and
2001-1178
PL1514
SPECIAL REVIEW PERMIT#1323 - JOHN HOCHMILLER
PAGE 4
determination of Code compliance, to the Weld County Departments of
Public Health and Environment and Planning Services that describes how
the materials will be removed and disposed of. Following removal, the
applicant shall provide evidence to the Departments of Planning Services
and Public Health and Environment that the material was disposed or
recycled in accordance with the approved plan.
E. In accordance with Section 23-3-350.B, sufficient off street, paved
parking areas shall be provided to meet the requirements of employees,
company vehicles, visitors and customers of the use.
F. In accordance with Section 23-3-350.H, areas used for storage or trash
collection shall be screened from adjacent public rights-of-way and
adjacent properties. These areas shall be designed and used in a
manner that will prevent wind or animal-scattered trash.
G. In accordance with Section 23-3-350.1, the applicant shall submit
evidence that a well permit for Industrial use has been obtained from the
Office of the State Engineer, Division of Water Resources. The facility
shall submit an application as a non-community drinking water purveyor,
as defined in the Colorado Primary Drinking Water Regulations, to the
Water Quality Control Division of the Colorado Department of Public
Health and Environment. Evidence of approval shall be submitted to the
Weld County Departments of Planning Services and Public Health and
Environment.
H. The applicant shall apply for an Underground Injection Control (UIC)
Class V Injection Well permit through the Environmental Protection
Agency (EPA), or provide evidence that the applicant is not subject to the
EPA Class V requirements. Evidence of approval shall be submitted to
the Weld County Departments of Planning Services and Public Health
and Environment.
The Environmental Health Services Division was unable to locate a septic
permit for the septic system serving the existing site. In accordance with
Section 23-3-250.J, 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 approval
shall be submitted to the Weld County Department of Planning Services.
2001-1178
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SPECIAL REVIEW PERMIT#1323 - JOHN HOCHMILLER
PAGE 5
J. In accordance with Section 23-3-360.G, the property owner, shall in no
event, allow the growth of noxious weeds. A detailed Erosion/Weed
Maintenance Plan indicating how erosion and weeds will be controlled on
the site, shall be submitted to the Weld County Department of Planning
Services for review and approval.
K. In accordance with Section 23-3-350.A, the storm water retention facility,
on a developed site, shall be designed for a One Hundred (100) Year
Storm. The storm water retention facility shall be designed and operated
to release the retained water at a quantity and rate not to exceed the
quantity and rate of a five year storm falling on the undeveloped site.
The applicant shall submit a Storm Water Drainage Plan to the Weld
County Department of Public Works for review and approval. An
approved copy of this plan shall be submitted to the Department of
Planning Services.
L. The facility shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public Health and
Environment.
M. The Plat shall be amended to include the following:
1) The approved Erosion/Weed Control Plan.
2) The Plat shall be redrawn so that all illustrations are orientated
with "North" as being to the top of the Plat.
3) A six-foot chain link fence shall be shown to be installed along the
property frontage adjacent to Weld County Road 41 excepting the
areas of access to the facility and to the oil and gas well, with the
exception to the main facility access and the oil and gas access
well points.
N. The applicant shall enter into an Improvements Agreement according to
Weld County policy regarding collateral for improvements and post
adequate collateral for parking and clean up requirements. The
agreement and form of collateral shall be reviewed by County staff and
accepted by the Weld County Board of County Commissioners prior to
recording the plat.
3. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued, on the property until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
2001-1178
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SPECIAL REVIEW PERMIT#1323 - JOHN HOCHMILLER
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUN COLORADO
ATTEST: Ley
M. J. Geile, Chair
Weld County Clerk to t
412P EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad, Pro-Tem
Deputy Clerk to the y ( �� 1I�•„AL.-e
Jerke
APPRD A RM: e,9 (C);::,Ccr
y/ � ' ^ David�E�Long
County Att ey �l ��
Robert D. Masden
2001-1178
PL1514
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN HOCHMILLER
USR#1323
1. A Site Specific Development Plan and Use by Special Review Permit #1323 is for a
Business(commercial junk 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 Article VIII, 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, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in Section 25-12-103 C.R.S.
8. Adequate toilet facilities shall be provided for the public.
9. All liquid wastes shall be stored in covered drums, in a covered structure, on a concrete
pad.
10. The facility shall maintain compliance with its Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
11. The water system shall comply with the requirements described in the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1).
12. There shall be no staging or parking along Weld County Road 41. All parking, loading and
off-loading shall be on-site.
13. The access road shall be maintained by the operator to support the imposed loads of fire
apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.
14. The hours of operation shall be from 8:00 a.m. until 8:00 p.m., Monday through Saturday.
2001-1178
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DEVELOPMENT STANDARDS - JOHN HOCHMILLER (USR#1323)
PAGE 2
15. All construction on the property shall be in accordance with the Weld County Building Code.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
19. 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.
20. 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.
2001-1178
PL1514
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