HomeMy WebLinkAbout20012882.tiff re.. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom 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-1351
Applicant: Saturn Towing/James Wenfrow
15181 Washington St
Broomfield, CO 80020
Request: A Site Specific Development Plan and a Special Review Permit for a use similar
to a junkyard/salvage yard (police impound lot) in the A(Agricultural)Zone
District
Legal Description: Pt. of S2NW4 of Section 25, Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
Location: East of and adjacent to Weld County Road 11; approximately 1/4 mile south of
Weld County Road 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 ordinances in effect. Section 22-2-60.A.1 of the Weld County
Code(A.Goal 1)states"Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture."The proposed site is designated"Prime"
by the USDA Soils Map. However, no"Prime"farmland will be taken out of production as
the parcel is 7 acres in size which is not conducive to farming.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.0 of the Weld County Code provides for uses similar to the
uses listed as Uses by Special Review as long as the use complies with the general intent
of the A(Agricultural)Zone District. Section 23-3-40.G of the Weld County Code provides
for junkyards or salvage yards. A police impound yard would be a similar use to a junkyard
or salvage yard.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Properties to the east and west are currently vacant. An
abandoned turkey farm is located to the north. There is a residence located to the south,
south of the Bull Canal, which is currently owned by Randall Lawrence. Mr. Lawrence is
the owner of the property under review for this special use permit while Saturn Towing is
the applicant. Conditions of Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
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EXHIBIT
2001-2882 (L e 41351
Resolution USR-1351
Saturn Towing
Page 2
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 lies within the referral areas of Broomfield, Dacono, Erie,
Northglenn,Thornton and Adams County. The one response received with concerns was
from the City of Northglenn. They are concerned about the additional traffic that would be
generated on rural gravel roads. Although Weld County Road 11 is gravel, Weld County
Road 6 is paved. A referral response received 8/20/01 from the Weld County Department
of Public Works indicated Weld County Road 11 has been annexed by the City of
Broomfield. The City of Broomfield did not respond to this request.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program area 3.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Map
indicate that the soils on the property are designated"Prime". As mentioned previously,the
property is only 7 acres in size so no "Prime" agricultural land will be taken out of
production.
G. 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 Commissions recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners.(Department
of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conformance with Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
2) Provide 6 parking spaces, adjacent to the office, for employees and customers.
(Department of Planning Services)
Resolution USR-1351
Saturn Towing
Page 3
3) Reconfigure the impound lot to provide 24 feet of access between rows of vehicles
as well as the opaque fence. (Department of Planning Services)
4) All road and gate access points shall be 24 feet in width. (Department of Public
Works)
5) Turning radii from access roads to aisle ways shall be pursued according to
Brighton Fire Protection District requirements. (Department of Planning Services)
B. Provide written documentation to the Weld County Department of Planning Services which
authorizes access to the U.S. Department of Interior easement as identified in Book 1265,
Pages 34 and 35. If the access will not be utilized provide written documentation stating the
access will not be utilized presently or at any time in the future. (Department of Public
Works)
C. The property is in violation of the Weld County Building Code(Violation#EL-9910305). The
applicant shall schedule a final inspection with the Weld County Building Compliance
Officer and submit a copy of the closure letter indicating compliance with the Weld County
Building Code. (Department of Planning Services)
D. The applicant shall attempt to address the requirements (concerns) of the Weld County
Sheriffs Office,as stated in the referral response received 7/31/01. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
E. The applicant shall attempt to address the requirements (concerns) of the City of
Northglenn,as stated in the referral response received 7/30/01. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
F. The applicant shall attempt to address the requirements (concerns) of the Brighton Fire
Protection District, as stated in the referral response received 8/06/01. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. In event the garage is equipped with a floor drain, the applicant must apply for an
Underground Injection Control (UIC) Class V Injection Well permit through the
Environmental Protection Agency (EPA), for the floor drain system that serves the
maintenance shop, or provide evidence that the applicant is not subject to the EPA
Class V requirements. (Department of Public Health and Environment)
H. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment. Evidence of approval shall be submitted to
the Weld County Department of Planning Services,prior to operation.(Department of Public
Health and Environment)
An evaluation of the existing septic system by the Weld County Department of Public
Health and Environment revealed that the system does not meet the requirements set forth
in the Weld County Code. The applicant must obtain a repair permit to bring the system
up to current Code. (Department of Public Health and Environment)
Resolution USR-1351
Saturn Towing
Page 4
J. An individual sewage disposal system is required for the proposed office and shall
be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations. (Department of Public Health and Environment)
K. 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. 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). (Department
of Public Health and Environment)
2. A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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)
L. The applicant shall remove and properly dispose of all tires and any other miscellaneous
debris, i.e., appliances, metal, derelict vehicles and wood that exist on-site. The applicant
shall schedule an on-site inspection with both the Weld County Code Compliance Officer
and case planner to insure that these items have been removed. If this application is
denied a zoning violation will be opened. (Department of Planning Services, Code
Compliance)
3. The Special Review activity shall not occur nor shall any building or electrical permits beissued 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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Stephan Mokray
John Folsom
Lous Llerena
Bruce Fitzgerald
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.
Resolution USR-1351
Saturn Towing
Page 5
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 September 18, 2001.
Dated the 18th day of August, 2001.
Voneen Macklin
Secretary
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i-� SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Saturn Towing/James Wenfrow
USR-1351
1. The Site Specific Development Plan and Special Use Permit is for a use similar to a
junkyard/salvage yard(police impound lot)in the A(Agricultural)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. Hours of operation shall be Monday through Friday, 8:00 a.m. to 6:00 p.m. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners. (Department of Planning Services)
4. Vehicles shall not be stacked and shall not be visible above the opaque fence.
(Department of Planning Services)
5. Approval of this Special Review Permit is for the operation of an impound lot. At no time
shall this property be used for ajunkyard/salvage yard unless an amendment to the current
Special Review Permit is approved by the Weld County Board of County Commissioners.
(Department of Planning Services)
�-. 6. The facility shall operate in accordance with the approved dust control plan. The facility
shall have sufficient equipment available to implement dust control as required by the Weld
County Department of Public Health and Environment. Additional control measures shall
be implemented as required by the Weld County Health Officer. (Department of Public
Health and Environment)
7. 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)
8. 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, 30-20-100.5, C.R.S. (Department of Public
Health and Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
10. Fugitive dust shall be controlled on this site.(Department of Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and
Environment)
12. Adequate hand washing and toilet facilities shall be provided for employee and patron use.
(Department of Public Health and Environment)
Resolution USR-1351
Saturn Towing
Page 2
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and
Rules and Regulations thereof. (Department of Public Health and Environment)
14. The facility shall utilize the existing public water supply, Left Hand Water District.
(Department of Public Health and Environment)
15. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division. (Department
of Public Health and Environment)
16. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the(Southwest Weld Road Impact Program area 3). (Department of
Planning Services)
17. The landscaping on site shall be maintained in accordance with the approved Landscaping
Plan. (Department of Planning Services)
18. Off-street parking spaces and access drives shall be surfaced with gravel,asphalt,concrete
or equivalent and shall be graded to prevent drainage problems. All weather access shall
be provided to the facility. (Department of Public Works)
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
21. Personnel from the Weld County Departments of Public Health and Environment,Planning
Services and Public Works 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.
22. 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.
23. 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.
The Chair asked if there was anyone in the audience who wished to speak with regards to the continuance
this application. No one wished to speak.
Stephan Mokray moved that Case USR-1350, be continued to October 16,2001. Cristie Nicklas seconded
the motion.
CASE#: Z-562
APPLICANT: Margaret Ruhge
ADDRESS: 12757 Weld County Road 2.5, Brighton, CO 80603
REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3
(Industrial)Zone District.
LEGAL DESCRIPTION: Part of the S2/NE4 of Section 31, T1N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to WCR 2%,West of and adjacent to Old Highway
85
Anne Best Johnson,Department of Planning Services presented Case Z-563,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.
William Warren, applicant representative, provided clarification with regards to the property.
Cristie Nicklas asked about the letter from Ms.Pierce and where her property is located. Mr.Warren stated
he did not know and that there are no mineral rights on the applicant property. Mrs.Johnson indicated she
and Ms. Pierce continue to leave phone messages. Mrs. Johnson further stated she would continue to
contact Ms. Pierce.
Michael Miller asked about the suggestion of equipment storage. Mr.Warren stated that there has been an
interest in the property for equipment storage from adjacent land owners. In order to be able to do this there
needed to be a change of zone.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Cristie Nicklas moved that Case Z-562,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Cristie Nicklas, yes; Bruce
Fitzgerald, yes; Luis Llerena, yes. Motion carried unanimously.
Case Number USR-1351
Applicant: Saturn Towing/James Wenfrow
15181 Washington St
Broomfield, CO 80020
Request: A Site Specific Development Plan and a Special Review Permit for a use
similar to a junkyard/salvage yard (police impound lot) in the A
(Agricultural)Zone District
3 EXHIBIT
ei
U.S.Z.*I35I
Legal Description: Pt. of S2NW4 of Section 25,Township 1 North, Range 68 West of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 11; approximately 1/4 mile
south of Weld County Road 6
Lauren Light, Department of Planning Services presented Case USR-1351, 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.
James Wenfrow, provided more clarification with regards to fencing and security. Mr. Miller asked about
what type of security. Mr.Wenfrow indicated that there will a minimum of a 6 foot cedar fence and a camera
system. He will also ask the Building Department if a higher fence is allowed. Mr.Wenfrow indicated that
the police will not allow them to place cars on the ground until the property is fenced, road based, lighted
and a security system is installed.
Cristie Nicklas asked if the applicant had contracts with law enforcement agencies. Mr.Wenfrow indicated
that they do all the impounding for eight agencies on the north side of Denver. Mr.Wenfrow indicated that
they also provide service for Weld County Sheriff north to Weld County Roads 2,4,6,8 and south including
State Patrol.
Michael Miller asked Lauren Light if there were any conditions that addressed the type of fencing. Mrs. Light
stated that condition#2D requires the applicant to meet with Weld County Sheriffs Department addressing
security issues.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Luis Llerena asked the Weld County Health Dept. about the chemical possibilities that could effect the
property and the neighboring properties over the long term. Will it have an adverse effect on the prime farm
ground surrounding the said property. Char Davis responded that Conditions of Approval #2K (1),
Development Standard #7 and#9 that address those issues.
John Folsom moved that Case USR-1351, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Cristie Nicklas, yes; Bruce
Fitzgerald, yes; Luis Llerena, yes. Motion carried unanimously.
CASE#: AmZ-522
APPLICANT: Donald LaFaver
ADDRESS: 2185 Pine Drop Lane
Golden, CO 80401
REQUEST: Amendment to the Change of Zone from A (Agriculture) to PUD for
Lighthouse Cove PUD, recorded under reception numbers 2836059 and
2818049.
LEGAL DESCRIPTION: Lighthouse Cove PUD, being a part of the N2 of the NE4 of Section 16,
T2N, R68W of the 6'h P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to WCR 7&approximately 1/4 mile north of WCR 20
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