HomeMy WebLinkAbout20012881.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1351 FOR A USE SIMILAR TO A JUNKYARD/SALVAGE YARD (POLICE
IMPOUND LOT) IN THE A(AGRICULTURAL) ZONE DISTRICT -JAMES
WRENFROW/SATURN TOWING
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 31st day
of October, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of James Wrenfrow/Saturn Towing, 15181 Washington Street,
Broomfield, Colorado 80020, for a Site Specific Development Plan and Use by Special Review
Permit#1351 for a use similar to a Junkyard/Salvage Yard (police impound lot) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the S1/2 NW1/4 of Section 25, Township 1
North, Range 68 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 23-2-230.6 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 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 U.S.D.A. Soils Map. However, no "Prime" farmland will be taken out
of production as the parcel is seven (7) acres in size which is not
conducive to farming.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.0 of the Weld County
1
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SPECIAL REVIEW PERMIT#1351 -JAMES WRENFROW/SATURN TOWING
PAGE 2
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 23-2-230.6.3—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
James Wrenfrow, Saturn Towing, is the applicant. 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 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
indicating concern regarding 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 August 20, 2001,
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 23-2-230.6.5 -- 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 23-2-230.B.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 indicates that the soils on the
property are designated "Prime." As mentioned previously, the property
is only seven (7) acres in size, so no "Prime" agricultural land will be
taken out of production.
g. 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.
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SPECIAL REVIEW PERMIT#1351 - JAMES WRENFROW/SATURN TOWING
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of James Wrenfrow/Saturn Towing for a Site
Specific Development Plan and Use by Special Review Permit#1351 for a use similar to a
Junkyard/Salvage Yard (police impound lot) in the A (Agricultural) 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 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.
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.
2) Provide six (6) parking spaces, adjacent to the office, for
employees and customers.
3) Reconfigure the impound lot to provide 24 feet of access between
rows of vehicles, as well as the opaque fence.
4) All road and gate access points shall be 24 feet in width.
5) Turning radii from access roads to aisle ways shall be pursued
according to Brighton Fire Protection District requirements.
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.
C. The applicant shall attempt to address the requirements or concerns of
the Weld County Sheriffs Office, as stated in the referral response
received July 31, 2001. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements or concerns of
the City of Northglenn as stated in the referral response received July 30,
2001. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
E. The applicant shall attempt to address the requirements or concerns of
the Brighton Fire Protection District, as stated in the referral response
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SPECIAL REVIEW PERMIT#1351 - JAMES WRENFROW/SATURN TOWING
PAGE 4
received August 6, 2001. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
F. In the 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.
G. Submit a Dust Abatement Plan to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment. Evidence of approval shall be submitted to the Weld
County Department of Planning Services prior to operation.
H. 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 requirements.
An individual sewage disposal system is required for the proposed office
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado Registered Professional Engineer according
to the Weld County I.S.D.S. Regulations.
J. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and 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.
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).
K. 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 the case planner to
insure that these items have been removed. If this application is denied a
zoning violation will be opened.
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SPECIAL REVIEW PERMIT#1351 - JAMES WRENFROW/SATURN TOWING
PAGE 5
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of October, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST:
M. J. eile, hair
Weld County Clerk toO` =; 9�1
Glenn aad, r - em
BY: 1L ��:4ih•._ .� �e
Deputy Clerk to the 1�4t'N �q _
w H. Jerke
APPROVE=D A RM: cxg-Q
D vi E. Long
Cour t�y ttor ey ) ilk,
Robert 5. Masden
Date of signature: ///'.3
2001-2881
PL1569
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES WRENFROW/SATURN TOWING
USR#1351
1. The Site Specific Development Plan and Use by Special Review 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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.
4. Vehicles shall not be stacked and shall not be visible above the opaque fence.
5. Approval of this Use by Special Review Permit is for the operation of an impound lot. At
no time shall this property be used for a junkyard/salvage yard unless an amendment to the
current Use by Special Review Permit is approved by the Weld County Board of County
Commissioners.
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.
7. 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.
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, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. Fugitive dust shall be controlled on this site.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
12. Adequate hand washing and toilet facilities shall be provided for employee and patron use.
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DEVELOPMENT STANDARDS - JAMES WRENFROW/SATURN TOWING (USR#1351)
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13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, in accordance with Section 25-8-205.5 of the Colorado Water
Quality Control Act and Rules and Regulations.
14. The facility shall utilize the existing public water supply, Left Hand Water District.
15. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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.
17. The landscaping on site shall be maintained in accordance with the approved Landscaping
Plan.
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.
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 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.
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.
24. The applicant shall direct his drivers to utilize Weld County Road 6 to Weld County
Road 11, and Weld County Road 11 to or from the facility.
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