HomeMy WebLinkAbout20011683.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1311 FOR A SALVAGE YARD (AUTO SALVAGE, USED TRUCK SALES,
AND GENERAL TRUCK REPAIR) IN BOTH THE 1-3 (INDUSTRIAL)AND
A(AGRICULTURAL) ZONE DISTRICTS -JOHN E.AND M. ELEANOR HOCHMILLER,
C/O JOHN M. HOCHMILLER
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 18th day
of July, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of John E. and M. Eleanor Hochmiller, do John M. Hochmiller, 19867 Scotch
Pine Drive, LaSalle, Colorado 80645, for a Site Specific Development Plan and Use by Special
Review Permit#1311 for a Salvage Yard (auto salvage, used truck sales, and general truck
repair) in both the 1-3 (Industrial) and A (Agricultural)Zone Districts on the following described
real estate, to-wit:
E1/2 W1/2 NE1/4 of Section 32, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by John M. Hochmiller 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.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.D.1
(I.Goal 4) promotes industrial development that is appropriately located in
relation to surrounding land uses and that meets necessary
environmental standards.
2001-1683
/pe ' /221 "al 4//i 41/0/0/ PL1541
SPECIAL REVIEW PERMIT#1311 - JOHN E. AND M. ELEANOR HOCHMILLER, C/O JOHN
M. HOCHMILLER
PAGE 2
b. Section 23-2-230.B.2—The proposed use is consistent with the intent of
the A(Agricultural) and 1-3 (Industrial) Zone Districts.
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. Section 23-3-40.G of the Weld County Code
provides for junkyards or salvage yards 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. The lots to the west
and south of the site have salvage yards. Both lots also have pending
violations which will be required to come into compliance with the Weld
County Code. The lot east of the site is vacant; however, directly adjacent
to the vacant lot is an existing waste storage and treatment facility. This
facility is currently being reviewed by the Weld County Department of
Planning Services under Amended Site Plan Review#297. Six hundred
and sixty (660)feet south of 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 Moser Dairy, permitted by Use by
Special Review Permit#1201 for 6,000 head of cattle. Conditions of
Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
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 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 23-2-230.6.6—The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. Three-quarters of the site lies within the 1-3 (Industrial)
Zone District. The small portion that is zoned Agricultural is designated
"Prime if they become irrigated" by the U.S.D.A. Soil Conservation
Services. However, the location and size of the portion zoned Agricultural
severely limits its productivity.
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.
2001-1683
PL1541
SPECIAL REVIEW PERMIT#1311 -JOHN E. AND M. ELEANOR HOCHMILLER, C/O JOHN
M. HOCHMILLER
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John E. and M. Eleanor Hochmiller, do John M.
Hochmiller for a Site Specific Development Plan and Use by Special Review Permit#1311 for a
Salvage Yard (auto salvage, used truck sales, and general truck repair) in both the 1-3
(Industrial) and A (Agricultural) Zone Districts 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 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. 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. If applicable, the applicant shall submit evidence of compliance with the
Environmental Protection Agency for the Class V Injection Well
Regulations to the Weld County Department of Public Health and
Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
C. The applicant shall submit a letter requesting the vacation of Special Use
Permit#311.
D. The applicant shall submit evidence to the Weld County Department of
Public Health and Environment, Environmental Health Services Division,
that the existing NPDES Permit (COR-060000)was amended for the
operation if the Water Quality Control Division of the Colorado
Department of Public Health and Environment determines that such a
2001-1683
PL1541
SPECIAL REVIEW PERMIT#1311 -JOHN E. AND M. ELEANOR HOCHMILLER, CIO JOHN
M. HOCHMILLER
PAGE 4
modification represents a significant change in the discharge. Evidence
of approval shall be submitted to the Weld County Department of
Planning Services.
E. All waste materials and other debris (pallets, wood wastes, and other
miscellaneous debris) shall be removed and disposed or recycled at an
approved facility. The applicant shall submit a plan of correction, for
review and approval, 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.
F. In accordance with Section 23-33-350.B, sufficient off street, paved
parking areas shall be provided to meet the requirements of employees,
company vehicles, visitors, and customers of the uses allowed.
G. All salvage materials, including used truck trailers, shall be located 50
feet from the center line of road to provide some level of open space to
the lot.
H. The Environmental Health Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the septic system serving the existing mobile home and
customer service area. 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, it shall be
brought into compliance with current regulations. Evidence of approval
shall be submitted to the Weld County Department of Planning Services.
A detailed Weed Maintenance Plan indicating how weeds will be
maintained on the site, shall be submitted to the Weld County
Department of Planning Services for review and approval.
J. The Plat shall be amended to include the following:
1) The approved Weed Maintenance Plan.
2) The directional flow of traffic throughout the salvage storage area.
3) The Plat shall be redrawn so that all illustrations are orientated
with "North" as being to the top of the Plat.
2001-1683
PL1541
SPECIAL REVIEW PERMIT#1311 -JOHN E. AND M. ELEANOR HOCHMILLER, CIO JOHN
M. HOCHMILLER
PAGE 5
K. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
���,,` WELD COU YfY, COLORADO
ATTEST: /�i i!� �
� � '
M. J. eile, C air
Weld County Clerk to t 0 4s?4 GI nn Va
•
Deputy Clerk to the Boa' jr
WillWillkink H. Jerke
AP T ORM:
David E. Long ^V
ounty orney EXCUSED DATE�OF SI ING (AYE)
Robert D. Masden
Date of signature: 3-
Date of full execution: !A__
2001-1683
PL1541
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN E. AND M. ELEANOR HOCHMILLER
C/O JOHN M. HOCHMILLER
USR#1311
1. The Site Specific Development Plan and Use by Special Review Permit #1311 is for a
Salvage Yard (auto salvage, used truck sales and general truck repair) in both the 1-3
(Industrial) and A (Agricultural) Zone Districts, 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. 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.
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. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial,
Zone District as delineated in Section 25-12-103, C.R.S.
8. Adequate hand washing and toilet facilities shall be provided for the public.
9. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed shop and
shall be designed by a Colorado Registered Professional Engineer and installed according
to the Weld County I.S.D.S. Regulations.
10. No wastes, other than domestic wastes, shall enter any septic system.
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, pursuant to Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
12. All liquid wastes shall be stored in covered drums, in a covered structure, or on a concrete
pad.
13. The facility shall utilize the existing well (Permit 055618).
14. The existing residence is a nonconforming use. File NCU#349 has been established. The
residence shall comply with all regulations listed in Section 23-7-10 of the Weld County
Code.
2001-1683
PL1541
DEVELOPMENT STANDARDS -JOHN E. AND M. ELEANOR HOCHMILLER, C/O JOHN M.
HOCHMILLER (USR#1311)
PAGE 2
15. The property owner or operator shall be responsible for complying with the Design
Standards of Sections 23-2-240 and 23-3-350, Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Sections 23-2-250 and 23-3-360, Weld County Code.
17. 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.
18. The Use by Special Review area shall be limited to the plans shown hereon and govemed
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.
19. 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.
2001-1683
PL1541
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