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HomeMy WebLinkAbout960587.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1107 FOR WHOLESALE USED VEHICLE SALES IN THE A(AGRICULTURAL) ZONE DISTRICT - HUBERT L. AND MARGARET O. COLLINS 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 3rd day of April, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Hubert L. and Margaret O. Collins, 23547 Weld County Road 13, P. O. Box 490, Johnstown, Colorado 80534, for a Site Specific Development Plan and Special Review Permit#1107 for wholesale used vehicle sales in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NW% of Section 6, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, Hubert and Margaret Collins, applicants, were present at said hearing, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan, as amended, and is provided for as a Use by Special Review. The site is located within the Urban Growth Boundary of the Town of Johnstown. Johnstown has reviewed the request and finds no conflicts with its interests. b. The proposal complies with the agricultural goals and policies of the Comprehensive Plan, as amended, because no prime agricultural ground will be taken out of production. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas structures, a residence and feedlot. p f2L) /L) Oml(f 960587 PL1025 SPECIAL REVIEW PERMIT#1107 - COLLINS PAGE 2 d. No overlay districts affect this site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and county. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Hubert L. and Margaret O. Collins for a Site Specific Development Plan and Special Review Permit #1107 for wholesale used vehicle sales 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 Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The 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 30 days of approval by the Board of County Commissioners. 2. No additional building or electrical permits shall be issued on the property until the Special Review plat is ready to be recorded in the Office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: a. The width of the two existing gravel drives which access Weld County Road 13 shall be increased to 24 feet, in accordance with Weld County Public Works Department requirements. The 24-foot width shall be identified on the plat. b. The applicants shall submit a waste handling plan to the Department of Planning Services for review and approval by the Environmental Protection Services Division of the Weld County Health Department. The plan shall include the following: i) A list of wastes (i.e. used oil and other fluids, etc.) which are expected to be generated on site, including expected volumes and types of wastes generated. ii) A list of the types and volume of chemicals expected to be stored on site. iii) The waste handler facility where the waste will be disposed, including the facility name, address and phone number. 960587 PL1025 SPECIAL REVIEW PERMIT#1107 - COLLINS PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of April, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, C OOLORP// O �\I �• Gilt Es' U� � .ew: arbar J. Kirkmeyer, Chair OIL o ty Clerk to the Board r rge . Baxter, Pro- $m Deputy Clerk tai he Board _ Dale K. Hall APP D AS T • Cta ± irbed /� ounty Attor y �— W. H. Webster/ E�-2)1V "(/ � 960587 PL1025 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HUBERT L. AND MARGARET O. COLLINS USR #1107 1. The Site Specific Development Plan and Special Review Permit is for wholesale used vehicle sales (the preparation and repair of used vehicles for sale) in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Retail vehicle sales shall not be permitted on the property. 4. The site shall not be used as a commercial junk yard. 5. The number of vehicles stored on the property shall not exceed 20. 6. The stored vehicles shall be kept in the screened storage area. 7. The applicants shall plant and maintain the screening materials in accordance with the approved screening plan. 8. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 9. No permanent disposal of wastes shall be permitted at this site. 10. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. 11. Fugitive dust shall be controlled on this site. 12. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 13. The applicants shall have an I.S.D.S. evaluation performed by a Colorado Registered Professional Engineer to determine if the septic system in their residence has been adequately designed for the additional load presented by this business use. If the applicants do not wish to provide the restroom facilities within the residence for business use, a restroom served by an individual sewage disposal system will be required within the shop building. The septic system shall be designed by a Colorado Registered Professional Engineer in accordance with Weld County I.S.D.S. regulations. 14. The 24-foot access easement located on the south boundary of the parcel and identified on the plat shall not be used for ingress and egress to the Special Review activity site. 960587 PL1025 DEVELOPMENT STANDARDS - COLLINS (USR#1107) PAGE 2 15. All future construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 18. Personnel from the Weld County Health Department and Weld County Department of 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 Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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. 960587 PL1025 Hello