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Home My WebLink About981894.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF-COUNTY COMMISSIONERS Moved by Glenn Vaad that the following resolution be introduced for passage by the Weld County Planning Commission, along with the addition of Conditions of Approval letters H through K. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1193 APPLICANT: Gary & Mary Novotny ADDRESS: 39592 Weld County Road 18, Roggen, CO 80652 -, PLANNER: Sheri Lockman REQUEST: A Site Specific Development Plan and a Special Review Permit for a junkyard and salvage yard in the A(Agricultural zone district). LEGAL DESCRIPTION: NW4 NE4 of Section 27, T2N, R62W of the 6th P.M., Weld County, Colorado LOCATION: South of an adjacent to Weld County Road 18; west of Weld County Road 81 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 24.7 of the Weld County Zoning Ordinance, as amended. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan, as amended. A.Policy 1 of the Comprehensive Plan states that agricultural zoning is established to protect and promote the county's agricultural industry. The use is currently occurring on the site, so no additional farm land will be taken out of production. This Use by Special Review application is intended to bring this site into compliance with the Weld County Zoning Ordinance. The Use by Special Review Permit area and the attached Conditions of Approval and Development Standards make the proposed use consistent with the Weld County Comprehensive Plan's Agricultural, Environmental Quality and Natural Resources Goals and Policies. b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone district. Section 31.4.7 of the Weld County Zoning Ordinance provides for Junkyards or Salvage yards as a Use by Special review in the Agricultural zone district. c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended and will be compatible with future development of the surrounding area. The attached Conditions of Approval and Development Standards will ensure that the proposal is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing county zoning and the Weld County Comprehensive Plan. The surrounding land uses include vacant land with natural grasses, rural residences, and dryland wheat. 4 EXHIBIT 981894 use-4I193 RESOLUTION, USR-1193 Gary Novotny Page 2 d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone districts and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The proposed site is not in the growth boundaries of any municipality. e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive agricultural land. The proposed use is located in an area designated as high potential for dryland crops/prime if they become irrigated. Since the use is currently occurring on the site, no additional productive farm ground will be taken out of production. g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended), 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 Commission's 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 plat. 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 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. Landscaping is in existence along the east and north borders. A landscaping and screening plan shall be submitted to the Department of Planning Services for review and approval. The plan shall address maintenance of the landscaping materials and replacement of dying materials. (Planning Dept.) B. Submit evidence to the Department of Planning Services that the west entrance to the circle drive has been removed to the satisfaction of the Public Works Department and the plat amended to show only one access onto Weld County Road 18. (Public Works Dept.) C. Submit evidence to the Department of Planning Services that a waste handling plan has been submitted and approved by the Environmental Protection Services Division of the Weld County Health Department. (Health Dept.) The plan shall include the following: 1) A list of wastes which are expected to be generated on site (this shall include expected volumes and types of waste generated). ggl8 `1q RESOLUTION, USR-1193 Gary Novotny Page 3 2) A list of the types 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). D. Submit evidence to the Department of Planning Services that any existing septic system(s) meets all requirements of the Weld County Health Department. The Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system located at 39592 Weld County Road 18. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. (Health Dept.) E. The plat shall be amended: 1) to identify the visitor or customer parking and circulation plan for access through the facility. This can be done with flow arrows, lanes, streets, or alleyways. (Public Works Dept.) 2) to indicate drainage flow to the borrow pit along the west side of the property. (Public Works Dept.) 3) to reflect the approved landscaping plan. (Planning Dept.) F. No 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. (Planning Dept.) G. The Special Use area shall be buffered and screened to make the appearance and operation harmonious to the surrounding land uses. (Planning Dept.) H. The waste water collection and storage facilities shall be adequately constructed and sized to handle a 25-year, 24-hour storm event. (Planning Commission) The USE area shall be limited to 5 acres. (Planning Commission) J. The west access to the circle drive may be kept open if the derelict vehicles and debris are removed and it is properly maintained as a residential access. (Planning Commission) K. The maximum number of trailers allowed on the special use site shall be twenty. No trailers will be stored outside the special use area. (Planning Commission) ggl7gY RESOLUTION, USR-1193 Gary Novotny Page 4 Motion seconded by Arlan Marrs. VOTE: For Passage Against Passage Glenn Vaad Bruce Fitzgerald Arlan Marrs Fred Walker Stephan Mokray Marie Koolstra Michael Miller The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner for further proceedings. CERTIFICATION OF COPY I, Wendi Inloes, 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 August 4, 1998. Dated the 4th of Au ust, 1998. Wendi Inloes Secretary 9g Iggy SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GARY & MARY NOVOTNY USR-1193 1. The Site Specific Development Plan and Special Use Permit is for a junkyard and salvage yard in the A (Agricultural) zone district, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Planning Dept.) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning Dept.) 3. The hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m. and 8:00 to noon on Saturday. (Planning Dept.) 4. The number of full-time employees shall not exceed two. When these employees are hired, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of an 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 Protection Services Division of the Weld County Health Department. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Health Dept.) 5. The landscaping on site shall be maintained in accordance with the approved landscaping plan. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality. (Planning Dept.) 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept.) 7. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 8. No burning of wastes shall be permitted at this site. (Health Dept.). 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 10. Fugitive dust shall be controlled on this site. (Health Dept.) 11. The maximum permissible noise level shall not exceed the residential limit of 55 db (A) as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) 12. Adequate toilet facilities shall be provided for the employees. The applicant stated the bathroom facilities in the house would be available to the employees. (Health Dept.) 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. (Health Dept.) 14. Any structures used for storage must have the appropriate permits. (Planning Dept.) 15. No off-site parking, staging, or unloading of vehicles shall be allowed on Weld County Road 18. (Public Works Dept.) 16. All storm water should be captured and retained and not allowed to leave the site. (Public Works Dept.) 17. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Planning Dept.) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. (Planning Dept.) 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.(Planning Dept.) 20 Personnel from the Weld County Health Department and Weld County Planning Department 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. (Planning Dept.) 21. 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 Planning Commission 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. (Planning Dept.) 22. 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. (Planning Dept.) qR/Sigli Hello