HomeMy WebLinkAbout981751.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1193 FOR A JUNKYARD AND SALVAGE YARD IN THE A (AGRICULTURAL) ZONE
DISTRICT - GARY AND MARY NOVOTNY
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 23rd day
of September, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Gary and Mary Novotny, 39592 Weld County Road 18, Roggen,
Colorado 80652, for a Site Specific Development Plan and Special Review Permit#1193 for a
junkyard and salvage yard in the A (Agricultural) Zone District on the following described real
estate, to-wit:
NW% NE% of Section 27, Township 2 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was 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. Section 24.4.2.1 -- 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.
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SPECIAL REVIEW PERMIT#1193 - GARY AND MARY NOVOTNY
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b. Section 24.4.2.2 -- 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 A (Agricultural) Zone District.
c. Section 24.4.2.3 -- 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 Ordinance and the Weld County Comprehensive Plan. The
surrounding land uses include vacant land with natural grasses, rural
residences, and dryland wheat.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District 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 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- 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 24.4.2.7 --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 the health, safety, and welfare of the
inhabitants of the neighborhood and county.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gary and Mary Novotny for a Site Specific
Development Plan and Special Review Permit#1193 for a junkyard and salvage yard 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
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.
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SPECIAL REVIEW PERMIT#1193 - GARY AND MARY NOVOTNY
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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.
B. 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.
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).
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).
C. 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.
D. 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.
2) To indicate drainage flow to the borrow pit along the west side of
the property.
3) To reflect the approved landscaping plan.
E. 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.
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SPECIAL REVIEW PERMIT#1193 - GARY AND MARY NOVOTNY
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F. The special use area shall be buffered and screened to make the
appearance and operation harmonious to the surrounding land uses.
G. 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.
3. All waste, debris, and trailers will be relocated to the five-acre site before
January 1, 1999.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
o W D COUNTY, COLORADO
ATTEST: jLi
,l �l I ,� ��J15�piar�/L� 6i� , .lZGce�
Constance L. Harb rt, Chair
Weld County Clerk tot B. d � �.p j'
)2,717
861 �� �� W. H. W bst r, ro-Tem
BY: -// �� i�•I ..:%s�� �.
Deputy Clerk to thr: ° i
\ IJ11 r, �, eorge naxter
AP V ORM:
Dale K. Hall
aunty Attar ey EXCUSED
Barbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY AND MARY NOVOTNY
USR#1193
1. The Site Specific Development Plan and Special Use Permit#1193 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. The hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m. and 8:00
a.m. to noon on Saturday.
4. The number of full-time equivalent 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.
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.
6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. No burning of wastes shall be permitted at this site.
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. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to Section 25-12-102, C.R.S., as amended.
12. Adequate toilet facilities shall be provided for the employees. The applicant stated the
bathroom facilities in the house will be available to the employees.
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5, Colorado Water Quality
Control Act and Rules and Regulations.
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DEVELOPMENT STANDARDS - GARY AND MARY NOVOTNY (USR#1193)
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14. Any structures used for storage must have the appropriate permits.
15. No off-site parking, staging, or unloading of vehicles shall be allowed on Weld County
Road 18.
16. All storm water should be captured and retained and not allowed to leave the site.
17. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
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.
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.
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.
21. The waste water collection and storage facilities shall be adequately constructed and
sized to handle a 25-year, 24-hour storm event.
22. The USE area shall be limited to 5 acres.
23. The maximum number of trailers allowed on the special use site shall be twenty. No
trailers will be stored outside the special use area.
24. No storage shall be allowed in the waste retention area.
25. 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 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.
26. 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.
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