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HomeMy WebLinkAbout20170862.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0026, FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD AND USES ALLOWED BY RIGHT IN THE I-1 (INDUSTRIAL) ZONE DISTRICT (SPECIFICALLY, ANY USE OF A RESEARCH, REPAIRING, MANUFACTURING, FABRICATING, PROCESSING, ASSEMBLING OR STORAGE NATURE, PROVIDED THAT THE USE IS ENCLOSED AND SCREENED PER SECTION 23-3-310.B.1) IN THE C-3 (BUSINESS COMMERICAL) ZONE DISTRICT - TROY AND JUDY HEFNER 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 5th day of April, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Troy and Judy Hefner, 370 County Road 16.5, Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0026, for a Commercial Junkyard or Salvage Yard and Uses Allowed by Right in the I-1 (Industrial) Zone District (specially any Use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, provided that the use is enclosed and screened per Section 23-3-310.6.1) in the C-3 (Business Commercial) Zone District, on the following described real estate, being more particularly described as follows: Lots 7, 8 and 9 of the Althen-Boyer Commercial Unit Development 2nd Filing; being part of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicants were present, 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 recommendation 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.B 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 ordinance in effect. Section 22-2-100.A. (C.Goal 1) states, "Promote the location of commercial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management CC : PL CM /Mtn) , PE(I-I(3,), Hi -CBE), C r `3CS�3, Gz.PPL 2017-0862 c-1/(3/17 PL2463 SPECIAL REVIEW PERMIT (USR16-0026) — TROY AND JUDY HEFNER PAGE 2 areas as defined in municipal comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes or where adequate services are currently available or reasonably obtainable." The proposed use is in an area that can support this development. The location of this facility is located in a commercial subdivision and adequate services are currently available. The existing screening, Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the C-3 (Business Commercial) Zone District. Section 23-3-230.A states, "The purpose of the C-3 Zone District is to establish and preserve areas for activities which provide goods or services for the benefit of the general public or which require large amounts of space or high traffic volumes for generating business. The C-3 Zone District shall be located, designed and operated in a manner that minimizes the undesirable impacts on the area in which they are located." All of the proposed uses are listed as either Uses Allowed by Right under Section 23-3-230.B, Accessory Uses under Section 23-3-230.C and Uses by Special Review under Section 23-3-230.D of the Weld County Code. These uses have been determined to fit the intent of the C-3 Zone District. Uses Allowed by Right that are requested include: vehicle repair/service establishments per Section 23- 3-230.B.4; warehousing per Section 23-3-230.B.6; sales and rentals of vehicles and equipment per Section 23-3-230.B.7 and 8; contractor shop per Section 23-3-230.6.11; outdoor storage per Section 23-3-230.B.15; and one (1) 70 -foot telecommunication tower per Section 23-3-230.B.16. Accessory Uses that are requested include: one (1) mobile home for caretaker/security personnel living quarters per Section 23-3-230.C.3. Uses by Special Review that are requested include: uses listed as Uses Allowed by Right in the I-1 (Industrial) Zone District per Section 23-3- 230.D.2 (specifically, any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, provided that the use is enclosed and screened per Section 23-3-310.6.1) and commercial junkyard or salvage yard per Section 23-3-230.D.5. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding land uses include similar uses to those proposed and existing on the subject lots. There are several other USRs and SPRs for outdoor storage, commercial vehicle repair, auto salvage, commercial junkyards, manufacturing businesses, etc. within and adjacent to the Althen-Boyer Commercial Unit Development which provides a suitable location where these uses may be concentrated. Besides USR-1737 and SPR12-0004, all of the USRs and SPRs mentioned hereafter are located within the Althen-Boyer Commercial Unit Development. PUDF16-0002 (2016) permits a construction equipment rental company and is located northwest of the site (Lot 1 Althen-Boyer 2017-0862 PL2463 SPECIAL REVIEW PERMIT (USR16-0026) - TROY AND JUDY HEFNER PAGE 3 CUD). SPR-363 (2003) permits display buildings and sales office and is located northwest of the site (Lot 2 Althen-Boyer CUD). USR-1761 (2012) permits commercial junkyard and salvage yard, sales and rental of vehicles and equipment and vehicle service and repair and is located west of the site (Lot 3 Althen-Boyer CUD). AMUSR-1476 (2007) permits commercial junkyard and salvage yard, sales and rental of vehicles and equipment and vehicle service and repair and is located west of the site (Lot 4 Althen- Boyer CUD). SPR13-0005 (2013) permits sales and rental of vehicles and equipment and is located west of the site (Lot 5 Althen-Boyer CUD). USR- 1737 (2011) permits commercial vehicle storage and repair, agricultural service establishment and one additional home and is located directly east of the site. SPR12-0004 (2012) permits a trailer sales business and is located southwest of the site. 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 is located within the three (3) mile referral area of the City of Dacono, the Town of Erie, the City of Northglenn and the City and County of Broomfield. The City of Northglenn in their referral comments, dated August 5, 2016, indicated that they have no concerns. The City and County of Broomfield provided information regarding the existing right-of-way and that no access permits are required at this time, per emails dated February 2, 2017, and February 3, 2017. No responses were received from the City of Dacono or the Town of Erie. The site is not located within any existing Intergovernmental Agreement Area (IGA) or Urban Growth Boundary (UGB) of a municipality. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is located in the Geologic Hazard Overlay; Conditions of Approval and Development Standards address compliance with this Overlay District. The site is not located in the A -P (Airport) Overlay District. The site is not located in a floodplain. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 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. The proposed facility is located on approximately 9.89 acres of Prime (Irrigated) - Farmlands of National Importance, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will not further remove any prime agricultural land from agricultural production. The lots are located within the Althen-Boyer Commercial Unit Development; those uses envisioned and existing in the 2017-0862 PL2463 SPECIAL REVIEW PERMIT (USR16-0026) — TROY AND JUDY HEFNER PAGE 4 subdivision are aimed for providing commercial uses rather than agricultural and most of the lots are already being utilized for intensive commercial purposes. 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 can 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 Troy and Judy Hefner, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0026, for Commercial Junkyard or Salvage Yard and Uses allowed by Right in the I-1 (Industrial) Zone District (Specially any Use of a Research, Repairing, Manufacturing, Fabricating, Processing, Assembling or Storage Nature Provided that the Use is enclosed and screened per Section 23-3-310.6.1) in the C-3 (Business Commercial) Zone District in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The applicant shall address the requirements of Mountain View Fire Rescue, as stated in the referral response dated August 26, 2016, letter dated February 22, 2017, and emails dated February 27, 2017. Written evidence of such shall be submitted to the Weld County Department of Planning Services. B. Section 23-3-250.A.5.a of the Weld County Code states, "No more than eighty-five percent (85%) of the total area of a lot in any Commercial Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably landscaped." Section 23-3-250.A.5.b of the Weld County Code states, "That portion of a lot in any Commercial Zone District which abuts a public or private street right-of-way shall be landscaped for a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot. Sidewalks and driveways may pass through the required landscaped areas." Therefore, the applicant shall provide a Landscape Plan for review and approval to the Department of Planning Services that addresses Section 23-3-250.A.5 of the Weld County Code. C. The site is located in a Geologic Hazard Area. The applicant shall obtain a Geological Hazard Development Permit from the Weld County Department of Planning Services that also addresses the referral from the Colorado Geological Survey (CGS), dated August 31, 2016, which states that Lots 7 and 8 may contain openings to the Washington Mine. The CGS 2017-0862 PL2463 SPECIAL REVIEW PERMIT (USR16-0026) — TROY AND JUDY HEFNER PAGE 5 recommended that these openings be located, plugged/stabilized, and sealed in accordance with the Division of Reclamation, Mining, and Safety standards. The applicant shall submit with their Geologic Hazard Development Permit, a report by a Professional Geologist stating that the mine openings have been located, plugged/stabilized, and sealed. D. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. A Certification of Completion to show the completed construction of the stormwater facilities is required, prior to recording the plan. E. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0026. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) Trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) Landscaping and screening, including the six-foot metal privacy fence. 6) Lighting in accordance with Section 23-3-250.B.6 of the Weld County Code. 7) Location of the Mountain View Fire Rescue fire hydrant and any easement associated with the fire hydrant. 8) Location of the Central Weld County Water District meter (#3161 for Lot 8) and the water line easement (reception #4229064). 2017-0862 PL2463 SPECIAL REVIEW PERMIT (USR16-0026) — TROY AND JUDY HEFNER PAGE 6 9) Location and layout of the areas for outdoor storage, including the rows, aisle width and parking stalls. 10) Location of the areas for the commercial junkyard and vehicle salvage yard. 11) Location of existing buildings and gates. 12) Proposed location of the mobile home for caretaker/security personnel living quarters. 13) Location of the existing 70 -foot telecommunication tower, associated structures and the location of Amended Subdivision Exemption SE -928 Lot which contains the telecommunication tower. 14) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 15) Parking area for the vendors, customers and employees including ten (10) parking spaces and one (1) ADA (Americans with Disabilities Act) parking space. Parking design shall adhere to Chapter 23, Article IV, Division I, and Appendices 23-A and 23-B of the Weld County Code. 16) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. 17) Show and label the existing right-of-way for County Road 6 and the agreed upon City and County of Broomfield access(es). 18) Show and label the Geologic Hazard Area. 19) Show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Stormwater Retention/Detention, No -Build or Storage Area" and shall include the calculated volume. 20) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2017-0862 PL2463 SPECIAL REVIEW PERMIT (USR16-0026) — TROY AND JUDY HEFNER PAGE 7 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. 6. Prior to the issuance of the Certificate of Occupancy: A. An onsite wastewater treatment system is required for the proposed caretaker/security mobile home residence and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. 7. 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 or the applicant has been approved for an early release agreement. 2017-0862 PL2463 oun y Attorney SPECIAL REVIEW PERMIT (USR16-0026) — TROY AND JUDY HEFNER PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of April, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditic.44) ;e1 Weld County Clk to the Board BY A-• ty Clerk to the Board APP- e D A ter% !RM: Date of signature: Ju ie /j, C,bzad, Chair Steve Moreno, Pro-Tem Sean P. Conway Mikereeman e e r arbara Kirkm 2017-0862 PL2463 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TROY AND JUDY HEFNER USR16-0026 1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0026, is for Commercial Junkyard or Salvage Yard and Uses Allowed by Right in the I-1 (Industrial) Zone District (specifically, any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, provided that the use is enclosed and screened per Section 23-3-310.B.1) in the C-3 (Business Commercial) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation for the service, repair, sales, junkyard and other associated commercial business operations are 6:00 a.m. — 9:00 p.m., Monday — Sunday. 24 hour access is permitted by electronic keypad entry for access to the outside storage areas. 4. The number of on -site employees shall be three (3). 5. The parking area on the site shall be maintained. 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 7. The landscaping/screening on the site shall be maintained. 8. Collocation of other antennas by other service providers shall be permitted on the telecommunication tower. 9. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure, and any associated equipment shall be removed and the premises restored to its original condition according to the Decommissioning Plan. 10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties, where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 11. Lot 8 is the only parcel included in the Northern Colorado Water Conservancy District Petition and water from the new Central Weld County Water District tap installation cannot be used on Lot 7 or Lot 9. Any future development on Lots 7 or 9 will require a separate CWCWD tap. 12. 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. 2017-0862 PL2463 DEVELOPMENT STANDARDS (USR16-0026) — TROY AND JUDY HEFNER PAGE 2 13. 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. 14. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 17. The 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. 18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 19. Any vehicle washing area shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 20. The applicant shall acquire an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 21. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons, at all times. For ten (10) or less customers per day or employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 22. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 23. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 2017-0862 PL2463 DEVELOPMENT STANDARDS (USR16-0026) — TROY AND JUDY HEFNER PAGE 3 24. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 26. The historical flow patterns and runoff amounts on the site will be maintained. 27. Weld County is not responsible for the maintenance of on -site drainage related features. 28. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division II of the Weld County Code. 29. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 30. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 31. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 32. 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. 33. 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. 34. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's 2017-0862 PL2463 DEVELOPMENT STANDARDS (USR16-0026) — TROY AND JUDY HEFNER PAGE 4 economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 35. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2017-0862 PL2463 Hello