HomeMy WebLinkAbout20021976.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1371 FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (STORAGE UNITS) IN THE A(AGRICULTURAL) ZONE DISTRICT
- BENNIE RODRIGUEZ
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 14th day
of August, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Bennie Rodriguez, P.O. Box 1376, Greeley, Colorado 80634, for a
Site Specific Development Plan and Use by Special Review Permit#1371 for a Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (storage units) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot A of Recorded Exemption #2063; being part of
the NW1/4 of Section 35, Township 5 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Andy Jones, Lind, Lawrence, and
Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado 80631, 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 is compatible with surrounding
land uses in the area, that the proposed Conditions and Development Standards will adequately
mitigate any incompatibilities, and that the 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.B.2 -- The proposal is consistetu with the intent of the
Zone District in which the use will be located. Section 23-3-40.R of the
Weld County Code provides for a business permitted as a Use by Right
or Accessory Use in the Commercial Zone District as a Use by Special
Review in the A (Agricultural) Zone District.
2002-1976
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SPECIAL REVIEW PERMIT#1371 - BENNIE RODRIGUEZ
PAGE 2
b. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses.
c. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with the future development of the surrounding area as
permitted by the existing Zone District and with 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.
d. Section 23-2-230.6.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Bennie Rodriguez for a Site Specific
Development Plan and Use by Special Review Permit #1371 for a Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (storage units) 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 plat:
A. The applicant shall submit a plat drawing to the Weld County Department
of Public Works that shows adequate turning radiuses to accommodate
larger U-haul lease trucks at all turning locations, the retention pond,
office facilities and associated parking. Evidence of Weld County
Department of Public Works approval shall be submitted to Weld County
Department of Planning Services.
B. The applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall meet all requirements of
Sections 23-2-240.A.10, 23-3-250.A.5.a and b, and 23-3-350.G.1 and 2
of the Weld County Code. The plan shall also address on-site lighting
and trash.
C. The applicant shall submit a Drainage Report to the Weld County
Department of Public Works for review and approval. The report shall be
in compliance with the Design Standards described under
Sections 24-7-120 and 24-7-130, of the Weld County Code. Evidence of
Weld County Department of Public Works approval shall be submitted to
Weld County Department of Planning Services.
2002-1976
PL1619
SPECIAL REVIEW PERMIT#1371 - BENNIE RODRIGUEZ
PAGE 3
D. The plat shall be amended to delineate the following:
1) The approved Landscape/Screening Plan.
2) The approved Signage Plan.
3) The attached Development Standards.
4) Weld County Road 52 (49th Street) is designated on the
Transportation Plan Map as a collector status road, which requires
an eighty (80) foot right-of-way at full build out. There is presently
a sixty (60) foot right-of-way. A total of 40 feet from the centerline
of Weld County Road 52 shall be delineated on the plat as right-
of-way reservation for future expansion of Weld County Road 52.
5) An access, as approved by the City of Evans, along with the
appropriate easements.
6) The location of hand washing and toilet facilities.
7) The location of the office facility.
8) An adequate turning radius to accommodate larger U-haul lease
trucks at all turning locations, the retention pond, office facilities,
and associated parking as approved by Weld County Department
of Public Works.
E. Weld County Road 52 (49th Street) is maintained by the City of Evans.
The City of Evans has jurisdiction of all accesses in its annexed street
system. The applicant shall contact the City of Evans to verify access
permits or any additional requirements that may be necessary to obtain
or upgrade the permit. Evidence of City of Evans approval shall be
submitted to the Weld County Department of Planning Services.
F. The applicant shall provide the Weld County Department of Planning
Services with a certificate from the Weld County Treasurer showing no
delinquent taxes exist for the original parcel.
G. The applicant shall submit a paper copy of the Use by Special Review
plat for review and approval.
H. The applicant shall submit evidence of reasonable and sufficient access
for fire protection apparatus and of adequate water supply for fire
protection purposes.
2002-1976
PL1619
SPECIAL REVIEW PERMIT#1371 - BENNIE RODRIGUEZ
PAGE 4
2. Upon completion of Condition #1, 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 thirty (30) days from
the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee.
3. Prior to construction:
A. The applicant shall submit evidence that a water tap has been obtained
from Central Weld County Water District for the proposed use.
B. An Individual Sewage Disposal System is required for the proposed self
storage building(s) and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic
system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County I.S.D.S. Regulations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2002.
BOAR�R��D��OF COUNTY COMMISSIONERS
EL a
WE. tiGctUOUNJCYLORADO
ATTEST: guilt
Gleniad, C air
B Weld County Clerk to t L B.= r �.,
Da ' E. Lon co-Tem
BY:
Deputy Clerk to the Boar
M. J. Geile
AP ED AS M: 17j
Ili m H. Jerke
ounty A t�orney
Robert D. Masden
Date of signature: `�1,
2002-1976
PL1619
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BENNIE RODRIGUEZ
USR#1371
1. The Site Specific Development Plan and Use by Special Review Permit#1371 is for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (storage units) in the A (Agricultural)Zone District,
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. 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.
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. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103, C.R.S.,
8. Adequate handwashing and toilet facilities shall be provided for employees and the public.
9. Handwashing and toilet facilities shall be located on site.
10. All office facilities shall be located on site.
11. The facility shall utilize the existing public water supply (Central Weld Water District).
12. The site shall be used for self-storage for lease to customers only. No vehicle washing,
concrete processing, mixing, pouring, or forming shall be conducted on the site.
13. No signage, other than that allowed by Section 23-4-90 of the Weld County Code, shall be
allowed on the site, and it shall be maintained in accordance with the approved Signage
Plan.
14. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
15. The site shall operate only from the hours of 8:00 a.m. to 8:00 p.m. daily.
2002-1976
PL1619
DEVELOPMENT STANDARDS - BENNIE RODRIGUEZ (USR #1371)
PAGE 2
16. The off-street parking spaces (lanes), including access drives, shall be surfaced with
asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems.
17. No parking of vehicles except that of the employee and patrons visiting the site.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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 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.
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.
2002-1976
PL1619
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