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HomeMy WebLinkAbout20021977.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS /' Moved by Stephan Mokray that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: USR-1371 Planner: S Lockman Applicant: Bennie Rodriguez P.O. Box 1376 Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit 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 Legal Description: Lot A RE-2063 being part of the NW4 Section 35, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to Weld County Road 52 (49th Street), 1/4 mile east of 47th Ave. 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 23-2- 260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code. 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. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall submit a detailed signage plan to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a copy of an agreement with the properties mineral owners, stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate their concerns. (Department of Planning Services) 2. 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 radius to accommodate larger U-haul lease trucks at all turning locations, the retention pond, location of office facilities and associated parking. Evidence of Weld County Department of Public Works approval shall be submitted to Weld County Department of Planning Services. (Department of Public Works and 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, 23-3- 350.G.1 and 2 of the Weld County Code. The plan shall also address on-site lighting and trash (Department of Planning Services) EXHIBIT 2002-1977 1la-x-13?I Resolution USR-1371 Bennie Rodriguez Page 2 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 Sections 24-7- 120 and 24-7-130, Article VII, Design Standards, Chapter 24, Weld County Code. Evidence of Weld County Department of Public Works approval shall be submitted to Weld County Department of Planning Services. (Department of Public Works) D. The plat shall be amended to delineate the following: 1) The approved Landscape/Screening Plan. (Department of Planning Services) 2) The approved Signage Plan. (Department of Planning Services) 3) The attached Development Standards. (Department of Planning Services) 4) Weld County Road 52 (49'" 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. (Department of Public Works) 5) A shared access point for Lots A and B of Recorded Exemption 2063. (Department of Public Works and Department of Planning Services) 6) The location of Hand washing and toilet facilities. (Department of Planning Services) 7) The location of the office facility. (Department of Planning Services) 8) An adequate turning radius to accommodate larger U-haul lease trucks at all turning locations, the retention pond, location of office facilities and associated parking as approved by Weld County Department of Public Works. (Department of Public Works) E. Weld County Road 52 (49'" Street) is maintained by the City of Evans. The City of Evans has jurisdiction of all accesses in their annexed street system. The applicant shall contact the City of Evans office to verify access permits or for 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. (Department of Public Works) 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. (Department of Planning Services) G. The applicant shall submit a paper copy of the Use by Special Review plat for review and approval. (Department of Planning Services) 3. Upon completion of 1 and 2 above 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 Department of Planning Services' Staff. 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. 4. Prior to construction: Resolution USR-1371 Bennie Rodriguez Page 3 A. The applicant shall submit evidence that a water tap has been obtained from Central Weld County Water District for the proposed use. (Department of Planning Services) 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 Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BENNIE RODRIGUEZ USR-1371 1. The Site Specific Development Plan and Special Use Permit 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. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate handwashing and toilet facilities shall be provided for employees and the public. (Department of Public Health and Environment) 9. Handwashing and toilet facilities shall be located on site. (Department of Planning Services) 10. All office facilities shall be located on site. (Department of Planning Services) 11. The facility shall utilize the existing public water supply. (Central Weld Water District)(Department of Public Health and Environment) 12. The site shall be used for self-storage for lease to customers only. No vehicle washing, concrete processing,mixing,pouring,orforming shall be conducted on the site.(Department of Public Health and Environment) 13. No signage other than that allowed by Section 23-4-90 of the Weld County Code shall be allowed on the site and shall be maintained in accordance with the approved Signage Plan. (Department of Planning Services) 14. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 15. The site shall operate only from the hours of 8 a.m. to 8 p.m. daily. (Department of Planning Services) 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. (Department of Public Works) Resolution USR-1371 Bennie Rodriguez Page 2 17. No parking of vehicles except that of the employee and patrons visiting the site. (Department of Planning Services) 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 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. Motion seconded by Fred Walker. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nickles Fred Walker Stephan Mokray John Folsom Luis Llerena The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, 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 May 7, 2002. Dated the 7th of May, 2002. r S I , i aftu-- Voneen Macklin Secretary Hello