HomeMy WebLinkAbout20021992.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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-1372
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 (Concrete
Business) in the A(Agricultural)Zone District
Legal Description: Lot B 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 as follows:
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.
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 plat shall be amended to delineate the following:
1) The approved Landscape/Screening Plan. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) 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.
(Department of Public Works)
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4) A shared access point for Lots A and B of Recorded Exemption 2063.
(Department of Public Works and Department of Planning Services)
I*IT
2002-1992
Resolution USR-1372
Bennie Rodriguez
Page 2
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,
on-site trash and location and type of all fencing. (Department of Planning Services)
C. The existing septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into compliance with
current Regulations. Evidence of Weld County Department of Public Health and
Environment approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
D. Weld County Road 52 (49th 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)
E. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health and Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including expected
volumes and types of waste generated. (Department of Public Health and
Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
3) The waste handler and facility where the waste will be disposed, including the
facility name, address, and phone number. (Department of Public Health and
Environment)
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 evidence that they have a water tap for the proposed use
from Central Weld County Water District. (Department of Planning Services)
H. 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.
Resolution USR-1372
Bennie Rodriguez
Page 3
4. Prior to operation:
A. A building permit shall be obtained for a change of use to a shop building. (Building
Inspection)
B. A plan review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for the permit. (Building Inspection)
/'1
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BENNIE RODRIGUEZ
USR-1372
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
(Concrete Business) 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)
tr 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.(Department of Public
Health and Environment)
9. The facility shall utilize the existing public water supply. (Central Weld Water District)(Department
of Public Health and Environment)
10. The site shall be used as a shop and office only. No vehicle washing,concrete processing,mixing,
pouring,or forming shall be conducted on the site. (Department of Public Health and Environment)
11. 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)
12. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
13. The Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
14. Client contacts shall be conducted off site or by telephone and mail. No customers shall be allowed
at this site. (Department of Planning Services)
15. Any maintenance work done on site shall be performed within the 40'X 60' shop. (Department of
Planning Services)
Resolution USR-1372
Bennie Rodriguez
Page 2
16. The site shall operate only during daylight hours. This includes vehicle traffic not related to the
residence. (Department of Planning Services)
17. The off-street parking spaces including access drives shall be surfaced with gravel, asphalt,
concrete, or the equivalent and shall be graded to prevent drainage problems. (Department of
Public Works)
18. No parking of vehicles shall be allowed on site except those related to the residence or concrete
business. (Department of Planning Services)
19. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and
Chapter 29 of the Weld County Code. (Building Inspection)
20. Buildings will require a letter from a Colorado registered engineer stating that the foundation is
structurally suitable for the intended use. (Building Inspection)
21. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County
Code. (Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
24. 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.
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 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.
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.
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nickles
Fred Walker
Stephan Mokray
John Folsom
Luis Llerena
Resolution USR-1372
Bennie Rodriguez
Page 3
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 7`" of May, 2002. y�
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Voneen ee Macklin
Secretary
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