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File #: CU-127-20    Version: 1 Name: CU-127-20: Monroe Street Partners West is requesting a Conditional Use Permit to develop a metal recycling facility located at 5400 Monroe Street, zoned I-3 (Heavy Intensity Industrial District).
Type: Conditional Use Permit Status: Passed
File created: 9/21/2020 In control: City Council
On agenda: 11/2/2020 Final action: 11/2/2020
Title: Monroe Street Partners West is requesting a Conditional Use Permit to develop a metal recycling facility located at 5400 Monroe Street, zoned I-3 (Heavy Intensity Industrial District).
Attachments: 1. CUP-127-20, 2. Staff Report, 3. Vicinity Map, 4. Applicant Narrative, 5. Development Plan, 6. EPA Superfund Case History, 7. Subdivision, 8. Staff Presentation, 9. Applicant Presentation, 10. October 6, 2020 Draft Planning Commission Minutes

Title

Monroe Street Partners West is requesting a Conditional Use Permit to develop a metal recycling facility located at 5400 Monroe Street, zoned I-3 (Heavy Intensity Industrial District).

 

Body

Summary and Background Information

The applicant is requesting a Conditional Use Permit and associated Development Plan in order to construct and operate a metal recycling facility. The facility will include one office and maintenance facility, and one non-ferrous metals storage facility totaling 14,860 of building square footage on the roughly 6-acre site. The site will also include an outdoor storage area, fencing, landscaping, and typical site improvements.

 

The Planning Commission has recognized that: i) the Conditional Use Permit is consistent with the Comprehensive Plan, ii) will not negatively impact surrounding properties, and iii) provide for the redevelopment of an underutilized parcel in a core industrial area of the city, which has the potential to positively improve the character of the neighborhood.

 

Please see attached Planning Commission minutes for detailed background and discussion

 

Staff Responsible (Department Head):  Jason Rogers, Community Development Director

Staff Member Presenting:  Domenic Martinelli, Environmental Planner

 

Financial Impact:  N/A

Funding Source:  N/A

 

Staff Recommendation:  On October 6, 2020, the Planning Commission held a public hearing, took testimony, and voted (5 to 0) to forward the Conditional use Permit request to City Council with a recommendation for Approval with Conditions, subject to the findings of fact.

 

Suggested Motion

 

I move that the City Council enter a finding that, subject to conditions, the requested Conditional Use Permit, and associated Development Plan for the property located at 5400 Monroe Street, contained in case CU-127-20, meets the criteria of the Land Development Code and, based upon such finding,  approve the Conditional Use Permit and Development Plan subject to the conditions stated in the conditional use permit document in the council packet

 

Suggested Motion (Long):

I move that the City Council enter a finding that, subject to conditions, the requested Conditional Use Permit, and associated Development Plan for the property located at 5400 Monroe Street, contained in case CU-127-20, meets the criteria of the Land Development Code and, based upon such finding, recommend that the City Council approve the Conditional Use Permit and Development Plan subject to the following conditions:

 

A.                     This approval applies to the Development Plan dated 8/28/20 associated with this Conditional Use Permit.

 

B.                     Building permit issuance shall be restricted until a Request For Ordinance (RFO) is approved by the City and County of Denver for sanitary sewer connection at this site.

 

C.                     This Conditional Use Permit shall be allowed for metal recycling operations, and storage and dismantle of passenger cars, single axle trucks, one-ton trucks, vans, delivery vans, class C RV’s and small type shuttle buses; all such vehicles not to exceed 22 feet in length.  No other types of vehicles, including but not limited to tractor trailers, semi-trucks, full size buses, boats, heavy construction vehicles, or mobile homes as defined in the LDC, are permitted. The storage of inoperable vehicles or salvage of any other type of vehicle requires an amendment to this CUP.

 

D.                     Whole crushed cars may be stored on site for no more than 72 hours. No vehicle crushing shall be permitted on site.

 

E.                     All work performed on vehicles, including repair, draining of fluids, and dismantling, shall occur entirely within a defined containment area on an approved concrete surface. All materials shall be contained within an approved above ground holding tank, and disposed of at an appropriate hazardous waste disposal facility. Vehicle fluids shall not be discharged to any municipal storm system or within any public water supply source or surface water feature, or sent to a municipal landfill.

 

F.                     The facility shall not accept hazardous materials, including but not limited to asbestos or Freon for processing, unless an amendment is made to this Conditional Use Permit.

 

G.                     The property shall be kept clean and free of debris and dust, outside of the designated outdoor storage areas and beyond the perimeter of the screening fence.

 

H.                     The applicant shall obtain and provide copies of any applicable state or federal regulatory agency permits to the Community Development Department, prior to commencement of operations on site.

 

I.                     The applicant shall notify the Community Development Department in writing in the event the use as described in this Conditional Use Permit is discontinued by Monroe Partners West, LLC

 

J.                     Between January 1 and January 31, 2022, the applicant will provide the director with a report detailing all complaints the applicant has received from adjoining landowners during the preceding calendar year, as well as the manner in which the applicant disposed of those complaints. Subsequent reports will be due on or before January 31 of every year thereafter.

 

On or after January 1, 2026, the director will review the applicant’s reports, as well as any violations reported to the city.  If the reports and reported violations, if any, indicate that the use is not compliant with the Conditional Use Permit approval criteria, the director may submit the Conditional Use Permit to the Planning Commission and City Council for review at duly noticed public hearings.  This review will be for the limited purpose of identifying and imposing conditions reasonably necessary to address the complaints demonstrating noncompliance with the Conditional Use Permit approval criteria and will be rationally related to the Conditional Use Permit approval criteria.