HomeMy WebLinkAbout20043085.tiff 2% RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT #1484 FOR A USE PERMITTED AS A USE BY
RIGHT IN THE INDUSTRIAL ZONE DISTRICT(SANDBLASTING BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT -JAMES STEPANEK
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 10th day of
November,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of James Stepanek, 18012 Weld County Road 1,P.O.Box 1455,Berthoud,Colorado
80513, for a Site Specific Development Plan and Use by Special Review Permit#1484 for a Use
Permitted as a Use by Right in the Industrial Zone District (sandblasting business) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption#1285;being part of the
S1/2 SW1/4 of Section 31,Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Chrysten Hinze, 710 11th Avenue,
Suite L-60, 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 shall be denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
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 not consistent with Chapter 22
of the Weld County Code. Section 22-2-60.D(A.Goal 4)states,"Conversion
of agricultural land to nonurban residential,commercial,and industrial uses
will be accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be compatible with
the region." The proposed use will not be compatible with the region.
b. Section 23-2-230.B.3 -- The uses which would be permitted are not
compatible with the existing surrounding land uses. There are two single
family residences to the immediate north and east of the site. Agricultural
parcels with single family residences are located to the south and west of the
site. The proposed use will not be compatible with surrounding properties
because the noise and air quality issues cannot be adequately mitigated.
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3240299 12/02/2004 11:04A Weld County, CO
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SPECIAL REVIEW PERMIT#1484 - JAMES STEPANEK
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c. Section 23-2-230.6.4 -- The uses which would be permitted are not
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.
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 will not ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. The potential
impacts of air pollution and noise,and the sandblasting of objects with lead-
based paint cannot be adequately mitigated. In particular, the structure
proposed to be used does not appear capable of retaining dust and noise.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of James Stepanek for a Site Specific Development Plan and
Use by Special Review Permit#1484 for a Use Permitted as a Use by Right in the Industrial Zone
District(sandblasting business)in the A(Agricultural)Zone District on the parcel of land described
above be, and hereby is, denied.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
EL W D COUNTY, COLORADO
fd1$61 A' "-S _ i��
E;1 -" —_J Robert D. Masden, Chair
'efcC ty Clerk to the Board
William H. J ke, Pro-Tem
BY. �jy
Deputy Clerk to the Board /� C/;Cot.,
M. J. eile (�
APPROVED AS TO FORM: .. 7t.
David . Long
A ,Co ty Attorr y
G enn Vaa
Date of signature: C
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3240299 12/02/2004 11:04A Weld County, CO 2004-3085
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PL1748
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