HomeMy WebLinkAbout20010774 r BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin 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:
PLANNER: Sheri Lockman
CASE NUMBER: USR-1314
APPLICANT: Brighton Industrial North LLP
c/o Steve Webb
ADDRESS: 13280 WCR 10
Fort Lupton, CO 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted
as a use by right in the Commercial Zone District (Knife Grinding Shop) in the A
(Agricultural)Zone District
LEGAL DESCRIPTION: Pt. E2 W2 NW4 and Pt.W2 E2 NW4 Section 17,Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 10, approximately 1400 feet east of Weld
County Road 27
r 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 Commssion that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.A.Goal 2 states,"allow commercial and
industrial uses which are directly related to or dependent upon agriculture to locate within
agricultural zoning when the impact to surrounding properties is minimal, and where
adequate services and infrastructure are available." The grinding shop is proposing to
service agricultural related businesses.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a business
permitted as a use by right in the Commercial Zone District as a Use by Special Review in
the A(Agricultural)Zone District. Section 23-3-220.B.2 allows for stores and shops which
furnish services and merchandise at retail to the general public as a use allowed by right
in the C-2 (Commercial)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The business is proposed to be located inside of an existing metal
building. No outdoor storage is proposed. Conditions of Approval and Development
Standards will ensure that any incompatibilities will be mitigated.
4 IXNISIT 2001-0774
r^ RESOLUTION, USR-1314
Brighton Industrial North, LLP
Page 2
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site lies does not lie within an Urban Growth Boundary or
Intergovernmental Agreement Area. However, the City's of Fort Lupton and Brighton are
within the three mile referral area. The City of Fort Lupton indicated no conflicts with their
interests. Further,they stated that the use is compatible with the agricultural uses found in
the area. The City of Brighton did not respond to the referral request.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The proposed site is
designated"Prime"by the USDA Soil Conservation Services.However,no farm ground will
be taken out of production. The business is proposed to be located inside of an existing
metal building.
g. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
reN 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. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
A. According to the Division of Water Resources, the existing well is permitted for domestic
use only, limiting the use of the bathroom in the home to residents of the home. The
applicant shall submit evidence to the Weld County Department of Planning Services that
indicates an adequate water supply is available for business use including bathrooms for
patrons and employees. A cistern or alternate water source will be deemed adequate.
(Department of Planning Services)
B. An adequate portable toilet will be made available to employees and patrons. (Department
of Public Health and Environment)
C. The plat shall be amended to include all criteria as listed in Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
RESOLUTION, USR-1314
Brighton Industrial North, LLP
Page 3
1) The future expansion of the shop as indicated in application materials. In the event
that the proposed expansion doubles the size of the shop a Storm Water Drainage
Report will be required. The report shall be submitted to the Weld County
Department of Public Works for review and approval. Evidence of approval shall
be submitted to the Weld County Department of Planning Services. (Department
of Public Works)
2) An accurate legal description of the property. (Department of Planning Services)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by .
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Michael Miller
Jack Epple
Arlan Marrs
Bryant Gimlin
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
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, Trisha Swanson, 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 February 20, 2001.
Dated the 20th of February, 2001.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brighton Industrial North LLP c/o Steve Webb
USR-1314
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use
by right in the Commercial Zone District(Knife Grinding Shop) 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.) 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. (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. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
7. Adequate restroom facilities shall be available for employees and patrons of the site. Evidence of
contract for maintenance of the portable toilet shall be available at all times. (Department of Public
Health and Environment)
8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner, pursuant to Section 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations. (Department of Public Health and Environment)
9. The parking lot and approach road shall be graded and drained to provide all weather access and
parking for the facility. (Department of Public Works)
10. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
11. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
12. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
13. 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
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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.
14. 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.
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