HomeMy WebLinkAbout20010773 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1314 FOR A BUSINESS (KNIFE GRINDING SHOP) IN THE A
(AGRICULTURAL) ZONE DISTRICT - BRIGHTON INDUSTRIAL NORTH, LLP
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 11th day
of April, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Brighton Industrial North, LLP, 8791 Circle Drive, Westminster,
Colorado 80030, for a Site Specific Development Plan and Use by Special Review Permit
#1314 for a Business (knife grinding shop) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Part of the E1/2W1/2NW1/4 and part of the
W1/2E1/2NW1/4 of Section 17, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Steve Webb 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 approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. In
accordance with A.Goal 2 of Section 22-2-60.6.1, the grinding shop is
proposing to service agricultural related businesses.
b. Section 23-2-230.B.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 23-3-220.6.2 allows for stores and
nn 2001-0773
.'Al /fLltt o, PM} %.0,0/, /C�jp PL1504
SPECIAL REVIEW PERMIT#1314 - BRIGHTON INDUSTRIAL NORTH, LLP
PAGE 2
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 23-2-230.B.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. The Conditions of Approval and Development
Standards will ensure that any incompatibilities will be mitigated.
d. Section 23-2-230.B.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
Chapter 22 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 does not lie within an Urban Growth
Boundary or Intergovernmental Agreement area. However, the site is
within the three-mile referral areas for the Cities of Fort Lupton and
Brighton. The City of Fort Lupton indicated no conflicts with its interests,
and 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 23-2-230.B.5—The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6—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 U.S.D.A.
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 23-2-230.6.7—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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Brighton Industrial North, LLP, for a Site Specific
Development Plan and Use by Special Review Permit#1314 for a Business (knife grinding
shop) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by 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
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SPECIAL REVIEW PERMIT#1314 - BRIGHTON INDUSTRIAL NORTH, LLP
PAGE 3
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
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.
B. An adequate portable toilet will be made available to employees and
patrons.
C. The plat shall be amended to include all criteria as listed in Section 23-2-
260.D of the Weld County Code.
D. The plat shall be amended to delineate the following:
1) The future expansion of the shop as indicated in the 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.
2) An accurate legal description of the property.
3. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued, on the property until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1314 - BRIGHTON INDUSTRIAL NORTH, LLP
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: ateil ♦ ��z D,aG.�
`` M. J. eile, hair
Weld County Clerk to t B.: ;,,'
MI I i al) Ait
Glenn V a
em
Deputy Clerk to the �� :( �� ' f✓ f -"--
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APP E O FORM:
David E. Long
ounty Attorney EXCUSED
Robert D. Masden
2001-0773
PL1504
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRIGHTON INDUSTRIAL NORTH, LLP
USR#1314
1. The Site Specific Development Plan and Use by Special Review 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
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.
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.
9. The parking lot and approach road shall be graded and drained to provide all-weather
access and parking for the facility.
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.
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DEVELOPMENT STANDARDS - BRIGHTON INDUSTRIAL NORTH, LLP (USR#1314)
PAGE 2
13. The Use by 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.
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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