HomeMy WebLinkAbout20123572.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT, USRI2-0059, FOR A MULTI-USE
RECREATIONAL PARK (MOTOCROSS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- DAWN SCENA, CIO NORMAN LAW
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 19th day
of December, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dawn Scena, c/o Norman Law, 9264 CR 55, Keenesburg, Colorado
80643, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0059,
for a Multi-Use Recreational Park (motocross) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-3083; being part
of the N1/2 SW1/4 of Section 15, Township 2
North, Range 64 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present, 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 recommendation 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:
Sul A. Section 23-2-230.6.1 -- The proposed use is NOT consistent with
Chapter 22 and any other applicable code provisions or ordinance in
O.3 effect.
M?,, .
o . 1) Section 22-2-20.G.2 (A.Goal 7.2) states: "Conversion of
LL agricultural land to nonurban residential, commercial and industrial
;,;te uses should be accommodated when the subject site is in an area
ma's that can support such development, and should attempt to be
" °Y compatible with the region." The proposed use of large straw
`▪ v•
s bales to screen and buffer noise and dust, in conjunction with the
r)°0 Conditions of Approval and Development Standards for this
Q N proposal, will NOT adequately assist in mitigating the impacts of
Mim°E
rO1io�M ,: LPi P/ 111 H 'not_ 2012-3572
/-y-i3 1
DENY SPECIAL REVIEW PERMIT (USR12-0059) - DAWN SCENA, CIO NORMAN LAW
PAGE 2
the facility on the adjacent properties or ensure compatibility with
surrounding land uses.
2) Section 22-2-100.D (C.Goal 4) states: "New commercial uses or
expansion of existing commercial uses should meet existing
federal, state and local policies and legislation." The proposed
Conditions of Approval and Development Standards would not
adequately ensure that the proposed use met existing federal,
state and local policies and legislation, as applicable, i.e. noise
and air pollution regulations.
B. Section 23-2-230.B.2 -- The proposed use is NOT consistent with the
intent of the A (Agricultural) Zone District. Currently, the property is in
violation (ZCV12-00141) for the operation of a recreational park
(specifically motocross) without an approved and recorded Use by
Special Review permit (USR). As a result of this denial, the case shall be
referred to the County Attorney's office with a delay of legal action for
thirty (30) days in order to give the applicant time to ensure that the
business is removed from the property.
C. Section 23-2-230.6.3 -- The proposed use is NOT compatible with the
existing surrounding land uses. The property is located in a rural
residential area approximately 1.5 miles north of Keenesburg. The
closest residence is located on the adjacent property to the north;
approximately 500 feet north of the property line. The Weld County
Department of Planning Services has received nine (9) letters from
surrounding property owners objecting to the motocross track. Most of
the letters are from the property owners that live on County Road
(CR) 57, north of CR 20. These letters outline concerns about dust,
noise, fire, traffic, lower property values, and other items. The application
materials state that large straw bales may be placed around the property
perimeter to buffer noise and dust. This screening will NOT adequately
mitigate the impacts of the facility on the adjacent properties or ensure
compatibility with surrounding land uses.
D. Section 23-2-230.6.4 -- The proposed use is NOT compatible with future
development of the surrounding area, as permitted by the existing zoning,
or 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.
E. Section 23-2-230.6.7 -- There are NOT adequate provisions for the
protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County. The Design Standards (Section 23-2-240 of
the Weld County Code), Operation Standards (Section 23-2-250 of the
Weld County Code), and proposed Conditions of Approval and
Development Standards can NOT ensure that there will be adequate
3908495 Pages: 2 of 3
02/07/2013 10:06 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO 2012-3572
III!Ri iI+ INIII019:114 tt'll !WJ !Cale NH II III PL2196
DENY SPECIAL REVIEW PERMIT (USR12-0059) - DAWN SCENA, C/O NORMAN LAW
PAGE 3
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 Dawn Scena, c/o Norman Law, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0059, for a Multi-Use
Recreational Park (motorcross) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, DENIED for the reasons as cited above.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: o aa, ...„-,,;. AYES- AYE
Sean P. Con , Chair
Weld County Clerk to the Board ,/
j
r� (( JJ (AYE)
BY: r/ ♦ William F. Garcia, Pro-Tem
aw, - L�%
Deputy Clerk 'o he k ar. �� �' (, .{C S. / (AYE)
#��� � ;'��( eix< �.a., AYE
1861 `,ls�„is
Kirkmey r
11py1`44 `� C l>
APPRO f �; 0 FO 14,-,_,� Cy,_ (AYE)
�' ety >, David . Li5T 'gi
unty Attorney (NAY)
JAN 3 0 2013 ou s Radem cher
Date of signature:
3908495 Pages: 3 of 3
02/07/2013 10t06 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
lIII I 'i l+lYhl4f iili t'hlfll9 +,1V MI MN Iir'ti N#°1 II III
2012-3572
PL2196
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