HomeMy WebLinkAbout20121024.tiff •
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT, USR12-0003, FOR AN OIL AND GAS
SUPPORT AND SERVICE (STORAGE AND MAINTENANCE OF EXCAVATION
EQUIPMENT, SEMI-TRUCKS AND WATER TANKS) IN THE A (AGRICULTURAL)
ZONE DISTRICT- MICHAEL AND KIMBERLEA MILLER
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 18th day
of April, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Michael and Kimberlea Miller, 2650 64th Avenue, Greeley, Colorado
80634, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0003,
for an Oil and Gas Support and Service (storage and maintenance of excavation equipment,
semi-trucks and water tanks) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Corrected Recorded Exemption, RE-2573;
being part of Section 9, Township 6 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, Michael Miller was present and the Board deemed it
advisable to continue the matter to May 9, 2012, to allow the applicant additional time to attempt
to mitigate the concerns of the neighbors and prepare a thorough presentation and application
for the Board's consideration, and
WHEREAS, on May 9, 2012, Michael Miller 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 unfavorable
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:
a. Section 23-2-230.6.1 -- The proposed use is not consistent with
Chapter 22 or any other applicable Code provisions or ordinances in
effect.
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SPECIAL REVIEW PERMIT (USR12-0003) - MICHAEL AND KIMBERLEA MILLER
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b. Section 23-2-230.B.2 -- The proposed use is not consistent with the intent
of the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The proposed use is not compatible with the
existing surrounding land uses.
d. Section 23-2-230.B.4 -- The proposed use will not 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.
e. Section 23-2-230.B.6 -- The applicant has not demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use.
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 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Michael and Kimberlea Miller, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0003, for an Oil and Gas
Support and Service (storage and maintenance of excavation equipment, semi-trucks and water
tanks) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, denied.
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Steve eld County, CO
■III I 'i �N�It'I r 4f1�'1�4�Ni�L Clerk and Recorder W I' lnli 11111 2012-1024
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SPECIAL REVIEW PERMIT (USR12-0003) - MICHAEL AND KIMBERLEA MILLER
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of May, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: T
Sean P/22 C
Weld County Clerk to the Board /A . /� F �
William/F F.. Garcia, Pro-T m
BY:
Deputy Cl-'k to the Board � at4 jyti
a Kirkmqye
APP' •t D • . 3 F M lasi t O 442
David E. Long/ )
County ttorney ( k '`� "•` +' i,I' �.
�,. <-- Deugla adema• Or
Date of signature: -I-13- I D-
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Marren 1Cle AM
Recorrde60.00
Weld County, CO
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