HomeMy WebLinkAbout20110119.tiff 177 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT#1763 FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING COMMERCIAL RODEO ARENAS AND
COMMERCIAL ROPING ARENAS, TO INCLUDE AN OUTDOOR ARENA IN THE
A (AGRICULTURAL) ZONE DISTRICT-JUAN SOTO
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 12th day
of January, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Juan Soto, 15488 County Road 6, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit#1763 for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including Commercial Rodeo Arenas and
Commercial Roping Arenas, to include an outdoor arena in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #4347; located in
part of the E1/2NW1/4 of Section 27, Township 1
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present and accompanied by Bertha
Lopez, Department of Human Services, who provided translation services, 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:
a. Section 23-2-230.B.1 -- The proposed use is NOT consistent with
Chapter 22 and any other applicable code provisions or ordinance in
effect. Section 22-2-20.1 (A.Goal 9) states, "Reduce potential conflicts
between varying land uses in the conversion of traditional agricultural
lands to other land uses." The Conditions of Approval and Development
Standards, including, but not limited to, the requirement for a
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SPECIAL REVIEW PERMIT#1763 -JUAN SOTO
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Landscape/Screening Plan, limiting the hours of operation to daylight
hours, noise standards, and submittal of a Dust Abatement Plan will NOT
adequately address/mitigate impacts associated with the proposed use or
ensure compatibility with the surrounding area.
b. Section 23-2-230.B.3 -- The uses which would be permitted will NOT be
compatible with the existing surrounding land uses. Numerous letters
and telephone calls have been received from surrounding property
owners, expressing concerns regarding trash, dust, shooting of animals
and wildlife, inadequate fencing and enclosures for animals, on-site
animals in poor condition, and odor from manure on the property. The
Conditions of Approval and Development Standards including, but not
limited to, the requirement for a Landscape/Screening Plan, limiting the
hours of operation to daylight hours, noise standards and submittal of a
Noise Abatement Plan, the submittal of a Dust Abatement Plan, and the
addressing composting of manure within the Development Standards will
NOT address/mitigate impacts associated with the proposed use or
ensure compatibility with the surrounding area.
c. Section 23-2-230.B.4 -- The uses which would be permitted will NOT be
compatible with the 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.
d. 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.
e. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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, as demonstrated by prior actions of the applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Juan Soto, for a Site Specific Development Plan
and Use by Special Review Permit #1763 for an Agricultural Service Establishment primarily
engaged in performing agricultural, animal husbandry, or horticultural services on a fee or
contract basis, including Commercial Rodeo Arenas and Commercial Roping Arenas, to include
an outdoor arena in the A (Agricultural) Zone District, on the parcel of land described above be,
and hereby is, DENIED.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST:
arbara Kirkmeyer, hair
Weld County Clerk to th:�o. y ti �--�
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C� / ' 1 1 r pg., Sean P. Cones ro-Tem BY: Cg z/r/ . .__.7 (--:-.F
Deputy Clerk to the Bob*✓(4./1,,i',1,-,,.'",^_ / /
"%� .-..L" X . Garcia
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David E. Lon
County Attorney n ei3" tiriq/ D uglasemac��r
Date of signature: //-,,,
Date
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