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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT #1785 FOR ANY USE PERMITTED AS A USE BY
RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OIL FIELD PRODUCTS MANUFACTURING),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS, IN THE A (AGRICULTURAL)
ZONE DISTRICT- DORIS CUNNINGHAM
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 28th day
of September, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Doris Cunningham, 3967 Creedmore Lakes Road, Red Feather
Lakes, Colorado 80545, for a Site Specific Development Plan and Use by Special Review
Permit#1785 for any Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (oil field products manufacturing),
provided that the property is not a lot in an approved or recorded subdivision plat or part of a
map or plan filed prior to adoption of any regulations controlling subdivisions, in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Amended Recorded Exemption #991;
being part of the NW1/4 SW1/4 of Section 2,
Township 7 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
October 19, 2011, to allow adequate time for the matter to be considered by the Planning
Commission in a hearing which was continued to October 4, 2011, and
WHEREAS, at said hearing on October 19, 2011, the applicant was represented by Cliff
Simpson, 41450 County Road 33, Ault, Colorado 80610, and Bill Hall, 32712 Vista Lake Road,
Greeley, Colorado 80631, 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:
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DENY SPECIAL REVIEW PERMIT (USR#1785) - DORIS CUNNINGHAM
PAGE 2
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 or any other applicable Code provisions or ordinance in effect.
Section 22-2-20.G.2 (A.Policy 7.2) states, "Conversion of agricultural land
to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region."
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." Section 22-2-20.1.5 (A.Policy 9.5) states, "Applications
for a change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral process."
The Conditions of Approval and Development Standards will not ensure
consistency with Chapter 22 of the Weld County Code and will not
adequately mitigate impacts to surrounding properties.
b. Section 23-2-230.6.2 -- The proposed use is not consistent with the intent
of the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The proposed uses are not compatible with the
existing surrounding land uses. The site is located immediately to the
south and north of two existing single family residences. Adjacent lands
to the west and east are agricultural in nature (cropland). A surrounding
property owner, in a telephone call received August 10, 2011, expressed
concerns about the proposed business and location of the existing
structures from his property line. Additionally, in an e-mail from a
surrounding property owner, received August 7, 2011, concerns were
expressed regarding the hours of operation, number of employees,
outside painting, and storage of equipment on-site, versus what is called
out in the application. Given the proximity to the residences and the
concerns expressed, the Board finds that, despite numerous Conditions
of Approval and Development Standards, compatibility with adjacent land
uses cannot be ensured. This USR Permit application was to correct a
zoning violation (ZCV11-00013) for the presence of a commercial
operation without first obtaining the necessary Weld County Zoning
Permits. Pursuant to the Zoning Violation process, the violation case
shall be forwarded to the County Attorney's Office with a delay of legal
action for thirty (30) days to allow the property owner adequate time to
remove all commercial storage and operations from the property.
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DENY SPECIAL REVIEW PERMIT (USR#1785) - DORIS CUNNINGHAM
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d. Section 23-2-230.6.4 -- The proposed uses which would be permitted
would not be 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 or any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
e. Section 23-2-230.6.7 — The proposed Conditions of Approval and
Development Standards will not provide adequate provisions for the
protection of the health, safety, or welfare of the inhabitants of the
neighborhood or County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Doris Cunningham, for a Site Specific
Development Plan and Use by Special Review Permit#1785 for any Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(oil field products manufacturing), provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions, in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,)COLORADO
i.14c,(c2� <u- ti, (AYE)
��--- arbara Kirkm er, Chaair
Weld County Clerk to the Board
(AYE)
���` Sean P nway, Pro-Tem —
BY: a . _...,I I41 4 ) �,
Deputy CI:�' to the Boar" yfr-
I (AYE)
,, ����•
�.� m F. Garcia
-r 4",APPROVED AS TO FORM.;� � � I , v� f (AYE)
� o avid E. Long
County Attorney 7,-)0/wc/ (NAY)
Dougld ademac r
Date of signature: i a- -//
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