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HomeMy WebLinkAbout20102552.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST TO RESCIND RESOLUTION #2010-1246, DATED JUNE 16, 2010, FOR USE BY SPECIAL REVIEW PERMIT#1737- TROY AND JUDY HEFNER 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,on June 16, 2010, the Board approved the application of Troy and Judy Hefner, 370 County Road 16.5, Longmont, Colorado 80504, fora Site Specific Development Plan and Use by Special Review Permit#1737 for a Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: farm equipment sales, repair and installation facilities, and one(1) single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code, in the A(Agricultural)Zone District, on the following described real estate, being more particularly described as follows: Part of the E1/2 W1/2 SE1/4 SW1/4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on October 25, 2010, the Board was presented with a letter from the Department of Planning Services, dated October 21, 2010, stating the Conditions of Approval have not been completed and the plat not recorded, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, and all of the exhibits and evidence presented in this matter, and having been fully informed, deemed it advisable to continue the matter to April 25, 2011, at 9:00 a.m., to allow the applicants additional time to complete the required Conditions of Approval and record the plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the request to rescind Resolution#2010-1246,dated June 16,2010,for Use by Special Review Permit#1737, issued to Troy and Judy Hefner, on the parcel of land described above be, and hereby is, continued to April 25, 2011, at 9:00 a.m. ( �A, N (k - I 2010-2552 PL2065 CONTINUE REQUEST TO RESCIND USR APPLICATION - TROY AND JUDY HEFNER (USR #1737) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COU COLORADO � y ��. ATTEST: • � 45 t ` �(.ugl- Radema er, C air Weld County Clerk to the B ! r• � • rbara Kirkmeyer, ro-Tem BY: 'W.' L7�� ?t '�1:►`��� Depu Clerk • the Board O �^ Sean Conwa APP EA O Ili F. arcia my Attorney � •, David E. Long Date of signature: (/ /•C 2010-2552 PL2065 a DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 ' WEBSITE: www.co.weld.co.us Ce EMAIL: m0) 353- 100, EXld.co.us PHONE: (970) T. 3540 FAX:(9700) O46498 COLORAD October 7, 2010 Troy and Judy Hefner 370 County Road 16.5 Longmont, CO 80504 Subject: Consideration of Rescinding USR-1737 for A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (storage of commercial equipment and vehicles,fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Farm equipment sales, repair and installation facilities and one(1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A in the A(Agricultural)Zone District. Dear Mr. and Mrs. Hefner: On June 16, 2010, the Board of County Commissioners of Weld County approved USR-1737 for a Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District(storage of commercial equipment and vehicles,fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Farm equipment sales, repair and installation facilities and one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A in the A(Agricultural) Zone District. Condition of Approval#7 of the Board of County Commissioners' approving Resolution states that, "Upon completion of 1 through 6 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee." To date, the Conditions of Approval have not been completed. Notice is hereby given that on Monday, October 25, at 9:00 a.m., the Board of County Commissioners will hold a public hearing to consider rescinding its Resolution because the Conditions of Approval are not finished. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 101h Street, Greeley, Colorado. You may be present at such hearing to present any testimony or evidence as to why you believe that the Board should refrain from rescinding the Resolution. If you have any questions regarding this matter, please contact me at the above number and/or email. Respectfully, Michelle Martin Planner III jet/o-a,5,5 RESOLUTION RE: • PPROVE SITE SPECIFIC I O• NT PLAN AND USE BY SPECIAL REVIEW RMIT #1737 FOR A = ESS RMITTED AS A USE BY RIGHT OR A ESSORY US HE COMMER ' L ZONE DISTRICT (STORAGE OF CO u ' - EQUIP T AND VEHICL S, FABRICATION, AUTO STORAGE AN c 'EPAIR) AND A I.R • LTURAL SER ICE ESTABLISHMENTS PRIMARILY ENGA D IN PERF•i RMIN t AGRICULT RAL, ANIMAL HUSBANDRY OR HORTIC TURAL S- -VICES O FE •R CONTRACT BASIS, INCLUDING: FARM EQ► PM SALES, REPAIR AND INSTALLATION FACILITIES, AND ONE (1) SINGLE ' ILY DW G UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SE ' ION -3-20.• OF THE WELD COUNTY CODE, IN THE A (AGRICULTU a L) ONE DI- R T—TROY AND JUDY HEFNER WHEREAS, the Boar• of ounty Commissioners of Weld County, Colorado, pursuant to Colorado statute and the We aunty H- - Rule Charter, is vested with the authority of administering the affairs of Weld ' ounty, C lora• >, and WHEREAS, the Board of Co. my Co missioners held a public hearing on the 16th day of June, 2010, at the hour of 10:00 : m., i the Chambers of the Board, for the purpose of hearing the application of Troy and Ju. efner, 370 County Road 16.5, Longmont, Colorado 80504, for a Site Specific Development •I an by Special Review Permit#1737 for a Business Permitted as a Use by Right • Accesso se in the Commercial Zone District (storage of commercial equipment and ve' les, fabrication, auto storage and repair) and Agricultural Service Establishments primari engaged in performing agricultural, animal husbandry or horticultural services on a fee or ntract basis, including: farm equipment sales, repair and installation facilities, and one (1) sing : a-6 it dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld ounty Code, in the A (Agricultural) Zone District, on the following described real estate, being _r - - =rly described as follows: Part of the E1/2 W1/2 SE1/4 S /4 of Secti. • 23, Township 1 North, Range 68 Wes .f the 6th P. Weld County, Colorado WHEREAS, at said hearing, the applicants were pr-s- t, and WHEREAS, Section 23-2-230 of the Weld County Code • ovides sta •ards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard ?y of the testimony and statements of those present, studied the request of the applicant an the recommendation of the Weld County Planning Commission and all of the exhibits and evi• -nce presented in this matter and, having been fully informed, finds that this request shall be app oved 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: C,C CA, PL Nt Puy, (L . 2010-1246 PL2065 Hello