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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT #1742 FOR A USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (FLEA MARKET AND SPORTS
FIELDS) IN THE A (AGRICULTURAL) ZONE DISTRICT—YIA AND YING LO
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 27th day
of October, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Yia and Ying Lo, 9768 Meade Circle, Westminster, Colorado 80031,
for a Site Specific Development Plan and Use by Special Review Permit#1742 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (flea market and sports fields) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot B of Amended Recorded Exemption #4665;
being part of the SE1/4 of Section 24, Township 1
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicants were present and represented by Mao Lee,
1412 Cypress Circle, Lafayette, Colorado 80026, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
mon
- E WHEREAS, the Board of County Commissioners heard all of the testimony and
F, statements of those present, studied the request of the applicant and the recommendation of
•orc the Weld County Planning Commission and all of the exhibits and evidence presented in this
CUs matter and, having been fully informed, finds that this request shall be denied for the following
r Z1 reasons:
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9 d 1. It is the opinion of the Board of County Commissioners that the applicant has not
-3 shown compliance with Section 23-2-230.B of the Weld County Code as follows:
- d a. Section 23-2-230.B.1 -- The proposed use is not consistent with
•o- ti Chapter 22 and any other applicable Code provisions or ordinances in
S effect.
moo
b. Section 23-2-230.B.2 -- The proposed use is not consistent with the intent
N o of the A (Agricultural) Zone District.
-
M c. Section 23-2-230.B.3 -- The proposed uses are not compatible with the
�$ - existing surrounding land uses.
n o
CjA, P I- i 0 L- L Po, 4ppf. 2010-2463
I I l PL2071
SPECIAL REVIEW PERMIT#1742 - YIA AND YING LO
PAGE 2
d. Section 23-2-230.6.4 —The proposed uses are not 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.
f. 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 cannot
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 Yia and Ying Lo, for a Site Specific Development
Plan and Use by Special Review Permit #1742 for a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (flea
market and sports fields) 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 27th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
i�1,43 E 1 %WELD COUNTY, COLORADO
ATTEST: i „ - tt."-&-- (NAY)
i,' A-As= gas Rade =cher Chair
Weld County Clerk to the Bdard , En 1 lc— {
i:.�aaa1 / AYE
t i'� :rbara Kirkmeye , Pro-Tem
BY:A 11 .l1 t l 0t ( ((1l .
Dep Clerk tithe Board c) . �� (AYE)
Sean P. Conway
APPROV AS. FORM: EXCUSED
William F. Garcia
u y Attorney ! ( h j - (AYE)
/ David E. Long )
Date of signature: I(C
1111111 11111 111111 III 1111111 I11I 1111111 III 11111 Ill
3735043 11/29/2010 03:21P Weld County, CO 2010-2463
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PL2071
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