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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT # 1684 FOR A USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PARKING AND STORAGE FOR
A CONCRETE COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT - ZAPIEN
BROS. CONCRETE, INC.
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 20th day
of May, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Zapien Bros. Concrete, Inc., 1884 Grace Avenue, Wattenburg,
Colorado 80621, do Joel Zapien, P.O. Box 1370, Brighton, Colorado 80601, for a Site Specific
Development Plan and Use by Special Review Permit #1684 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(parking and storage for a concrete company) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Part of the NE1/4 of Section 25, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on May 20, 2009, the Board deemed it advisable to continue
the matter to June 17, 2009, at the applicant's request, and
WHEREAS, the applicant was present at said hearing on June 17, 2009, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
a
WHEREAS, the Board of County Commissioners heard all of the testimony and
c c statements of those present, studied the request of the applicant and the recommendation of
"°s the Weld County Planning Commission and all of the exhibits and evidence presented in this
al, matter and, having been fully informed, finds that this request shall be denied for the following
• o reasons:
0 N
3 1. It is the opinion of the Board of County Commissioners that the applicant has not
N shown compliance with Section 23-2-230.B of the Weld County Code as follows:
Q • >
r `" a. Section 23-2-230.B.1 -- The proposed use is not consistent with
• o Chapter 22 or any other applicable code provisions or ordinance in effect.
a, o The subject site is in an area that cannot support such development, and
s such development is not compatible with the region.
N Co0
n0co
cb. Section 23-2-230.B.3 -- The proposed use will not be compatible with the
O • N existing surrounding land uses.
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0 2009-1367
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SPECIAL REVIEW PERMIT #1684 - ZAPIEN BROS. CONCRETE, INC.
PAGE 2
c. 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.
d. Section 23-2-230.6.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Zapien Bros. Concrete, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1684 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(parking and storage for a concrete company) 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 17th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the Bo
BY:
Lato i
Cle the
t/C261
Board
Deputy
OARD OF COUNTY COMMISSIONERS
LD . OUP4'. COLORADO
Douglas Raifetnacher, Pro-Tem
Seery P. Conway
APPROV AS TOC Q..
rbara Kirkmey
my Attorney
Date of signature: ICel
11111111111111111 IIII 11111111111111111 III 111111111 IIII
3637393 07/20/2009 11:52A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-1367
PL2013
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