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3265847 01/25/2005 11.628 Weld Co der
j 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING CHANGE OF ZONE, CZ #1076, FROM
I-1 (INDUSTRIAL) ZONE DISTRICT TO 1-3 (INDUSTRIAL) ZONE DISTRICT - DAVE
FINLEY AND TODD FINLEY
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,a public hearing was held on the 12th day of January, 2005, at 10:00 a.m. for
the purpose of hearing the application of Dave Finley and Todd Finley, 12750 Weld County Road 4,
Brighton,Colorado 80603,requesting a Change of Zone from the I-1 (Industrial)Zone District to the
1-3(Industrial)Zone District for a parcel of land located on the following described real estate,to-wit:
Part of the W1/4 SW 1/4/4 of the SE 1/4/4 of Section 18,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was represented by Lauren Light, LANDPROfessionals, LLC,
4311 Highway 66, Suite 4, Longmont, Colorado 80504, and
WHEREAS,Section 23-2-40 of the Weld County Code provides standards for review of such
a Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and,having been fully informed,finds that this request shall be denied for the
following reasons:
1. Section 23-2-30.A.1 —The proposed Change of Zone from the l-1 (Industrial)Zone
District to the 1-3(Industrial)Zone District is not consistent with Chapter 19,Article
XII, Coordinated Planning Agreement for the City of Fort Lupton. The City of Fort
Lupton,in its referral dated October 14,2004,expressed opposition to this rezoning.
Section 19-12-50,titled Planning Coordination,states,"This Agreement is intended
to be a Comprehensive Development Plan adopted and implemented pursuant to
Section 29-20-105(2), C.R.S. Following the execution of this Agreement by both
parties,COUNTY Development approvals in the MUNICIPALITY'S Referral Area will
be processed and determined in accordance with the following:
Section 19-12-50.B, Development outside Urban Growth Area,states"To the extent
legally possible,the COUNTY will disapprove proposals for Urban Development in
areas of the MUNICIPAL Referral Area outside the Urban Growth Area."
This application was reviewed utilizing the definitions outlined in the
Intergovernmental Agreement(IGA)for the City of Fort Lupton. By definition, this
application is considered development,as stated in the IGA,"Any land use requiring
regulatory approval by the elected governing body of the applicable party in the Urban
2005-0079
PL1756
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3255847 01/2512005 11:52A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CHANGE OF ZONE (CZ#1076) - DAVE FINLEY AND TODD FINLEY
PAGE 2
Growth Area...." This is a rezoning from the I-1 (Industrial) Zone District to the
1-3(Industrial)Zone District,and the possible uses in the 1-3(Industrial)Zone District,
if it is rezoned, include any of those listed in Section 23-3-330.B. Many of the listed
uses would require urban services as defined in Section 19-3-40 so, in the absence
of a specific proposal,this proposed rezoning must be assumed to be for an urban
use. The statement that the applicant has been unsuccessful in marketing the site
as currently zoned is not sufficient evidence to demonstrate that there can be no
reasonable economic use of the property unless it is rezoned to the 1-3(Industrial)
Zone District.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Dave Finley and Todd Finleyfor a Change of Zone from the
I-1 (Industrial)Zone District to the 1-3(Industrial)Zone District on the above referenced parcel of land
be, and hereby is, denied.
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., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
'1861 William H. Berke, Chair
k to the Board ).741z, i
9
' r s- rr //, ��-e-r/
/ �� / / M[1�Geile, Pro-Tem
Clerk to the Board C/ c„ , ' CX c
Day' E. Long J
APPROVED AS TO M: -k \\
- G Robe . Masde
� jJ
ounty Attorney
Glenn Vaad
Date of signature: /, S
2005-0079
PL1756
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