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HomeMy WebLinkAbout20041225.tiff 1t) RESOLUTION RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1460 FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (VEHICLE MAINTENANCE, REPAIR, PARTS SUPPLY AND SALES, PAINT BOOTH, RETAIL, TRUCK STOP FACILITIES, AND VEHICLE SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT - WESTERN EQUIPMENT AND TRUCK, 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 19th day of May, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Western Equipment and Truck, Inc.,2055 First Avenue,Greeley,Colorado 80631,for a Site Specific Development Plan and Use by Special Review Permit#1460 for a Use Permitted as a Use by Right,an Accessory Use,ora Use by Special Review in the Commercial or Industrial Zone Districts(vehicle maintenance, repair,parts supply and sales, paint booth, retail,truck stop facilities, and vehicle sales)in the A(Agricultural)Zone District on the following described real estate,to-wit: Lot B of Recorded Exemption#3284; being part of the N1/2 of the NW1/4 of Section 24, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Craig Sparrow and Bob Condon at said hearing, 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 recommendations 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: 1. Section 23-2-230.6.3--The proposed uses would be incompatible with the existing surrounding land uses. 2. Section 23-2-230.6.4--The proposed uses would be incompatible with the 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. 111111111111 11111 111111 I111111111111111IIIVIIIIIIIIIII 3189704 06/16/2004 02:23P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2004-1225 PL1717 nr ; Alec, , ,3°, ,12L, "Gr/ i U.O)0e-ey-ot( DENY SPECIAL REVIEW PERMIT#1460 - WESTERN EQUIPMENT AND TRUCK, INC. PAGE 2 3. 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 do 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 Western Equipment and Truck, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1460 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (vehicle maintenance, repair, parts supply and sales, paint booth, retail, truck stop facilities, and vehicle sales) 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 May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS ` WELD COUNTY, COLORADO �� ► . ' �l� l���l/vG, •// _ �, � (AYE) ` �` /( R1_03 rt D. Masden, Chair ^�� --.un 3Clerk to the Board ' ' 1861 t '�:i[:.:- _l `G /f (AYE) fir. p William H. J e, Pro-Tem Otr Ml Tip A►e puty Clerk to the Board -� ten (AYE) M. Geile AP-PRO— _ e ,; O F AYE Dav . Long `nty Attor ey NAY Glenn Vaad Date of signature: L - -r I111111111111111111110 1111111111111 III BEER 3189704 06/16/2004 02:23P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-1225 PL1717 Hello