HomeMy WebLinkAbout20040227.tiff j RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT #1437 FOR MULTI-FAMILY DWELLINGS FOR
PERSONS PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING, RANCHING,
OR GARDENING IN THE A (AGRICULTURAL) ZONE DISTRICT - MOISES
RODRIGUEZ
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 25th day of
February, 2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Moises Rodriguez, P.O. Box 663, Hudson, Colorado 80642, for a Site Specific
Development Plan and Use by Special Review Permit#1437 for Multi-Family Dwellings for Persons
Principally Employed at or Engaged in Farming, Ranching,or Gardening in the A(Agricultural)Zone
District on the following described real estate, to-wit:
Tract 12, Ireland Gardens;being part of the SW1/4 of
Section 2, Township 1 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at the request of the applicant's representative, Fred Otis of Otis, Goan, and
Stewart, 1812 56th Avenue,Greeley, Colorado 80634,the Board deemed it advisable to continue
the hearing for one week to March 3, 2004, at 10:00 a.m. when a full quorum of the Board will be
present, and
WHEREAS, on March 3, 2004, at the request of the applicant's representative,the Board
deemed it advisable to continue said matter to March 31,2004,at 10:00 a.m.when a quorum of four
will be present, with Commissioner Masden being recused, and
WHEREAS, on March 31,2004,the Board deemed it advisable to continue said matter to
May 19,2004,at 10:00 a.m.,to allow the applicant and County staff to meet with the Colorado Water
Quality Control Commission to work out an appropriate assurance for compliance with water quality
standards,with the Condition that during the interim there will be no more than 25 persons living on
the premises, and
WHEREAS,on May 19,2004,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
WHEREAS, pursuant to the Weld County Home Rule Charter,Article 3, Section 3-13, the
concurrence of three of the members of the Board is required to approve a Resolution, and
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SPECIAL REVIEW PERMIT#1437 - MOISES RODRIGUEZ
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WHEREAS, the motion and second by Commissioner M. J. Geile and Chair Pro-Tem
William H.Jerke to deny the application of Moises Rodriguez for a Site Specific Development Plan
and Use by Special Review Permit #1437 for Multi-Family Dwellings for Persons Principally
Employed at or Engaged in Farming, Ranching, or Gardening in the A(Agricultural)Zone District
received only two votes, and therefore failed, and
WHEREAS,a subsequent motion and second by Commissioners Glenn Vaad and David E.
Long to approve the application of Moises Rodriguez for a Site Specific Development Plan and Use
by Special Review Permit#1437 for Multi-Family Dwellings for Persons Principally Employed at or
Engaged in Farming, Ranching,or Gardening in the A(Agricultural)Zone District received only two
votes, and therefore failed; and the effect of the failure to obtain a majority vote is a denial of the
motion.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Moises Rodriguez for a Site Specific Development Plan
and Use by Special Review Permit #1437 for Multi-Family Dwellings for Persons Principally
Employed at or Engaged in Farming, Ranching, or Gardening 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 of May A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
gjaq RECUSED
y � Robert D. Masden, Chair
lerk to the Board
1861 'i AYE
William H. rke, Pro-Tem
CI
y Clerk to the Board AYE
� M. . Gel e
O D AS TO NAY
( -- David . Long
aunty A torn NAY
Glenn Vaad
Date of signature: 4-//570 4
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