HomeMy WebLinkAbout20042916 RESOLUTION
RE: ACTION OF BOARD CONCERNING SUBSTANTIAL CHANGE 25 REGARDING USE
BY SPECIAL REVIEW - MARCELLE GEUDNER, C/O JESS ARAGON
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 of
October, 2004, at the hour of 10:00 a.m. in the Chambers of the Board, on behalf of Marcelle
Geudner, 7454 South Depew Street, Littleton, Colorado 80128, do Jess Aragon, 1001 East
Harmony Road#192, Fort Collins, Colorado 80525,for the purpose of considering whether or not
there has been a substantial change in the facts and circumstances regarding the application for
a Use by Special Review,which was denied by the Board of County Commissioners by Resolution
dated October 1, 2003, and
WHEREAS, said action was taken concerning property described as:
Part of the NE1/4 of Section 8, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by attorney,Rick Zier,322 East Oak Street,Fort
Collins, CO 80524, and
WHEREAS, said hearing was conducted pursuant to the Board's policy concerning
applications for land use for property previously denied, as set forth in Section 2-3-10 of the Weld
County Code, 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 Department
of Planning Services staff and,having been fully informed,finds that said request to apply for a Use
by Special Review shall be approved for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has
demonstrated that there has been a substantial change in the facts and
circumstances regarding the application subsequent to the original decision of denial
by the Board of County Commissioners and that there is newly discovered evidence
which would have been likely to affect the outcome of the original decision that the
applicant could not have discovered with diligent effort prior to the original decision
of denial with respect to the following criteria:
a. Criteria 1 —There has been a substantial change in the proposed future land
use application from the original application, which addresses the issues
raised by the Board of County Commissioners in the original decision of
denial. The denial of Use by Special Review#1430 was, in part, based on
incompatibilities specific to traffic,dust, noise,and visual aspects of the site.
The applicants have included additional screening and landscaping to
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SUBSTANTIAL CHANGE #25 - MARCELLE GEUDNER, C/O JESS ARAGON
PAGE 2
mitigate the visual impact to the surrounding properties. Dust mitigation is
proposed to be accomplished by applying magnesium chloride to the access
road and gravel or crushed concrete to the parking area and on bare areas
in the site. Further,the site plan has been altered to lessen the impact from
dust for the residence to the west.
b. Criteria 2-- There has been a substantial change in the surrounding land
uses. (e.g., has the adjacent land use changed during the period of time
since the last application such that what would be compatible with the
adjacent use has changed.) Cozy Cow Dairy to the east of the site has
recently changed to incorporate an educational facility and a potential retail
facility. SouthGate III Commercial Annexation to the Town of Windsor is
south of the site and is planned to include extensive commercial
development including an Auto-Mall. The measure of what is compatible with
the uses to the south and east has been substantially altered by the changes
in these uses.
c. Criteria 3- The Applicant did not contend and the Board does not find that
there have been substantial changes in the applicable law.
d. Criteria 4—There is newly discovered evidence which would have been likely
to affect the outcome of the original decision that the applicant could not have
discovered with diligent effort prior to the original decision of denial. The
specific proposal for the SouthGate III Commercial Annexation was not
common knowledge,the evidence presented at the prior hearing indicated
no immediate plans by the owner to develop,and there was no indication by
the Town of Windsor of plans to annex the Southgate property. The changes
in use, including classes and retail sales, at Cozy Cow Dairy were also not
commonly known at the time of the original Use by Special Review hearing.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there has been a substantial change in the facts and circumstances and
newly discovered evidence regarding the application of Marcelle Geudner, do Jess Aragon,for a
Use by Special Review.
BE IT FURTHER RESOLVED by the Board that the request of Marcelle Geudner,do Jess
Aragon to apply once again for a Use by Special Review previously denied be, and hereby is,
approved.
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SUBSTANTIAL CHANGE #25 - MARCELLE GEUDNER, C/O JESS ARAGON
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 20th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
n
4 ,: ' ;'•'►� iati �//u �,��, J . v` Z (AYE)
,— li"" "� Robert D.'(vlasden, Chair
Clerk to the Board
t41 :_.t
(AYE)
nw,`
M, fh / William H. Jer , Pro-Tem
rs�ty Clerk to the Board / t -ecen (AYE)
M. . Ge le
1
ED AS. RM: NAY
Davi E. Long
/County Aft ey AYE
Glenn Vaad
Date of signature: /// 4/
2004-2916
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