HomeMy WebLinkAbout20032420.tiff Oj RESOLUTION
RE: ACTION OF THE BOARD REGARDING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT #1430 FOR A USE PERMITTED AS A USE BY
RIGHT OR AN ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT
(LANDSCAPING MATERIALS YARD) IN THE A (AGRICULTURAL) ZONE DISTRICT -
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 1st day of
October, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Marcelle Geudner,c/o Jess Aragon, 1001 East Harmony Road#192, Fort Collins,
Colorado 80525, for a Site Specific Development Plan and Use by Special Review Permit#1430
for a Use by Right or an Accessory Use in the Commercial Zone District (Landscaping Materials
Yard) in the A (Agricultural) Zone District on the following described real estate, to-wit:
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 Jess Aragon 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. The submitted materials are not in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. The Board of
County Commissioners find that the that the proposal is not consistent with
Section 22-2-170 C (C.Goal 3), states "address the compatibility of
commercial land uses with adjacent land uses." The Conditions of Approval,
Design Standards and Operation Standards cannot ensure that
incompatibilities regarding traffic, dust, noise, and visual aspects of the site
will be adequately mitigated.
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SPECIAL REVIEW PERMIT #1430 - MARCELLE GEUDNER, CIO JESS ARAGON
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B. Section 23-2-230.B.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect. Section 22-3-
140.6.1 --(T.Policy4.1)states"establish policy standards for the regulation
of accesses to streets and highways from adjacent land uses and
intersecting roads." The access road serving the site was created by Quit
Claim Deed on February 18, 1981, and is a legal access; however, it is the
opinion of the Board of County Commissioners that the private nature of the
road will create future problems with access for a commercial business.
C. Section 23-2-230.B.3 -- The proposed use will be compatible with the
existing surrounding land uses. It is the opinion of the Board of County
Commissioners that the uses which will be permitted will not be compatible
with the existing surrounding land uses. North of the site is a pasture with a
home within 400 feet. A single family residence lies within close proximity to
the west of the site. Although Conditions of Approval and Development
Standards were proposed to ensure that storage and parking areas were
adequately screened from the adjacent properties, it is the opinion of the
Board of County Commissioners that the noise,dust,and traffic associated
with the business cannot be adequately mitigated.
D. Section 23-2-230.6.7--There is adequate provision for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and the
County. In the opinion of the Board of County Commissioners,the proposed
Design Standards (Section 23-2-240, Weld County Code), Operation
Standards(Section 23-2-250,Weld County Code), proposed Conditions of
Approval and Development Standards do not ensure that there are adequate
provisions for the protection of health,safety,and welfare of the inhabitants
of the neighborhood and County. The past performance of the applicant,as
evidenced through the sudden stockpilling of materials onto the property
without going through the application process; an executed lease which
addresses the lack of a permit to protect the property owner, who is a co-
applicant; and a pole barn currently being constructed without proper
permits, suggests that the applicant will have difficulty complying with the
proposed Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250,Weld County Code),Conditions of
Approval and Development Standards, and such noncompliance will
adversely effect the health, safety and welfare of the inhabitants.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Marcelle Geudner, c/o Jess Aragon for a Site Specific
Development Plan and Use by Special Review Permit#1430 for a Use by Right or an Accessory
Use in the Commercial Zone District (Landscaping Materials Yard) in the A (Agricultural) Zone
District on the parcel of land described above be, and hereby is, denied.
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SPECIAL REVIEW PERMIT #1430 - 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 1st day of October, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
4/1 AYE
( , , id E. Lon , Chair
iii
�'i:16 lerk to the Bo d
mi
® AYE
• Robert D. sden, Pro-Tern
duty Clerk to he Board s / (AYE)
M. J. e�ile
APP V AS `mil 2 4 P (NAY)
Willia H. Jerke
ounty Attorney ./ .�t lA A eiz cr� (NAY)
Glenn Vaad
Date of signature: _1ef'1.1,LOf
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2003-2420
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