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Home My WebLink About820038.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AGRI-BUSINESS - WELD COUNTY PLANNING COMMISSION (KLEIN) 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 11th day of August, 1982, at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of the Weld County Planning Commission (Klein) , P.O. Box 557, Kersey, Colorado 80644 , for a Use by Special Review for an agri-business, on the following described real estate, to-wit: Part of the NW4, Section 19, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24.4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with the appli- cation requirements. of Section 24. 7 of the.rfVeld County Zoning Ordinance; 2. It is the opinion of the Board of County Commissioners that the application complies with Section 24.4. 2 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone District in that the use does not constitute an interference with agricultural activities. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. Further- more, the proposal is considered to be an agri-business use which has been determined to be appropriate in the agricultural District. 3. No overlay districts affect the site. Operation and design standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. C- 820038 pro!91 Page 2 RE: USR - WELD COUNTY PLANNING COMMISSION (KLEIN) NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for an agri-business on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1. The attached standards for Use by Special Review be adopted. 2. The Resolution authorizing the Use by Special Review Permit be placed of record by the Department of Plan- ning Services staff prior to any building permits being issued on the site. The Resolution shall have the adopted standards attached. 3. The amended plot plan shall include an additional ten (10) acres, more or less, to make a total of 22.428 more or less, as described in the amended plot plan to accommodate the Use by Special Review. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of August, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ///C'Fn ohn T. Martin, hairman c cc arlson, Pro-Tem EXCUSED DATE OF SIGNING Norman Carlson. Li 1 .i- t C/C. . Kirby ATTEST: 'lima awrC7taters / e K. S einmark Weld County Clerk and Recorder and Clerk to the B rd EP ty county rk APPROVED �S�YEC '� Cou ty Attorney DATE PRESENTED: August 16, 1982 USR-517:82:32 Weld County Planning Commission (Klein) DEVELOPMENT STANDARDS 1. The uses permitted are th-e conduct of an agricultural and horti- cultural chemical supply business including storage, blending, sale, and application of fertilizer, herbicide and pesticide agents. Related services and activities (such as blending and formulation services, or lawn and tree spraying) which utilize the existing agricultural and horticultural chemical supply business facilities and products shall also be permitted. 2. Necessary structures or buildings which are required to facilitate the uses pointed out above can be permitted within the Use by Special Review site. Any such structure or building shall comply with the requirements of the Weld County Zoning Ordinance. 3. Operation Standards for Uses by Special Review, Section 24.6 et. seq. of the Weld County Zoning Ordinance shall be complied with. 4. The Use by Special Review shall be limited and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the Development Standards, as stated, shall require the approval of an amendment to the Use by Special Review Permit by the Planning Commission and the Board of County Commissioners before such changes from the Development Standards shall be permitted. 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Noncompliance with any of the above stated Development Standards shall be reason for revocation of the Use by Special Review Permit by the Board of County Commissioners. RA:rg A public hearing was conducted on August 11 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Jeannette Sears ASSISTANT COUNTY ATTORNEY, R. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated June 23, 1982, duly published July 1 and July 22, 1982 in the LaSalle Leader, a public hearing was held on the request of The Weld County Planning Commission (Klein) for a Use by Special Review for an agribusiness. The Planning Commission recommended that this request be approved with development standards. Charles Dickson, legal counsel was present representing the applicant. Mr. Dickson stated that they do not have any objections to the Use by Special Review so long as the landowner can continue with his operation and,,further, be allowed to expand when necessary. Mr. Dickson did state that Mr. Klein will want to expand his operation as needed. Commissioner C. Carlson suggested that the Board include the additional space at this time to atcammodate any additional growth that Mr. Klein may have in the future. Mr. Dickson commented on the development standards and agreed with them. After discussion with the Assistant County Attorney regarding expanding the site, Commissioner Steinmark made a motion to approve said Use by Special Review•with development standards, amend the plot plan to include the extra acres to accommodate the Use by Special Review, as described on the amended Use by Special Review plat #517-82-32 submitted by the applicant. Commissioner N. Carlson seconded the motion and it carried unanimously. There was no one present that objected to this request. 5;2- Zr2 i )!//-2ffa.0 C IRMAN ,, BOARD OF COUNTY COMMISSIONERS ATTEST: + �. WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: D putt' County Cl DOC X82-39 TAPE# 82-55 LHR 327 A public hearing was conducted on AupJ,cr a , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM, Excused NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER , Excused JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Jeannette Sears ASSISTANT COUNTY ATTORNEY, R. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated June 23, 1982, duly published July 1, 1982 and July 22, 1982 in the LaSalle Leader, a public hearing was held on the request of the Weld County Planning Commission (Klein) for a Use by Special Review. Due to an oversight the applicant was not present at said hearing. Commissioner N. Carlson made a motion to continue this hearing until August 11, 1982 at 2:00 P. M. so the applicant may be present to testify. Commissioner Steinmark seconded the motion and it carried unanimously. • �` 1J-7� )//6i' o CHI RMAN X111 _ a ],� BOARD OF COUNTY COMMISSIONERS ATTEST: �� k@,tt/U!/.�y„r� r WELD COUNTY CLERK AND RECORDER AND CLERK TO THE / Deputy County 1. k DOCKET# 82-39 TAPE# 82-53 LHR 327 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-39 APPLICANT Weld County Planning Commission (Klein) P. 0. Box 557 Kersey, Colorado 80644 DATE: August 4, 1982 TIME: 2:00 P.M. REQUEST: Use By Special Review — an agribusiness LEGAL DESCRIPTION Part of the NWa, Section 19, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: June 23, 1982 PUBLISHED: July 1 , 1982 and July 22, 1982 in the LaSalle Leader J'e- E L 7 DATE: Jur "3 , 1982 t TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections , we have tentatively set the following hearing for the 4th day of August, 1982 at 2 : 00 P .M. : Docket No. 82-38 - Weld County Planning Commission (Klein) COZ - C-3 to A Docket No. 82-39 - Weld County Planning Commission • USR - Agribusiness OF CE OF THE CLE - TO THE BOARD Deputy i The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO b-. '-,%7 ,. , .7-- /17,-; V- - a 4/ ._ _,..____ 9 , ?„,,,,,;, .4, , , ,/ , 7 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CO^MAIS,iIO CEERRSir CIIMISSI0NFIN Date June 15, 1982 Case No. USR # 517:82:32 J �'i . APPLICATION OF Weld County Planning Commission (Klein JUN 22 2 19‘142 ADDRESS P.O. Box 557, Kersey, Colorado 80644 GREE, FY Cat (J Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for site approval of an Agri-business covering the following described property in Weld County, Colorado, to-wit: Part of the NWT, Section 19, T5N, R64W of the 6th P.M. , Weld County, Colorado be recommended (favorably) (mtnaidtdo0 to the Board of County Commissioners for the following reasons: It is the opinion of the Weld County Planning Commission that the application complies with Section 24.3.1.1 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone District in that the use does not constitute an interference with agri- cultural activities. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. Furthermore, the proposal is considered to be an agri-business use which has been determined to be appropriate in the agricultural District. Motion seconded by Bette Kountz Vote: For Passage Jerry Kiefer Against Passage Bette Kountz Bob Halleran Ed Reichert Bob Ehrlich Jack Holman Bill Diehl Fred Otis The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY 1, Bobbie Good , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on July 15. 1982 and recorded in Book No. VTTT of the proceedings of the said Planning Commission. Dated the 16th day of June , 19 82. Secretary USR-517:82:32 Weld County Planning Commission (Klein) A Use by Special Review Permit for an Agri-business (Agricultural and Chemical Supply) Part of the NWT, Section 19, T5N, R64W of the 6th P.M. , Weld County, Colorado 1.5 miles west of the town of Kersey of the south side of U.S. Highway 34 June 15, 1982 Page 2 - No overlay districts affect the site. Operation and design standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. The following conditions are felt necessary for approval of the proposal: - The attached standards for use by Special Review be adopted; - The Resolution authorizing the Use by Special Review Permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. The Resolution shall include the adopted standards. DEPARTMENT OF PLANNING SERVICES PHONE 13031 3564000 EXT.404 915 10TH STREET GREELEY,COLORA0 t 80631 _f‘ rilli I 4 ,,, ,,, D ,o- COLORADO August 4 , 1982 James D. Klein P.O. Box 403 Kersey, CO 80644 RE: Planning Commission Rezoning and Use by Special Review Dear Mr. Klein: The Board of County Commissioners convened their hearing today. to consider the rezoning of your Centennial Ag Supply business in part of the NWe of Section 19, T5N, R64. It was discovered that neither you nor your legal representative was notified. I spoke with Mr. Dickson regarding the matter and it was felt that it would be desirable to continue the matter until Wednesday, August 11, 1982, at 2: 00 p.m. The Board discontinued the hearing to afford you the opportunity to attend. If you find that the August 11, 1982, date is a prob- lem, please notify Jeannette Sears, Deputy Clerk, at 356-4000, extension 225, to schedule a more convenient date. Attached to this letter are the two notices which were originally mailed regarding this matter. All of the information contained in the notices remains the same, with the exception of the August 4, 1982, date, which has now been changed to August 11, 1982. Thank you for your cooperation in this matter. We apologize for any inconvenience our error may have created for you. incer- ly, 1 Tom Honn, AICP Department of Planning Services cc: Charles B. Dickson Attorney at Law Attachments : 2 TH/ta Hello