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Home My WebLink About20230100.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CHANGE OF ZONE, COZ22-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - MARTY MATCHETT 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, a public hearing was held on the 4th day of January, 2023, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Marty Matchett, 3945 West 18th Street Lane, Greeley, Colorado 80634, requesting a Change of Zone, COZ22-0003, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4193; being part of the SE1/4 NW1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to January 11, 2023, to allow the applicant's representative to be present, and WHEREAS, at said hearing on January 11, 2023, the applicant was present and represented by Wade Hill, Hill Land Services, 700 Automation Drive, Suite H, Windsor,,Colorado 80550, and WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and, having been fully informed, finds that this request shall be denied for M the following reasons: A 1. It is the opinion of the Board of County Commissioners that the applicant has NOT 8 shown compliance with Section 23-2-40.6 of the Weld County Code as follows: yg A. Section 23-2-40.6.1 — The proposed use is not consistent with Chapter 22, am specifically in the following Code References: ma.. m.x m3 1) Section 22-4-10.6.4 - Although located in an identified Weld ,� County Opportunity Zone, the railway frontage to which the subject RA property is adjacent is only 200 feet in length, therefore, limiting the '".s_. ability to utilize said railway for a Commercial use. - Z2 m-i B. Section 23-2-40.B.2 — The uses which would be allowed on the subject ti'�— property by granting the Change of Zone would not be compatible with the a" surrounding land uses. Given that the surrounding land uses are primarily Nw�� N rt a Scr. CC : pL(TP/MN/DA), c A (KH) 2023-0100 vmSlllllI A PPL., APPL. REP. ' PL2851 va /i 3/23 DENY CHANGE OF ZONE (COZ22-0003) — MARTY MATCHETT PAGE 2 residential and agricultural, the proposed Change of Zone would not be compatible. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Marty Matchett for a Change of Zone, COZ22-0003, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District on the above referenced parcel of land be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da4A) J ' ,o;o, Weld County Clerk to the Board BY: AP County Attorney Date of signature: 0243102 (NAY) Mike Freeman, Chair EXCUSED Perry L. Buck, Pro-Tem Scott K. James evin D. Ross Lori Sain (AYE) AYE AYE 2023-0100 PL2851 WELD COUNTY CERTIFICATE OF MAILING COMPANY POSTAL CITY STATE LAST NAME FIRST NAME ADDRESS 1 CODE CO 80634 MARTY 3945 WEST 18TH GREELEY MATCHETT STREET LANE M RM_RS23J7@YAHOO. COM WADE 'HILL 700 AUTOMATION WINDSOR CO 80550 HILL LAND SERVICES, INC. DRIVE, SUITE H hillland 1 @aol.com I hereby certify that I have sent a true and correct copy of Weld County Board of Commissioners' Resolution #2023-0100, in the United States Mail, postage prepaid First Class Mail by letter as addressed on the list above this 14th day of February, 2023. U) 0 O 0 0 H r- tom Mariah N. Higgins Deputy Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'''. C)FFIC Us Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sent To MARTY Mn-rCHETY Street and Apt. No., or PO Box No. 3q --W ST t +`' STREET LANE -b , State, ZIP+4� ' + l E ►-g Co 4506 3" PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions N 0 L Er O O a a a - r1 r -H N Certified Mail Fee U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . itk Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Postmark Here Sent To WADE Huss, NLI.L LAND €ERvzcES, I NC Street and Apt. No., or PO Box No. loo AvTot1hflON D10EVEr, SUITE City, State, ZIP -I-4® rSo' CO '%S5O PS Form 3800, A • ril 2015 PSN 7530-02-000-9047 See Reverse for Instructions t SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MARTy MATCHETY 39N5 WEST 1$"'STREFTLRNE GREELE/, co go634 III II III IlIllIflhllIlIlU III III 9590 9402 7331 2028 8553 83 c oZ. -- o Oo3 3 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 7017 1450 0000 9675 0084 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery gCertified Mail® Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt p .: ac SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: AT'rtJ'.WADE HILL HILL LAND SERVi'cES, ING. 7oo RuToMAT=oN DR=vE, SUITE bl WINDSoQ, co X0550 111111111 IIII IIII II IHI NIIIIIIIIIII III II II 9590 9402 7331 2028 8554 06 III C012:).- 000 COMPLETE THIS SECTION ON DELIVERY A. Signatur IA X ❑ Agent ❑ Addressee B. Received by (Printed Name) *c# yaAn6'r D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No C. Date of Delivery 2-2/-22 2. Article Number (Transfer from service label) 7017 1450 0000 9675 0077 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ,! Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery O Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return F Hello