HomeMy WebLinkAbout20194031.tiffRESOLUTION
RE: APPROVE DETERMINATION OF SUBSTANTIAL CHANGE REVIEW, USR19-0040, OF
A PREVIOUSLY DENIED APPLICATION FOR LAND USE, USE BY SPECIAL REVIEW
PERMIT, USR17-0016 (DENIED JUNE 21, 2017), FOR ANY USE PERMITTED AS A
USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, A
DUMP STATION, ENCLOSED SELF -STORAGE AND THE PARKING AND STAGING
OF TRASH CONTAINERS, ROLL -OFFS, AND VEHICLES AND/OR EQUIPMENT TO
PICK UP AND DELIVER SAME AND FOUR (4) INDIVIDUAL FLEX OFFICE
BUILDINGS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - WW, LLC
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 18th day of
September, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of WW, LLC, 9457 S. University #401, Highlands Ranch, Colorado 80126,
for the purpose of considering whether or not there has been a substantial change in the facts
and circumstances regarding the application for a Site Specific Development Plan and Use by
Special Review Permit, USR17-0016, for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a
dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and
vehicles and/or equipment to pick up and deliver same and four (4) individual flex office buildings)
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, which was denied by the Board of County Commissioners by Resolution, dated
June 21, 2017, and
WHEREAS, said action was taken concerning the property described as:
Lot B of Recorded Exemption, RECX16-0076; being
part of the W1/2 SE1/4 of Section 33, Township 1
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Kelsey Bruxvoort,
AGPROfessionals, 3050 67th Avenue, Greeley, CO 80634, 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
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10 (Oct/19
2019-4031
PL2475
SUBSTANTIAL CHANGE HEARING (USR19-0040) - WW, LLC
PAGE 2
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 all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request 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 had 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, specifically:
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, USR17-0016, was
based on incompatibilities and conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses. The
previously proposed RV and Boat Storage operation was commercial and
industrial in nature, whereas, the site and adjacent properties are rural
residential with agricultural uses. To address the intensity of the previous
application, the applicant, WW, LLC, is now proposing a Planned Unit
Development (PUD) for residential and commercial uses on the subject
property, which is a substantially different request and process than the
previously denied USR.
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
regarding the application of WW, LLC.
BE IT FURTHER RESOLVED by the Board that the request of WW, LLC, to apply for a
Planned Unit Development (PUD) for residential and commercial uses on the subject property be,
and here by is, approved.
2019-4031
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SUBSTANTIAL CHANGE HEARING (USR19-0040) — WW, LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2019.
ATTEST: dath,$);4,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROVD LS-TQ
County Attorney
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Date of signature 1O/Og/19
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
4
Barbara Kirkmeyer,/Chair
Mike Freeman, P
2019-4031
PL2475
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