HomeMy WebLinkAbout20183117.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR18-0034, FOR ANY USE PERMITTED AS A
USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL VEHICLE AND
EQUIPMENT STORAGE ASSOCIATED WITH A CONCRETE CONSTRUCTION
BUSINESS) 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 - LUIS MARTINEZ
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 10th day of
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of 5380 CR 36, Platteville, Colorado 80651, for a Site Specific Development Plan
and Use by Special Review Permit, USR18-0034, for any Use permitted as a Use By Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(commercial vehicle and equipment storage associated with a concrete construction business)
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, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -3292; being part
of the NW1/4 of Section 12, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Sheri
Lockman, Lockman Land Consulting, LLC, 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 unfavorable
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 denied
for the following reasons:
1. 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.B.1 -- The proposed use is NOT consistent with Chapter
22 or any other applicable Code provisions or ordinances in effect, as
follows:
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Carly Koppes, Clerk and Recorder, Weld County, CO
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DENY SPECIAL REVIEW PERMIT (USR18-0034) - LUIS MARTINEZ
PAGE 2
1
Section 22-2-20.D (A.Goal 4) - "Promote a quality environment
which is free of derelict vehicles, refuse, litter and other unsightly
materials." This application will involve potential unsightly material
and concerning visual impacts.
2) Section 22-2-20.6.2 (A.Policy 2.2) - "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production." This use is not directly related to
or dependent on agriculture. The traffic and dust created by the
trucks is incompatible.
3) Section 22-2-20.G.2 (A. Policy 7.2) - "Conversion of agricultural land
to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support
such development, and should attempt to be compatible with the
region." This use is not compatible with the current region.
B. Section 23-2-230.B.2 - The proposed use is NOT consistent with the intent
of the A (Agricultural) Zone District and does not promote agriculture
because outdoor storage of this type is inconsistent with the intent of the A
(Agricultural) Zone District. Further, this use does not promote agriculture
or agricultural activities and will change the look and feel of the existing
neighborhood. This outdoor storage is concrete barriers which are not of
rural character.
C. Section 22-2-230.6.3 - The uses which would be permitted are NOT
compatible with the existing surrounding land uses. The proposed use is
not compatible with the existing surrounding land uses, agricultural
production or rural residential and would change the neighborhood due to
incompatibility regarding visual impacts, increase of traffic, dust, and noise.
D. Section 23-2-230.B.4 - The uses which would be permitted are NOT
compatible with future development of the surrounding area as permitted
by the existing zoning or with the future development as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed use is not compatible with future
development, which will remain viable in agricultural production and rural
residential of high quality character.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Luiz Martinez, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0034, for any Use permitted as a Use by Right, Accessory
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11/29/2018 02:23 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder; Weld County, CO
2018-3117
PL2589
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DENY SPECIAL REVIEW PERMIT (USR18-0034) - LUIS MARTINEZ
PAGE 3
Use or Use by Special Review in the Commercial or Industrial Zone Districts (commercial vehicle
and equipment storage associated with a concrete construction business) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, Denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD,COUNTY, COLORADO
ATTEST: datiiii,$)
Weld County Clerk to the Board
Depute to the Board
County orney
Date of signature: 11/27/18
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11/29/2018 02:23 PM R Fee:$0.00
Carly�IKoppes, Clerk and Recorder, 'Weld County, CO
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Barbara Kirkmeyer, Pro -Tern
Mike Freeman
2018-3117
PL2589
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