HomeMy WebLinkAbout20183502.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
MAJOR AMENDMENT, 1 MJUSRI7-14-0059, TO USE BY SPECIAL REVIEW PERMIT,
USR14-0059, FOR ONE (1) SINGLE-FAMILY DWELLING PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A TO ADD A HOME BUSINESS
(A CONCRETE AND CONSTRUCTION SERVICES COMPANY, INCLUDING THREE(3)
COMMERCIAL VEHICLES AND FIVE (5) EMPLOYEES), AND MORE THAN ONE (1)
CARGO CONTAINER (THREE (3) CARGO CONTAINERS) PER SECTION 23-3-40.BB
IN AN A (AGRICULTURAL) ZONED SUBDIVISION - ALBINO BUSTILLOS,
CAROLINE BUSTILLOS, AND CASSANDRA BUSTILLOS
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 7th day of
November, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Albino Bustillos, Caroline Bustillos, and Cassandra Bustillos, 7156
Maple Street, Longmont, Colorado 80504, for a Site Specific Development Plan and Major
Amendment, 1MJUSR17-14-0059, to Use by Special Review Permit, USR14-0059, for One (1)
Single-Family Dwelling per lot other than those permitted under Section 23-3-20.A to add a Home
Business (a concrete and construction services company, including three (3) commercial vehicles
and five (5) employees), and more than one (1) Cargo container (three (3) cargo containers) per
Section 23-3-40.BB in an A (Agricultural) Zoned Subdivision, on the following described real
estate, being more particularly described as follows:
Lot 28 Enchanted Hills; being part of Section 8,
Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Jason Hepp,
Blackfox Real Estate, 528 8th Street, Berthoud, CO 80513, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Major Amended 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:
4457777 Pages: 1 of 3
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Carly Koppes, Clerk and Recorder, Weld County, CO
kilial haelliNIII;AYJI ,WIIIVIANIA Bill
cc,PLCaS/TP), PW CEP), 2018-3502
C Cr-r11(3C), �;PPL /O.PPL REP
o i / 14 / 19 PL2305
DENY MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT (1MJUSR17-14-0059) -
ALBINO BUSTILLOS, CAROLINE BUSTILLOS, AND CASSANDRA BUSTILLOS
PAGE 1
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.2 -The proposed Use is NOT consistent with the intent
of the A (Agricultural) Zone District, nor does it meet the definition of a
Home Business because the operations are not conducted primarily within
the dwelling and it is not incidental to the principal permitted use, which is
an A (Agricultural) zoned subdivision designated with rural Residential
uses.
B. Section 22-2-230.B.3 - The Uses which would be permitted are NOT
compatible with the existing surrounding land uses. The subject site is
located within a rural residential subdivision in the A (Agricultural) Zone
District and the proposed Uses would change the look and feel of the
existing neighborhood and create incompatibility regarding visual impacts,
as well as increased traffic and noise. Additionally, no outdoor storage is
permitted for a Home Business.
C. Section 23-2-230.6.4 - 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 and any potential future growth is not
compatible with the A (Agricultural) zoned subdivision with 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 Albino Bustillos, Caroline Bustillos, and Cassandra
Bustillos, for a Site Specific Development Plan and Major Amendment, 1MJUSR17-14-0059, to
Use by Special Review Permit, USR14-0059, for One (1) Single-Family Dwelling per lot other
than those permitted under Section 23-3-20.A to add a Home Business (a concrete and
construction services company, including three (3) commercial vehicles and five (5) employees),
and more than one (1) Cargo container(three (3) cargo containers) per Section 23-3-40.BB in an
A (Agricultural) Zoned Subdivision, on the parcel of land described above be, and hereby is,
denied.
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Carly Koppes, Clerk and Recorder, Weld County, CO
KWh, II II
2018-3502
PL2305
DENY MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT (1MJUSR17-14-0059) -
ALBINO BUSTILLOS, CAROLINE BUSTILLOS, AND CASSANDRA BUSTILLOS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
:
ATTEST: dia./O w � ��C'
Ste e Moreno, Chair
Weld County Clerk to the Board
s•.� arbara Kirkmeyer ro-Tem
Deputy Cler to the Boarigt
an P. Conway
AP" . ED A M: °; '�i CUSED
Aw 'ulie A. Cozad
'o �y A orney na\:4‘.31
Mike Freeman
Date of signature: (2/11 f IQ)
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Carly Koppes, Clerk and Recorder; Weld County, CO
■111KA + rilfilMIleink IA Ill III
2018-3502
PL2305
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