HomeMy WebLinkAbout20153546.tiff RESOLUTION
RE: CHANGE OF ZONE, COZ15-0001, FROM A (AGRICULTURE) ZONE DISTRICT TO
1-2 (INDUSTRIAL) ZONE DISTRICT-WELD 34, LLC, C/O ENVIROTECH SERVICES
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 16th day of September, 2015, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Weld 34, LLC, c/o
EnviroTech Services, 910 54th Avenue, Suite 230, Greeley, CO 80634, requesting a Change of
Zone from the A (Agricultural) Zone District to the 1-2 (Industrial) Zone District for a parcel of land
located on the following described real estate, to-wit:
Lot B of Recorded Exemption, RE-4866; being part
of the NW1/4 and N1/2 NW1/4 of Section 18,
Township 5 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant to continue the matter to allow adequate time to solidify a
tenant, in an effort to determine the site plans, and to be heard at Planning Commission on
October 20, 2015. The Board, having been fully informed, continued the matter to
November 18, 2015, at 10:00 a.m., for the reasons stated herein, and
WHEREAS, on November 18, 2015, the applicant was present and represented by
Tim Pike, EnviroTech Services, 910 54th Avenue, Suite 230, Greeley, CO 80634, 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
›.1. of those present, studied the request of the applicant and the recommendation of the Weld County
oU Planning Commission and, having been fully informed, Commissioner Freeman moved that this
u_o== request be approved for the following reasons, which was seconded by Chair Kirkmeyer:
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Na3mK 1. The applicant has complied with all the application requirements listed in
44.c CO� Section 23-2-50 of the Weld County Code.
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2. The request is in conformance with Section 23-2-40.B of the Weld County Code.
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aft lig WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the
m" concurrence of three of the members of the Board is required to approve a Resolution, and
�N g .� WHEREAS, the motion to approve COZ15-0001 received only two votes of "AYE" by
N r Commissioner Freeman and Chair Kirkmeyer and therefore failed; the effect of the failure to
u'-,== obtain a majority vote for passage of the motion to approve resulted in a denial of the application.
2015-3546
C J/.4/ PL2365
CHANGE OF ZONE (COZ15-0001) -WELD 34, LLC, C/O ENVIROTECH SERVICES
PAGE 2
The three Commissioners who voted "NAY" for the motion were Conway, Cozad and Moreno.
Their reasons for voting "NAY" are detailed in the Hearing Certification, but are that the uses
which would have been allowed in the 1-2 (Industrial) Zone would not have been compatible with
the existing and surround land uses, in contravention of the requirement set forth in Section
23-2-40 B.2. of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Weld 34, LLC, c/o EnviroTech Services, for a Change
of Zone from the A (Agricultural) Zone District to the 1-2 (Industrial) 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 18th day of November, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, C L ADO
ATTEST: daztvt)
�' .�� (AYE)
ara Kirkmeyer, air
Weld County Clerk to the Board
(AYE)
Mike Freeman, Pro-Tern
BY: ''
Deputy Cle to t e Boa - (NAY)
Sean P. Con ay
APjR ED RM: (7 (NAY)
/ Julie A. Cozad
ounty Attorney �1 (NAY)
�ss1 c t. teve Moreno
Date of signature:
O1 see w tqs
4169081 Pages: 2 of 2
12/29/2015 02:29 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
!IAN II MUM
2015-3546
PL2365
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