HomeMy WebLinkAbout20153142.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING USE BY SPECIAL REVIEW PERMIT,
USR14-0046, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING USES
SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW
AS LONG AS THE USE (GRINDING AND STORAGE OF WOOD CHIPS AND LOGS
FOR LIVESTOCK BEDDING) COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT-THE ESTATE OF WINDON DAVIS, C/O RICK
DAVIS
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 19th day of
August, 2015, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of The Estate of Windon Davis, 2730 Buena Vista Drive, Greeley, CO 80634, do
of Rick Davis, 5909 West "C" Street, Greeley, CO 80634, for a Site Specific Development Plan
and Use by Special Review Permit, USR14-0046, for an Agricultural Service Establishment
primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee
or contract basis, including Uses similar to the Uses listed in Section 23-3-40 as Uses by Special
Review as long as the Use (grinding and storage of wood chips and logs for livestock bedding)
complies with the general intent of the A (Agricultural) Zone District on the following described
real estate, to-wit:
Lot B of Recorded Exemption, RECX15-0070; being
part of the E1/2 of Section 33, Township 6 North,
Range 66 West; lying south of Greeley Canal #3,
Exc Lot A of Recorded Exemption, RE-783, of the
6th P.M., Weld County, Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, found that this matter
should be continued to October 7, 2015, at 10:00 a.m., to allow The Estate of Windon Davis, do
Rick Davis, adequate time to perform the 30-day notification to mineral interest owners and
lessees as required by Colorado Revised Statutes, and to be heard at the Planning Commission
hearing scheduled for September 15, 2015.
WHEREAS, on October 7, 2015, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant and, having been fully informed, found
that this matter should be further continued to December 9, 2015, at 10:00 a.m., to allow the
applicant adequate time to attain the necessary signature of the co-owner, and due to the Zoning
Violation, a cease and desist order was given per the Board of County Commissioners, until which
time a decision could be made at the final hearing on December 9, 2015.
' 'tt"'- 1),;2q 2015-3142
PL2362
RE: REFER BACK TO PLANNING SERVICES STAFF (USR14-0046) -THE ESTATE OF
WINDON DAVIS, C/O RICK DAVIS
PAGE 2
WHEREAS, the Board held a public hearing on the 9th day of December, 2015, at the
hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the aforementioned
application, and the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, finds that this request be
referred back to Planning Services staff to allow the applicant, Rick Davis, additional time to
acquire the necessary signature of the co-owner of the property as determined through probate,
with the understanding that any Use allowed as a Use by Right may continue; however, all
operations requiring the Use by Special Review permit shall cease until such time as a complete
USR application is submitted, proper notice is provided, the formal public hearing process is
conducted and approval is acquired.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the abovementioned matter be, and hereby is, referred back to the
Department of Planning Services staff for further processing.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: dole&
V ;� arbara Kirkmeyer Chair
Weld C. nt Clerk to the Boar �°� •
• �,.�
,
Mike Freeman Pro-Tern
BY:
Deputy Clerk t• the `' ' ' �� -�
'�• "'"�� Sean P. Conway j
AP' ` • AS T� ,�%=����l � EXCUSED
Julie A. Cozad
' ount Attorney
04/H,
Steve Moreno
Date of signature:
2015-3142
PL2362
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