HomeMy WebLinkAbout20153740.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR15-0047, FOR ANY USE PERMITTED AS A
USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW, IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT -
TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE
EQUIPMENTNEHICLE STORAGE AND STAGING AND MORE THAN ONE CARGO
CONTAINER AS ACCESSORY STRUCTURE), 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 - JM
TRUCKING, 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 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 application of JM Trucking, LLC, 5258 Tall Spruce Street, Brighton, CO 80601, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0047, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review, in the Commercial or
Industrial Zone Districts (heavy equipment — trucking and truck repair shop along with outside
equipment/vehicle storage and staging and more than one cargo container as accessory
structure), 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 Recorded Exemption, RECX14-0065; being
part of the NW1/4 of Section 27, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present/represented by Robert Malloy,
Planscapes, 980 Norway Maple Dr., Loveland, CO 80538, 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. Section 23-2-230.B.1 --The proposed use is not consistent with Chapter 22
of the Weld County Code.
4169794 Pages: 1 of 2
12/31/2015 12:58 PM R Fee:$0.00 2015-3740
Carly Koppes, Clerk and Recorder, Weld County, CO
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DENY USE BY SPECIAL REVIEW PERMIT (USR15-0047) -JM TRUCKING, LLC
PAGE 2
2. Section 23-2-230.B.2 -- The proposed use is not consistent with the intent
of the A (Agricultural) Zone District.
3. Section 23-2-230.6.3 -- The proposed use will not be compatible with the
existing surrounding land uses.
4. Section 23-2-230.6.4--The proposed use will not be compatible with future
development of the surrounding area as permitted by the existing zoning
and 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.
5. Section 23-2-230.B.6--The applicant has not demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of JM Trucking, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0047, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review, in the Commercial or Industrial Zone Districts (heavy
equipment — trucking and truck repair shop along with outside equipment/vehicle storage and
staging and more than one cargo container as accessory structure), 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 9th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C L RADO
ATTEST:C Wet/Leo/, C�C ; , ,tom
V r•/ rbara Kirkmeyerair
Weld County Clerk to the Board
^ 1 Mike Freeman, Pro-Tem
C� 1 r �di,�
De y Clerk to the and ,,� 11
, can P. onway
APPROVED AS TO F•RM.( � XCUSED
/� l •,,���.� _ ilie A. Cozad
County Attorney y off N
y 60 Steve Moreno
Date of signature: /'7
4169794 Pages: 2 of 2
12/31/2015 12:58 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO3740
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