HomeMy WebLinkAbout20151762.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT, USR14-0084, FOR A USE PERMITTED AS
A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTDOOR TRUCK STORAGE
AND STAGING) 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 - DONALDSON AND
COMPANY, 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 20th day
of May, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Donaldson and Company, LLC, 3384 Mulberry Street, Ft. Collins, CO
80522, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0084,
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (outdoor truck storage and staging) 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 B of Recorded Exemption, RE-5106; being part
of the W1/2 SW1/4 of Section 22, Township 6
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
MI statements of those present and reviewed the request of the applicant and, having been fully
di informed, deemed it advisable to continue the matter to July 1, 2015, at 10:00 a.m., to allow the
-? applicant adequate time to meet the 30-day mineral notice requirement, and
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WHEREAS, on July 1, 2015, the applicant was present and represented by David
Skarka, Winters, Hellerich & Hughes, LLC, 5401 W. 10th Street, Suite 201, Greeley, CO 80634,
and Troy Jones, 108 Rutgers Avenue, Fort Collins, CO 80525, and
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NFL WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
oLLo said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
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ro�L statements of those present, studied the request of the applicant and the recommendation of
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o-Nv the Weld County Planning Commission and all of the exhibits and evidence presented in this
m"0 matter and, having been fully informed, finds that this request shall be denied for the following
v reasons:
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oN,. 1. Section 23-2-230.B.1 — The proposed use is NOT consistent with Chapter 22 or
1' any other applicable Code provisions or ordinances in effect.
n 2015-1762
cc: C D�,�L��LJ S1/3 PL2341
DENY SPECIAL REVIEW PERMIT (USR14-0084) - DONALDSON AND COMPANY, LLC
PAGE 2
A. Section 22-2-20.I.5.A (Policy 9.5) states: "Applications for a change of
land use in the agricultural areas should be reviewed in accordance with
all potential impacts to surrounding properties and referral agencies."
The potential impacts of the proposed use are adverse to the surrounding
properties and it is NOT possible to mitigate all of the potential impacts to
surrounding properties.
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.B.3 -- The uses which would be permitted would NOT be
compatible with the existing surrounding land uses.
4. Section 23-2-230.B.4 -- The uses which would be permitted would NOT be
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Donaldson and Company, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0084, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (outdoor truck storage and staging) 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 1st day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COL RADO
ATTEST: d `�t� �. ' iff.
itAsiv G �� Barbara Kirkmeyer, hair
> Weld County Clerk to the Board
o �0 6�-IPA-�'1P_p�___�
. Mike Freeman, Pro-Tem
Nk_ D i y Clerk to the Bard ! . '�'► c /
4;� � `� � —,®.,ea Conw1y
N ,� APPROVED AS TO FORM: �`"''•�
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a.@ .,'�,yl.� ul)e A. Co ad
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- County Attorney
�- Steve Moreno
rem Date of signature:o
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2015-1762
PL2341
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