Weld District Court judge says county commissioners must provide more evidence in land use decision | MyWindsorNow.com

Weld District Court judge says county commissioners must provide more evidence in land use decision

Tyler Silvy

A Weld District Court Judge has ordered the Board of Weld County Commissioners to submit findings of fact to support the board's decision to reject an RV storage project in the county.

The board on June 21 rejected an application for an RV and boat storage project near Weld County's southern border, saying the proposal wasn't consistent with agriculture, urban development, industrial development, commercial development or regional urbanization goals and policies, as well as compatibility concerns.

The company that filed the application took the issue to Weld District Court, and Judge Todd Taylor on Jan. 17 sent the case back to county commissioners to make findings of fact for inclusion into the commissioners' resolution rejecting the application.

The Weld County Planning Commission also recommended against the RV and boat storage proposal, and commissioners also said the proposal didn't provide adequate evidence it would or could mitigate increased crime, traffic hazards or decreased property values, according to county documents.

For Taylor, county commissioners didn't provide enough evidence for their rejection of the plan.

The court gave the board 35 days to respond, putting the deadline at Feb. 21, but the county plans to issue a response Feb. 14, spokeswoman Jennifer Finch said via email.

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The county received a similar order from Weld District Court in August 2016 after commissioners approved the Martin Marietta Materials asphalt and concrete batch plant near Johnstown. After commissioners provided findings of fact, a Weld District Court judge accepted those findings, but an appeals court panel eventually overturned the commissioners' decision in November. Martin Marietta and the county have appealed the decision, and are awaiting word from the Colorado Court of Appeals on whether the court will agree to a re-hearing.

— Tyler Silvy covers government and politics for The Greeley Tribune. Reach him at tsilvy@greeleytribune.com. Connect with him at Facebook.com/TylerSilvy or @TylerSilvy on Twitter.

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The Board of Weld County Commissioners is expected to present findings of fact Feb. 14 related to its rejection of an RV and boat storage project in the southern part of Weld County, something a Weld District Court judge has ordered following court action by the applicant in the case.