HomeMy WebLinkAbout20033217.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SUBSTANTIAL CHANGE #24 REGARDING
CHANGE OF ZONE, PZ#547-OLANDO, LLC, C/O TAMMY ELLERMAN AND ED ORR
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 17th of
December,2003,at the hour of 10:00 a.m.in the Chambers of the Board,on behalf of Olando,LLC,
do Tammy Ellerman and Ed Orr, 826 9th Street, Greeley, Colorado 80631, for the purpose of
considering whether or not there has been a substantial change in the facts and circumstances
regarding the application for Change of Zone, PZ#547,which was denied by the Board of County
Commissioners by Resolution dated May 16, 2001, and
WHEREAS, said action was taken concerning property described as:
Lot B of Recorded Exemption#2016;being part of the
SE1/4 of Section 16, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Todd Hodges,Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537, and
WHEREAS, said hearing was conducted pursuant to the Board's policy concerning
applications for land use for property previously denied, as set forth in Section 2-3-10 of the Weld
County Code, 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 recommendations of the Department
of Planning Services staff and, having been fully informed, finds that within the concept of a new
application, the facts and circumstances are substantially changed from the initial application as
follows:
1. Criteria 1 --Has the land-use application substantially changed? (e.g., substantial
changes in lot size or density, in internal or external roads, or, in the case of a
rezoning, in the uses proposed). The applicant originally proposed to create a
Planned Unit Development with six(6)E(Estate)lots of approximately four(4)acres
each, and one A(Agricultural) lot of 33.86 acres. The new proposal is to create a
nine(9)lot Minor Subdivision. The lots range in size from 5.05 acres to 15.40 acres.
a. The new proposal has the following changes:
1) The applicant has increased the number of residential lots from
seven (7) to nine (9).
2) The road has been moved to the east.
2003-3217
PL1508
SUBSTANTIAL CHANGE 24 - OLANDO, LLC, C/O TAMMY ELLERMAN AND ED ORR
PAGE 2
3) Open space has been deleted.
4) Increased lot sizes.
2. Criteria 3—Have applicable provisions of the law substantially changed?(e.g., the
applicant is proposing using a different procedure so a different set of criteria apply
or the applicable ordinance has been amended by the Board so the criteria have
substantially changed). The original application was for a Planned Unit
Development. The new proposal is for a Minor Subdivision. Although the
applications are similar, they do follow a different set of criteria, therefore, staff
agrees that this is a substantial change.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there has been a substantial change in the facts and circumstances
regarding the application of Olando, LLC,do Tammy Ellerman and Ed Orr,for a Change of Zone,
PZ #547.
BE IT FURTHER RESOLVED by the Board that the request of Olando, LLC, do Tammy
Ellerman and Ed Orr to apply fora Change of Zone fora nine(9)lot Minor Subdivision and waive the
applications requirements for the Sketch Plan phase be, and hereby is, approved.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of December, A.D., 2003.
D OF COUNTY COMMISSIONERS
COU TYCO RADO
•
ATTEST: L1
Dayi E. Long, Chair
Weld County Clerk tot ; B coEcto.
i Robert D. den, Pro-Tem
BY:
Deputy Clerk to the -'4"
As
�� M. J. eile
D AS lvt--P
'L% l William H. Jerk
ounty Attorney -5.l-� L �
Glenn Vaad�
Date of signature:
2003-3217
PL1508
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