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HomeMy WebLinkAbout20002793.tiff RESOLUTION RE: DENY CHANGE OF ZONE #551 FROM A(AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT - CECIL FARMS, CIO VERN CECIL 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, a public hearing was held on the 6th day of December, 2000, at 10-0) a.m. for the purpose of hearing the application of Cecil Farms, do Vern Cecil, c/o Todd Hodges Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, requesting a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District, for a parcel of land located on the following described real estate, to-wit: Lot B of Amended Recorded Exemption #2019; being part of the S1/2 of Section 11, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Todd Hodges, Todd Hodges Design, LLC, and WHEREAS, Section 5.3 of the Weld County Planned Unit Development Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendaticns of the Weld County Planning Commission and, having been fully informed, finds that this request shall be denied for the following reasons: 1. The applicant has not complied with all the application requirements listed in Section 5.3 et seq., of the Weld County Planned Unit Development Ordinance. a - O - 0 2. The Board of County Commissioners has determined the request does no:: as comply with Section 6.4.4 of the Weld County Planned Unit Development =_ w Ordinance #197 as follows: t8 z. � ) = a. Section 6.4.4.6.1 -- The proposal is not consistent with the a c Comprehensive Plan, and the Weld County Zoning and Subdivision -CC--Cr Ordinances. A.Goal 7protects agricultural land from encroachment of arc?3 urban uses which hinder the operation, efficiency and productivity of the agricultural uses. The applicant did not establish how the PUD would not be a hindrance to the feedlots in the area. The Board was not convinced _o A.Policy 7 stating the Right to Farm Covenant is a sufficient meanE. of c.„, preventing future conflicts and confrontations which may affect the ability eo' of the Schneider Farm to operate. rc aim —m e • C PL //PAIL/ /ile p, /�/!, //z r Fin) e.9 2000-2793 --N f L1457 CHANGE OF ZONE #551 FROM A (AGRICULTURAL) TO PUD - CECIL FARMS, C/O \I ERN CECIL PAGE 2 b. Section 6.4.4.6.2 -- The uses which would be allowed in the proposed Planned Unit Development do not conform with the 20 Performance Standards contained in Section 2 of the Planned Unit Development Ordinance. Section 2.2 requires adequate buffering and screening to make the appearance and operation harmonious with the surrounding uses; however, the applicant failed to provide a means to make the operation harmonious with the surrounding uses. Section 2.6 addresses compatibility with adjoining uses, insofar as density, design, and location are concerned. There is a feedlot permitted by Use by Special Review Permit#529 for ten thousand head of cattle. The applicant failed to prove the uses to be compatible. c. Section 6.4.4.6.3 -- The uses which would be permitted have not been shown to be compatible with the existing or future development of the surrounding area as permitted by the existing Zoning, and with the future development as projected by the Comprehensive Plan or Master Plans of affected municipalities. The proposed site lies within the three mile referral areas of the Town of Eaton and the City of Greeley. Pinnacle Park Subdivision is three-quarters (3/4) of a mile south of the site. The City of Greeley recommended denial of the proposal as it does not comply with the policies and intent of the City of Greeley's Comprehensive Plan and Resolution 7, 1985. However, the City of Greeley and Weld County do not have an intergovernmental agreement in place. The City also requested that the access road be paved. Pavement is not required as the subdivision is non-urban scale and accessed from a gravel road. d. Section 6.4.4.6.5 -- Street or highway facilities providing access to the property are not adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed Zone District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Cecil Farms, c/o Vern Cecil, do Todd Hodges Design, LLC, for a Change of Zone from the A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone District with five E (Estate) lots and 7.54 acres of common open space on the above referenced parcel of land be, and hereby is, denied. 1111111111111111111111111111111111111111111111111111111 2000-2793 2816665 01/02/2001 11:52A JA Suki Tsukamoto PL1457 2 of 3 R 0.00 D 0.00 Weld County CO CHANGE OF ZONE #551 FROM A (AGRICULTURAL) TO PUD - CECIL FARMS, C/O VERN CECIL PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, ac opted by the following vote on the 6th day of December, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / f; / ' / ATT �( y �P4,i /Litt `J I)) '( /ktl1 ,l- (AYE) ��4 1!IL, " 1/(//(/11'447 Barbara J. Kir eye e, Chair e le o the Board ;� , f,' , (. ���� 1J �. (AYE) M. J eile, Pro- em . B�j1 L `� , t e Board — Y'''''---‘7,-.e €-- -, (AYE) O, 9 'Georg Baxter A _ T ORM: / `A (NAY) , Dale K. Hall ) 2oifnt ttorney EXCUSED DATE OF SIGNING (AYE) 7 Glenn Vaad 111111111111111111 it 11111111111111 III 11111IIII IIII 2816665 01/02/2001 11:52A JA Suki Tsukamoto 2000-2793 3 of 3 R 0.00 D 0.00 Weld County CO PL1457 Hello