HomeMy WebLinkAbout941213 RESOLUTION
RE: ACTION OF BOARD CONCERNING SUPPLEMENTAL FINDINGS AND CONCLUSIONS
MINOR SUBDIVISION, FINAL PLAT(WHITETAIL NOS. 1 &2, CASE NUMBERS S-349 and
S-350) - IVAR AND DONNA LARSON
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, by Resolution following a public hearing
on March 16, 1994, denied the application for minor subdivision final plat Whitetail 1 and 2, and
WHEREAS, said decision of the Board was appealed to the District Court for the County of
Weld, State of Colorado, in what is now consolidated Case Number 94-CV-172, and
WHEREAS,the District Court has ordered that this Board prepare supplemental findings of
fact and conclusions, and
WHEREAS, the Board has prepared supplemental findings of fact and conclusions with
respect to the provisions of the Weld County Comprehensive Plan Ordinance, Ordinance 147-B
attached as Exhibit "A" and incorporated by this reference and included as Exhibit "B" relevant
portions of Ordinance 147-B, and
WHEREAS, the Board does not intend, by this action, to delete any portion of the Resolution
of March 16, 1994, specifically including that portion of the Weld County Subdivision Ordinance
regarding lack of emergency access and lack of adequate public road to access the site pursuant
to Section 4.5.16.7 of the Weld County Subdivision Ordinance found at paragraphs 1 and 2 of the.
March 16, 1994, Resolution.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the findings of fact and conclusions found in Exhibit A, attached hereto and
incorporated herein by this reference, are adopted as the supplemental findings and conclusions of
this Board.
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RE: SUPPLEMENTAL FINDINGS AND CONCLUSIONS - WHITETAIL#1 AND#2
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day offfIlDecember, A.D., 1994.
/ 1 iii
BOARD OF COUNTY COMMISSIONERS
ATTEST: /ji/// WELD COUNTY,,COLORADO
Weld County Clerk to the Board 612
/ IG j pi t� ,(;��r{/, �,_(/
H. ebster, airman
BY:�iI / 5�/� -- �
Deputy Clerk to the Board AauPro/
AS TO FOR . Baxter
oun r ey Constance L. Harbert
arbara J. Kirkmeye^ Ajar
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Findings of Fact and Conclusions of Law Regarding Whitetail 1 & 2 with respect to provisions
of Weld County Comprehensive Plan Ordinance, Ordinance 147-B adopted March 24, 1992.
Findings:
1. The proposed minor subdivisions, Whitetail 1 and 2, (hereinafter "subdivisions")
would be located in a rural agricultural use area which is zoned A-agricultural. The subdivisions
would be nearly surrounded by large scale agricultural operations. (eg. Record: Volume 1,
pages 145, 170-171, 197-200, 373, Transcript page 21, line 18 through page 24, line 3; Volume
I, page 237-240).
2. The land within the proposed subdivisions has been farmed by the applicants and
is classified as farm land of statewide importance. The applicants currently operate a sprinkler
on the parcels and there was good production the last year under the sprinkler and there has been
production in years past. (Eg. Record: Volume 1, pages 159 and 168; Transcript page 101, line
11 through page 102, line 7; Transcript page 111, line 9 through page 112, line 6, page 72, lines
13 through 23, page 88,lines 11 through line 24.)
3. The proposed subdivisions are within three miles of the closest municipality, the
Town of Johnstown, but are not adjacent to the municipality nor is the area recognized within a
Johnstown Comprehensive Plan for any type of development. The development of the site is
noncontiguous to other residential development and the Town of Johnstown. (Eg. Record:
Volume 1, pages 43, 141, 145 and 373.)
4. Johnstown did not oppose the subdivisions but also did not agree to provide any
services to the subdivisions. (Eg. Record: Volume 1, pages 15 and 1.)
5. Approval of the subdivisions will increase conflicts between the residential uses
within the subdivisions and the agricultural uses adjacent to the proposed subdivision with
respect to the likelihood of restrictions on normal farming practices including specifically
Exhibit "A"
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interference with irrigation systems. (Eg. Record: Volume 1, pages 153-154, 157, 163-166;
Transcript page 103, line 16 through page 104, line 7.)
6. The proposed use of the subdivisions will not be agricultural in nature and the
property will be converted to a residential use as is confirmed by the terms of the covenants.
(Eg. Record: Volume 1,pages 26-28 and 79.)
7. The proposed subdivisions will create 12 lots averaging 15 acres in size for
residential purposes. This use is completely different than the primary existing surrounding land
uses of large farms in terms of the density of development and the traffic generated from the site.
(Eg. Record: Volume 1, pages 159-160, 179, 216-217 and 237.)
8. While utilities and other public facilities and services can be made available, the
expansion of these services to serve an urban residential use in an area almost three miles from
any municipality has not been shown to constitute the most efficient and economical way of
providing the public services. (Eg. Record: Volume 1, pages 72-73, 117, 158-159 and 361-362.)
Conclusion
The Board of County Commissioners concludes that the minor subdivisions, Whitetail 1
and 2, do not comply with Weld County Comprehensive Plan, Ordinance 147-B as follows:
A. That the proposal is not in compliance with the Weld County Comprehensive Plan
because it converts prime agricultural land from agricultural production it an
urban use. Agricultural Goals, paragraph 2, page 25; Agricultural Policy,
paragraph 1, page 26; Open Space, Parks and Recreational Policies, paragraph 1,
page 84 and Economic Goals, paragraph 2, page 92.
Exhibit "A"
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B. The proposed subdivisions within an Agricultural Zone District will cause
interference by an incompatible residential uses with agricultural activities.
Agricultural Policy, paragraph I, page 26.
C. That the proposed subdivisions are not compatible with the existing surrounding
land use, particularly the large farm parcels, in terms of general use, scale, density
and traffic. Residential Policy, paragraph 5, page 41.
D. The proposed subdivisions are within an urban growth boundary area but do not
meet the criteria for approval for a development according to Urban Growth
Boundary Goals and Policies because the Town of Johnstown has not been shown
to be providing any services to the subdivisions nor has it been shown that the
Town has recognized this development as consistent with their Comprehensive
Plan as there is no indication that Johnstown has a Comprehensive Plan that
covers this area. Urban Growth Boundary Policy, paragraph 1, page 33; Urban
Growth Policy, paragraph 2c, page 34.
E. The location of the proposed subdivisions in a rural area far removed from a
municipality creates demands on services which cannot be provided efficiently.
The development does not constitute efficiently and orderly development and is
leap-frog or noncontiguous development. Urban Growth Boundary Policy,
paragraph 2a(2), Urban Growth Boundary Policy, paragraph 1 page 33; Public
Facility and Service Goal, paragraph 1,page 58; Residential Goals, paragraph 3,
page 40.
whitefac.db
Exhibit "A"
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Excerpts from Weld County Comprehensive Plan Ordinance 147-B
"Tension between farming and nonfarming uses in rural areas with growing populations is
prompted by the additional expense of vandalism to crops, livestock, irrigation ditches, and farm
equipment. Other burdens to the farmer have occurred from restrictions on normal farming
practices in areas encroached upon by residential, commercial, and industrial uses." Concerns of
Farming As An Industry, page 23, paragraph 3.
"It is important that Weld County representatives and officials recognize their role in reducing
the conflicts between agricultural uses and residential, commercial, and industrial uses. Farmers
and developers should be able to depend on the consistent interpretation and administration of
the Comprehensive Plan Ordinance, Zoning Ordinance, and Subdivision Regulations. Using
these documents to make consistent land-use decisions will reinforce their usefulness as an
information and decision making tool on land-use decisions made by private parties as well as
public officials." Concerns of Farming As An Industry, page 24, paragraph 1.
Agricultural zone districts shall be established and maintained to protect and promote the
County's agricultural industry. The agricultural zone district is intended to preserve prime
agricultural land and to provide areas for agricultural activities and uses dependent upon
agriculture without the interference of incompatible residential, commercial, and industrial land
uses. Agricultural Policies, paragraph I, page 26.
"With the land area of the County remaining constant, increases in the land area of urban-type
uses will bring about decreases in the land area of farmland. The percentage of urban-type land
use is probably not as significant as the pattern of use. An extremely dispersed pattern of urban-
type land uses in the southwest part of the County could make large scale agricultural operations
difficult." Existing Land-Use, Paragraph 3, page 14.
Weld County shall encourage a compact form of urban development by directing residential
growth to urban growth boundary areas and to those areas where urban services are already
available before committing alternate areas to residential use. Residential Policy, paragraph 4,
page 41.
New residential development should demonstrate compatibility with existing surrounding land-
use in terms of: general use, building height, scale, density, traffic, dust, and noise. Residential
Policy, paragraph 5, page 41.
Promote the agricultural use of prime agricultural land. Agricultural Goal, paragraph 2, page 25.
Exhibit"B"
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Encourage residential, commercial, and industrial development to locate adjacent to existing
incorporated municipalities and in accordance with the municipalities' adopted comprehensive
plan goals and policies. Agricultural Goal, paragraph 4, page 25.
Agricultural zone districts shall be established and maintained to protect and promote the
County's agricultural industry. The agricultural zone district is intended to preserve prime
agricultural land and to provide areas for agricultural activities and uses dependent upon
agriculture without the interference of incompatible residential, commercial, and industrial land
uses. Agricultural Policy, paragraph 1, page 26.
Land-use development proposals within an urban growth boundary shall be encouraged so long
as they conform to the desires of the municipality as expressed in its comprehensive plan or by
its land-use decision making body and if the municipality has agreed to provide services. Urban
Growth Boundary Policy, paragraph 1, page 33.
The County may consider approving a proposal for urban development within urban growth
boundary areas if all of the following criteria are met.
A. One of the following has occurred:
(1)the adjacent municipality does not consent to annex the property for development
purposes (as evidenced through prezoning discussions, development agreements, etc.); or
(2) annexation is not possible under the provisions of state law, but it is determined by the
County that development of the site does not constitute leapfrog or noncontiguous
development.
B. The County finds, in its review of the land-use application materials, that the public
facility and service impacts created by the development or the proposed zone district are
compatible with the comprehensive plan transportation and public facility and service
goals and policies.
C. The proposed use is determined to be consistent with the adopted comprehensive plan of
the county. A municipality's adopted comprehensive plan goals and policies or the
recommendation of the land-use decision making body will be considered when
reviewing development proposals within an urban growth boundary area.
D. The land-use applicant has demonstrated, to the satisfaction of the Board of
Commissioners, that maximum efficiency and economy has occurred in providing the
needed public services and facilities to the proposed development or district. The
application must include data and analyses that project the direct and indirect current
public impacts, public costs, potential revenue, and other impacts on the County's tax
base. Urban Growth Boundary Policy 2, page 33-34.
Exhibit "B"
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The County shall provide land-use goals and policies which foster the economic health and
continuance of agriculture. Economic Goals, page 92, paragraph 2.
Promote agricultural use of prime agricultural land. Open Space, Parks, and Recreational
Policies, page 84, paragraph 1.
The location, type, and density of any development or use shall not exceed the physical capacity
of the land and water to accommodate the use without adverse effects on water quality and
quantity. Environmental Quality and Natural Resource Policies, page 78, paragraph 1.
Public facilities and services such as sewer, water, roads, schools, and fire and police protection
must be provided and developed in a timely, orderly, and efficient manner to support the
transition of agricultural land to urban development. The expansion of public facilities and
services into predominantly rural agricultural areas, when the expansion conflicts with other
existing goals and policies, will be discouraged. In evaluating a land-use application, Weld
County representatives and the applicant will consider the public facilities and services goals and
policies. Agricultural Policy, paragraph 10, page 29.
New residential development should demonstrate compatibility with existing surrounding land-
use in terms of general use, building height, scale, density, traffic, dust, and noise. Residential
Policy, paragraph 5, page 41.
Promote efficient and cost-effective delivery of public facilities and services. Public Facility and
Service Goal 1, page 58.
Require adequate facilities and services to assure the health, safety, and general welfare of the
present and future residents of Weld County. Public Facility and Service Goal, paragraph 2,
page 58.
Any proposal for development or the creation of a zone district for the purpose of development
must not produce an undue burden on existing facilities and services. Public Facility and Service
Policy, paragraph 8, page 59.
Promote the development of affordable, quality housing for all Weld County residents.
Residential Goal, paragraph 1, page 40.
Promote efficient and cost-effective delivery of public facilities and services to residential
development or districts. Residential Goals, paragraph 3, page 40.
Exhibit"B"
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