HomeMy WebLinkAbout972660.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County
Planning Commission. Be is resolved by the Weld County Planning Commission that the application
for:
CASE NUMBER: Z-507
APPLICANT: Tri-City Ventures
ADDRESS: 6538 East US Highway 34
PLANNER: Shani L. Eastin
REQUEST: A Change of Zone from A (Agricultural) to E (Estate) on approximately 2.5 acres to
be included and absorbed into Lot 6, of Meadow Brook Farm.
LEGAL DESCRIPTION: Part of Lot B or RE -1610, located in the NW4 of Section 8, T5N,
R67W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 60; Approximately % mile east of WCR 15
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 21.4
of the Weld County Zoning Ordinance, as amended.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning
Ordinance, as amended, as follows:
A. Section 21.5.1.1 - That the proposal is consistent with the Weld County
Comprehensive Plan.
1. A.Goal 1 states "Preserve prime farmland for agricultural purposes which
fosters economic health and continuance of agriculture." The 2.5 acre
subject property is listed as irrigated land, not prime, by the USDS Soil
Conservation map. The addition of this land into existing Lot 6 in Meadow
Brook Farm, an Estate Zoned subdivision, will not disturb farming practices.
The subject property lies in a ravine and low drainage area. The additional
2.5 acres when added to Lot 6 would allow for more open space within the
Lot, while removing land difficult to farm from the adjacent property.
972660
EXHIBIT
RESOLUTION, Z-507
Tri-City Ventures
Page 2
2. A.Policy 7 states "Weld County recognizes the "right to farm". In order to
validate this recognition Weld County has established a covenant which
should be incorporated on all pertinent land use plats. The right -to -farm
covenant will be attached to the request thus informing any new residence to
the area the surrounding community is agriculture in nature. The Department
of Planning Services will require the covenant to appear on the recorded plat.
B. Section 21.5.1.2 - The uses which would be allowed on the subject property by
granting the change of zone will be compatible with the surrounding land uses. The
surrounding land uses included agricultural production to the south and west, pasture
land and the remainder of Meadow Brook farm to the north and Windsong Ranch
subdivision the east. The Department of Planning Services believes that the
granting of this change of zone will have a minimal impact on the surrounding land
uses.
C. Section 21.5.1.3 - Adequate water and sewer service is available to the site to serve
the uses permitted within the proposed zone district. Public water to the site is
provided by the Little Thompson Valley Water District. Septic systems are proposed
for sewage disposal.
D. Section 21.5.1.4 - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone district. Access is
existing onto Weld County Road 60. No changes to access will occur with this
request, as no additional lots are being created.
E. Section 21.5.1.5 - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with
the applicable standards:
Section 21.5.1.5.1 - The proposed change of zone does not lie within any overlay
district identified by the maps officially adopted by Weld County.
Section 21.5.1.5.2 - The proposed rezoning does not contain the use of any area
known to contain a commercial mineral deposit in a manner which would interfere
with the present or future extraction of such deposit by an extraction to any greater
extent than under the present zoning of the property.
Section 21.5.1.5.3 - Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures or facilities proposed
for the site.
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RESOLUTION, Z-507
Tri-City Ventures
Page 3
This recommendation is based, on part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The Change of Zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners. (Planning)
2. The plat shall be amended to show the following:
a. In accordance with Section 21.17.2.3.5 of the Weld County Zoning Ordinance, the
plat shall show all existing easements, right-of-ways and other similar interest within
50 feet of the subject property. (Public Works)
3. The Change of Zone is conditional upon the following and that each be placed on the
Change of Zone plat as notes prior to recording:
a. The Change of Zone allows for Estate uses and shall comply with the Estate Zone
District requirements as set forth in Section 36 of the Weld County Zoning Ordinance.
The subject property shall be included and absorbed into Lot 6 of Meadow Brook
Farm. The granting of the Change of Zone does not create an additional lot within
the minor subdivision. (Planning)
b. Water service shall be serviced by the Little Thompson Water District and sewage
disposal shall be from individual septic systems. (Planning)
c. The site shall maintain compliance at all times with the requirements of the Weld
County Public Works Department, Weld County Health Department, Windsor -
Severance Fire Protection District and the Weld County Planning Department.
(Planning)
d. Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Planning)
e. Outdoor storage shall be screened from public right-of-ways and adjacent
properties.(Planning)
f. The Right To Farm Convenant as stated in the Weld County Comprehensive Plan,
page 7-1, shall be recognized at all times. (Planning)
4. An Amended Recorded Exemption shall be submitted, reviewed and approved by the
Department of Planning Services. (Planning)
5. A Resubdivision shall be submitted, reviewed and approved by the Board of County
Commissioners. (Planning)
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RESOLUTION, Z-507
Tri-City Ventures
Page 4
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Arlan Marrs
Christie Nicklas
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Stephan Mokray
Glenn Vaad
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with
the file of this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission, do hereby certify
that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission
of Weld County, Colorado, adopted on October 7, 1997.
Dated the 7th of October, 1997.
Wendi Inloes
Secretary
972660
MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING
October 7, 1997
Page 4
The Chairman asked Mr. Pickett if they were in agreement with staff recommendations and Conditions of
Approval. He stated that they were.
Jack Epple moved that Case S-431, Western Dairymen Cooperative, Inc., be approved, Bruce Fitzgerald
seconded the motion.
The Chairman asked the Secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs - excused; Christie Nicklas - yes; Marie Koolstra - excused; Jack Epple - yes; Bruce Fitzgerald - yes;
Stephan Mokray - yes; Glenn Vaad - yes. Motion carried unanimously.
CASE NUMBER: Z-507
PLANNER: Shani L. Eastin
APPLICANT: Tri-City Ventures
REQUEST: Change of Zone from (A) Agricultural to (E) Estate - Meadow Brook Farm.
LEGAL DESCRIPTION: Part of the NW4 of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 60; approximately 1/4 mile east of Weld County
Road 15.
Shani Eastin, Department of Planning Services, explained the request for a Change of Zone from (A)
Agricultural to (E) Estate for approximately two and a half acres to be absorbed into existing Lot 6 of Meadow
Brook Farms which currently has six lots. She explained that the process includes three applications, an
Amended Recorded Exemption, Resubdivision, and the Change of Zone. The change will not create a new
lot, but extend the acreage of Lot 6 to allow more space. The Department of Planning Services is
recommending approval for the two and a half acre Change of Zone.
Glenn Vaad asked Shani about the lay of the land, which Shani explained on an overhead map. He also asked
about the City of Greeley referral letter and how close they are to the project. Shani explained how the
Change of Zone was in a three-mile radius of the City of Greeley.
The Chairman asked if there was anyone in the audience who wished to speak for or against the application.
No one wished to speak.
The Chairman asked Kris Pickett, representative for the applicant, if they were in agreement with the
Conditions of Approval and staff recommendations. Kris stated that they were in agreement.
Arlan Marrs moved that Case Z-507, Tri City Ventures, be approved, Christie Nicklas seconded the motion.
The Chairman asked the Secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs - yes; Christie Nicklas - yes; Marie Koolstra - yes; Jack Epple - yes; Bruce Fitzgerald - yes; Stephan
Mokray - yes; Glenn Vaad - yes. Motion carried unanimously.
CASE NUMBER: Z-508
PLANNER: Shani L. Eastin
APPLICANT: Merle D. & Karla L. Grieser
REQUEST: A Change of Zone from A (Agricultural) to E (Estate) for a five (5) lot Minor Subdivision.
LEGAL DESCRIPTION: Lot B of RE -789, located in the E2 of the E2 of the NW4 of Section 21. T4N, R65W
of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 44; approximately'/3 mile west of Weld County
Road 43.
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EXHIBIT
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