HomeMy WebLinkAbout952233.tiffDATE: September 7, 1995
CASE NUMBER: Z-494
NAME: John T. & James T. Martin
ADDRESS: 147 South Denver Avenue, Fort Lupton, CO 80621
REQUEST: Change of Zone from A(Agricultural) to E(Estate)
LEGAL DESCRIPTION: SE4 NW4 and SW4 of Section 12, TIN, R66W of the 6th P.M.,
Weld County, CO
LOCATION: Approximately 1/2 mile south of Weld County Road 12 and approximately 1/2
mile west of Weld County Road 37
RESPONSES TO THE DEPARTMENT OF PLANNING SERVICES RECOMMENDATIONS
OF DENIAL OF REQUEST:
1. The submitted materials are in compliance with the requirements of Section 21.7 of the
Weld County Zoning Ordinance. See attached.
AGRICULTURAL GOALS AND POLICIES
Goal 1 requires institution of policies that encourage the preservation of the agricultural
uses in Weld County.
The rezoning of non prime agricultural land which is not suitable for economical
agricultural use is not contrary to this goal.
Goal 4 "encourages residential, commercial and industrial development to locate adjacent
to existing incorporated municipalities and in accordance with the municipalities adopted
comprehensive plan goals and policies"
The city of Fort Lupton has reviewed the request and found it acceptable and within their
goals and policies. It is located within their urban growth boundary.
Agricultural Policies 1 states that "The agricultural zone district is intended to preserve
Prime agricultural land."
The proposed rezoning is not considered prime, or important or potential Prime Farmland
by the U.S. Department of Agriculture National Resource Conservation Service, as
documented by Carolyn L. Rogers, Soil Conservation Technician.
Agricultural Policies 10 states that 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 submitted proposal and referral letters address all these areas and allow for the timely,
orderly, and efficient transition, including public access and a public water supply.
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URBAN GROWTH BOUNDARY GOALS 1 AND 2 AND POLICIES 1 AND 2
The property is located within the three (3) mile size of the urban growth boundary as
called for by the County Comprehensive Plan. The planning staff has stated "The Martin
Property is located approximately 2 1/2 miles from Fort Lupton." but then states "in fact,
the site is not located within Fort Lupton's comprehensive planning area." This needs to
be clarified. The rezoning is adjacent to three existing subdivisions.
Fort Lupton has no objection to the proposed rezoning and has agreed to provide services.
These criteria have been addressed in the rezoning request.
RESIDENTIAL GOALS AND POLICIES
A public water supply system that meet all County requirements will be constructed by the
applicant. It goes without saying that the system must and will meet State requirements
for drinking water standards. The City of Fort Lupton has reviewed the proposed
rezoning which is located in its urban growth boundary and has not found it to be
incompatible with its goals.
Public access to the site will be built by the applicant to Weld County Standards at no
expense to the County. This access is gained by extending existing Weld County Roads
10 and 35 adjacent to the property.
Residential Goal 2 is to insure that adequate public services and facilities are available to
serve the residential development or district.
The rezoning request addresses the development of the public services needed both
through construction of these facilities by the applicant and through the referral agencies.
The facilities will be built and paid for by the applicant.
Residential Policy 4 states "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."
The proposed rezoning is in the Fort Lupton urban growth boundary.
Residential Policy 5 states "New residential development should demonstrate
compatibility with existing surrounding land -use in terms of: general use, building height,
scale, density, traffic, dust, and noise."
The site is adjacent to an area of over one hundred twenty-five (125) homes on one to five
acres.
Residential Policy 6 states "The land -use applicant will demonstrate, to the satisfaction of
the Board of Commissioners, that the street or highway facilities providing access to the
property are adequate in width, classification, and structural capacity to meet the
requirements of the proposed district or development. Access between public roads and
the proposed residential development or district shall be granted only after consideration is
given to the land uses and traffic patterns in the area of development and the specific site.
Internal road circulation, off-street parking, acceleration and deceleration lanes, common
access collection points, signalization, and traffic improvements shall be required wherever
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necessary to mitigate traffic impacts caused by the development. Applications for
residential development shall also be reviewed in accordance to the transportation goals
and policies.
All roads will be built at Weld County Standards as per their request.
PUBLIC FACILITIES AND SERVICE GOALS AND POLICIES
Public Facility and Service Goal 1 is to promote efficient and cost-effective delivery of
public facilities and services.
Public Facility and Service Goal 2 requires that adequate facilities and services are
provided to assure the health, safety, and general welfare of the present and future
residents of Weld County.
These goals are specifically addressed and met in the proposed rezoning application.
Public Facility and Service Policy 4 states that the county will encourage the
development of a balanced and cost-effective transportation and circulation system by
promoting higher density cluster uses in and around existing municipalities and the I-25
mixed use development area and activity centers. This will help to ensure that maximum
efficiency and use are derived from investment in existing public facilities.
The proposed rezoning is low density Estate zoning and is compatible with this policy.
Public Facility and Service Policy 6 "Facilities and services proposed within a
municipality's urban growth boundary should be designed for compatibility with the future
municipal infrastructure planned for the area"
The integration of the proposed rezoning into a non existing plan is not an issue for the
foreseeable future. The infrastructure would be adapted into the plan at that time.
The proposed rezoning is adjacent to three existing rural subdivisions. These existing
subdivisions represent approximately over one hundred and twenty-five residences and
would indicate a need and desire for rural subdivisions by the residents of Weld County.
The area adjacent to the Speer Canal would be designated as open space and would be
available and maintained by the residents of the subdivision. This use of a resource by the
public is a proven and successful concept. Some examples of the successful use of this
type of asset are the Highline Canal in Denver and its suburbs and Interlachen in Boulder
County which uses this same Speer Canal for this use.
Access to the subdivision has been addressed by the County and the plan has been
adjusted to meet their suggestions.
The soil limitations of the site are similar to the surrounding subdivisions and simply
require the proper engineering for road construction as was practiced by Weld County in
the area.
The applicants feel that the concerns of the Planning Services staff have been adequately
addressed and feel the application should be approved.
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EXHIBIT
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