HomeMy WebLinkAbout971190.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution, with the addition of Condition of Approval #5, be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBER: Z-506
APPLICANT: Tom Francis 0
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ADDRESS: 7150 State Highway 392
Windsor, Colorado 80550
PLANNER: Shani L. Eastin
REQUEST: A Change of Zone from A (Agricultural) to E (Estate) for a five (5) lot Minor Subdivision -
Hillcrest Estates.
LEGAL DESCRIPTION: Lot B of RE -1936, E2 of the NE4 of Section 25, T6N, R67W and the NW4 of Section
30, T6N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 66; east of and adjacent to Weld County Road
23-1/2
ACRES: 33.3997
PARCEL NUMBER: 0805-30-000060
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. It is the opinion of the Planning Commission that the request is 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 subject property is listed as
prime farm ground if irrigated, however the applicant has indicated in the application
that the irrigation water is not deliverable to the 30 acres because in 1986 when the
property was split by recorded exemption 846 the irrigation lift pump and supply lines
were divided from the agricultural ground and kept with the improvements on a
separate lot.
2. A.Policy 7 states "Weld County recognizes the "right to farm". In order to validate this
recognition Weld County has established an example covenant which should be
incorporated on all pertinent land use plats." The applicant has stated that the right
to farm covenant will be included on the plat. The Department of Planning Services
will require the covenant to appear on the recorded plat.
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RESOLUTION, Z-506
Tom Francis
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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
are agricultural and rural residential in nature. The subject property lies within the three mile
referral boundary of the Town of Windsor and the City of Greeley. The Town of Windsor and
the City of Greeley have reviewed this request with their comments attached. 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
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 can be made available to the site to
serve the uses permitted within the proposed zone district. Public water to the site will be
provided by the North Weld County 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. Two access points are
proposed to the subject site from Weld County Road 66.
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.
G. 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.
H. 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.
This recommendation is based, in 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.
2. Prior to recording the plat: The applicant shall submit to the Weld County Health Department for
review and approval a septic system replacement area for each proposed lot. After approval by the
Health Department the plat shall be amended to designate the appropriate area on each lot for a
replacement septic system.
3. The plat shall be amended to show the following:
A. A 65 foot radius on the cul-de-sac as stated in memorandum from Don Carroll, Weld County
Public Works Department, dated March 27, 1997.
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RESOLUTION, Z-506
Tom Francis
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B. A typical cross-section identifying the 60 foot right-of-way, the width of the road with adequate
gravel depth, borrow pit ditches, and drainage culverts as stated in a memorandum from Don
Carroll, Weld County Public Works Department, dated March 27, 1997.
C. All utility easements shall include a 15 foot utility perimeter easement and a 10 foot utility
easement on both sides of each lot line.
D. The right to farm covenant as stated in the Weld County Comprehensive Plan, Page 7-1, shall
be placed on the plat.
E. The area labeled as outlot A (the property located northwest of Weld County Road 66) on the
Change of Zone plat map shall not be included in the Change of Zone Area.
F. The plat shall show all existing easements on the property.
4. 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:
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 Minor
Subdivision shall consists of 5 lots.
B. Water service shall be serviced by the North Weld County Water District and sewage disposal
shall be from individual septic systems.
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.
D. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance.
E. Outdoor storage shall be screened from public right-of-ways and adjacent properties.
F. The 20 foot wide gravel access road from the west end of the cul-de-sac to Weld County
Road 23.5 shall serve as an emergency access road only.
G. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan, page 7-1,
shall be recognized at all times.
5. The issues of the location and extent of the drainage easement in the manner of voting and
assessment for the Storm Lake Drainage District shall be addressed prior to submittal of the Final
Plan.
Motion seconded by Glenn Vaad.
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VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Jack Epple
Arlan Marrs
Marie Koolstra
Shirley Camenisch
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, Tammie Pope, 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 May 6, 1997.
Dated the 6th of May, 1997.
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Tammie Pope
Secretary
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