HomeMy WebLinkAbout972393.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) FOR A
FIVE (5) LOT MINOR SUBDIVISION - MERLE AND KARLA GRIESER
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 12th day of November, 1997, at 10:00
a.m. for the purpose of hearing the application of Merle and Karla Grieser, 20390 Weld County
Road 44, LaSalle, Colorado 80645, for a Change of Zone from A (Agricultural) to E (Estate) for
a five (5) lot Minor Subdivision on a parcel of land located on the following described real
estate, to -wit:
Lot B of Recorded Exemption #789, located in the East 'A of the
East'/ of the North West %< of Section 21, Township 4 North,
Range 65 West of the 6th P.M., Weld County, Colorado
WHEREAS, Section 21.6.2 of the Weld County Zoning 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 recommendation of
the Weld County Planning Commission and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in Section 21.7 et
seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance
as follows:
A. Section 21.6.2.1 - 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 proposed
development is not located on prime farmland as defined by the USDA -
Soil Conservation Service. The subject property is defined as "Other
Land", as shown on the USDA -Soil conservation service map. Land
designated as "Other Land" is land which is not considered farmland of
national importance nor of state importance.
2. A.Policy 7 states "Weld County recognizes the "right to farm". In order to
validate this recognition, Weld County has established a Right to Farm
covenant which should be incorporated on all pertinent land use plats.
The Department of Planning Services will require the covenant to appear
on the recorded plat. This covenant is intended to alert potential
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residents that conflicts may exist between agricultural and residential
uses and that historic agricultural uses should not be expected to
surrender to the impact of development.
3. A.Goal 3 states "Discourage residential, commercial and industrial
development which is not located adjacent to existing incorporated
municipalities". The intensity of the proposed development is not
considered by the Department of Planning Services to be urban scale in
nature. While a residential component is proposed, the effect of five
residential lots on the surrounding properties and public infrastructure will
be minimal as externalities of the development are being addressed. The
proposed zone change from A(Agricultural) to E(Estate) is consistent with
the surrounding small rural residential acreage in the general vicinity.
The subject property is not located in an Urban Growth Boundary Area,
however, it is located within three miles of the Town of LaSalle.
B. Section 21.6.2.2 of the Weld County Zoning Ordinance states: 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 small rural residential lots . The subject property lies within the
three mile referral boundary of the Town of La Salle. The Town reviewed this
application and have no comment. The right -to -farm covenant will be attached
to the request thus informing any new residence to the area that 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 21.6.2.3 of the Weld County Zoning Ordinance states: 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
Central Weld County Water District. Septic systems are proposed for sewage
disposal.
D. Section 21.6.2.4 of the Weld County Zoning Ordinance states: Street or highway
facilities providing access to the property are adequate in size to meet the
requirements of the proposed zone district. One access point for all the lots is
proposed onto Weld County Road 44 which is a paved collector road.
E. Section 21.6.2.5 of the Weld County Zoning Ordinance states: In those
instances where the following characteristics are applicable to the rezoning
request, the applicant has demonstrated compliance with the applicable
standards:
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Section 21.6.2.5.1 - The proposed change of zone does not lie within any overlay
district identified by the maps officially adopted by Weld County.
Section 21.6.2.5.2 - 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 21.6.2.5.3 - 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Merle and Karla Grieser for a Change of Zone
from A (Agricultural) to E (Estate) on the above referenced parcel of land be, and hereby is,
granted subject to the following conditions:
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 for review and approval to the Weld
County Public Works Department a on -site off -site drainage plan.
3. The plat shall be amended to show the following:
a. Utility easements shall be shown on the plat map to include a 15 -foot utility
perimeter easement and a 10 -foot utility easement on both sides of each lot line.
b. The Right -To -Farm covenant as stated in the Weld County Comprehensive Plan,
Page 7-1, shall be placed on the plat.
c. The plat shall show all existing easements on the property.
d. The typical cross-section of the internal road system which identifies the width
and depth of gravel, drainage ditches and rights -of -way shall be shown on the
plat.
4. The following shall 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 Minor Subdivision shall consist of 5 lots.
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b. Water service shall be serviced by the Central 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, Division of
Wildlife, LaSalle 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 rights -of -way and adjacent
properties.
f. The Right -to -Farm covenant as stated in the Weld County Comprehensive Plan,
Page 7-1, shall be recognized at all times.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of November, A.D., 1997.
Dale K. Hall
BOARD OF COUNTY COMMISSIONERS
WELD QOUNTY, COLORADO
Baxter, Chair
tance L. Harbert, Pro
EXCUSED
Barbara J. Kirkmeyer
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W. H. Webster
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