HomeMy WebLinkAbout980836.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION OF THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution,with the changes in Condition of Approval 2A, number 4,
and the addition of the lots be entered into the covenants, 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: S-441
APPLICANT: Ivan &Joanne Gilbaugh
ADDRESS: 20085 WCR 74, Eaton, CO 80615
PLANNER: Shani L. Eastin
REQUEST: 3rd replat of Gilbaughs Appaloosa Acres, being a replat of Lot 15 as shown on the 2nd replat
of Gilbaughs Appaloosa Acres a PUD into two additional lots.
LEGAL DESCRIPTION: Lot 15, 2nd replat of Gilbaughs Appaloosa Acres, located in the W2 of the
SW4 of section 33, T7N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 41; North of and adjacent to WCR 74
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 28.9 of the
Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.13 of the Weld County Subdivision Ordinance including
specifically:
A. Section 28.13.1.1 - That the proposal is consistent with the Weld County Comprehensive
Plan.A.Goal 1 states to preserve prime farmland for agricultural purposes which fosters the
economic health and continuance of agriculture. The proposed replat proposes to create two
additional residential lots. The creation of these lots does not interfere with any agricultural
activities on the property.
B. Section 28.13.1.2-That the Planned Unit Development Plan conforms to the PUD District in
which is it proposed to be located. The PUD was originally approved by the Board of County
Commissioners in 1972 and replated in 1974. The PUD District allows for agricultural uses
as permitted in the A (Agricultural)Zone District except the following: commercial raising of
cattle or fowl,cemeteries,fairgrounds,grange halls and gravel pits. This request is consistent
with the intent of the original PUD and allows for the continuation of the existing residential lots
to the north with the addition of two residential lots.
C. Section 28.13.1.3 - That the uses, buildings, and structures which would be permitted shall
be compatible with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by the comprehensive
plan or master plans of affected municipalities. The proposed replat is consistent with the
historically development of the property and the PUD District. The Town of Eaton reviewed
this request and offered no comments.
4 EXHIBIT
980836 s
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RESOLUTION, S-441
Ivan and Joanne Gilbaugh
Page 2
D. Section 28.13.1.4 - That there has been conformance with the Performance Standards as
outlined in Section 35.3. The Performance Standards address issues such as compatibility,
water and sewer provisions, circulation, buffering and screening. The proposed replat is
compatible with the existing PUD District which allows for residential uses. Public water to the
site will be serviced by North Weld County Water District. Individual septic systems will
provided sewage disposal on each lot.
E. Section 28.13.1.5-That the use will be compliance with the Weld County Zoning Ordinance,
Section 50 Overlay Districts if the proposal is located within any Overlay District area identified
by maps officially adopted by Weld County. The proposed addition of two residential lots is
in compliance with the Weld County Zoning Ordinance. The proposed development does not
lie in an Overlay District as defined in Section 50 of the Weld County Zoning Ordinance.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding this request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The following notes shall be placed on the plat:
A. The uses permitted within the PUD Final Plan include 18 residential lots and one
residential/agricultural lot. (Planning)
B. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance. (Planning)
C. North Weld County Water District shall provide domestic water service to all residential uses
within the PUD Zone District. (Planning)
D. Sewage disposal shall be provided by an Individual Sewage Disposal System (I.S.D.S.). The
systems shall comply with all rules and regulations of the Weld County Health Department.
(Planning)
E. Installation of all utilities shall comply with Section 10 (Design Standards) of the Weld County
Subdivision Ordinance. (Planning)
2. Prior to recording the plat:
A. The plat shall be amended to show the following:
1. A 10 foot utility easement between each lot shall be shown on the plat. (Public Works)
2. Lot 15-A shall be amended to show a 15 foot utility easement abutting Appy Road
and Weld County Road 41. (Pubic Works)
3. Lot 15-B shall be amended to show a 15 foot utility easement along the north property
line. (Public Works)
4. The access road shall be changed to reflect a 25' minimum width as required in
Section 10.5.10 of the Weld County Subdivision Ordinance. (Public Works)
RESOLUTION, S-441
Ivan and Joanne Gilbaugh
Page 3
B. The applicant shall meet with the Department of Public Works concerning the design of the
turn around area of the access road. The applicant should consider designing an eyebrow
or a cul-de-sac to accommodate easier turning movements. (Public Works)
Motion seconded by Christie Nicklas
VOTE:
For Passage Against Passage
Glenn Vaad
Arlan Marrs
Christie Nicklas
Stephan Mokray
Rusty Tucker
The Chairman declared the resolution passed and ordered theat 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 theat the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 3, 1998.
Dated the 3rd of Ma h, 1998
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Wendi Inloes
Secretary
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