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WiiDc
COLORADO
Change of Zone
Administrative Recommendation
PLANNER: Shani L. Eastin HEARING DATE: May 6, 1997
CASE NUMBER: Z-506
NAME: Tom Francis
7150 State Highway 392
Windsor, CO 80550
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'/z
ACRES: 33.3997 PARCEL #: 0805-30-000060
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED 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 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.
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EXHIBIT
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Z-506, Tom Francis - Hillcrest Estates, P.2
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.
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.
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.
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.
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Z-506, Tom Francis - Hillcrest Estates, P.3
The Change of Zone from A (Agricultural) to E (Estate) 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.
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 convenant 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:
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 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.
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Z-506, Tom Francis - Hillcrest Estates, P.4
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 Convenant as stated in the Weld County Comprehensive Plan,
page 7-1, shall be recognized at all times.
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