HomeMy WebLinkAbout981763.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution 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-511 '
PLANNER: Ben Patton
APPLICANT: Larry G. Intermill 7
ADDRESS: 1301 N. Cleveland Avenue, Loveland, CO 80537
rya
REQUEST: A Change of Zone from A(Agricultural)to E(Estate)for a 5-lot Minor Subdivision
LEGAL DESCRIPTION: Lot A of RE-2130, situated in part of the SW4 of Section 20, T6N, R64W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 66; approximately 1/4 mile east of Weld County
Road 51.
ACRES: 34.99, more or less
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. 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 stated "Preserve prime farmland for agricultural purposes which fosters
economic health and continuance of agriculture."
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 proposed site does
not lie within an urban growth area, nor is the applicant proposing an urban scale
development. The right-to-farm covenant will be attached to the request thus informing any
new residents 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.
[2 EXHIBIT
981763
RESOLUTION, Z-511
Page 2
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. Domestic water and water for fire
protection shall be provided by Northern Weld County Water District. Each lot for the
proposed minor subdivision shall have an Individual Sewage Disposal System (ISDS)
installed per the Weld County Health Department requirements and specifications.
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 districts. The Weld County Public
Works Department reviewed this request and found no conflict with the proposed accesses.
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:
1. 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.
2. 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.
3. Section 21.5.1.3-Soil conditions on the site are not such that they present moderate
or severe limitations to the construction of structures of 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. The Plat shall be amended to include the most recent version of the Right to Farm Covenants.
3. Prior to recording the plat the applicant shall demonstrate evidence of all easements which are shown
on the plat.
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 consist of five (5) lots.
B. Water service shall be provided 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, and The Weld County
Department of Planning Services
9 .176
RESOLUTION, Z-511
Page 3
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 ways, 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
G. The sixty foot(60') access easement to the existing single-family home north of the site shall
be covered by a graded and paved all-weather surface.
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nickles
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
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 Commissioner for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 June 16, 1998.
16thDated
�the
�� J of e,
1998.
At �1 il1CJ r✓�
Wendi Inloes
Secretary
¶91.'763
Hello