HomeMy WebLinkAbout972481.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Marie Koolstra 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-508
APPLICANT: Merle D. & Karla L. Grieser
ADDRESS: 20390 WCR 44, LaSalle, CO 80645
PLANNER: Shani L. Eastin
C.
REQUEST: A Change of Zone from A (Agricultural) to E (Estate) for a five (5) lot Minor
Subdivision
LEGAL DESCRIPTION:
Lot B of RE -789, located in the E2 of the E2 of the NW4 of Section
21, T4N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 44; Approximately 1/2 mile west of Weld
County Road 43
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 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 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.(I EXHIBIT
972481
RESOLUTION, Z-508
Merle and Karla Grieser
Page 2
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 21.5.1.2 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 21.5.1.3 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 21.5.1.4 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 21.5.1.5 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:
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.
972481
RESOLUTION, Z-508
Merle and Karla Grieser
Page 3
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.
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 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 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 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 right-of-ways and adjacent properties.
f. The Right To Farm Convenant as stated in the Weld County Comprehensive Plan,
page 7-1, shall be recognized at all times.
972481
RESOLUTION, Z-508
Merle and Karla Grieser
Page 4
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Arlan Marrs
Christie Nicklas
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Glenn Vaad
Stephan Mokray
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, 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 October 7, 1997.
Dated the 7th of OctoI er, 1997.
IA.)1A-PG�
Wendi Inloes
Secretary
972481
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