HomeMy WebLinkAbout982521.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray 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-517 ( ) .5:
APPLICANT: Les Gelvin O p r
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ADDRESS: 2401 Cochetopa Court, Ft. Collins, Colorado 80525 co co 7D �° O
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PLANNER: Ben Patton _4
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REQUEST: A Change of Zone from A(Agricultural) to E (Estate)for a 4-lot Minor Subdivision -
LEGAL DESCRIPTION: Lot A of RE-1723, situated in part of the NE4 of Section 7, T7N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 15; approximately 1/4 mile south of Weld County
Road 84.
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.
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 North 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.
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RESOLUTION, Z-517
Les Gelvin
Page 2
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.
3. 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:
A. 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.
B. 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.
C. Section 21.5.1.3-Soil conditions on the site are not such that they present 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:
a. The plat shall be amended to delineate the following:
1. In accordance with Section 10.6.1 of the Subdivision Ordinance, side and rear yard
utility and drainage easements shall be a minimum of twenty (20) feet.
2. As described in Section 4.5.21.20.1.of the Subdivision Ordinance,the applicant shall
demonstrate evidence of all easements which are shown on the plat.
3. In accordance with Section 10.2.1.13 of the Subdivision Ordinance, the cul-de-sac
shall have a minimum radius right-of-way of sixty-five(65)feet; the minimum curb-to-
curb radius is fifty (50) feet.
4. The cul-de-sac and open space shall be delineated as a separate lot to be
owned and maintained by the homeowner's association and shall not be included
within each individual lot.
5. The method which will allow vehicular and pedestrian traffic to cross the existing
irrigation ditch.
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:
RESOLUTION, Z-517
Les Gelvin
Page 3
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 four(4) 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, The Weld County Building
Inspection Department, and The Weld County Department of Planning Services
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
5. The applicant shall attempt to address the concerns of the Poudre Fire Authority, as addressed in a
letter dated September 28, 1998.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Marie Koolstra
Arlan Marrs
Cristie Nicklas
Stephan Mokray
Michael Miller
The Chair 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 November 3, 1998.
Dated Nov mb r, 1998.
Woita
Wendi Inloes
Secretary
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