HomeMy WebLinkAbout972482.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Merle D. & Karla L. Grieser Case Number:Z-508
Submitted or Prepared
Prior
to Hearing At Hearing
1. DPS Staff Recommendation X
2. Letter from Janell and Harold Walker, dated Sept. 26, 1997 X
3. Letter from Herman and Connie Peterson,dated Sept. 20, 1997 X
4. Leter from David and Frank Boulter and IIla Leavy
dated Sept. 15, 1997 X _
5. Legal Notification X --,
6. Application X _
7. Referral List X
8. Referral, Weld School District RE-1,dated Aug. 12, 1997 X
9. Referral, Town of LaSalle,dated Aug.26, 1997 X
10. Referral, Weld County Public Works,dated Aug. 28, 1997 X
11. Referral, Soil Conservation District, dated Aug. 29, 1997 X
12. Referral, Division of Wildlife, dated Sept. 15, 1997 X
13. Referral, Weld County Health Dept., dated Aug. 13, 1997 X
14. Planning Technician Maps X
15. Deed X
16. Surrounding Property Owners X
17. Utility Letter, Central Weld County Water District X
18. Soil Survey X
19. Letter from Rodnick Ulrich, dated Oct. 3, 1997 X
20. Letter from Kevin and Cynthia Walker, dated Sept. 30, 1997 X
21. Letter from Carl Jepsen, dated Oct. 3, 1997 X
22. Letter from Cohn and Bonie Kelley, dated Oct.6, 1997 X
23. Letter from Louise kelley,dated Oct.6, 1997 X
24. Letter from Don and Becky Baker, dated Oct. 6, 1997 X
25. Surrounding Property Owner Map X EXHIBIT
26. Color Air Photo X A
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27. Letter from John Earhart, dated Oct. 7, 1997 X
I hereby certify that the 27 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office on October 13 1997.
Shahi,L. Eastin, C rnt Planner
STATE OF COLORADO )
COUNTY OF WELD
SUBSCRIBED AND SWORN TO BEFORE ME THIS Hekday ofOa0-5 7.tiL) 19gy .
SEAL
NS l/0
NOTO RY PUBLIC
My Commission Expires /- 2'' a/
972482
OII`P� Change of Zone
Administrative Recommendation
COLORADO
PLANNER: Shani L. Eastin HEARING DATE: October 7, 1997
CASE NUMBER: Z-508
NAME: Merle D. & Karla L. Grieser
20390 WCR 44
LaSalle, CO 80645
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 / mile west of
Weld County Road 43
ACRES: 40 PARCEL #: 1055-21-000049
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
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.
I EXHIBIT
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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.
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:
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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.
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 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.
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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.
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