HomeMy WebLinkAbout981242.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) FOR A
FIVE-LOT MINOR SUBDIVISION - LARRY G. INTERMILL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 15th day of July, 1998, at 10:00 a.m. for
the purpose of hearing the application of Larry G. Intermill, 1301 North Cleveland Avenue,
Loveland, Colorado 80537, requesting Change of Zone #511 from A (Agricultural) to E (Estate)
for a five-lot Minor Subdivision on a parcel of land located on the following described real
estate, to-wit:
Lot A of RE #2130, situated in part of the SW'/ of
Section 20, Township 6 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Steve Stencil, Intermill Land Surveying,
and
WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards
for review of such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 21.7 et seq., of the Weld County Zoning Ordinance.
2. The request is in conformance with Section 21.6 of the Weld County Zoning
Ordinance as follows:
A. Section 21.6.2.1 - That the proposal is consistent with the Weld County
Comprehensive Plan.
1. A.Goal 1 -- "Preserve prime farmland for agricultural purposes
which fosters economic health and continuance of agriculture."
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2. A.Policy 7 -- "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 21.6.2.2 - 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
agricultural 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 21.6.2.3 -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 (I.S.D.S.)
installed per the Weld County Health Department requirements and
specifications. Irrigation is available and an irrigation plan will be
provided.
D. Section 21.6.2.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
Zone District. The Weld County Public Works Department reviewed this
request and found no conflict with the proposed accesses.
E. Section 21.6.2.5 - In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1. Section 21.6.2.5.1 - The proposed Change of Zone does not lie
within any overlay district identified by the maps officially adopted
by Weld County.
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2. Section 21.6.2.5.2 - 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 21.6.2.5.3 - 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Larry G. Intermill for a Change of Zone from
A (Agricultural) to E (Estate) for a five-lot Minor Subdivision on the above referenced parcel of
land be, and hereby is, granted subject to the following conditions:
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 Covenant.
3. Prior to recording the plat the applicant shall demonstrate evidence of all
easements which are shown on the plat.
4. The following shall 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. The
irrigation system will be managed by a Homeowners' Association, the
form of which will be established prior to recording the Final Plan.
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
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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-way and adjacent
properties
F. The Right To Farm Covenant as stated in the Weld County
Comprehensive Plan 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: limpf /4 ' 't. EXCUSED DATE OF SIGNING (AYE)
4% Constance L. Harbert, Chair
Weld County Clerk tot , B•-r.�,vr
itti . �1 ��
• / / �i 1zal A 1� W. /mobster, Pro-Tem
Deputy Clerk to th��� ah : ��` ,gyp
�� I N 1�e eorge E. Baxter i
APP ED RM:
Dale K. Hall
ounty Attorn EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
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