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Home My WebLink About960135.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING SUBSTANTIAL CHANGE HEARING #15 OF RECORDED EXEMPTION #1440 - BRICHER 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, the Board of County Commissioners held a public hearing on the 5th day of February, 1996, at the hour of 9:00 a.m. in the Chambers of the Board, on behalf of Wendy Bricher, 4980 West 7th Street, Greeley, Colorado 80634, for the purpose of considering whether or not there has been a substantial change in the facts and circumstances regarding the application of Boyd M. and Allison J. Meyer for Recorded Exemption #1440 which was denied by the Board of County Commissioners by Resolution dated September 2, 1992, and WHEREAS, said action was taken concerning property described as: Part of the N%:, Section 24, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, Wendy Bricher, said applicant, was present, and WHEREAS, said hearing was conducted pursuant to the Board's policy concerning applications for land use for property previously denied, as set forth in the Weld County Administrative Manual, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and, having been fully informed, finds that said request to apply for a new recorded exemption shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant has demonstrated that a substantial change in facts and circumstances has occurred. a. The subject area has experienced a change from agricultural uses to large lot residential uses because of the adjacent Estate Zoning. b. The subject area lies in the long range comprehensive planning area of the Town of Windsor and the City of Greeley. Each municipality has designated this area as residential development. c. A specific intent has now been established for the subject property, which is no longer being split off for re-sale. 960135 �� PL j wr(CJ7Br RE1440 SCH #15 - BRICHER (RE#1440 - MEYER) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been a substantial change in the facts and circumstances regarding the application of Boyd M. and Allison J. Meyer for Recorded Exemption #1440. BE IT FURTHER RESOLVED by the Board that the request of Wendy Bricher to apply for a new recorded exemption be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS .� • W D COUNTY, COLORA r -e-' Barbara J. Kirkmeyer, C air I < I rk to the Board . e E > Baxter, P -T m BY: Deputy Clerk tote Board Dale K. Hall APP D AS TO FO • � -2?.�1�7-€E__-' c , /1 ,v Constance L.JHarbert o y At L'L E 41� /( ilam?l „, ,(1 W. H. Webster 960135 RE1440 VIiDc COLORADO DATE: January 31, 1996 CASE NUMBER: SCH-15 NAME: Wendy Bricher REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Located in N2 of Section 24, T6N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 392 and approximately 1/2 mile west of Weld County 25. The General Administration policy regarding applications for land-use applications for property previously denied provides that the Board of County Commissioners may grant a petition for rehearing when it determines that the applicant has demonstrated that substantial change in the facts or circumstances has occurred subsequent to the Board's decision or that there was newly discovered evidence not available to the applicant at the time the Board considered the application. On September 1, 1992, the Board of County Commissioners considered an amended Recorded Exemption application and a new Recorded Exemption application on this property. The amendment to the Recorded Exemption was approved (Am RE-942). The amendment reduced Lot B to the property located south of the Greeley No2 Canal. At this same meeting the Board of County Commissioners denied a request for a Recorded Exemption on the property located north of the Greeley No2 Canal (RE-1440). RE-1440 was a request to divide the property into two parcels of 40 acres and 10 acres, more or less. On October 5, 1992, a substantial change hearing (SCH-8) was denied by the Board of County Commissioners. The applicant is now requesting that the Board of County Commissioners grant the request for a substantial change hearing to allow the applicant to apply for a new recorded exemption on the property. The General Administration policy on applications for land-use for property previously denied provides that a "substantial change in facts and circumstances" shall mean a substantial change in the land-use application, in the surrounding land-uses or in applicable provisions of the law. SCH-15, Bricher Page 2 It is the opinion of the Department of Planning Services' staff that the applicant has demonstrated substantial changes in the facts and circumstances surrounding this land use request. This area has experienced a change from agricultural uses to large lot residential uses. This area lies in the long range comprehensive planning area of the Town of Windsor and the City of Greeley. Each of these municipalities have designated this area as residential development. The Department of Planning Services' staff recommends that the Board of County Commissioners approve this request. 960135 c)dP6PP,T,p y� , ,uYL Cl��i �r''vf, DEC 1,5 1995,,7 EgEivE 4980 West 7th Street Greeley, CO 80634 December 14, 1995 Todd Hodges, Current Planner Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Mr. Hodges, The following is a petition requesting permission to file another application for a recorded exemption previously denied. This petition will show that there has been substantial changes in land-use application and land-use in surrounding areas since the original application was denied in 1992 . I will be addressing each issue that was raised upon denial of RE 1440 and demonstrate how this request is now consistent with the Weld County Comprehensive Plan, the Weld County Subdivision Ordinance and the Weld County Zoning Ordinance. As I contrast each issue, I will also include our future plans for the property. The legal description and location of the property is : N1/2 of Section 24, Township 6 North, Range 67 west of the 6th P.M. , Weld County, Colorado. The proposed exemption would be to divide the 50 acre parcel into two lots of approximately 7 acres and 43 acres . The original application was denied for the following reasons : "1. It is the opinion of the Board of County Commissioners that this proposal evades the purpose of the Weld County Subdivision Regulations as defined in Section 1-3 . 2 . The Board feels that this proposal and the existing land splits in this area do not represent efficient and orderly development . 3 . The Board feels that this proposal is not consistent with the goals and policies of the Weld County Comprehensive Plan. " In the following paragraphs, I will dispute each of these reasons . I feel that the proposed split is now compatible with Section 1-3 of the Weld County Zoning Ordinance and does represent orderly and efficient development for the following reasons. In 1992, the surrounding area was farm ground, with the exception of the original homesite that was split off in 1986 . Now, there are two 7 acre parcels to the west of the proposed 7 acre piece . The adjacent parcel now has a house that was not yet built in 1992 . Most importantly, there is a new subdivision called Willow Springs adjacent to the property that is now part of an Estate District . The two parcels to the west are used for grazing and equine production and the subdivision also caters to equine activities . 960135 The proposed 43 acre piece currently has a homesite that was not yet present in 1992 . This parcel is used for grazing buffalo and is surrounded by a 7 foot, high-voltage electric fence. My brother is not able to use the seven acre piece because of an easement that exists between the 43 and 7 acre sites (refer to aerial photographs) . if my husband and I were able to split off the 7 acres we would leave it in grass and possibly graze a few animals . It would not be overgrazed because production of grass hay would be our primary goal . I feel that this proposed use fits the scheme of the surrounding areas more than the commercial store now planned for the site. In addition, according to the Weld County Zoning Ordinance, an "Estate District is intended to be located, designed and developed in a manner that is compatible with the Weld County Comprehensive Plan. " Because the property is adjacent to this district, I feel this split is now representative of efficient and orderly development . By leaving the property in grass, we will be preserving the land and promoting its most productive agrarian use. We are ensuring that irrigation water currently associated with the unit of land will be retained for its agricultural uses. We merely wish to build a residence on the property. Upon building a residence, we will promote the natural beauty of the county and reduce erosion by planting trees and controlling weeds and other pests. All of these reasons are consistent with the Weld County Subdivision Regulations as defined in Section 1-3 . I also feel that this proposal is now consistent with the goals and policies of the Weld County Comprehensive plan for the following reasons : A.Goal 1 - Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. We will do this . The land will be left in grass except for a small homesite area. A.Policy 2 - Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of prime agricultural land from production. Agricultural business and industries are defined as those which are related to ranching, livestock production, farming and agricultural uses. We plan to raise a few horses and possibly other livestock in addition to a hay crop. This will make the land more productive than it is now. A.Goal .4 - Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County. A.Policy 4 .1 .2 - Agricultural productiveness of the site. We do not plan to take the site out of production. With the hay crop and livestock production, this site will be more productive than it is now. A.Policy.l .3 - Availability of existing infrastructure and utilities . All utilities, including a North Weld Water Tap already in place, are available on the Northern Boundary of the 7 acre parcel . The proposed 7 acre site is a natural split . It is separated from my brother's farm by an easement and electric fence on the east side, and on the south side by an irrigation ditch and another homesite. Highway 392 borders the North side and it is fenced on the west side, which is the property line. A.Policy 4 .1 .4 . - The level of development associated with the site. The development will be very minimal, probably less then 1/4 960135 acre for the homesite. A.Policy 4 .1 .6 - Feasibility for continued farm production on the site . Because of its natural separation from the rest of my brother' s farm, he is planning on using the site for a store unless we are able to receive a recorded exemption that would allow us to legally build a house instead. A homesite would not only be more productive for agricultural purposes, but it would also reduce traffic on Highway 392 and the easement . A.Policy 4 . 1 . 8 . - Utilize techniques such as easements, clusters, building envelopes and setbacks to minimize the impacts on surrounding agricultural land when conversion to another use occurs. An easement already exists on the 7 acre piece and another entry already exists on the 43 acre piece. Thus, no additional entries will be needed. A.Goal 6 . - Public facilities and services such as sewer, water , roads etc . . . According to the Weld County Comprehensive plan, these services must be determined adequate and in accordance with requirements prior to zoning of a parcel for development . This need has already been met because of the Estate Zoning adjacent to the property. Perk and soil tests have been done on the 7 acre piece and water, electricity and roads are in place. A.Goal 8 - Water currently associated with the farm or rural unit of land should be retained for agricultural purposes. We still plan to irrigate the grass to produce a hay crop. And most importantly, A.Policy 7 - one intent of this policy is to enable the property owner to provide a residence for direct members of the farm family. My brother is trying to provide us with this parcel of land so that we may build a homesite . As you can see, three major differences exist now than they did three years ago. First, three years ago the there was no specific intent for the 7 acre piece being split off . Our intent is to not to abuse or take this land out of production, but to make it more productive. I grew up on a farm in Weld County and do not expect or desire to change the long-established practices of agriculture. Second, the land was originally being split off for re-sale. My brother is not splitting the land to make a profit . His permanent residence exists on the proposed 43 acre site and because my husband and I are not able to afford to buy and 80 acre farm, he is trying to provide us with land to build a home on. Third, the surrounding land uses have changed drastically in the past three years because of the adjacent Estate zoning. Our intent for the split is now very compatible with the surrounding land uses. Because of these drastic changes, the proposal now meets Section 1-3 of the Weld County Subdivision Regulations, orderly and efficient development and the goals and policies of the Weld County Comprehensive Plan. Thank you, and I look forward to hearing from you very soon. Sincerely, 2 I) Wendy BBlicher Enclosures 960135 I n ( i� i I y I y pii "! II IIIgII; 111 �: i ua �' .2 ih eta ;ati . 9 ii�. 11 it41k I ilibit iu.I�ii;",,lift ,ll, I',I I r I. 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