HomeMy WebLinkAbout971149.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #506 FROM A (AGRICULTURAL) TO E (ESTATE) FOR
A FIVE-LOT MINOR SUBDIVISION -TOM FRANCIS / HILLCREST ESTATES
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 18th day of June, 1997, at 10:00 a.m. for
the purpose of hearing the application of Tom Francis, P.O. Box 700, Windsor, Colorado 80550,
requesting Change of Zone#506 from A (Agricultural) to E (Estate) for a five-lot Minor
Subdivision, Hillcrest Estates, for a parcel of land located on the following described real estate,
to-wit:
Lot B of RE#1936, E1/2 of NE1/4 of Section 25,
Township 6 North, Range 67 West and W1/2 of
NW1/4 of Section 30, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, Tom Francis, the applicant, was present at said hearing, 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 states "Preserve prime farmland for agricultural
purposes which fosters economic health and continuance of
agriculture." The subject property is listed as prime farm ground if
irrigated; however, the applicant has indicated in the application
that the irrigation water is not deliverable to the 30 acres
because, in 1986 when the property was split by Recorded
Exemption #846, the irrigation lift pump and supply lines were
divided from the agricultural ground and kept with the
improvements on a separate lot.
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CHANGE OF ZONE#506 - FRANCIS / HILLCREST ESTATES
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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 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 surrounding land uses are agricultural and
rural residential in nature. The subject property lies within the three-mile
referral boundary of the Town of Windsor and the City of Greeley. The
Town of Windsor and the City of Greeley have reviewed this request with
their comments attached. The right-to-farm covenant will be attached to
the request, thus informing any new residence 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 21.6.2.3-Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Public water to the site will be provided by the North Weld
County Water District. Septic systems are proposed for sewage disposal.
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. Two access points are proposed to the subject site from
Weld County Road 66.
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.
F. 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.
G. 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.
H. 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 or
facilities proposed for the site.
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PL1084
CHANGE OF ZONE #506 - FRANCIS / HILLCREST ESTATES
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tom Francis requesting Change of Zone #506
from A (Agricultural) to E (Estate) for a five-lot Minor Subdivision, Hillcrest Estates, 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. Prior to recording the plat: The applicant shall submit to the Weld County Health
Department for review and approval a septic system replacement area for each
proposed lot. After approval by the Health Department, the plat shall be
amended to designate the appropriate area on each lot for a replacement septic
system.
3. The plat shall be amended to show the following:
A. A 65-foot radius on the cul-de-sac as stated in a memorandum from Don
Carroll, Weld County Public Works Department, dated March 27, 1997.
B. A typical cross-section identifying the 60-foot right-of-way, the width of
the road with adequate gravel depth, borrow pit ditches, and drainage
culverts as stated in a memorandum from Don Carroll, Weld County
Public Works Department, dated March 27, 1997.
C. A 100-foot easement for maintenance and replacement for the Storm
Lake Drainage District shall be shown on the plat. All utility easements
shall include a 15-foot utility perimeter easement and a 10-foot utility
easement on both sides of each lot line.
D. The Right-To-Farm Covenant as stated in the Weld County
Comprehensive Plan, Page 7-1, shall be placed on the plat.
E. The area labeled as Outlot A (the property located northwest of Weld
County Road 66) on the Change of Zone plat map shall not be included
in the Change of Zone area.
F. The plat shall show all existing easements on the property.
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 consist of 5 lots.
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CHANGE OF ZONE #506 - FRANCIS / HILLCREST ESTATES
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B. Water service shall be serviced 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, Windsor-Severance Fire Protection District, 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-way and adjacent
properties.
F. The 20-foot-wide gravel access road from the west end of the cul-de-sac
to Weld County Road 23.5 shall serve only as an emergency access
road.
G. 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 address a dust control plan in the covenants.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of June, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
r"•+1 Ar
OUNTY, COLORADO
ATTEST: �friASS"/ / 24
iw _ Georgeaxter, Chair
6 ,
Weld Co i t�'C j•katf e"�'ard.. 2—
Aonstance L. Har rt, P - em
IIeputy to- � �d �
Dale K. Hall77
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APP D AST FORM: 4I,4,(.`i%a_ j-L- Pr-
7
' Barbara J. Kirkm ye
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y Attor e
W. H. ebster .
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