HomeMy WebLinkAbout982442.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) - LESLIE
AND JEANNE GELVIN
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 16th day of December, 1998, at 10:00 a.m.
for the purpose of hearing the application of Leslie and Jeanne Gelvin, 2401 Cochetopa Court,
Fort Collins, Colorado 80525, requesting Change of Zone#517 from A (Agricultural) to
E (Estate) for a parcel of land located on the following described real estate, to-wit:
Lot A of RE #1723, Part of the NE'%of Section 7, Township 7
North, Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, 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."
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 proposed site does not lie within an urban
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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
granting 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
the 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.
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 districts. The Weld County Public Works Department reviewed this
request and found no conflict with the proposed accesses.
3. 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:
A. 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.
B. 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.
C. Section 21.6.2.3 - Soil conditions on the site are not such that they
present severe limitations to the construction of structures of facilities
proposed for the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Leslie and Jeanne Gelvin for a Change of Zone from A
(Agricultural) to E (Estate) 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.
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2. The Plat shall be amended to include the most recent version of the Right to
Farm Covenant.
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 and a minimum curb-to-curb
radius of 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 Homeowners 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:
a. The Change of Zone allows for Estate uses and shall comply with the E
(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 Sewage Disposal Systems.
c. The site shall maintain compliance at all times with the requirements of
the Weld County Public Works Department, Weld County Health
Department, Weld County Building Inspection Department, and 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.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
,4 /
� ;_ Lt451Lic,'
COUNTY, COLORAD
ATTEST: �/` 14." . ,
dv- ', Constance L. Harbert, Chair
Weld County Clerk to . F `\( ' 1
' &) ��_- ' EXCUSED
M-r�v'
7 W. H. Webster, Pro-Tem
BY: •i/2'. _ _4.at,' 1' 11r - 'kepa
Deputy Clerk to the ti' � EXCUSED DATE OF SIGNING (AYE)
George E. Baxter
AP D AS TO RM:
Dale4K. Hall
L
ou ty At rney AA idy
arbara J. Kirkmeyer
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