HomeMy WebLinkAbout972631.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) -TRI-CITY
VENTURES
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 10th day of December, 1997, at
10:00 a.m. for the purpose of hearing the application of Tri-City Ventures, 6538 East US
Highway 34, Loveland, Colorado 80537, requesting a Change of Zone from A (Agricultural) to E
(Estate) for a parcel of land located on the following described real estate, to-wit:
Part of Lot B or Recorded Exemption #1610, located in the NW'/
of Section 8, Township 5 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was represented by Kris Pickett, Pickett Engineering
Company, 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 2.5-acre subject property is listed as irrigated
land, not prime, by the USDS Soil Conservation map. The
addition of this land into existing Lot 6 in Meadow Brook Farm, an
Estate Zoned subdivision, will not disturb farming practices. The
subject property lies in a ravine and low drainage area. The
additional 2.5 acres when added to Lot 6 would allow for more
open space within the lot, while removing land difficult to farm
from the adjacent property.
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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
covenant which should be incorporated on all pertinent land use
plats. 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 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 include agricultural
production to the south and west, pasture land and the remainder of
Meadow Brook Farm to the north and Windsong Ranch Subdivision the
east. 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 is available to the
site to serve the uses permitted within the proposed zone district. Public
water to the site is provided by the Little Thompson Valley 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. Access is existing onto Weld County Road 60. No changes
to access will occur with this request, as no additional lots are being
created.
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 he
within any overlay district identified by the maps officially adopted
by Weld County.
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 or facilities proposed for the site.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tri-City Ventures 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.
2. The plat shall be amended to show the following:
a. In accordance with Section 21.17.2.3.5 of the Weld County Zoning
Ordinance, the plat shall show all existing easements, right-of-ways and
other similar interest within 50 feet of the subject property.
3. 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 subject property shall be included and
absorbed into Lot 6 of Meadow Brook Farm. The granting of the Change
of Zone does not create an additional lot within the minor subdivision.
b. Water service shall be serviced by the Little Thompson 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 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 Covenant as stated in the Weld County
Comprehensive Plan, Page 7-1, shall be recognized at all times.
4. An Amended Recorded Exemption shall be submitted, reviewed and approved
by the Department of Planning Services.
5. A Resubdivision shall be submitted, reviewed and approved by the Board of
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County Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of December, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WE��UNTY, COLORADO
ATTEST: �c� ��,�!,� R q
f''' `t George E. Baxter, Chair
Weld County CI- k t' _';;4• '�at `
we
i ` ip , onstance L. Harb rt, P o-Tem
BY: -_I. ./,. .kL lAilif ..< r•:
Deputy Clerk1 Te •',4.\ ' —
Or Dale K. Hall
APP D AS FORM: EXCUSED
Barbara J. Kirkmeyer
County Atto ney EXCUSED
W. H. Webster
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