HomeMy WebLinkAbout20082306.tiff CORRECTED RESOLUTION
(CORRECTED AS TO AUTHORIZED AGENT AND ADDRESS FOR APPLICANT#24)
RE: GRANT CHANGE OF ZONE, CZ #1146, FROM R-1 (LOW-DENSITY RESIDENTIAL)
ZONE DISTRICT TO A (AGRICULTURAL) ZONE DISTRICT - 24 APPLICANTS
(25 PARCELS)
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 September,2008,at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the applications of the 24 applicants listed
below:
1) Earl Bergland, 474 County Road 30, Longmont, Colorado 80501
2) Richard and Linda Chinn, 13610 County Road 1, Longmont, Colorado 80504
3) George and Carol Coburn, 13853 County Road 3, Longmont, Colorado 80504
4) John and Jackie Docheff, 13388 County Road 1, Longmont, Colorado 80501
5) Justin Docheff, 13496 County Road 1, Longmont, Colorado 80501
6) Rita Ellis, 13961 County Road 3, Longmont, Colorado 80504
7) Francisco and Gloria Flores, 13160 County Road 1, Longmont, Colorado 80504
8) Robert and Barnetta Greenwalt, 13730 Elmore Road, Longmont, Colorado 80504
9) Barton Grubbs, 13754 County Road 1, Longmont, Colorado 80504
10) Dennis and Julie Heil, 13776 Elmore Road, Longmont, Colorado 80504
11) Charles and Teresa Hellmer, 13775 County Road 3, Longmont, Colorado 80504
12) Miguel Jaime, 13636 County Road 1, Longmont, Colorado 80504
13) William and Sally Jesser, 13580 County Road 1, Longmont, Colorado 80504
14) George and Ricque Johnson, 13873 County Road 3, Longmont, Colorado 80504
15) Joe and Kimberly Knight, 690 State Highway 66, Longmont, Colorado 80504
16) Dennis and Tammy Madewell, 780 State Highway 66, Longmont, Colorado 80504
17) James and Shirley Martin, 830 State Highway 66, Longmont, Colorado 80504
18) Preston and Bonita McCollum, 13722 County Road 1, Longmont, Colorado 80504
19) D. William and Inez Prather, 13810 County Road 1, Longmont, Colorado 80504
20) Robert and Rae Rives, 13737 County Road 3, Longmont, Colorado 80504
21) Benny and Laurie Scearce, 13794 Elmore Road, Longmont, Colorado 80504
22) Richard and Susan Schneider, 13696 County Road 1, Longmont, Colorado 80504
23) Alan and Cathy Whittern, 13876 Elmore Road, Longmont, Colorado 80504
24) Byron and Ruth Yost/William Jesser, 13538 County Road 1, Longmont, Colorado
80504
WHEREAS, said applicants requested Change of Zone, CZ #1146, from the
R-1 (Low-Density Residential) Zone District to the A (Agricultural) Zone District for parcels of land
located on the following described real estate, to-wit:
Lots A and B of Recorded Exemption #284, being
part of the NW1/4; Lot A of Recorded Exemption
#2008, being part of the SW1/4; Lot A of Recorded
Exemption #3841, being part of the SW1/4; Lot A of
Recorded Exemption#633, being part of the SW1/4;
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CHANGE OF ZONE (CZ#1146) -24 APPLICANTS (25 PARCELS)
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Lots A and B of Recorded Exemption #3492, being
part of the E1/2 NE1/4; Parcels 1 and 2 of Amended
Subdivision Exemption #638, being part of the
E1/2 NE1/4; two (2) parcels located in part of the
NE1/4 NE1/4; two (2) parcels located in part of the
E1/2 NE1/4, eleven (11) parcels located in part of the
NW1/4; and one (1) parcel located in part of the
NE1/4 NW1/4, all being part of Section 30, Township
3 North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicants were represented by Daniel P. Kapsak Law Firm, 1610 Hover
Road, Suite 203, Longmont, Colorado 80501, and
WHEREAS,Section 23-2-40 of the Weld County Code 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 applicants 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 applicants have complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code as
follows:
a. Section 23-2-40.B.1 -The proposal is consistent with Chapter 22 of the Weld
County Code.
1) Section 22-2-60.A (A.Goal 1) states, "Conserve agricultural land for
agricultural purposes which foster the economic health and
continuance of agriculture." The Department of Planning Services,
working in conjunction with the Weld County Attorney=s Office, has
determined that many of the properties within Section 30 are zoned
R-1 (Low-Density Residential),which requires public water and public
sewer. These lands are further restricted in the number of animals
units allowed on the property.
2) History - In 1963, all lands within Section 30 were rezoned from
A (Agricultural) to Transitional by Resolution. Later, during the
comprehensive redistricting for the County, completed during the
adoption of the first Zoning Ordinance, the parcels having residential
structures were reclassified from Transitional to R-1 (Low-Density
Residential). Some parcels may have held the E (Estate)
classification; however, both the Transitional and Estate zoning
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classifications were eliminated by this action. The E (Estate)
classification was brought back, in name only, in 1992; however, the
standards were not the same as in 1981, thus a modification to the
existing Zone District designation was not appropriate. Many of the
lands associated with this area have, for several years, had livestock
on the site in numbers reflective of an A (Agricultural) Zone District.
These numbers were not in compliance with the R-1 (Low-Density
Residential) Zone District, as each lot is limited to two (2) animal
units, per the current Weld County Code.
b. Section 23-2-40.B.2-The uses which will be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land
uses.
1) The general location of the twenty-five(25)parcels in this application
are located south of State Highway 66, east of County Road 1, and
west of County Road 3.
2) There are three (3) parcels that have, in the last five (5) years,
completed a Change of Zone application for their property. Schaal,
changed from the R-1 (Low-Density Residential) to the
A (Agricultural) Zone District in 2002; Greenman changed from the
R-1 (Low-Density Residential)to the C-1 (Neighborhood Commercial)
and E (Estate) Zone Districts in 2003, and the Nesting Crane PUD
was approved for PUD (Planned Unit Development) Zoning with
E (Estate) Zone uses in 2005. All remaining lands in the area are
either zoned R-1 (Low-Density Residential) or are a part of the
Seemore Heights Subdivision.
3) The site is located within the Intergovernmental Agreement Area for
the City of Longmont, and is utilizing the Longs Peak Water District
and Individual Sewage Disposal Systems. The City of Longmont, in
its referral dated June 26, 2008, stated that it has no concerns with
the zoning change from the R-1 (Low-Density Residential) Zone
District to the A (Agricultural) Zone District, but does have concerns
about possible additional septic systems and potential effects on
water quality in the area. The City of Longmont is requesting that no
new septic systems be installed. The applicant=s representative has
responded to the City of Longmont's concerns, in a letter dated
July 3, 2008, in which they state that if the existing systems need to
be repaired/replaced, and public sewer is located within 400 feet of
the property, the property owner will need to connect into the public
system. A Condition of Approval has been placed on the plat
outlining this requirement.
4) The properties are also located with the three-mile referral area for
the Towns of Mead and Firestone. The Town of Mead, in its referral
dated May 28, 2008, stated it has reviewed the request and finds no
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conflicts with its interests, and that the area is located in the
Longmont Planning Area. No comments were received from the
Town of Firestone.
c. Section 23-2-40.6.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. The properties are currently utilizing the Longs Peak Water District
and Individual Sewage Disposal Systems.
d. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed Zone
District. The Colorado Department of Transportation (CDOT), in its referral
dated June 19,2008, stated it has reviewed the request and finds no conflict
with its interests. The Department of Public Works, in the referral dated June
23,2008, stated direct access from a public road will be limited to one (1)per
legal parcel. Additional accesses may be approved by the Department of
Public Works or the Board of County Commissioners. The Department of
Public Works also stated that County Road 1 is classified as a major arterial
requiring 140 feet of right-of-way, County Road 3 is designated as a local
gravel road requiring 60 feet of right-of-way, and Elmore Road is a local
paved road requiring 60 feet of right-of-way. All existing and future
right-of-way, including the documents creating them,will be delineated on the
plat.
e. Section 23-2-40.8.5- In those instances where the following characteristics
are applicable to the rezoning request, the applicants have demonstrated
compliance with the applicable standards:
1) Section 23-2-30.A.5.a - The proposed Change of Zone does lie
within the Intergovernmental Agreement Area for the City of
Longmont.
2) Section 23-2-30.A.5.b - The properties are too small to warrant
mining of any gravel or sand that may be beneath the surface.
3) Section 23-2-30.A.5.c - 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 the above listed applicants for Change of Zone,CZ#1146,
from the R-1 (Low-Density Residential) Zone District to the A (Agricultural) Zone District, on the
above referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. All properties that access County Road 1 shall justify all second accesses,
per lot. The applicants shall provide justification, in writing, and update a
Weld County Access Information Sheet to indicate which accesses are to
remain open. This documentation shall be submitted to the Departments of
Planning Services and Public Works.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ-1146.
B. The plat shall adhere to Sections 23-2-50.C and D of the Weld County Code.
C. The perimeter boundary of the proposed Change of Zone shall be shown
distinctly on the plat.
D. Easements shall be shown in accordance with County standards and shall
be dimensioned on the Change of Zone plat.
E. The Colorado Department of Transportation (CDOT) has jurisdiction over
State Highway 66. The applicants shall coordinate with CDOT regarding the
requirements for existing and future right-of-way for State Highway 66. The
applicants, on the Change of Zone plat, shall show and label the existing and
future right-of-way recognized by CDOT. This State Highway is paved.
F. County Road 1 is designated on the Weld County Road Classification Plan
as a major arterial road, which requires 140 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. A total of 70 feet from
the centerline of County Road 1 shall be delineated on the plat as future
right-of-way, and the documents creating the right-of-way shall also be
delineated on the plat.
G. County Road 3 is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full buildout.
There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of County Road 3 shall be delineated on the plat as right-of-way,
and the documents creating the right-of-way shall also be delineated on the
plat.
H. Elmore Road is designated on the Weld County Road Classification Plan as
a local gravel road, which requires 60 feet of right-of-way at full buildout.
There is presently 60 feet of right-of-way. A total of 30 feet from the
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centerline of Elmore Road shall be delineated on the plat as right-of-way,and
the documents creating the right-of-way shall also be delineated on the plat.
All approved accesses shall be delineated on the plat.
J. Weld County=s Right To Farm Statement, as it appears in the Weld County
Code, Appendix 22-E, shall be placed on the plat.
K. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for A (Agricultural) uses which shall
comply with the A (Agricultural) Zone District requirements, as set
forth in Chapter 23, Article III, Division 1, of the Weld County Code.
2) The operation shall comply with all applicable rules and regulations of
state and federal agencies and the Weld County Code.
3) The site shall maintain compliance, at all times, with the Design
Standards listed in Chapter 24,Article VII, of the Weld County Code,
if applicable.
4) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
5) Building permits shall be obtained prior to the construction of any
new building. A plan review is required for each building. Plans shall
bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each
permit.
6) Each new building will require an engineered foundation, based on a
site-specific Geotechnical Report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
7) New buildings shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2006 International Building
Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2008 National Electrical Code, and Chapter 29 of
the Weld County Code.
8) Effective January 1, 2003, building permits issued on the lots will be
required to adhere to the fee structure of the County-Wide Road
Impact Fee Program.
9) Effective August 1, 2005, building permits issued on the subject site
will be required to adhere to the fee structure of the Capital
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Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
10) Prior to the release of building permits,the Lot owner shall verify with
the nearest Town/City or Sanitation District to determine the location
of the nearest sanitary sewer line. In accordance with the Weld
County Code, if a sewer line exists within four hundred (400) feet of
the property line, and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld
County Department of Public Health and Environment. Evidence of
such shall be submitted, in writing,to the Weld County Department of
Planning Services.
11) The property owner shall allow any mineral owner the right of ingress
or egress for the purposes of exploration, development, completion,
recompletion, re-entry, production, and maintenance operations
associated with existing or future operations located on these lands.
12) Weld County Government personnel shall be granted access onto
the property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards
stated herein and all applicable Weld County regulations.
13) The historical flow patterns and runoff amounts will be maintained on
the site in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm runoff.
L. The applicants shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicants shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicants
shall be responsible for paying the recording fee.
4. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicants shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable).
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4. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicants shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and ArcInfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable).
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 10th day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
"... ii,; 7 ELD COUNTY, COLORADO
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ATTEST: 'bILK �D�'l/� fa. a` J r
t -,' i ' m H. Jerke, Chair
Weld County Clerk to the Board ail I
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BY: ilnC "(�QVG(
De Clerk the Board v
Willi . Garcia 1
APP E AST •
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David E. Long
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C ty Atto ney c � Jaso d� .ter
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Date of signature: ICI a(og
2008-2306
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