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Home My WebLink About20082609.tiff HEARING CERTIFICATION DOCKET NO. 2008-59 RE: CHANGE OF ZONE, CZ#1146, FROM THE R-1 (LOW-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - 24 APPLICANTS (25 PARCELS) - BERGLAND, CHINN, COBURN, JOHN DOCHEFF, JUSTIN DOCHEFF, ELLIS, FLORES, GREENWALT, GRUBBS, HEIL, HELLMER, JAIME, JESSER, JOHNSON,KNIGHT,MADEWELL,MARTIN,MCCOLLUM,PRATHER,RIVES,SCEARCE, SCHNEIDER, WHITTERN, YOST/JESSER A public hearing was conducted on September 10, 2008, at 10:00 a.m.,with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Jacqueline Hatch Health Department representative, Lauren Light Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 25, 2008, and duly published August 1, 2008, in the Greeley Tribune, a public hearing was conducted to consider the request of 24 Applicants (25 parcels) - Bergland, Chinn, Coburn, John Docheff, Justin Docheff, Ellis, Flores, Greenwalt, Grubbs, Heil, Hellmer, Jaime, Jesser, Johnson, Knight, Madewell, Martin, McCollum, Prather, Rives, Scearce, Schneider, Whittern, Yost/Jesser, for Change of Zone, CZ #1146, from the R-1 (Low-Density Residential) Zone District to the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal,entered the favorable recommendation of the Planning Commission into the record as written, and she reiterated the names of all of the individual property owners for the record. She stated the parcels are generally located south of State Highway 66, east of County Road 1, and west of County Road 3. She indicated the largest parcel is approximately 39 acres in size, and the smallest parcel is approximately one acre in size. She explained all of the land contained within Section 30 was re-zoned from A (Agricultural) to Transitional, and later, during a Comprehensive Re-Districting completed through the adoption of the first Zoning Ordinance, the parcels which contained residential structures were re-classified from Transitional to R-1 (Low-Density Residential). She clarified some parcels may have retained the E (Estate) classification; however, both the Transitional and Estate Zone classifications were eliminated by the action. She further clarified the E (Estate) classification was brought back in 1992; however, the standards were not the same as they were in 1981, therefore, the modification to the existing Zone District was not appropriate. Ms. Hatch indicated three parcels have successfully applied for a Change of Zone, including the Schaal property in 2002, the Greenman property in 2003, and the Nesting Crane PUD(Planned Unit Development) in 2005. She indicated 2008-2609 PL1976 L (�C h l /�/ /L — OAS D46 HEARING CERTIFICATION - TWENTY-FOUR APPLICANTS, C/O THE KAPSAK LAW FIRM, LLC (CZ #1146) PAGE 2 all of the remaining land within Section 30 is either zoned R-1 (Low-Density Residential),or is a part of the Seemore Heights Subdivision. She stated the livestock on the parcels have generally reflected the limits allowed within the A(Agricultural)Zone District; however, the number of animal units are not in compliance with the R-1 Zone District, which limits each parcel to two animal units. Ms. Hatch stated the parcels are located within the Intergovernmental Agreement (IGA) area for the City of Longmont, water service is provided to the site from the Left Hand Water District, and individual septic systems handle the effluent flow. She stated the City of Longmont indicated no concerns with re-zoning request; however, the City requested that no additional septic systems be allowed, due to potential effects on the water quality within the surrounding area. She clarified the applicants' representative responded to the City, in a letter dated July 3, 2008, indicating when an existing septic system needs to be repaired, or replaced, and a public sewer line is located within 400 feet of the property, the property owner will connect to the public system, as addressed within Condition of Approval #1.K.10. Ms. Hatch stated the parcels are located within the three-mile referral areas for the Town of Mead,which indicated no conflicts, and the Town of Firestone,which did not provide a referral response. She indicated thirteen referral agencies reviewed the application materials, four provided no comments, and six provided comments which have been addressed through the Conditions of Approval. In response to Commissioner Rademacher, Ms. Hatch confirmed staff supports approval of the application, and the Planning Commission vote was unanimous for approval. Responding to Commissioner Masden, Ms. Hatch stated the proposed re-zoning was first initiated by previous Commissioners when numerous violations were occurring regarding the number of animal units and various home businesses. She indicated previous Commissioners directed staff to meet with the property owners to accomplish a Change of Zone, and she confirmed an open-house forum was held for the property owners, and she confirmed all of the property owners within this application own properties which are not contained within the Seemore Heights Subdivision. In response to Chair Jerke, Ms. Hatch estimated approximately 80 percent of the affected parcels are contained within this application, and she clarified many parcels have already been annexed by the City of Longmont, approximately five parcels did not wish to join this application, and all of the parcels within the Seemore Heights Subdivision will have to complete the re-zoning through a separate process. She further clarified there are several parcels located behind the Seemore Heights Subdivision which are landlocked, therefore, in order to provide access to the parcels, an amendment to the subdivision will be required. Don Carroll, Department of Public Works, stated County Road 1 is classified as an arterial road, requiring 140 feet of right-of-way at full buildout, and there is currently 60 feet of right-of-way available. He stated the most recent traffic count, from 2007, indicates the road has an average daily traffic(ADT)count of 5,433 vehicles, and the speed limits have been reduced within the area in order to accommodate the accesses of the parcels. He indicated State Highway 66 is under the control of the Colorado Department of Transportation (CDOT), with an ADT of approximately 17,400 vehicles, and County Road 3 is a local gravel road, containing 60 feet of right-of-way. He clarified the County maintains County Roads 1 and 3, and Elmore Road, which is a local paved road. He stated the Department has requested that the accesses along County Road 1 be limited, and staff will work with the property owners to create one main access for each parcel. He indicated the Department does not have any substantial outstanding concerns. In response to 2008-2609 PL1976 HEARING CERTIFICATION - TWENTY-FOUR APPLICANTS, CIO THE KAPSAK LAW FIRM, LLC (CZ#1146) PAGE 3 Chair Jerke, Mr. Carroll clarified either Boulder County or the City of Longmont legally controls the west half of County Road 1; however, for this stretch of the road, Weld County provides full maintenance operations. Responding to Commissioner Rademacher, Mr. Carroll confirmed when County Road 1 is scheduled to be upgraded to a four-lane road, the Department will work with property owners to ensure reasonable access. He further confirmed CDOT will accomplish the same through its access plan for State Highway 66. Chair Jerke indicated he hopes that property owners are willing to work in conjunction with officials at the time of expansion of County Road 1, and it will be difficult to properly expand the road if there are many access points along the road. He further indicated it may make sense to look into the option of requiring shared driveways, and eliminate circle driveways. Mr. Carroll stated he reviewed Weld County's Five-Year Plan, and the road is not currently scheduled to be updated at this time. Lauren Light, Department of Public Health and Environment, stated the parcels are provided with water from the Left Hand Water District, and are served by individual septic systems. She indicated during the review of the application materials, it was discovered that four of the parcels do not have a septic permit, and one permit was never completed; however, all of the issues have been resolved by working in conjunction with the applicants' representative. She stated due to the concerns expressed by the City of Longmont, she consulted the map for the Saint Vrain Sanitation District, and the parcels are not located within the current District boundary; however, several of the parcels are located within the 208 Boundary. She clarified the nearest line for sewer service is approximately 1.5 miles, near the Adler Estates development. She further clarified the plat will indicate that a property owner installing a new septic system must connect to an existing sewer line if the property is within 400 feet of the sewer line, and she confirmed the Department has no outstanding concerns with the application. Jennipher Jobe, The Kapsak Law Firm, LLC, represented the applicants and clarified the parcels receive water service from the Longs Peak Water District, not the Left Hand Water District. She reiterated the applicants are trying to get back into compliance within the intended Zone District, and she confirmed there will be no increase or decrease in size of properties, etcetera. She indicated the applicants were not previously aware of the differences of compliance standards between the two Zone Districts. Chair Jerke expressed his appreciation to the property owners for their diligence in working together to provide resolution. No public testimony was offered concerning this matter. Commissioner Rademacher recommended the reference of "Left Hand Water District" be amended to state"Longs Peak Water District'throughout the Resolution,and the Board concurred. In response to Chair Jerke, Ms.Jobe indicated she has reviewed,and concurs with,the Conditions of Approval. Chair Jerke indicated this application has been a long time in coming, and he expressed his appreciation to all of the individual property owners for their patience in the matter. He indicated the collective Change of Zone application will provide for the desired usage of the properties. Commissioner Rademacher concurred with Chair Jerke, and expressed his appreciation to each 2008-2609 PL1976 HEARING CERTIFICATION - TWENTY-FOUR APPLICANTS, C/O THE KAPSAK LAW FIRM, LLC (CZ#1146) PAGE 4 of the property owners for their patience. He believes a mistake was made, in 1963, when the County modified the zoning of the properties, and the properties should have been zoned A (Agricultural) instead of R-1 (Low Density Residential). Commissioner Long moved to approve the request of 24 Applicants(25 parcels)-Bergland, Chinn, Coburn, John Docheff, Justin Docheff, Ellis, Flores, Greenwalt, Grubbs, Heil, Hellmer, Jaime, Jesser, Johnson, Knight, Madewell, Martin, McCollum, Prather, Rives, Scearce, Schneider, Whittern, Yost/Jesser, for Change of Zone, CZ #1146, from the R-1 (Low-Density Residential) Zone District to the A (Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Garcia. Commissioner Masden expressed his appreciation to the parcel owners for their attendance at today's hearing and their diligence in following through with the application process. There being no further discussion, the motion carried unanimously, and the hearing was completed at 10:50 a.m. This Certification was approved on the 15th day of September, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS fi + rl *f, ELD COUNTY, COLORADO ATTEST: m H. Jerke, Chair Weld County Clerk to the Bo r I ."`6T ,chi �i BY:A)11/btitteOlVat? obert D. Pro-Tem D Clerkthe Board Wilf F. Garcia c avid E. Long s R emacher 2008-2609 PL1976 EXHIBIT INVENTORY CONTROL SHEET Case CZ#1146 - 24 APPLICANTS (25 PARCELS), CIO KAPSAK LAW FIRM, LLC Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 08/19/2008) D. Planning Staff Certification and Photos of Sign Postings E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. '0 oc cT o it l� v4-4 _ O � G obi � kU v U0 3 Qo C A ,0 ,c7 r ihW1 ce aiV 0 ( x ' l -2 WCL ci 1. '\. �Ir z ,i ' z w O �C t 3 ' .4 O 0 E m CI c tiJ v it 15 0 Fes- >- `3° co 2 � _ � � � �� `� � p J 0 W p i _ k .. 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