HomeMy WebLinkAbout20020120.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE #565 FROM R-1 (LOW DENSITY RESIDENTIAL) ZONE
DISTRICT TO A(AGRICULTURAL) ZONE DISTRICT - CARL AND PAMELA SCHAAL
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 30th day of January, 2002, at 10:00 a.m.
for the purpose of hearing the application of Carl and Pamela Schaal, 13900 Weld County
Road 1, Longmont, Colorado 80504, requesting a Change of Zone from the R-1 (Low Density
Residential) Zone District to the A (Agricultural) Zone District for a parcel of land located on the
following described real estate, to-wit:
Part of the NW1/4 of Section 30, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, 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 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 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 To change the zone on this property to A
(Agricultural)would result in spot zoning and would be contrary to the
Comprehensive Plan. The property under consideration is presently
zoned R-1 (Low Density Residential) and is surrounded by other R-1
(Low Density Residential) zoned properties. A Change of Zone is
warranted by the fact that the redistricting resulted in the creation of lots
which today cannot meet the R-1 (Low Density Residential) sewer
requirement. Prior to 1981, the property was zoned E (Estate). During
the 1981 County wide redistricting, all of Section 30, Township 3 North,
Range 68 West, was changed to R-1 (Residential) without regard to the
services available. The nature and character of the neighborhood has
historically and continues to be agriculturally orientated. West of the
property is Boulder County Open Space land. While public sewer is a
required element for R-1 (Residential) properties, it is not yet available to
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CHANGE OF ZONE (COZ#565) - CARL AND PAMELA SCHAAL
PAGE 2
those properties in Section 30, therefore, further concentration of
residential uses cannot take place until public sewer is available.
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. Much of the existing land use in this area is
agricultural in nature. The properties to the west and north are in
agricultural production. There is no proposed change in the use of the
property at this time. The property owners wish to use the existing green
houses as a Use By Right in the A (Agricultural) Zone District. The
applicants are aware that should the use of the greenhouses exceed
those uses allowed by right, then a Use by Special Review Permit will be
required.
C. Section 23-2-40.B.3 -- Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. The site is presently being served by the Longs Peak Water
District and the proposed Change of Zone will not effect the number of
residential units receiving water. In a referral letter, dated July 19, 2001,
the Longs Peak Water District stated that the applicant shall meet
additional requirements from the District. The existing residential unit is
served by an Individual Sewage Disposal System septic system. The
Weld County Department of Public Health and Environment reviewed this
case and stated that the existing septic was permitted.
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. Access to the site is presently off of Weld County Road 1
and no additional access is proposed. Should the use of the site expand
beyond those uses Allowed By Right, the applicant shall address the
concerns of the Weld County Department of Public Works as stated in
the referral dated December 2, 2001.
E. Section 23-2-40.B.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 23-2-40.B.5.a —The site is not involved in an
intergovernmental agreement area.
2) Section 23-2-40.B.5:b—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.
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CHANGE OF ZONE (COZ #565) - CARL AND PAMELA SCHAAL
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3) Section 23-2-40.B.5.c—The soil conditions on the site are not
such that they present moderate or 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 Carl and Pamela Schaal for a Change of Zone
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. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 60 days of approval by the Board of County
Commissioners.
2. Prior to recording the Change of Zone plat:
A. The following notes and information shall be delineated on the Change of
Zone plat:
1) The Change of Zone allows for Agricultural Use by Right
applications which shall comply with the A (Agricultural) Zone
District requirements as set forth in Section 23-2-20 of the Weld
County Code.
2) Any signage located on the property shall require building permits
and adhere to Section 23-4-100 of the Weld County Code. The
maximum sign face in the A (Agricultural) Zone District is sixteen
(16) square feet.
3) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works,
Public Health and Environment, and Planning Services.
4) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
5) If applicable, installation of utilities shall comply with Chapter 24,
Article VII, of the Weld County Code.
B. The Noncommercial junkyard located on the site, consisting of building
materials, derelict vehicles, wood, and miscellaneous materials, shall be
removed from the site.
C. The Zoning Map shall be drawn to meet the requirements of
Section 23-2-50-D.
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CHANGE OF ZONE (COZ #565) - CARL AND PAMELA SCHAAL
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D. The Vicinity Map shall be drawn to meet the requirement of
Section 23-2-50-C.
E. The applicant shall pay the advertisement fee of $20.00.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of January, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
���� WELD COUNTY, COLORADO
ATTEST: �j ' d.0/�'/ d 4 EXCUSED DATE OF SIGNING (AYE)
h �/ " u�� GI:n Vaad, Chair
Weld County Clerk to the Board
C,w, �
4. , ',, / , David E. g, Pro-
a. le e Board & icte-'
sbi M. J. eile
t
•\Fo
E(r RM: EXCUSED DATE OF SIGNING (AYE)
ci ✓;'I ti" `-s - illi m H. Jere
dung ttorn •y :J. & 1\1\,L,
Robert D. Masden
Date of signature: /TO--
2002-0120
PL1581
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