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Home My WebLink About20182996.tiffHEARING CERTIFICATION DOCKET NO. 2018-108 RE: A CHANGE OF ZONE, COZ18-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E (ESTATE) ZONE DISTRICT - DEAN AND VALERIE BONDESON A public hearing was conducted on October 3, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Diana Aungst Public Works Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: • I hereby certify that pursuant to a notice dated August 30, 2018, and duly published September 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Dean and Valerie Bondeson, for a Change of Zone, COZ18-0003, from the A (Agricultural) Zone District to the E (Estate) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. • Chair Moreno reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four Commissioners being present and Commissioner Kirkmeyer excused. • Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and stated the applicant is requesting a Change of Zone from the A (Agriculture) Zone District to the E (Estate) Zone District. She indicated the site is located south of, and adjacent to County Road 34, and east of and adjacent to CR 35. She mentioned the site is approximately ten (10) acres in size and will be divided into two (2) lots, sized four (4) and six (6) acres. Ms. Aungst stated 11 referrals were sent out with no objections, and eight (8) responses were received without concerns or with comments that were considered in the staff recommendation. She presented images of the site and entered the favorable recommendation of the Planning Commission into the record as written. • In response to Commissioner Cozad regarding the subdivision zoning of surrounding properties, Ms. Aungst indicated the surrounding properties are mainly zoned A (Agriculture). In response to Commissioner Cozad, Ms. Aungst explained the Change of Zone is requested due to the Resubdivision and the size of the lots. Commissioner Cozad clarified that the Change of Zone is consistent with a Resubdivision. cc : PLC Da/ TP), PwC E.P), QHCIIF) (a/aCo/I$ 2018-2996 PL2594 HEARING CERTIFICATION - DEAN AND VALERIE BONDESON (COZ18-0003) PAGE 2 • Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated both of the lots will have independent access points as long as they meet the requirements from the Weld County Code. He presented the drainage and grading requirements. • Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions and stated the Central Weld County Water District (CWCWD) will provide water service and individual septic systems will provide sewer. He indicated the existing home has a septic system and water tap from the CWCWD. Mr. Frissell stated the septic system is not permitted; therefore, a Statement of Existing was completed and indicated the septic system is not failing. • Dean Bondeson, applicant, indicated he had no further comments regarding the application. No public testimony was offered concerning this matter. • In response to Commissioner Cozad, Frank Haug agreed that if the application for the Change of Zone is denied, the resubdivided lots would stay zoned A (Agriculture). Commissioner Cozad stated she was unclear about why there needs to be a Change of Zone. el In response to Commissioner Freeman, Mr. Bondeson indicated he initially thought the proposed site would remain A (Agriculture); however, due to the lot sizes being less than the required 80 acres, was advised to pursue a Change of Zone to the E (Estate) zoning. In response to Mr. Haug, Ms. Aungst stated the lots do not meet the 80 -acre requirement and indicated they can obtain a waiver from the Board regarding the lot size to assure the lots remain buildable. • Commissioner Cozad stated there are resubdivisions often and requested clarification pertaining to zoning and specific lot size requirements. In response to Commissioner Cozad, Ms. Aungst referenced the Bulk Standards, Section 23-3-50.A, for the A (Agriculture) Zone District. She stated under Section 23-3-50.A, the minimum lot size is 80 -acres. • Commissioner Freeman stated the lot was not 80 -acres to begin with, and was zoned A (Agriculture). He questioned the necessity of the Change of Zone. • In response to Commissioner Conway, Ms. Aungst explained the E (Estate) Zone District is more restrictive on animal units. After further discussion, Ms. Aungst stated the applicant could withdraw the application and be reimbursed the associated fees. • Commissioner Cozad referenced Section 24-5-10, as related to the Purpose of Resubdivision and stated there are ways to create acreages less than 80 acres. After further discussion, Chair Moreno recessed the hearing at 10:21 a.m., to allow staff to solidify if the Change of Zone is necessary. Chair Moreno resumed the hearing at 10:28 a.m. 2018-2996 PL2594 HEARING CERTIFICATION - DEAN AND VALERIE BONDESON (COZ18-0003) PAGE 3 el Mr. Haug indicated the lots can remain zoned A (Agricultural) without further consequences. Mr. Bondeson stated he would like to keep the zoning in A (Agricultural), if possible. Mr. Haug explained the applicant has the option to withdraw. Commissioner Conway stated if the applicant chooses to withdraw, he requested the applicant be refunded any associated fees, and the Board concurred. el Mr. Bondeson requested to withdraw his application for a Change of Zone. Commissioner Conway moved to approve the request of Dean and Valerie Bondeson, to withdraw the application for a Change of Zone, COZ18-0003, from the A (Agricultural) Zone District to the E (Estate) Zone District, and directed staff to reimburse any fees associated with the application. The motion was seconded by Commissioner Cozad, who expressed her appreciation for staff, and stated the County is doing their best to properly assist applicants. She thanked the applicant for being reasonable and patient as they deliberated. Commissioner Freeman agreed with the comments of Commissioner Cozad, and stated that his issue was with the limitations of the E (Estate) zoning, when the surrounding properties are zoned A (Agricultural). Commissioner Conway thanked the applicant for his patience. Chair Moreno agreed with the comments made by his fellow Commissioners. There being no further discussion, the motion carried unanimously and the hearing was completed at 10:33 a.m. This Certification was approved on the 8th day of October, 2018. BOARD OF COUNTY COMMISSIONERS WELD;COUNTY, COLORADO ATTEST: dattfA,‘) Je% Weld County Clerk to the Board BY: Deputy Clerk to the Board P. 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