HomeMy WebLinkAbout20180869.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ17-0007, FROM THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT -
JAMES AND JUDY DOCHEFF
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 4th day of April, 2018, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of James and Judy Docheff,
1441 CR 1, Longmont, CO 80504, requesting a Change of Zone, COZ17-0007, 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:
Lot B of Recorded Exemption, RE -3841; being part
of the SW1/4 of Section 30, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicants were represented by Kelsey Bruxvoort, AGPROfessionals,
LLC, 3050 67th Avenue, Greeley, Colorado 80634, 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 23-2-40.6.1. — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." Although no development is
proposed at this time, the property has adequate services and
facilities and is located within the Firestone, Longmont and Mead
IGAs. The municipal boundary of the City of Longmont borders the
property on the east. Boulder County borders the property on the
west at County Road 1. The property is located in the Mountain
View Fire Rescue District and St. Vrain Valley School District.
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CHANGE OF ZONE (COZ17-0007) - JAMES AND JUDY DOCHEFF
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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. The Department of Planning Services has not
received any comments from the surrounding property owners about this
Change of Zone request. One surrounding property owner mail notice was
undeliverable. If the property is rezoned, the activities which are permitted
in the Agricultural Zone appear to be compatible with surrounding land
uses. This area of the County has a mix of R-1 (Low Density Residential)
and A (Agricultural) zoning; however, the proposed Change of Zone would
allow the subject property to have consistent zoning with the adjacent
unincorporated lots, which are all zoned A (Agricultural).
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. According to the referral comments from the Department of Public
Health and Environment and the application materials, the Lot can be
served by the Longs Peak Water District and may obtain a septic permit for
sewage disposal.
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The subject property has County Road 28 on the south and
County Road 1 on the west. A portion of County Road 28 is located in
unincorporated Weld County. There is one agricultural access point on
County Road 28 in this portion of the road. A Weld County Access Permit
will be applied for prior to any construction on the site. There is one
agricultural access point on County Road 28 on the Longmont portion of
County Road 28. There are no accesses off of County Road 1.
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 proposed Change of Zone is not
located within an Overlay District, Geological Hazard Area or a
Special Flood Hazard Area.
2) Section 23-2-40.B.5.b. — The proposed Change of Zone does not
interfere with the present or future extraction of mineral resources.
Also, the Geology Report submitted with the application materials
states that no economically recoverable gravel resources were
identified on the site.
3) Section 23-2-40.B.5.c. — The use on the subject property will not
change with the approval of this Change of Zone. No new structures
are being proposed at this time. The Longmont Soil Conservation
District provided information regarding the soils on the site.
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CHANGE OF ZONE (COZ17-0007) - JAMES AND JUDY DOCHEFF
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of James and Judy Docheff, for a Change of Zone,
COZ17-0007, 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 shall delineate the following:
A. All pages of the plat shall be labeled COZ17-0007.
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code.
C. Show and label the approved access locations.
D. County Road 28 is a gravel road and is designated on the Weld County
Functional Classification Map as a collector road which requires 80 feet of
right-of-way at full buildout. The applicant shall delineate on the site plan
the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County.
E. County Road 1 is a paved road and is designated on the Weld County
Functional Classification Map as a collector road which requires 80 feet of
right-of-way at full buildout. The applicant shall delineate on the site plan
the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County.
F. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number.
G. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ17-0007, is from the R-1 (Low -Density
Residential) Zone District to the A (Agricultural) Zone District
requirements as set forth in Chapter 23, Article III, Division 2 of the
Weld County Code.
2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
3) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
4) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
5) The agricultural access on the site shall be maintained to mitigate
any impacts to the public road, including damages and/or off -site
tracking.
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6) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall acquire an approved Right -of -Way
Use Permit prior to commencement.
7) The historical flow patterns and runoff amounts will be maintained
on the site.
8) Water service shall be obtained from the Longs Peak Water District.
9) This parcel is not served by a municipal sanitary sewer system.
Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division, and
the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
10) Activity or use on the surface of the ground over any part of the
On -site Wastewater Treatment System (OVVTS) must be restricted
to that which shall allow the system to function as designed and
which shall not contribute to compaction of the soil or to structural
loading detrimental to the structural integrity or capability of the
component to function as designed.
11) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee and the
County Facility Fee and Drainage Impact Fee Programs.
12) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and persons moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
13) The Weld County Right to Farm Statement, as it appears in Section
22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
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3. The plat shall be prepared in accordance with the requirements of
Section 23-2-50.C. and D. of the Weld County Code. The applicant shall submit
an electronic copy (PDF) of the plat for preliminary approval to the Department of
Planning Services. Upon approval of the plat, the applicant 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 County Clerk and Recorder by the
Department of Planning Services. The Mylar plat and additional requirements shall
be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners resolution. The applicant 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 one hundred twenty (120) days of approval by the
Board of County Commissioners. With the Change of Zone plat map, the applicant
shall submit a digital file of all drawings associated with the Change of Zone
application. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984,
NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.).
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
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 4th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WEL D7CUUNTY,COLORADO
ATTEST: datiL) GC •X,vo;e,k,
Weld County Clerk to the Board
BY
eputy Clerk to the Board
AAPPPRO\/. D AS 0 -
Attorney
Date of signature: d'1/(9ctR'
can P. Conway
Ste
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rrbara Kirkmeyer,/I o-Tem�
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CUSED
C
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Ike Freeman
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