HomeMy WebLinkAbout20180883.tiffHEARING CERTIFICATION
DOCKET NO. 2018-32
RE: A CHANGE OF ZONE, COZ17-0007, FROM THE R-1 (LOW -DENSITY RESIDENTIAL)
ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - JAMES AND JUDY
DOCHEFF
A public hearing was conducted on April 4, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Clerk to the Board, Esther Gesick
Acting Clerk to the Board, Chloe Rempel
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 28, 2018, and duly published
March 5, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
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. Bob Choate, Assistant County
Attorney, made this a matter of record.
la Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and explained the zoning change is being processed in conjunction with a pending Recorded
Exemption (RE), RE -3841, to amend the boundaries of existing Lots A and B. He further stated
Lot A is currently zoned A (Agricultural); however, Lot B is zoned R-1 (Low -Density Residential)
and the lot line adjustment will result in split zoning on Lot B until corrected by this Change of
Zone. He displayed a vicinity map showing the location of the site, nearby roads and adjacent
uses, including County Line Road 1, with Boulder County to the west. He noted the surrounding
area consists of a mixture of R-1 (Low -Density Residential) and A (Agricultural) zoning, therefore,
staff believes the request is consistent with the area. He stated the Longs Peak Water District
has provided an Intent to Serve letter, and the property is within the Mountain View Fire Protection
District and St. Vrain Valley School District. Mr. Hall indicated there are immediate plans for
improvements on the site, which is actively farmed. He also noted there is a small sliver of the
property on the eastern edge which was part of an overlapping annexation by Longmont. He
reviewed that Change of Zone, CZ -1146, was approved in 2008 which rezoned Lot A, as well as
others in the area, from R-1 to Agricultural, and at that time both lots were under the ownership
of the applicants. He also confirmed staff is holding the RE plat to be recorded, pending approval
of today's application. He further stated thirteen (13) referrals were sent, and eight (8) responded
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2018-0883
PL2541
HEARING CERTIFICATION - JAMES AND JUDY DOCHEFF (COZ17-0007)
PAGE 2
with comments which have been addressed in the Conditions of Approval (COA), and no
comments were received from surrounding property owners. He stated the site is located within
the three (3) mile referral area of the City of Longmont, Towns of Firestone and Mead, and Boulder
County; however, it is not within any overlay districts. In response to Commissioner Kirkmeyer,
Mr. Hall reiterated Lot A (not part of this Change of Zone) was initially zoned R-1 in the 1960's,
was already changed to A (Agricultural) in 2008, will remain a single dwelling lot, and will be
expanded by a few acres shifting from Lot B. He displayed photos of the site and surrounding
area and entered the favorable recommendation of the Planning Commission into the record as
written.
la Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements. He stated the property is accessed from County Roads
(CR) 28 and 1 by Access Permit, AP17-00649, which stipulates to use CR 1 for Lot A, with a new
agricultural access planned on CR 28 for Lot B. He further stated CR 1 is a paved collector
roadway with an average daily traffic count of 6,993 vehicles and 8% trucks, and CR 28 is a gravel
collector road with no recent traffic count data.
el Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements. She stated the Change of Zone does not affect drainage on the site.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the site will be served by the Longs Peak Water District and a septic system,
and staff has no outstanding concerns.
• Chair Moreno advised the applicant's representative that four of the five Commissioners are
present, therefore, in the case of a tie vote, Commissioner Cozad will listen to the record and
make the determining vote.
• Kelsey Bruxvoort, AGPROfessionals, represented the applicant and displayed a PowerPoint
presentation. She stated through the Amended Recorded Exemption process, Lot A will be
expanded by approximately six acres to the east. She reviewed the property zoning transition as
previously explained by Mr. Hall and added the previous zoning changes were not initiated by the
applicants.
• No public testimony was offered concerning this matter.
• In response to Commissioner Kirkmeyer, Ms. Bruxvoort stated the applicants' intended use
for Lot B is to remain Agricultural. Commissioner Kirkmeyer also requested an amendment to
COA #1.G.5 to reflect the "agricultural" access, and to delete #1.G.12, since staff should not need
to access the property for a zoning change.
El In response to Chair Moreno, Ms. Bruxvoort indicated she and the applicants have reviewed,
and agree to abide by, the Conditions of Approval, as amended.
2018-0883
PL2541
HEARING CERTIFICATION - JAMES AND JUDY DOCHEFF (COZ17-0007)
PAGE 3
El Commissioner Kirkmeyer moved to approve the request 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, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record and amended. The
motion was seconded by Commissioner Freeman, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:21 a.m.
This Certification was approved on the 9th day of April, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datituA) p• .,�".►��
Weld County Clerk to the Board
BY /CJ«Lo�. Ri
eputy Clerk to the Board
can P. Conway
APPROVED
County Attorney
Date of signature: C-Itt°►f(P'
CUSED
Steve Moreno, Chair
arbara Kirkmeyer, Pro -Tern
ie A. Cozad
Mike Freeman
2018-0883
PL2541
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