STATE OF COLORADO ) COUNTY OF ADAMS ) At a regular meeting of the Board of County Commissioners for Adams County, Colorado, held at the Administration Building in Brighton, Colorado on the 2 nd day of June, 2008 there were present: Alice J. Nichol Larry W. Pace W.R. Fischer Hal B. Warren Kristen Hood, Deputy Chairman Commissioner Commissioner County Attorney Clerk of the Board when the following proceedings, among others were held and done, to-wit: ZONING HEARING DECISION - CASE #PRJ2008-00002 BERGMAN #2 WHEREAS, on the 2 nd day of June, 2008, the Board of County Commissioners, held a public hearing on the application of Robert Bergman, Case #PRJ2008-00002; and, WHEREAS, this case involved an application for: 1) Rezoning from A-3 Agriculture to A-1, Agriculture and 2) Minor Subdivision (Final Plat) to create two lots in the A-1 Zone District on approximately 7.46 acres on the following described property: LEGAL DESCRIPTION: PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 3; THENCE N89 42 46 E ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 3, A DISTANCE OF 1215.12 FEET; THENCE N00 22 09 W PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 3, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00 22 09 W A DISTANCE OF 706.00 FEET; THENCE N89 42 46 E, A DISTANCE OF 460.00 FEET; THENCE S00 22 09 E, A DISTANCE OF 706.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO 7 AS DESCRIBED IN RECEPTION NO. 2008000006666, ADAMS COUNTY RECORDS; THENCE S89 42 46 W ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 460.00 FEET TO THE POINT OF BEGINNING. CONTAINS 7.455 ACRES MORE OR LESS. APPROXIMATE LOCATION: 19211 E. 160 th Ave. WHEREAS, substantial testimony was presented by members of the public and the applicant; and, WHEREAS, the Adams County Planning Commission held a public hearing on the 8 th day of May, 2008, and forwarded a recommendation of APPROVAL to the Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, County of Adams, State of Colorado, that based upon the evidence presented at the hearing and the recommendations of the Department of Planning and Development and the Planning Commission, the application in this case be hereby APPROVED based upon the following findings of fact and subject to the fulfillment of the following conditions by the applicant: Findings of Fact: 1. The Zoning Map amendment is consistent with the Adams County Comprehensive Plan. 2. The Zoning Map amendment is consistent with the purposes of these standards and regulations. 3. The Zoning Map amendment will comply with the requirements of these standards and regulations. 4. The Zoning Map amendment is compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, not detrimental to the future development of the area and not detrimental to the health, safety or welfare of the inhabitants of the area and the county. 5. The final plat is consistent and conforms to the approved preliminary plat. 6. The final plat is in conformance with the subdivision design standards. 7. The applicant has provided evidence that a sufficient water supply has been acquired in terms of quantity, quality and dependability for the type of subdivision proposed, as determined in accordance with the standards set forth in the water supply standards. 8. The applicant has provided evidence that a public sewage disposal systems has been established and, if other methods of sewage disposal are proposed, adequate evidence indicating that the system complies with state and local laws and regulations. 9. The applicant has provided evidence to show all areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified by the applicant and the proposed uses of these areas are compatible with such conditions. 10. The proposed or constructed drainage improvements are adequate and comply with these standards and regulations. 11. Adequate public facilities or infrastructure, or cash-in-lieu, for impacts reasonably related to the proposed subdivision have been constructed or financially guaranteed through cash-inlieu or a subdivision improvements agreement so the proposed subdivision will not negatively impact the levels of service in the county. Condition 1. The applicant shall comply with all requirements of the Brighton Fire District as stated in their letter dated February 26, 2008 Notes to the Applicant 1. The applicant shall adhere to all fire, animal, health, zoning and building issues 2. The applicant will be responsible for meeting any requirements imposed by CDOT relating to access to State Highway 7 as outlined in their email dated February 22, 2008. 3. A site grading and drainage plan may be required prior to additional development. 4. In the event that future site development exceeds 1 acre of disturbance, a storm water management plan (SWMP) and CDPS permit shall be required.
Upon motion duly made and seconded the foregoing resolution was adopted by the following vote: Nichol Aye Pace Aye Fischer Aye Commissioners STATE OF COLORADO ) County of Adams ) I, Karen Long, County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Brighton, Colorado this 2 nd day of June, A.D. 2008. County Clerk and ex-officio Clerk of the Board of County Commissioners Karen Long: By: Deputy