HomeMy WebLinkAbout20120266.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ11-0002, FROM PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT, WITH E (ESTATE) USES, TO
A (AGRICULTURAL) ZONE DISTRICT - CAPITAL WEST NATIONAL BANK
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 1st day of February, 2012, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Capital West National
Bank, 2108 Milestone Drive, Fort Collins, Colorado 80525, requesting a Change of Zone,
CZ11-0002, from the PUD (Planned Unit Development) Zone District, with E (Estate) Zone
uses, to the A (Agricultural) Zone District for a parcel of land located on the following described
real estate, to-wit:
Lot B of Amended Recorded Exemption #1452;
being part of the SW114 of Section 4, Township 6
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was represented by Paul Hoffman, 405 Mason Court,
Suite 111, Fort Collins, Colorado 80524, 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 23-2-30.A.1 - The proposal is consistent with Chapter 22 of the
Weld County Code.
b. Section 23-2-30.A.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.
c. Section 23-2-30.A.3 - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. North Weld County Water District (NWCWD) can serve the
property. There is no irrigation water.
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d. Section 23-2-30.A.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The Colorado Department of Transportation (CDOT)
requires 100 feet of right-of-way on each side of the section line. CDOT
has issued access permits to the property. Corresponding permit
numbers are 411060 and 411066; permit No. 411067 will be vacated.
e. Section 23-2-30.A.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 23-2-30.A.5.a — This property is not located in an overlay
district, e.g. floodplain, geo-hazard, airport, etcetera.
2) Section 23-2-30.A.5.b — This property is not suitable for sand and
gravel operations or mineral extraction. The proposed change of
zone will not preclude or prohibit the future extraction of a mineral
deposit such as oil and gas.
3) Section 23-2-30.A.5.c — There are some pockets of soil that have
moderate limitations with a very small area designated severe.
However, most of the property has slight soil conditions that do
not need to be addressed during the change of zone. If the
property was rezoned to more urban-scale development and
suitable to housing, the soils should be evaluated.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Capital West National Bank for a Change of
Zone, CZ11-0002, from the PUD (Planned Unit Development) Zone District, with E (Estate)
Zone uses, to the A (Agricultural) Zone District on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ11-0002.
B. The plat shall adhere to Sections 23-2-50.C and 23-2-50.D of the Weld
County Code.
C. All recorded easements shall be shown and dimensioned on the Change
of Zone plat.
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D. All approved accesses shall be delineated on the plat.
E. State Highway 257 requires 100 feet of right-of-way on each side of the
centerline at full buildout. There is presently 40 feet of right-of-way. A
total of 35 feet of additional right-of-way was reserved on 2nd Amended
Recorded Exemption No. 1452. An additional 25 feet of right-of-way shall
be delineated on the Change of Zone plat.
F. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for A (Agricultural) uses which shall
comply with the A (Agricultural) Zone District requirements as set
forth in Chapter 23, Article III, Division 1, of the Weld County
Code.
2. Any future structures or uses on the site must obtain the
appropriate zoning and building permits.
3. Building permits shall be obtained prior to the construction of any
new building. A plan review is required for each building. Plans
shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying
for each permit.
4. New buildings shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2006 International
Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2011 National Electrical Code, and
Chapter 29 of the Weld County Code.
5. Effective April 25, 2011, building permits issued on the proposed
lot will be required to adhere to the fee structure of the County-
Wide Road Impact Fee Program.
6. Effective April 25, 2011, building permits issued on the proposed
lot will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee Programs.
7. Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval stated herein and
all applicable Weld County regulations.
8. The historical flow patterns and runoff amounts will be maintained
on the site in such a manner that it will reasonably preserve the
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natural character of the area and prevent property damage of the
type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm
runoff.
9. 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 plat.
G. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
3. Upon completion of Conditions of Approval #1 and 2 above, 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 Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar plat and additional requirements shall be submitted
within sixty (60) 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 sixty (60) days of approval by the Board of County
Commissioners. The Department of Planning Services respectfully requests a
digital copy of this Change of Zone, as appropriate. Acceptable CAD formats are
.dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView
shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
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CHANGE OF ZONE (COZ11-0002) - CAPITAL WEST NATIONAL BANK
PAGE 5 - DRAFT
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
Sean P. Conw�.y, Chair
Weld County Clerk to the Board /
ELa illiam F. G rcia, Pr -Tern
BY: G
Deputy C rk to the Boar M1 1 )c)Loa-
arbara Kirkmeye
B
A E FORM: ff
fti
®� David L-'L.gi `r
ounty Attorney /4 �r1�Lti
Douglaakademacher
Date of signature: 9. .1 2-
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