HomeMy WebLinkAbout20120267.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Bill Hall, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: COZ11-0002
APPLICANT: CAPITAL WEST NATIONAL BANK
PLANNER: TOM PARKO
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)ZONE
DISTRICT,WITH ESTATE USES,TO THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B AMD REC EXEMPT RE-1452; PART SW4 SECTION 4, T6N, R67W of
the 6th P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO HWY 257; NORTH OF COUNTY ROAD 72.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County
Code.
B. Section 23-2-30.A.2. -The uses which would 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.
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 Nos. are 411060 &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, etc.
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.
• This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
EXHIBIT
2012-0267
RESOLUTION COZ11-0002
CAPITAL WEST NATIONAL BANK
PAGE 2
• The Change of Zone from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone
District is conditional upon the following:
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. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ11-0002. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and 23-2-50.D of the Weld County Code.
(Department of Planning Services)
C. All recorded easements shall be shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services, Department of Public Works)
D. All approved accesses shall be delineated on the plat. (Dept. of Planning Services)
E. State Highway 257 requires 100 feet right-of-way on each side of the centerline at full build
out. There is presently 40 feet of right-of-way. A total of 35 feet of additional right-of-way was
reserved on 2n° 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 Article Ill Division 1 of the
Weld County Code. (Department of Planning Services)
2. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
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. (Department of Building Inspection)
4. New buildings shall conform to the requirements of the various codes adopted at the
time of permit application. Currently, the following has 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. (Department of Building Inspection)
5. Effective April 25, 2011, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance
2011-2)
6. Effective April 25, 2011, Building Permits issued on the proposed lots, will be
required to adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee. (Ordinance 2011-2)
• 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
RESOLUTION COZ11-0002
CAPITAL WEST NATIONAL BANK
PAGE 3
• property complies with the Conditions of Approval and Development Standards
stated herein and all applicable Weld County regulations. (Department of Planning
Services)
8. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm run-off.
(Department of Public Works)
9. Weld County is one of the most productive agricultural counties in the United States,
typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural
area must recognize and accept there are drawbacks, including conflicts with long-
standing agricultural practices and a lower level of services than in town. Along with
the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness,wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which
attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users into
a rural area. Well-run agricultural activities will generate off-site impacts, including
noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust
from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
• hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife;and
the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
It is common practice for agricultural producers to utilize an accumulation of
agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual
disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S.,
provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way"of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square
miles in size(twice the size of the State of Delaware)with more than three thousand
seven hundred (3,700) miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is
usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for
• several days after a major snowstorm. Services in rural areas, in many cases, will
not be equivalent to municipal services. Rural dwellers must, by necessity, be more
self-sufficient than urban dwellers.
RESOLUTION COZ11-0002
CAPITAL WEST NATIONAL BANK
PAGE 4
• People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sandburs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
G. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 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 Department of Planning Services' Staff. 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 thirty(60)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
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.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 CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are .shp(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning
Services)
• 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 the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
•
RESOLUTION COZ11-0002
CAPITAL WEST NATIONAL BANK
PAGE 5
•
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 17, 2012.
Dated the 17th of January, 2012.
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Kristine Ranslem
Secretary
•
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believes it is the right place for it. However there are issues that haven't been addressed and need to be. He
• believes that staff can address those issues but there is not a public process tied to the potential impacts of
something like this and he has concerns about that. He definitely supports private property rights. Given that
at this point he still has some questions concerning public safety.
Commissioner Holton commented that we have all talked about the need for shovel ready ground and that is
what this zoning gives this property. Being next to the rail it will get developed. He trusts staff to make some
of the decisions and he has seen the decisions from staff to make things right including traffic studies and
impacts of the use.
The Chair read the following case into record.
CASE NUMBER: COZ11-0002
APPLICANT: CAPITAL WEST NATIONAL BANK
PLANNER: TOM PARKO
REQUEST: CHANGE OF ZONE FROM THE PUD(PLANNED UNIT DEVELOPMENT)ZONE
DISTRICT,WITH ESTATE USES,TO THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B AMD REC EXEMPT RE-1452; PART SW4 SECTION 4,T6N, R67W of
the 6th P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO HWY 257; NORTH OF COUNTY ROAD 72.
Tom Parko, Planning Services, stated that the property boundary is approximately 71 acres and is comprised
of one (1) lot associate with 2nd Amended RE-1452.
The Change of Zone is not part of a platted county subdivision. However, the property is associated with
Change of Zone#545 formally known as Falcon Ridge. Change of Zone#545 was approved for 38 residential
estate lots. The developer, Mr. Bret Larimer was not able to carry through with the entitlement process and
proceed to the Final Plan. The property was eventually turned over to Capital West who is now in possession
of the property.
• Following discussions with the Bank they indicated that they have no intensions to develop the property, let
alone carry it through the Final Process. The Bank is currently working with prospective buyers who would like
to purchase the property.
Staff is basing comments and a recommendation of the following code section which are similar to the last
case with the exception that Chapter 22 will reference Sections 22-2-10 through Sections22-2-20 and Chapter
23 will deal with Sections 23-3-10 through Sections 23-3-40.
• Section 23-2-40.A has been met. This deals with public notification requirements.
• Section 23-2-40.B is to ensure that the proposal is consistent with the goals and policies of Chapter
22. The Change of Zone should ensure that the uses will be compatible with the surrounding land
uses; that there is adequate water and sewer service; that there is access and highway facilities in
place to accommodate current and future uses; to verify that the Change of Zone is associated with
any overlay districts, that the Change of Zone will not prohibit the use of any commercial or other
viable resource development; and to ensure that the soil conditions are suitable for future buildings,
etc.
With respect to Chapter 22 and the policies therein, staff generally agrees that the Change of Zone meets the
policies for the agricultural zone. There are several subdivisions in the area and one of the subdivisions is
located in the Town of Windsor to the south. Most of the subdivisions are located in PUD's with Estate Uses.
There is a church located to the south on County Road 72 and there are also several rural residential and
agricultural zoned properties on recorded exemption lots.
It is Staffs understanding that the Change of Zone back to agriculture is to market the property for potential
• agricultural buyers. If the Change of Zone is approved the owner's zoning will include all the uses found in
Chapter 23 Article III Division 1 Sections 23-3-10 through Sections 23-3-40.
EXHIBIT
Ci7Ef(-DD02
If the Change of Zone is approved future land uses would either fall under a use by right or a Use by Special
Review.
• This property is adjacent to State Highway 257 which is paved. Current access is permitted via access
permits issued through CDOT. CDOT will continue to allow access to the site.
Number of employees proposed to be employed at this site is unknown. If the Change of Zone is approved
the applicant or owner will be required to submit a USR depending on the use.
Hours of operation is also not known at this time but can be evaluated when the owner or applicant submits a
future application.
The proposed site is located within the three-mile referral areas of the Town of Windsor and Severance. The
Town of Windsor submitted comments on the case but stated that they have no objections and the Town of
Severance did not respond.
Sixteen referral agencies have reviewed this case and eight offered comments, some with specific conditions.
Staff received one inquiry about the Change of Zone. The inquiry was a call from a resident living in one of
the adjacent subdivisions. However, staff has not received any formal correspondence in either favor or
against this case by phone or email.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval.
Don Carroll, Public Works, stated that there are no concerns with this request. There are three(3)accesses
from State Highway 257. They have included a statement to keep the noxious weeds down on the property.
Mary Evett, Environmental Health, stated that staff has no concerns with this request. The applicant submitted
• an"Able to Serve"letter from the North Weld County Water District. When the site is developed they will deal
with the septic permits at that time.
Paul Hoffman, represents Capital West National Bank, 2108 Milestone Drive, Ft. Collins, CO, and stated
that the Bank took the property back from the former owner and found that the highest and best use and
the most likely buyer would want to buy this property as agricultural. He understands that this property
was previously farmed.
Commissioner Berryman asked if there are water rights on the property. Mr. Hoffman said that there are
some water shares that are independent of the property that they do control and believes that they could
be used to irrigate the farm. The prospective buyer would get the water rights with it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Conditions of Approval and if they are in agreement with
those. The applicant replied that they are in agreement.
Bill Hall moved that Case COZ11-0002, be forwarded to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commission's recommendation of approval, seconded by Jason
Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand,yes with comment; Bill Hall, yes;Alexander Zauder, absent;
Jason Maxey,yes; Benjamin Hansford, yes; Mark Lawley, yes;Tom Holton,yes. Motion carried unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. Brad Yatabe,
• County Attorney, stated that he researched the question from Mr. Grand regarding terms on the Planning
Commission. He added that the Board of County Commissioners would like to have further discussion on this
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issue. He said that on the February 7, 2012 meeting he will have more information.
. Meeting adjourned at 4:17 pm.
Respectfully submitted,
r L, 1-Ard-t;ei
Kristine Ranslem
Secretary
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