HomeMy WebLinkAbout20120277.tiff HEARING CERTIFICATION
DOCKET NO. 2012-06
RE: CHANGE OF ZONE, COZ11-0002, FROM THE PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT, WITH E (ESTATE) ZONE USES, TO THE
A (AGRICULTURAL) ZONE DISTRICT-CAPITAL WEST NATIONAL BANK
A public hearing was conducted on February 1, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair- EXCUSED
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tom Parko
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 28, 2011, and duly published
January 4, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Capital West National Bank, for Change of Zone, COZ11-0002, from the PUD
(Planned Unit Development) Zone District, with E (Estate) Zone uses, to the A (Agricultural)
Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Chair Pro-Tem Garcia advised the applicant's representative, Paul Hoffman, that he has the
option of continuing this matter to a date when the full Board will be present. However, if he
decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Conway will listen to the record and make the determining vote. Mr. Hoffman
indicated he would like to proceed today.
Tom Parko, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and gave a brief description of the location of the site. He stated the zoning was originally
changed from A (Agricultural) to PUD (Planned Unit Development) under zoning permit,
PZ-545; however, the current owner has no intentions of completing the Final Plan process or
developing the site. He reviewed the criteria of approval and surrounding land uses for the
record and explained, if this COZ is approved, the future uses would be limited to a Use by
Right or subject to a USR in the A (Agricultural) Zone District. Mr. Parko stated the access is
under the jurisdiction of the Colorado Department of Transportation (CDOT), the site is within
the three-mile referral area for the Town of Windsor, which expressed no concerns with the
proposal, and the Town of Severance did submit a referral response. He stated 16 referral
agencies reviewed the proposal and 11 indicated no conflict with their interests or offered
ct VA, PL, PW, Au. 2012-0277
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HEARING CERTIFICATION -CAPITAL WEST NATIONAL BANK (COZ11-0002)
PAGE 2
comments which have been addressed in the Conditions of Approval and Development
Standards. Mr. Parko indicated staff received one inquiry from a resident in an adjacent
subdivision; however, he offered no comments of opposition. He also reviewed a vicinity map,
the surrounding land uses, and photographs of the site and surrounding area. Responding to
Commissioner Rademacher, Mr. Parko confirmed the property is currently being farmed.
Don Carroll, Department of Public Works, stated he has verified the appropriate CDOT permits
are in place to access State Highway 257, and confirmed the site is not in a flood zone. He
stated the site will be required to control noxious weeds and maintain historical flows on the
property.
Lauren Light, Department of Public Health and Environment, stated staff will review a septic
system design if a building permit is pulled for a future residence, and the applicant has
provided a Will Serve letter from the North Weld County Water District.
Mr. Hoffman stated he did meet with two property owners who attended the Planning
Commission hearing and answered their questions, and they were very complimentary. He
stated at this time the applicant intends to run a center pivot sprinkler for ongoing crop irrigation.
No public testimony was offered concerning this matter. In response to Commissioner
Kirkmeyer, Mr. Hoffman stated the applicant intends to have the plat completed within the next
few weeks and the standard 60-day requirement is sufficient. Responding to Commissioner
Rademacher, Mr. Hoffman stated the bank determined the best opportunity for selling the
property was to revert it back to A (Agricultural) zoning, with the potential for a single family
residence. Mr. Parko added the previous plat was never completed and the cash-in-lieu of land
was never paid to the School District. Responding to Chair Pro-Tem Garcia, Mr. Hoffman
stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval
and Development Standards, as proposed.
Commissioner Long moved to approve the request of Capital West National Bank for Change of
Zone, COZ11-0002, from the PUD (Planned Unit Development) Zone District, with E (Estate)
Zone uses, 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. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:18 a.m.
2012-0277
PL1819
HEARING CERTIFICATION -CAPITAL WEST NATIONAL BANK (COZ11-0002)
PAGE 3
This Certification was approved on the 6th day of February, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: • EXCUSED
Sean P. nwa , Chair
Weld County Clerk to the Board ,�,[f�/��//
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ11-0002 - CAPITAL WEST NATIONAL BANK, C/O PAUL HOFFMAN
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 1/17/2012)
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