HomeMy WebLinkAbout20022885.tiff n r�
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone(970) 353-6100, Ext. 3540, Fax(970)304-6498
CHANGE OF ZONE APPLICATION
App. Ch'd By: Case Number:
App. Fee: Receipt Number:
Record. Fee: Receipt Number:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
LEGAL DESCRIPTION: The SW4 of Section 21, T6N, R66W of the 6th P.M., Weld County, Colorado
PARCEL NUMBER: 080521000053, 080521000052 & 080521000006
Property Address(if available): 14441 WCR 66, Greeley, CO 80631
PRESENT ZONE: A(Agricultural) PROPOSED ZONE: E (Estate)
TOTAL ACREAGE: 160, more or less OVERLAY ZONES: N/A
SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR REZONING:
Name: Harold & Doris Buxman Home Telephone#: (970) 356-3710
Address: 14441 WCR 66, Greeley, CO 80631
Name: Don & Lisa Buxman Home Telephone#: (970) 371-1497
Address: 2478 N. 35th Avenue, Greeley, CO 80634
APPLICANT OR AUTHORIZED AGENT(if different than above).
Name: Robb Casseday, AgPro Environmental Services, LLC Phone: (970)535-9318
Address: 4311 Highway 66, Suite 4, Longmont, CO 80504
I hereby state that all statements, proposals or plans submitted with this application are true and correct to the
best of my knowledge.
ignature: O er or Authorized Age
EXHIBIT
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2002-2885
REZONING QUESTIONNAIRE
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1. How is the proposed rezoning is consistent with the policies of the Weld County Code,Chapter 22? If the
proposed rezoning is not consistent with the Comprehensive Plan, explain how the proposed rezoning
will correct what the applicant perceives as faulty zoning,or how the proposed rezoning will fit with what
the applicant perceives as the changing conditions in the area.
The Weld County Code, Comprehensive Plan, Goals and Policies,Chapter 22,Goal 1 states that
the preservation of prime farmland is one of the primary goals. The lot being considered for
rezoning is currently a small agriculture property designated prime and irrigated non-prime
farmland that is cut off to the west by County Road 29, to the east by a drainage ditch and to
the south by a residential estate lot. It has been difficult to farm because of these barriers.
Tractor and irrigation rows are short and require a more intense farming schedule. There is
another minor subdivision one mile south as well as several residences nearby. The owners
desire to make better use of the property.
The Weld County Subdivision Ordinance states, "The design and development of subdivisions
shall preserve insofar as it is possible,the natural terrain,solar access,views,natural drainage,
existing topsoil, and trees." There will be a 15-foot setback on the west side of the existing
drainage ditch in order to protect wildlife and aquatic environments. There are no existing trees
on the site at present. The existing site grades will remain, however some of the building
envelopes may require fill to raise the floor level if basements are desired.
The proposed subdivision is located in close proximity to an existing dairy. It should be noted
that the applicant is also the owner of the dairy. Any conflicts with potential lot buyers and
owners will be directly addressed with the developer and owner of the proposed subdivision.
This should alleviate any potential problems associated with compatibility issues. The final
Plat will place the current "Weld County's Right to Farm" as provided in the Weld County
Comprehensive Plan in order to make future owners aware of the agricultural uses existing in
the area.
The Weld County Land Use Regulations states that "The minor subdivision procedure is a
process for development and review of subdivision proposing a maximum of nine (9) lots,
excluding those outlots which will not be used for residential purposes." Lot A (RE 2339)
would be considered in the minor subdivision requirement.Lot A will not,however,be part of
the proposed subdivision. The proposed subdivision will total eight(8)lots to maintain a"non-
urban scale." Lot B(RE 2339)will be amended to include the East half of the SW%of Section
22 becoming Lots B and C. Lot B will be the eight(8) lot subdivision and Lot C will remain
zoned A (Agriculture).
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses?
Include a description of existing land uses for all properties adjacent to the subject property.
The proposed subdivision lots are North of an existing residence built on 2.94 acres. The
proposed lots average 2.5 acres with similar development capabilities—residential estate use
with outbuildings and small animals. The surrounding agriculture and farm animal uses will
compliment this type of development.
3. Will the property use a septic system or public sewer facilities?
Proposed septic systems.
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4. Who will provide adequate water, including fire protection, to the property?
North Weld County Water District has committed to additional taps. See letter included in this
application.
5. Does the property have soils with moderate or severe limitations for construction? If yes, the applicant
shall submit information, which demonstrates that the limitations can be overcome.
There are no soils limitations on this property. See Soils Report prepared by CDS Engineering
Corporation, November 20, 2000. "The site is suitable for the construction of the proposed
residences,provided the design criteria and recommendations given in this report are met"
6. Is the road and/or highway facilities providing access to the property(ies) adequate to meet the
requirements of the proposed zone district? If not,the applicant shall supply information demonstrating
the willingness and financial capability to upgrade the road and highway facilities.
The Weld County Department of Public Works has designated Weld County Road 29 as a
"gravel road at which fugitive dust is a concern." The applicants have agreed to a
recommendation by the Department that the road be designated for paving by the County and
the applicant will escrow, upon sales of each lot, 35%of the costs to pave WCR 29 across the
frontage of the subdivision and Lot A of RE 2339 north to Highway 392. The proposed
agreement between the County and the applicants will be binding for a period of 10 years. If at
that time the County has not paved WCR 29, the escrowed funds will be reimbursed to the
applicants. A traffic study is not required. See attached letter of the proposed agreement.
7. Is there a sand,gravel, or other mineral resource on or under the subject property? If so, the applicant
shall provide a mineral resource statement prepared by a certified geologist or other qualified expert. The
statement shall indicate the estimated quantity of resources and the economic feasibility of recovery,now
and in the future, of the resource(s) so that the Planning Commission and Board of County
Commissioners can determine whether a commercial mineral deposit is contained on or under the
subject property(ies)as defined by Colorado Revised Statute.
There are no sand or gravel resources on or under the subject property. There is oil and gas,
please see letters sent to the respective companies.
8. Is the change of zone area located in a Flood Hazard Overlay District?
The change of zone area is not located within the Flood Hazard Overlay District.
9. Is the change of zone area located in a Geologic Hazard Overlay District?
The change of zone area is not located within the Geologic Hazard Overlay District.
10. Is the change of zone area located in the AP (Airport) Overlay District?
The change of zone area is not located within the AP(Airport) Overlay District.
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SUMMARY OF CONCERNS IDENTIFIED
DURING SKETCH PLAN APPLICATION PROCESS
1. The Office of the State Engineer, Division of Water Resources, in their referral stated that insufficient
evidence has been provided to show that the proposed water supply can be provided without causing
injury to existing water rights. The Office of the State Engineer indicated that it would need more detailed
information regarding the irrigation water distribution system that would transfer water from the existing
irrigation holding pond.
The proposed irrigation system pumping water to the individual lots has been abandoned. The
holding ponds are stormwater and irrigation tail water runoff ponds. The storm water pond for
the adjacent property is an evaporation system. Water is released from the west tail water pond
to ditches, which transfer it to the Poudre River.
2. The Weld County Department of Public Health and Environment indicated that due to soil conditions,the
applicant should have a site evaluation (percolation test and a logged profile pit/hole to 10 feet)
conducted on each of the lots in the approximate location of each septic system.
See attached test results. The engineer has suggested that results look favorable for Septic
system designs.
3. The Weld County Department of Public Works stated in their referral that Sunshine Lane be indicated as
two 12' lanes(paved)with 4' gravel shoulders on the Change of Zone Plat.
Indicated as such on Plat.
4. The Weld County Department of Public Works indicated that Weld County Road 29 is not paved and that
traffic counts will exceed 200 with the proposed lots,which is a level at which fugitive dust is a concern.
The applicant is required to enter into an agreement with the County to proportionately share the cost of
paving WCR 29.
The applicant will enter into an agreement with the County to will escrow, upon sales of each
lot, 35% of the costs to pave WCR 29 across the frontage of the subdivision and Lot A of RE
2339 north to Highway 392. The proposed agreement between the County and the applicants
will be binding for a period of 10 years. If at that time the County has not paved WCR 29, the
escrowed funds will be reimbursed to the applicants. See attached letter of a proposed
agreement with Weld County.
5. The Weld County Sheriff's Office indicated a concern that there is no secondary access road into the
subdivision.
The applicant has been directed by the Weld County Department of Public Works to have only
one access to WCR 29.
6. The Weld County Department of Public Works indicated concerns with the proposed relocation of the
existing swale and combining irrigation and storm water detention within the existing irrigation ponds that
are located off-site. Drainage information addressing the 100-year storm and the limits of inundation
showing all structures one foot above the 100-year storm flow elevation should be shown on the final plat.
The relocation of the existing swale plans has been abandoned. The drainage swale will remain
in it's current location and tail water from surrounding fields will continue to flow through the
ditch as it exists. The drainage plan has been modified to show this condition and address the
100-year flood contours.
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7. The Eaton Fire Protection District indicated that the developer will need to coordinate with the North Weld
County Water District in regards to the spotting of the fire hydrants.
Fire hydrant locations are indicated on the plat.
8. Future submittals shall include the delineation of utility easements on each lot as required.
Indicated as such on plat.
9. The Weld County Department of Public Works has required that all landscaping in the intersection sight
distance triangles be less than 3.5 feet high at maturity.
Indicated as such on plat.
10. The Weld County Planning Staff has indicated that the applicant address how the impact of eight
residential lots would be compatible with existing surrounding land uses including the neighboring use by
right Buxman Dairy operation and a cattle feedlot operation for up to 100 head located in the east%3 of
the SE 1/4 of Section 21 T6N R66W.
The Buxman family owns the dairy and cattle operations. It will be their responsibility to satisfy
the complaints from the same homeowners to whom they will be selling lots. The covenants
will allow small animal ownership and maintenance on the subdivision lots. The character of
the subdivision will be agriculture and FFA,county fair or other animal raising needs. The Plat
contains "Weld County's Right to Farm"statements describing the hazards of living in the
country. Potential homebuyers will be able to read and understand the liabilities of buying and
living in rural agriculture surroundings.
It is the intent of the Buxman's to continue the use of Best Management Practices at the Dairy
to mitigate potential problems with odors and pests. It is in their best interest to make the
surrounding environment compatible with the development that they are proposing. They will
continue to participate in the Home Owner's Association and maintenance of the street and
access roads keeping them in constant communication with the lot owners.
There is a proposed development property less than one mile to the East of this subdivision.
The Poudre Ridge development will include Industrial/Commercial, single family residential,
multifamily residential,elementary school and neighborhood center sites. The developers have
requested that the City of Greeley consider the property location for inclusion in the Mid-range
Expected Growth Area. When developed, the City of Greeley municipal services will be
extended to with a mile or less of the Buxman property. The Buxman property is currently
within the City of Greeley's Municipal Area of Influence.
The Buxman's are aware of and sensitive to the encroaching developments and the potential
for future environmental conflicts. Developing their own lots will help them to maintain a
neighboring relationship compatible with residential estate properties.
11. The intent of"Weld County's Right to Farm"shall be incorporated into the Buxman Estates covenants.
Indicated in covenants to be submitted with the Final Plat.
12. The City of Greeley has indicated that the proposal does not comply with the Greeley 2020
Comprehensive Plan.
The development is located within the City of Greeley's Municipal Area of Influence and 20+
year, Long Range expected Growth Area. Therefore, policies within the City of Greeley
Comprehensive Plan apply. However,the development of urban scale lots is not feasible at this
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time because of the lack of municipal services. Residential Estate zoning is the appropriate use
of the land until municipal boundaries and municipal services are extended. Most of the
concerns of the City of Greeley can be addressed at a later date when these services are
extended into these areas. The City's referral has suggested that the development is an
example of"urban sprawl,"however, the development is on the northern edge of the Long
Range expected Growth Area and it would be good planning practice to merge high density lots
with county"Agriculture"zoned property by separating them with larger"Residential Estate"
development.
13. The applicant shall include a copy of an agreement with the properties mineral owners, stipulating that
the oil and gas activities have adequately been incorporated into the design of the site.
A copy of the agreement with the mineral owners is included. Access roads to well heads are
being protected with easements through the northern two lots of the proposed subdivision
(Lot B)and through Amended Lot C. Agreements currently do not include locations of specific
easements.
14. The applicant shall indicate building envelopes on proposed Lots that are outside of the 150-foot setback
from the existing wellhead and the 200-foot setback for the existing tank battery on the property.
Indicated on plat.
15. A completed improvements Agreement addressing road construction and maintenance,landscaping and
maintenance,utility extension,signage,and any other applicable elements of the minor subdivision shall
be submitted for review and approval prior to the Final Plat.
Will be completed prior to Final Plat.
16. The West Greeley Soil Conservation District recommends that the applicant does an on site soils test
prior to any construction.
Soils tests for individual lots will be required as per the District's recommendation and written
into the covenants.
17. The State of Colorado Department of Natural Resources,Geological Survey recommends that lot-specific
geotechnical investigations determine foundation designs, include foundation perimeter drains on each
lot, and ISDS design be engineered depending on measured percolation rates.
Soils tests will be required and foundation perimeter drains will be installed on each lot. The
required tests and drains will be described in the subdivision covenants.
18. After reviewing the Minor Subdivision Sketch Plan proposal, it is the opinion of the Department of
Planning Services staff that the Minor Subdivision Sketch Plan proposal fails to comply with the Weld
County Code for the reasons identified above.
The concerns from each of the referral agencies has been addressed and corrected as
requested. The lot drainage problems associated with water rights have been removed from
the revised Plat. The concerns of the State Engineer that the applicant did not demonstrate that
the proposed water supply can be supplied from the holding ponds will no longer be a factor in
the design of the eight lots. The applicants have demonstrated that the proposal will be
compatible with the surrounding land uses and they will control through a covenant all of the
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required design and maintenance needs.
The applicants have demonstrated the desire to develop to the strict standards of the County
and provide a needed land use of the quality and detail needed. Therefore, we respectfully
request that Weld County's Planning Staff, agencies and Boards approve the request for a
Change of Zone of the Buxman property.
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FROM :ERTON FIRE ^ FAX NO. :970-454-2164 �t9ay. 13 2002 09:0BRM P7
EATON FIRE PROTECTION DISTRICT
221. 1ST STREET EATON COLORADO 80816
two-4P.4-2110
BARRY A. ZEITLIN FAX -' -81A4
CHIEF OF DEPARTMENT
May 13,2002
Mr. Robb Casseday
Environmental Services,LLC
4311 Highway 66,Suite 4
Longmont,CO 80504
This letter is to confirm the meeting at the Eaton Fire Protection District May 10, 2002.
• The request for duce fire hydrants was reduced to two spaced 600 feet apart or as
close to that distance as possible depending on placement by the North Weld
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County Water District.
• The request for a fire flow for 1,000 gpm was reduced to 500 gpm based on
discussion with North Weld County Water District Representative attending this
meeting and the low density rural residential zoning plan.
Respect ly yours,
A. Zciyt
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: April 17, 2002
1111 H Street, P.O. Box 758, Greeley, CO 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
1. Applicant Name Buxman Estates Phone(970) 535-9318
Address 14441 WCR 66 City Greeley, State Colorado Zip 80631
2. Address or location of access WCR 29
Section 21 Township 6N Range 66W
Subdivision Block Lot
Weld County Road #29 Side of Road East Distance from nearest intersection 1000 FEET
3. Is there an existing access to the property? Yes No X
4. Proposed Use: Subdivision
5. Site Sketch
Legend for Access Description:
AGR= Agricultural . r
RES = Residential ��.,�
O&G = Oil & Gas
D.R. = Ditch Road
******************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
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4311 Highway 66, Suite 4
Longmont, CO 80504
�-. Office (970) 535-9318
Denver(303) 485-7838
Fax: (970) 535-9854
ENVIRONMENTAL SERVICES, LLC
July 1, 2002
Weld County Planning Services
1551 N. 17th Avenue
Greeley, CO 80631
To Whom It May Concern:
This letter is written as a"letter of understanding that Harold C. and Doris F.
Buxman, Don and Lisa Buxman, owners of the property described below are filing
for a Change of Zone with Weld County Planning Services to develop an eight(8)
lot residential Minor Subdivision and intend to participate in the paving of WCR 29.
Enclosed is a drawing of the proposed development. As can be seen on the drawing,
it is intended that WCR 29 be paved from the southern part of Lot A of the Recorded
Exemption#2339, north to State Highway 392.
Discussions with the Department of Public Works have resulted in the decision that
the owners are responsible for 35%of the costs to pave WCR 29. The owners
intend to enter into an agreement to escrow, upon the sales of each lot,that portion
of the 35%of the estimated costs of construction of the pavement. This money will
be paid to Weld County Department of Public Works at the time of paving of the
Road unless that time period should exceed 10 years. At the end of 10 years, the
escrowed money will be returned to the Buxman's and the County will become
responsible for pavement costs without participation from the Buxman's.
It is estimated that WCR 29 would be paved with 3 to 3 %1"asphalt on 6"base.
There would be 24' wide pavement with 4' shoulders on each side of the roadway.
The total pavement construction costs to Highway 392 from Lot A north, is
estimated to cost approximately$100,000 and would be charged against the nine (9)
lots that it serves.
Your "Pro Ag"Environmental Professionals
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July 7, 2000
Page 2
Legal Description: Lot B of recorded exemption No. 0805-21-3-RE 2339, according
to the recorded plat thereof, situated in the West Half of the Southwest Quarter of
Section 21, Township 6 North, Range 66 West of the 6th P.M., County of Weld,
State of Colorado.
Sincerely,
/
fer A� &44
Robb Casseday, Owners Representative
Architect, Land Planner
Cc: File
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