HomeMy WebLinkAbout20022894.tiff HEARING CERTIFICATION
DOCKET NO. 2002-82
RE: CHANGE OF ZONE #603 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E
(ESTATE) ZONE DISTRICT FOR AN EIGHT (8) LOT MINOR SUBDIVISION - HAROLD
AND DORIS BUXMAN / DON AND LISA BUXMAN
A public hearing was conducted on November 20, 2002, at 10:00 a.m.,with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated October 25, 2002, and duly published October 30,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Harold and Doris Buxman and Don and Lisa Buxman for Change of Zone #603 from the
A (Agricultural) Zone District to the E (Estate) Zone District for an eight (8) lot Minor Subdivision.
Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman,
Department of Planning Services, presented a brief summary of the proposal, which will create
eight lots on 20 acres, and he gave a brief description of the location of the site. He stated 15
referral agencies reviewed this proposal, and 11 responded with comments that have been
included in the Conditions of Approval. Mr. Gathman stated the Planning Commission
recommends denial of this application because they found it is not consistent with the
Comprehensive Plan, nor is it compatible with the surrounding uses. He stated applicants own the
existing 400-head dairy adjacent to the proposed development; however, they are allowed 548
cows as a Use by Right. He explained staff has concerns with odors, flies, and dust which may be
a nuisance to the future residents. He stated the dairy exists as a Use by Right and is not subject
to Use by Special Review regulations, and the potential negative impacts cannot be alleviated by
the Right to Farm Statement. He further stated the site is located one-half mile west of the City of
Greeley,where there are preliminary plans for the Poudre Ridge subdivision. Mr. Gathman stated,
if approved, Recorded Exemption#2339 would be amended to leave the proposed subdivision on
Lot B, and Lot C would remain in agricultural and dairy production. In response to Mr. Morrison,
Mr. Gathman briefly described the location of the proposed Poudre Ridge Subdivision for the
record. Responding to Commissioner Jerke, Mr. Gathman stated Weld County Road 29 is also
designated as 71st Avenue. Commissioner Geile expressed concern with Condition #1.D, and
commented several of the items requested by the Sheriff's Office are beyond their scope of
jurisdiction. In response to Commissioner Geile, regarding Condition#1.A.6, Mr. Gathman stated
the applicant and the Eaton Fire Department have come to an agreement regarding the placement
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of hydrants as indicated on the plat. Commissioner Geile expressed concern with the Planning
Commission's finding that this proposal is inconsistent with the Comprehensive Plan. He stated
Condition#2.O requires the establishment of a Homeowners' Association, which can include the
Right to Farm in the Covenants as a means of notifying future residents of the agricultural
operations in the area. He further stated the applicants have also expressed their desire to further
notify future residents of the dairy operation. In response to Commissioner Geile, Mr. Gathman
stated Condition #3.H has a provision that states additional information may be required beyond
the preliminary Landscape Plan. Mr. Scheltinga added that Condition#1.1 pertains to landscaping
at the entrance within the sight distance triangles, which has already been identified on the plat.
He further stated the Department of Public Works has requested the applicants enter into an
Improvements Agreement on Weld County Road 39, as well as pave the internal roadway, and
both of those items are addressed in the Conditions of Approval. Pam Smith, Department of Public
Health and Environment, stated Condition #1.C has been completed and the language can be
deleted from the Resolution.
Robb Casseday, AgPro Environmental Services, LLC, represented the applicant and stated Don
and Harold Buxman are partners on the property. He commended staff for their assistance on the
project,and stated although the Planning Commission recommended denial, he feels the proposal
meets the requirements of the Weld County Code. Mr. Casseday displayed an aerial vicinity map,
and stated the site is separated from the City of Greeley by two 80-acre parcels. He gave a brief
description of the surrounding uses, and stated the #2 Ditch has been addressed in the drainage
plan. He further stated the applicants intend to subdivide the property located north of existing
Lot A of Recorded Exemption#2339. He stated the eight lots will be accessed by a cul-de-sac off
of Weld County Road 29, and the lots will average 2.5 acres each. Mr. Casseday stated the site
is within the City of Greeley's Long Range Planning Area, and noted that the Poudre Ridge
Subdivision has only been presented as a concept to be included in the City within the next five
years for water and sewer services. He reviewed the Poudre Ridge proposal for the record, and
stated development in this area will continue to encroach on the existing dairy. He stated the
applicants plan to continue down-scaling the dairy, which is located on land which is difficult to
irrigate or farm. He stated the soils and water are suitable for home sites, there are 17 other
residences within three-quarters of a mile, and there have been no complaints regarding the dairy
operations. He explained the applicants operate a small dairy, which is half the minimum size for
Confined Animal Feeding Operation (CAFO) requirements; however, they do the appropriate
management to avoid nuisance conditions. Mr. Casseday stated in this situation the dairy owners
are also the proposed developers, and it is in their best interest to maintain an orderly dairy or they
will be unable to sell the home sites. He stated the proposal is compatible with the City's future
plans for the area, and the Estate lots will be a good transition from the City's high density to the
rural area to the north. He further stated there are no plans to expand the dairy, and the
Homeowners'Association will have Covenants which allow the lots to keep horses and animals for
4-H projects.
Harold Buxman, owner of the dairy for 39 years, stated he has no plans to expand the operation.
He stated the land is not very productive, so as they phase out the dairy, they may continue with
some livestock and raising feed. He stated he is willing to sell the cows if someone offers a fair
price for the land. Mr. Buxman stated the development site has electric utilities, and he plans to
supply his shares of Big Thompson water for taps, as well as ditch water to irrigate the lots. He
stated they have purchased a new site on Weld County Road 31 north of Road 392 where he
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intends to keep some livestock. Mr. Buxman stated they have not received complaints from their
neighbors because the site is kept clean to reduce nuisance conditions. Responding to Chair
Vaad, Mr. Buxman reiterated he and his son do not intend to expand the dairy, nor do they have
long-term plans to continue due to the poor economy.
Tom Haren, AgPro Environmental Services, stated he typically deals with dairy expansions and
relocations; however, in this instance the owner does not want to expand due to the location. He
stated there are drainage features which bisect the property, and the City of Greeley is in close
proximity and rapidly expanding which will make this a poor dairy site in the future. He stated it has
been the County's general policy to deny proposals which place a dairy and a development in close
proximity. However, in this instance the owner of the dairy is also the developer, and they have
made the conscious choice to deal with any impacts the subdivision may have on their dairy
operation. He further stated there has been no opposition to this proposal, the technical issues
have all been addressed, and they agree with the proposed Conditions of Approval. Responding
to Commissioner Geile, Mr. Buxman stated the D and B Bean Company is located one mile south
of his property, near the Lowell-Paul Dairy. Responding further to Commissioner Geile, Mr. Haren
stated their preliminary plans have incorporated a bus stop and mail pickup area as required by
Condition of Approval#3.G, as appropriate for this type of development. Mr. Casseday indicated
the proposed locations of the bus stop and mail pickup area are at the entrance to the site. He
stated they have agreed to a bus pull off, as well as paving Weld County Road 29 from the south
side of Lot A north to Highway 392, which is approximately three-quarters of a mile. He further
stated they have signed a preliminary joint agreement with the oil and gas producer to continue
providing access and appropriate setbacks for mineral extraction. Mr. Casseday stated there will
be a Homeowners'Association, adequate water to irrigate the individual lawns or pastures on the
20-acre site, and domestic water taps for the homes.
In response to Commissioner Jerke, Mr. Scheltinga stated the specifics of the Improvements
Agreement will be determined at the Final Plan phase of the development. No public testimony
was offered concerning this matter. In response to Chair Vaad, Mr. Casseday stated he and the
applicant have reviewed and agree with the Conditions of Approval as proposed and modified.
Commissioner Geile commented the letter from the Sheriffs Office cited eight items for the
applicant to address; however, he does not feel some of the issues are within the Sheriffs
jurisdiction. He stated Condition#3.G addresses the appropriate issues, and Condition#1.D can
be deleted. In response to Mr. Gathman, Mr. Morrison stated a vested property right does not
apply at the Change of Zone stage, therefore, Condition #2.B was deleted from the Draft
Resolution. Commissioner Jerke suggested Condition #2.M be modified to restrict access to the
site after full build out. Mr. Morrison stated "during development" should be to the end of the
sentence.
Commissioner Long commented this project is a model for similar situations which will likely occur
in the future,and he moved to approve the request of Harold and Doris Buxman and Don and Lisa
Buxman for Change of Zone #603 from the A (Agricultural) Zone District to the E (Estate) Zone
District for an eight (8) lot Minor Subdivision, with the Conditions of Approval as entered into the
record. His motion also included deleting Conditions#1.C and #1.D, modifying Condition#2.M to
add "during development" to the end of the sentence, and renumbering or relettering as
appropriate. The motion was seconded by Commissioner Jerke. Commissioner Geile commented
the Department of Planning Services made its recommendation based on compatibility with
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surrounding uses; however, he feels the nature of this area has changed significantly with new
sewer services being available, and the potential for development by the City of Greeley,which is
likely to happen in the near future. He further stated the infrastructure and planning are in place
for this area, and Condition #2.Q provides for a Homeowners'Association which can include the
Right to Farm Statement in the Covenants to be recorded on the plat. Commissioner Geile
commented the applicants have indicated that they recognize the potential impacts of the dairy and
the need to work with the future residents. Commissioner Jerke commented it speaks very highly
that there is no opposition to the dairy operation, and he feels this is a good location for a
development of this nature because it is not suitable for continued agricultural production. There
being no further discussion, the motion carried unanimously and the hearing was completed at
11:00 a.m.
This Certification was approved on the 25th day of November 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST: £Lh a
enn V , Ch
Weld County Clerk t i 9 oa + � k117J. E'
, . 1-- �, David E. Long, Pro-T
BY: /. A, ti
Deputy Clerk to the"Boart� ' j 1L„ EXCUSED DATE OF PPROVAL
M. J. Geile
TAPE #2002-39 "Li`' 5/I-'
Iliam H. Jerk
DOCKET#2002-82 `J &_ \U
Robert D. Masden
2002-2894
PL1635
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#603 - HAROLD AND DORIS BUXMAN/DON AND LISA BUXMAN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 09/03/2002)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter request to proceed following
recommendation of denial from Planning
Commission (10/17/2002)
F. Office of the State Engineer Letter re: Adequate Water Supply
(10/07/2002)
G. Planning Staff Photo of sign posted on site
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