HomeMy WebLinkAbout20022882.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, along with changes to 2A2, delete 2A9, delete 4C third sentence, add 4P, that the
following resolution be introduced for denial by the Weld County Planning Commission. Be it resolved by
the Weld County Planning Commission that the application for:
CASE NUMBER: CZ-603
APPLICANT: Don & Lisa Buxman
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the W2 SW4 of Section 21, T6N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to E (Estate) for an 8-lot minor
subdivision.
LOCATION: East of and adjacent to WCR 29; approximately 1/4 mile north of WCR 66.
be recommended denial to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in not in compliance with Section 23-2-30 of the Weld County Code
as follows:
A. Section 23-2-30.A.1. states "That the proposal is consistent with Chapter 22 of the Weld
County Code;if not,then that the zoning of the property under consideration is faulty,or that
changing conditions in the area warrant a Change of Zone.
Section 22-2-60.A - A.Policy 1.a states: "Agricultural zoning will be established and
maintained to protect and promote the County's agricultural industry. Agricultural zoning
is intended to preserve prime agricultural land and to provide areas for agricultural activities
and uses dependent on agriculture without the interference of incompatible residential,
commercial and industrial land uses." The proposed minor subdivision will be located
adjacent to an existing dairy. The representative for the applicant has indicated that the
existing dairy has approximately 200 head of cattle. After the proposed subdivision, the
proposed dairy could have up to 548 cattle (on 137 acres) as a use by right under the
agricultural zoning regulations. There are compatibility concerns between the proposed
subdivision and existing dairy. Dairies generate odors, flies and dust which would
adversely impact the subdivision. These impacts will not be adequately addressed by the
Weld County Right to Farm covenant because it is a simply an acknowledgment of the
impacts of agricultural uses and does not directly alleviate the impacts. Therefore, the
proposed subdivision is incompatible with the surrounding land uses and is not consistent
with Chapter 22 of the Weld County Code.
B. Section 23-2-30.A.2. states"That the uses which would be allowed on the subject property
by granting the Change of Zone will be compatible with the surrounding land uses." The
proposed subdivision will not be compatible with surrounding land uses. The proposed
subdivision is located adjacent to an existing dairy operated as a use by right in the A
(Agricultural)zone. Even though the dairy is under the same ownership as the proposed
subdivision, this dairy can cause impacts to the homeowners living within the subdivision
in the form of odors, flies and dust. The existing dairy is a use by right and is not subject
to the same requirements that a dairy approved under a special use permit is subject to.
No dust, odor or fly abatement plans are required for use by right dairy operations as are
required for dairies operated under a special use permit. As a result, the proposed S
/r" subdivision will not be compatible with the surrounding land uses.
MO m
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. 4
The Change of Zone from A(Agricultural)to E(Estate)for Eight(8)Residential Lots is conditional upon the al
intsollEes
2002-2882
Resolution CZ-603
Don Buxman
Page 2
following:
2. Prior to Scheduling Board of County Commissioners Hearing:
1. The applicant shall submit appropriate documentation to the Office of the State Engineer-
Colorado Division of Water Resources in regards to the proposed irrigation system. The
applicant shall provide evidence from the Division of Water Resources that the proposed
water supply can be provided without causing injury to existing water rights. (Dept. of
Planning Services)
3. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended to delineate the following:
1) All future signs including entrance signs, street signs and stop signs shall be
delineated on the plat. (Departments of Planning Services and Public Works)
2) A minimum of 60-feet from the centerline of Weld County Road 29 shall be
reserved for the future expansion of Weld County Road 29. (City of Greeley)
3) The typical roadway cross-section of the interior roadway shall be indicated.
(Department of Public Works)
4) The centerline radius for Sunshine Drive shall be 150-feet, while maintaining a
roadway segment of at least 100-feet perpendicular to Weld County Road 29.
(Department of Public Works)
r
5) Intersection sight distance triangles at the entrance to the development will be
required. All landscaping within the triangles must be less than 31/2 feet in height
at maturity, and noted on the change of zone plat. (Department of Public Works)
6) Location of fire hydrants shall be indicated as outlined in the referral dated July 17,
2002 from the Eaton Fire Department. (Eaton Fire Department)
7) Mailboxes and a bus pull-out is located near the eastern entrance flare and point
of ingress/egress of the Minor Subdivision. This shall be graphically delineated on
the drawings and drawn to a scale to demonstrate the detail required for evaluation
by the school district,the Sheriff's Office and the Department of Planning Services.
Further,the location and relationship to the bus pull-off,the mail box standard and
the point of ingress/egress, has not been delineated on the submitted drawings.
The Change of Zone Plat shall be amended to reflect these additions.(Department
of Planning Services)
8) The approved landscape plan. (Department of Planning Services)
B. The applicant shall provide a signed and recorded copy of the Joint Development
Agreement with Fountainhead Resources, Ltd. regarding the existing and future use of oil
and gas facilities on the property. (Department of Planning Services)
C. The applicant shall close the outstanding septic permit(SP-9500062)for Lot A of RE2339,
32186 CR 29, Greeley. Written evidence from the Department of Public Health and
Environment that the outstanding septic(SP-9500062)has been closed shall be submitted
to the Department of Planning Services. (Department of Public Health and Environment)
D. The applicant shall address the concerns of the Weld County Sheriff's Department as
stated in a referral received July 12, 2002 and incorporate remedies for these concerns.
Written evidence of a solution shall be provided to the Department of Planning Services.
Resolution CZ-603
Don Buxman
Page 3
(Sheriffs Office)
E. The applicant shall attempt to address the concerns of the Colorado Division of Wildlife as
stated in a referral dated August 5,2002.Written evidence of such shall be provided to the
Department of Planning Services. (Division of Wildlife)
F. The applicant shall attempt to address the requirements/concerns of the City of Greeley,
as outlined in the memo dated July 29,2002 from Bill Andrews, regarding the access of the
subdivision onto Weld County Road 29.Written evidence of such shall be provided to the
Department of Planning Services. (City of Greeley)
G. The applicant shall attempt to address the requirements of the City of Greeley as outlined
in a letter dated July 30, 2002. Written evidence of such shall be provided to the
Department of Planning Services. (City of Greeley)
H. The applicant shall attempt to address the concerns of the West Greeley Soil Conservation
District as outlined in a referral dated July 18, 2002. Written evidence of such shall be
provided to the Department of Planning Services.(West Greeley Soil Conservation District)
I. A revised drainage report addressing the requirements outlined in the Weld County Public
Works referral received August 21,2002 shall be submitted to the Weld County Department
of Public Works for review and approval. Evidence of Department of Public Works approval
shall be submitted to the Department of Planning Services. (Department of Public Works)
J. The Change of Zone plat map shall be submitted to the Department of Planning Services'
P"'", for recording within thirty (30) 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)
3. The Change of Zone is conditional upon the following and each shall be placed on the Change of
Zone plat as notes, prior to recording:
A. The Change of Zone allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor Subdivision
shall consist of eight (8) residential lots. (Department of Planning Services)
B. Approval of this plan may create a vested property right pursuant to Article VIII,Section 23-
8-50 of the Weld County Code. (Dept. of Planning Services)
C. Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
D. Sewage disposal shall be by septic systems designed in accordance with the regulations
of the Colorado Department of Public Health and Environment, Water Quality Control
Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. The Change of Zone site plan indicates
proposed septic areas for the location of two absorption fields. These septic areas may be
movable, provided they are of equal or greater area, meet all required setbacks, and are
documented by an affidavit of correction per Section 24-5-50 of the Weld County Code.
The lot owner shall not place any permanent landscaping,structures, dirt mounds or other
items that would interfere with the construction,maintenance,or function of the fields in the
septic areas. (Department of Public Health and Environment)
Resolution CZ-603
Don Buxman
Page 4
E. If required,the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project. (Department of Public Health and Environment)
F. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
the Weld County Health Department, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
G. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods which are technologically feasible and economically reasonable in order
to minimize dust emissions. (Department of Public Health and Environment)
H. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration,the responsible party shall prepare a fugitive dust control plan, submit
an air pollution emissions notice, and apply for a permit from the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
I. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat. (Departments of Planning Services and Public Health and
Environment)
J. Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
K. An existing operating dairy and lagoons are located adjacent to the proposed minor
subdivision,and as a result, residents may be exposed to flies,odors and dust associated
with this operation. (Department of Public Health and Environment)
L. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and Environment, and Planning Services.
(Department of Planning Services)
M. All landscaping within the sight distance triangles (as indicated on the plat) must be less
than 31/2 feet in height at maturity. (Department of Public Works)
N. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services' and Public Works 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
Development Standards stated herein and all applicable Weld County Regulations.
(Department of Planning Services)
O. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
P . A Home Owner's Association shall be established prior to the sale of any lot. Membership
in the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance,taxes and maintenance of open space,streets, private utilities and other
facilities along with the enforcement of covenants. (Department of Planning Services)
Q. Appropriate Building Permits shall be obtained prior to any construction or excavation.
(Department of Planning Services)
Resolution CZ-603
Don Buxman
Page 5
n R. No development activity shall commence on the property,
P p p rty, nor shall any building permits be
issued on the property until the final plan has been approved and recorded. (Department
of Planning Services)
S. Separate building permit shall be obtained prior to any construction. Buildings that meet
the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and
Section 29-3-20 B.13 of the Weld County Code do not need building permits, however a
Certificate of Compliance must be filed with the Planning Department and an electrical
permit is required for any electrical service to the building. (Department of Building
Inspection)
T. A plan review is required for each building except for Ag Exempt buildings. 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)
U. 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: 1997
Uniform Building Code, 1998 International Mechanical Code, 1997 International Plumbing
Code, 1999 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
V. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed bya Colorado registered engineer.(Department
of Building Inspection)
W. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall
and opening protection and limitations shall be in accordance with UBC Table 5-A.
Separation of buildings of mixed occupancy classifications shall be in accordance with UBC
Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning
Ordinance. (Department of Building Inspection)
X. Building height shall be measured in accordance with the 1997 Uniform Building Code for
the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from
Chapter 27 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building.
(Department of Building Inspection)
4. At the time of Final Plat:
A. Prior to recording the final plat, the applicant shall provide written evidence from Weld
County School District RE-6 which indicates that all district requirements have been met.
(Department of Planning Services)
B. The applicant shall submit an Improvement Agreement regarding collateral for all
improvements to the Minor Subdivision for acceptance by the Board of County
Commissioners prior to recording the final plat. (Department of Planning Services)
C. The applicant shall submit covenants for Buxman Estates Minor Subdivision. The
covenants shall be approved by the Weld County Attorney's Office prior to recording the
final plat. Language for the preservation and/or protection of septic areas shall be placed
in the development covenants. The covenants shall state that activities such as permanent
landscaping, structures, dirt mounds or other
Resolution CZ-603
Don Buxman
Page 6
items are expressly prohibited in the absorption field site. (Departments of Planning
Services and Public Health and Environment)
D. The right-of-way for the internal roadway shall be dedicated to the County. (Department of
Planning Services)
E. The applicant shall determine the name of the internal road. (Departments of Planning
Services and Public Works)
F. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District and Sheriffs Department. (Department of Planning Services)
G. The applicant shall provide for a bus stop/mail pick up area at the entrance to Buxman
Minor Subdivision or provide written evidence from Weld County School District RE-6 and
the Postal Service indicating that an alternative was preferred. (Department of Planning
Services)
H. The applicant shall submit a preliminary landscape plan for review and approval by the
Department of Planning Services. The applicant shall provide additional information
pertaining to the entry sign and plant materials, including common, botanical and species
names, size at installation and any additional information deemed necessary by the
landscape designer, if any. (Department of Planning Services)
All landscaping within the site distance triangles must be less than 3% feet in height at
maturity, and noted on the Landscape Plan. The bus stop bench and mailboxes must be
outside the sight distance triangles. (Department of Public Works)
J. Roadway and grading plans along with details must be approved prior to recording final
plat. Indicate stop signs and street names on final roadway plans. (Department of Public
Works)
K. Easements shall be shown in accordance with County standards and / or Utility Board
recommendations on the final plat. (Department of Public Works)
L. The applicant shall provide a pavement design prepared by a professional engineer along
with the final plat submittal. (Department of Public Works)
M. A final drainage report and construction plans, conforming to the drainage report, shall be
approved prior to recording final plat. (Department of Public Works)
N. Prior to recording the final plat, the Amended Recorded Exemption 2339 plat shall be
recorded. (Department of Planning Services)
O. Prior to recording the final plat, the applicant shall submit a digital file of all drawings
associated with the Final Plan 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)
P. The applicant shall provide evidence of dedication of irrigation water for the benefit of the
Homeowners Association.
Motion seconded by Bruce Fitzgerald
Resolution CZ-603
Don Buxman
Page 7
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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.
CERTIFICATION OF COPY
I, Voneen Macklin, 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 September 3, 2002.
ated the 3rd of September, 2002.
reaN
Voneen Macklin
Secretary
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