HomeMy WebLinkAbout20022881.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#603 FROM A(AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT - HAROLD AND DORIS BUXMAN / DON AND LISA
BUXMAN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 20th day of November, 2002, at
10:00 a.m. for the purpose of hearing the application of Harold and Doris Buxman, 14441 Weld
County Road 66, Greeley, Colorado 80631, and Don and Lisa Buxman, 2478 North 35th
Avenue, Greeley, Colorado 80634, requesting a Change of Zone from the A (Agricultural) Zone
District to the E (Estate) Zone District for an eight (8) lot Minor Subdivision for a parcel of land
located on the following described real estate, to-wit:
Part of the W1/2SW1/4 of Section 21, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was represented by Robb Casseday and Thomas Haren,
AgPro Environmental Services, LLC , and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
a. Section 23-2-40.B.1 -- The changing conditions in the area warrant a
Change of Zone. The dairy is not of an economic size that it will be
viable to operate on a long term basis and investment in improvements or
expansion is not financially feasible. The site is within one-half mile of the
City of Greeley and the extension of sewer service and the growth plans
for Greeley into a conversion of agricultural properties to residential uses.
b. Section 23-2-40.6.2 --The uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses. The Right to Farm statement is required to
appear on the recorded Change of Zone Plat which informs any new
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residents to the area that the surrounding community is agricultural in
nature. Granting of this Change of Zone will have minimal impact on the
surrounding land uses. The developer of this property and the operator
of the adjacent dairy are one and the same, which will help to minimize
conflicts, and the dairy will not operate on a long term basis.
c. 23-2-40.6.3 --Adequate water and sewer service can be made available
to serve the site. Water service will be obtained from the North Weld
County Water District, and the applicants have committed to supplying
the subdivision with water rights they own on the #2 Ditch for irrigation
purposes. Sewer will be provided by Individual Sewage Disposal Systems
and the overall density meets the current Department policy. Each lot for
the proposed Minor Subdivision shall have an Individual Sewage Disposal
System installed per the Weld County Department of Public Health and
Environment requirements and specifications
d. 23-2-40.6.4 -- The street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
Zone District. Weld County Road 29 is classified by the County as a local
road and requires a minimum 60 feet of right-of-way. The right-of-way
shall be verified and shown on the Final Plat. If the right-of-way cannot
be documented, it shall be dedicated on the final plat. The applicant will
be required to enter into an agreement with the County to proportionately
share the cost of improving Weld County Road 29. The cost will be
based on a proportion of the traffic generated by the development to the
existing traffic.
The Weld County Department of Public Works has required that the
internal roadway right-of-way be sixty (60)feet in width, including
cul-de-sacs with a sixty-five (65)foot radius, and be dedicated to the
public. The typical roadway section of interior roadway shall be shown as
two 12-foot paved lanes with 4-foot gravel shoulders on the Final Plat.
The cul-de-sac edge of pavement radius shall be fifty (50) feet. Stop
signs and street name signs will be required at all intersections. The
roadside drainage shall be contained within the right-of-way.
e. Section 23-2-40.B.5 -- In those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:
1) The proposed Change of Zone does not lie within any overlay
district identified by the maps officially adopted by Weld County.
2) The applicant will be required to submit an agreement with the
property's mineral owners stipulating that oil and gas activities
have been adequately incorporated into the design of the site and
that mineral owners concerns have been mitigated.
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3) Soils on site may cause limitations for septic system installation.
The Weld County Department of Public Health and Environment
has required that each septic system be 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application 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 on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. 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.
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.
3) The typical roadway cross-section of the interior roadway shall be
indicated.
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.
5) Intersection sight distance triangles at the entrance to the
development will be required. All landscaping within the triangles
must be less than 3.5 feet in height at maturity, and noted on the
Change of Zone plat.
6) Location of fire hydrants shall be indicated as outlined in the
referral dated July 17, 2002, from the 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,
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has not been delineated on the submitted drawings. The Change
of Zone plat shall be amended to reflect these additions.
8) The approved Landscape Plan.
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.
C. 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.
D. 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.
E. 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.
F. 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.
G. A revised Drainage Report, addressing the requirements outlined in the
Weld County Department of 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.
H. The Change of Zone plat map shall be submitted to the Department of
Planning Services 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).
2. 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:
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A. The Change of Zone allows for E (Estate) Zone uses and shall comply
with the E (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.
B. Water service shall be obtained from the North Weld County Water
District.
C. 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.
D. 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.
E. 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.
F. In accordance with the Regulations of the Colorado Air Quality Control
Commission any development that disturbs more than five (5) acres of
land must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
G. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six (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.
H. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld
County Code shall be placed on any recorded plat.
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Weld County's Right to Farm, as stated on this plat, shall be recognized
at all times.
J. 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.
K. 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.
L. All landscaping within the sight distance triangles (as indicated on the
plat) must be less than 3.5 feet in height at maturity.
M. 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
during development.
N. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
O. A Homeowners' 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.
P. Appropriate Building Permits shall be obtained prior to any construction
or excavation.
Q. No development activity shall commence on the property, nor shall any
building permits be issued on the property, until the Final Plan has been
approved and recorded.
R. A separate Building Permit shall be obtained prior to any construction.
Buildings that meet the definition of an Ag Exempt Building, per the
requirements of Sections 29-1-20 and 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 Department of Planning Services and an Electrical
Permit is required for any electrical service to the building.
S. 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.
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T. 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 (UBC), 1998
International Mechanical Code (IMC), 1997 International Plumbing Code
(IPC), 1999 National Electrical Code (NEC) and Chapter 29 of the Weld
County Code.
U. 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
by a Colorado registered engineer.
V. 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
Chapter 23 of the Weld County Code.
W. Building height shall be measured in accordance with the 1997 UBC 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.
3. 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.
B. The applicant shall submit an Improvements Agreement regarding
collateral for all improvements to the Minor Subdivision for acceptance by
the Board of County Commissioners prior to recording the final plat.
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 items are
expressly prohibited in the absorption field site.
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D. The right-of-way for the internal roadway shall be dedicated to the
County.
E. The applicant shall determine the name of the internal road.
F. The applicant shall submit approval of preliminary addresses and street
name from the Postal Service, Fire District and Sheriff's Office.
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.
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.
All landscaping within the site distance triangles must be less than 3.5
feet in height at maturity, and noted on the Landscape Plan. The bus
stop bench and mailboxes must be outside the sight distance triangles.
J. Roadway and grading plans, along with details, must be approved prior to
recording the Final Plat. Indicate Stop signs and street names on final
roadway plans.
K. Easements shall be shown in accordance with County standards and/or
Coordinated Utility Advisory Board recommendations on the Final Plat.
L. The applicant shall provide a pavement design prepared by a
professional engineer along with the Final Plat submittal.
M. A Final Drainage Report and construction plans, conforming to the
Drainage Report, shall be approved prior to recording Final Plat.
N. Prior to recording the Final Plat, the plat for Amended Recorded
Exemption #2339 shall be recorded.
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).
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P. The applicant shall provide evidence of dedication of irrigation water for
the benefit of the Homeowners' Association.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November, A.D., 2002.
'. BOARD OF COUNTY COMMISSIONERS
1! �D
WELD,��GOUNTY, COLORADO
ATTEST: � Ya e.. ltl/
tfa Ike. Vaad, Chair
Weld County Clerk to the , - . I
BY: ctS cy scot,.�'' / ! \ David E.
Lo�., Pro-Te
Deputy Clerk to the Board
M. J. eile
APPIR2/ED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
illi H. Jerke
o Attor ey �11
Robert D. Masden
Date of signature: 42/5
2002-2881
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