HomeMy WebLinkAbout20040765 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVIEW OF CONDITION OF APPROVAL
#1.G FOR BUXMAN ESTATES MINOR SUBDIVISION FINAL PLAT, MF #603 -
HAROLD, DORIS, 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, on July 16, 2003, by Resolution #2003-1814, the Board of County
Commissioners approved 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, for a Site Specific Development Plan and Minor Subdivision Final
Plan, MF#603, for eight (8) lots with E (Estate) zone uses, on the following described real
estate, to-wit:
Part of the W1/2 SW1/4 of Section 21, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the Board of County Commissioners is in receipt of a request to review
Condition of Approval #1.G for Buxman Estates Minor Subdivision Final Plan, MF #603,
submitted by Don Buxman, and
WHEREAS, on March 10, 2004, the Board of County Commissioners reviewed
Department of Planning Services staff comments and heard the testimony presented, and
WHEREAS, the Board of County Commissioners finds that the applicant's method of
complying with Condition of Approval #1.G, through planting of native grasses and xeroscaping,
is acceptable and reasonable.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the applicant's method of complying with Condition of Approval
#1.G for Buxman Estates Minor Subdivision Final Plat, MF #603, be, and hereby is, found to be
acceptable and reasonable.
BE IT FURTHER RESOLVED by the Board, that the applicant is requested to inform
potential purchasers of the property that Condition of Approval #1.G has been met through
xeroscaping, by including a Special Provision in the contract to purchase stating the same.
2004-0765
PL1635
RECONSIDER CONDITION #1.G, MF #603 - BUXMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: fat, �� �) La EXCUSED
^'^^7 Robert D. Masden, Chair
Weld County Clerk to0 iv tI -4-kJ
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the NSA i V EXCUSED
M. J. G
APPR D A
David E. ong
ounty Atto ey
Glenn Vaad -
2004-0765
PL1635
40 { MEMORANDUM
ofy2- _
wine TO: Board of County Commissioners /8/04 z F') 4 06
COLORADO FROM: Chris Gathman Planner II e, RF
SUBJECT: Request to vacate condition of approval for PF-603 (Buxman
Estates Minor Subdivision Final Plat)
MF-603 (Buxman Estates) was approved by the Board of County Commissioners on July 16,
2003.
Don and Lisa Buxman and Harold and Doris Buxman in their letter dated March 2, 2004, are
requesting that condition of approval 1.G be voided for MF-603 (Buxman Estates Minor
Subdivision). Condition of approval 1.G states: "Irrigation water will be leased to the
Homeowners' Association prior to recording the final plat."
The applicants indicate in their letter that the open space will be xeriscaped landscape or native
dryland grasses. No alternative method of irrigation is mentioned in the request. Open space
areas will be the landscaped entryway area at the entrance to the subdivision and the County
Road 29 right-of-way reservation area along the western end of the subdivision.
The applicants' have an agreement with the North Weld County Water District for a total of 8
(eight) individual residential water taps. The request does not indicate whether any of the these
taps could be or will be used to irrigate the open space area.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
P 2004-0765
Weld County Planning Department
GRFELEY OFFICE
MAR 0 2004
To: Chris Gathman March 2,2004 Rs F a
Kim Ogle
From:Don Buxman
Re: MF#603
We the applicants would like to request the Board of Weld County Commissioners consider to void
Section 1G from the Final Application that pertains to providing irrigation water to the subdivision.
The open space will be zeroscaped landscape or native dtyland grasses.
Thank you,
4,Latialurkidetvu 7k1-'
Harold C Burman ris Burman
Don Buxman Lisa R Burman
TO: WELD COUNTY BOARD OF COMISSIONERS
RE: BUXMAN ESTATES IRRIGATION WATER LEASE
HAROLD BUXMAN(DEVELOPER)AGREES TO ANNUALLY LEASE IRRIGATION WATER
FROM SHARES HE OWN IN THE CACHE LA POUDRE IRRIGATION SYSTEM TO THE BUXMAN
ESTATES HOMEOWNERS ASSOCIATION (HOA).
INCLUDING THE FOLLOWING:
1:THE IRRIGATION SEASON WILL BE THE SAME AS THE CACHE LA POUDRE;
2: WATER SHALL BE AVAILABLE FOR ONE 24 HOUR PERIOD PER WEEK;
3: HOA SHALL BE SUBJECT TO SAME WATER ALLOTMENT FROM CACHE LA POUDRE AS
HAROLD BUXMAN;
4:PRIOR TO THE IRRIGATION SEASON,THE HOA AND HAROLD BUXMAN SHALL AGREE ON
THE COST OF WATER LEASE AND MANAGEMENT FEES;
5: THE LEASE OF WATER BY THE HOA IN NO WAY CONSTITUTES OWNERSHIP OF WATER
RIGHTS.
6: THE HOA SHALL BE RESPONSIBLE FOR MAINTENANCE OF DELIVERY STRUCTURE AND
PIPELINE
DATE /-g'-o7/JO y
OLD BUXMAN
Fi.O.k REPRESENTIVE,
HAROLD BUXMAN
THE qFOREGOING SIGNATURES WERE ACKNOWLEDGED BEFORE ME THIS
DAY OF TipXl/ ,2004. /y
MY COMMISSION EXPIRES U L7•767-- �//�
7
WITNESS MY HAND AND SEAL.
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NOTARY PUB IE C
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.I� O`C01.-*OltPVJS
FROM : AgPRO ENV SVCS ^ FAX NO. : 9705359854 ^qug. 26 2002 02:SSPM P2
4311 Highway 66, .Suite 4
Longmont, CO 80504
Office (970) 535-9318
Denver (303) 485-7838
Fax. (970).535-9854-
ENVIRONMENTAL SERVICES, LLC
August 26, 2002
Chris Gathman
Planner, Weld County Department of Planning Services
1555 North 17th Avenue
Greeley,CO 80631
VIA FACSIMILE: 970-304-6498
Dear Mr:Gathman,
As we discussed last week, the Buxman Subdivision application needs further
clarification on the water and irrigation intentions for estimated water requirements
and a response to the State Engineers Office comments.
I am attaching the"Water Supply Information Summary" sheet to this letter to
indicate the calculations used to determine the water requirements. i have also
discussed the possible need for additional irrigation water with the Buxmans.
The clients have indicated that they intend to supply the subdivision with water
rights they own on the#2 ditch and will deed to the subdivision for property owners
use. The Buxmans will install a water pump and transmission system to provide
each lot with hydrants for irrigation purposes. This will reduce the demand on
District water by 40%.
The covenants for Buxman Estates will describe the ability of the homebuycrs to
raise and have on their properties,certain animal groups (i.e. Horses, FFA livestock,
pets,etc.) up to the maximum of 1 animal unit per acre as allowed under the E
(Estate) Zone District.
I our 'Pro"2,1 ":4E Environmental Professionals
FROM : RgPRO ENV SVCS ^ FAX NO. : 9705359854 " 'Rug. 26 2002 02:57PM P3
August 26, 2000
Page 2
Sincerely,A/
Robb Casseday
Architect, Land Planner
AgPro Environmental Services, LLC
4311 Highway 66, Suite 4
Longmont, CO 80504
(970) 535-9318
rcasseday@agpros.com
Cc: Harold Buxman
Don Buxman
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