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Home My WebLink About20031814.tiff RESOLUTION RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN, MF #603, FOR EIGHT (8) LOTS WITH E (ESTATE) ZONE USES - HAROLD AND DORIS BUXMAN, AND 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,the Board of County Commissioners held a public hearing on the 16th day of July, 2003, at the hour of 10:00 a.m. in the Chambers of the Board 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,fora 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, said applicants were represented by Lauren Light, AGPROfessionals, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, at said hearing, and WHEREAS,Section 24-3-60 of the Weld County Code provides standards for review of said Final Plan, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicants and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24-3-50 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicants have shown compliance with Section 24-3-60.P of the Weld County Code as follows: a. Section 24-3-60.P.1 --The proposed minor subdivision, with the attached Conditions of Approval,is in compliance with Chapters 23 and 24 of the Weld County Code. It is in conformance with the E (Estate) Zone District requirements. The Minor Subdivision is not located within an intergovernmental agreement area; however, it is located within three (3) miles of the City of Greeley. b. Section 24-3-60.P.2 -- The Minor Subdivision is to be located on land designated as "Prime" and "Irrigated Non-Prime" according to the 1979 U.S.D.A.Soil Conservation Service Prime Farmlands of Weld County Map. The remainder of the quarter section is owned by the Buxman family and is maintained as cropland and used as a dairy facility. 2003-1814 PL1635 do . Pz, '6'z, Pct ay. t/«c-�'� MINOR SUBDIVISION FINAL PLAN, MF #603 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN PAGE 2 c. Section 24-3-60.P.3— The applicants have a water service agreement with the North Weld County Water District, dated June 24, 2002. An updated water service agreement with the North Weld County Water District will be required prior to recording the final plat. The applicants have committed to supplying the Minor Subdivision with water rights they own on the#2 Ditch for irrigation purposes. d. Section 24-3-60.P.4--Sewer service will be provided by individual sewage disposal systems. e. Section 24-3-60.P.5 -- Soils on the 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. f. Section 24-3-60.P.6--All roads within the Minor Subdivision shall be two 12- foot paved lanes with 4-foot gravel shoulders. g. Section 24-3-60.P.7--Weld County Road 29 is designated as a local gravel road and requires a minimum of 60 feet of right-of-way. The right-of-way shall be verified and shown on the final plat. The applicants will be required to enter into an agreement with Weld 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. h. Section 24-3-60.P.8--The applicants have indicated that the roads will be built to County standards and will be maintained by Weld County. Section 24-3-60.P.9—The Minor Subdivision is not part of, or contiguous with, a previously recorded subdivision or unincorporated townsite. j. Section 24-3-60.P.10--There will be no on-street parking permitted within the Minor Subdivision. k. Section 24-3-60.P.11 -- No additional access to a county, state, or federal highway has been created. I. Section 24-3-60.P.12 — Ingress and egress to all lots within the Minor Subdivision will be to an internal road circulation system. m. Section 24-3-60.P.13 — Facilities providing drainage and stormwater management are adequate. 2003-1814 PL1635 MINOR SUBDIVISION FINAL PLAN, MF #603 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN PAGE 3 n. Section 24-3-60.P.14 — The maximum number of lots within the Minor Subdivision will not exceed eight (8) lots. o. Section 24-3-60.P.15 — The Minor Subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection or other services. p. Section 24-3-60.S—The Minor Subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. 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 a Site Specific Development Plan and Minor Subdivision Final Plan,MF#603,for eight(8)lots with E (Estate) zone uses, on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the Minor Subdivision Final Plat: A. The applicants shall submit an Off-site Improvements Agreement in accordance with the Memorandum from dated April 17,2002,to be reviewed by the Department of Public Works. The owners are responsible for 35 percent of the costs to pave Weld County Road 29. This agreement shall be approved by the Board of County Commissioners priorto recording the final plat. B. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral (Private Road Maintenance) for open space, drainage, and landscaping improvements,including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. C. The Restrictive Covenants for Buxman Estates shall be approved by the Weld County Attorney's Office and shall be submitted to the Department of Planning Services for recording in the Office of the Clerk and Recorder. In accordance with the referral received from the Department of Public Health and Environment,dated June 13,2003,language for the preservation and/or protection of the 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. The Homeowners' Association shall make efforts to lease or purchase water for the irrigation for the subdivision lots. D. The plat shall be amended to include the most recent version of Weld County's Right to Farm. 2003-1814 PL1635 MINOR SUBDIVISION FINAL PLAN, MF #603 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN PAGE 4 E. The applicants shall address the requirements of the Weld County Department of Planning Services, as stated in the referral dated May 15, 2003. Written evidence of such shall be provided to the Department of Planning Services. F. The applicants shall submit approval of preliminary addresses and street name from the Postal Service, Fire District,ambulance district,and Sheriffs Office. G. Irrigation water will be leased to the Homeowners' Association prior to recording the final plat. H. The applicants shall submit to the Department of Public Works stamped, signed, and dated final plat drawings and roadway/construction plan drawings for review and approval. This is consistent with County Code Section24-3-50 which states, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." Evidence of approval by the Department of Public Works shall be submitted to the Department of Planning Services. Final drainage construction and erosion control plans, conforming to the drainage report,shall be submitted with the final plat application (stamped, signed and dated). The applicants should consider over-lot grading to improve the flooding safety factor for the residential houses. Evidence of approval by the Department of Public Works shall be submitted to the Department of Planning Services. J. The applicants shall submit to the Department of Planning Services an updated Water Service Agreement with the North Weld County Water District,or submit written evidence that the water service agreement,dated June 24, 2002, has been extended. K. An executed agreement between the applicants and Weld County School District RE-2, addressing the "cash-in lieu of land dedication fee,"shall be submitted to the Department of Planning Services. L. Standard 15-foot front lot utility easements are not indicated on the final plat. Additionally,20-foot rear utility easements should be shown adjacent to Weld County Road 29 City of Greeley right-of-way reservation (the easement should be situated outside the right-of-way reservation). All utility easements shall be labeled on the final plat. M. The existing 30-foot right-of-way for Weld County Road 29 shall be dedicated on the final plat. The 30-foot right-of-way shall be shown on the final plat as "30.0' R.O.W. DEDICATED". Weld County Road 29 is a graveled local roadway. 2003-1814 PL1635 MINOR SUBDIVISION FINAL PLAN, MF #603 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN PAGE 5 N. The final plat drawing C-1 shall include notes that explain the terms: a) minimum foundation elevation, and b) minimum opening elevation. The public needs to know if this is the top of foundation elevation, bottom of foundation elevation, etcetera. O. The applicants must revise the final plat drawing C-1 note: "Drawing C-2 contains the required Change of Zone Plat Notes." This final plat note should aptly read: "Drawing C-2 contains the required Final Plat Notes." P. The Section AA Road Detail(road cross-section)shall be corrected to show a 15-inch minimum culvert at driveways as per the Weld County Code. Q. The applicant shall provide a pavement design prepared by a Professional Engineer. R. The applicant shall prepare a construction detail for typical lot grading with respect to drainage. Front,rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. S. Prior to recording the final plat,the applicants 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),Arcinfo 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 Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Final Plat allows for E (Estate) zone uses and shall comply with the E(Estate)Zone District requirements as set forth in Chapter23 of the Weld County Code. The Minor Subdivision shall consist of eight (8) lots. B. Water service shall be provided by the North Weld County Water District and sewage disposal shall be from individual sewage disposal systems. The irrigation system will be managed by a Homeowners'Association,the form of which will be established prior to recording the plat. 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 Final Plat indicates areas for the location of the 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 2003-1814 PL1635 MINOR SUBDIVISION FINAL PLAN, MF #603 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN PAGE 6 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 applicants shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and 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 Department of Public Health and Environment, 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 stated on this plat, shall be recognized at all times. 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. J. All landscaping within the sight distance triangles, as indicated on the plat, must be less than 3.5 feet in height at maturity. K. The site shall maintain compliance at all times with the requirements of the Weld County Government. L. Installation of utilities shall comply with Section 24-7-60 of the Weld County Code. M. Outdoor storage shall be screened from public rights-of-ways,and adjacent properties. 2003-1814 PL1635 MINOR SUBDIVISION FINAL PLAN, MF#603 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN PAGE 7 N. A separate Building Permit shall be obtained prior to any construction. O. A Plan Review is required for each building. 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. P. 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), 2002 National Electrical Code (NEC), and Chapter 29 of the Weld County Code. Q. 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. R. 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. S. 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. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Board of Weld County Commissioners. 4. Prior to the release of Building Permits: A. A separate Building Permit shall be obtained prior to any construction. B. A Plan Review is required for each building. 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. C. The applicants shall supply a designated street sign and Stop sign at the appropriate locations. 2003-1814 PL1635 MINOR SUBDIVISION FINAL PLAN, MF #603 - HAROLD AND DORIS BUXMAN I DON AND LISA BUXMAN PAGE 8 D. Effective January 1, 2003, Building Permits issued on lots in the Buxman Estates Minor Subdivision will be required to adhere to the fee structure of the County-Wide Road Impact Program Area. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 16th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �� COUNTY, COLORADO ATTEST: �6 t_�o��'v� "� teh D vid E. Lo , C air Weld County Clerk to the Board Robert D. en, Pro-T to the Board 1861 ( 3-:._. _ M. J. eile • in--( Ir�=� William H. Jerke 44.49//m(d.R) ey Attor Glenn Vaa Date of signature: If/l//©3 2003-1814 PL1635 Hello