HomeMy WebLinkAbout20031815.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
I^ Moved by Stephen Mokray, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MF-603
APPLICANT: Don & Lisa Buxman (Buxman Estates)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part W2SW4 Section 21, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Final Plan for an 8-Lot Minor Subdivision for E (Estate) uses.
LOCATION: East of and adjacent to CR 29; approximately 1/4 mile north of CR 66.
be recommended favorably to the Board of County Commissioners 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 Department of Planning Services' Staff that the application has shown
compliance with Section 24-3-60.1 of the Weld County Code as follows:
a. Section 24-3-60.1.1 --Compliance with Chapters 23 and 24 of the Weld County Code, the
zone district in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities. The proposed minor subdivision with
attached development standards and conditions of approval is in compliance with Chapters
23 and 24. It is in conformance with the E (Estate)Zone District requirements. The minor
subdivision is not located within an intergovernmental agreement area. It is located within
three (3) miles of the City of Greeley.
b. Section 24-3-60.1.2--That provisions have been made to preserve prime agricultural land.
The subdivision is to be located on land designated as"Prime" and "Irrigated Non-Prime"
according to the 1979 USDA-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.
c. Section 24-3-60.1.3 — That provisions have been made for a public water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the minor
subdivision,including fire protection. The applicant has 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 subdivision with water rights they
own on the#2 Ditch for irrigation purposes.
d. Section 24-3-60.1.4 --That, if a public sewage disposal system is proposed, provision has
been made for the system and,if other methods of sewage disposal are proposed,evidence
that such systems will comply with state and local laws and regulations which are in effect
at the time of submission of the minor subdivision. Sewer service will be provided by
individual sewage disposal systems.
e. Section 24-3-60.1.5 -- That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions have been
identified by the subdivider and that the proposed uses of these areas are compatible with
such conditions. Soils on site may cause limitations for septic system installation. The
Weld County Department of Public Health & 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 sy
EXHIBIT
2003-1815 (j
"1$ rl
Resolution MF-603
Don Buxman
Page 2
f. Section 24-3-60.1.6--That streets within the minor subdivision are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the minor
subdivision. All roads within the minor subdivision shall be two 12-foot paved lanes with 4-
foot gravel shoulders.
g. Section 2 4-3-60.1.7 --T hat off-site street o r highway facilities providing access t o the
proposed minor subdivision are adequate in functional classification, width and structural
capacity to meet the traffic requirements of the minor subdivision. 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 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.
h. Section 24-3-60.1.8--That the construction,maintenance,snow removal and other matters
pertaining to or affecting the road and rights-of-way for the minor subdivision are the sole
responsibility of the landowners within the minor subdivision. The applicants have indicated
that the roads will be built to county standards and will be maintained by Weld County.
I. Section 24-3-60.1.9—The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.
j. Section 24-3-60.1.10 --That there will be no on-street parking permitted within the minor
subdivision.
k. Section 24-3-60.1.11 --No additional access to a county,state or federal highway has been
created.
Section 24-3-60.1.12— Ingress and egress to all lots within the minor subdivision will be to
an internal road circulation system.
m. Section 24-3-60.1.13 — Facilities providing drainage and stormwater management are
adequate.
n. Section 24-3-60.1.14—That the maximum number of lots within the minor subdivision will
not exceed nine (9) lots.
o. Section 24-3-60.1.15—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 24-3-60.1.16—That the subdivision will not have an undue adverse effect on wildlife
and its habitat, the preservation of agricultural land and historical sites.
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 agencies.
The Department of Planning Services'Staff recommendation for approval is conditional upon the following:
1. Prior to Recording the Minor Subdivision Final Plat:
A. The applicant shall submit an off-site Improvements Agreement in accordance with Ag Pro's
Memorandum dated April 17, 2002, to be reviewed by Public Work's staff. "Discussions
with the Department of Public Works have resulted in the decision that the owner's are
responsible for 35%of the costs to pave CR 29." This agreement shall be approved by the
Board of County Commissioners prior to recording the final plat. (Department of Public
Works)
Resolution MF-603
Don Buxman
Page 3
B. The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for open space,
drainage and landscaping Improvements(Private Road Maintenance)including the form of
collateral. The security for the Agreement shall be tendered and accepted by the Board of
County Commissioners. (Department of Public Works)
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. Per the Department of Public Health &
Environment referral received 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.
D. The Plat shall be amended to include the most recent version of Weld County's Right to
Farm.
E. The applicant shall attempt to address the recommendations of the City of Greeley as stated
in their referral received June 2, 2003. Written evidence of such shall be provided to the
Department of Planning Services. (City of Greeley)
F. The applicant shall address the requirements of the Weld County Planning Department as
stated in their referral received May 15,2003. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Planning Services)
/'‘ G. The applicant shall submit approval of preliminary addresses and street name from the
Postal Service, Fire District, ambulance district and Sheriffs Department. (Department of
Planning Services)
H. The applicant shall provide for a bus stop/mail pick up area at the entrance to the Buxman
Estates minor subdivision or provide written evidence from Weld County School District RE-
2 and the Postal Service indicating that none is required.(Department of Planning Services)
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)
J. Irrigation water will be deeded to the Homeowners Association prior to recording the final
plat Written evidence shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
K. The applicant shall submit to Public Works stamped, signed and dated final plat drawings
and roadway/construction plan drawings for review and approval. This is consistent with
County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the
original signatures and seals of all parties required." Evidence of Public Works approval
shall be submitted to the Department of Planning Services. (Department of Public Works)
L. 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 applicant
should consider over-lot grading to improve the flooding safety factor for the residential
houses. Evidence of Public Works a pproval s hall b e submitted t o the Department o f
Planning Services. (Department of Public Works)
M. The applicant 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. (Department of
Planning Services)
Resolution MF-603
Don Buxman
Page 4
N. An executed agreement between the applicant and the Weld RE-2 School District
addressing the"cash-in lieu of land dedication fee"shall be submitted to the Department of
Planning Services. (Weld RE-2 School District)
O. 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 CR 29 City of Greeley right-of-
way reservation (the easement should be situated outside the R.O.W. reservation). All
utility easements shall be labeled on the final plat. (Department of Public Works, Utility
Board)
P. The CR 29 existing 30-foot right-of-way 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". CR 29 is a
graveled local roadway. (Department of Public Works)
Q. 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(Department of Public Works)
R. The applicant 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."(Department of Public Works)
S. 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.(Department of Public Works)
T. 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), Arcinfo Coverages and
Arcinfo 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 Estate uses and shall comply with the Estate Zone District
requirements as set forth in Chapter 23 of the Weld County Zoning Code. The Minor
Subdivision shall consist of S 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 Homeowner's 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
Affadavit 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 & Environment)
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 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 & Environment)
Resolution MF-603
Don Buxman
Page 5
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)
Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Department of Planning Services)
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. (Department of Public Health and Environment)
K. 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)
L. The site shall maintain compliance at all times with the requirements of the Weld County
Government.
M. Installation of utilities shall comply with Section 24-7-60 of the Weld County Code.
N. Outdoor storage shall be screened from public rights of ways, and adjacent properties
O. A separate building permit shall be obtained prior to any construction. (Department of
Building Inspection)
P. 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. (Department of Building Inspection)
Q. 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, 2002 National Electrical Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
R. 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.
(Department of Building Inspection)
S. 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
Resolution MF-603
Don Buxman
Page 6
UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code. (Department of Building Inspection)
T. 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)
3. The Final Plat shall be submitted to the Department of Planning Services for recording within 30
days of approval by the Department of Planning Staff. (Planning)
4. Prior to the release of building permits:
A. A separate building permit shall be obtained prior to any construction. (Department of
Building Inspection)
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. (Department of Building Inspection)
C. The applicant shall supply a designated street sign and stop sign at the appropriate
locations. (Department of Public Works)
/ "*". 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 Countywide Road
Impact Program Area. (Department of Building Inspection)
Motion seconded by John Folsom
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
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 July 1, 2003.
Dpled the 15`of July„?Q03.
03.
Voneen Macklin
Secretary
Chris Gathman, Department of Planning Services, originally requested a continuance as a result of failure to
notify mineral owners and lessees within thirty days of the Planning Commission hearing. However the
Planning Department recently received written statements from the mineral owners and lessees agreeing to
waive the thirty day notice requirement. As that was the only reason for the continuance request,and because
the applicants were present, Planning was prepared to proceed with the case at this hearing.
The Chair agreed to hear the case immediately following the hearing items. James Rohn said he had received
the information on Case USR-1431, but as it was likely to be continued, he had not prepared adequately to
vote on the case. The Chair said Case USR-1431 would then be heard after the consent items.
The following is on the Consent Agenda:
CASE NUMBER: MF-1042
APPLICANT: Don &Lisa Buxman (Buxman Estates)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part W2SW4 Section 21, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Final Plan for an 8-Lot Minor Subdivision for E (Estate) uses.
LOCATION: East of and adjacent to CR 29; approximately 1/4 mile north of CR 66.
James Rohn asked to have the case heard. John Folsom questioned why the agenda lists the case as MF-
1042,and on the summary sheet it is MS-603? Mr.Gathman clarified that when it was originally set up it was
M F-1042,but our new numbering system has changed it to MS-603 and all of the surrounding property owners
have been notified. Mr. Folsom also didn't recall having final plat cases heard in the past. Mr.Gathman said
hearings are held for minor subdivision applications but not for PUD's. The Chair asked if there was anyone
in the audience that wanted this removed from the consent agenda? Seeing none, it remained.
CASE NUMBER: County Code-2003-)O(
APPLICANT: Town of Kersey/Weld County
PLANNER: Monica Daniels Mika, Director of Planning
REQUEST: Request for an Intergovernmental Agreement.
CASE NUMBER: County Code-2003-XX
APPLICANT: Town of LaSalle/Weld County
PLANNER: Monica Daniels Mika, Director of Planning
REQUEST: Request for an Intergovernmental Agreement.
CASE NUMBER: County Code-2003-XX
APPLICANT: Town of Ault/Weld County
PLANNER: Monica Daniels Mika, Director of Planning
REQUEST: Request for an Intergovernmental Agreement.
CASE NUMBER: County Code-2003-XX
APPLICANT: Town of Eaton/Weld County
PLANNER: Monica Daniels Mika, Director of Planning
REQUEST: Request for an Intergovernmental Agreement.
The Chair asked if there was anyone in the audience who wished to have any of these agreements removed
from the consent agenda. Seeing none, they all remained.
John Folsom questioned verbage regarding the word"modification". Ms. Mika explained that the change is
to the automatic renewal date plus change the effective date because these old agreements had effective
dates, but did not include termination dates. The IGA remained the same except for the time parameters
associated with it.
Stephen Mokray moved that all five County Code cases on the consent agenda be recommended for approval.
John Folsom seconded the motion. Mr. Rohn voted against approval. Motion carried 4 to 1.
g. EXHIBIT
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