HomeMy WebLinkAbout20031847.tiff HEARING CERTIFICATION
DOCKET NO. 2003-55
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF#603, FOR EIGHT (8) LOTS WITH E (ESTATE) USES IN THE A (AGRICULTURAL)
ZONE DISTRICT - HAROLD AND DORIS BUXMAN AND DON AND LISA BUXMAN
A public hearing was conducted on July 16, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated June 27,2003,and duly published July3,2003,in the
South Weld Sun, a public hearing was conducted to consider the request 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. Lee Morrison,Assistant County
Attorney, made this a matter of record. Chris Gathman, Department of Planning Services,
presented a brief summary of the proposal and entered the favorable recommendation of the
Planning Commission into the record as written. Mr.Gathman requested amendment to Condition
of Approval#1.C,deletion of#1.H,#1.1 and#1.J,and addition of#2.S with subsequent renumbering.
He explained the applicants are proposing to lease water to the Homeowners'Association,requiring
the addition of language to Condition of Approval#1.C to state:"Covenants shall address the issue
that irrigation water is to be leased to the Homeowners' Association and does not guarantee a
permanent irrigation source for the Buxman Estates Subdivision. The Covenants shall also address
the protection of dry pastureland from overgrazing in the event that irrigation water is not available."
Mr.Gathman also recommended deletion of Condition of Approval#1.H regarding a bus stop,which
is already indicated on the plat,deletion of Condition of Approval#1.1,which is already covered under
Condition #1.F, and amending Condition #1.J to state water will be leased, not deeded.
Commissioner Jerke stated he has a problem with language for the proposed amendment to
Condition#1.C, which states water"is to be leased to the Homeowners'Association." He stated
the Homeowners'Association should be required to lease or be given opportunity to purchase water
separately, not requiring a specific lease to the Homeowners'Association. Commissioner Jerke
also questioned the language regarding covenants which shall protect the dry pastureland from
grazing. Mr. Gathman responded that the lots are only 2.5 acres, but approximately 0.7 acre foot
of water per lot is provided by the North Weld Water District. Mr. Gathman stated they are limited
on the number of animals allowed under Estate zoning, and the intent of the property owner is to
lease water,which is not a guarantee the water source will be available in the future. Commissioner
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HEARING CERTIFICATION - (MF#603) BUXMAN
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Geile, referring to the City of Greeley's letter, clarified that Weld County Code requirements are
written into the Conditions of Approval,not City of Greeley's Code. He stated Condition of Approval
#1.E states that the applicant shall attempt to address the recommendations of the City of Greeley's
referral, and he asked for staff assurance that the City's recommendations are not written into the
Conditions of Approval. After further discussion, Commissioner Geile requested deletion of
Condition of Approval#1.E. Upon receiving no objections from the Board,Chair Long stated#1.E
will be deleted.
Pam Smith, Department of Public Health and Environment, stated she had no comments.
Peter Schei, Department of Public Works,requested addition of Conditions of Approval regarding
pavement design for the interior roadway,and also construction detail for typical lot grading,which
were inadvertently left out, although they were included in the referral from Public Works. More
specifically, Mr. Schei requested Condition of Approval #1.T be added, with appropriate
renumbering, stating,"The applicant shall provide a pavement design prepared by a Professional
Engineer." He also recommended addition of #1.0 to state, "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 stormwater flows while taking
into account adjacent drainage mitigation." CommissionerJerke questioned whether it is necessary
to include those Conditions of Approval on subdivisions this small. Mr.Schei responded these are
Conditions that are always included and they take into consideration not the overall big drainage
scheme, but the minor scale such as around the house and envelope itself,to drain away from the
foundation. Responding to Commissioner Jerke regarding Public Work's involvement in drainage
around the residence, Mr. Morrison explained it might not be apparent that the Condition is included
at the recommendation of Public Works, since it normally goes into the resolution before the
Planning Commission hearing. Mr. Schei further stated they are very simple construction details
on plans that have not been addressed at this time,which are normally included. Mr.Schei clarified
for Commissioner Geile that Weld County Road 29 is classified as a local road, not as an arterial,
and the applicant will be required to show 30 feet of dedicated right-of-way on the plat,to meet the
County's requirements.
Lauren Light, AGPROfessionals, LLC, represented the applicant and stated the lots are
approximately 2.5 acres in size,zoned Estate,and will be served by the North Weld Water District
and individual septic systems,with a paved internal road. She also stated monies will be placed in
escrow to assist in the paving of Weld County Road 29 up to State Highway 392. Ms. Light stated
private road maintenance and off-site improvement agreements have both been submitted.
Regarding irrigation water,Ms. Light stated theywould prefer to not specifically tie it to the applicant,
since that may change in the future; however, they have no problem with including that irrigation
water may be"leased"by the Homeowners'Association. She also stated they do show 30 feet of
right-of-way dedication; however,they have also reserved an additional 60 feet based on the City
of Greeley comments, and would prefer not to include that extra 60 feet. Ms. Light stated with
regard to over-lot grading,they feel it is covered in the building permit application and it would be
difficult to submit with the Final Plat. Responding to Commissioner Jerke regarding Public Works
reviewing the grading, Ms. Light stated she has not heard of that until today. Mr. Schei reiterated it
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HEARING CERTIFICATION - (MF#603) BUXMAN
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was included in the memo from Public Works dated May 27, 2003.
No public testimony was offered concerning this matter.
Chair Long assured Ms. Light agrees with everything staff has said. Responding to Commissioner
Geile, Ms. Light stated a drainage study was completed by Eric Donker from their office.
Responding to Chair Long, Mr. Gathman suggested the proposed addition to Condition#1.C be
amended to state, "The Homeowners'Association shall make efforts to lease or purchase water
for the irrigation of the subdivision lots." Chair Long verified there were no objections from the
Board; reiterated Condition of Approval #1.H, #1.1, and 1.E are to be deleted; and, following
discussion, changed the word "deeded" to "leased" in Condition #1.J and deleted the second
sentence.
Following discussion regarding the detail to which Public Works should go when reviewing plans,
and it was determined that, although further discussion should be held regarding this, a more
appropriate forum might be a work session. Mr. Morrison indicated it is most likely a question of the
licensure of a professional engineer, which is not within the licensing of the building official. He
indicated the building official ensures the plans are implemented, but does not evaluate the
engineering. Commissioner Jerke objected to inclusion of proposed Condition of Approval#1.U;
however,Commissioner Vaad stated that,in light of Mr.Morrison's comments concerning licensure,
the responsibility goes back to the engineer, and if staff feels it is important, the Board should
support them. if they are stamping plans and being held responsible for it if something happens.
Mr. Morrison clarified Public Works is not stamping the plans. Mr. Schei stated when a drainage
study is submitted, staff includes general conditions on all plans,with this one being only a small
detail. He further clarified staff is reviewing work submitted to the County for basic engineering
standards and technicalities,and whether they meet Code. Mr. Schei stated after a plat has been
recorded,they cannot change grading or drainage fora subdivision or an area. Responding to Chair
Long,Mr.Schei stated the stamped and signed study submitted by professional engineers are kept
in Public Works and used for review of the site at future dates during construction. He further
clarified that Public Works staff does not review or perform inspections on building drainage when
it is being built. After further discussion,Condition of Approval#1.0 was added as Mr. Schei read
it into the record earlier. Chair Long verified Ms. Light agrees with the Conditions of Approval as
amended.
CommissionerJerke moved to approve the request 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, based on the recommendations of the Planning staff and the
Planning Commission,with the Conditions of Approval as entered into the record and as amended
today. The motion was seconded by Commissioner Masden, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:50 a.m.
2003-1847
PL1635
HEARING CERTIFICATION - (MF#603) BUXMAN
PAGE 4
This Certification was approved on the 21st day of 2003.
APPROVED:
���� BOARD OF COUNTY COMMISSIONERS
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ATTEST:
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David E. Long, Chair
CZi, Clerk to the Board
EXCUSED DA E OF APPI4OVAL
Robert D. den, Pro-Tern
Iasi c•�.,t_,.-;,,__.day _:..�
to the Board
M. J. eile
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Willi. Jerke
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DOCKET#2003-55 ,
Glenn Vaad
2003-1847
PL1635
EXHIBIT INVENTORY CONTROL SHEET
Case MF#603 - HAROLD AND DORIS BUXMAN AND DON AND LISA BUXMAN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (minutes 07/01/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Affidavit of Posting sign
F. Planning Staff Memorandum re: Proposed changes
(07/16/2003)
G. Planning Staff Memorandum from Sheriff's Office received
07/15/2003
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF JULY, 2003:
DOCKET#2003-52 - MANUEL AND ANITA SANCHEZ/ MAURILIO NAVARRO, CIO RITO GALLARDO
DOCKET#2003-55 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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