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RESOLUTION
RE: APPROVE MAJOR SUBDIVISION (BUFFALO RIDGE ESTATES) PRELIMINARY
PLAN, S #401 -JOHN T. AND JAMES I. MARTIN
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 4th day of
September, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of John T. and James I. Martin, 147 Denver Avenue, Fort Lupton,
Colorado 80621, for a Major Subdivision Preliminary Plan, S #401, on the following described
real estate, to-wit:
SE1/4 NW1/4 and SW1/4 of Section 12,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, John Martin, applicant, was present at said hearing, and
WHEREAS, Section 6.3.4 of the Weld County Subdivision Ordinance provides
standards for review of said Major Subdivision Preliminary Plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant 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 6.2 of the Weld County Subdivision Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 6.3.4 of the Weld County Subdivision Ordinance
including specifically:
a. The proposed Major Subdivision was located within the three-mile Urban
Growth Boundary of the City of Fort Lupton, as defined in the Weld
County Comprehensive Plan, at the time of the approval (October 11,
1995) of the Change of Zone from A (Agricultural) to E (Estate). Since
that time the Comprehensive Plan has been amended, reducing the
Urban Growth Boundary standard to one-half mile. The Fort Lupton
Planning Commission was requested to comment on the application
because a three-mile referral area for incorporated municipalities has
been retained as a standard in the Comprehensive Plan. As stated in a
letter dated July 10, 1996, the Fort Lupton Planning Commission does
not have a conflict with the proposal.
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MAJOR SUBDIVISION (BUFFALO RIDGE) PRELIMINARY PLAN - MARTIN (S#401)
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b. The request demonstrates compliance with the Weld County
Comprehensive Plan, as amended, and the Estate Zone District in which
the proposed Major Subdivision is located. The Residential, Public
Facilities, Transportation and Environmental goals and policies of the
Comprehensive Plan were reviewed by staff in the evaluation of this
Preliminary Plan application.
c. Comments received from referral agencies have been addressed or are
required to be addressed by the applicants prior to submittal of the Major
Subdivision Final Plat.
d. Definite provision has been made for a water supply that is sufficient in
terms of quantity, dependability and quality to provide water for the Major
Subdivision, including fire protection. A community water supply is
proposed from a series of seven (7) wells in the non-tributary Laramie
Fox-Hills aquifer and has been conditionally approved by the State
Division of Water Resources. The water supply must comply with the
requirements for a community water system as defined in the Primary
Drinking Water Regulations (5CCR 1003-1). Further documentation will
be required by the State as a part of the Major Subdivision Final Plat
submittal.
e. Definite provision has been made for individual sewage disposal systems
to serve the Major Subdivision which will comply with and be installed in
accordance with Weld County Health Department regulations. The
Environmental Protection Services Division of the Health Department
evaluated a soils and geologic report submitted by the applicants during
the Change of Zone proposal of this Subdivision. It was determined at
that time that conventional septic systems would be suitable for the
majority of the soils on site; the clay soils may require engineer-designed
septic systems.
f. Streets within the Major Subdivision will be adequate in functional
classification, width, and structural capacity to meet the traffic needs of
the Subdivision in accordance with the requirements set forth in
Section 10 (Design Standards) of the Weld County Subdivision
Ordinance, as amended. In accordance with Section 10.2.1 of the
Subdivision Ordinance, interior streets are required to be paved in a
Major Subdivision. Staff is recommending that this Preliminary Plan
request be approved with the stipulation that the applicants agree to pave
the interior streets and that this issue be further addressed and
documented prior to submittal of the Final Plat. The Improvements
Agreement According to Policy Regarding Collateral will ensure that
interior streets are built according to Weld County standards.
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MAJOR SUBDIVISION (BUFFALO RIDGE) PRELIMINARY PLAN - MARTIN (S#401)
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g. Off-site street or highway facilities providing access to the site will be
adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the Major Subdivision. The applicants
have indicated a willingness to enter into a Road Maintenance Agreement
with Weld County for extension of and improvements to Weld County
Roads 35 and 10 which will provide ingress and egress to the Major
Subdivision.
h. Facilities providing drainage and stormwater management will be
adequate, according to the Weld County Public Works Department in a
memorandum dated July 8, 1996.
The Major Subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and police
protection, hospital, solid waste disposal, and other services. The Fort
Lupton Fire Protection District has indicated that it has approved the
proposed fire protection plan (residential sprinkler systems) for the
proposed use. The Weld County Sheriffs Department responded that it
has no conflict with the Preliminary Plan request.
j. The Major Subdivision will not cause air pollution violations based on
Colorado Department of Public Health and Environment standards. The
Weld County Health Department reviewed the proposal and has no
conflict.
k. The Major Subdivision will conform to the subdivision design standards of
Section 10 of the Weld County Subdivision Ordinance, as amended. The
applicants have indicated that the RE-8 (Fort Lupton) School District is in
the process of considering student impacts of the proposed development
on the School District. The applicants have indicated a willingness to
work with the School District regarding impact fees; this will be further
addressed prior to submittal of the Final Plat.
The Major Subdivision will not have an undue adverse effect on wildlife
and its habitat, the preservation of agricultural land, and historical sites.
The Colorado Division of Wildlife, in a letter dated August 20, 1995,
stated that the effects of a subdivision being developed on this site would
have no significant impact on the local wildlife population. Staff is not
aware of the presence of any historical sites at this location.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John T. and James I. Martin for a Major
Subdivision Preliminary Plan, S #401, on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
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MAJOR SUBDIVISION (BUFFALO RIDGE) PRELIMINARY PLAN - MARTIN (S#401)
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1. The Major Subdivision Preliminary Plan plat shall be amended to show:
a. A typical cross-section of Weld County Roads 10 and 35, identifying
width and depth of asphalt and road base, shoulders, driving lanes,
borrow pit ditches and all pertinent rights-of-ways.
b. A typical cross-section of the sixty (60)-foot right-of-way for internal
streets, identifying driving lanes, shoulders and pertinent easements, if
applicable.
c. The minimum radius for all culdesacs as sixty-five (65) feet with a
minimum paved radius of fifty (50) feet.
2. Prior to acceptance of the Major Subdivision Final Plat submittal by the
Department of Planning Services, the applicants shall provide the following:
a. Written documentation from the Colorado Division of Water Resources
indicating that the proposed water supply meets State requirements for a
community well system to serve the Major Subdivision. The applicants
shall provide evidence of a secured water court decree or issued well
permits, in accordance with Section 30-28-136(1)(h)(l), C.R.S.
b. Adequate information detailing operation and control of the community
water system, as requested by the Colorado Division of Water Resources
in a letter dated June 25, 1996.
c. A proposed Road Maintenance Agreement with Weld County for
improvements/construction of that portion of Weld County Road 10 which
runs west of Weld County Road 37 to the south entrance of the Major
Subdivision, as shown on the plat. A proposed Road Maintenance
Agreement with Weld County for improvements/construction of that
portion of Weld County Road 35 which runs south of State Highway 52 to
the west entrance of the Major Subdivision, as shown on the plat.
d. A statement indicating the applicants' willingness to pave the internal
streets within the Major Subdivision, in accordance with Section 10.2.1 of
the Weld County Subdivision Ordinance, as amended. Paving of the
streets may be timed for completion as phasing of the site occurs.
e. Location of building envelopes identified on each of the residential lots.
The building envelopes shall be situated on a high point of the property;
none will be allowed in the "blow-out hole" areas, as requested by Don
Carroll of the Weld County Public Works Department in a memorandum
dated July 8, 1996.
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MAJOR SUBDIVISION (BUFFALO RIDGE) PRELIMINARY PLAN - MARTIN (S#401)
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f. Agreement signed by both the applicants and Weld RE-8 School District
regarding a method by which the applicants/property owners will
contribute toward impacts to the School District resulting from an
increase in students brought about by the Major Subdivision.
g. Written documentation from the Fort Lupton Fire Protection District
indicating that adequate evidence has been provided by the applicants
regarding the Major Subdivision's ability to meet fire flow demands for the
residential sprinkler system, in accordance with NFPA 13D, as requested
in a letter dated June 5, 1996, from Larry Richardson of the Fire District.
h. Completion of an Improvements Agreement According to Policy
Regarding Collateral for Improvements to guarantee completion of street
and utility improvements and maintenance of open space within the Major
Subdivision.
Final, revised copy of declaration of covenants, grants of easement and
restrictions imposed upon any land, buildings, and structures within the
Major Subdivision. This document shall include but not be limited to the
following:
i) The Right to Farm covenant.
ii) Fire flow demands for the residential sprinkler systems, as
requested by Fort Lupton Fire Protection District.
iii) Allowed uses and maintenance of Tract A, designated as private
common open space for equestrian uses by residents of the Major
Subdivision.
iv) Requirement for individual lot owners to submit to and have
approved by the Department of Planning Services prior to the
release of each residential building permit:
A. A soils and foundation investigation report prepared by a
qualified soils and foundation engineer.
B. A soil erosion control/ground cover plan suited to the
individual site.
v) A statement that the maximum number of large animals allowed
per acre shall be one (1).
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vi) All restrictions regarding usage of the Speer Canal and its
easements by residents of the Major Subdivision. The restrictions
shall be reviewed and approved by the Farmers Reservoir and
Irrigation Company prior to inclusion in the covenants.
j. Final copy identifying the powers and responsibilities of the Homeowners
Association in administering water to all lots in the Major Subdivision and
in maintenance of interior streets and common open space.
k. Copy of finalized Boundary and Joint Use Agreement between the
applicants and Farmers Reservoir and Irrigation Company for the Speer
Canal which runs through the Major Subdivision.
The design and drawings for the two bridge structures to be built across
the Speer Canal for use by residents of the Major Subdivision. Design of
the structures must comply with the requirements of the Farmers
Reservoir and Irrigation Company and be built in accordance with Weld
County standards.
m. A development plan for Tract A, private common open space to be
improved for recreational use, to include but not be limited to:
i) Equestrian activities to be allowed on the parcel.
ii) Amenities/improvements to be constructed, e.g. private riding
arena, stable or shed, fencing, etc.
iii) Soil erosion control plan which ensures that adequate ground
cover will be maintained on this site for the stated recreational
uses.
iv) Water source or justification for lack of water on the site.
v) Method and frequency of manure removal to prevent nuisance
conditions.
vi) Method of preventing runoff from the site to surrounding
properties.
vii) Establishment of equestrian easements providing a means to
access the parcel from all lots within the Major Subdivision.
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MAJOR SUBDIVISION (BUFFALO RIDGE) PRELIMINARY PLAN - MARTIN (S#401)
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Development and maintenance of the private common open space lot
must be provided for in the declaration of covenants and subdivision
improvements agreement for the Major Subdivision.
n. All application requirements set forth in Section 7.2 of the Weld County
Subdivision Ordinance, as amended.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA 0
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Dale K. Hall
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Constance L. Harbert
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W. H. Webster
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