HomeMy WebLinkAbout970159.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR SUBDIVISION
FINAL PLAT, S #414, FOR BUFFALO RIDGE ESTATES - 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 29th day
of January, 1997, 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, Martin Brothers Partnership, 147 South
Denver Avenue, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Major
Subdivision Final Plat for Buffalo Ridge Estates on the following described real estate, to -wit:
Part of the S1/2NW1/4 and part of the SW1/4 of
Section 12, Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, John T. Martin, applicant, was present at said hearing, and
WHEREAS, Section 7.3.7 of the Weld County Subdivision Ordinance provides
standards for review of said Major Subdivision, 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 staff 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 7.2 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 7.3.7.1 of the Weld County Subdivision
Ordinance including specifically:
A. Section 7.3.7.1.1 states: "That the proposed subdivision is located within
an Urban Growth Boundary Area as defined and adopted in any
approved intergovernmental agreement(s), or as defined in the Weld
County Comprehensive Plan." The proposed Major Subdivision was
located within the three-mile Urban Grown 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). The Urban Growth Boundary standard has
since been reduced to one-half mile through an amendment to the
Comprehensive Plan. A three-mile referral standard for incorporated
municipalities has been retained; the Fort Lupton Planning Commission
has reviewed the request and responded that it has no conflict with the
proposed use.
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B. Section 7.3.7.1.2 states: "Compliance with the Weld County
Comprehensive Plan and the zone district in which the proposed
subdivision is located." The proposal demonstrates compliance with
Residential, Public Facilities and Transportation goals and policies of the
Comprehensive Plan, as amended. The proposal demonstrates that
adequate public services and facilities will be made available to serve the
rural residential lots and, further, assures that the health, safety, and
welfare of the present and future residents of Weld County will be
protected. The applicants demonstrate a willingness and commitment to
partner with Weld County in the extension and construction of two County
roads in order to access the development site. The Right -to -Farm
Covenant adopted by Weld County is included in the Buffalo Ridge
Estates Declaration of Covenants, Conditions and Restrictions, as
proposed. The Major Subdivision Final Plat also complies with the
requirements of the E (Estate) Zone District.
C. Section 7.3.7.1.3 states: "That comments received from referral agencies
have been addressed, if applicable." Any comments received from
referral agencies that have not been addressed by the applicants will be
made a part of the Major Subdivision Final Plat Conditions of Approval.
D. Section 7.3.7.1.4 states: "That definite provision has been made for a
water supply that is sufficient in terms of quantity, dependability, and
quality to provide water for the 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. The State Division of Water
Resources has commented, in a letter dated January 7, 1997, that,
based on a 100 -year aquifer life, the water supply is expected to meet the
legal requirements regarding adequacy for the proposed domestic and
irrigation uses. The letter further states, however, that there is no
guarantee that the water supply will be available for 100 years.
E. Section 7.3.7.1.5 states: "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 subdivision." Individual sewage disposal
systems are planned to serve the Major Subdivision; they will comply with
and be installed in accordance with Weld County Health Department
regulations. It has been determined by the Environmental Protection
Services Division that conventional septic systems will be suitable for the
majority of the soils on site; lots containing clay -type soils may require
engineer -designed septic systems.
F. Section 7.3.7.1.6 states: "That streets within the subdivision are adequate
in functional classification, width, and structural capacity to meet the
traffic requirements of the subdivision." The Major Subdivision Final Plat
application materials state that proposed interior streets will be
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MAJOR SUBDIVISION - MARTIN (S #414)
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constructed in accordance with the requirements set forth in Section 10.2,
Design Standards for Streets, of the Weld County Subdivision Ordinance.
Section 10.2.1 requires that interior streets within a Major Subdivision be
paved. A Subdivision Improvements Agreement for Publicly Maintained
(Internal) Roads has been submitted for review and approval by the
Board, identifying a seven (7) -phase development of the site. The
executed agreement will ensure that interior streets are built according to
Weld County standards.
G. Section 7.3.7.1.7 states: "That off -site street or highway facilities
providing access to the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements of the subdivision in accordance with the requirements set
forth in Section 10 of the Subdivision Ordinance, as amended." The
applicants are proposing to enter into a Road Maintenance Agreement
with Weld County for extension of and improvements to:
Weld County Road 35 south from State Highway 52 to the
entrance into Buffalo Ridge Estates.
II. Weld County Road 10 west from Weld County Road 37 to the
entrance into Buffalo Ridge Estates.
The executed agreement will ensure that off -site roads are built to Weld
County standards.
H. Section 7.3.7.1.8 states: "That facilities providing drainage and
stormwater management are adequate." The Weld County Public Works
Department reviewed the final drainage plan prepared for the site during
the Preliminary Plan review and presented no objection to the plan.
Section 7.3.7.1.9 states: "The subdivision will not cause an unreasonable
burden on the ability of the local governments or districts to provide fire
and police protection, hospital, solid waste disposal, and other services."
Fort Lupton Fire Protection District has reviewed the proposed fire
protection plan (residential sprinkler systems) for the Major Subdivision
and commented that it complies with District standards. The Weld
County Sheriff's Department responded with no objection to the
development.
J. Section 7.3.7.1.10 states: "The subdivision will not cause air pollution
violations based on Colorado Department of Public Health and
Environment standards." Air pollution issues are reviewed by the Weld
County Health Department, who expressed no concerns regarding the
proposed uses.
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K. Section 7.3.7.1.11 states: "The subdivision conforms to the subdivision
design standards of Section 10 of the Weld County Subdivision
Ordinance, as amended." The applicants have worked with RE -8 (Fort
Lupton) School District and Farmers Reservoir and Irrigation Company to
satisfy an impact fee request and finalize a Speer Canal right-of-way
usage agreement. Other elements contained in Section 10 were
discussed in previous sections.
L. Section 7.3.7.1.12 states: "The subdivision will not have an undue
adverse effect on wildlife, its habitat, the preservation of prime agricultural
land, and historical sites." The Colorado Division of Wildlife has
previously reviewed the Major Subdivision request and commented that
the proposed development should have no significant impact on the local
wildlife population. The site is not characterized by agricultural soils
identified as "prime", and 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, Martin Brothers
Partnership, for a Site Specific Development Plan and Major Subdivision Final Plat for Buffalo
Ridge Estates on the hereinabove described parcel of land be, and hereby is, granted subject
to the following conditions:
1. Prior to approval of the Improvements Agreement According to Policy Regarding
Collateral for Improvements and acceptance of collateral by the Board of County
Commissioners, the applicants shall amend the agreement to identify the
following:
A. Detailed landscape design for Tract A, including the size, number,
species, and location of trees and plant materials to be placed on the lot.
B. Breakdown of the $10,000.00 landscaping security proposed: cost per
landscape item, picnic table, and any other amenity planned for the lot.
C. Maintenance of the landscaping, e.g. care, watering, replacement of
dying materials, etc.
2. Prior to recording the Major Subdivision Final Plat:
A. The Board of County Commissioners shall approve the Improvements
Agreement According to Policy Regarding Collateral for Improvements for
Publicly Maintained Roads and the form of collateral for Phase One (1) of
Buffalo Ridge Estates, identified as Block 1, Lots 13 and 14, and Block 2,
Lots 12 through 17, and Tract A. Security for the agreement shall be
tendered and accepted by the Board for the Improvements Agreement.
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MAJOR SUBDIVISION - MARTIN (S #414)
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B. Protective covenants for Buffalo Ridge Estates, reviewed and approved
by the Weld County Attorney's Office, shall be ready for recording.
C. The Boundary and Joint Use Agreement executed between John T.
Martin, as applicant, and Farmers Reservoir and Irrigation Company shall
be ready for recording.
D. The applicants shall enter into a Road Maintenance Agreement with Weld
County to construct and/or mitigate future impacts on Weld County Road
35 between State Highway 52 and Eagle Street and on Weld County
Road 10 between Weld County Road 37 and Meadow Lark Road.
E. In accordance with the letter dated January 7, 1997, from the State
Division of Water Resources, the requested provision of a permanent
water supply plan for the Major Subdivision shall be addressed by the
applicants and submitted to the Department of Planning Services for
review.
F. The protective covenants for Buffalo Ridge Estates shall be amended as
follows:
The language in Section 2.4: Open Space. Tract A shall reflect
the intent of Condition of Approval #1 above regarding submission
of the report and plan.
II. The language in Section 3.1.23: Soils Tests/Soil Erosion and
Ground Cover, shall reflect the intent of Condition of Approval
#5.J., I and II, below regarding submission of the report and plan.
G. The applicants shall provide a certificate of liability insurance to the
Department of Planning Services which identifies the Farmers Reservoir
and Irrigation Company (FRICO) as a co-insured for potential hazards
associated with use of the Speer Canal and its easement by Buffalo
Ridge Estates property owners, in accordance with the FRICO Boundary
and Joint Use Agreement.
H. The "Finished Floor Elevations" chart on page one (1) of the plat shall be
amended to incorporate the following information:
The table establishes minimum finish elevations so that the low
areas may be graded or filled to provide drainage away from
structures.
II. Structures may be located on the lot above the minimum finished
floor elevations to provide drainage.
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MAJOR SUBDIVISION - MARTIN (S #414)
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3. Prior to the issuance of a residential building permit on each lot of the Major
Subdivision, the property owner shall supply the Department of Planning
Services with written confirmation from the RE -8 School District that a $500.00
per lot cash in lieu of land payment has been paid.
4. Prior to commencing the sixth phase of construction in the Major Subdivision, the
applicants shall provide written documentation to the Department of Planning
Services indicating that a bridge crossing permit has been finalized with the
Farmers Reservoir and Irrigation Company.
5. The following notes shall be placed on the Major Subdivision Final Plat:
A. A maximum number of 52 rural residential lots, one common open space
lot (Tract A), and that portion of the Speer Canal that runs through the
property (Tract B) shall be allowed in the Major Subdivision. Tract A and
Tract B shall not be allowed for use as residential sites.
B. The first phase of Buffalo Ridge Estates is identified as Lots 13 and 14 of
Block 1 and Lots 12 through 17 and Tract A of Block 2. The remaining 43
lots are included in Phases 2 through 7 of Buffalo Ridge Estates. No
conveyance of lots in any future phases may occur until the applicants
have satisfied these requirements:
I. A final plat of the phase to be developed has been submitted,
approved, and recorded with Weld County.
II. The form of collateral for future phases in the approved
Improvements Agreement According to Policy Regarding
Collateral for Improvements has been approved by the Board and
security tendered and accepted by Weld County.
C. Uses permitted within the Major Subdivision shall consist of E (Estate)
uses as identified in Section 36 of the Weld County Zoning Ordinance
and described in the application materials.
D. Weld County Roads 35 and 10 shall provide public access to the Major
Subdivision. The construction of and/or improvements to these roads
shall comply with the Road Maintenance Agreement approved and
recorded for Buffalo Ridge Estates.
E. All interior streets within the Major Subdivision shall be paved in
accordance with the terms of the Improvements Agreement According to
Policy Regarding Collateral for Improvements approved and recorded for
Buffalo Ridge Estates. These streets shall be built to Weld County
standards and dedicated for public use. Upon compliance with all
requirements set forth in the Improvements Agreement, these streets
may be accepted for maintenance by Weld County.
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MAJOR SUBDIVISION - MARTIN (S #414)
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F. A community well system shall provide water for domestic use and water
sufficient to irrigate up to five -thousand (5,000) square feet of outside
ground area per lot within the Major Subdivision. The water system must
comply with requirements for a community water system defined in the
Colorado Primary Drinking Water Regulations (5CCR 1003-1).
G. Sewer service shall be provided by individual septic systems approved by
the Weld County Health Department.
H. All lots within the Major Subdivision shall comply with the requirements of
Fort Lupton Fire Protection District.
The minimum square footage of single-family dwellings in Buffalo Ridge
Estates shall be 1,200 square feet.
J. Prior to the release of each residential building permit on a lot in the
Major Subdivision, the property owner shall submit to and have approved
by the Department of Planning Services:
A soils and foundation investigation report prepared by a qualified
soils and foundation engineer.
II. A soil erosion control/ground cover plan suited to the individual
site.
K. The maximum square footage of total accessory buildings per lot shall be
3,000 square feet.
L. Recreational vehicles, large trucks, graders, boats, tractors, buses,
maintenance equipment, etc. shall be stored at all times, except when in
use, either in an enclosed structure or adequately screened from
adjacent properties.
M. The maximum number of animal units allowed shall not exceed one(1)
per acre.
N. The minimum setback shall be twenty (20) feet on each lot.
O. The minimum offset shall be twenty (20) feet on each lot. For any lots in
the Major Subdivision which are situated adjacent to the A (Agricultural)
Zone District, a forty (40) -foot offset requirement shall be met.
P. All property owners and/or residents of Buffalo Ridge Estates shall be
subject to the limitations on the use of Tract B as set forth in the
Boundary and Joint Use Agreement between Farmers Reservoir and
Irrigation Company and John T. Martin.
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MAJOR SUBDIVISION - MARTIN (S #414)
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Q. The operation of the community water system must comply with Findings
of the State Engineer referenced in Well Permit No. 47216-F.
R. No obstructions such as shrubbery, fencing, etc. shall be placed within
the eight (8) -foot recreational easement located adjacent to the front lot
boundaries of Lots 1 through 17 and Tract A of Block 2, Lots 1 and 2 of
Block 4, and Lot 1 of Block 5 of the Major Subdivision.
S. The ability of the wells to withdraw their authorized amounts of water from
this non-renewable aquifer may be less than the 100 years upon which
the amount of water in the aquifer is allocated, due to anticipated water
level declines.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of January, A.D., 1997.
ATTE
W
BY
oard
APP' • . D AS TO FORM:
ty Attorn=y
BOARD OF COUNTY COMMISSIONERS
WELD tdOUNTY,COL QRADO
onstance L. Harbert i-o .tem
Dale K. Hall
'Barbara J. Kirkmever
W. H. Webster
970159
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