HomeMy WebLinkAbout970224.tiffDATE: January 29, 1997
PLANNER: Gloria Dunn
CASE NUMBER: S-414
NAME: John T. & James I. Martin
ADDRESS: 147 South Denver Ave., Fort Lupton, CO 80621
REQUEST: Site Specific Development Plan and Major Subdivision Final Plat
LEGAL DESCRIPTION: Part of the S2NW4 and part of the SW4 of Section 12, T1N, R66W of
the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 10 right-of-way and east of and adjacent
to Weld County Road 35 right-of-way
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST 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, as amended.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 7.3.6 of the Weld County Subdivision Ordinance, as amended, as
follows:
a. Section 7.3.6.1 That the proposed subdivision is located within an Urban Growth
Boundary area as defined and adopted in any approved intergovernmental agreement,
or as defined in the Weld County Comprehensive Plan, as amended 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). The Urban
Growth Boundary standard has since been reduced to %2 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.
b. Section 7.3.62 Compliance with the Weld County Comprehensive Plan, as amended,
and the zone district in which the proposed subdivision is located. The proposal
demonstrates compliance with the 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, farther, assures that the health, safety and welfare of the present and future
residents of Weld County. The applicants demonstrate a willingness and commitment to
970224
S-414, John T. & James I. Martin
page two
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 7.3.6.3 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 7.3.6.4 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 7.3.6.5 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 7.3.6.6 That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic requirements of the
subdivision. The subdivision final plat application materials state that proposed interior
streets will be constructed in accordance with the requirements set forth in Section 10.2,
Design Standards for streets, of the Weld County Subdivision Ordinance, as amended.
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 7.3.6.7 That off- site street or highway facilities providing access to the
subdivision are adequate in functional classification, width, and structural capacity to
970224
S-414, John T. & James I. Martin\
page three
meet the traffic 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:
I. 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 7.3.6.8 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 7.3.6.9 The 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. 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 Sheriffs
Department responded with no objection to the development.
Section 7.3.6.10 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.
Ic Section 7.3.611 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.
1. Section 7.3.612 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.
970224
S-414, John T. & James I. Martin
page four
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 entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to approval of the Improvements Agreement According 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 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 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 12-17 and Tract A. Security for the agreement shall
be tendered and accepted by the Board for the Improvements Agreement.
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 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:
970224
S-414, John T. & James I. Martin
page five
I. The language in Section 2.4: Open Space. Tract A shall reflect the intent of
condition of approval #1 above regarding landscaping and its maintenance.
II. The language in Section 3.1.23: Soils Tests/Soil Erosion and Ground Cover shall
reflect the intent of condition of approval #2b, 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 (I) of the plat shall be amended to
incorporate the following information:
I. 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.
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 12-17 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:
970224
S-414, John T. & James I. Martin
page six
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 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, as amended, 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 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.
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 the 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.
i. 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:
I. A soils and foundation investigation report prepared by a qualified soils and
foundation engineer.
970224
S-414, John T. & James I. Martin
page seven
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.
1. 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.
q. The operation of the community water system must comply with Findings of the State
Engineer referenced in Well Permit No. 47216-F.
970224
S-414, John T. & James I. Martin January 29, 1997
Staff requests that the following additional note be included on page 7 of the recommendation
and placed on the plat prior to recording:
5(r) No obstructions such as shrubbery, fencing, etc. shall be placed within the 8 -foot
recreational easement located adjacent to the front lot boundaries of Lots 1-17 and Tract
A of Block 2, Lots 1-2 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.
970224
JAN 23 '97 15:37 FROM WELD COUNTY GOVT
PRGE.001
MARTIN BROTHERS L.L.C.
147 S. Denver Ave.
Ft. Lupton, Colo. 8O621
bieior
Weld County Commissioners
915 10th. Street
Greeley Colorado 80631
Dear Commissioners,
y Pi&fling Dept.
JAN 2 3 1997
Martin Brothers L.L.C. have voluntarily
agreed to give Weld County School District
Re8 S500.00 at the time of sale of each build-
ing site sold in the Buffalo Ridge Estates.
This amount will be paid in place of designated
land for the District as per our agreement with
the Re8 School Board and the Interim Superint-
endent Anita Salizar.
M
Z'cerely,
/1 its
aging Partner
01/23/97 15:41
** TOTAL PRGE.001 **
970224
TX/RX NO.6163 P.001 •
FIELD CHECK
FILING NUMBER: S-414 DATE OF INSPECTION: January 17, 1997
APPLICANT'S NAME: John T. & James I. Martin
REQUEST: Site Specific Development Plan and Major Subdivision Final Plat
LEGAL DESCRIPTION: Part of the S2 NW4 and SW4 of Section 12, TIN, R66W
LOCATION: North of and adjacent to Weld County Road 10 right-of-way and approximately 1/2 mile west
of Weld County Road 37
LAND USE: N Agricultural ground, Weld County Disposal Company
E Speer Canal, Rural residential PUD partially developed, agricultural ground
S Agricultural ground
W Manure composting, agricultural ground, communication tower
ZONING: N A (Agricultural)
E PUD (Planned Unit Development), A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Southern access to property: Weld County Road 10 (gravel -surfaced) is built to approximately the eastern
boundary of the site but ends east of the proposed bridge location (see plat) which is proposed for crossing
the Speer Canal. Weld County Road 10 is accessed by way of Weld County Road 37, on the east, which is
a paved county collector road.
Western access to property: Weld County Road 35 south of Weld County Road 12 appears to have been
recently graded by the developer; it is covered by some snow at this time. Weld County Disposal Co.
maintains this road for a short distance for its own use.
Site: Unimproved ground with great variation in topography. The Speer Canal forms the east boundary of
the southeast area of the property and runs through the northeast area of the property.
Glorjh Zinn, Current Planner
770224
iet
Wi�YG
COLORADO
December 18, 1996
Mr. John T. Martin
147 Denver Avenue
Ft. Lupton, CO 80621
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EfT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: S-414 - Request for a Major Subdivision Final Plat on a parcel of land described as part of the S2 NW4
and part of the SW4 of Section 12, Ti N, R66W of the 6th P.M., Weld County, Colorado.
Dear Mr. Martin:
Your application and related materials for the request described above are being processed. I have scheduled a
meeting with the Weld County Board of County Commissioners for January 29, 1997,at 10:00 a.m. This meeting will
take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions
the Board of County Commissioners may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office
has forwarded a copy of the submitted materials to the City of Ft. Lupton Planning Commission for its review and
comments. Please call Susan Lira, at 970-346-0326, for further details regarding the date, time, and place of this
meeting. It is recommended that you and/or a representative be in attendance at the Ft. Lupton Planning Commission
meeting to answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the
hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,
one sign will be posted in the most prominent place on the property and a second sign posted at the point at which
the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld
County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled
hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning
Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
ria Dunn
urrent Planner
970224
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