HomeMy WebLinkAbout20071427.tiff RESOLUTION
RE: APPROVE RESUBDIVISION, RS #1138, FOR THE VACATION OF LOT 3, DIVISION
NO. 3,OF THE LUPTON MEADOWS LAND COMPANY SUBDIVISION-L.G. EVERIST,
INC.
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 23rd day of
May, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of L.G.Everist, Inc.,7321 East88th Avenue,Suite 200,Henderson,Colorado 80640,for
Resubdivision, RS#1138, for the Vacation of Lot 3, Division No. 3, of the Lupton Meadows Land
Company Subdivision, on the following described real estate, to-wit:
Lot 3, Division No. 3, of the Lupton Meadows Land
Company Subdivision; being part of the NE1/4 of
Section 25,Township 2 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicants were represented by Lynn Mayer Shults, and
WHEREAS,Section 24-5-40.C of the Weld County Code provides standards for review of
said Resubdivision, 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 recommendation of the Weld County
Department of Planning Services 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 24-5-40.B of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 24-5-40.C.2 of the Weld County Code, including
specifically:
a. Section 24-4-40.E.7.a - The applicant has shown compliance with
Chapter 22 of the Weld County Code. The existing or future development of
the surrounding areas and current zoning is agricultural in nature and will
continue as such. Future projections by Chapter 22, Comprehensive Plan,
and Master Plan also agree with the future of this area being agricultural.
The City of Fort Lupton, in its referral response dated May 2, 2007, stated
Resubdivision of Lot 3 of the Lupton Meadows Land Company Subdivision,
Division No. 3, does not conflict with its interests.
b. Section 24-4-40.E.7.b - The applicant has shown compliance with
Chapters 23 and 24 of the Weld County Code. The parcel is located in the
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A(Agricultural)Zone District,and is 93+/-acres. The City of Fort Lupton,in
its referral dated May 2, 2007, stated the proposal does not conflict with its
interests.
c. Section 24-4-40.E.7.c-All corn ments received from referral agencies stated
they found no conflicts with their interests.
d. Section 24-4-40.E.7.d -The applicant has made a definite provision for a
water supply that is sufficient in terms of quantity,dependability,and quality
to provide water for the Subdivision, including fire protection. The existing
residence on this site is serviced by well permit number 158009. All of the
53 lots within the Lupton Meadows Land Company Subdivision are serviced
by wells which do not meet the requirements of an urban scale subdivision.
The Resubdivision to vacate Lot 3, Division No. 3, of the Lupton Meadows
Land Company Subdivision would bring the parcel into compliance with the
A (Agricultural)Zone District.
e. Section 24-4-40.E.7.e-The existing residence on this site is serviced by an
individual sewage disposal system which is compliant with the
A(Agricultural)Zone District. All of the 53 lots within the Lupton Meadows
Land Company Subdivision are serviced by individual septic disposal
systems which do not meet the requirements of an urban scale subdivision.
f. Section 24-4-40.E.7.f - Streets within the Subdivision are adequate in
functional classification, width, and structural capacity to meet the traffic
requirements of the Resubdivision. Currently, the existing residence has
access directly off of County Road 18. Access to the existing gravel mining
operation, approved by Amended Use by Special Review Permit#1255, is
also from County Road 18, approximately one-half mile east of County
Road 25. An urban scale development requires that all lots access off an
internal road system.
g. Section 24-4-40.E.7.g-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 Resubdivision in
accordance with the requirements set forth in Chapter 24,Article VII, of the
Weld County Code. No concerns regarding off-site street or highway
facilities have been raised by the Department of Public Works,in the referral
dated April 27, 2007.
h. Section 24-4-40.E.7.h - Facilities providing drainage and stormwater
management are adequate. No concerns regarding drainage and
stormwater management have been raised.
Section 24-4-40.E.7.i -The Resubdivision will not cause an unreasonable
burden on the ability of local governments or districts to provide fire and
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police protection, hospital, solid waste disposal, and other services. The
proposal will not increase the impact on service providers.
j. Section 24-4-40.E.7.j - The Resubdivision will not cause air pollution
violations based on Colorado Department of Public Health and Environment
standards. The proposal will not increase the existing impact on air pollution.
k. Section 24-4-40.E.7.k - The existing Lupton Meadows Land Company
Subdivision does not meet design standards as set forth in Chapter 24,
Article VII, of the Weld County Code. Vacating the parcel from the
subdivision brings the property into compliance with the A(Agricultural)Zone
District.
Section 24-4-40.E.7.l -The Resubdivision will not have an undue adverse
effect on wildlife, its habitat,the preservation of prime agricultural land and
historical sites. This criteria is not applicable since there are no proposed
changes to the land.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of the above listed property owner for Resubdivision,
RS#1138,for Vacation of Lot 3, Division No.3,of the Lupton Meadows Land Company Subdivision
on the hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. Prior to Recording the Resubdivision Plat:
A. All plats shall be labeled RS-1138, Resubdivision of Lupton Meadows Land
Company Subdivision, Division No. 3, Lot 3.
B. The plat shall indicate any existing tank battery or wellhead and the required
setback, as indicated in Section 23-3-50.E of the Weld County Code.
C. The following notes shall be placed on the plat prior to recording:
1) Upon completion of this Resubdivision, Lot 3 of Division No. 3, as
shown on the replat,will be vacated from the Lupton Meadows Land
Company Subdivision.
2) Pursuant to Chapter 15,Articles I and II,of the Weld County Code,if
noxious weeds exist on the property, or become established as a
result of the proposed development,the applicant landowner shall be
responsible for controlling the noxious weeds.
3) No building or structure,as defined and limited to those occupancies
listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the
2003 International Building Code, shall be constructed within a
200-foot radius of any tank battery or within a 150-foot radius of any
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wellhead. Any construction within a 200-foot radius of any tank
battery or 150-foot radius of any wellhead shall require a variance
from the terms of the Section 23-3-10 of the Weld County Code.
G. The applicant shall submit two paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services
H. The applicant shall create a digital file of all drawings associated with the
Resubdivision application. Acceptable CAD formats are.dwg, .dxf,and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is .tif(Group 4). (Group 6 is not acceptable). A copy shall be
submitted to the Weld County Department of Planning Services at the time
of Mylar plat submittal.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 24-4-40.D.6 through D.11 of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty(60)
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: gtall
` �. v €:
vid E. Long, Chair
Weld County Clerk to the .R,. 11',1/41A171/42
lr , illiam . J rke Pro-Tem
BY: L I VLl{�� .x9 1� C-.
De ty Cle to the Boar (
Willia F. Garcia
APP ED AST . k9/
obert D. Masden
County Attorney
ou las demacher
Date of signature: DI3,I07
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