HomeMy WebLinkAbout20063343.tiff RESOLUTION
RE: APPROVE RESUBDIVISION, RS #1133, FOR THEVACATION OF LOTS 4, 5, AND 6,
DIVISION 1, FROM LUPTON MEADOWS LAND COMPANY SUBDIVISION -
SW CHAMBERS, LLC
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 13th day of
December,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of SW Chambers, LLC, 333 West Hampden Avenue, Suite 810, Englewood,
Colorado 80110,for Resubdivision, RS#1133,for the vacation of Lots 4,5, and 6, Division 1,from
the Lupton Meadows Land Company Subdivision, on the following described real estate, to-wit:
Lots 4 through 6, Division 1, Lupton Meadows Land
Company Subdivision; being part of the E1/2 of
Section 13,Township 2 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS,the applicants were represented by Robert Bruce, Attorney, 1875 Lawrence
Street#75, Denver, Colorado 80200, 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 24-5-40.6 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 Lupton Meadows Land Company Subdivision
consists of 54 lots which designates it as an urban scale subdivision that is
not located with an Urban Growth Boundary area or in approved
Intergovernmental Agreement area. It is located within the three-mile referral
boundary for the City of Fort Lupton. The City of Fort Lupton, in its referral
dated December 4, 2004, indicated no conflict with its interests.
b. Section 24-4-40.E.7.b--Agricultural zoning for an urban scale subdivision
does not comply with current Weld County Code regulations. The Lupton
Meadows Land Company Subdivision was platted in the early 1900's, prior
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RESUBDIVISION (RS #1133) - SW CHAMBERS, LLC
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to the adoption of County regulations controlling subdivisions. Use by
Special Review Permit#1444,for a gravel mining operation,encompasses
approximately two-thirds of Lots 4,5,and 6. The gravel operation has not yet
commenced. The Resubdivision will allow the applicant to divide the
property through the Recorded Exemption process.
c. Section 24-4-40.E.7.c--Referral comments have been incorporated into the
Conditions of Approval.
d. Section 24-4-40.E.7.d -- Definite provisions have 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. There are two
well permits for the property(Permits#62970-F and#62972-F)associated
with the gravel mining operation, along with an existing domestic well
(Permit#4945).
e. Section 24-4-40.E.7.e--All of the 54 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. The
Environmental Health Services Division of the Weld Department of Public
Health and Environment, in its referral received November 21, 2006,
indicated that staff was unable to locate a septic permit for the property. The
Conditions of Approval require that any existing septic system not currently
permitted will require an Individual Sewage Disposal System (I.S.D.S.)
evaluation prior to the issuance of a septic permit.
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 Subdivision. The Departments of Public Works and
Planning Services,during the Recorded Exemption process,will clarify the
access to both lots. Currently,there is an existing residential access which
will also be used as an access to the gravel mining operation off of Weld
County Road 25, and there is an existing ditch access off of Weld County
Road 20.25. All of the 54 lots within the Lupton Meadows Land Company
Subdivision utilize individual accesses to County roads. 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 Subdivision 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.
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.
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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
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.
k. Section 24-4-40.E.7.k -- The Resubdivision conforms to the Subdivision
design standards of Chapter 24,Article VII, of the Weld County Code. The
Lupton Meadows Land Company Subdivision does not meet the design
standards; however, it was platted prior to the adoption of Subdivision
regulations. The vacation of Lots 4 through 6 out of the Lupton Meadows
Land Company Subdivision will bring the site more into conformance with the
existing County code.
Section 24-4-40.E.7.I--The Resubdivision will not have an undue adverse
effect on wildlife, its habitat, the preservation of prime agricultural land, or
historical sites.
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 a Resubdivision of the
Lupton Meadows Land Company Subdivision for the vacation of lots on the hereinabove described
parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to Recording the Resubdivision Rat:
A. All plats shall be labeled RS-1133, Resubdivision of Lupton Meadows Land
Company Subdivision.
B. The plat shall indicate any existing tank batteries or wellheads and the
required setback, as indicated in Section 23-3-50.E of the Weld County
Code.
C. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Services Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for the
property. Any existing septic system, which is not currently permitted
through the Weld County Department of Public Health and Environment,will
require an I.S.D.S. evaluation prior to the issuance of the required septic
permit. In the event the system is found to be inadequate,the system must
be brought into compliance with current I.S.D.S. Regulations. Written
evidence that this requirement has been addressed shall be provided to the
Department of Planning Services.
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D. The following notes shall be placed on the plat prior to recording:
1) Upon completion of this Resubdivision, Lots 4, 5,and 6 of Division 1,
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 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 Section 23-3-10 of the Weld County Code.
4) Any disturbance of wetlands shall require the applicant to contact the
Army Corps of Engineers for permits pursuant to Section 404 of the
Clean Water Act.
E. The applicant shall submit two paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services
F. 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.eoo. 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 Sections 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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of December, A.D., 2006.
BOARD OF CsUNTY COMMISSIONERS
z WELD CUB , COLORADO
ATTEST:/ �� l L1,r.r €6C/
eilt, Chair
Weld County Clerk to the Boar.i 1811 z "
vTE. Long, Pro-Tem
`K
Deputy Clerk to the Board \ , 1,—
i am J Jerke
AP D AS TO VVk J
Robert 9/4Masde9
o my Attorney --
Glenn Vaad
Date of signature: / F —O 7
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