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HomeMy WebLinkAbout20063007.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED MAJOR SUBDIVISION FINAL PLAT, AMMJF #1119, AMENDING LOT LINES FOR LOTS 9 THROUGH 11, BLOCK 1, HILL-N-PARK SUBDIVISION,FILING 1, LOCATED WITHIN THE R-5(MOBILE HOME RESIDENTIAL)ZONE DISTRICT-CHARLESAND PHYLLIS NELSON / GARY WEIDEMAN 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 15th day of November,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the application of Charles and Phyllis Nelson, 1454 Red Fox Circle,Windsor, Colorado 80550,and Gary Weideman,5880 West 49th Street,Greeley,Colorado 80634,for a Site Specific Development Plan and Amended Major Subdivision Final Plat, AmMJF #1119, amending lot lines for Lots 9 through 11, Block 1, Hill-N-Park Subdivision, Filing 1, located within the R-5 (Mobile Home Residential) Zone District on the following described real estate, to-wit: Lots 9-11, Block 1, Hill-N-Park Subdivision, Filing 1; being part of the SW1/4 of Section 26, Township 5 North, Range 66 West of the 6th P.M.,Weld County, Colorado WHEREAS,the applicant was present at said hearing, and WHEREAS,Section 24-4-40 of the Weld County Code provides standards for review of said Final Plat, 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 24-4-40.D of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24-4-40.E of the Weld County Zoning Ordinance as follows: a. Section 24-4-40.E.7.a--The amended lots lie within an existing subdivision within the Urban Growth Boundary of the City of Evans. Zoning for the subdivision is R-5 (Mobile Home Residential). b. Section 24-4-40.E.7.b -- The application meets the requirements for a subdivision and does not make any changes to the overall subdivision design. Zoning bulk standards for the R-5(Mobile Home Residential)Zone 2006-3007 SUBD HILL-N-PARK ()(c /4 �lrJ/ Z61 /1-719`2 AMENDED MAJOR SUBDIVISION FINAL PLAT,AMMJF#1119-CHARLES AND PHYLLIS NELSON AND GARY WEIDEMAN PAGE 2 District are maintained,including the minimum lot size of 6,000 square feet. The proposed site lies within the Town of Evans' Urban Growth Boundary. The site is within the three-mile referral area for the Cities of Evans and Greeley. The City of Evans expressed no concerns, and Greeley did not respond to the referral request. c. Section 24-4-40.E.7.c--All comments received from referral agencies have been addressed through the Conditions of Approval. d. Section 24-4-40.E.7.d -- Provisions have been made for a public water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the subdivision, including fire protection. The lots are currently adequately served by the City of Evans. e. Section 24-4-40.E.7.e--The lots are adequately served by the public sewage disposal system of the City of Evans. f. Section 24-4-40.E.7.f--Streets within the Major Subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. Standards are established in Appendices 24-D and 24-E of the Weld County Code. No changes to the existing roads will be made by this proposal. 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. This criterion does not apply. h. Section 24-4-40.E.7.h --The facilities providing drainage and stormwater management are adequate. Existing stormwater facilities will not be changed by the proposed action. Section 24-4-40.E.7.i -- The amendment 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. Service levels would not be affected by this proposal. The existing three lots will be reconfigured into three lots, so there will be no change in impacts. If any addresses are changed,the applicants shall forward these to the Milliken Fire Protection District. j. Section 24-4-40.E.7.j--The amended subdivision will not cause air pollution violations based on Colorado Department of Health standards. The proposed changes will not affect air quality,according to the Department of Public Health and Environment. 2006-3007 SUBD HILL-N-PARK AMENDED MAJOR SUBDIVISION FINAL PLAT,AMMJF#1119-CHARLES AND PHYLLIS NELSON AND GARY WEIDEMAN PAGE 3 k. Section 24-4-40.E.7.k--The proposed amended subdivision conforms to the subdivision design standards of Chapter 24,Article VII,of the Weld County Code. No changes are proposed to the street system,the utility easements, or drainage,and all public infrastructure is already constructed and in place. I. Section 24-4-40.E.7.l --The amended subdivision will not have an undue adverse effect on wildlife and its habitat,the preservation of agricultural land or historical sites. This criterion does not apply. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of Charles and Phyllis Nelson and Gary Weideman,for a Site Specific Development Plan and Amended Major Subdivision Final Plat,AmMJF#1119,amending lot lines for Lots 9 through 11, Block 1, Hill-N-Park Subdivision, Filing 1, located within the R-5(Mobile Home Residential)Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the Final Plat: A. The plat title shall be revised to include "AmMJF-1119." B. An exhibit shall be submitted showing the existing structures on the proposed reconfigured lots, demonstrating that all setbacks and offset standards will be met. C. The following notes shall be placed on the plat: 1) This resubdivision amends the Hill-N-Park Subdivision, Filing 1, Lots 9, 10, and 11, Block 1, recorded with the Weld County Clerk and Recorder at Reception No. 1487343. All other requirements and standards of that plat apply. 2) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 3) Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 4) The site shall maintain compliance, at all times, with the requirements of the Weld County Government. D. The format of the final plat document shall adhere to the standards required of Sections 24-4-40.D.6 and 24-4-40.D.7 of the Weld County Code. 2006-3007 SUBD HILL-N-PARK AMENDED MAJOR SUBDIVISION FINAL PLAT,AMMJF#1119-CHARLES AND PHYLLIS NELSON AND GARY WEIDEMAN PAGE 4 E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. F. The applicant shall submit a digital file of all drawings associated with the Amended Major Subdivision application. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). 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. 3. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005, should the plat not be recorded within the required sixty(60)days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. Prior to the release of building permits: A. The applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the amended lot designation and subdivision (Hill-N-Park, Filing 1). B. If any addresses change,or are added,this information will be forwarded to the Milliken Fire Protection District. 2006-3007 SUBD HILL-N-PARK AMENDED MAJOR SUBDIVISION FINAL PLAT,AMMJF#1119-CHARLES AND PHYLLIS NELSON AND GARY WEIDEMAN PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 15th day of November, A.D., 2006. BOARD OF COUNTY COMMISSIONERS s' WELD COU , COLORADO ATTEST: ta , S . J. eile, Chair Weld County Clerk to they' m EXCUSED � � David E. Long, Pro-Tem BY: � Depu Clerk to a Board - , ' / �✓ 1O\m H. Je ke APP E ASTOF VA. U Robert D. Masden unty Atto y i'il.l Glenn aad Date of signature: (//2404 2006-3007 SUBD HILL-N-PARK Hello