HomeMy WebLinkAbout20020402.tiff RESOLUTION
RE: APPROVE RESUBDIVISION, S #616, FOR THE VACATION OF THE E112 OF
TRACT 6, ARISTOCRAT RANCHETTES, 2ND FILING - MARTY MATHEWS
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 6th day of
March, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Marty Mathews, 15075 Higgens Avenue, Fort Lupton, Colorado 80621, for a
Resubdivision for the Vacation of the E1/2 of Tract 6, Aristocrat Ranchettes, 2nd Filing, on the
following described real estate, to-wit:
E1/2 of Tract 6, Aristocrat Ranchettes, 2nd Filing;
being part of the W1/2 of Section 27, Township 2
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, Todd Hodges, Todd Hodges Design, LLC, 2412 Denby Court, Fort Collins,
Colorado 80526, represented said applicant, and
WHEREAS, Section 24-4-40.E 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 Department of Planning Services 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 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 Code, including
specifically:
a. Section 24-4-40.E.7.a -- 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 Chapter 22 of the Weld
County Code. This criteria is not applicable for this case.
b. Section 24-4-40.E.7.b — Compliance with Chapter 24 and Chapter 23 of
the Weld County Code, the Zone District in which the proposed use is
located, and any adopted intergovernmental agreements or master plans
of affected municipalities. The proposed vacation is consistent with all the
applicable chapters of the Weld County Code and the Agricultural Zone
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RESUBDIVISION - MARTY MATHEWS (S #616)
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District. The proposed vacation of the east half of the lot does not
substantially change the subdivision and will correct an illegal land split.
With the approval of S #616, both the west and east half of Tract 6 will be
legal lots. Further, the site is not influenced by any intergovernmental
agreements.
c. Section 24-4-40.E.7.c—That comments received from referral agencies
have been addressed, if applicable. Comments have been addressed
through the attached Conditions of Approval.
d. Section 24-4-40.E.7.d —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. The
lot has an existing water tap through the Aristocrat Ranchettes Water
Project, Inc. Further, the Fort Lupton Fire Protection District indicated no
conflicts with its interests in the referral response received December 20,
2001.
e. Section 24-4-40.E.7.e—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. The lot is serviced by an existing septic
system. The Weld County Department of Public Health and Environment
could not locate a septic permit for the subject parcel. A Condition of
Approval has been included to ensure that should the system be
inadequate, it will be brought into compliance with current Individual
Sewage Disposal System (I.S.D.S.) Regulations.
f. Section 24-4-40.E.7.f-- That streets within the subdivision are adequate
in functional classification, width, and structural capacity to meet the
traffic requirements of the subdivision. The proposal does not impact the
existing streets or traffic.
g. Section 24-4-40.E.7.g -- 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 Chapter 24, Article VII, of
the Weld County Code. The proposal does not impact the existing off-site
streets or traffic.
h. Section 24-4-40.E.7.h --That facilities providing drainage and storm
water management are adequate. The proposal does not impact the
existing drainage.
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RESUBDIVISION - MARTY MATHEWS (S #616)
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Section 24-4-40.E.7.i -- That 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. The impact on these services will not change with the approval
of the Resubdivision.
j. Section 24-4-40.E.7.j -- That the subdivision will not cause air pollution
violations based on Colorado Department of Public Health and
Environment standards. The impact on air pollution will not change with
the approval of the Resubdivision.
k. Section 24-4-40.E.7.k -- The subdivision conforms to the subdivision
design standards of Chapter 24, Article VII, of the Weld County Code.
Since the lot is being taken out of the subdivision, this criteria is not
applicable.
Section 24-4-40.E.7.l -- The subdivision will not have an undue adverse
effect on wildlife, its habitat, the preservation of prime agricultural land
and historical sites. The impact to wildlife and its habitat will not change
with the approval of the Resubdivision. The site is designated "Urban and
Urban Build Up" by the U.S.D.A. Soil Conservation Services, therefore,
no prime agricultural land will be taken out of production. Further, there
is no historical significance to the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Marty Mathews for a Resubdivision for the
Vacation of the E1/2 of Tract 6, Aristocrat Ranchettes, 2nd Filing, 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. The plat shall be labeled S #616.
B. The plat shall be amended to include a utility service statement block as
required by Section 24-4-40.D.6 of the Weld County Code.
C. 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.
D. The applicant shall submit a paper copy of the plat for preliminary
approval to the Weld County Department of Planning Services.
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RESUBDIVISION - MARTY MATHEWS (S #616)
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2. Upon completion of items 1.A through 1.E 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
Department of Planning Services staff. The plat shall be prepared in accordance
with the requirements of Sections 24-4-40.D.6 and 24-4-40.D.7 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 6th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
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GI:n Vaad, Chair
Clerk to the Board
1861 David E. L g, Pro-Tem
r erk to the Board
M. J. eile
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�� William H. Jerke
unty Actor ey EXCUSED
Robert D. Masden
Date of signature:
2002-0402
PL1586
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