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RESOLUTION
RE: APPROVE RESUBDIVISION, RS #1086, FOR THE VACATION OF LOT 8 FROM
LUPTON MEADOWS LAND COMPANY SUBDIVISION - DARRELL AND NELVA
BEARSON
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
April, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Darrell and Nelva Bearson,9208 Weld County Road 25, Fort Lupton,Colorado 80621,
for Resubdivision, RS#1086, for the vacation of Lot 8 from the Lupton Meadows Land Company
Subdivision, on the following described real estate, to-wit:
Lot 8 of the Lupton Meadows Land Company
Subdivision, Division 3 Replat Lots 1-8; being part of
Section 19,Township 2 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicants were represented by The Bell 5 Land Company, do Kirk or
Meredith Goble, 710 11th Avenue #107, Greeley, Colorado 80631, 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.6.a -- Lupton Meadows Land Company Subdivision
consists of 55 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.
b. Section 24-4-40.E.6.b -- Compliance with Chapters 23 and 24 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. Agricultural zoning for an urban scale subdivision does not
comply. Use by Special Review Permit#1215 for a gravel mining operation
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RESUBDIVISION (RS #1086) - DARRELL AND NELVA BEARSON
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is located in the northern portion of the lot.The proposed resubdivision will
allow the applicant to divide the property through the Recorded Exemption
process. The City of Fort Lupton stated the proposal does not conflict with
its interests.
c. Section 24-4-40.E.6.c -- Referral comments, including those regarding
access, easements, and noxious weeds, have been incorporated into the
Conditions of Approval.
d. Section 24-4-40.E.6.d--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 existing residence on
this site is serviced by Well Permit No. 185928. All of the 55 lots within the
Lupton Meadows Land Company Subdivision are serviced by wells which do
not meet the requirements of an urban scale subdivision.
e. Section 24-4-40.E.6.e -- 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 existing residence on this site is serviced by an
individual sewage disposal system. All of the 55 lots within the Lupton
Meadows Land Company Subdivision are serviced by individual sewage
disposal systems which does not meet the requirements of an urban scale
subdivision.
f. Section 24-4-40.E.6.f -- Streets within the subdivision are adequate in
functional classification, width, and structural capacity to meet the traffic
requirements of the subdivision. Currently, the existing residence is
accessing directly off of Weld County Road 18. The Departments of Public
Works and Planning Services,during the Recorded Exemption process,will
clarify the access to both lots. Currently, access to the gravel mining
operation is from Weld County Road 25. All of the 55 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.6.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.6.h -- Facilities providing drainage and stormwater
management are adequate. No concerns regarding drainage and
stormwater management have been raised.
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RESUBDIVISION (RS #1086) - DARRELL AND NELVA BEARSON
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Section 24-4-40.E.6.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.6.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.6.k -- The Resubdivision does not conform to the
subdivision design standards of Chapter 24,Article VII,of the Weld County
Code. Staff supports the vacation.
Section 24-4-40.E.6.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 owners for a Resubdivision for
the vacation of Lot 8 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-1086, Resubdivision of Lupton Meadows Land
Company Subdivision.
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 Platte Valley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
D. The applicant shall attempt to address the requirements and concerns of the
Corps of Engineers,as stated in the referral responses dated February 15,
2005,and March 3,2005. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
E. The following notes shall be placed on the plat prior to recording:
1) Upon completion of this Resubdivision,Lot 8 of Division 3,as shown
on the Replat of Lots 1-8,will be vacated from Lupton Meadows Land
Company Subdivision.
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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 the Section 23-3-10 of the Weld County Code.
F. The applicant shall submit two paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services
G. 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 Arcl nfo 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 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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RESUBDIVISION (RS #1086) - DARRELL AND NELVA BEARSON
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
��'�/�l WELD COUNTY, COLORADO
finehi a% ll,.
William Jerke, Chair
1 g6 Pett9 Clerk to the Bo rd
!� r M. J. a e, Pro-Tern
Deputy Clerk to the Board EXCUSED
D 'd . Lon
APP O D AS T •
Ro ert D. Masde
oun y let,,.itiy
Glenn Vaad /
Date of signature: , E5—
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