The URL can be used to link to this page

Browse Search

Home My WebLink About20030774.tiff RESOLUTION RE: APPROVE RESUBDIVISION, RS #1031, FOR THE VACATION OF LOTS 17 THROUGH 30, BLOCK P, EVANS ADDITION, TO BE COMBINED WITH WOLFF GARDENS - FELIX MARTINEZ / ROGER TRUJILLO / ROGER AND MICHELLE TRUJILLO / JESS ROSS / GARY AND CYNTHIA DEATH / MAX MARTINEZ / DALE HOWELL /WILLIAM ELWOOD 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 9th day of April, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application for Resubdivision, RS #1031, for the redesign, addition and vacation of lots. The Resubdivision will vacate Lots 17 through 30, Block P, Evans Addition. The vacated lots will be combined with Wolff Gardens and Wolff Gardens will be redesigned. Said application was submitted by the following property owners: Felix Martinez Jess Ross Dale Howell 2111 Blue Mountain Road 240 Johnson Street P. O. Box 1107 Longmont, Colorado 80504 Evanston, Colorado 80530 Frederick, Colorado 80530 Roger Trujillo Gary and Cynthia Death William Elwood 261 Berwick P. O Box 275 P. O. Box 359 Firestone, Colorado 80532 Frederick, Colorado 80530 Frederick, Colorado 80530 Roger and Michelle Trujillo Max Martinez 211 East Iowa Avenue 214 Johnson Street Berthoud, Colorado 80513 Frederick, Colorado 80530 on the following described real estate, to-wit: Lots 17 through 30, Block P, Evans Addition, and approximately the South 175 feet of Block 5 and all of Block 6, Wolff Gardens Subdivision; all being a part of the SW 1/4 Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, Felix Martinez represented said applicants, and WHEREAS, Section 24-5-40.C of the Weld County Code provides standards for review of said Resubdivision, and 2003-0774 �� ; IL, /97°Pz Rao 9G" WZCE710 RESUBDIVISION - FELIX MARTINEZ/ROGER TRUJILLO/ROGER AND MICHELLE TRUJILLO/JESS ROSS/GARY AND CYNTHIA DEATH/MAX MARTINEZ/DALE HOWELL/WILLIAM ELWOOD PAGE 2 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.6.a--The site is within the Intergovernmental Agreement (IGA) boundary of the Town of Frederick. b. Section 24-4-40.E.6.b--The proposed Resubdivision will correct numerous illegal lots. Further, lot lines will be amended so that structures are not bisected, and if possible, meet the offset and setback requirements of Section 23-3-50 of the Weld County Code. The Town of Frederick, which is adjacent to the east, indicated in a referral response, dated March 7, 2003, that the Town does not have a conflict with the Resubdivision. However, Frederick will not allow access onto Aspen Drive prior to the lots annexing into the Town. The Town of Firestone indicated no comment and the City of Dacono stated the proposal does not conflict with its interests. c. Section 24-4-40.E.6.c — Referral comments, including those regarding access, easements, stormwater drainage, 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 residences are serviced by Central Weld County Water District. e. Section 24-4-40.E.6.e — Provision has been made for a public sewage disposal system. The existing residences are serviced by Frederick Sanitation District. f. Section 24-4-40.E.6.f— The streets within the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. Currently the residential lots are accessing west onto Johnson Street. The Town of Frederick has indicated that access to the east to Aspen Drive will not be allowed prior to the lots annexing into the Town. 2003-0774 PL1659 RESUBDIVISION - FELIX MARTINEZ/ROGER TRUJILLO/ROGER AND MICHELLE TRUJILLO/JESS ROSS/GARY AND CYNTHIA DEATH/MAX MARTINEZ/DALE HOWELL/WILLIAM ELWOOD PAGE 3 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 Article VII of Chapter 24. 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. The Department of Public Works has required a note on the plat which states the historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. Section 24-4-40.E.6.i — 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 service providers. j. Section 24-4-40.E.6.j—The subdivision will not increase the existing impact on air pollution, nor cause air pollution violations based on Colorado Department of Health standards. k. Section 24-4-40.E.6.k — It is not physically possible for the existing subdivision to meet many of the design standards of Article VII of Chapter 24. However, the proposal will provide conformance with some of the standards, such as easements, overlay districts, and underground utilities. Section 24-4-40.E.6.l — The criteria regarding an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land, and historical sites is not applicable given the urban nature of the area. 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 redesign, addition and 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 Plat: A. All plats shall be labeled RS-1031, Resubdivision of Wolff Gardens and Evans Addition. 2003-0774 PL1659 RESUBDIVISION - FELIX MARTINEZ/ROGER TRUJILLO/ROGER AND MICHELLE TRUJILLO/JESS ROSS/GARY AND CYNTHIA DEATH/MAX MARTINEZ/DALE HOWELL/WILLIAM ELWOOD PAGE 4 B. The plat shall be amended to include all utility easements required by the Utilities Coordinating Advisory Committee. C. The new legal description for the five northern lots will be Lot 1, Lot 2, Lot 3, Lot 4, and Lot 5 of Block 5, Wolff Gardens. The new legal description for the three southern lots will be Lot 1, Lot 2, and Lot 3 of Block 6, Wolff Gardens. The plat will be labeled accordingly. D. The two commercial semi-trucks located on parcel number 1311 30 314019 must be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. E. The Town of Frederick has indicated that access onto Aspen Drive will not be allowed prior to the lots annexing into the Town. The two northeastern most lots must cross adjacent properties to access from Johnson Street. The applicant shall submit an access plan to the Departments of Planning Services and Public Works for review and approval. F. Upon completion of the Resubdivision, two homes will be located on parcel number 1311 30 314017. The property owner will submit a Non-Conforming Use application for one of the two homes on the lot. The home designated non-conforming will be noted on the plat. G. Parcel number 1311 30 314017 currently has a engine repair shop operating from the site. The property owner shall submit a Use by Special Review application or remove the business from the site. H. Upon completion of the survey, property owners of structures which are determined to not meet the offset or setback requirements of Section 23-3-50 of the Weld County Code must submit a Non-Conforming Use application. The structures shall be noted on the plat as non-conforming. Utilities which cross parcels they do not serve must be noted on the plat. J. 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. K. The following notes shall be placed on the plat prior to recording: 1) Upon the completion of this Resubdivision, all reconfigured lots will be exclusively within Wolff Garden. 2) Upon completion of this Resubdivision, all reconfigured lots will be vacated from Evans Addition. 2003-0774 PL1659 RESUBDIVISION - FELIX MARTINEZ/ROGER TRUJILLO/ROGER AND MICHELLE TRUJILLO/JESS ROSS/GARY AND CYNTHIA DEATH/MAX MARTINEZ/DALE HOWELL/WILLIAM ELWOOD PAGE 5 3) All structures that do not meet the required offset or setback requirements of Section 23-3-50 of the Weld County Code are considered non-conforming structures and must adhere to Section 23-7-40 of the Weld County Code. 4) 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/landownershall be responsible for controlling the noxious weeds. 5) The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions, concentration and/or unplanned ponding of storm run-off. 6) All construction or improvements occurring in a geological hazard area, as delineated by the Colorado Geological Survey, shall comply with Overlay District requirements of Chapter 23, Article V, Division 2, of the Weld County Code. 7) All utility easements as designated on the Resubdivision plat, which are currently located under existing structures, may not be utilized until such time that the structures are removed. 8) New utilities are encouraged to be located within designated utility easements. 9) Prior to construction, property owners must contact the Frederick/Firestone Fire Protection District to determine Fire District requirements. 10) All lots shall access onto Johnson Street. 11) No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform 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 23-6-10 of the Weld County Code. L. The applicant shall submit two paper copies of the plat for preliminary approval to the Weld County Department of Planning Services 2003-0774 PL1659 RESUBDIVISION - FELIX MARTINEZ/ROGER TRUJILLO/ROGER AND MICHELLE TRUJILLO/JESS ROSS/GARY AND CYNTHIA DEATH/MAX MARTINEZ/DALE HOWELL/WILLIAM ELWOOD PAGE 6 M. 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 items#1.A through #1.L 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 9th day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �� WEL OUNTY, COLORADO ATTEST: �51� e.41 �a d, vid E. Long, hair Weld County Clerk to the -rd 1 . "'+a •BY: .t_ ►o'a . a �J' fR bert D. en, Pro-T Deputy Clerk to the B (7, ti,•� ( 1 `` M. J. eile .., D AS TO EXCUSED William H. Jerk ou�Aottrn Glenn Vaad_ Date of signature: 1/ 7 2003-0774 PL1659 Hello