HomeMy WebLinkAbout20002650.tiff RESOLUTION
RE: APPROVE FOURTH REPLAT OF GILBAUGH'S APPALOOSA ACRES, S #539 - IVAN
AND JOANNE GILBAUGH
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
December, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Ivan and Joanne Gilbaugh, 20085 Weld County Road 74, Eaton,
Colorado 80615, for the Fourth Replat of Gilbaugh's Appaloosa Acres, being a replat of
Lots 15-C, 16, and 17, as shown on the Third Replat of Gilbaugh's Appaloosa Acres on the
following described real estate, to-wit:
Lots 15-C, 16, and 17, Third Replat of Gilbaugh's
Appaloosa Acres, located in the W1/2 of the
SW1/4 of Section 33, Township 7 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, Joanne Gilbaugh, applicant, was present at said hearing, at which time the
Board of County Commissioners continued said matter to June 6, 2001, to allow the applicant
time to establish a Homeowners' Association for the maintenance of Appy Road, and
WHEREAS, by Resolution #2001-0193, dated January 22, 2001, the Board set a new
hearing date, prior to June 6, 2001, for February 14, 2001, and
WHEREAS, on January 29, 2001, the Board rescinded Resolution #2001-0193, and set
a new hearing date for March 14, 2001, to allow adequate time for publication, and
WHEREAS, at said hearing on March 14, 2001, said applicant was represented by Jerry
McRae, and
WHEREAS, Section 23-2-770 of the Weld County Code provides standards for review
of said Replat, 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 23-2-690, Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-780, Weld County Code as follows:
�C, PLC (�,,'/�JQK�(/l �U �! p)i J95 2000-2650
Jl PL1245
FOURTH REPLAT OF GILBAUGH'S APPALOOSA ACRES, S #539 - IVAN AND JOANNE
GILBAUGH
PAGE 2
a. Section 23-2-780.F.1 -- The proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states to preserve prime farmland for
agricultural purposes which fosters the economic health and continuance
of agriculture. The replat proposes to expand two existing residential
lots. This will not interfere with any agricultural activities on the site.
b. Section 23-2-780.F.2—The Planned Unit Development Plan conforms to
the Planned Unit Development District in which it is located. The Planned
Unit Development was originally approved by the Board of County
Commissioners in 1972, and was replated in 1973, 1974, and 1998. The
Planned Unit Development Zone District allows for agricultural uses as
permitted in the A (Agricultural) Zone District except the following:
commercial raising of cattle or fowl, cemeteries, fairgrounds, grange halls
and gravel pits. This request is consistent with the intent of the original
Planned Unit Development and allows for the continuation of the existing
residential lots to the north and west.
c. Section 23-2-780.F.3 -- The uses, buildings, and structures which will be
permitted will be compatible with the existing or future development of the
surrounding area as permitted by the existing zoning, and with the future
development as projected by the Comprehensive Plan or Master Plans of
affected municipalities. The proposed replat is consistent with the
historical development of the property and the Planned Unit Development
Zone District. The Town of Eaton reviewed this application and indicated
no conflict with its interests.
d. Section 23-2-780.F.4 --The performance standards address issues such
as compatibility, water and sewer provisions, circulation, buffering and
screening. The proposed replat is compatible with the existing Planned
Unit Development Zone District which allows for residential uses. This
subdivision will not be creating any additional lots. Existing lots are
serviced by the North Weld County Water District and septic systems.
e. Section 23-2-780.F.5 --The proposed replat is in compliance with the
Weld County Code. The development does not lie within any overlay
district.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Ivan and Joanne Gilbaugh for the Fourth Replat
of Gilbaugh's Appaloosa Acres, being a replat of Lots 15-C, 16, and 17, as shown on the Third
Replat of Gilbaugh's Appaloosa Acres on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1. A Weld County Septic Permit is required for each proposed septic system and
shall be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations.
2000-2650
PL1245
FOURTH REPLAT OF GILBAUGH'S APPALOOSA ACRES, S #539 - IVAN AND JOANNE
GILBAUGH
PAGE 3
2. The following notes shall be placed on the plat:
A. The uses permitted within the Planned Unit Development Final Plan
include 18 residential lots and one residential/agricultural lot.
B. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
C. The North Weld County Water District shall provide domestic water
service to all residential uses within the Planned Unit Development Zone
District.
D. Sewage disposal shall be provided by an I.S.D.S. The systems shall
comply with all rules and regulations of the Weld County Department of
Public Health and Environment. Each septic system shall be designed
for site specific conditions, including but not limited to, maximum
seasonal high groundwater, poor soils, and shallow rock.
E. Installation of all utilities shall comply with Section 24-7-10, Weld County
Code.
F. Access shall be limited to the three (3) private road intersections on Weld
County Road 41, two (2) private drives, and one (1) agricultural access
on Weld County Road 74. No other accesses shall be permitted. Lot 1
through 14, 15a, and 15b shall be guaranteed access to Weld County
Road 41 by way of Appy Road and Appaloosa Lane.
G. All roads, other than the existing county roads, shall remain drives to be
maintained by the owner of Lot 17 or the Homeowners' Association.
H. Weld County's Right To Farm statement, as it appears in the Weld
County Code, Appendix 22-E.
3. Prior to recording the plat:
A. Any existing septic system(s)which is not currently permitted through the
Weld County Department of Public Health and Environment,
Environmental Health Services, will require an I.S.D.S. evaluation prior to
issuance of the required septic permit(s). The review shall consist of
observation of the system and evaluation of the system's ability to handle
the proposed hydraulic load. In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current
I.S.D.S. Regulations.
B. Sketches of the septic system(s) layout in relation to the proposed lot
lines for Lots 16 and 17 shall be submitted to the Department of Public
Health and Environment, Environmental Health Services for review and
2000-2650
PL1245
FOURTH REPLAT OF GILBAUGH'S APPALOOSA ACRES, S #539 - IVAN AND JOANNE
GILBAUGH
PAGE 4
approval. Evidence of said approval shall be submitted to the
Department of Planning Services.
C. A detailed plot plan indicating setbacks of existing buildings from property
lines shall be submitted to the Weld County Department of Building
Inspection for review and approval. Depending on the use of the
buildings, a 20-foot setback may be needed. Buildings closer than
allowed setbacks will require fire-resistive protection for exterior walls and
opening protection (see Table 5-A of 1997 Uniform Building Code).
D. Fifty (50) feet from the centerline of Weld County Road 74, adjacent to
Lot 16, shall be reserved for future expansion of Weld County Road 74.
E. A nonconforming use file shall be established for one of the existing
residences on Lot 16. The applicant shall submit evidence to the Weld
County Department of Planning Services substantiating the
nonconforming use.
F. The plat shall be amended to show the following:
1. The 25-foot access road to Lot 15-B through Lot 15-A, as
indicated on the Third Replat of Appaloosa Acres, S #441, shall
be indicated on the plat.
2. The emergency access turn around, as indicated on the Third
Replat of Appaloosa Acres, S #441, shall be indicated on the plat.
3. A total of 50 feet from the centerline of Weld County Road 74,
adjacent to Lot 16, shall be delineated on the plat as right-of-way
reservation for future expansion of Weld County Road 74.
4. Ten (10) foot utility easements shall be delineated along the
boundaries of Lots 16 and 17 except existing boundaries adjacent
to public right-of-way, which are acceptable as is.
4. The Final Plat shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
2000-2650
PL1245
FOURTH REPLAT OF GILBAUGH'S APPALOOSA ACRES, S #539 - IVAN AND JOANNE
GILBAUGH
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of March, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST:at,to /� *i E La /
. eile, Chai
Weld County Clerk to th o-
1861 ('i sens4.'
'+ '% Glenn Vaa , Pro-Tem
BY:
Deputy Clerk to the B. .y UNI / EXCUSED DATE OF SIGNING (AYE)
Wil H. Jer e
APPF-O D AS TO RM: c�
David E Long
ounty A o ney
Robert D. asden
2000-2650
PL1245
Hello