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HomeMy WebLinkAbout20001916 RESOLUTION RE: APPROVE RESUBDIVISION, S #518, FOR VACATION OF LOTS 2, 3, 4, 5, 6, AND 7, BLOCK 1, PETERSON-ALEXANDER SUBDIVISION, INCLUDING SOUTHERN PORTION OF 70TH AVENUE COURT - FAITH TABERNACLE CHURCH, C/O DANNY PERDEW 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 30th day of August 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Faith Tabernacle Church, do Danny Perdew, 13248 Weld County Road 72, Greeley, Colorado 80631, for Resubdivision, S#518, for vacation of Lots 2, 3, 4, 5, 6, and 7, Block 1, Peterson-Alexander Subdivision, including the southern portion of 70th Avenue Court, on the following described real estate, to-wit: Lots 2, 3, 4, 5, 6, and 7, Block 1, Peterson- Alexander Subdivision, being part of Section 16, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on August 30, 2000, the Board deemed it advisable to continue this matter to September 20, 2000, at 10:00 a.m., to allow adequate time for publication of the notice, and WHEREAS, at said hearing on September 20, 2000, Philip Johnson, Member of Faith Tabernacle Church, represented said applicant, and WHEREAS, Section 8.3 of the Weld County Subdivision Ordinance provides standards for review of said Resubdivision, S #518, 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 Section 8.2.5 of the Weld County Subdivision Ordinance. 2. The platted lots have not been used for their intended purpose since the recording of the approved plat. / L' K�D) 2000-1916 c' /c : PL 0,% �� PL1325 RESUBDIVISION (S #518) - FAITH TABERNACLE CHURCH, C/O DANNY PERDEW PAGE 2 3. Seventy (70) percent of the landowners adjacent to the proposed subdivision have waived any objection to the vacation by signing a petition. There are two adjacent property owners, one that signed, and one that did not sign on the advice of legal counsel. 4. The vacation will be compatible with the surrounding area and uses and consistent with efficient and orderly development. The proposal is consistent with the Weld County Comprehensive Plan, and will not deprive any parcel of adequate access to a public road or street right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Faith Tabernacle Church, do Danny Perdew for Resubdivision, S#518, for vacation of Lots 2, 3, 4, 5, 6, and 7, Block 1, Peterson-Alexander Subdivision, including the southern portion of 70th Avenue Court, on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The applicant shall submit, in writing as part of this application, a request that Lots 2, 3, 4, 5, 6, and 7, Block 1, of Peterson-Alexander Subdivision be vacated and combined into a single lot. 2. The applicant shall record the deed at the Clerk and Recorder's Office and provide a copy of the recorded deed to the Department of Planning Services. 3. The City of Greeley has identified Weld County Road 29 (71st Avenue) as a minor arterial and has annexed within one-half mile of this location. The typical cross section reflecting the minor arterial requires 90 feet of right-of-way between intersections and 120 feet at the intersection. There is presently 60 feet of right-of-way. A total of 45 feet from the centerline of Weld County Road 29 (71st Avenue) right-of-way reservation for future expansion of Weld County Road 29 (71st Avenue) shall be delineated on the plat. 4. The applicant shall contact the Milliken Fire Protection District to obtain, in writing, that the proposed fire hydrant number(s) and location(s) are sufficient to adequately address service to this parcel. Evidence shall be submitted to the Department of Planning Services. 5. The applicant shall delineate a utility easement that meets the requirements of Section 10.6 of the Weld County Subdivision Ordinance. This easement shall be located south of the north property line, immediately adjacent to Lots 1 and 2 of the Peterson-Alexander Subdivision. 6. The Minor Resubdivision map shall be recorded in the Office of the Weld County Clerk and Recorder. The map shall be prepared in accordance with the requirements of Section 8.2.5.6 of the Weld County Subdivision Ordinance. 2000-1916 PL1325 RESUBDIVISION (S #518) - FAITH TABERNACLE CHURCH, CIO DANNY PERDEW PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of September, A.D., 2000. BOARD OF COUNTY COMMISSIONERS Li W. D COUNTY, COLORADO ATTEST: ' /," /�- LLN% ' ! - 7. B/� sy ' arbara J. ' eyer, Chair Weld County Clerk to the rd �� 9 1861 O Ocp - /7 2> 2, �p �/ �aY� �iin►` r, J. I , Pro-Tem� BY: � 6 x/ <Deputy Clerk to the Boa*��, e�re. J LaII Baxter 4CPPROVED AS RM: �� G -1 ounty Attorney EXCUSED DATE OF SIGNING (AYE) Glenn Vaad 2000-1916 PL1325 Hello