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RESOLUTION
RE: APPROVE REPLAT OF GILBAUGH'S APPALOOSA ACRES, LOT 15, INTO TWO
ADDITIONAL LOTS - 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 22nd day
of April, 1998, 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 a Replat of Lot 15, Gilbaugh's Appaloosa Acres on the following described
real estate, to-wit:
Lot 15, 2nd replat of Gilbaugh's Appaloosa Acres. Located in the
W% of the SW% of Section 33, Township 7 North, Range 65 West
of the 6th P.M., Weld County, Colorado
WHEREAS, Gerald McRae represented said applicant, and
WHEREAS, Section 28 of the Weld County Zoning Ordinance 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 28.9 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 28.14 of the Weld County Zoning Ordinance
including specifically:
a. Section 28.14.1.7- That 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 proposed replat creates two additional residential lots.
The creation of these lots does not interfere with any agricultural activities
on the property.
980686
SUBD Gilbaugh's Appaloosa Acres
REPLAT- GILBAUGH'S APPALOOSA ACRES
PAGE 2
b. Section 28.14.1.8 - That the Planned Unit Development Plan conforms to
the PUD District in which is it proposed to be located. The PUD was
originally approved by the Board of County Commissioners in 1972 and
replatted in 1974. The PUD 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
PUD and allows for the continuation of the existing residential lots to the
north with the addition of two residential lots.
c. Section 28.14.1.9 - That the uses, buildings, and structures which would
be permitted shall 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 PUD District. The
Town of Eaton reviewed this request and offered no comments.
d. Section 28.14.1.10- That there has been conformance with the
Performance Standards as outlined in Section 35.3. The Performance
Standards address issues such as compatibility, water and sewer
provisions, circulation, buffering and screening. The proposed replat is
compatible with the existing PUD District which allows for residential
uses. Public water to the site will be serviced by North Weld County
Water District. Individual septic systems will provided sewage disposal
on each lot.
e. Section 28.14.1.11 - That the use will be compliance with the Weld
County Zoning Ordinance, Section 50 Overlay Districts if the proposal is
located within any Overlay District area identified by maps officially
adopted by Weld County. The proposed addition of two residential lots is
in compliance with the Weld County Zoning Ordinance. The proposed
development does not lie in an Overlay District as defined in Section 50
of the Weld County Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Ivan and Joanne Gilbaugh for a Third Replat of
Lot 15, Gilbaugh's Appaloosa Acres, on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1. The following notes shall be placed on the plat:
a. The uses permitted within the PUD Final Plan include 18 residential lots
and one residential/agricultural lot.
980686
SUBD Gilbaugh's Appaloosa Acres
REPLAT- GILBAUGH'S APPALOOSA ACRES
PAGE 3
b. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
c. North Weld County Water District shall provide domestic water service to
all residential uses within the PUD Zone District.
d. Sewage disposal shall be provided by an Individual Sewage Disposal
System (I.S.D.S.). The systems shall comply with all rules and
regulations of the Weld County Health Department.
e. Installation of all utilities shall comply with Section 10 (Design Standards)
of the Weld County Subdivision Ordinance.
2. Prior to recording the plat:
a. The plat shall be amended to show the following:
1. A 10-foot utility easement between each lot shall be shown on the
plat.
2. Lot 15-A shall be amended to show a 15-foot utility easement
abutting Appy Road and Weld County Road 41.
3. Lot 15-B shall be amended to show a 15-foot utility easement
along the north property line.
4. The access road shall be changed to reflect a 25-foot minimum
width as required in Section 10.5.10 of the Weld County
Subdivision Ordinance.
b. The applicant shall meet with the Department of Public Works concerning
the design of the turn around area of the access road. The applicant
should consider designing an eyebrow or a cul-de-sac to accommodate
easier turning movements.
BE IT FURTHER RESOLVED by the Board that the applicant shall submit a mylar plat
to the Department of Planning Services to be recorded in the office of the Weld County Clerk
and Recorder. The plat shall be prepared in accordance with the requirements of
Section 28.14.1.14 of the Weld County Zoning Ordinance. The plat shall be submitted within
sixty days from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
980686
SUBD Gilbaugh's Appaloosa Acres
REPLAT - GILBAUGH'S APPALOOSA ACRES
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 1998.
APPROVED:
ATTEST: ., 'O BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County C ��iz�7,v�
Constance L. Harbert, Chair
Deputy Cler frftm? L
P Y ��` `-'C.,/ lei" ✓�' d b J
�\ � W. H. Webster, Pro-Tem
—fps
I eor . Baxter
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
980686
SUBD Gilbaugh's Appaloosa Acres
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