HomeMy WebLinkAbout970120.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND RESUBDIVISION FOR THE
PURPOSE OF DIVIDING A 2.11 -ACRE LOT IN THE ETHERTON SUBDIVISION -
VETRONE
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 January, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of A. Michael and Rosemary A. Vetrone, 2141 Bluebell Avenue,
Greeley, Colorado 80631, for a Site Specific Development Plan and Resubdivision for the
purpose of dividing a 2.11 -acre lot in the Etherton Subdivision on the following described real
estate, to -wit:
Part of Lot 3, Etherton Subdivision, being part of the W% of the
NE% of the NE'% of Section 16, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, A. Michael Vetrone, applicant, was present at the hearing, and
WHEREAS, Section 8.4.2 of the Weld County Subdivision Ordinance 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 recommendations of
the Weld County 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 the application requirements of
Section 8.4.1 of the Weld County Subdivision Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Sections 7.3.7.1 of the Weld County Subdivision
Ordinance including specifically:
A. Section 7.3.7.1.1 states: "That the proposed subdivision is located within
an Urban Growth Boundary Area as defined and adopted in any
approved intergovernmental agreement(s), or as defined in the Weld
County Comprehensive Plan." This proposal is within three miles of
Greeley, Evans, and Garden City. Neither Greeley, Evans, nor Garden
City indicated conflicts with this proposal.
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B. Section 7.3.7.1.2 states: "Compliance with the Weld County
Comprehensive Plan and the zone district in which the proposed
subdivision is located." The proposed resubdivision is not in compliance
with the Comprehensive Plan and the R-1 Zone District in which it is
located. According to the Weld County Zoning Ordinance, the property
must be serviced by both public water and public sewer in order to be
divided, since the property is located in the R-1 Zone District. However,
the Board of County Commissioners approved a request by the
applicants to consider the resubdivision without the availability of public
sewer in November of 1996.
C. Section 7.3.7.1.3 states: "That comments received from referral agencies
have been addressed, if applicable." The concerns of comments of the
referral agencies have been included within the Conditions of Approval.
D. Section 7.3.7.1.4 states: "That definite provision has been made for water
supply that is sufficient in terms of quantity, dependability, and quality to
provide water for the subdivision including fire protection." Water supply
to the new lot shall be provided by the City of Greeley Water and Sewer
Department. Comments by the Fire Prevention Bureau of the Greeley
Fire Department have been reviewed and incorporated as Conditions of
Approval for this request.
E. Section 7.3.7.1.5 states: "That, 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 lots will be provided sewage
disposal by individual septic systems. The Weld County Health
Department has reviewed this proposal and its comments are addressed
in the Conditions of Approval.
F. Section 7.3.7.1.6 states: "That streets within the subdivision are adequate
in functional classification, width, and structural capacity to meet the
traffic requirements of the subdivision." The lots are currently serviced by
Bluebell Avenue. The Weld County Public Works Department has
reviewed this proposal and its comments are addressed in the Conditions
of Approval.
G. Section 7.3.7.1.7 states: "That off -site street of 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 Section 10 of this Ordinance." The County roads providing
access are County maintained.
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H. Section 7.3.7.1.8 states: "That facilities providing drainage and
stormwater management are adequate." Weld County Public Works
Department reviewed this proposal and addressed concerns in its referral
dated December 31, 1996.
Section 7.3.7.1.9 states: "The subdivision will not cause an unreasonable
burden on the ability of the local governments or districts to provide fire
and police protection, hospital, solid waste disposal, and other services."
The proposed Resubdivision will not cause an unreasonable burden on
the ability of being served.
J. Section 7.3.7.1.10 states: "The subdivision will not cause air pollution
violations based on Colorado Department of Public Health and
Environment standards." The Weld County Health Department reviewed
this proposal and did not indicate a need to address air pollution. The
lots will not be exempt from the Colorado Department of Public Health
and Environmental standards.
K. Section 7.3.7.1.11 states: "The subdivision conforms to the subdivision
design standards of Section 10 of this Ordinance." The Etherton
Subdivision is a non -conforming subdivision that was recorded prior to
the implementation of the subdivision design standards of Section 10 in
the Weld County Subdivision Ordinance. (The Etherton Subdivision was
originally recorded in October of 1950.)
L. Section 7.3.7.1.12 states: "The subdivision will not have an undue
adverse effect on wildlife, its habitat, the preservation of prime agricultural
land, and historical sites." The lot is already only a 2.11 -acre site and will
not have an adverse impact on prime agricultural land. There are no
known historical sites associated with this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of A. Michael and Rosemary A. Vetrone for a Site
Specific Development Plan and Resubdivision for the purpose of dividing a 2.11 -acre lot in the
Etherton Subdivision on the hereinabove described parcel of land be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to include the items required by the Utility
Board, as follows:
(1) A fifteen- (15) foot front utility easement shall be required on the
west property line.
(2) The servicing utilities shall review and sign the plat.
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B. The applicants shall show on the plat a replacement leach field envelope
illustrating adequate room on the 0.75 -acre lot for a replacement septic
system in the event the first septic system should fail; or dedicate an
easement for the 0.75 -acre lot on the 1.36 acre lot, in the event the first
septic system should fail.
C. The applicants shall designate on the plat the one new access allowed on
the new lot.
2. Both lots shall be serviced by an adequate sewage disposal method and City of
Greeley water.
3. A plat shall be submitted to the Department of Planning Services for review and
approval in compliance with Section 7.2.6 of the Weld County Subdivision
Ordinance. The applicant will be responsible for paying any required recording
fees associated with the plat.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of January, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk iot't e'tb'
BY.
eputy C
Dale K. Hall
WELD COUNTY, COL RADO
f
eorge E. Baxter, Chair
%7
nstance L. Harbert, Pro -T,
m
FXCI ISFf) f1ATF nF SICNINf
Barbara J. Kirkmeyer
(AYF)
W. H. Webster
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