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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND RESUBDIVISION, S#407,
FOR PURPOSE OF REDESIGN OF LOTS 1 THROUGH 8 OF LUPTON MEADOWS
SUBDIVISION - BEARSON, EDMUNDSON, INC., AND HEIN
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 October, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Darrell and Nelva Bearson, Edmundson, Inc., Richard L. Hein, and
Marvin C. Hein for a Site Specific Development Plan and Resubdivision for purpose of redesign
of Lots 1 through 8 of Lupton Meadows Subdivision, on the following described real estate,
to-wit:
Located in Section 19, Township 2 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, Ted Carlson represented Darrell and Nelva Bearson at said hearing, and
WHEREAS, Section 7.3.7 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 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 8.4 of the Weld County Subdivision Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 7.3.7.1.1 through 7.3.7.1.12 of the Weld County
Subdivision Ordinance including specifically:
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RESUBDIVISION, S #407 - BEARSON, EDMUNDSON, INC., AND HEIN
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A. Section 7.3.7.1.1 -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 in the Urban Growth Boundary area of Fort Lupton.
Fort Lupton reviewed this proposal and indicated no conflicts.
B. Section 7.3.7.1.2 - Compliance with the Weld County Comprehensive
Plan and the zone district in which the proposed subdivision is located.
The proposed redesign of Lots 1-8 of Lupton Meadows subdivision is in
compliance with the Weld County Comprehensive Plan and the
Agricultural Zone District in which it is located. The proposal will correct
an illegal land split which occurred when portions of Lots 1-8 were
conveyed differently than indicated on the recorded plat.
C. Section 7.3.7.1.3 - Comments received from referral agencies have been
addressed, if applicable.
The concerns or comments of the referral agencies have been addressed
in the Conditions of Approval.
D. Section 7.3.7.1.4 - Definite provision has been made for water supply that
is sufficient in terms of quantity, dependability, and quality for the
subdivision including fire protection.
No additional water is required with this proposal. The lots are existing,
and only the property lines are being adjusted. The Fort Lupton Fire
Protection District reviewed this proposal and indicated no conflict.
E. Section 7.3.7.1.5 - 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.
Sewage disposal for the lots can be provided by individual septic systems
installed in accordance with the Weld County I.S.D.S. regulations. The
Weld County Health Department has reviewed this proposal, and its
comments are addressed in the Conditions of Approval.
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F. Section 7.3.7.1.6 - Streets within the subdivision are adequate in
functional classification, width, and structural capacity to meet the traffic
requirements of the subdivision.
The lots are accessed from Weld County Roads 18 and 25. The Weld
County Public Works Department has reviewed this proposal and
indicates no conflict.
G. Section 7.3.7.1.7 - 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 Section 10 of this
Ordinance.
The County roads providing access are County maintained.
H. Section 7.3.7.1.8 - Facilities providing drainage and stormwater
management are adequate.
Weld County Public Works Department reviewed this proposal and
indicates no conflict.
Section 7.3.7.1.9 - 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 services.
The lots are existing and are only being redesigned. The proposed
redesign will not cause an unreasonable burden on services providers.
J. Section 7.3.7.1.10 -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
indicated no need to address air pollution. The lots will not be exempt
from the Colorado Department of Public Health and Environmental
Standards.
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K. Section 7.3.7.1..11 -The subdivision conforms to the subdivision design
standards of Section 10 of this Ordinance.
The Lupton Meadows 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.
L. Section 7.3.7.1.12 - The subdivision will not have an undue adverse
effect on wildlife, its habitat, the preservation of prime agricultural land,
and historical sites.
The Colorado Division of Wildlife reviewed this proposal and through a
phone conversation indicated no conflicts. 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 Darrell and Nelva Bearson, Edmundson, Inc.,
Richard L. Hein, and Marvin C. Hein for a Site Specific Development Plan and Resubdivision for
purpose of redesign of Lots 1 through 8 of Lupton Meadows 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 Weld
County Utilities Advisory Committee, as follows:
1) A fifteen (15)-foot front utility easement shall be required on the
north, south, and west lines of this development (Lots 1-8).
2) The interior lot lines shall have the standard twenty (20)-foot
utility/drainage easement apportioned equally on abutting
properties.
B. The applicant shall submit evidence to the Department of Planning
Services that any existing septic system(s) which is not currently
permitted through the Weld County Health Department has had an
I.S.D.S. evaluation performed. 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.
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RESUBDIVISION, S #407 - BEARSON, EDMUNDSON, INC., AND HEIN
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C. The following note shall be placed on the plat:
NOTE: Lots 1-8 shall maintain compliance with the
Flood Hazard Overlay District at all times.
D. An amended recorded exemption shall be reviewed, approved, and all
conditions met to adjoin the vacated portions of Lupton Meadows
Subdivision to Lot A of RE#1565.
2. 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 30th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
W ,LD COUNTY, COLORADO
d EL(17 ` L�aut,� :/ '/Iii �
Barbara J. Kirkmeye , Chair
1651 tg6PQC��my Clerk to the Board
O� �0� / eorgerE. Baxter, Pro Tem
kJ Occ.
Deputy CI-r to the Board
Dale K. Hall
7
APPROVED AS t ,
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Constance L. Harbert
County Attor ey
W. H. Wester
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