HomeMy WebLinkAbout951832.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT SUBDIVISION,
S #381 - WEST HILL -N -PARK FOURTH FILING
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 19th day of
July, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of West Hill -N -Park Fourth Filing, c/o West Hill -N -Park, Inc., P.O. Box 632, Greeley,
Colorado 80632, for a Site Specific Development Plan and Final Plat Subdivision on the following
described real estate, to -wit:
Part of the SWY of Section 26, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on July 19, 1995, the Board deemed it advisable to continue
said matter to August 23, 1995, at which time said matter was again continued to August 30, 1995,
at 9:30 a.m., and
WHEREAS, at said hearing on August 30, 1995, Ken Lind, Attorney, and Mike Thomas
represented said applicant, and
WHEREAS, Section 7.3 of the Weld County Subdivision Ordinance provides standards for
review of said Final Plat Subdivision, 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 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 7.1 of the Weld County Subdivision Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 7.3.3.1 of the Weld County Subdivision Ordinance
including specifically:
a. The proposed Final Plat Plan is consistent with the Weld County
Comprehensive Plan and is compatible with the future development and
plans of affected municipalities. The Cities of Greeley, Evans, and LaSalle
have reviewed the request. Evans and LaSalle find no conflict with their
interest. Greeley indicates that this proposal is in compliance with its
comprehensive plan.
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FINAL PLAT SUBDIVISION - WEST HILL -N -PARK FOURTH FILING
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b. The Utility Coordinating Advisory Committee reviewed and conditionally
approved the Final Plat utility plan at its June 22, 1995, meeting. The
concerns of the Utility Coordinating Advisory Committee are addressed in
the Conditions of Approval.
c. The proposed Final Plat Plan conforms with the standards in Sections
7.3.3.1.3 through 7.3.3.1.11 of the Weld County Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of West Hill -N -Park Fourth Filing for a Site Specific
Development Plan and Final Plat Subdivision on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the PUD Plan plat:
a. The Board of County Commissioners shall approve the subdivision
improvements agreement and the form of collateral. The security for the
agreement shall be tendered and accepted by the Board of County
Commissioners for the subdivision improvements agreement.
b. The following notes shall be placed on the Final Plat:
No lot shall be used or maintained as a dumping ground for rubbish.
All trash, garbage, or rubbish shall be disposed of in a neat and
orderly manner at a facility authorized to accept waste materials.
Any expense incurred for the disposal of such waste materials shall
be the sole responsibility of the owner of any such lot.
ii. Approval of this plan may create a vested property right pursuant to
Section 90 of the Weld County Zoning Ordinance.
Installation of all utilities shall comply with Section 10 (design
standards) of the Weld County Subdivision Ordinance.
iv. The City of Evans shall provide domestic water service to all
residential uses within the subdivision.
v. Hill 'N Park Sanitation District shall provide sewage disposal to all
residential uses within the subdivision.
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2. The applicant shall contact the Weld County Public Works Department prior to
paving the internal road system. The roads will only be partially maintained (snow
removal) by Weld County for a period of one year after acceptance by the Board of
County Commissioners, and at the end of one year the applicant shall contact the
Weld County Public Works Department for an inspection to determine acceptance
for full Weld County maintenance.
3. A barrier shall be placed at the end of 47th Avenue to close access between West
Hill -N -Park and Arrowhead Subdivisions. The method of closure shall be by
replacing and repairing the existing cable and post fencing and constructing a berm
on the south side of the cable fence at the end of 47th Avenue. The barrier shall
be maintained by the Developer and Homeowners' Association. The access closure
shall be completed prior to recording the Final Plat.
4. An evergreen vegetative landscape buffer shall be planted along the northern edge
of the West Hill -N -Park Fourth Filing. A planting plan shall be submitted to the
Department of Planning Services for review and approval. The planting plan shall
show the location, species, size and numbers of proposed landscape materials.
The landscape buffer shall be installed prior to release of building permits. The
landscape buffer shall be maintained by the Developer and Homeowners'
Association. Dead, dying, or destroyed vegetation shall be replaced immediately
after notice at the Developer and Homeowners' Association expense.
i. The parks located in the Third and Fourth Filings of West Hill -N -Park shall be
constructed. The parks shall be constructed in compliance with the West
Hill -N -Park Official Unit Development Plan which was recorded January 5, 1971.
Playground equipment such as slides, sandbox, and swings shall be provided, along
with picnic tables and benches. A landscape plan shall be submitted to the
Department of Planning Services for the park areas and shall be in compliance with
the Official Unit Development Plan. The applicant shall submit a landscape and site
development plan for the park areas located in the Third and Fourth Filings to the
Department of Planning Services for review and approval. The parks shall be
completed prior to release of building permits in the Fourth Filing. The Developer
and Homeowners' Association shall be responsible for construction and
maintenance of the park areas.
6. The improvements agreement shall include but not be limited to:
a. The construction and maintenance of the barrier at the end of 47th Avenue.
b. The construction and maintenance of the vegetative landscape buffer
located along the north edge of the Fourth Filing.
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c. The construction and maintenance of the parks located in the Third and
Fourth Filings.
d. The construction and paving of roadways as a part of the Fourth Filing.
No building permits shall be issued until the upgrade to the water line is installed
and the City of Evans accepts the upgraded water lines.
8. Prior to recording, the following notes shall be placed on the plat:
a. Only fixed -location construction and manufactured homes (pursuant to the
Weld County Zoning Ordinance) shall be allowed within the West Hill -N -Park
Fourth Filing.
b. Each lot in the subdivision shall be occupied for single-family residential
purposes only by either a conventional fixed -location home constructed on
the lot or new manufactured home (as defined in Amended Section 10.1.M
of Weld County Ordinance No. 89 -DD).
9. If the Hill 'N Park Sanitation District fails to issue sewer taps to Carriage Estates in
accordance with the August 25, 1995, Resolution it shall be viewed as a lack of
availability of sewer service to West Hill -N -Park Fourth Filing.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of August, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, Q0 O
puty Clerld.}o the Board
AS TO F
Constance L. Harbert
W. H. Webster
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