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HomeMy WebLinkAbout992875.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING EXTENSION OF TIME FOR FILING FINAL PLAT FOR MAJOR SUBDIVISION S #449 FOR WEST HILL-N-PARK SUBDIVISION 5TH FILING CONTAINING 18 LOTS -JER, A PARTNERSHIP 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, by Resolution dated December 9, 1998, the Board did approve the application of JER, a partnership, 1317 15th Avenue, Greeley, Colorado 80631, for a Major Subdivision Preliminary Plan for West Hill-N-Park Subdivision 5th Filing containing 18 lots on the following described real estate, to-wit: Part of the SW'/ of Section 26, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to Section 7.1 of the Weld County Subdivision, the applicant has submitted a letter dated December 2, 1999, requesting the Board consider an extension of time for filing the Final Plat for Major Subdivision, S#449, for West Hill-N-Park Subdivision, Fifth Filing, 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 staff from the County Attorney's Office and the Weld County Department of Planning Services, 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 period of thirty days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the time for filing the Final Plat for Major Subdivision, S #449, for West Hill-N-Park Subdivision, Fifth Filing for JER, a partnership, be, and hereby is, extended for the period of thirty days. (1^; PLC jA 992875 SUBD West Hill-N-Park RE: EXTENSION OF TIME FOR FINAL PLAT- JER, A PARTNERSHIP (S #449) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, C LORADO ATTEST: i ' / /frt is;z /,%� ,,;rya Val- K. Hall, Chair Weld County Clerk to the :+,.. ' w,6 3t4/riM, .J . .(A / ' 1 I , Si'arbara . Kirkmeyer, P -Tem �U BY: , ,i .•,, Os.. ;� -1 , Deputy Clerk to the Boa:± ' N'` ✓ eorge . xter APPROVEp AS TO FORM, M. J aeile Coy Attorne Z--c_____, Afiatt ----Glenn Vaad Vaad 992875 SUED West Hill-N-Park DEC 02 '99 01:27PN VERSRR INC. COLORADO 303 45272% P.1/1 Post-It•Fax Note 7671 Dam ivaI9, i ry f . - T eau.11�.[, �pwnM.`CS I From m;ks' / n nuts VVI16 e December 2, 1999 Phone* tot C`txi Yt Co. Phone• Phonii 7O-6196-9a0o X 1-16 97n-36 -tagat F Weld County Commissioners I 915 10th Street Greeley, Colorado 80631 • RE: West Hill-n-Park 5th Filing Case S-449 • Dear Commissioners; • On behalf of JER Partnership and West Hill-n-Park Inc. I am requesting an extension in time for submitting the Final Plat. The owners have been requesting for some time that I move forward with this project. unfortunately due to other conflicts I was not able to resolve issues as quickly • as I expected and only submitted the Final Plat application to Weld County Planning Department last week.Initial review by Planning has turned up several, deficiencies in the'submittal. I am focusing on these issues and expect to correct them quickly. I am available to meet with you at your earliest opportunity to discuss an appropriate length for such an extention. Sincerely 2id6 1CIichael T. Thomas 1317 15h Ave. Greeley, Co 80631 686-7200 ext 415 • • • • • 992875 ‘1) 6 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C. WELD COUNTYGREELIE COLORADO INISTRATIVE OFFICES 1555 N.17TH VENUE COLORADO December 6, 1999 1 > Mr. Mike Thomas L 0 \\Y care/of JER Partnership �Nv�� 1317 15th Ave Greeley, CO 80631 RE: Major Subdivision Final Plat Submittal (West Hill & Park 5th Filing) Dear Mr. Thomas: The Department of Planning Services has reviewed the submittal materials for the subdivision Final Plat Submittal (West Hill & Park, 5th Filing), that was submitted to the Department of Planning Services on November 22, 1999. There are some items that are missing from the submittal. The items required for submittal with the Final Plan are specified in the Subdivision Ordinance and the Conditions of Approval for S-449 (Major Subdivision Preliminary Plan for West Hill & Park, 5th Filing). Also, please note that a Major Subdivision Final Plat application is not heard by the Planning Commission. Therefore, this application for a Final Plat will be heard by the Board of County Commissioners as part of the review process. Hearing dates for the Board of County Commissioners are set by the Clerk to the Board. A date for a hearing will be set only after the Department of Planning Staff has completed the Planner Comments and sent the comments to the Clerk to the Board. First, and most important, of the items that is remaining to be completed for review of the Subdivision Final Plat Submittal (West Hill & Park 5th Filing) is the requirement of Section 7.1 of the Subdivision Ordinance which state, A final plat shall be submitted for approval within one (1) year of the date a preliminary plan has been approved by the Board of County Commissioners. No final plat submission shall be accepted after expiration of the one (1) year period unless an extension of time has been granted by the Board. An extension of time may be granted by the Board upon written request of the subdivider within one (1) year of the date of approval of the preliminary plan. Any plat submitted after expiration of the approval period without a time extension shall be processed as a new preliminary plan application. An extension may be granted by the Board only if a written request is sent, addressed to the Board, prior to the one year deadline. Our records show that the Preliminary Plan was approved by the Board of County Commissioners on December 9, 1998. This places the deadline for consideration of this Final Plat application at Thursday, December 9, 1999. This letter must be submitted by you immediately or the Final Plat application submittal will be in jeopardy. Section 7.2.2 of the Subdivision Ordinance states, "The title commitment or opinion shall be completed within thirty (30) days prior to the application submission date." The title commitment that was submitted with the application for a Final Plat was not signed and it was completed on May 11, 1999 by Security Title Guaranty Company. The submittal date of November 22, 1999 is more than five (5) months out of date with the requirements of Section 7.2.2 of the Subdivision Ordinance. Section 7.2.3.9 of the Subdivision Ordinance states that the application for a Final Plat shall include: A water supply resource report. The report will contain written evidence that a water supply of sufficient quality, quantity, and dependability will be available to serve the proposed subdivision. Such evidence may include, but shall not be limited to the following: evidence of ownership or use of existing water rights; historic use and estimated yield of claimed water rights; amenability of existing rights to a change in use; evidence that a public or private water supply is available. The amount of water available for use within the subdivision, feasibility of extending services, and evidence concerning potability of the water supply for the proposed subdivision shall be identified. In consultation with the Weld County Attorney's Office, the Department of Planning Services has determined that your application for a Final Plat shall include a water supply resource report. A report does exist, conducted by the City of Greeley, which indicates water is available and that there is a commitment to serve water in the future, even in times of drought. A copy of this report shall be submitted as part of a completed application. Section 7.2.12 of the Subdivision Ordinance states that the following shall be included with a completed application for a Final Plat, " A warranty deed, if required, deeding to the appropriate entity any lands to be used for the benefit of the public or owners and future owners of this subdivision." A completed application submittal to the Department of Planning Services shall include the requirements for Section 7.2.12. In addition to the requirements outlined above that shall be completed for the Final Plat Submittal, please refer to number 4 of the Conditions of Approval that was approved by the Board of County Commissioners on December 12, 1998. Number 4 of the Conditions of Approval states seven (7) items that must be addressed and evidence of their completion submitted to the Department of Planning Services prior to acceptance of the Major Subdivision Final Plat. If you have any questions please do not hesitate to contact me. Sincerely, Eric Jerman Planner Hello