HomeMy WebLinkAbout20243187.tiffRESOLUTION
RE: APPROVE RESUBDIVISION, RES24-0008, TO VACATE APPROXIMATELY 326 FEET
OF RIGHT-OF-WAY, DESCRIBED AS THE NORTHERN PORTION OF CIMARRON
COURT, WEST OF AND ADJACENT TO LOT A OF RECORDED EXEMPTION,
RECX15-0069 - WELD COUNTY DEPARTMENT OF PLANNING SERVICES
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 11th day of
December, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Weld County Department of Planning Services, P.O. Box 758,
Greeley, Colorado 80631, for a Resubdivision, RES24-0008, to vacate approximately 326 feet of
right-of-way, described as the northern portion of Cimarron Court, west of and adjacent to Lot A
of Recorded Exemption, RECX15-0069, on the following described real estate, being more
particularly described as follows:
Right-of-way; being part of the NE1/4 of Section 32,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicants and the recommendation of 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
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 24-9-90.H and Section 24-9-90.K of the Weld County Code.
2. The proposed request is in compliance with the subdivision requirements of
Chapter 24, Article IX, as follows:
A. Section 24-9-10.A states, in part: "The Resubdivision process is used to
modify a Historic Townsite, Minor Subdivision, Rural Land Division or
recorded Subdivision plat to add or consolidate lots." The Resubdivision is
being utilized to vacate right-of-way associated within a recorded Minor
Subdivision.
B. Section 24-9-20.A.4 states: "Resubdivision lots shall be served by an
adequate water source."The North Weld County Water District will provide
potable water service following the Lot Line Adjustment (LLA24-0022),
to combine this section of vacated right-of-way with Parcel
Number 0803-32-1-00-001.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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02/12/25
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C. Section 24-9-20.A.5 states: "Resubdivision lots shall be served by an
On -site Wastewater Treatment System (OWTS) or public sewer." OWTS
Permit #SP -1700423, will provide sanitary sewer service to the existing
business following the Lot Line Adjustment (LLA24-0022), to combine this
section of vacated right-of-way with Parcel Number 0803-32-1-00-001.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of the Weld County Department of Planning Services, for
a Resubdivision, RES24-0008, to vacate approximately 326 feet of right-of-way, described as the
northern portion of Cimarron Court, west of and adjacent to Lot A of Recorded Exemption,
RECX15-0069, on the parcel of land described above, be, and hereby is, granted subject to the
following conditions:
1. Prior to Recording the Resubdivision Plat:
A. The applicant shall acknowledge the comments of the Division of Water
Resources, as stated in the referral dated September 23, 2024. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The applicant shall submit Lot Line Adjustment, LLA24-0022, and
Resubdivision, RES24-0008, at the same time for recording.
C. The plat shall be amended to delineate the following:
1) All sheets shall be labeled RES24-0008.
2) The plat shall be prepared, per Section 24-9-50 of the Weld County
Code.
3) The plat shall contain the certification blocks, per Appendix 24-E of
the Weld County Code. Do not include the Department of Planning
Services — Administrative Review Certificate, the Lienholder
Certificate, or the Utility Service Provider Certificate.
4) The applicant shall show the right-of-way to be vacated with a
dashed line type and show the existing lot boundary with a
heavy -weight line type.
5) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number.
6) County Road 64 (O Street) is a paved road and is designated on
the Weld County Functional Classification Map (Code Ordinance
#2017-01) as a collector road, which requires 80 feet of right-of-way
at full buildout. The applicant shall delineate and label the existing
right-of-way and future rights -of -way (along with the creating
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document for the existing right-of-way) and the physical location of
the road on the plat.
7) Weld County Way is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label the existing
right-of-way (along with the creating document for the existing
right-of-way) and the physical location of the road on the plat.
8) Cimarron Court is a privately maintained, paved road, located within
the MINF19-0001, Minor Subdivision. It currently provides access
for Lot A of RECX15-0069, Lots 1-4 of MINF19-0001, and Outlot A
of MINF19-0001. The applicant shall delineate and label the
existing right-of-way, the portion of the right-of-way being vacated,
and the physical location of the road on the plat.
D. The following notes shall be delineated on the Resubdivision Plat:
1) Resubdivision, RES24-0008, requests to vacate portions of
right-of-way according to the subdivision of lands by the Cimarron
Land Company, LLC, Minor Subdivision, MINF19-0001.
2) Approval of this plan may create a Vested Property Right, pursuant
to C.R.S. Article 68, of Title 24, as amended, and Chapter 23,
Article VIII of the Weld County Code.
3) Allowed uses in the Resubdivision consist of 1-3 (Heavy Industrial)
uses, as listed in Chapter 23, Article III, Division 4 of the Weld
County Code.
4) The Resubdivision shall comply with all the regulations and
requirements of Chapter 24, Article IX of the Weld County Code.
5) Building Permits may be required for any new construction, set up
of manufactured structures, or change of use of existing buildings,
per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes,
2018 International Energy Conservation Code, 2020 National
Electrical Code, and Chapter 29 of the Weld County Code. A
Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for
review. A Geotechnical Engineering Report, performed by a
Colorado registered engineer, or an Open Hole Inspection shall be
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Carly Koppes, Clerk and Recorder, Weld County , CO
II
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required. A Building Permit must be issued prior to the start of
construction.
6) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
7) Access to the site shall be maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking.
8) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
9) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit, prior to commencement.
10) All access, drainage, and utility easements are dedicated for the
benefit of all owners of lots depicted on this plat, including owners
of future lots created therefrom, regardless of lot configuration or
number of users, and without limitation of the use or intensity of the
use of such easements. No lot owner may install a gate or otherwise
impede the use of such easements, without the approval of all
persons with rights of use of such easements.
11) The historical flow patterns and runoff amounts on the site will be
maintained.
12) Weld County is not responsible for the maintenance of on -site
drainage related features.
2. The Resubdivision revised draft plat shall be submitted once an application
is approved. The applicant shall electronically submit the draft plat in PDF
format to the Department of Planning Services for review by the
Departments of Planning Services and Public Works. Planning staff will
send the draft plat back to the applicant with redline comments to be
incorporated in the revised plat. There may be subsequent rounds of
review. Upon approval of the draft plat and completion of the Conditions of
Approval, the applicant shall submit the signed and notarized, approved
plat to the Department of Planning Services. The approved plat shall be
recorded in the Office of the Weld County Clerk and Recorder by the
Department of Planning Services. The approved plat and additional
requirements shall be recorded within 120 days from the date approval by
the Board of County Commissioners. The applicant shall be responsible for
paying the recording fee.
3. Upon completion of the Conditions of Approval and acceptance of the plat,
the plat shall be signed and notarized by the property owners and
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII N��.rR'JIal4r'�14�+h���'�N����lai liV1 kJ, Ill III
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submitted to the Planner, with the recording fee, for recording. The Board
of County Commissioners' Chair shall sign the plat.
4. Per Appendix 5-J of the Weld County Code should the plat not be recorded
within the required 120 days from the date the Resolution was signed, a
$50.00 Recording Continuance fee shall be assessed for each additional
three (3) month period that the plat has not been recorded, beyond the
initial 120 days.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU Y COL(JRA&Q
ATTEST: _.W.,e&. 1 Gl AA:4
Weld County Clerk to the Board
eLJcriCCK. IJQn04.-
Deputy Clerk to the Board
APPROVED
County orney
213D
Date of signature:
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII .rQ'J� 11 Willi' I iIN& 11111
O
Kevin "5wi oss, Chair
Perry L. Buck Pro-Tem
EXCUSED
Mike Freeman
co t K. James
on Saine
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