HomeMy WebLinkAbout20241430.tiffRESOLUTION
RE: APPROVE RESUBDIVISION, RES24-0001, TO VACATE ROAD RIGHTS -OF -WAY PER
THE MAP OF UNION COLONY LANDS SUBDIVISION - SUNSET INDUSTRIAL, LLC
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 12th day of
June, 2024, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Sunset Industrial, LLC, 105 Coronado Court, Unit A-101, Fort Collins, Colorado
80525, for a Resubdivision, RES24-0001, to vacate road rights -of -way per the map of Union
Colony Lands Subdivision, on the following described real estate, being more particularly
described as follows:
Lot B of Lot Line Adjustment, LLA23-0010; being
part of the W1/2 of Section 3, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were present and represented by J.C. York,
J&T Consulting, Inc, 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 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 of the Weld County Code 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."This Resubdivision is being utilized to vacate right-of-way
associated withih a recorded Subdivision.
B. Section 24-9-20.A.4 of the Weld County Code states: "Resubdivision lots
shall be served by an adequate water source." North Weld County Water
District provides potable water service via Account #2184003.
C. Section 24-9-20.A.5 of the Weld County Code states: "Resubdivision lots
shall be served by an On -site Wastewater Treatment System (OWTS
existing) or public sewer."OWTS Permit #SP -2400028 will provide sanitary
sewer service to the existing residence.
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APPL. REP.
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RESUBDIVISION (RES24-0001) - SUNSET INDUSTRIAL, LLC
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D. Section 24-9-90.K states: "Vacations of a recorded Subdivision plat shall
comply with all current Zoning and Subdivision regulations per Chapter 23
and Chapter 24 of the Weld County code as amended." The request is to
vacate purported internal road rights -of -way and does not change the
character of the subdivision.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sunset Industrial, LLC, for a Resubdivision,
RES24-0001, of vacate road rights -of -way per the map of Union Colony Lands Subdivision, 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 advisory comments of Weld County Oil and
Gas Energy Department as stated in their referral dated February 27, 2024.
Evidence of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The plat shall be amended to delineate the following:
1) All sheets shall be labeled RES24-0001.
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) The applicant shall show the existing right-of-way to be vacated. Include
the right-of-way creation document information. Label as "Vacated By This
Plat."
7) The applicant shall show the Colorado Department of Transportation
(CDOT) right-of-way on the plat along with the documents creating the
right-of-way for State Highway 263 (also E. 8th Street).
8) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point(s) on the plat and label with the
approved Access Permit number, if applicable.
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9) This portion of East 8th Street (also known as State Highway 263) is under
the jurisdiction of the City of Greeley. Please contact the municipality to
verify the right-of-way. Show and label the right-of-way, show the approved
access(es) on the site plan, and label with the approved Access Permit
number, if applicable.
10) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the FEMA
Flood Zone and FEMA Map Panel Number or appropriate study.
C. The following notes shall be delineated on the Resubdivision Plat:
1) Resubdivision, RES24-0001, vacates portions of right-of-way, according to
the Subdivision of Lands by the Union Colony of Colorado.
2) Approval of this plan may create a Vested Property Right, pursuant to
Title 24, Article 68 of C.R.S., 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, and 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 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 on the sites shall be maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking.
8) The historical flow patterns and runoff amounts will be maintained on the
site.
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9) A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain or floodway, as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel
Maps #08123C-1541 F and 1542F, dated March 23, 2023 (Cache la Poudre
River). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements, as
described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements, as described in 44
CFR parts 59, 60, and 65. The FEMA definition of development is any
man-made change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment
and materials.
10) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior
to the start of any development activities, the owner should contact Weld
County to determine if the floodplain boundaries have been modified.
11) The installation of any septic system within the 100 -year floodplain shall
comply with the Weld County OWTS Floodplain Policy.
2.
3.
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 Services 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 the administrative review was
signed or from the date of approval by the Board of County Commissioners. The
applicant shall be responsible for paying the recording fee.
Upon completion of the Conditions of Approval and acceptance of the plat, the plat
may be submitted for recording, with the recording fee, to the Planner. The plat
shall be signed and notarized by the property owners. If approved by the
Department of Planning Services, the Director of the Department of Planning
Services shall sign the plat. If approved by the Board of County Commissioners,
the Chair of the Board 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT , i • P •
ATTEST: C�I C� `;4
Weld County Clerk to the Board
BY: 11`KJiVt&i I
Deputy Clerk to the Board
AP" : VED
County rney
Date of signature:
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Kevin oss, Chair
Perry L. BPro-Tem
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Mike Freeman
tt K. James
Sain
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