HomeMy WebLinkAbout20160785.tiff RESOLUTION
RE: APPROVE RESUBDIVISION, RES15-0002, TO DIVIDE LOT 3 OF OLINGER
SUBDIVISION OF GARDEN TRACTS INTO TWO LOTS - MARK AND JENNIFER
PHILLIPS
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 9th day of
March, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Mark and Jennifer Phillips, P.O. Box 1014, Platteville, CO 80651, for a
Resubdivision, RES15-0002, to divide Lot 3 of Olinger Subdivision of Garden Tracts into two lots,
on the following described real estate, being more particularly described as follows:
Lot 3, Block 3, Olinger Subdivision of Garden Tracts,
being part of the W1/2 NW1/4 of Section 18,
Township 3 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 24-5-40 of the Weld County Code provides standards for review of
said Resubdivisions, 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 recommendation 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 24-5-40.A and .B of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Sections 24-5-40.6 thru .D, of the Weld County Code as
follows:
A. Section 24-5-40.B.1 --This Resubdivision process requires all information
listed in Section 24-4-40. The Resubdivision utility map and plat shall show
only the property under consideration for the Resubdivision. If an
application requirement is not applicable to the proposed Resubdivision, it
may be waived by the Department of Planning Services. The applicant
submitted a Resubdivision application that included all the items applicable
for review. The Conditions of Approval will need to be addressed prior to
approval of this Resubdivision.
B. Section 24-5-40.6.2-- In addition to the requirements of Section 24-4-40.F.
and G., the following application information shall be submitted:
2016-0785
PL2413
CC,- G0,-,?LAW 1 kkL( AppL. 3/A9
RESUBDIVISION (RES15-0002) - MARK AND JENNIFER PHILLIPS
PAGE 2
1) A Resubdivision application form provided by the Department of
Planning Services. The applicant submitted a complete
Resubdivision application form.
2) A letter explaining the Resubdivision request. The letter shall
explain how the proposed Resubdivision complies with the
approved final plat. The letter shall also explain how the
Resubdivision complies with the adopted rules, regulations and
ordinances currently in force and affecting the subdivision. The
application materials include responses to the supplemental
requirements which address the compliance with the rules,
regulations, and ordinances in force and affecting the subdivision.
3) A copy of the recorded final plat. The applicant submitted a plat with
the application materials. The final plat will need to be submitted
once this Resubdivision is approved.
4) All public easements or rights-of-way proposed to be vacated shall
be identified and shown in hatch line form on the Resubdivision plat
to be recorded. A legal description shall also be provided for any
public easement or right-of-way not parallel to a lot line. The
applicant is not proposing to vacate any public easement or
rights-of-way. The applicant shall comply with the requirements of
the Utility Board as outlined during the February 25, 2016, hearing.
C. Section 24-5-40.B.3. -- Drainage easements or rights-of-way designed to
accept drainage shall not be changed unless supported by a drainage plan
and complete engineering data for the affected subdivision. The applicant
shall comply with the requirements of the Utility Board as outlined during
the February 25, 2016, hearing.
D. Section 24-5-40.B.4. -- An affidavit listing the names and addresses of all
entities with a security interest in the property being considered. The list
shall be compiled from the title commitment issued by a title insurance
company or a title opinion by an attorney licensed to practice in the State,
and shall be current as of a date not more than thirty (30) days prior to the
date the application is submitted to the Department of Planning Services.
The applicant submitted a complete list of all the names and addresses of
all entities with a security interest in the property.
E. Section 24-5-40.C. -- Any person wanting to apply for review of a
Resubdivision for redesign or addition of new lots, or vacation of all or
portions of a subdivision, shall arrange for a pre-application conference
with the Department of Planning Services. Upon receipt of a complete
Resubdivision application, the Department of Planning Services will
schedule the request before the Board of County Commissioners. A
Pre-Application (PRE15-0055) meeting was held on February 26, 2015,
and it was determined at that meeting that a Change of Zone and
Re-Subdivision are the applicable processes for this request.
2016-0785
PL2413
RESUBDIVISION (RES15-0002) - MARK AND JENNIFER PHILLIPS
PAGE 3
F. Section 24-5-40.D. -- No lot or parcel shall be created that is less than the
minimum lot size standards set forth in Section 24-7-50 of this Chapter.
The size of the lots are consistent with the E(Estate)Zone District minimum
lot size requirement of 2.5 acres and a maximum lot size of 20 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Mark and Jennifer Phillips, for a Re-Subdivision,
RES15-0002, to divide lot 3 of Olinger Subdivision of Garden Tracts into two lots, 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 COZ15-0006 plat shall be submitted for recording with the
RES15-0002 plat.
B. The applicant shall attempt to address the requirements of Weld County
School District RE-1, as stated in the referral response dated December 8,
2015. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) All plats shall be labeled RES15-0002.
2) Show the approved accesses on the plat and label with the
approved Access Permit Number, if applicable.
3) Show and label all easements with the recorded document
reception number and date on the plat.
4) The applicant shall comply with the requirements of the Utility Board
as outlined during the February 25, 2016, hearing.
D. The following notes shall be delineated on the Re-subdivision Plat:
1) The property owner shall control noxious weeds on the site.
2) The historical flow patterns and runoff amounts will be maintained
on the site.
3) Water service may be obtained from the Central Weld County
Water District.
4) This parcel is not served by a municipal sanitary sewer system.
Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division, and
2016-0785
PL2413
RESUBDIVISION (RES15-0002) - MARK AND JENNIFER PHILLIPS
PAGE 4
the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
5) Language for the preservation and/or protection of the absorption
field shall be placed on the plat. The note shall state: "Activity or
use on the surface of the ground over any part of the OWTS must
be restricted to that which shall allow the system to function as
designed and which shall not contribute to compaction of the soil or
to structural loading detrimental to the structural integrity or
capability of the component to function as designed."
6) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a)the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
7) The Weld County Right to Farm Statement, as it appears in Section
22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
F. The applicant shall submit one (1) paper copy or one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department
of Planning Services
G. The applicant shall create a digital file of all drawings associated with the
Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and
.dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arcinfo
Coverages and Arcinfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4); (Group 6 is not acceptable). A copy shall
be submitted to the Weld County Department of Planning Services at the
time of Mylar plat submittal.
2. Upon completion of item #1 above, the applicant shall submit a Mylar plat along
with all other documentation required as Conditions of Approval. The Mylar plat
shall be recorded in the office of the Weld County Clerk and Recorder by the
Department of Planning Services. The plat shall be prepared in accordance with
2016-0785
PL2413
RESUBDIVISION (RES15-0002) - MARK AND JENNIFER PHILLIPS
PAGE 5
the requirements of Section 24-5-40.6.1 of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty (60) days from the date
of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. If the Resubdivision plat has not been
recorded within sixty (60) days from the date of the Board of County
Commissioners resolution, or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the Resubdivision has not been abandoned
and that the applicant possesses the willingness and ability to record the
Resubdivision plat. The Board of County Commissioners may extend the date for
recording the plat. If the Board determines that conditions supporting the original
approval of the Resubdivision plat cannot be met, the Board may, after a public
hearing, revoke the Resubdivision.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dathoti ��,��,,//(• '-'L LO' Mike man Chair
Weld County Clerk to the Board � p
_ n1 Sean P. Conway, Pro-T m
BY: i(1 111.
Dep Clerk to the :oar•�!v i ♦ �r/�
-� ,Julie A. Cozad
AP V A OR
rbara Kirkmeyer
ounty Attorney
3/c95-'
Steve Moreno
Date of signature: cQD
2016-0785
PL2413
Hello