when the following proceedings, among others were held and done, to-wit:

Transcription

1 STATE OF COLORADO ) COUNTY OF ADAMS ) At a regular meeting of the Board of County Commissioners for Adams County, Colorado, held at the Administration Building in Brighton, Colorado on the 22 nd day of July, 2013 there were present: Eva J. Henry Chair Charles Chaz Tedesco Commissioner Erik Hansen Commissioner Heidi Miller Acting County Attorney Keisha Hirsch, Deputy Clerk of the Board when the following proceedings, among others were held and done, to-wit: RESOLUTION FOR ZONING HEARING DECISION - CASE #PRC WELBY RESERVOIR SUBDIVISION WHEREAS, on the 22 nd day of July, 2013, the Board of County Commissioners, held a public hearing on the application of Denver Water, Case #PRC ; and, WHEREAS, this case involved an application for: 1) Create a new Major Subdivision (final plat) consisting of five newly created lots on approximately 90.2 acres; 2) Rezone newly created lot 1 from I-2/A-1 to I-2, lot 3 from I-2/A-1 to I-2, lot 4 from I-2/A-1 to I-1, and lot 5 from I-2/A-1 to C-5; 3) Vacate the existing 69th Way roadway and replace it with a newly aligned and constructed 69th Way; and 4) Intergovernmental Agreement among Denver Water, Adams County, and South Adams Water and Sanitation District on the following described property: PARCEL NUMBER: , , , , , , , , , , APPROXIMATE LOCATION: Multiple parcels primarily along East 69 th Way between York Street and Welby Reservoir LEGAL DESCRIPTION: A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 3 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE BASIS OF BEARINGS OF THE DESCRIPTION IS N 00 05' 40" W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1. COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 1; THENCE N 35 24'19" E A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED AT RECEPTION NO. C FILED IN THE ADAMS COUNTY CLERK AND RECORDER'S OFFICE; SAID POINT BEING ON THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 4799, PAGE 655 FILED IN THE ADAMS COUNTY CLERK AND RECORDER'S

2 OFFICE; SAID LINE BEING THE SAME SOUTH LINE OF A PARCEL OF LAND DESCRIBED AT BOOK 2581, PAGE 892 FILED IN THE ADAMS COUNTY CLERK AND RECORDER'S OFFICE; THE LOCATION OF SAID SOUTH LINE HAS BEEN ESTABLISHED BY A SURVEY PREPARED BY FLATIRONS SURVEYING, INC., DATED OCTOBER 14, 2002 FILED AT LAND SURVEY PLAT BOOK 1, PAGE 2183 FILED IN THE ADAMS COUNTY SURVEYOR'S OFFICE AND AGREED TO BY ALL ADJOINING PROPERTY OWNERS IN THE REVISED SETTLEMENT AND BOUNDARY AGREEMENT FILED AT RECEPTION NO. C IN THE ADAMS COUNTY CLERK AND RECORDER'S OFFICE; SAID POINT BEING THE POINT OF BEGINNING; THENCE N 89 35'05" E ALONG THE SOUTH LIEN OF THE LANDS DESCRIBED AT SAID RECEPTION NO. C A DISTANCE OF FEET TO THE SOUTHEAST CORNER OF THE LANDS DESCRIBED AT SAID RECEPTION NO. C ; THENCE N 00 05'01" W ALONG THE WEST LINE OF THE LANDS DESCRIBED AT SAID RECEPTION NO. C AND THE WEST LINE OF THE LANDS DESCRIBED AT SAID RECEPTION NO. C FILED IN THE ADAMS COUNTY CLERK AND RECORDER'S OFFICE A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF LOT 2, HILLTOP INDUSTRIAL PARK, A SUBDIVISION FILED IN THE ADAMS COUNTY CLERK AND RECORDER'S OFFICE AT FILE 17, MAP 166; THENCE S 89 54'20" W ALONG THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED AT SAID RECEPTION NO. C ; THENCE S 00 01'54" E ALONG THE WEST LINE OF THE LANDS DESCRIBED AT SAID RECEPTION NO. C A DISTANCE OF FEET TO THE POINT OF BEGINNING. 1. Parcel Number SECT,TWN,RNG: DESC: PARCEL C PARC IN THE SW4 NW4 OF SEC 1 DESC AS FOLS THE BASIS OF BRNGS OF THE DESC IS N 00D 05M 40S W ALG THE W LN OF THE SW4 NW4 OF SD SEC 1 BEG AT THE W 1/4 COR SD SEC 1 TH N 19D 38M 14S E 1027/27 FT TO A PT AT THE INTERSEC OF THE E ROW LN OF COLUMBINE ST SD PT BEING THE POB TH N 89D 30M 42S E 321/61 FT TH N 00D 05M 40S W 93/84 FT TO THE S LN OF LOT 2 HILLTOP IND PARK TH S 89D 54M 20S W 353/47 FT TO A PT ON E ROW LN OF COLUMBINE ST TH S 18D 27M 11S E 101/20 FT TO THE POB 0/7361A 2. Parcel Number SECT,TWN,RNG: DESC: BEG 263 FT N OF SW COR OF NW4 SEC 1 TH E 1140 FT TH S 1/5 FT TH E 180 FT M/L TO E LN SW4 NW4 TH N 530/3 FT M/L TH W 180/40 FT TH S 10D 48M W 33/4 FT TH W 905/6 FT TH S 05D 20M W 322/9 FT TH S 140 FT TH W AT R/A 311 FT TH S ALG W LN SD SW4 NW4 38 FT TO POB EXC RDS EXC DTS EXC PT PLATTED AND EXC PARC NWLY OF DT AND EXC PARCS (REC NO ) 0/8717A 3. Parcel Number SUB:FABRIZIO ACRES LOT:3 4. Parcel Number SUB:FABRIZIO ACRES DESC: N 100 FT OF LOT 4 5. Parcel Number SUB:FABRIZIO ACRES DESC: LOT 4 EXC N 100 FT

3 6. Parcel Number SUB:GARDENERS DITCH LAND DEVELOPMENT CO BLK:3 DESC: PT OF LOT 2 BLK 3 AND PT OF THE SW4 NW4 OF SEC 1/3/67 DESC AS FOLS THE BASIS OF BRNGS OF THIS DESC IS N 00D 05M 40S W ALG THE W LN OF THE SW4 NW4 OF SD SEC 1 TH N 35D 24M 19S E 1150/82 FT TO THE SW COR SD PT BEING THE POB TH N 89D 35M 05S E 132/14 FT TO THE SE COR TH N 00D 05M 01S W 125/36 FT TO A PT ON THE S LN OF LOT 2 HILLTOP IND PARK TH S 89D 54M 20S W ALG THE S LN OF SD LOT 2 A DIST OF 132 FT TO THE NW COR TH S 00D 01M 54S E 126/10 FT TO THE POB /3910A 7. Parcel Number SUB:GARDENERS DITCH LAND DEVELOPMENT CO BLK:3 DESC: ALL OF LOT 1 TOG WITH PT OF LOT 2 BLK 3 DESC AS BEG AT THE W4 COR OF SEC 1/3/68 TH N 933/16 FT TH E 27 FT TO PT ON E ROW LN OF YORK ST TH CONT E 773/31 FT TO THE POB TH N 32/42 FT TH E 521/95 FT TH S 33/09 FT TH W 522/15 FT TO THE POB 8. Parcel Number Commencing at the northwest (NW) corner of said Section 1, being a 3 inch Aluminum Cap LS 22571; Thence South East feet to a point on a north boundary line of Denver Water s property for Cat Lake, being also the Point of Beginning. Thence along said north boundary line the following eight courses; North East feet; Thence South West feet; Thence North East feet; Thence North East feet; Thence North East feet; Thence North East feet; Thence along a curve to the left having a radius of feet, through a central angle of and an arc length of feet (the chord of which bears North East feet); Thence North East feet to an easterly boundary line for said Denver Water property; Thence along said easterly boundary line the following twenty courses; South East feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet; Thence South West feet to a southerly boundary line of said property; Thence along said southerly boundary line South West feet to a westerly boundary line of said property; Thence along said westerly boundary line the following twenty courses; North West feet; Thence North East feet; Thence North West feet; Thence North East feet; Thence North East feet; Thence South West feet; Thence North East feet; Thence North East feet; Thence North East feet; Thence North East feet; Thence North East feet; Thence North East feet; Thence South West feet; Thence North East feet; Thence North East feet; Thence along a curve to the left having a

4 radius of feet, through a central angle of and an arc length of feet (the chord of which bears North East feet); Thence North East feet; Thence along a curve to the right having a radius of feet, through a central angle of and an arc length of feet (the chord of which bears North East feet); Thence North East feet; Thence North West feet to a southerly boundary line of said property; Thence along said southerly boundary line the following three courses; South West feet; Thence North West feet; Thence South West feet to a westerly boundary line of said property; Thence along said westerly boundary line the following five courses; North East feet; Thence North West feet; Thence North West feet; Thence North West feet; Thence North West feet to a northerly boundary line of said property; Thence along said northerly boundary line the following four courses; North East feet; Thence South West feet; Thence North East feet; Thence North East feet to a westerly boundary line of said property; Thence along said westerly boundary line the following nine courses; North West feet; Thence North West feet; Thence North West feet; Thence North West 3.20 feet; Thence South West feet; Thence North West feet; Thence along a curve to the right having a radius of feet, through a central angle of and an arc length of feet (the chord of which bears North East feet); Thence North East for a distance of feet; Thence along a curve to the right having a radius of feet, through a central angle of and an arc length of feet (the chord of which bears North East feet to a southerly boundary line of said property); Thence along said southerly boundary line South West feet to a westerly boundary line of said property; Thence along said westerly boundary line North East feet to a northerly boundary line of said property; Thence along said northerly boundary line North East feet to a westerly boundary line of said property; Thence along said westerly boundary line North West feet to the Point Beginning Contains acres more or less (3,601,764 square feet). Commencing at the northwest (NW) corner of said Section 1, being a 3 1/4 inch Aluminum Cap LS Thence South East feet to a point on a northerly boundary line of Denver Water s property for Cat Lake also being a point on the east boundary line of York Street, being also the Point of Beginning. Thence along said northerly boundary line North East feet to an easterly boundary for said property; Thence along said easterly boundary line South East feet to a southerly boundary of said property; Thence along said southerly boundary the following three courses; South West feet; Thence South West feet; Thence North West feet to a point on the shared boundary line of said east boundary of York Street and a westerly boundary of said property; Thence North West for a distance of feet to the Point of Beginning. contains acres more or less (23,671 square feet). 9. Parcel Number SUB:GARDENERS DITCH LAND DEVELOPMENT CO BLK:2 LOT:1 PARCEL 3 PT OF LOT 1 DESC AS FOLS BEG AT A PT FROM WHICH THE NW COR OF SEC 1/3/68 BRS N 53D 00M 42S W 1604/05 FT TH N 79D 05M 34S E 188/50 FT TH S 32D 36M 02S W 14/95 FT TH N 79D 17M 27S E 2/56 FT TO A PT ON THE W BDRY OF DENVER WATERS EASEMENT THE AGREEMENT FOR REC NO TH ALG SD EASEMENT THE FOL 5 COURSES S 32D 45M

5 13S W 75/60 FT TH S 16D 38M 53S W 101/20 FT TH S 31D 09M 02S W 49/98 FT TH S 38D 00M 00S W 36/14 FT TH ALG ATHE ARC OF CURVE TO THE LEFT HAV A RAD OF 210 FT A DIST OF 75/29 FT (THE CHD OF WHICH BRS S 27D 43M 46S W 74/89 FT)TH S 89D 37M 54S W 252 FT TH N 00D 33M 42S E 111/50 FT TH N 89D 35M 16S E 224/48 FT TH N 00D 06M 13S W 163/50 FT TO THE POB 10. Parcel Number SUB: GARDENERS DITCH LAND DEVELOPMENT CO BLK:3 LOT:3 EXC PARCS (REC NO ) WHEREAS, substantial testimony was presented by members of the public and the applicant; and, WHEREAS, the Adams County Planning Commission held a public hearing on the 22 nd day of July, 2013, and forwarded a recommendation of APPROVAL to the Board of County Commissioners based on the following: NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, County of Adams, State of Colorado, that based upon the evidence presented at the hearing and the recommendations of the Department of Planning and Development and the Planning Commission, the application in this case be hereby APPROVED based upon the following findings of fact and subject to the fulfillment of the following conditions precedent and stipulations by the applicant: Final Plat 1. The final plat is consistent and conforms to the approved preliminary plat. 2. The final plat is in conformance with the subdivision design standards. 3. The applicant has provided evidence that a sufficient water supply has been acquired in terms of quantity, quality, and dependability for the type of subdivision proposed, as determined in accordance with the standards set forth in the water supply standards. 4. The applicant has provided evidence that a public sewage disposal system has been established and, if other methods of sewage disposal are proposed, adequate evidence indicating that such system complies with state and local laws and regulations. 5. The applicant has provided evidence to show all areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified by the applicant and the proposed uses of these areas are compatible with such conditions. 6. The proposed or constructed drainage improvements are adequate and comply with these standards and regulations.

6 7. Adequate public facilities or infrastructure, or cash-in-lieu, for impacts reasonably related to the proposed subdivision have been constructed or financially guaranteed through cash-in-lieu or a subdivision improvements agreement so the proposed subdivision will not negatively impact the levels of service of the County. Rezoning 8. The Zoning Map amendment is consistent with the Adams County Comprehensive Plan. 9. The Zoning Map amendment is consistent with the purposes of these standards and regulations. 10. The Zoning Map amendment will comply with the requirements of these standards and regulations. 11. The Zoning Map amendment is compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, not detrimental to the future development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County. Roadway Vacation 12. The roadway vacation complies with these standards and regulations and the original conditions of approval. 13. Nonconforming lots are not created, and in the case of nonconforming lots, the nonconformity is not increased. 14. The roadway vacation is in keeping with the purpose and intent of the subdivision regulations. 15. The approval will not adversely affect the public health, safety, and welfare. 16. The vacation does not leave any land adjoining the roadway without an established public road or private access easement connecting said land with another established public road. 17. If the roadway is a state or federal highway, the vacation has been approved by the state transportation commission. Recommended Conditions: 1. The applicant shall work with Metro Wastewater Reclamation District to establish a legal right of continued access along a 20-foot wide access easement between the end of the proposed E. 69 th Way and the existing easement in order to access the force main.

7 2. The applicant must submit a state CDPS Stormwater Construction Permit and an Erosion and Sediment Control Plan. 3. The applicant must provide a copy of the state permit certification and a Stormwater Management Plan. 4. All new access requests for all new lots must meet the County s development standards. 5. A building permit will be required for the concrete masonry barrier wall. 6. Utility permits will be required for the new storm sewer, waterline, and the relocation of the existing Xcel Energy gas line. 7. The applicant must provide a site grading and drainage plan for any new roadway or lot improvement projects. Note to the Applicant: 1. The applicant shall comply with all building, zoning, fire, engineering, and health codes and regulations during the development of the project area.

8 Upon motion duly made and seconded the foregoing resolution was adopted by the following vote: Henry Aye Tedesco Aye Hansen Aye Commissioners STATE OF COLORADO ) County of Adams ) I, Karen Long, County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Brighton, Colorado this 22 nd day of July, A.D County Clerk and ex-officio Clerk of the Board of County Commissioners Karen Long: By: Deputy

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