HomeMy WebLinkAbout20-67 Final Plat Barefoot Lakes Filing 5 07-08-2020RESOLUTION N0.20-67
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A FINAL SUBDIVISION PLAT
AND ACCEPTING THE PROPERTY INTERESTS DEDICATED BY THE
FINAL PLAT FOR CERTAIN REAL PROPERTY LOCATED WITHIN
BAREFOOT LAKES FILING NO. 5; AND APPROVING A FINAL
DEVELOPMENT PLAN FOR CERTAIN REAL PROPERTY LOCATED
WITHIN BAREFOOT LAKES FILING NO.5
WHEREAS, Barefoot, LLC ("Applicant"), as owner of certain real property described as
Tract G, Barefoot Lakes Filing No. 4 (the "Property"), has submitted a proposed final plat for the
Property, entitled "Barefoot Lakes Filing No. 5" (the "Final Plat") and a proposed final development
plan for the Property, entitled "Final Development Plan Barefoot Lakes Filing No. 5" (the "Final
Development Plan"); and
WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public
hearing on the Final Plat and Final Development Plan on June 18, 2020 rendered a decision
recommending approval of the Final Plat and Final Development Plan with five (5) conditions as
more fully set forth in PC-20-08, dated June 18, 2020; and
WHEREAS, after reviewing the record of the Planning and Zoning Commission public
hearing, and after considering the testimony, evidence and argument presented at the Board of
Trustees public hearing, the Board of Trustees finds the proposed Final Plat to be in substantial
compliance with the technical requirements of the Town of Firestone subdivision and zoning
ordinances and applicable Development Regulations; and
WHEREAS, the Board of Trustees further finds and determines that the Final Development
all is complete, and that the Applicant has met the applicable requirements and standards set
forth in the Firestone Municipal Code and Firestone Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIl2ESTONE, COLORADO:
Section 1. The Board of Trustees acknowledges the Planning and Zoning Commission's
findings of fact in this case, as detailed in Resolution PC-20-08.
Section 2. The above Recitals and Findings of the Board of Trustees are hereby
incorporated into this resolution.
Section 3. The Board of Trustees hereby approves the final plat for Barefoot Lakes Filing
No. 5, attached hereto as Exhibit A and incorporated herein by this reference, subject to and
contingent upon compliance with the following conditions:.
(a) All minor, technical corrections to the Barefoot Lakes Filing No. 5 final plat
shall be made to the Town's satisfaction.
(b) The final plat shall not be recorded until Barefoot, LLC furnishes to the Town
a recorded release or other supporting documentation from Kerr-McGee, confirming that Lots
9-11, Block 6, as depicted on the final plat: (1) have either been released from any existing
USR permit area, as evidenced by that certain USR boundary map recorded on June 12, 2014
in the Weld County Clerk and Recorder's Office at Reception No. 4023035; or (2) are not
subject to or will not interfere with any rights and privileges granted to Kerr-McGee under
any USR permit issued by Weld County or any Surface Use Agreement recorded at Reception
No. 4081971 or Reception No. 3956309.
(c) Barefoot, LLC shall provide an updated title commitment when the mylars
are provided for recording, dated no later than thirty (30) days prior to submission of
mylars.
(d) Barefoot, LLC shall pay applicable fees incurred as a result of the
application approval, including, but not limited to, utility, remapping, public land
dedication, cash -in -lieu fees, legal notice and legal review, and recording fees;
(e) Within ninety (90) days of the date of this resolution, Barefoot LLC shall
execute a subdivision development agreement in a form satisfactory to the Town Attorney.
On behalf of the Town, the Mayor is authorized to execute the Subdivision Development
Agreement.
Section 4. The dedication of all easements and all other places designated for public
use as shown upon the plat Barefoot Lakes Filing No. 5 is hereby accepted by the Town of Firestone,
subject however, to the condition that the Town shall not undertake maintenance of any easement
or other place designated for public use until after construction of all necessary public
improvements has been satisfactorily completed by the land owner and accepted in writing by the
Town of Firestone.
Section 5. The Mayor and Town Clerk are hereby authorized and directed to certify
upon the final subdivision plat the Town's approval and acceptance thereof. The Town Clerk is
hereby authorized and directed to file the subdivision plat with Weld County Clerk and Recorder's
office upon fulfillment of all conditions as indicated herein.
Section 6. The Final Development Plan, Barefoot Lakes Filing No. 5, Town of
Firestone, Weld County, State of Colorado, attached hereto as Ext B and incorporated herein
by this reference, is hereby approved, subject to and contingent upon compliance with the following
conditions:
(a) All minor, technical corrections to the Barefoot Lalces Filing No. 5 final
development plan shall be made to the Town's satisfaction.
(b) Within ninety (90) days of the date of this resolution, Barefoot LLC shall
execute a revocable license agreement, in a form satisfactory to the Town Attorney,
addressing signage and landscaping within any rights -of -way. On behalf of the Town, the
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Mayor is authorized to execute the license agreement.
Section 7. Unless otherwise extended by resolution of the Board of Trustees, the approval
of the Barefoot Lakes Filing No. 5 final plat and final development plan for Barefoot Lakes Filing
No. 5 shall be null and void if the conditions set forth in Section 3 and Section 6 are not complied
with within one hundred and twenty (120) days of the date of this Resolution.
PASSED AND ADOPTED this 8day of July, 2020.
TOWN
ATTEST:
c
J si Koenig, Town
RM:
Hayashi, Town Attorney
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iNeffill
Barefoot Lakes Filing No. 5
Final Plat
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Barefoot Lakes Filing No. 5
Final Development Plan
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