HomeMy WebLinkAbout23-16 Approving Final Subdivision Plat Accepting Property Interest Dedicated by Final Plat for Del Camino Central F No. 2, 2nd Amend. 1-25-2023RESOLUTION NO.23-16
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 DEL CAMINO CENTRAL FILINGNO.2, 2- AMENDMENT;
AUTHORIZING A SUBDIVISION AGREEMENT PERTAINING TO THE
DEL CAMINOCENTRALFILINGNO.2, 2NDAMENDMEN7SUBDIVISION
WHEREAS, Sand Land, Inc., ("Applicant"), as owner of certain real property located within
the Town of Firestone, CO (the "Property"), has submitted a proposed final plat for the Property,
entitled "Del Camino Central Filing No. 2, 2"d Amendment" (the "Final Plat"), attached hereto as
Exhibit A, and a proposed Subdivision Agreement for the Property, attached hereto as Exhibit B;
and
WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public
hearing on the Final Plat on January 19, 2023, rendered a decision recommending approval of the
Final Plat with four (4) conditions as more fully set forth in PC-23-02, dated January 19, 2023; 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 Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, 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-23-02.
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 Del Camino Central
Filing No. 2, 2°d Amendment, attached hereto as Exhibit A and incorporated herein by this
reference, subject to and contingent upon compliance with the following conditions:
(a) All remaining technical corrections to the Del Camino Central Filing No. 2,
2" Amendment final plat and construction drawings requested by Town staff shall be made
to the Town staf 's satisfaction.
(b) Prior to recordation of the Del Camino Central Filing No. 2, 2°d Amendment
final plat, a CDOT Access Permit shall be issued for the proposed access onto the East Side
Frontage Road.
(c) Prior to commencement of construction, Final Construction Plans shall be
approved by the Town and CDOT.
(d) The Town and the Applicant shall execute a subdivision agreement, in a form
to be approved by the Town Attorney.
Section 4. The dedication of all easements and all other places designated for public use
as shown upon the plat Del Camino Central Filing No. 2, 2nd Amendment is hereby accepted by
the Town of Firestone, subject however, to the following conditions:
(a) that acceptance in no way obligates the Town of Firestone for the financing,
construction, or maintenance of public improvements within such easements or other
places designated for public use; and
(b) 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 Subdivision Agreement between the Town of Firestone and Applicant is
hereby approved in the form substantially similar to the form attached hereto as Exhibit B. The Mayor
is authorized to execute the Subdivision Agreement on behalf of the Town.
Section 7. Unless otherwise extended by resolution of the Board of Trustees, the approval
of the Del Camino Central Filing No. 2, 2"d Amendment final plat shall be null and void if the
conditions set forth in Section 3 are not complied with within one hundred and eighty (180) days
of the date of this Resolution.
PASSED AND ADOPTED this5ay of , 2023.
ATTEST:
Bashor, Town Clerk
APPROVED AS TO ORM:
William a hi, n Attorney
SEAL
2
Drew Peterson, Mayor
EXHIBIT A
Del Camino Central Filing No. 2, 2"d Amendment
Final Plat
EXHIBIT B
Del Camino Central Filing No. 2, 211 Amendment —
Subdivision Agreement