HomeMy WebLinkAbout23-31 Approving Final Subdivision Plat & Accepting Property Interest Dedicated by Final Plat Cottonwood Hollow F 4A 03-22-2023RESOLUTION NO.23-31
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 COTTONWOOD
HOLLOW FILING NO. 4A; AUTHORIZING A SUBDIVISION AGREEMENT
PERTAINING TO THE COTTONWOOD HOLLOW FILING NO. 4A SUBDIVISION
WHEREAS, Cottonwood Colorado Residential, LLC and Cottonwood Residential V, LLC,
("Applicants"), as owners of certain real property located within the Town of Firestone, Colorado (the
"Property"), have submitted a proposed final plat for the Property, entitled "Cottonwood Hollow Filing No.
4A" (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 March 16, 2023, rendered a decision recommending approval of the Final Plat with seven (7)
conditions as more fully set forth in PC-23-04, dated March 16, 2023; and
WHEREAS, after reviewing the decision of the Planning and Zoning Commission, 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-23-04.
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 Cottonwood Hollow Filing No.
4A, 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 Cottonwood Hollow Filing No. 4A final plat
and construction drawings requested by Town staff shall be made to the Town staff's satisfaction.
(b) Prior to commencement of construction, Final Construction Plans shall be approved by
the Town.
(c) Prior to recordation of the final plat, a Phase III Drainage Report shall be approved by
the Town.
(d) Prior to recordation of the final plat, the Sable Avenue Construction Plans shall be
approved by the Town.
(e) Prior to recordation of the final plat, all agreements and easements with the Godding
Ditch Company shall be fully executed.
(D The Town and the Applicant shall execute a subdivision agreement, in a form to be
approved by the Town Attorney.
(g) Prior to recordation of the final plat, a Traffic Report shall be approved by the Town.
Section 4. The dedication of all easements and all other places designated for public use as shown
upon the plat Cottonwood Hollow Filing No. 4A 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
Cottonwood Hollow Filing No. 4A 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 this U day of March 2023.
A EST:
una Gonzalez, Deputy Town Clerk
APPRO ED AS T ORM:
William P. Hayashr,10bwn Attorney
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FraA . imene ay em
EXHIBIT A
Cottonwood Hollow Filing No. 4A
Final Plat
EXHIBIT B
Cottonwood Hollow Filing No. 4A— Subdivision
Agreement