HomeMy WebLinkAbout20071484.tiff HEARING CERTIFICATION
DOCKET NO. 2007-36
RE: RESUBDIVISION, RS#1138, FOR THE VACATION OF LOT 3, DIVISION NO. 3,OF THE
LUPTON MEADOWS LAND COMPANY SUBDIVISION - L.G. EVERIST, INC.
A public hearing was conducted on May 23, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Roger Caruso
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 4,2007,and duly published May 9,2007, in the
Fort Lupton Press,a public hearing was conducted to consider the request of L.G. Everist, Inc.,for
Resubdivision, RS#1138, for the Vacation of Lot 3, Division No. 3, of the Lupton Meadows Land
Company Subdivision. Bruce Barker, County Attorney, made this a matter of record. Roger
Caruso, Department of Planning Services, presented a brief summary of the proposal, and
described the location of the site. He stated the site is currently included in the boundary for
Amended Use by Special Review Permit #1255 for a gravel mining operation; however, as a
Condition of Approval,the applicant will be required to vacate the subject parcel from AMUSR-1255.
He stated nine referral agencies reviewed the proposal, seven responded favorably or provided
comments that have been addressed in the Conditions of Approval and Development Standards,
and two did not respond. Mr. Caruso stated the Lupton Meadows Land Company Subdivision,
Division 3,was originally recorded on June 12, 1909,a replat of Division 3 was completed in 2005,
and all three Divisions consist of a total of 53 lots. He stated Lot 3, Division 3, does not currently
comply with urban scale Subdivision regulations; however, vacating the parcel will bring it into
compliance with the A(Agricultural)Zone District. He further stated all of the lots are serviced by
individual wells and septic systems, and utilize individual accesses onto local County roads.
Mr.Caruso displayed photographs of the site,and stated the third sentence of criteria paragraph#2.f
of the Draft Resolution should be corrected to reflect "#1255," rather than "#1253."
Pam Smith, Department of Public Health and Environment,stated there is a septic system for the
residence, which was permitted in 1990, and the remainder of the property is vacant.
Donald Carroll, Department of Public Works, stated the site is located at the southwest corner of
the intersection of County Roads 18 and 25, adjacent to the L.G. Everist gravel pit operation.
He stated there is a road improvements agreement with the gravel operator at this time.
2007-1484
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HEARING CERTIFICATION - L.G. EVERIST, INC. (RS #1138)
PAGE 2
Lynn Mayer Shultz represented the applicant and stated the applicant is proposing to subdivide the
parcel to exclude the existing house and the surrounding five acres from the remaining area to be
mined and reclaimed as a lake. In response to CommissionerJerke, Ms. Shultz stated there have
been several other residences within the gravel mining USR boundary which were demolished;
however,this is a two-story brick home, built in the past 10 years,and the applicant felt it was more
appropriate to leave the residence, despite the value of the underlying minerals.
No public testimony was offered concerning this matter. In response to Chair Long, Ms. Shultz
stated she and the applicant have reviewed, and concur with, the Conditions of Approval, as
proposed.
Commissioner Masden moved to approve the request of L.G. Everist, Inc., for Resubdivision,
RS #1138, for the Vacation of Lot 3, Division No. 3, of the Lupton Meadows Land Company
Subdivision,based on the recommendation of the Planning staff,with the Conditions of Approval as
entered into the record. His motion also included a clerical correction to criteria paragraph#2.f to
replace "#1253"with "#1255." The motion was seconded by Commissioner Rademacher, and it
carried unanimously. There being no further discussion,the hearing was completed at 10:15 a.m.
This Certification was approved on the 30th day of May 2007.
APPROVED:
��.. BOA:D OF COUNTY COMMISSIONERS
1 ' / ? EL� � \.UNTY, CO O' =O
ATTEST: �/[ ; �, 6. G � ��,..
' u .vid E. Long, Chair
Weld County Clerk to the B` : ,-ice j
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BY: tr i Liar I " Wi / I ro
De ty Cle to the Boa5
William F. Garcia
TAPE #2007-14 EXCUSED DATE OF APPROVAL
obert D. Masden
DOCKET#2007-36 CC)
Douglas ademacher
2007-1484
PL1564
EXHIBIT INVENTORY CONTROL SHEET
Case RS #1138 - L.G. EVERIST, INC.
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Kerr-McGee Oil and Gas Onshore, LP Letter re: Surface Use Agreement, dated
05/16/2007
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