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Home My WebLink About20061614.tiff HEARING CERTIFICATION DOCKET NO. 2006-36 RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN, MF #1069, FOR FOUR (4) RESIDENTIAL LOTS WITH E (ESTATE) ZONING - DAVID AND SUSANNE SCHWIND A public hearing was conducted on June 14, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Jacqueline Hatch Health Department representative, Pam Smith Public Works representative, Jesse Hein The following business was transacted: I hereby certify that pursuant to a notice dated May 25, 2006,and duly published May 31, 2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of David and Susanne Schwind for a Site Specific Development Plan and Minor Subdivision Final Plan, MF#1069,for four(4)residential lots with E(Estate)Zoning. Bruce Barker,County Attorney, made this a matter of record. Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She stated the site will be serviced by the Little Thompson Water District and septic systems,and she gave a brief description of the location of the site and surrounding land uses. She further stated the site is within the three-mile referral areas for the Towns of Berthoud, Johnstown, and Mead and Boulder County. The Towns of Berthoud and Johnstown had no concerns with the proposal; however, the Town of Mead expressed concern with allowing the subdivision in unincorporated Weld County and requested the applicant be directed to petition for annexation. Ms. Hatch stated thirteen referral agencies reviewed the proposal,and nine responded favorably or provided comments that have been addressed in the Conditions of Approval. She submitted a memorandum,marked Exhibit F,requesting the addition of a new Condition of Approval #1.6 to state,"The applicant shall submit evidence that the mineral rights have been deeded to the Homeowners'Association or delineate drill envelopes on the plat." In response to Commissioner Jerke, Ms. Hatch stated the applicant is planning on deeding the mineral rights to the individual lot owners,and the Condition will serve to notify future homeowners of the potential for future drilling. Pam Smith, Department of Public Health and Environment, stated her comments dealt primarily with minor modifications to the Covenants, and she has no concern with the proposal. 2006-1614 PL1770 HEARING CERTIFICATION - DAVID AND SUSANNE SCHWIND (MF #1069) PAGE 2 Jesse Hein, Department of Public Works, gave a brief description of the location of the site, and stated the site will be accessed from Weld County Road 5,which has an average daily traffic count of 115 vehicle trips. He stated a letter from the Director of Public Works, dated January 3, 2006, indicated Weld County Road 5 has been removed from the County Financed Fugitive Dust Control Treatment Program. Mr. Hein stated Weld County Road 38 is north of the site and does not exceed the 200-vehicle threshold, therefore, off-site improvements will not be required. He stated the internal road will be privately maintained by the Homeowners'Association, it will not be accepted for County maintenance, and staff has accepted the Improvements Agreement for all on-site improvements. In response to Commissioner Jerke, David Schwind, applicant, stated he owns all of the mineral rights, and they are not leased. He stated typically when a property is sold the mineral rights transfer with the property, and it is his intention to convey the mineral rights to the future property owners. He explained it would be difficult to convey the mineral rights to the Homeowners' Association, since its only responsibility will be road maintenance. He further stated a drilling envelope will not fall on the property, which is not a concern since there is no oil in the area. Responding to Chair Geile, Mr. Schwind stated he has reviewed and concurs with the Conditions of Approval, most of which have already been completed. No public testimony was offered concerning this matter. Ms. Smith requested Condition of Approval #1.W.7 be deleted, since the property is 22 acres, which is less than the standard requirement,and the Board concurred. CommissionerJerke stated the applicant indicated this site may not fall within a drill window,nor should a local government body dictate whether mineral rights are sold or deeded, therefore, he does not support the addition of Condition of Approval#1.B, as proposed in Exhibit F. He further stated the specific bid amount for a culvert required under relettered Condition of Approval#1.C does not seem necessary. Chair Geile noted the applicant indicated he has already completed Condition#1.C. The Board concurred with not adding Condition #1.B. Ms. Hatch stated Condition#1.C includes standard language for items required under the Improvements Agreement. Peter Schei, Department of Public Works, stated the Improvements Agreement typically requires an itemized list of the various items necessary to complete the project. Mr. Barker suggested removing the second sentence of Condition #1.C, and the Board agreed. Commissioner Vaad moved to approve the request of David and Susanne Schwind for a Site Specific Development Plan and Minor Subdivision Final Plan,MF#1069,forfour(4)residential lots with E (Estate) Zoning, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. His motion included deleting the second sentence of Condition of Approval#1.B of the Draft Resolution, and deleting Condition#1.W.7. The motion was seconded by Commissioner Jerke,and it carried unanimously. There being no further discussion, the hearing was completed at 11:20 a.m. 2006-1614 PL1770 HEARING CERTIFICATION - DAVID AND SUSANNE SCHWIND (MF#1069) PAGE 3 This Certification was approved on the 19th day of June 2006. APPROVED: ��4) ARD OF COUNTY COMMISSIONERS l� ( . LD COUNTY, COLORADO ATTEST: ,�/ , . '' tea,. USED DATE OF APPROVAL . ✓• . ile, Chair Weld County Clerk to the Boar. f v1v1. ��ueitLi^�� David . Long, Pro-Tern BY: Dept Clerk t the Board W' liam H. Jerke TAPE #2006-23 Robe D. asde DOCKET#2006-36 ,(,(,(,r/atet Glenn Vaad 2006-1614 PL1770 EXHIBIT INVENTORY CONTROL SHEET Case MF #1069 - DAVID AND SUSANNE SCHWIND Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 04/18/2006) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and Photo of sign posting F. 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