HomeMy WebLinkAbout20063444.tiff HEARING CERTIFICATION
DOCKET NO. 2006-82
RE: RESUBDIVISION, RS #1133, TO VACATE LOTS 4, 5, AND 6, DIVISION 1, LUPTON
MEADOWS LAND COMPANY SUBDIVISION -SW CHAMBERS, LLC
A public hearing was conducted on December 13, 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, Jenny Luna
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 22, 2006, and duly published
November 29, 2006, in the Fort Lupton Press, a public hearing was conducted to consider the
request of SW Chambers, LLC, for a Resubdivision, RS #1133, to Vacate Lots 4, 5, and 6,
Division 1, Lupton Meadows Land Company Subdivision. Cyndy Giauque, Assistant County
Attorney, made this a matter of record. Chris Gathman, 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. He stated Division 1 of the original subdivision was
completed in 1909, and the applicant is proposing to vacate Lots 4, 5, and 6,which would create
one parcel consisting of 101 acres. He stated the Resubdivision is requested in conjunction with
Recorded Exemption #4554. He further stated an existing single family residence and septic
system are located on the property, and the applicant intends to remove the house and septic
system in order to proceed with gravel mining operations. In response to Commissioner Masden,
Ms. Giauque stated the Resubdivision must be considered and approved before Recorded
Exemption #4554 may be considered.
Pam Smith, Department of Public Health and Environment,stated the application did not specifically
state that the house would be removed,therefore,Condition of Approval#1.C states an evaluation
of the septic system needs to be completed. She stated the applicant has determined that the
house will be removed; however,she requested Condition of Approval#1.C remain in the Resolution
and she has requested the applicant produce a letter stating the house will be removed. She further
stated the septic system will then be abandoned according to regulations listed in the Weld County
Code, and the applicant has indicated agreement with this Condition.
Don Carroll, Department of Public Works, stated Weld County Road 25 is paved from Weld County
Road 18 to the intersection of Weld County Road 20.25,and a County gravel pit operation is located
to the south.
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HEARING CERTIFICATION - SW CHAMBERS, LLC (RS#1133)
PAGE 2
Robert Bruce, attorney, represented the applicant and stated the subdivision was approved close
to 100 years ago,and future needs were not anticipated at the time of approval. He stated the intent
is to vacate existing horizontal lots out of the Lupton Meadows Land Company Subdivision, and
combine all three lots into one new large lot. He further stated upon approval of Recorded
Exemption#4554,the new combined lot will be split into two parcels,allowing the gravel operations
to occur on Lot B, and Lot A will remain a vacant residential property. Mr. Bruce stated upon
submittal of the application,the applicant thought it might be feasible to utilize the existing residence
as an office; however, it is now the intent of the applicant to abandon the current residence and
septic system. He stated the applicant will complete additional paving, and the applicant has
entered into a Road Improvements Agreement,as required. He further stated the applicant is in the
process of closing on the construction financing for the slurry wall this week,and the slurry wall will
be installed over the next six months. He stated the road improvements and required payments will
be completed within the next six months as well. Mr. Bruce stated mining activity will most likely
begin in September, 2007, and the property will be subleased to Pioneer Sand and Gravel for a
period of at least ten years. He stated the water reclamation area will ultimately be acquired by Pulte
Homes and the City of Broomfield. In response to CommissionerJerke, Mr. Bruce stated approval
of this request will create a separate legal parcel for the mining operations. He further stated the
Use by Special Review Permit is still valid, and staff has not made any concerns known regarding
the permit. Further responding to CommissionerJerke,Ms.Giauque stated the actual boundaries
of the Use by Special Review Permit will not change, and the legal description will become Lot B
of Recorded Exemption#4554, upon approval of the Recorded Exemption. In response to Chair
Geile,Mr. Bruce stated he has reviewed,and concurs with,the Conditions of Approval as proposed.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of SW Chambers, LLC, for a Resubdivision,
RS#1133, to Vacate Lots 4, 5, and 6, Division 1, Lupton Meadows Land Company Subdivision,
based on the recommendation of the Planning staff,with the Conditions of Approval as entered into
the record. The motion was seconded by Commissioner Masden , and it carried unanimously.
There being no further discussion, the hearing was completed at 11:05 a.m.
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HEARING CERTIFICATION - SW CHAMBERS, LLC (RS #1133)
PAGE 3
This Certification was approved on the 18th day of December 2006.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COU,,r , COLORADO
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ATTEST: afetiall I . '� �_
. ChaWeld County Clerk to the Board . -.4O' 43V c4 F °Cy
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'1 . D:r. •. Long, Pro-Tem
BY: ✓ _!/ �' %a` r,
Deputy lerk to the Board ,y ' ��u ' -rl, )11-
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--i- --Wil $ m H. Jerke
TAPE #2006-43
Robe Mas'd
DOCKET#2006-82
Glenn Vaad
2006-3444
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EXHIBIT INVENTORY CONTROL SHEET
Case RS #1133 -SW CHAMBERS, LLC
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