HomeMy WebLinkAbout20020298.tiff HEARING CERTIFICATION
DOCKET NO. 2002-06
RE: CHANGE OF ZONE #566 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E
(ESTATE) ZONE DISTRICT FOR A FOUR (4) LOT MINOR SUBDIVISION IN THE A
(AGRICULTURAL) ZONE DISTRICT - GUY JENSEN
A public hearing was conducted on January 30, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Lauren Light
Health Department representative, Pam Smith
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated January 11, 2002, and duly published January 16,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Guy Jensen for Change of Zone #566 from the A (Agricultural) Zone District to the E (Estate)
Zone District for a four (4) lot Minor Subdivision. Lee Morrison, Assistant County Attorney, made
this a matter of record. Lauren Light, 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. Ms. Light gave a brief description of the location of the site, and stated the lots
will range in size from 3.9 to 7.9 acres. She stated the internal road will be accessed from Weld
County Road 23 and there is an existing house on Lot 1 with a direct access to Weld County
Road 23; however, it will be relocated to use the internal road at Final Plan. Ms. Light stated the
property will be serviced by the Central Weld County Water District and individual septic systems.
She further stated six referral agencies responded with no conflict,one did not respond, and seven
responded with comments that have been addressed by the Conditions of Approval. Ms. Light
submitted letters from the Weld County Sheriff's Office and the Slate Ditch Company, marked
Exhibits F and G, respectively. She stated the applicant has draft agreements with the mineral
holder; however, they are not yet finalized, and the mineral lease holders will be notified again
before consideration of the final plat, which will be considered by the Board.
In response to Commissioner Geile, Ms. Light stated the applicant owns shares of the Slate Ditch
and indicated he will provide each lot owner with rights to use the water for irrigation. She further
stated there is a fire hydrant at the intersection of Weld County Roads 14.5 and 23, and although
the Fort Lupton Fire Protection District requested the hydrant be upgraded, there would be
considerable cost involved in expanding the lines. She clarified the hydrant was a referral request;
however, it was not added as a Condition of Approval. Responding further to Commissioner Geile,
Ms. Light stated the property is not located within the Urban Growth Boundary for the Town of Fort
Lupton, and added the Town's meeting minutes indicate no concern with this particular
< _ 'lC) 2002-0298
Cd / -/ / PL1580
HEARING CERTIFICATION - GUY JENSEN (COZ #566)
PAGE 2
development. Commissioner Geile commented a municipalities amount of influence is different for
properties which are located in an Urban Growth Boundary versus an Area of Influence. He
suggested the Department of Planning Services correspond with the towns to clarify the difference.
Responding to Commissioner Jerke,Drew Scheltinga,Department of Public Works,stated in larger
developments the County requires 24-foot paved internal roads with four-foot shoulders; however,
the applicant is proposing a 26-foot roadway.
Kirk Goble, The Bell 5 Land Company, represented the applicant and stated all of the lots have
existing taps installed. Although the Fort Lupton Fire Protection District proposed the fire hydrant
be upgraded, this is not a requirement pursuant to the Fire Code. Mr. Goble stated the applicant
originally proposed a 20-foot road; however, they now intend to construct a 26-foot roadway which
meets County standards and is acceptable for dedication. He indicated the location of an existing
wellhead and clarified it is located off-site and is not a part of this property. He further stated all
of the structures and fences will meet the setback requirements from the oil and gas facilities,
which are owned by RME Land, and operated by KP Kauffman and Kerr-McGee. Mr. Goble
explained the mineral owners have indicated there are coal reserves located at depths of 150 to
500 feet below the surface, and they have requested payment for loss of the mineral rights due to
the proposed development. He stated the applicant has agreed to pay the cost because it will be
less expensive then fighting the issue in court. Responding to Commissioner Jerke, Mr. Goble
stated all of the issues regarding address signs, mailboxes, and the school bus turn out have been
addressed with the appropriate parties. Commissioner Jerke commented bus shelters are not a
typical requirement for this type of development. Mr. Goble stated School District RE-8 is not
requiring a shelter, but there will be a wider access and an adequate turnaround area for the buses.
Responding further to Commissioner Jerke, Mr. Goble stated the mail boxes will be located on the
west side of Weld County Road 23, so residents will not be required to cross the road. In response
to Commissioner Vaad, Mr. Goble stated Lot A of Recorded Exemption#40 and Lot A of Recorded
Exemption #2303 are not part of this proposal and each has a private access from Weld County
Road 14.5. He further stated Lots 1 through 4 will all access from the internal road. Mr. Goble
clarified there is a Draft Agreement which was originated by Molly Sommerville, RME Land, and
he anticipates it will be finalized following payment for the mineral rights. Responding to Mr.
Morrison, Mr. Goble stated they will receive ownership of the mineral rights in the form of
relinquishment and a Quit Claim Deed. In response to Mr. Morrison, Ms. Light stated this property
is not located in an identified mineral resource recovery area. Responding to Chair Vaad, Ms. Light
proposed a Condition be added as item #4.G to state, "Prior to recording the Final Plat the
applicant shall submit to the Weld County Department of Planning Services a signed copy of an
agreement with the properties mineral and leasehold owners."
No public testimony was offered concerning this matter. In response to Commissioner Vaad, Mr.
Goble stated he and the applicant have reviewed and agree with the Conditions of Approval as
proposed as amended.
Commissioner Geile moved to approve the request of Guy Jensen for Change of Zone#566 from
the A(Agricultural)Zone District to the E (Estate)Zone District for a four(4) lot Minor Subdivision,
based on the recommendations of the Planning staff and the Planning Commission, with the
Conditions of Approval as entered into the record. His motion also included adding Condition of
Approval #4.G to state, "Prior to recording the Final Plat the applicant shall submit to the Weld
County Department of Planning Services a signed copy of an agreement with the properties
mineral and leasehold owners." The motion was seconded by Commissioner Jerke, and it carried
unanimously.
2002-0298
PL1580
HEARING CERTIFICATION - GUY JENSEN (COZ #566)
PAGE 3
There being no further discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 4th day of February 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
f WELD COUNTY, COLORADO
ATTEST: { �„ EXCUSED DATE OF APPROVAL
' `1 w� '�( Glen ad, C air
Weld .1P!!y "'�? . the Board
David E. Lo'., Pro-Tem
*S(0160( .the oard =- -
r, et . J. eile
TAP #2002-02 EXCUSED DATE OF APPROVAL
Iliam H. Jerk
DOCKET #2002-06 a., �)
Robert D. Masden
2002-0298
PL1580
EXHIBIT INVENTORY CONTROL SHEET
Case USR#566 - GUY JENSEN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/18/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site (01/18/2002)
F. Planning Staff Memo from Sheriff's Office (01/21/2002)
G. Planning Staff Letter from Slate Ditch Company
(12/18/2001)
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
E ',I) ' \
o o
• c
' a
C N
O• d o Q/2
A
t tl I7 i 73
E to C iE�
w• t O
C t li c
42
S R C3 0 I--
N
•7
:& 'A -;;:(1) '' '''
;�4
0
IN
C3 . IN
W
o Ix 0 I ) ,r` ��
w .
LI
Z
O CC CO Z ^1
w 0 a L-
1
.
Q a 0 C/i •�' ' i# I�
2
co
Q 41 ii y ^ C r
2 w R IX ZSi;"---\I
Z Z Q ,_ Q N `� .�
a
r ,1
CD zz c � �
w
O } 'a ‘
ct
p D Q O ,1 /7 ,y
w
co
w NN •� V
rt p p .a 3 v
0 * * •a) o J
Z WW w w o , 4 A )i.‘
2 YY Q 2 c 4
Z OD a Z o � ti
Hello