HomeMy WebLinkAbout20040903.tiff HEARING CERTIFICATION
DOCKET NO. 2004-34
RE: CHANGE OF ZONE #1039 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
E (ESTATE) ZONE DISTRICT FOR A NINE (9) LOT MINOR SUBDIVISION - CHARLES
MESERLIAN
A public hearing was conducted on April 14, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Michelle Katyryniuk
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated March 26,2004,and duly published March 31,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Charles
Meserlian for Change of Zone#1039 from the A(Agricultural)Zone District to the E (Estate)Zone
District for a nine (9)lot Minor Subdivision. Lee Morrison,Assistant County Attorney, made this a
matter of record. Michelle Katyryniuk,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. Katyryniuk gave a brief description of the location of the site and surrounding
uses. She stated 13 referral agencies reviewed this proposal, 10 responded with comments that
have been addressed in the Conditions of Approval and Development Standards,and no comments
were received from the Division of Wildlife,Town of Severance,or the surrounding property owners.
She also requested changes to Conditions #2.0 and #2.X as shown on Exhibit I.
Pam Smith, Department of Public Health and Environment, stated the large lots will require
engineered septic systems due to clay soils on the site. She stated the property is crossed with
ditches and a pond,therefore,the septic envelopes on Lots 1,6,8,and 9 may need to be adjusted
to accommodate irrigation and drainage. Commissioner Geile stated Fred Walker submitted letters
of concern on behalf of the Water Supply and Storage Company. Ms. Katyryniuk stated a referral
was sent to the Water Supply and Storage Company,and subsequent to various communications,
they have come to an agreement and the issues have been addressed.
Peter Schei, Department of Public Works, stated Minor Subdivisions do not require paving,
therefore,Condition of Approval#3.L can be deleted. However,the applicant will be required to enter
into an improvements agreement that will address dust abatement. In response to Commissioner
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CMG / Lj LC ��� PL1712
HEARING CERTIFICATION - CHARLES MESERLIAN (MZ#1039)
PAGE 2
Geile, Mr.Schei stated the applicant will also be required to delineate 30 feet of right-of-way on the
plat. He stated the proposed use will generate approximately 86 additional trips on Weld County
Road 21;the current count is 40 vehicles per day. Responding to Commissioner Vaad, Mr. Schei
stated Condition of Approval#3.E normally requires the applicant to contribute a proportional share
for dust abatement,and if the traffic count exceeds 200 vehicles,there will also be funds in escrow
if needed.
Jeff Couch,Team Engineering,represented the applicant and stated they did not receive a referral
response from the Division of Wildlife. The site is not within the Urban Growth Boundary for the
Town of Severance,therefore,they had no comment. Mr. Couch stated he contacted Mr.Walker
in July 2003,and following various discussions and draft reviews,the applicant has entered into an
agreement which satisfies the requests of the Water Supply and Storage Company. He further
stated they are working on an Off-site Agreement with the Department of Public Works to address
improvements to Weld County Road 21. Responding to Commissioner Geile, Mr. Couch stated
there will be a Homeowners'Association,the lots will be approximately seven acres,the perk rates
indicate septic systems will be adequate,and the septic envelopes are 250 feet from the ditch. He
further stated if dust abatement is required, it will be addressed through the Homeowners'
Association. He stated there is a 16-acre tract on the west which will be maintained by the
Homeowners' Association.
No public testimony was offered concerning this matter. In response to Chair Masden, Mr. Couch
stated he and the applicant have reviewed and concur with the Conditions of Approval and
Development Standards as discussed and modified.
Commissioner Long moved to approve the request of Charles Meserlian for Change of Zone#1039
from the A (Agricultural) Zone District to the E (Estate) Zone District for a nine (9) lot Minor
Subdivision, based on the recommendations of the Planning staff and the Planning Commission,
with the Conditions of Approval and Development Standards as entered into the record. His motion
also included deleting Condition of Approval #3.L and modifying Conditions #2.0 and #2.X as
indicated in staff's memorandum, marked Exhibit I. The motion was seconded by Commissioner
Jerke,and it carried unanimously. There being no further discussion,the hearing was completed
at 10:40 a.m.
2004-0903
PL1712
HEARING CERTIFICATION - CHARLES MESERLIAN (MZ#1039)
PAGE 3
This Certification was approved on the 19th day of April 2004.
APPROVED:
BOARD OF
�COUNTY COMMISSIONERS
W LF"Y -'\N ATTEST: Mid
���•
Robert D. Masden, Chair
Weld County Clerk to the ' .ar18
X61 o�t0`� illiam H. "rke, Pro-Tern
BY:
Deputy Clerk to the ?Nr ? 4
�= M. J. ' e
TAPE #2004-17
David . Long
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2004-0903
PL1712
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF APRIL, 2004:
DOCKET#2004-33 -ALTERNATIVE HOMES FOR YOUTH
DOCKET#2004-34 - CHARLES MESERLIAN
DOCKET#2004-35 - LONGMONT AIRCRAFT MODELERS ASSOCIATION
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF APRIL, 2004:
DOCKET#2004-33 -ALTERNATIVE HOMES FOR YOUTH
DOCKET#2004-34 -CHARLES MESERLIAN
DOCKET#2004-35 - LONGMONT AIRCRAFT MODELERS ASSOCIATION
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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EXHIBIT INVENTORY CONTROL SHEET
Case MZ#1039 - CHARLES MESERLIAN
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 12/02/2003)
D. Clerk to the Board Notice of Hearing
E. Applicant Information re: RFD Family Partnership,
LLLP (02/24/2004)
F. Applicant Easement and Agreement with Water
Supply and Storage Company and Warranty
Deed (02/09/2004)
G. Applicant Draft Agreement with Water Supply and
Storage Company, 2003 Tax Certificate,
and Contract with Crews and Zeren
(01/12/2004)
H. Planning Staff Certification and Photo of sign posting,
received 03/29/2004
Planning Staff Memorandum re: Proposed changes to
Conditions of Approval, submitted
04/14/2004
J.
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