HomeMy WebLinkAbout950471.tiffHEARING CERTIFICATION
DOCKET NO. 94-84A
RE: REPLAT OF LOTS 12 THROUGH 26, HUDSON LAND COMPANY SUBDIVISION (FOX
HAVEN ESTATES) - CHARLES AND VICKIE WACKER
A public hearing was conducted by the Board of County Commissioners on December 21, 1994,
at 10:00 a.m., at which time said matter was continued to the regular meeting on February 27,
1995, at which time said matter was set for hearing on March 13, 1995, at 9:00 a.m., which was
conducted with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Carol Harding
County Attorney, Bruce Barker
Planning Department representative, Todd Hodges
Health Department representative, Trevor Jiricek
The following business was transacted:
I hereby certify that pursuant to an amended notice dated February 27, 1995, and duly published
March 2, 1995, in the Windsor Beacon, a public hearing was conducted to consider the request of
Charles and Vicky Wacker for a Replat of Lots 12 through 26, Hudson Land Company Subdivision
(Fox Haven Estates). Bruce Barker, County Attorney, made this a matter of record. Todd Hodges,
Planning Department representative, stated a report was received from the project engineer which
answers all concerns of the Health Department and Department of Planning Services staff;
however, he indicated staff does not have a written recommendation prepared since a continuance
had been requested. After discussion, Chairman Hall called a short recess to allow Board
members time to retrieve hearing packets from their offices. Upon reconvening, Mr. Hodges
presented proposed Conditions of Approval to the Board and recommended conditional approval
of the project. He stated this is a previously -approved agricultural subdivision with 15 lots and the
replat is necessary because of changes made to the road. Mr. Hodges indicated 15 lots will
remain, with each lot being serviced by a well and septic system. Trevor Jiricek, Health
Department representative, indicated his initial recommendation requested additional geological
work because of concerns regarding groundwater levels, etc., which might affect the community
water supply for the Town of Lochbuie. He noted the information now supplied by the project
engineer indicates the subdivision is downgrade from the Town of Lochbuie; therefore, the
concerns are no longer valid. Mr. Jiricek also noted the Condition of Approval regarding radon
mitigation is offered as a recommendation from the Colorado Geological Survey Department,
although he does not feel it is a valid Condition. Mr. Hodges indicated this may now be a standard
Condition requested by the State, and Mr. Jiricek pointed out the typical mitigation for radon is
ventilation. Responding to Commissioner Harbert, Mr. Hodges indicated the Town of Lochbuie
has no concerns with this request and noted the request for a 55' radius is a result of the request
of the Public Works Department. During discussion, the Board decided 65' is more appropriate to
allow the turning of a fire truck, and Mr. Hodges stated that is not a problem. Pam Eastin,
representing the applicant, stated all Conditions of Approval are agreed to except the radon
mitigation. Responding to Commissioner Kirkmeyer, Mr. Hodges stated the concerns raised by
Don Carroll, Public Works Department, regarding a road plan and drainage program have been
addressed and are no longer a problem. In response to Commissioner Harbert, Ms. Eastin
indicated the right-of-way to the north was deeded to Public Service, which prompted this request.
During discussion it was determined another right-of-way does exist on the south side which would
allow an emergency exit from the area. Responding to Commissioner Kirkmeyer, Ms. Eastin
indicated a Homeowners Association will maintain Fox Haven Road, which accesses onto Weld
County Road 39. No public testimony was offered concerning this matter. Commissioner
950471
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Ce : PL
RE: HEARING CERTIFICATION - WACKER
PAGE 2
Kirkmeyer noted the only Conditions required after discussion are the ones concerning a note on
the plat listing the usage of the wells and a certified engineer's stamp concerning the drainage. Mr.
Hodges read the wording of Condition of Approval #1 a and #1 b. Commissioner Kirkmeyer moved
to approve the request of Charles and Vicky Wacker for a Replat of Lots 12 through 26, Hudson
Land Company Subdivision (Fox Haven Estates), based on the recommendation of the Planning
staff, with the Conditions of Approval as entered into the record. The motion was seconded by
Commissioner Webster, and it carried unanimously.
This Certification was approved on the 15th day of March, 1995.
ATTEST:
Weld County Clerk to the Board
dC BY. Yu OO t-- I Yl 11G.l�.--.
Deputy CI� to the Board
TAPE #95-09
DOCKET #94-84A
SUBD
APPROVED:
BOARD OF COUNTY COMMISSIONERS
IALLD COUNTY, CyOLO DO
Dale K. Hall, Chairma
Barbara J. Kirkmeyer, Pyo-Tem
ter
eorge ECBaxter
Constance L. Harbert f61W. H. eb/ster
950471
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