HomeMy WebLinkAbout950486HEARING CERTIFICATION
DOCKET NO. 95-18
RE: SUBSTANTIAL CHANGE HEARING #13 - MARTIN BROTHERS PARTNERSHIP
A public hearing was conducted on March 15, 1995, at 10:00 a.m., 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, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated February 15, 1995, and duly published February 23,
1995, in the Windsor Beacon, a public hearing was conducted to consider the request of Martin
Brothers Partnership for a Substantial Change Hearing to determine whether or not there has been
substantial change in the facts and circumstances regarding the application submitted by Martin
Brothers Partnership for a Change of Zone application, which was denied by the Board of County
Commissioners on September 7, 1994. If a finding is made by the Board that a substantial change
in the facts and circumstances exists, then the applicant will be allowed to apply for a Change of
Zone. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett,
Planning Department representative, read the unfavorable recommendation of the Planning
Commission into the record as written. John Martin, Martin Brothers Partnership, represented the
applicant and stated a substantial change has been made by incorporating a public water system
designed by an engineer. He explained the public water system would include one well per eight
houses and a 10,000 gallon storage tank for each well. All wells will be tied together and the
system will include a pressure pump. Mr. Martin noted the Weld County Engineer was satisfied
with the system as a public water supply. He noted the proposal is also in line with the surrounding
area, which includes two subdivisions, and the soil reports indicated residential would be the best
use. Mr. Martin further commented on the demand for housing in the area and reiterated the
property is not good farm ground. In response to questions from the Board, Mr. Martin clarified the
roads built in the existing subdivision are good roads and well maintained. He said the pumps will
be submersible and a home owners association will be formed and responsible for the water
system and road maintenance. Mr. Martin noted taxes would increase considerably and confirmed
the roads would be built to Weld County standards and approved. Mr. Morrison reminded the
Board discussion should stay within the merits of this case and not be beyond the scope of the
Board's determination to allow the applicant to apply for another Change of Zone. Chairman Hall
clarified the public water supply is the main issue, not the roads, etc. Mr. Morrison further clarified
the applicant will be allowed to submit an application for a Change of Zone if the Board determines
facts and circumstances have changed. He noted the public water supply has been proposed to
be included in the new application and was not included in the previous application. Mr. Morrison
also clarified that Mr. Schuett's argument is the water supply was not the only basis for denial and
suggested the Board discuss the differences from the last hearing. He also stated his
understanding is that Mr. Martin's position is that the public water supply has changed the basic
application and he is not basing the substantial change on the other Planning issues. Mr. Martin
confirmed Mr. Morrison's statement and noted the public water supply was very expensive and the
primary concern in the previous application. He confirmed he had received information on the other
issues. Mr. Morrison stated that, since all wells are tied together, it becomes a public system
pursuant to the definition in the Zoning Ordinance and noted the first application proposed
individual wells. Mr. Martin stated the engineer is from Denver and is not available for comment
today; however, he presented a Conceptual Water Supply Plan prepared by WRC Engineering,
950486
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RE: HEARING CERTIFICATION - MARTIN BROTHERS PARTNERSHIP
PAGE 2
Inc., as Exhibit F. Responding to further questions from the Board, Mr. Martin stated the wells are
good forever according to the State since they are 1,000 to 1,100 feet deep and recharged. He
stated the Fort Lupton Fire Protection District's requirements have been satisfied by requiring each
house to have a sprinkler system and providing adequate hookups to the 10,000 -gallon tanks for
the district. Mr. Schuett noted fire hydrants were originally planned until Mr. Martin met with the
district and decided to use sprinklers. Mr. Martin stated the cost for hydrants and pipes for delivery
of the water would be prohibitive and sprinklers satisfied the district's code. Mr. Morrison clarified
that Mr. Martin chose to adopt the sprinkler system rather than the hydrants for fire protection. Mr.
Schuett noted the second part of the criteria for the approval of a substantial change is whether
there was newly discovered evidence that the applicant could not have discovered with diligent
effort at the time of the original application. The Board clarified that the criteria states "or" not
"and". Mr. Martin noted there were no objections to this proposal and a lot of support has been
offered. No public testimony was given. Commissioner Webster moved to approve the request
of Martin Brothers Partnership for a Substantial Change in the facts and circumstances regarding
its application for a Change of Zone, which was denied by the Board of County Commissioners on
September 7, 1994, and to allow Martin Brothers Partnership to submit a new Change of Zone
application. The motion was seconded by Commissioner Harbert, and Commissioner Kirkmeyer
cautioned Mr. Martin that the Board found there was substantial change; however, the water issue
was not the only reason the first application was denied. The motion then carried unanimously.
This Certification was approved on the 20th day of March, 1995.
ATTEST:
Weld County Clerk to the Board
BY:
IL IlAkIL„
Deputy Clerk'to the Board
TAPE #95-18
DOCKET #95-18
PL0936
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXC:IISF1l r)ATF (lF APPRflVAI
Dale K. Hall, Chairman
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Barbara . Kirkmeye , Pro-Te
eorge =axter
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Constance L. Harbert
W. H. Webster
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