HomeMy WebLinkAbout20052489.tiff HEARING CERTIFICATION
DOCKET NO. 2005-65
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN,
MF#547, FOR NINE(9)RESIDENTIAL LOTS,OWL CREEK ESTATES-OLANDO, LLC,
C/O ED ORR AND TAMMY ELLERMAN
A public hearing was conducted on September 7, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Robert Jacobs
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 19,2005,and duly published August 24,2005,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Olando, LLC,
c/o Ed Orr and Tammy Ellerman,fora Site Specific Development Plan and Minor Subdivision Final
Plan, MF#547,for nine(9)residential lots, known as Owl Creek Estates. Lee Morrison,Assistant
County Attorney, made this a matter of record. Sheri Lockman, 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. She gave a brief description of the location of the
site and surrounding land uses. Ms. Lockman stated twelve referral agencies reviewed this
proposal, nine responded favorably or provided comments that have been addressed in the
Conditions of Approval,and staff received one letter of concern from a surrounding property owner
regarding traffic safety issues. She stated the primary issue at Planning Commission dealt with
obtaining a Surface Use Agreement with Kerr-McGee;however,that matter has been resolved,and
she submitted a signed copy, marked Exhibit J. She further stated the applicant has provided
evidence of a registered Homeowners'Association,as well as an access permit from the Colorado
Department of Transportation (CDOT), therefore, Conditions of Approval #1.E and #1.J can be
deleted. She also requested the addition of Condition#1.K.4 to state, "All easements included in
the Surface Use Agreement shall be indicated on the plat."Ms.Lockman displayed photographs of
the site and surrounding area,and responding to ChairJerke,she stated the site will have ingress
and egress from State Highway 392. In response to Commissioner Masden, Ms. Lockman stated
because this is a Minor Subdivision,the applicant is not required to provide open space; however,
there is a small outlot at the entrance for a sign and mailbox. In response to Commissioner Vaad,
Ms.Lockman stated this application was approved unanimously by the Planning Commission,and
she will work with the Planning Commission clerk to correct the Resolution to reflect the appropriate
votes. Responding to Chair Jerke, Ms Lockman stated the area east of the proposed access is
2005-2489
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HEARING CERTIFICATION - OLANDO, LLC/ ED ORR AND TAMMY ELLERMAN (MF#547)
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Lot A of an old Recorded Exemption, and the existing residence will be visible from Lot 9. In
response to Commissioners Geile and Long, Ms. Lockman stated the applicant will provide a
diagram showing the new drilling envelopes and easements,and the Department of Public Works
can address the drainage issues related to Owl Creek.
Pam Smith, Department of Public Health and Environment,stated the lots range in size from 5.18
acres up to 15 acres. She stated the preliminary percolation rates indicate conventional systems
will be adequate; however, due to shallow bedrock, the systems may need to be mounded to
provide a four-foot separation. She further stated the site will be serviced by the North Weld County
Water District,there is an appropriate setback from Owl Creek on the adjacent lots,and she did not
require primary or secondary septic envelopes due to the large size of the lots.
Robert Jacobs, Department of Public Works, stated staff has reviewed and is satisfied with the
access permit issued by CDOT; however, the applicant still needs to submit the final, stamped,
signed copies of the Drainage Report, Construction and Grading Plans, and Roadway Plans and
Details. He further stated staff has reviewed and approved the Improvements Agreement.
Responding to Chair Jerke, Mr. Jacobs stated the internal road will be paved and accepted for
maintenance by Weld County. In response to Commissioner Long, Mr. Jacobs stated there are
offsets on the east side of the subdivision for drainage purposes along Owl Creek; however, the
proposed drainage for the development will lead to a detention pond located in the southeast corner
of Lot 9.
Responding to Commissioner Geile,Tammy Ellerman, represented the applicant,and stated the
original plat indicated an 800-foot by 800-foot drilling envelope;however,through the terms of the
Surface Use Agreement,that area has been reduced to a three-acre site and the remaining wells
are existing. In response to Commissioner Long, Ms. Ellerman stated there are no designated
building envelopes,and the engineers indicated no concern with the small reservoir located to the
north. Commissioner Long questioned whether there are any provisions to locate the future homes
outside any potential floodway along Owl Creek. Mr.Jacobs stated staff comments submitted for
the Change of Zone indicate the engineers discussed the possible flood hazard of Owl Creek,and
the plat map shows a 120-foot buffer zone on the eastern side of Lots 6, 7, and 8,with a detention
pond on Lot 9.
No public testimonywas offered concerning this matter. Responding to Chair Jerke, Ms. Ellerman
stated she and the applicant have reviewed and concur with the Conditions of Approval as proposed
and modified.
Commissioner Long moved to approve the request of Olando, LLC, do Ed Orr and Tammy
Ellerman,fora Site Specific Development Plan and Minor Subdivision Final Plan,MF#547,for nine
(9)residential lots, known as Owl Creek Estates, 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 deleting Conditions of Approval#1.E and #1.J, adding Condition#1.K.4 to
state, "All easements included in the Surface Use Agreement shall be indicated on the plat,"and
renumbering or relettering as appropriate. The motion was seconded by Commissioner Masden,
and it carried unanimously. There being no further discussion, the hearing was completed
at 11:20 a.m.
2005-2489
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HEARING CERTIFICATION - OLANDO, LLC / ED ORR AND TAMMY ELLERMAN (MF #547)
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This Certification was approved on the 12th day of September 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L I Tom,. _.La
illiam H. erke, Chair
Weld County Clerk to the rpgi �'•��5s�
- *, a -ile Pro-Te
BY: `� ,f (J�
Deputy Clerk to the Boar:��
TAPE #2005-34
Robe D. Masd n
DOCKET#2005-65 Q 419\
Glenn Vaa
2005-2489
PL1508
EXHIBIT INVENTORY CONTROL SHEET
Case MF #547 - OLANDO, LLC / ED ORR AND TAMMY ELLERMAN
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 07/05/2005)
D. Clerk to the Board Notice of Hearing
E. Applicant Evidence of compliance with Condition #2.J,
dated 07/18/2005
F. Applicant Evidence of compliance with Condition #1.E,
dated 07/27/2005
G. Applicant Evidence of attempt at reaching agreement
with mineral owner, dated 07/25/2005
H. Bjork, Lindley, and Little PC Letter representing Kerr-McGee Rocky
Mountain Corporation, dated 08/05/2005
Planning Staff Certification and Photo of sign posting
J. Planning Staff Copy of signed Surface Use Agreement,
dated 08/18/2005
K.
L.
M.
N.
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P.
Q.
R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF SEPTEMBER, 2005:
DOCKET#2005-65 - OLANDO, LLC / ED ORR AND TAMMY ELLERMAN
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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