HomeMy WebLinkAbout20052477.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Bruce Fitzgrerald, that the following resolution be introduced for approval by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: MF-547
APPLICANT: Olando Ltd. Liability Company •
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2016; Pt of the SE4 of Section 16, T6N, R64W of the 6th P.M.,
Weld County, Colorado. •
REQUEST: Minor Subdivision for nine (9) residential lots. (Owl Creek Estates).
LOCATION: North of and adjacent to Hwy 392; 1/2 mile east of CR 53.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 24-3-50 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the application has shown compliance with Section
24-3-60.1 of the Weld County Code as follows:
A. Section 24-3-60.1.1 -- Compliance with Chapters 23 and 24 of the Weld County Code, the
zone district in which the proposed use is located, and any adopted intergovernmental
agreements or master plans of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement or within the three
mile referral area of any municipality.
B. Section 24-3-60.1.2-- That provisions have been made to preserve prime agricultural land.
• The subject property is categorized as "Prime" and "Irrigated not Prime" by the USDA
"Farmlands of National Importance Map" dated 1979. The productivity of the site was
reviewed through previous applications and it has been determined that the subdivision is
appropriate for this location.
C. Section 24-3-60.1.3 — That provisions have been made for a public water supply that is
sufficient in terms of quantity, dependability and quality to provide water for the minor
subdivision, including fire protection.
The lots will be served by North-Weld County Water District. Two fire hydrants are being
proposed as requested by the Galeton Fire Protection District.
D. Section 24-3-60.1.4 -- That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal are proposed,evidence
that such systems will comply with state and local laws and regulations which are in effect
at the time of submission of the minor subdivision.
Individual sewage disposal systems will handle the effluent flow. At the change of zone
phase, the Weld County Department of Public Health and Environment indicated that the
application satisfied Chapter 24 of the Weld County Code in regard to sewer service.
E. Section 24-3-60.1.5 -- That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions have been
identified by the subdivider and that the proposed uses of these areas are compatible with
such conditions.
• The Weld County Building Inspection Department is requiring each building to have an
engineered foundation based on a site-specific geotechnical report or an open hole I—
inspection performed by a Colorado registered engineer. The Weld County Department of :m r`
Public Health and Environment is requiring septic systems to be designed for site-specific :_ nn
conditions. — K
— — W li
2005-2477 E
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Resolution MF-547
Olando LLC
Page 2
• F. Section 24-3-60.1.6 -- That streets within the minor subdivision are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the minor
subdivision. Standards are established in Appendices 24-D and 24-E to this Chapter.
The applicant is proposing a 24 foot wide paved interior roadway with 4 foot gravel shoulders.
The proposal meets county requirements and was approved at the Change of Zone phase.
G. Section 24-3-60.1.7 -- That off-site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification, width and structural
. capacity to meet the traffic requirements of the minor subdivision.
The applicant had secured an access permit from the Colorado Department of
Transportation. However, the permit expired on June 11, 2005. Conditions of Approval
ensure that the applicant will obtain an updated access permit from the Colorado Department
of Transportation.
H. Section 24-3-60.1.8—Construction,maintenance,snow removal and other matters pertaining
to or affecting the road and rights-of-way for the minor subdivision are the sole responsibility
of the landowners within the minor subdivision.
The covenants for Owl Creek Estates do address the home owners responsibilities regarding
the road right-of-way.
Section 24-3-60.1.9 -- The minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite.
J. Section 24-3-60.1.10 -- There will be no on-street parking permitted within the minor
• subdivision.
K. Section 24-3-60.1.11 -- No additional access to a county, state or federal highway will be
created.
L. Section 24-3-60.1.12—The ingress and egress to all lots within the minor subdivision will be
to an internal road circulation system.
M. Section 24-3-60.1.13 —That facilities providing drainage and stormwater management are
adequate.
The Weld County Department of Public Works has indicated in a referral response dated
June 23, 2005 that they have accepted the Final Drainage and Erosion Control Report.
N. Section 24-3-60.1.14—That the maximum number of lots within the minor subdivision will not
exceed nine (9) lots.
O. Section 24-3-60.1.15—That the minor subdivision will not cause an unreasonable burden on
the ability of local governments or districts to provide fire and police protection or other
services.
The Weld County Sheriff's Office indicated in a referral dated May 23,2005 that they lack the
ability to absorb any additional service demand without the resources recommended in the
multi-year plan provided to the Board of County Commissioners or as indicated by growth not
considered at the time the plan was developed. No other entities indicated concerns in
servicing the site.
• P. Section 24-3-60.1.16—That the subdivision will not have an undue adverse effect on wildlife
and its habitat, the preservation of agricultural land and historical sites.
The Division of Wildlife indicated no conflict with the proposal during the Change of Zone
phase.
Resolution MF-547
Olando LLC
Page 3
• This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral agencies.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to Scheduling the Board of County Commissioners Hearing:
A. The applicant shall submit evidence that an agreement has been reached which addresses
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the issues raised by Kerr McGee in a letter dated June 29,2005 or the applicant shall submit
evidence that a reasonable attempt has been made to address those issues.
2. Prior to Recording the Minor Subdivision Final Plat:
A. All plats shall be labeled "Owl Creek Estates Minor Subdivision - MF-547" (Department of
Planning Services)
B. The Board of County Commissioners shall review and approve the Improvements Agreement
According to Policy Regarding Collateral for Improvements (Private Road Maintenance)
including the form of collateral. The applicant shall submit the original, appropriately signed
and dated copy of this document prior to Board approval. The security for the agreement
shall be tendered and accepted by the Board of County Commissioners. (Departments of
Public Works and Planning Services) •
C. The applicant shall submit a copy of the finalized agreement with North Weld County Water
District to the Department of Planning Services. (Department of Planning Services)
D. The covenants shall be approved by the Weld County Attorney's Office.Finalized covenants
• and the appropriate recording fee (currently$6 for the first page and $5 for each additional
page)shall be submitted to the Weld County Department of Planning Services for recording.
(Department of Planning Services)
E. The applicant shall submit Certificates from the Secretary of State showing the Owl Creek
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Home Owners Association has been formed and registered with the State to the Department
of Planning Services. (Department of Planning Services)
F. The applicant shall submit written evidence that the appropriate postal service has reviewed
and approved the proposed street name and addresses to the Department of Planning
Services. (Department of Planning Services)
G. The applicant shall submit evidence from the Weld County Department of Public Works to
the Department of Planning Services indicating that they have met all Department conditions
as listed on the referral response dated June 23, 2005. (Department of Public Works)
H. The applicant shall provide written evidence from Weld County School District RE-7 which
indicates that all district requirements have been met to the Department of Planning Services.
(Department of Planning Services)
Easements on the final plat shall be amended in accordance with the Weld County Utility
Board recommendations. (Department of Planning Services)
J. The applicant shall submit evidence to the Department of Planning Services that an access
permit from the Colorado Department of Transportation has been obtained. The current
permit expired on June 11, 2005. (Colorado Department of Transportation)
K. The plat shall be amended to delineate the following:
• 1) A detail of Outlot A shall be shown on the plat. The detail shall include the bus
turnaround,mail kiosk, bus shelter and development sign. (Department of Planning
Services)
Resolution MF-547
Olando LLC
Page 4
2) In accordance with Section 24-4-40.6j.a utility service statement block shall appear
• on the final plat map. The block shall identify each utility company intended to
provide service to the proposed subdivision. (Department of Planning Services)
3) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County
Code. (Departments of Public Health and Environment and Planning Services)
L. The Final Plat is conditional upon the following and that each be placed on the Final Plat as
notes prior to recording:
1) The final Plat allows for Estate uses and shall comply with the Estate Zone District
requirements as set forth in Section 23 of the Weld County Code. The Minor
Subdivision shall consist of nine (9) residential lots and one 0.17 acre outlot.
(Department of Planning Services)
2) Potential Purchasers are hereby notified that Confined Animal Feeding Operations
are located in close proximity to this development. Residents should be aware that •
off-site impacts that may be encountered include flies, noise from trucks, tractors
and equipment; dust from animal pens and odors from animal confinement, silage,
and manure. (Departments of Planning Services and Public Health and
Environment)
3) All signs on site shall maintain compliance with Section 23-4-80 of the Weld County
Code. (Department of Planning Services)
4) There will be no on-street parking permitted within the minor subdivision.
(Department of Planning Services)
• 5) The access located at the southwest corner of the site is exclusively for accessing
of the oil and gas structures located on the site.The access shall be removed upon
completion of oil and gas production. (Department of Planning Services)
6) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11) (Department of Planning Services
7) "Weld County's Right to Farm", as stated on this plat, shall be recognized at all
times. (Department of Planning Services)
8) The site shall maintain compliance at all times with the requirements of Weld County
Government. (Department of Planning Services)
9) Weld County Personnel shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County Regulations.
(Department of Planning Services)
10) - Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
11) A Home Owner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The Association
is responsible for liability insurance,taxes and maintenance of open space,streets,
private utilities and other facilities along with the enforcement of covenants.
(Department of Planning Services)
• 12) A building permit shall be obtained prior to the construction of any new building
except those exempted by the Weld County Building Code. (Building Inspection)
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Resolution MF-547
Olando LLC
Page 5
13) A plan review is required for each building for which a building permit is required.
• Plans shall include a floor plan. Plans may be required to bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Building Inspection)
14) Buildings shall conform to the requirements of the codes adopted by Weld County
at the time of permit application. Current adopted codes include the 2003
International Building Code;2003 International Mechanical Code;2003 International
Plumbing Code; 2003 International Plumbing Code; 2003 International Fuel Gas
Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Building Inspection)
15) Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
• engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Building Inspection) •
16) Fire resistance of walls and openings,construction requirements,maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code. (Building
Inspection)
' 17) Building height shall be measured in accordance with the 2003 International Building
Code for the purpose of determining the maximum building size and height for
various uses and types of construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback
• requirements are measured to the farthest projection from the building. (Building
Inspection)
18) All landscaping within the triangles must be less than 3%feet in height at maturity.
(Department of Planning Services)
19) Water service shall be obtained from the North Weld County Water District.
(Department of Public Health and Environment)
20) A Weld County septic permit is required for each proposed septic system, which
shall be installed in according to the Weld County individual sewage disposal system
regulations. Each septic system shall be designed for site-specific conditions,
including, but not limited to: maximum seasonal high groundwater, poor soils, and
shallow bedrock. (Department of Public Health and Environment)
21) If required,the applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and the
Environment. Silt fences shall be maintained on the down gradient portion of the site
during all parts of the construction phase of the project.(Department of Public Health
and Environment)
22) During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
23) In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
• available and practical methods which are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
Resolution MF-547
Olando LLC '
Page 6
24) If land development creates more than a 25-acre contiguous disturbance, or
• exceeds 6 months in duration, the responsible party shall prepare a fugitive dust
control plan,submit an air pollution emissions notice,and apply for a permit from the
Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
25) The Weld County Sheriff's Office has limited traffic enforcement powers within
subdivisions where the roadways are not maintained or adopted by the County.
(Department of Planning Services)
26) No development activity shall commence on the property, nor shall any building
permits be issued on the property until the final plan has been approved and
recorded. (Department of Planning Services)
M. The applicant shall submit a digital file of all drawings associated with the final plan
application. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation); acceptable GIS
formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Department of Planning Services)
3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with
the requirements of Section 24-3-50 of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within thirty (30) days from the date the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
• (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty(30)days from the date of the Board of County Commissioners
resolution a$50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services),
5. , No development activity shall commence on the property,nor shall any building permits be issued on
the property until the final plan has been approved and recorded. (Department of Planning Services)
Motion seconded by Chad Auer
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Resolution MF-547
Olando LLC
Page 7
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
Tom Holton
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 5, 2005.
Dated the 5th of July, 2005.
Voneen Macklin
Secretary
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`7 S- ZOOS-
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the first choice but it is the best choice. The area is flat and the signal will reach the areas where there are existing
facilities.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Greg Thompson, City of Greeley Planning Department, indicated the City's concerns. This proposal does not meet
Greeley Comprehensive Plan development code criteria. The site is located within an enclave and the City would like this
denied because there are other options for the location. There are towers at Northridge that are a possibility. The City
believes this does not make sense at this location. The top hat configuration is obnoxious to look at but there could be
other options. The City prefers nothing taller than 60 foot in height at this location. This would be slightly above the tree
canopy. This site will need a flood permit. The City has two main points of concern: this is not a logical location and the
design is inadequate. Mr.Thompson provided•an overhead of the possible alternative locations. There has already been
a co-location at 23rd Ave and 10th Street.
Doug Ochsner asked Mr.Thompson if there were any other options from this location. Mr.Thompson stated the City of
Greeley could have parks adjacent to this area as deemed in the Comprehensive Plan. Mr.Thompson stated there would
be parks adjacent to this area. This area is in a floodway and floodplain so there is a possibility of sand and gravel
operations in the future. This area is river bottom land and will not be attractive for the City of Greeley development.
The Chair closed public portion
Scott Schneider, engineer for Nextel, indicated that the Northridge site is located to far to the west. This site sits low but
fills the area for possible new development better. The applicant is trying to accomplish coverage to 72nd to the west,
north to 10th, east to 35th and north past"O"Street. The height of the pole is needed due to the tree canopy and there is
the possibility of co-location. Mr. Mathis indicated the height of 60 feet will not work in the area since they need to link with
what is existing. This would require another site. Mr. Schneider stated they could paint the pole any color. If the pole is
smaller there will be a need for another site to gain the same thing that a taller pole will attain.
Michael Miller asked for clarification on the suggestions from the City of Greeley. Mr.Ogle stated those suggestions were
addressed in the staff comments.
James Rohn indicated his concern is the area needs to be served but still has a problem with height and contrast to the
area.
Doug Ochsner asked Mr. Carroll about the traffic and what the nearest road would be with the traffic counts. Mr.Carroll
stated it is the designated haul route for Lafarge and Bucklin operations. These will be heavy haulers that utilize the area
and Public Works has replaced sections in the road due to damage. Mr. Miller indicated it was a busy street with truck
traffic. Mr. Ochsner asked about the scenic view. Mr. Miller stated that the homes to the north would look down on the •
river valley,there will be no housing in the area since it is in the flood zone. Mr. Carroll stated this is identified as arterial
status having a 140 foot right-of-way reservation.
James Rohn added he would like to see the pole designed in some way to camouflage it better with the surrounding area.
Mr. Rohn discussed the evergreen option sited near the Cottonwood development in the City of Greeley.
Michael Miller stated he does not believe this will be highly obtrusive since the area is mostly gravel operations.
Bruce Fitzgerald stated the tower that can have multiple users.
Bruce Fitzgerald moved that Case USR-1515, be approved along with the Conditions of Approval and Development
Standards. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes;
James Welch,yes; Michael Miller,yes;James Rohn,yes; Chad Auer,yes;Tom Holton,yes, Doug Ochsner,yes; Bruce
Fitzgerald, yes. Motion carried unanimously.
EXHIBIT
Doug Ochsner needed to be excused prior to the next item: b
•CASE NUMBER: MF-547 a
• APPLICANT: Olando Ltd. Liability P1 F - S
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2016; being part of the SE4 of Section 16, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
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REQUEST: A Minor Subdivision Final Plan for nine (9) residential lots. (Owl Creek Estates)
LOCATION: North of and adjacent to State Highway 392; '/z mile east of CR 53
,Sheri Lockman, Department of Planning Services presented Case MF-547, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application along
with the Conditions of Approval and Development Standards.
Todd Hodges, representative for Olando LLC, provided clarification to the proposal. This is the final stage and is
consistent with the criteria with a final plat. The applicant will continue to work with CDOT regarding the access. There is
a turn around provided for the school district. The lots sizes vary significantly.
Michael Miller asked about the letter from school and it stating the turn out was denied by the county and CDOT. Mr.
Hodges stated the pull out initially proposed was denied therefore the applicant has provided a complete turn around area.
Shane Boil,engineer for the project,added that the school district preferred something completely off the highway for the
safety of the students. CDOT did not want the pull-off in their right-of-way due to maintenance concerns.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Terry Enwright, representative for Kerr McGee, indicated concerns with the oil and gas interest. There is a surface
agreement that has expired and they are working with Olando Ltd Liability to obtain another agreement. At this time there
is no agreement. Kerr McGee would like to have an agreement prior to recording the final plat. There should be areas •
available for future drilling sites. There are two points of contention,one being there should be a portion of Lots 6 and 7
that are no build areas to protect the possible future drilling sites, second the access road does not meet their required
standards. (Owl Creek Lane)
Michael Miller asked if the standard language was included addressing the surface use agreements. Ms.Lockman stated
that was included at the change of zone. The applicant mitigated the concerns at the change of zone by placing the drill
windows on the plat. Mr. Morrison stated the drill windows are simply and area designated for possible location of wells.
The drill sites would need to adhere to the setbacks from adjacent buildings. Mr. Miller asked if the windows precluded
the building of structures in it. Mr. Morrison stated this was the concern since the mineral owners and surface owners are
in a race to see who can get built first and where. Mr. Morrison stated that the lots are substantial in size so there should
be room to work around. Mr. Miller asked if the Planning Commission has the authority to say those building envelopes
are non buildable. Mr. Morrison stated it may not be necessary,the drill windows mean the oil&gas development can be
anywhere in the window without further consent from the State Oil&Gas Commission. Mr. Morrison added it would be •
nice to have an agreement so the County would not need to mitigate. Ms. Lockman stated the condition was addressed
at the change of zone with the addition of the windows. Kerr-McGee has presented additional requests that were not
brought forward in the previous process. Ms. Lockman stated this was something that needs to be considered.
Tom Holton asked for clarification with regards to the location of the windows and the size. Mr. Enwright indicated the
window was 800 feet square and they have suggested shrinking the larger window from 13 acres down to 3 acres to try
and mitigate. Mr. Enwright indicated the contention is the area be designated as no build and access be provided. The
access could be by dirt road. The preferential site would be on the west side of Owl Creek since there are existing •
facilities. Mr. Miller stated the road requirements requested are not something the County enforces. Mr. Enwright
indicated they would be agreeable to dirt roads as long as there is a designated access.
Ed Orr, applicant, stated "we would have been here a year ago talking about this, had it not been for Kerr McGees
attempts to extort things from the surface owner and try and exercise rights beyond what is reasonable." The letter from
Kerr McGee,which appeared after three years, addresses concerns for a surface use agreement. Mr.Orr stated the plat
does not preclude them from surveying for future drill sites. The drill windows are four times the size of what is needed.
Mr. Orr asked about the"rights of my successors"should the wells not be drilled. Mr. Orr stated that Kerr McGee does
not need a specific agreement today to show where flow lines could possibly be drilled. Mr. Orr stated that the
agreements should be worked out with the nine individual land owners that buy the property. Mr. Orr stated"it would be a
travesty to make the surface owners build roads to the oil company standards, if they want to use the road and improve it
to their standard,they are welcome to it and there is nothing I can do about it." The mineral company has the right to the
land but they do not need an agreement now they may work it out with the future land owners. The owners would
appreciate the fact that they get to work it out with the Oil companies adverse to one individual: Mr. Orr encourages the
need to go forward. Mr. Orr added "you cannot make us agree and I don't think you should be put in a spot by Kerr
McGee to try and make us agree and allow them to further extort money out of the surface owner."
Michael Miller stated there is a need to address this so there are no issues in the future. There is a need to access Lot 6-
7 so as to not tear up the asphalt road. Mr. Orr stated that the mineral owners can exercise their rights no matter what.
Mr. Miller stated they could bring a truck down the road and pay for any damages. Mr.Miller clarified that this only creates
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a large legal mess and it would be better to mitigate the situation now adverse to the future. Mr. Orr believes it should be
up to the individual lot owners to determine where the oil company should have access on their individual lots. Mr. Miller
stated that if they could come off Hwy 392 to access the drill site it would be the best so as to not tear up the roads. Mr.
•Miller would like to see some type of agreement. Mr. Morrison stated that the entire purpose for this is to not leave the
issues of easement and access to the future,the point is to get this resolved now. The worst possible thing is to expect
nine individual lot owners to resolve this. Mr. Orr stated that"we have been trying for two years with Kerr McGee, man I
tell you what they have worn me down, beaten me up, I am nothing but dust." Mr. Miller stated that a conclusion needs to
be addressed.
Discussion ensued with regards to the access roadway to the oil & gas window.
Michael Miller stated that language needs to be added to address the access before the Board of County Commissioners.
Mr. Miller stated the two parties need to get together and come to an agreement.
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The Chair closed public portion.
Sheri Lockman provided language for an additional condition to be placed in 1.A and the language shall consist of the
following: "The applicant shall submit evidence that an agreement has been reached which addresses the issues raised
by Kerr McGee Rocky Mountain in a letter dated June 29,2005 or the applicant shall submit evidence that a reasonable
attempt has been made to address those issues."
Bruce Fitzgerald moved to accept the proposed language. James Rohn seconded. Motion carried with Tom Holton
voting No.
Todd Hodges indicated they were in agreement with the Development Standard and Conditions of Approval but would like
to make note that the condition is repetitive and it took approximately one year to get movement from Kerr McGee for the
first agreements, hence the reason the case has taken so long. Mr. Miller stated the key is they make an attempt.
Bruce Fitzgerald moved that Case MF-547, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Chad
lbAuer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes;
James Welch, yes; Michael Miller, yes; James Rohn, yes; Chad Auer, yes; Tom Holton, yes, Bruce Fitzgerald, yes.
Motion carried unanimously.
John Folsom commented that should an agreement not be made it might fall to the individual lot owners to resolve this.
Michael Miller commented it will be up to the Board of County Commissioners at to where the access would go. It would
be irresponsible of both parties to leave the issue unresolved. .
Meeting adjourned at 430
Re pecNuiiy submitted
,V! �a
Voneen Macklin
Secretary
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