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Home My WebLink About20033184.tiff HEARING CERTIFICATION DOCKET NO. 2003-88 RE: SUBSTANTIAL CHANGE HEARING #24 TO CONSIDER WHETHER OR NOT THERE HAS BEEN A SUBSTANTIAL CHANGE IN THE FACTS AND CIRCUMSTANCES REGARDING THE APPLICATION FOR A CHANGE OF ZONE - OLANDO, LLC, C/O TAMMY ELLERMAN AND ED ORR, C/O TODD HODGES DESIGN, LLC A public hearing was conducted on December 17, 2003, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tern Commissioner M. J. Geile Commissioner William H. Jerke 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, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated November 21, 2003, and duly published November 27, 2003, in the South Weld Sun, a public hearing was conducted to consider the request of Olando, LLC, do Tammy Ellerman and Ed Orr, do Todd Hodges Design, LLC, for Substantial Change Hearing #24 to consider whether or not there has been a substantial change in the facts and circumstances regarding the application for a Change of Zone. 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 she reviewed the criteria for determining whether an applicant is allowed to reapply or not. Ms. Lockman stated the Planning Commission did not indicate which specific criteria were met in making their recommendation; however, staff feels the applicant's new application meets criteria #1 and #3. She stated the new proposal does not include open space, so the irrigation concerns are no longer valid. She further stated the new application is for a Minor Subdivision rather than a Planned Unit Development, and although the plans are similar, there is different criteria to meet. Ms. Lockman displayed photographs of the site. Commissioner Jerke commented there has also been a change regarding minor subdivisions which now allows nine (9) lots. Pam Smith, Department of Public Health and Environment, stated most of the lots will have conventional septic systems, and if necessary, engineered systems can be accommodated. Peter Schei, Department of Public Works, stated he has no comments; however, he is present to answer questions. 2003-3184 PL1508 HEARING CERTIFICATION - OLANDO, LLC, c/o TAMMY ELLERMAN AND ED ORR (SCH #24) PAGE 2 Anne Best-Johnson of Todd Hodges Design, LLC, represented the applicant and stated the Change of Zone application was recommended for approval by the Planning Commission in 2000; however, the proposal was denied by the Board in 2001. She stated on November 4, 2001, the Planning Commission forwarded a recommendation of approval for this Substantial Change application. She further stated the mineral owners were notified, and gave a brief description of the location and size of the property. She reviewed the surrounding land uses, stated no portion of the site is within the floodplain, and the applicant has worked with the referral agencies. Ms. Best-Johnson stated there will be an increase in the number and size of lots, the open space will be eliminated, and the internal road will be moved to address the comments from the Colorado Department of Transportation (CDOT) regarding adequate and safe access from a State Highway because there is no access from a County road. She stated domestic water will be provided by the North Weld County Water District which will address the Board's previous concerns regarding inadequate public water. She further stated the Galeton Fire Protection District is in support of the water flow and source, and the irrigation water associated with the property is not adequate to support agricultural activities. Ms. Best-Johnson stated the applicant has reached an agreement with Petroleum Development Corporation,and an agreement with Kerr-McGee is under negotiation. She stated the larger lots will provide additional buffers, the landscaping and buffering will be addressed through Covenants which will be required through subsequent application. She further stated this proposal has received support from CDOT, School District RE-7, the Galeton Fire Protection District, and the North Weld County Water District. Ms. Best-Johnson stated the lots will be serviced with septic systems that will be installed based on site-specific characteristics. She stated many residents living in this agricultural area are living on lots that were created through the Recorded Exemption process and are not subject to subdivision regulations;however,this proposal will have Covenants that will address maintenance, fencing, number and type of animals allowed, and construction and architectural standards. She further stated the School District is supportive of this project and has requested adequate space for buses, as well as a delivery station. Ms. Best-Johnson stated the new application is proposing a Minor Subdivision rather than a Planned Unit Development, and will be subject to much different criteria. She requested approval of the Substantial Change request, with direction to start with the Change of Zone application process rather than revert back to the Sketch Plan phase. She stated the items submitted with the Substantial Change application were greater than what is required, and agreements with the North Weld County Water District, Petroleum Development Corporation, and CDOT have also been included. No public testimony was offered concerning this matter. Commissioner Vaad moved to find that within the concept of the new application from Olando, LLC, c/o Tammy Ellerman and Ed Orr, c/o Todd Hodges Design, LLC, the facts and circumstances regarding the application for a Change of Zone are substantially changed from the initial application. Specifically, the new application meets Criteria #1 and #3 because the applicant will be applying for a Minor Subdivision rather than a Planned Unit Development which is subject to different criteria, and since the last application the County changed the maximum number of lots for a Minor Subdivision from seven to nine. The motion was seconded by Commissioner Geile. Commissioner Jerke commented the application also proposes to eliminate the open space which will result in an increase in size and number of lots. There being no further discussion, the motion carried unanimously, and the hearing was completed at 10:35 a.m. 2003-3184 PL1508 HEARING CERTIFICATION - OLANDO, LLC, c/o TAMMY ELLERMAN AND ED ORR (SCH #24) PAGE 3 This Certification was approved on the 17th day of December 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: at ,{�A � r �. '� EXCUSED DATE OF APPROVAL iLt�^ a% Day. E. Long, Chair Weld County Clerk to B afed P• PI( Robert D. Mas n, Pro-Tem BY: Deputy Clerk to the'$oard , ` � M. J. Ge le TAPE #2003-49 ' Willi Jerke ti DOCKET #2003-88 AI)4l Ael Glenn Vaad 2003-3184 PL1508 EXHIBIT INVENTORY CONTROL SHEET Case SCH #24 - OLANDO, LLC, C/O TAMMY ELLERMAN AND ED ORR 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 11/04/2003) D. Clerk to the Board Notice of Hearing E. Planning Staff Photo and Certification of Sign Posting F. Planning Staff Copies of Overheads showing Criteria and Vicinity Map G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. I ATTENDAN-CE RECORD HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF DECEMBER, 2003: DOCKET#2003-91 - MATT AND BECKY FOSHER DOCKET#2003-88 -OLAND, LLC, C/O TAMMY ELLERMAN AND ED ORR DOCKET#2003-89 - PREMIER PAVING, C/O RUSS OTTERSTEIN PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 1r118 e i4 ee/N/ivl� /Qaa i thee rPs 7' iat i 4 Yd4 / //&)b+ ?ape-2 /(Z 3c /ZD 'o T,erLoP7dnf, Co 2.02/ S �� SZ.,—_ 3 yo a w ,t a ? W/` <<,,1,,,, •Saba 76-42-ecnt.-- */5e7 4a 31 JILL o& & dCo 'o6 - a% ,2oWti L-ll u 7 wci- is AT Lv oN, co. £O ( & / . . /S.4) � 41 a 7 4'gt' C'7 PO-3 A#.ZeitALfi-- i( 7 r 7( ,7 /7 �, �W: 'S ,.J Ai), all? 7 i5 1, / 0° o 8O/oO 3 3 *a- a 6 -1-1-a- cr et\ S7M a / o,,., l 09 /6 2✓ e /Z . % Si -.6 , (e, 6�"o G)-/ `7 cl--c.�r, EGA I, E l �, / II ) • 11 1l 5eb akatc*. I1 2USWC2 P,o, 665cCo r Egi1k'}c,a,Ca &Obo( (!oio I Mai Pi 30310 3 U16171p - /4,0401 (00 Win' 2 cowwnec E 3S or\ \$ as ' L3C%t, , k \ 3.. ,..�,, Ce gUbL1 '� � /� r ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF DECEMBER, 2003: DOCKET#2003-91 - MATT AND BECKY FOSHER DOCKET#2003-88 -OLAND, LLC, C/O TAMMY ELLERMAN AND ED ORR DOCKET#2003-89 - PREMIER PAVING, C/O RUSS OTTERSTEIN PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip J c4, 138 a Fi,i i-�, -, ftt ' cc o 8LJ0 (I 2n ,. &�-. It,3 © awe e7 q-l$ 1.1 , C,. Ved/ J Sf eue- A:I/ f c ; 111)7, t°M ' rta.e`t I Pi u -10 j' Co 80621 eAkt U9 a &A-- (B5 DJ H i " �- A-0Yic CDT 9 �m cpcoo r /7)&6 iciesie A O /36-/.2 laze t#�- ,4:O-4,72)--€) �o e�G z./ ebucet�t 'P� 93b 5 k i 64-0P, gb. n21 3e)4a, y( lLtvv A.c� 0249.2/ (V d.7 , 02-7 c)c�r iii h) 20/04160 S�-Y.ttf , .Lit iin) Ilea EatEsJ °Ct(v_iucip4tt ,oR�C1ncJ 13arrx-thii /6to cWJct %a"6 v'i /7/2.4.2,-, / otel."- 3 . _5---/- 9447C-3 Cn20 ro 6.11 -fe) m. .Sale, + \,r, aaP. l Wc,Q a -- FGw c,,t. 0A , Mn6a ( mks /etocif C2OL 5 , f1�eu��ne»I el- so re.037 AC we 2_7 WW:�/'I4M act- g9 y' RJ .A� Fr, Lt-re NI kick \v � a.�,� . c4.x ¢7 At g3 09,6 #31y 13Y \O>\\\a-- C6 Aso 6a\ kI ' nsu..l,-e d w Eue✓-SorN Issl oSoh wA.,.eelljr 6r}y\1-tn- co (1-U60: ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF DECEMBER, 2003: DOCKET#2003-91 - MATT AND BECKY FOSHER DOCKET#2003-88 - OLAND, LLC, C/O TAMMY ELLERMAN AND ED ORR DOCKET#2003-89 - PREMIER PAVING, CIO RUSS OTTERSTEIN PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip /?/C,4'i 4 p 5 tut; l/SL z.,2 ea_ co, fr,L, 27 701D3 ?jp.1t4 L'^I r1ir.t3 Hello