HomeMy WebLinkAbout20110718 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 2011-XX
APPLICANT: Beebe Draw Farms
PLANNER: Kim Ogle
REQUEST: Amended and Restated Consolidated Service Plan for Beebe Draw Farms
Metropolitan District No. 1 and No. 2.
LOCATION: East of and adjacent to CR 39; north of CR 32; south of CR 38 (generally
located approximately 6 miles east of Platteville adjoining Milton Reservoir).
be recommended favorably to the Board of County Commissioners for the following reasons:
1. Section 32-1-203(2)states the Board of County Commissioners(BOCC)shall disapprove the Service
Plan unless evidence satisfactory to the Board of each of the following is presented:
(a) There is sufficient existing and projected need for organized service in the area to be
serviced by the proposed special district.
The proposal identifies that except for the Districts and the Authority, there are currently no
other governmental entities, including the County, located in the immediate vicinity of the
Districts that consider it desirable, feasible or practical to undertake the planning, design,
acquisition, construction, installation, relocation, redevelopment, financing, and operations
and maintenance of the Public Improvements needed for the Development.The utilization of
the Districts is necessary in order for the Public Improvements required for the Development
to be provided in the most economic manner possible.
• (b) The existing service in the area to be served by the proposed special district is inadequate for
present and project needs.
The applicant has indicated in their application that except for the Districts and the Authority,
there are currently no other governmental entities, including the County, located in the
immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake
the planning, design, acquisition, construction, installation, relocation, redevelopment,
financing, and operations and maintenance of the Public Improvements needed for the
Development. The utilization of the Districts is necessary in order for the Public
Improvements required for the Development to be provided in the most economic manner
possible.
The Board of Directors of each of District No. 1 and District No. 2 have determined that it is in
the best interests of the existing residents and the owner of the vacant land, REI Limited
Liability Company (the "Developer") that the Consolidated Service Plan be amended and
restated. This Amended and Restated Consolidated Service Plan (the "Service Plan") is
necessary to provide for changes in the structure and relationships between the Districts.The
Districts intend to enter into the Beebe Draw Farms Authority Establishment Agreement(the
"AEA") which will establish the Authority, as hereafter defined. The AEA will establish
processes for financing the operations and maintenance of the Existing Public Improvements
as well as financing, constructing, and operating and maintaining the Additional Public
Improvements, and the establishment of operations and maintenance budgets and operating
mill levies(including a capital component)for the existing and planned Public Improvements.
Central Weld County Water District has an established Service Agreement between the
District and Beebe Draw Farms and Equestrian Center PUD.
•
2011-0718
Resolution 2011-XX
Beebe Draw Farms
Page 2
• (c) The proposed special district is capable of providing economical and sufficient service to the
area within its proposed boundaries.
The referral dated February 7, 2011 from Don Warden, Director of Finance and
Administration states "The Weld County Department of Finance and Administration has no
objections to the amended and consolidated service plan for Beebe Draw Farms
metropolitan District No. 1 and No. 2 as presented. The amended and consolidated service
plan as proposed is consistent with the approach that resulted from Mary Ann McGeady's
efforts in working with representatives of the community and developers to resolve some of
the historic issues associated with the two districts. Finance and Administration staff concurs
with the approach that resulted from those discussions and is incorporated into this
proposal."
The County's objective in approving the amended service plans for the districts is to authorize
the districts to provide revenues to the Authority for the purposes authorized by the AEA.All
debt issued by District No. 2 is expected to be repaid by development fees and taxes
imposed and collected for no longer than the maximum debt mill levy imposition term and at
a mill levy no higher than the District No. 2 mill levy cap (50 mills with some stated
adjustment provisions). Debt which is issued within these parameters will insulate property
owners from excessive tax burdens to support the servicing of the debt and will result in a
timely and reasonable discharge of the debt.The plan also provides that in no case shall the
mill levies imposed by the districts for debt service and operations and maintenance functions
exceed their respective mill levy caps. The amended plans appear to meet this objective and
is consistent and in compliance with Weld County Code Section 2-14-20(H). The maximum
debt mill levy imposition term is consistent and in compliance with Weld County Code Section
2-14-30."
• (d) The area to be included in the proposed special district has, or will have, the financial ability
to discharge the proposed indebtedness on a reasonable basis.
The referral dated February 7, 2011 from Don Warden, Director of Finance and
Administration states"The Weld County Department of Finance and Administration has no
objections to the amended and consolidated service plan for Beebe Draw Farms
metropolitan District No. 1 and No. 2 as presented. The amended and consolidated service
plan as proposed is consistent with the approach that resulted from Mary Ann McGeady's
efforts in working with representatives of the community and developers to resolve some of
the historic issues associated with the two districts. Finance and Administration staff concurs
with the approach that resulted from those discussions and is incorporated into this
proposal."
2. Section 32-1-203(2.5)states"the Board of County Commissioners may disapprove the service plan if
evidence satisfactory to the Board of any of the following, at the discretion of the Board, is not
presented:"
(a) Adequate service is not, or will not be, available to the area through the county or other
existing municipal or quasi-municipal corporations, including existing special districts, within a
reasonable time and on a comparable basis.
The applicant has indicated in their application that there are no other governmental agencies
in existence within the area which have the legal and financial ability to undertake the
financing, design, and completion of the public improvements needed to serve the Beebe
Draw Farms Development.
The Board of Directors of each of District No. 1 and District No. 2 have determined that it is in
• the best interests of the existing residents and the owner of the vacant land, REI Limited
Liability Company (the "Developer") that the Consolidated Service Plan be amended and
restated. This Amended and Restated Consolidated Service Plan (the "Service Plan") is
Resolution 2011-XX
Beebe Draw Farms
Page 3
• necessary to provide for changes in the structure and relationships between the Districts.The
Districts intend to enter into the Beebe Draw Farms Authority Establishment Agreement(the
"AEA") which will establish the Authority, as hereafter defined. The AEA will establish
processes for financing the operations and maintenance of the Existing Public Improvements
as well as financing, constructing, and operating and maintaining the Additional Public
Improvements, and the establishment of operations and maintenance budgets and operating
mill levies(including a capital component)for the existing and planned Public Improvements.
Central Weld County Water District has an established Service Agreement between the
District and Beebe Draw Farms and Equestrian Center PUD.
The Board of County Commissioners approved the Law Enforcement Agreement between
the Weld County Sheriff and the Beebe Draw Law Enforcement District Authority on
December 14, 2009.
(b) The facility and service standards of the proposed special district are compatible with the
facility and service standards of each county within which the proposed special district is to
be located and each municipality which is an interested party under Section 32-1-204(1).
"Section V.A.2 of the Service Plan provides that the Authority will design and construction the
additional Public Improvements in accordance with the standards and specifications of the
County and of other governmental entities having jurisdiction, if applicable. The Authority will
obtain all applicable permits for construction and installation of the additional Public
Improvements prior to performing such work."
The Board of County Commissioners approved the Law Enforcement Agreement between
the Weld County Sheriff and the Beebe Draw Law Enforcement District Authority on
• December 14, 2009.
(c) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-
28-106, C.R.S.
The proposed Amended and Restated Consolidated Service Plan is in conformance with
Chapter 22, Article XIV of the Weld County Code.
(d) The proposal is in substantial compliance with any duly adopted county, regional, or state
long range water quality management plan for the area.
Section 22-4-30.F,WA.Goal 6, states"Development should occur in areas where adequate
water quantity and quality is currently available or reasonably obtainable;"and Section 22-4-
30.D, WA.Goal 4, states, "Strive to address the quality of all water bodies as outlined in the
State and Federal Water Quality Standards. The Development is serviced by Central Weld
County Water District. As a management agency, the County has a responsibility to
exercise land use authority based on water quality considerations. This responsibility is partly
fulfilled by evaluating water quality considerations associated with land use proposals in
accordance with the standards set forth in this Chapter and Chapters 23 and 24 of this
Code."
(e) The creation of the proposed special district will be in the best interests of the area proposed
to be served.
The Districts are independent units of local government, separate and distinct from the
County and, except as may otherwise be provided for by state or local law or this Service
Plan,their activities are subject to review by the County only insofar as they may deviate in a
.
material matter from the requirements of this Service Plan. It is intended that the Districts,
through the AEA, will provide for the financing, design, acquisition, construction, and
operations and maintenance of a part or all of the Public Improvements for the use and
Resolution 2011-XX
Beebe Draw Farms
Page 4
• benefit of all anticipated inhabitants and taxpayers of the Districts. The primary functions of
the Districts will be to provide funding to the Authority for all the purposes set forth in the AEA
until the consolidation of the Districts or the dissolution of District No. 2. The Authority will
provide for the ongoing operations and maintenance of any Public Improvements that are not
dedicated to the County, the Central Weld County Water District("Water District")or another
jurisdiction through revenue generated from the operations mill levy imposed by both
Districts.This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of
the County Code.
The Public Works Department in their referral dated February 4, 2011 states "The Weld
County Public Works Department shall not be responsible for any overall plans for financing,
construction, ownership, operation or maintenance of the public improvements associated
with roadways and drainage throughout the metro districts." Therefore Public Works is in
support of the Amended and Restated Consolidated Service Plan for the Beebe Draw Farms
Metropolitan District Nos. 1 and 2.
Further, Section 22-3-40.A, P.Goal 1, states,"Promote efficient and cost-effective delivery of
public facilities and services. Section 22-3-40.A.1, P.Policy 1.1, states, "Encourage
consolidation of public facilities or services and coordination between providers, to avoid
duplication of costs and promote efficiency:" and Section 22-4-30.F, WA.Goal 6, states,
"Development should occur in areas where adequate water quantity and quality is currently
available or reasonably obtainable, and Section 22-4-30.F.1, WA.Policy 6.1, states,
"Applications for proposed development should fully assess proposed water sources as being
adequate in terms of the quantity, dependability and quality needed for the proposed use.
Application should also describe whether the proposed water is currently available for use or
reasonably obtainable."
• Central Weld County Water District has an established Service Agreement with the District
for the provision of water to the Development.
The proposed Service Plan and special district will be in the best interests of the area
proposed to be served and are in the interest of Weld County.
3. Section 2-14-10 of the Weld County Codes states, "The County establishes the following as its policy
for the review and approval or disapproval of Service Plans, including any amendment thereof, for
Metropolitan Districts and other Title 32 Special Districts."
(a) The County generally accepts the formation of districts where it is demonstrated the
formation of a district is needed to provide public services or facilities to local development
and will result in benefits to existing or future residents of the County and the District.
(Section 2-14-10.8)
As indicated above, Don Warden, Director of Finance and Administration states"The Weld
County Department of Finance and Administration has no objections to the amended and
consolidated service plan for Beebe Draw Farms metropolitan District No. 1 and No. 2 as
presented. The amended and consolidated service plan as proposed is consistent with the
approach that resulted from Mary Ann McGeady's efforts in working with representatives of
the community and developers to resolve some of the historic issues associated with the two
districts. Finance and Administration staff concurs with the approach that resulted from those
discussions and is incorporated into this proposal."
(b) The Service Plan shall enumerate and describe all powers requested on behalf of the district.
Demonstration of the need or benefit of each power is required. Powers which are not
clearly needed will not be approved in the service plan. (Section 2-14-20.C)
• As previously discussed, the need for urban-level services has been adequately
demonstrated.
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Beebe Draw Farms
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• (c) Any Intergovernmental Agreement which is required, or known at the time of formation of the
District to likely be required to fulfill the purposes of the District, must be described in the
Service Plan, along with supporting rationale. The Service Plan shall provide that execution
of intergovernmental agreements by the District that are not described in the Service Plan
shall require 45 day notice publication and written notice to the County pursuant to Section
32-1-207(3)(b), C.R.S. (Section 2-14-20.D)
The Service Plan describes the AEA intended to be entered into between the Districts which
will establish the Authority. The AEA will establish processes for financing the operations and
maintenance of the existing Public Improvements as well as financing, constructing,
operating and maintaining the additional Public Improvements, and the establishment of
operations and maintenance budgets and operating mill levies (Including a capital
component) for the existing and planned Public Improvements.
All intergovernmental and extraterritorial service agreements must be for facilities, services
and agreements lawfully authorized to be provided by the Districts, pursuant to the State
Constitution, Article XIV, Section 18(2)(a), and Sections 29-1-201 et seq., C.R.S. To the
extent practicable, the Districts may enter into additional intergovernmental and private
agreements to better ensure long-term provision of the Public Improvements identified
herein. Agreements may also be executed with property owner associations and other
service providers. Central Weld County Water District may request an updated
intergovernmental agreement with the Metropolitan District.
(d) The Service Plan shall include the description of any planned inclusion into, or exclusion of
property from, the District's boundaries. The Service Plan shall provide that inclusions or
executions by the District that are not described in the Service Plan shall require 45 day
notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S.
• (Section 2-14-20. E)
The Service Plan provides the Districts shall be authorized to exclude and include property
from their respective boundaries that is within the Development in accordance with the
process set forth in the AEA. Inclusions and exclusions processed in accordance with the
AEA will not require the prior written consent by the BOCC. The Districts shall not include
within their boundaries any property outside of the development without the prior written
consent of the BOCC. Inclusions and exclusions not described in this Service Plan and the
AEA shall require a forty-five (45) day notice publication and written notice to the BOCC
pursuant to Section 32-1-207(3)(b), C.R.S. If,within forty-five(45)days of the publication of
such notice, the BOCC expresses to the Districts a written objection to the proposed
inclusion or exclusion shall be considered a material modification of the Service Plan and
shall be resolved in accordance with Section 32-1-207(2), C.R.S.
(e) The Service Plan shall describe any planned extraterritorial service agreement. The Service
Plan shall provide that any extraterritorial service agreements by the District that are not
described in the Service Plan shall require 45 day notice publication and written notice to the
County pursuant to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20.F)
The Plan as proposed does not intend to furnish services or facilities outside of its
boundaries, except as authorized in the service plan or by intergovernmental agreement in
compliance with Section 2-14-20.F of the Weld County Code. The District's failure to comply
with Section 2-14-20.F of the Weld County Code prior to providing any exterritorial services
shall be considered a material modification of the service plan. All intergovernmental and
extraterritorial service agreements must be for facilities, services, and agreements lawfully
authorized to be provided by the districts, pursuant to the State constitution, Article XIV,
Section 18(2)(A), and Sections 29-1-201 et seq., C.R.S.
Resolution 2011-XX
Beebe Draw Farms
Page 6
• (f) The Service Plan shall outline any anticipated plans or needs for the exercise,by the District,
of its power of eminent domain. The Service Plan will contain language limiting the use of the
District's power of eminent domain to carry out the District's essential functions and services
as well to implement the intent of the "Primary Infrastructure Plan"as defined in the Model
Service Plan described in Section 2-14-60. The use of eminent domain will be undertaken
strictly in compliance with State laws. The Service Plan shall provide that use of eminent
domain or change in the Primary Infrastructure Plan by the District not described in the
Service Plan shall require 45 day notice publication and written notice to the County pursuant
to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20.G)
Section V.A.9 of the Service Plan provides that the District's shall not exercise their statutory
power of eminent domain, except as may be necessary to construct, install, access and
relocate or redevelop the Public Improvements. Any use of eminent domain shall be
undertaken strictly in compliance with state law. Any proposed use of eminent domain for a
purpose other than as may be necessary to complete the Public Improvements shall require
a forty-five(45)day notice publication and written notice to the BOCC pursuant to Section 32-
1-207(3)(b) C.R.S. If within forty-five (45) days of the publication of such notice, the BOCC
expresses to the applicable District a written objection to the proposed use of eminent
domain by such District, then the proposed use of eminent domain shall be considered a
material modification of the Service Plan and shall be resolved in accordance with Section
32-1-207(2) C.R.S.
(g) The Service Plan shall restrict the District's debt service mill levy authorization to 50 mills(the
"Debt Service Mill Levy Cap). The Service Plan shall restrict the District's total aggregate
mill levy(debt service mill levy plus operations and maintenance mill levy) to sixty-five (65)
mill(the "Aggregate Mill Levy Cap'). (Section 2-14-20.H)
• The proposed Plan identifies a Mill Levy Cap that is no greater than 50 mills, for debt service
and for operations and maintenance costs.
(h) The Service Plan shall require that 30 days prior to an election thereon, proposed ballot
questions for a formation election, debt authorization, orde-Brucing will be submitted to Weld
County for filing and review. Weld County shall have the right to object to any ballot
questions not in compliance with the Service Plan as a major modification of the District's
Service Plan pursuant to Section 32-1-207(3)(a), C.R.S. (Section 2-14-20.J)
Section VI.I of the Service Plan states that the Districts intend to conduct elections on
November 10, 2010 to set in place the proposed financial structure set forth in the Service
Plan as required by TABOR. The County did receive and review the proposed election
questions more than thirty (30)days prior to such election. Any future elections held by the
Districts will be conducted as provided in the Uniform Election Code of 1992 and TABOR
(i) It is the intent of Weld County that "citizen/resident"control of Districts be encouraged to
occur as early as possible. (Section 2-14-40.A)
Currently,there are approximately 54 homes within the Development with and additional 746
planned. The proposed Plan and the creation of the Authority provides for two residents to sit
on the Authority Board who will oversee and implement the operations of the Authority and
the Public Improvements. Additionally,the residents will have an equal voice in the decision
making process of when and what additional amenities are constructed.
Q) The Service Plan shall provide for the dissolution of the District after the District's debts and
financial obligations are fully defeased and the District has completed all of its operations and
maintenance responsibilities. A district with long-term, on-going operations and maintenance
•
will not be obligated to dissolve. However, the Service Plan must provide that in the event
said obligations are someday undertaken by another party, or are otherwise no longer the
responsibility of the District, it shall be required to dissolve. (Section 2-14-50)
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Beebe Draw Farms
Page 7
• The Service Plan states the following, "The Districts will initiate consolidation proceedings
contemporaneously with the repayment of District No. 2's Debt. The Authority will also
terminate at the time of consolidation, and all assets of the Authority will be transferred to the
consolidated district. In the event the Districts do not consolidate, District No. 2 will initiate
dissolution proceedings upon the written request of the County. Except as described herein,
the Districts shall not file a request with any court to consolidate with any other Title 32
districts without the prior written consent of the County. The District will not be dissolved,
however, without first complying with the provisions of Section 2-14-50 of the Weld County
Code.
Motion seconded by Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
• 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, Kristine Ranslem, 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 March 1, 2011.
Dated the 1st of March, 2011.
Kristine Ranslem
Secretary
•
3 - I- if
• highlighted their routes and from this we will generate a route map so that we know which roads will be
impacted. They recognize that this is an issue and are trying to be proactive regarding this matter.
Commissioner Lawley referred to Section 22-3-50.E, specifically the proposed language change"Land use
proposals shall be reviewed and approved in accordance with Weld County's Transportation Plan, more
specifically,the Functional Classification Map....". Mr. Lawley asked if there is a project that the applicant has
submitted and it doesn't meet those criteria does it get denied. Ms. Relford commented that it isn't that it
doesn't meet those criteria but that you will use that as a guide in reviewing the case. It doesn't necessarily
mean that it would be denied but may need to be amended in consideration of the proposal. Ms. Relford
agreed that the ordinance language could be modified.
Commissioner Lawley recommended that the submittal be taken into consideration rather than approved in
accordance with the Transportation Plan. Bruce Barker, County Attorney, suggested amending the proposed
language to read "Land use proposals shall be reviewed and approved with guidance from the Weld County
Transportation Plan, more specifically, the Functional Classification Map, as amended, and located in
Appendix 8-N of the code."
Mark Lawley moved to amend the proposed language as suggested by Mr. Barker,seconded by Erich Ehrlich.
Motion carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Ordinance 2011-5 be forwarded to the Board of County Commissioners along with
the amendments and the Planning Commission's recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
• Berryman, yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: 2011-XX
APPLICANT: Beebe Draw Farms
PLANNER: Kim Ogle
REQUEST: Amended and Restated Consolidated Service Plan for Beebe Draw Farms
Metropolitan District No. 1 and No.2.
LOCATION: East of and adjacent to CR 39; north of CR 32; south of CR 38(generally
located approximately 6 miles east of Platteville adjoining Milton Reservoir).
Kim Ogle, Planning Services, commented that the original Service Plan for District Number 1 was approved by
Weld County in 1986. In 1999, the Consolidated Service Plan was approved to organize District Number 2.
Under the 1999 Service Plan, the Districts are required to coordinate with one another for the financing,
acquisition, construction, operation and maintenance of the public improvements serving the entire Beebe
Draw Farms and Equestrian center development.
The purpose of the 1999 Service Plan was to ensure that public improvements were constructed on a phased
based when needed and not sooner so that no area within the Development becomes obligated for more than
its share of the costs of public improvements and operations.
Development has occurred more slowly than was anticipated at the time of approval of the 1999 Service Plan.
There are currently 54 homes in the Development and another 746 anticipated to be constructed. Under the
1999 Service Plan, the Board of Directors of District Number 2 makes all decisions with regard to the timing,
financing, construction, acquisition, and operations and maintenance of all public improvements serving the
Development.
• To date,the Districts have had numerous community discussions and meetings concerning the re-balancing
between the Districts of how decisions are made with regard to the operations and maintenance of the public
2
improvements and the timing and funding of amenities.
•
As a result of such community discussions and meetings, the Districts have agreed to cooperate with one
another for the financing, construction, acquisition, and operations and maintenance of all public
improvements by creating an Authority(as authorized under Section 29-1-203, C.R.S.), which will consist of
two members from the District Number 1 Board and two members from the District Number 2 Board.
At an election held in the community on November 2, 2010, the majority of residents voting approved the
restructure of the Districts, the establishment of the Authority, and the proposed Amended and Restated
Consolidated Service Plan.
It is this document,the proposed Amended and Restated Consolidated Service Plan that is before you today.
The Board of Directors of each of District Number 1 and District Number 2 have determined that it is in the
best interests of the existing residents and the owner of the vacant land, REI Limited Liability Company(the
"Developer") that the Consolidated Service Plan be amended and restated. This Amended and Restated
Consolidated Service Plan (the "Service Plan") is necessary to provide for changes in the structure and
relationships between the Districts. The Districts intend to enter into the Beebe Draw Farms Authority
Establishment Agreement(the "AEA")which will establish the Authority, as hereafter defined. The AEA will
establish processes for financing the operations and maintenance of the Existing Public Improvements as well
as financing, constructing, and operating and maintaining the Additional Public Improvements, and the
establishment of operations and maintenance budgets and operating mill levies (including a capital
component)for the existing and planned Public Improvements.
All revenues received by the Authority will be deposited into an operations and maintenance account with 80%
earmarked for maintenance (roads, water, drainage and related facilities and improvements).
Central Weld County Water District has an established Service Agreement between the District and Beebe
Draw Farms and Equestrian Center PUD.
• The Board of County Commissioners approved the Law Enforcement Agreement between the Weld County
Sheriff and the Beebe Draw Law Enforcement District Authority on December 14, 2009.
The Public Works Department in their referral dated February 4,2011 states"The Weld County Public Works
Department shall not be responsible for any overall plans for financing, construction,ownership, operation or
maintenance of the public improvements associated with roadways and drainage throughout the metro
districts." Therefore Public Works is in support of the Amended and Restated Consolidated Service Plan for
the Beebe Draw Farms Metropolitan District Nos. 1 and 2.
It is the opinion of the Department of Planning Services that the applicant has shown compliance with Section
32-1-203(2) and Section 32-1-203(2.5), C.R.S. as indicated in the staff comments dated March 1, 2011,and
therefore the Department of Planning Services recommends acceptance of the Beebe Draw Farms
Metropolitan Districts Amended and Restated Consolidated Service Plan
Mary McGeady, McGeady Cisneros, 450 E 17th Ave, Denver CO, represents both applicants, Beebe Draw
Metropolitan District 1 and Beebe Draw Metropolitan District 2. Ms. McGeady commented that the goal and
objective is to have one(1) Board function for service to the community with a balance of relationship between
the property owners and the newly developing area represented in District 2. District 1 representatives will be
responsible for operating and maintaining improvements and District 2 will be responsible for the infrastructure
financing. Together the representatives on the Authority Board will work through the amenities construction
into the future.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Case 2011-XX be forwarded to the Board of County Commissioners along with the
•
Planning Commission's recommendation of approval, seconded by Alexander Zauder.
3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
• Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1770
APPLICANT: H. Gordon Johnson
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Recreational Facility(baseball field) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot B of Corrected RE-660; located in the SE4 of Section 12,T4N, R65W of
the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to CR 49; north of and adjacent to CR 46.
Chris Gathman, Planning Services, commented that this request is dealing with existing improvements. The
surrounding area includes an airstrip located immediately to the north of the site and the ball field is bordered
by cropland to the east, west and south. The nearest single-family residences are located to the north of the
ball field with the nearest residence being located approximately 700 feet to the north. All of these residences
utilize a different access road onto County Road 49. The field is a seasonal use and will not be used during
night time hours.
Nine referrals were sent out; six referrals were received and either indicated no conflict with their interests or
have been addressed as conditions of approval and/or development standards.
No letters or phone calls have been received from surrounding property owners regarding this case.
The main access to the facility is from County Road 49; however there is a secondary access from County
• Road 46. You cannot see the ball field from County Road 49 as there is a slope westward from County Road
49.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval and development standards.
Commissioner Maxey commented that in the staff recommendation it appears that we are designating access
from County Road 49 but in the application they wish to access from County Road 46. He asked if access
from County Road 46 is acceptable. Mr. Gathman deferred to Public Works for that question.
Commissioner Holton asked why this application isn't a Use by Right. Mr. Gathman said that the applicants
are not charging the School District for use of the field, but there are some adult men leagues that they are
charging a fee to use the facility,which according to Weld County Code it falls under commercial recreation
and it requires a Use by Special Review Permit.
Heidi Hansen, Public Works, stated that the access is from County Road 49 which was indicated in their
application as the main access. The access from County Road 46 does cross another property. Mr. Maxey
stated that he visited the site and noted that access from County Road 46 is very well maintained and
recommended utilizing that access as well if an agreement can be made with the adjacent landowner.
Lauren Light, Environmental Health, stated that because this request is for six months or less portable toilets
and bottled water are acceptable. Dust Abatement and Waste Handling Plans have been submitted.
Heidi Hansen, Public Works, commented that the maximum expected cars are 30 to 40 cars for a Men's
League tournament on the weekend.
Greg Johnson, Bigfoot Turf, said that he built the baseball field for the kids and the community. They do not
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charge for high school kids or below for the use of the field. A minimal fee is charged for supplies (chalk,
paint) for the adult games. They have had the ball field since 2001 and they maintain it themselves. He
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