The URL can be used to link to this page

Browse Search

Home My WebLink About20030825.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1021, FOR THE SECOND FILING OF BEEBE DRAW FARMS FOR 406 LOTS - REI, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,a public hearing was held on the 28th day of May, 2003, at 10:00 a.m. for the purpose of hearing the application of REI, LLC, 3600 South Logan Street, Suite 200, Englewood, Colorado 80110,requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1021,for the Second Filing of Beebe Draw Farms for 406 lots,fora parcel of land located on the following described real estate, to-wit: Sections 4, 5, 8, 9, 10, and 17, all in Township 3 North, Range 65 West of the 6th P.M.,Weld County, Colorado WHEREAS,at said hearing on May 28,2003,the board deemed it advisable to continue the matter to August 6,2003,to allow the applicant adequate time to finalize Surface Use Agreements with appropriate plat information. WHEREAS, at said hearing on August 6, 2003, the applicant was represented by David Clinger, and WHEREAS,Section 28.14 of the Weld County Zoning Ordinance,now codified as the Weld County Code,Sections 23-2-720 and 23-5-520,provide standards for review of such a Planned Unit Development Final Plan, and o rim S d WHEREAS,the Board of County Commissioners heard all the testimony and statements 'a m of those present,studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed,finds that this request shall be denied for = g the following reasons: =° 1. The applicant has complied with all the application requirements listed in Section 28.9 of the Weld County Zoning Ordinance, Section 23-2-730 of the Weld E County Code. �Nrn =00 2. The request is in conformance with Section 28.14 of the Weld County Zoning =cod Ordinance, now found at Section 23-2-780 of the Weld County Code, as follows: m—raNc =00 A. The property under question received a Change of Zone approval on moo December 21, 1983, (COZ #412) and was amended in 1989, (Amended a:w COZ #412). The Change of Zone applications were for Planned Unit —^ Development residential lots and equestrian recreational activities, more MI= a specifically defined in Exhibits 5 and 17 of the application for Change of Zone #412 as: 2003-0825 PL0003 f(1: (i Mc '47 , vice f/L. PUD FINAL PLAN, PF #1021 - REI, LLC PAGE 2 1) Equestrian Center with indoor arena and riding school, office and equestrian club, building outdoor arena, stables and outside paddocks, dressage and stadium jumping arenas, cross country course, specialty training areas, and hay and equipment storage buildings, and 2) Water and other recreation facilities,floating docks for small boats, boat launching ramps, property owners clubhouse with swimming pool and tennis court. B. Section 28.14.1.6.2(Section 23-2-780.F.2 of the Weld County Code)-The Planned Unit Development Final Plan conforms to the approved Planned Unit Development(PUD)Zone District. The approved Planned Unit Development Change of Zone called for residential and recreational activities to be located on this site. The applicant has only provided a limited number of the recreational amenities listed above and as defined in the Change of zone and amended Change of Zone applications and discussed in the First Filing. Therefore, the PUD currently lacks most of the planned amenities and has limited use of the open space because of the expansion of oil and gas. The First Filing has 131 lots unsold, and the Board finds that approving an additional 406 lots for sale, in addition to those lots available in the First Filing, with the current lack of amenities is inconsistent with the original Change of Zone. C. Section 28.14.1.6.4 -The proposed Planned Unit Development Final Plat does not conform with the Performance Standards in Section 35.3 of the Weld County Zoning Ordinance,now found at Section 23-3-520 of the Weld County Code. 1) The uses within the PUD District have not been shown to be compatible with other uses within and adjoining the PUD pursuant to Section 23-3-520.A of the Weld County Code. The number of legally available oil and gas drill sites has increased dramatically since the original Change of Zone and there is not sufficient evidence to indicate that the number of residences proposed can safely be accommodated with the density of oil and gas operations now existing or allowed to be drilled under current law or that the setbacks proposed protect the health and safety of the future homeowners. The Board recognizes the efforts of the applicant to reach agreements with some of the mineral owners and operators, but notes that not all of the mineral owners and operators are signatory to the agreement and that the agreement has not been demonstrated to be adequately protective of the safety of future residents of the PUD. 2) The proposed residential uses will lack buffering and screening from oil and gas uses, as required by Section 23-3-520.E of the Weld 11111111111 It 1111111111111111111111 11111 /III /III 2003-0825 3114872 10/08/2003 02:01P Weld County, CO PL0003 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PUD FINAL PLAN, PF#1021 - REI, LLC PAGE 3 County Code, and the setbacks set by the Colorado Oil and Gas Commission are not sufficient to separate the residential uses from the well heads and tank batteries. 3) Sufficient common open space is not provided and that which is provided is inadequate or not useful to the occupants or residents of the PUD District and,therefore fails to satisfy Section 23-3-520.B of the Weld County Code. D. Section 28.14.8, now Section 22-3-40.F of the Weld County Code - The proposed Planned Unit Development Final Plat is not in compliance with the Weld County Comprehensive Plan as it now exists,Section 22-3-40.F of the Weld County Code, or as it existed at the time of the amended Change of Zone,which requires that there be an availability of adequate school facilities. The proposed school site is impractical for construction of a school due to the lack of public sewer facilities and School District RE-1 now lacks capacity to assimilate children from the 406 homes. E. Adequacy of road transportation has not been addressed, particularly with respect to Weld County Road 42, contrary to Transportation Policy 2 of the 1989 Comprehensive Plan and Section 22-3-40.C of the Weld County Code. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of REI, LLC, for a Site Specific Development Plan and Planned Unit Development Final Plan, PF#1021, for the Second Filing of Beebe Draw Farms for 406 lots, on the above referenced parcel of land be, and hereby is, denied. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 6th day of August, A.D., 2003. BO RD OF COUNTY COMMISSIONERS W COUNTY, C LORADO ATTEST: ,el/S,1 vid . Lon , Chair Weld County Clerk to the Board R bert D asden, ro- em lerk to t e Board .rye M. J. Geile rism I - --l— V� Willis H. Jerke Atto ey GennV a Date of signature: /1/7/P5 111111111111IIII11111111111111111111111III11111IIII IIII 2003-0825 3114872 10/08/2003 02:01P Weld County, CO PL0003 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 _ GREELEY, CO 80632 'D WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 0 FAX: (970) 352-0242 COLORADO September 30, 2003 Jacqueline Johnson, Esq. 822 7th Street, Suite 760 Greeley, CO 80631 RE: REI, LTD (Beebe Draw), 2nd Filing Dear Jackie: This letter is to confirm our discussion regarding the effective date for purposes of appeal of the above cited Board decision. I have advised you that the County will treat the date of final decision as the date of signing of the Resolution for Denial which will be no sooner than October 1, 2003. You may rely on this representation with respect to this particular case to determine when the time for appeal begins to run. I will have the Clerk to the Board provide you a copy of the Resolution as soon as it is available. Yo truly, 77170/1/U4-0--- Lee''D. Morrison Assistant Weld County Attorney pc: Bruce Barker M:\WPFILES\LET\BEEBE093003.WPD Hello