HomeMy WebLinkAbout20031421.tiff HEARING CERTIFICATION
DOCKET NO. 2003-29
RE: 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
A public hearing was conducted on August 6, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice of continued hearing dated July 18, 2003, duly mailed to
property owners within 500 feet of the proposed site and anyone who had requested notice on
July 18, 2003, a public hearing was conducted to consider the request 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. Lee Morrison, Assistant County Attorney, made this a
matter of record and stated this case was continued from May 28,2003. Monica Mika,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 distributed a hard
copy of two layout maps, the rules and regulations under which this case is reviewed, several
handouts for additional staff comments, and a description of the proposed concept for the
subdivision (Exhibit X, GG, DD,and EE, respectively). Ms. Mika stated the first filing is comprised
of 1,163 acres with 188 residential lots. She stated that after the Planning Commission heard the
case,the applicant negotiated further with the oil and gas company to address concerns,and has
submitted a modified plat(Exhibit FF)on which they have relocated lots that were previously spread
throughout the subdivision to the top of Section 4. Ms. Mika summarized the entire case history,
stating December21, 1983, Change of Zone#412 was approved for 600 single-family residential
units, 100 multi-family residential units, recreational component, and oil and gas activities. On
December 22, 1985, 188 lots were platted for the first phase of the Final Plat, S #247. On
August 20, 1986,the Metropolitan District was formed to carry out the amenities associated with the
subdivision. On February 27, 1989,the applicants amended the original Change of Zone to change
the overall densities to 700 residential units and deleted the R-3, multi-family component, still
retaining the recreational and oil and gas components. On March 22, 1989,the second amended
replat of the first filing was done,which was the first time oil and gas production was shown on the
plat. In May of 1979,the Metropolitan District consolidated,and September 13,2000,the applicant's
request for 536 lots to be located in the balance of the subdivision, S #525, was denied. On
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December 18,2001,the applicant's request fora Substantial Change was approved which reduced
the overall densities to the approximate current levels. The case under consideration is a PUD Final
Plat for Second Filing for406 residential lots,retaining the associated recreational and oil and gas
activities. Commissioner Geile requested staff review and focus on the differences between the
Substantial Change application and this application;what was committed to for construction in the
first phase; which items were completed; a further description of the Metropolitan District, which
originally was intended for seven districts to include water, streets, stormwater, as well as gas,
electric,telephone,and other utilities;compliance with the improvement agreement and what items
were included in the agreement versus those covered by the Metropolitan District; how the open
space for the Equestrian Center ties into this filing;whether the use of the lake causes health and
safety issues;and whether everything represented by the applicant,such as the use of the lake,is
both possible and feasible. Ms. Mika stated she will answer Commissioner Geile's questions after
completion of her presentation;however,the majority of the amenities discussed by Commissioner
Geile are located in Outlot A, except for the existing gatehouse facility, community building, and
trails. Ms. Mika stated that a Site Plan Review will be required before any building permits are
issued,or any activity takes place. Therefore,the amenities, parking,and lighting associated with
those individual uses have not been reviewed by staff. Ms. Mika stated the original application
included eight phases, and the current application includes 14 phases; however, it is uncertain
which amenities are associated with which individual phases. She stated the applicant is limited
to 100 residential water taps per year from Central Weld County Water District,although the phases
will occur over an eight-year period ranging from 17 to 34 residential lots. She said the applicant has
provided a list of amenities;however,they are not scheduled into specific phases,and is of concern
to Department of Planning Services staff.
Ms. Mika stated two referral agencies did not comment on this proposal. She stated there will be
four plats referenced in this hearing,the J.L.Walters Oil and Gas Plat(Exhibit FF);the engineering
construction drawing plats dated June 3;the Master Plan submitted by Dave Klinger,dated July 2;
and the Landmark Engineering Plats dated June 3 (Exhibit TT). Ms. Mika stated the Planning
Commission approval was contingent upon establishing an agreement with the oil and gas
operators on the site. She referenced the draft resolution to review conformance with Section 28.14
of the Weld County Code, and noted the original uses approved, which Commissioner Geile
requested, are listed on page two of the draft resolution in 2.a.1 and 2. She presented pictures of
the area, and stated there is an area identified as an Environmental Assessment Sensitive Area
along Milton Reservoir. She stated the applicant is addressing the recreational vehicle storage
issues,which was to include eight acres,although staff does not know the precise location or have
a schedule of its completion. Ms. Mika stated the oil and gas production facilities are in and around
the subdivision,as well as numerous access roads. In response to Commissioner Geile's earlier
questions,Ms.Mika stated the proposed concept(Exhibit EE),is from the original Change of Zone,
and it discusses the amenities associated with the First Filing of the Subdivision. She also stated
48 lots have been sold;however,some are owned by individuals,and some by the developer. She
also stated some lots have either setback or septic variances with violations having occurred on four
of them since building activities began in 1989. Ms. Mika recommended changes to the draft
resolution(Exhibit UU),which Chair Long deferred to later. Ms.Mika stated the Metropolitan District
was intended to serve many uses, including placement of street signs, and the agreement with
Fryco regarding the Milton Reservoir is dated 20 years ago. Ms. Mika stated that,while open space
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is identified, there is a high percentage of open space located in the subdivision. The original
Change of Zone included 70 percent of the project being open space; however, the current
application is approximately 46 percent. She stated the Equestrian Center has not yet been
established.
Responding to Commissioner Vaad regarding whether smaller,combined sewage treatment plants
might create more environmental damage than multiple individual sewage disposal systems,Pam
Smith,Department of Public Health and Environment,stated decentralized waste water treatment
systems under the ownership of a utility,whether public or private,are not highly regarded due to
the large concentration of effluent,as well as the amount of maintenance required. She stated the
State process takes over with its site application process,monitoring wells,and discharge permit,
therefore,the management of the decentralized system does not work well. Ms. Smith stated the
applicant has proposed individual systems with a primary and secondary envelope dedicated for use
on each lot, with the management of the septic system, including maintenance, pumping, and
inspections, to be under the Beebe Draw Metropolitan District.
Responding to Commissioner Masden regarding the small lots, Ms. Smith stated staff has
requested information from the applicant and received a list of 51 lots that will be impacted by oil
and gas influences, based on the agreements that have been executed. She stated those are
probably the most restricted lots,and the smallest is three-tenths of an acre building envelope area,
which is for the building footprint, primary and secondary septic envelopes, and any outbuildings
desired. She stated she has asked the applicant to show this information for all lots in the
subdivision, even though he has provided a list for only the most restricted lots. Ms. Smith stated
staff is recommending inclusion in the resolution that all of the lots be identified as having some sort
of impact based on oil and gas setbacks,for prospective purchasers to be aware of each individual
lot's restrictions. Commissioner Geile stated the soil is extremely sandy with a high nitrate level in
the area,which caused concern in the earlier hearings regarding whethera septic system or public
sewage system would be appropriate,and the major problem would be how to structure the facility,
since the Metropolitan District did not include the type of sewage system. Ms. Smith stated she
assumes it is still a concern of adjacent landowners,because of the environmentally sensitive area.
Don Carroll, Department of Public Works, stated an on-site and off-site improvement agreement
will be required, and noted the main entrance to Beebe Draw Farms has been completed by the
applicant. Mr. Carroll stated the off-site agreement would include improvements to Weld County
Roads 39 and 32 at the bottom end of the development,which would include a right turn lane from
Weld County Road 39 entering Weld County Road 32 to travel west. Mr. Carroll stated the
improvements basically tie to the Building Permits,and when enough traffic is present it will trigger
the improvement. Mr. Carroll stated another area is the upgrade and paving of Weld County Road
38, which would be at the very top of the development, requiring the applicant to pave from the
entrance west to Weld County Road 39,which would accommodate the lots at the very top of the
development. He also stated staff has recommended improvements at the entrance onto Weld
County Road 32. Mr. Carroll stated the on-site improvements are typical of all cases,where staff
works with the applicant to ensure paving is adequate between each phase, to allow continuous
paving without gravel roads being used between phases. Responding to Commissioner Jerke's
concerns regarding traffic utilizing Weld County Road 39 to 42, then west on 42 to Gilcrest,which
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is the location of the high school, Mr. Carroll, stated that route was not included in the
recommendation for the improvements agreement. CommissionerJerke stated that,with hundreds
of families in this subdivision,the County would eventually be required to pave Weld County Road
42 all the way from Weld County Road 39 to Highway 85 at significant expense.
Responding to Commissioner Vaad, Ms. Smith stated that the houses already built in Phase 1
would not be subject to the inspections,however,they could voluntarily participate and any lot that
has not been developed in Phase 1 would be subject to the inspection arrangement with the
Metropolitan District. She stated most of the septic systems are engineered septic systems
because of the sandy soil.
Daniel Sheldon, representing REI, LLC, introduced his team of professionals, including Christine
Hethcock, David Shupe, J. L. Walter, Kent Colborne, Bob McGregor, Paul Cockrel, Chuck
Carpenter, Jackie Johnson, and David Clinger. Mr. Sheldon reviewed the background and
qualifications of David Clinger,who is the land planner presenting the case. Mr.Clinger presented
a copy of his presentation(Exhibit HH),and stated the Substantial Change application for 419lots
was approved in 2001. The revised final plat for filling two,reduced the density of the development
by 113 lots from the original approval, to 406 lots. Mr. Clinger stated that this filing was also
changed so that each lot would have a minimum of 2.5 acres, since the larger lots work better to
protect the environment, allow adequate septic fields, and meet the concerns of the oil and gas
companies. Mr. Clinger stated other changes were made to the plan to accommodate the oil and
gas companies, including reworking it to reasonably accommodate well locations, batteries,flow
lines, future drilling sites, and access. The applicant has spent more than eight months to
accommodate their needs, and everything in the field has been surveyed and indicated on the
revised plat,as well as all easements,which is now based on accurate surveys. Mr.Clinger stated
they have recently finalized an oil and gas agreement,which has been fully executed(Exhibit VV).
Mr.Clinger stated the developer has relied on the Master Plan approval from 1989 and has invested
over$6 million in infrastructure and expenses based on that plan. Mr.Clinger described the pictures
in his presentation, (Exhibit HH)stating#1 shows the entry house, which is used by the Sheriff's
Department as an office area, along with another office and restaurant area; #2 shows the
community center, which is used as a mail room, school bus pickup and drop off, Metropolitan
District offices,offices which REI leases for sales,and it is available for homeowner functions;#3
shows the marina,which has been constructed at a cost of$800,000;and#4 shows the 3,000,000
gallon water tank installed by the District to serve all lots. He stated #5 shows the Master Plan,
Pelican Lake, and open space of 46.8 percent of the site; lots which have been increased to a
2.5-acre minimum;a series of equestrian trails,including 14 miles in Phase 2 that wind through the
open space;clustered groupings of homes with most lots abutting and facing the open spaces;an
environmental setback along Milton Reservoir and the Platte Valley Canal,which respects those
environmentally sensitive areas;restricted building envelopes along the setbacks on the west side;
and an area which has been added as an environmental protection area shown in the design of the
overall plan.
Mr. Clinger stated #6 of Exhibit HH demonstrates that all lots are subject to covenants and
restrictions stating lot lines cannot be fenced;setbacks are 50 feet on side yards and 50 feet in the
front and rear when contiguous to open space,which includes most of them; houses on each site
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which are restricted to a minimum of 1,900 square feet,including a three-car garage;building height
must have a maximum of two stories;all the garages must have a side entrance;a minimum of 15
trees must be planted within six months of the Certificate of Occupancy or the next planting season;
the amount of property allowed to be irrigated is restricted to five percent;35 percent of the lots are
allowed to have horses, however, on those lots only five percent of the lot area can be combined
with privacy fencing for the paddock and barns;and the typical barn or the equestrian lots can have
a maximum of 864 square feet. Mr.Clinger stated any disturbed areas on these lots will be seeded
with native grasses and other approved zeroscaping. Responding to Chair Long,Mr.Clinger stated
the lots shown in yellow have building envelopes which restrict location of buildings because of oil
and gas concerns,and further stated that every homeowner will be given a copy of the oil and gas
agreement, and the plat will be marked with building envelopes.
Chair Long asked for anyone who would not be able to attend this afternoon, to testify now, and
asked each individual to keep statements focused on this application,realizing that arguments about
whether or not past decisions were appropriate is not under consideration.
Dan Oster, surrounding property owner, stated his concerns regarding the individual septic
systems. He stated he is not sure there is a proper test to ensure the percolation rate is slowed
down,there is a high nitrate level in the area,and nearby properties rely on groundwater for drinking.
Mr. Oster stated there are a lot of unsold lots, and he is concerned about approving this large
number of additional lots,when the developer has not yet sold those approved in the first phase.He
stated the soil is extremely fragile, and traffic is a real problem, especially Weld County Road 42
west of Weld County Road 39,although traveling east of Weld County Road 39,then north is going
to be made worse by any increase in population. Mr. Oster stated a large number of lots have been
resold, indicating customers may not be satisfied, especially with the soil being extremely fragile.
He stated the equestrian trails will very soon be trenches rather than trails. Mr. Oster urged the
Board to use caution and deny this application..
Mary Jane Teeters, Beebe Draw homeowner, stated she has been in the subdivision for over two
years. She stated she is delighted to be located in Beebe Draw, and she feels approval of Phase
2 would be beneficial. She said she did not move there to bring the city with them, but to move out
of the city. Ms.Teeters stated the Covenants are good,and traveling a mile or two to get to a paved
road is not a concern. She stated the amenities would be nice; however, they are not the reason
for moving there. Responding to Commissioner Geile, Ms. Teeters stated the Covenants were in
effect when they purchased the property approximately two years ago. Responding to
Commissioner Masden,she stated her husband does commute,and because ofajob change,they
may have to move to Pueblo.
Responding to Commissioner Geile, Mr. Clinger stated the owner is the same for Phase 1 and
Phase 2. Mr.Clinger stated one of the main partners of the original application died,and the current
group purchased his entire interest. Responding further,he stated the$6,000,000 investment was
an infusion into the Metropolitan District and does not include the purchase price. Mr. Clinger
returned to his presentation and stated future buildings are mail box and bus stop areas,which have
been worked out with the School District, utilizing the same "Parkitectural" theme, which he
describes as a building with a western theme with logs that would fit a national park architectural
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theme. Mr. Clinger stated Milton Reservoir, has been leased exclusively by the developer, and
boating will only be permitted with motors up to five horse power,sailing,fishing,and birdwatching,
however, swimming is not allowed, and signs are posted. Mr. Clinger stated the applicant is very
cognizant of the reservoir and water,and has made every attempt to protect the public. He stated
the access to the marina is by an access road which is controlled by a gate, as shown on detailed
landscaping plans which have been submitted. Mr. Clinger stated an additional road was added
after the Planning Commission Hearing,to provide better access from the project to the school and
fire station site, as well as additional open space which was at the request of Ms. Mika, to be
reserved as part of the open space and wildlife refugee. Mr.Clinger presented letters signed by 33
homeowners supporting the project,as well as 18 business owners in Platteville(Exhibits II and JJ).
He stated the homeowners purchased their properties with the understanding this was an approved
Master Plan community and, if denied at this point, it would put the Metropolitan District in severe
financial constraints because of all the money that has been spent, therefore, the future of this
project would have to be borne by 188 homeowners. Mr. Clinger referred to item#7 of Exhibit HH
and stated all revegetation,seeding and mulching are scheduled immediately as seasons allow and
are professionally installed by the District. He stated #8 and #9 describe the covenants, #10 is a
copy of the revegetation plan which is given to all homeowners, #11 is the Trail System Waste
Handling Plan, and #12 is the Inclement Weather Road Maintenance Plan. Responding to
Commissioner Geile, Mr. Clinger stated the covenants are the same for Phase 1 and Phase 2.
(Recess for lunch.)
Paul Cockrel, Attorney for the Metropolitan District, stated he has served the District since it was
formed,and participated in the formation. The District was created in 1986 and restructured in 1999
to a dual district structure. The consolidated service plan is on file with the County and it has not
been modified since then. Mr. Cockrel stated the Districts are authorized to provide all services
identified under the Special District Act,except sanitation. He stated it was never anticipated to have
a centralized sewage system to service the district, although the service plan could be expanded
to provide it; and the board is willing to implement a centralized septic system if required to do so
by Weld County. Mr.Cockrel stated the District would not anticipate installing a centralized sewage
system, but could implement a modified sewage system tank management plan. He stated the
District has made numerous improvements, including the roadways, water facilities and water
distribution systems,and it has acquired Colorado Big Thompson shares and related water rights
for transfer to the Central Weld Water District. He stated the District has constructed approximately
$1.4 million in recreational facilities, and it holds$1.4 million in property assets,which is basically
the open space and developed trails. Mr. Cockrel stated the original lease agreement between
Fryco and the developer was transferred to the District,and the lease does provide for recreational
use of the lake,although that is somewhat limited. He stated in 1998,the District issued$2 million
in General Obligation Bonds,which mature in 20 years,with a$200,000 annual payment;however,
the District has occurred no other property tax supported debt. Mr. Cockrel stated the District is in
sound,financial condition and the consolidated financial plan anticipated future improvements would
be paid for through the property tax of the District,which is 40 mills historically, although it cannot
exceed 50 mills without modification to the Service Plan, or through developer fees that are
assessed at the time of lot sales. He further stated the future property tax will help support debt
service and any left over monies would payfor capital improvements or other authorized expenses.
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Mr.Cockrel stated the Consolidated Service Plan anticipated completion of the marina facilities by
1999,and the community club house and swimming pool by 2001,although only the marina facilities
have been completed at this time, since it was also anticipated that Phase 2 would be developed
by this time. He stated 164 units were anticipated by 2001 and 344 units by 2003; although there
are currently only 38 homes,with 10 under construction, and the District has not felt it prudent to
continue without the status of Phase 2 being decided. The ability to construct some of the
recreational amenities is dependent upon additional buildout of the project as anticipated in the
Service Plan,including the units that are projected in Phase 2. Responding to Commissioner Geile,
Mr. Cockrel stated the agreement with Fryco was a 30-year lease and it will terminate in 2016. He
further responded to Commissioner Geile that the major infrastructure of water, roadways, and
drainage,will essentially be funded from developer and tap fees as they are collected; however, it
was anticipated that the recreational amenities would be funded from any property taxes left over
after payment of the current debt service expense. He stated there is a little over $1 million in
recreational amenities that were to be provided for the project,and a little less than half have been
constructed. Mr.Cockrel stated the remainder would be constructed from this excess property tax
revenue which would be generated from additional valuation on new housing units. Responding to
Commissioner Geile,Mr.Cockrel stated that,at the current assessed valuation of the District,which
is $13 million, it takes 15 mills annually to pay debt service, although 40 mills is currently being
assessed and the balance is used to finance additional amenities, such as completion of the
swimming pool. Mr. Cockrel stated the developer infuses money into the District via the
development fee at the time of the lot sale,and the District relies heavily upon that fee to fund and
complete infrastructure. Responding further to Commissioner Geile, Mr. Cockrel agreed that the
$6 million is a paper trail instead of actual cash,and as the development fees occur,the dollars will
surface and go into the District,although there are other funding mechanisms that could be used.
Responding to Commissioner Masden,Mr.Cockrel stated the development fee goes into the District
treasury and it is earmarked and used only for authorized capital projects, which is a statutory
requirement. He stated construction of the swimming pool is currently under consideration of the
District Board,and will still be considered whether or not Phase 2 is approved,although the financial
modeling has not yet been completed. Responding to Commissioner Geile regarding the structure
of the District, Mr. Cockrel stated there is one owner/resident on the Board of Directors in District
#1,and it is anticipated that another resident will be added before the elections in May. Responding
to Commissioner Masden, Mr. Cockrel stated the District is charging 40 mills, although that could
go up to 50, upon action of the Board of Directors at a public hearing to increase the mill levy or
incur further debt. He further clarified the 50 mills has not been necessary,although it could be in
order to generate additional revenue for capital purposes, and no modeling has been done to
determine what the mill levy would be if Phase 2 were approved; however, the Service Plan itself
anticipated that Phase 2 would be approved with 724 total units and it was presumed that the
development fee would carry the load for future infrastructure and the property owners would not
be burdened with that debt.Mr.Cockrel further stated that in order to change that,the Service Plan
would have to be amended. Responding to Commissioners Jerke and Geile,Mr.Cockrel stated the
District has been "debruced" and clarified that the District has a commitment to serve the entire
development,with a limitation that not more than 100 taps per year will be added because of the
impact to the system and the market value of water rights that would have to be acquired in order
to serve more. Responding to Commissioner Geile, Mr. Cockrel stated that out of the 178 lots in
Phase 1, water taps to service most of those have been secured and the raw water requirement
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has been met, and stated he will supplement this information if this statement is incorrect.
David Shupe, registered engineer for the applicant, stated the District's provision of sewage
maintenance was one of the primary reasons the Substantial Change was approved. He presented
a summary of his statement(Exhibit KK),and reviewed his background of 40 years in septic system
design and use. Mr. Shupe discussed the soils in the subdivision, which result in very rapid
percolation and are,therefore, not suitable for conventional disposal; however,the system being
proposed provides treatment by subsurface sand filtration. Mr.Shupe stated the individual system
designs will be subject to County approval, and a management program which has been submitted
to the Health Department, places the design, installation and maintenance of each new system
under the joint supervision of the Health Department and the District. He stated this will include all
lots in Phase 2, and any lots currently unsold in Phase 1,with an additional provision for currently
owned or developed lots to apply to the District to be included in the proposed maintenance
program,if they so desire. Mr.Shupe stated the program provides on-going maintenance,including
field and tank inspection,pumping,and groundwater quality monitoring,with proposed monitoring
wells being located on the plat,and theywill be tested prior to development to obtain a"ground level"
of existing conditions. He stated the management proposal also provides for the appropriate
re-evaluation of any perceived system malfunctions; and the cost of the maintenance program is
included in the mill levy paid by lot owners, according to the financial structure set forth in the
District's Service Plan,and upon adoption of an amendment to said Service Plan for this purpose,
which will be acted upon after approval of Phase 2. Mr. Shupe stated this would be the first highly
organized supervision and maintenance program for individual sewage systems within a subdivision
to be completed in Weld County, and stated the applicant has provided sketches to Heatlh
Department staff, showing building envelopes for primary and secondary septic locations for the
smallest of the lots. He indicated some lots may also require lift pumps,consequently, he located
septic tanks and filter fields, and demonstrated how they will fit within even the smallest of the
building envelopes. He stated that, if required,he will show that information for each of the 51 lots
that have restricted building envelopes. Mr. Shupe summarized that they are providing not only
disposal,but treatment,of the system;the on-going maintenance program provides beyond anything
the County currently requires for groundwater monitoring; and they are intent on meeting all
requirements of the Weld County Department of Public Health and Environment. Responding to
Commissioner Geile,Mr.Shupe stated the difference in cost for the system,compared to a general
system is very little, since filtered sand is installed to a depth of four feet instead of two feet to
ensure all treatment that the system is capable of delivering. Responding further to Commissioner
Geile, he stated periodic pumping is not required, except approximately every four years,and the
District would be responsible for maintenance,which would be included in the amendment of the
Service Plan which has not yet been approved. Responding to Commissioner Jerke, Mr. Shupe
stated there are eight monitoring wells which will be shown on the plat,with four of them located
along or near the reservoir,one located in Phase 1,and the others placed appropriately throughout
the subdivision.
Responding to Commissioner Masden,Mr.Shupe stated each home will be responsible for the cost
of installation of the system,although the design would be done by the District and furnished to the
homeowners,according to the specifications required by the Health Department. He stated the cost
is relatively identical to a regular system,although a smaller area is required with the sand filtration
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system than normal. Responding to Commissioner Jerke, Mr. Shupe stated, depending on the
number of bedrooms, this system should cost approximately $6,500 - $7,000.
Robert McGregor, registered professional engineer for the firm of Water and Waste Engineering,
Inc.,stated his firm was asked to review the water quality issues related to Milton Reservoir as they
apply to this development. He stated the reservoir is primarily agricultural,although over the years,
it has become a major recreational asset. Mr. McGregor stated the reservoir provides excellent
wildlife habitat, has a fishery, and it provides the opportunity for boating. He said the State Water
Quality Control Commission has established regulations to be followed for each of those uses,
Milton Reservoir has been designated for each of those uses. Mr. McGregor stated the reservoir
has been designated as suitable for swimming; however, it does not currently meet those
standards, although it could in the future. Therefore, the covenants which have been adopted
include restrictions on the use of the reservoir. Responding to Commissioner Geile, Mr. McGregor
stated in order for Milton Reservoir to be brought up to standard for swimming, it would require an
upgrade in the management plans. Responding to Commissioner Masden, Mr. McGregor stated
everyone suffers together in a drought and, although the extreme conditions are not normal,very
limited use of the reservoir will be allowed when it exists. Responding further to Commissioner
Masden, Mr. McGregor stated that,although many people in the area refer to Milton Reservoir,the
proposed plat calls it Pelican Lake in order to communicate the recreational asset represented by
the waterfowl and wildlife in the area and it is the marketing name. Responding to Chair Long, Mr.
McGregor clarified that changes would have to occur upstream of this development to make the
reservoir suitable for swimming. He further clarified that when the State adopts a standard for a
water body, one of the findings is that it is either currently suitable for that use, or that use is
attainable; based on knowledge of what is included in the watershed. He stated this reservoir is
filled by the South Platte River, so its quality is controlled by the river.
Mr. Clinger reviewed the map of all the existing oil and gas lines, wells, batteries, as well as use
areas that have been designated for production facilities of the oil and gas companies(Exhibit FF).
He stated the circles represent areas that are minimum setbacks from any house, and typical
setback is 150 feet,or a 300-foot circle,as agreed to with oil and gas companies,which also meets
County requirements for setbacks. Mr. Clinger stated the batteries show a 200-foot radius,which
is also annotated on the plat, as well as use areas for operational facilities, over and above the
setbacks. He stated a few lots have gas lines running through them, and those lots have building
envelopes included,with a minimum 75-foot setback from any flow lines. Mr. Clinger stated they
have provided approximately 6 acres where the production facilities will be grouped to
accommodate the oil and gas operations;and approximately 350 acres, in addition to the setback
circles, which will accommodate oil and gas operations in the open space areas. Responding to
Commissioner Jerke, Mr. Clinger stated that one-third, or 350 acres out of 1,000 of open space
would be encumbered bythese facilities. Responding to Commissioner Masden,Mr.Clinger stated
that includes existing and future wells that have been included in the agreement; there are
easements and restrictions on the plat for flow lines,and there is a 75-foot setback from those flow
lines that cross individual lots. He also noted there are some main transmission lines that go north
and south through the project, and there is also a 75-foot setback from those. Responding to
Commissioner Geile, Mr. Clinger stated the oil and gas companies will be using service roads to
get to the facilities in the open space,after the road system has been constructed,and all the trails
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have been worked out with the oil and gas companies to go around the batteries and the wells so
as not to conflict with their operation.
Chuck Carpenter, oil and gas attorney, stated the agreement has been finalized after reviewing
every section,quarter section,well,and pipeline. He stated the agreement provides access byway
of subdivision roads after they have been completed,therefore,there is no expectation of conflict
with trails and open space. He stated each individual well and facility has a defined access;
however,at this time,there are no plans to move liquids through the pipeline. Mr.Carpenter stated
the batteries would be emptied by truck. Commissioner Masden stated that sites that have not been
drilled and refracs being done in the area, requires a lot of trucks for one well, and that the trucks
haul in 6,000 plus barrels of water to do a refrac then haul it off, therefore, some roads will have
trucks running 24 hours a day. With production increasing,some wells will have numerous trucks
making trips in one day. Mr. Carpenter stated he was discussing the routine maintenance, not
looking at undrilled sites. He stated the agreement does address the drilling of new wells,and the
attempt has been made to cluster them in the areas where the wells exist,leaving open space area
and space for development as well. He stated the agreement will conform with Oil and Gas
Conservation Commission regulations in terms of locations,and they assured the companies they
would be able to adequately drain the reserves located on site. Mr. Carpenter stated that in the
1980's a series of agreements were executed with companies under the framework of the
requirements at that time;and since that time,there have been major changes to the industry,and
they have tired to accommodate all the needs,focusing on the health, safety, and welfare issues,
assuring adequate setbacks from all facilities. He requested this agreement and detailed map,
which is an exhibit to the agreement, replace any other Conditions with respect to oil and gas,and
requested it be incorporated as a detailed plan which is binding on lands to show where
development will occur. Responding to Commissioner Masden,Mr.Carpenter stated the developer
has provided sufficient area clustering to occur; however, the agreement does allow for drilling of
additional wells within the area shown on the map. (Changed to Tape#2003-32) Responding to
Commissioner Geile,Mr.Carpenter stated there currently are approximately 80 wells;however,they
have not agreed to a specific number to be drilled in the future, only future drilling sites. He stated
there is no way to eliminate the inconvenience of noise and dust when wells are being drilled since
that is governed by the Oil and Gas Conservation Commission; however,there are no objections
from the oil and gas companeis with respect to this proposal. Responding to Commissioner
Masden regarding oil and gas safety issues when the wells are located near residences, Mr.
Carpenter stated the Oil and Gas Conservation Commission has adopted rules for safety,and the
agreement complies with those rules. He stated specifics are listed in the agreement, including
such things as removal of debris, and control of noxious weeds.
Mr. Clinger stated the developer has established the phasing plan of 14 phases, and their
commitment is to provide at least one amenity with each phase. A list of 14 amenities has been
provided, including a swimming pool, riding school and,as development occurs,amenities would
be built. Responding to Chair Long, Mr. Clinger stated the oil and gas drilling is not in conjunction
with the phases,the companies can drill at any time; however, it is most probable the wells will be
drilled prior to development occurring. Mr.Clinger stated they are trying to establish an overall plan
for the future and will provide one amenity with each phase. Responding to Commissioner Masden,
Mr.Clinger stated the amenities will be determined by the Board of Directors;however,flexibility is
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necessary to adapt to changing needs of the overall development.
Mr.Clinger stated the traffic impacts have been reduced by approximately 1,500 daily trips because
of the reduction in the number of lots, and all intersections will operate at acceptable levels at full
build out. He said the on-site and off-site agreements that have been drafted will address the
specific improvements. Mr. Clinger stated they have now received approval from both the school
district and fire district with a dedicated site for each;have reached an agreement with the Sheriff's
Office for facilities used on-site;an agreement with the U.S. Bureau of Reclamation regarding the
environmental zones forthe bird sanctuaries,buffers,and setbacks;an agreement with Qwest and
Excel Energy for the full capacity to service this property;and an agreement with the Central Weld
Water District. Mr. Clinger stated there is at least one disgruntled couple who believes the
amenities should be available at this time;however,the applicant is committing to one amenity per
phase in the future. He stated the applicant has provided signatures of 33 homeowners and 18
businesses in Platteville in support of this project;they have worked very hard to obtain the oil and
gas agreement; they have revised the plan to accommodate the oil and gas industry; there is the
same number of lots approved by the Planning Commission,and virtually the same amount of open
space approved by the Planning Commission. Mr. Clinger stated over 43 percent of the site is an
open space;all the lots are in excess of 2.5 acres;they have established environmental protection
zones along the reservoir and canal; have developed complete and thorough covenants with
detailed lot and building restrictions;have provided state of the art septic systems with professional
monitoring by the District; have created a sensitive, clustered development that complements the
open prairie environment; restricted outdoor watering; and created landscape plans that feature
zeroscape plants and community structures that are based on national park architecture. Mr.
Clinger stated the overall density of Pelican Lake is one home per six acres,with almost 50 percent
of the site in common open space to be maintained by the District. He stated because lot line
fencing is prohibited,irrigated yards cannot exceed five percent,and fenced paddock areas cannot
exceed five percent of the lot, including the barn. Over 90 percent of the site will remain open.
Responding to Commissioner Vaad,J.L.Walter,stated the 3 million gallon capacity tank will serve
800 lots, and Central Weld County Water District is the owner and designer of the water system,
and they do loop their lines, and it is part of the water district's overall system so it serves their
eastern facilities,not only this development. Responding to CommissionerJerke, Mr.Walter stated
the main line runs into the tank, other lines coming out will always be in use,and the pump station
built by this development will provide higher flows;however,the tank is circulated daily. Responding
to Commissioner Masden,Mr.Walter stated each home will have a five-eights or three-quarter inch
tap, costing approximately$10,000 for each homeowner.
CommissionerJerke,referring to Mr.Clinger's statement that 33 homeowners have signed letters
in support of this proposal,stated that appears to include couples instead of individual homeowners.
Mr. Clinger stated 36 homes are occupied and 33 residents signed it,therefore, there were 17 or
18 homes represented. Responding to Commissioner Vaad, Mr. Clinger stated the District will
maintain the trails,and indicated the applicant has restricted the number of horse lots to 30 percent,
only half of which will probably have horses. He stated that,with 14 miles of trails,there would be
very low use for equestrian trails,and should not become an erosion problem. Responding to Chair
Long and Commissioner Geile,he reiterated the Metropolitan District will own and maintain all the
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open space;and the covenants cover the uses allowed on each lot. Responding to Commissioner
Jerke, Mr. Clinger stated his description of a national park look is not reminiscent of any particular
national park, although it is a term he uses to describe the type of log buildings with green roofs
which are utilized in many national parks.
Jackie Johnson,Attorney, provided a historical link to this project,stating she was on the Board of
County Commissioners when the PUD and first filing were approved. She discussed the good faith
issues involved in making decisions while serving on the Board of County Commissioners, and
stated the Board relies on the good faith of the developers to meet all the requirements of the
County;equally,the developers rely on the good faith of the Board of County Commissioners while
making decisions about how to proceed with the project. Ms. Johnson stated that once
assumptions are made,the decisions protect the County,the citizen purchasing the property,and
the developer in expending funds to proceed with the project. She stated the developer assumed
the scale of the Change of Zone required them to be able to rely on future filings being approved.
Ms. Johnson stated she has observed that the developer has been true to their word and have
engaged in a very long and careful planning process. She stated that at the Substantial Change
Hearing, the applicant was sensitive to the changes desired by the Board of County
Commissioners,and those concerns have been adequately addressed through the Development
Standards and the Conditions of Approval. She stated the good faith of the developer has also been
expressed by its dealings with the oil and gas interests in that they have spent over eight months
to reach the agreement. Ms.Johnson urged the Board to consider the interests of developer,the
interests of the County, and the interests of the residents be fulfilled in the best way. Responding
to Commissioner Geile's comments that only 36 homes have been built on the site and the
development has never taken off, Ms. Johnson stated 57 lots have sold,and part of the reason for
the low number appears to be the uncertainty with respect to Phase 2 since 2000. She stated
development does occur,sometimes veryquickly;however,developments often site for many years
after approval before they are completed. She stated part of the delay was due to the uncertainty
with Phase 2,which was denied in 2000; however,the PUD was planned to be a slow developing
community to be phased in over a number of years,with the effects of the growth being mitigated
and controlled with each phase. She stated the County is protected if the development proceeds,
and the requirements of the County have been met.
(Chair Long called a recess.)
Upon reconvening,Kent Colburn,Marketing Director for Beebe Draw,stated lot sales to the public
began in 1999. He stated homes were contracted to builders for spec homes prior to marketing the
development to the general public, and the first public sale was completed in 2000. Mr. Colburn
stated that between January of 2000 and September of 2001, 47 units were sold. Since then 10
have been sold. He stated 33 was the target for 2001,and after September 11, 2001, the market
virtually dried up. Mr. Colburn stated the current market is for$300,000 to$400,000 homes,which
is obtainable with current lot prices, and there appears to be a good demand for lots. Responding
to Commissioner Geile,Mr.Colburn stated since its inception in 1989,three partnerships have been
involved in this project since 1989. He stated the original partner who began the development
declared bankruptcy,the interest was purchased by the group whose majority owner died in 2000,
and the third partnership purchased the propertyjust priorto September 11,2001. Mr.Colburn also
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stated the current partnership does have the financial integrity to complete this project.
Ms. Mika provided a copy of the Milton Reservoir lease,and stated the prescribed uses in the lease
are hunting, swimming, fishing, sailing, and boating. She also stated the minimum lot size in the
replat of Phase 1 is 1.52 acres, with an average lot size of 2.4 acres, for 188 lots. Ms. Mika also
provided a duplicate list of 14 amenities,the concept statement from the Change of Zone file,and
a statement concerning the replat of Phase 1, with copies of the petitions.
Responding to Commissioner Masden regarding the sand filtered septic system,Ms.Smith stated
the Department does not have much experience with the systems, since most soil in the County
is good, although, a few systems have been specifically designed as sand filtered systems. She
stated the sand filtered system is nearly identical to others in the first filing and other areas of the
County,but there is no record of monitoring to see what the performance standards are. Ms.Smith
stated the systems are State guidelines and are prescriptive based,instead of performance based.
Responding to Commissioner Jerke,Mr.Carpenter stated mineral owners are the Anadarko Land
Corporation and Aristocrat Angus. He further stated the applicant does not own any mineral rights,
and the surface use has been covered in the agreement with the oil and gas companies. He stated
any surface damage would require payments made to the District, since any new wells would be
on District land. Asking for public testimony,Chair Long requested that comments be limited to this
particular application, not to include the decision regarding the Change of Zone or other previous
decision of the Board of Commissioners.
David Pagett, Patina Oil and Gas, stated the applicant and oil and gas companies have worked
diligently to execute the agreement, locating all the lines and facilities. He stated the agreement is
comprehensive, it covers safety, health,and welfare of the citizens,and gives everyone a chance
to move forth with the development. Mr.Pagett stated Patina currently operates approximately 40
wells, and approximately 70 or 80 percent of the wells have been drilled, although there are
deepening opportunities for different horizons;however,the agreement does provide places for new
wells. He also stated there is a 150-foot setback from each individual well,a 200-foot setback from
each individual production facility, and a 75-foot setback from a flow line. Mr. Pagett stated the
assets are shown on Exhibit A to the agreement, which is the J. L. Walter plat dated July 10th,
showing all oil and gas assets, to be included on the Final Plat prior to recording.
Molly Sommerville,AttorneyforAnadarko E and P Company,LP,and Anadarko Land Corporation,
stated the two companies own all the minerals under Sections 5, 9, and 17. She stated the
Anadarko entities have submitted a letter dated October 31, 2002. Ms. Sommerville stated
Anadarko is not asking for denial or trying to hold up approval of this application for the hard rock
mineral interests;and with respect to the oil and gas interests,they have entered into an agreement,
and theywithdraw their objections to the application. She stated in testimony,Mr.Clinger indicated
the homeowners would each get a copy of the agreement; however, that is not called for in the
agreement, it only provides that REI is to give a copy of the agreement to builders, developers,
Homeowners'Associations, and homeowners whose lots are burdened by oil and gas facilities.
She stated Anadarko has 56 wells which are currently producing on the property, some of which
could be deepened, and there are provisions for four future drill site locations. Ms. Sommerville
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stated the oil companies are cognizant of safety issues, which led to setbacks and strict terms
about uses within those locations. She stated the building envelopes for septic systems were
created because of pipeline easements. She stated if the septic system is not a source of ignition
it could be placed outside of the envelope. Ms. Sommerville stated the Surface Use Agreement is
designed to take care of the conflict between surface development and use of the surface by the
mineral rights owners. Responding to Commissioner Masden, Ms. Sommerville stated the gas
gathering facilities are owned by multiple parties.
Chris Greneaux, representing Kerr-McGee, stated they currently operate 36 existing natural gas
wells located on this development, and they have numerous high pressure natural gas pipelines.
He stated the plat does not specifically indicate the easements for existing flowlines or pipelines;
however, the Surface Use Agreement does spell them out. Mr. Greneaux, responding to
Commissioner Masden,stated the gathering system consists of multiple 3 to 8 inch lines,with lines
running everywhere. He stated they tried to coordinate the lines with the potential for development,
and have defined a 20-foot easement from existing lines.
Steve Paranto, resident of Beebe Draw, stated he is not disgruntled,only informed. He stated the
developer's lack of information or failure to disclose all information is what has threatened most of
the residents at this development. He stated his wife tried to get public information;however,it took
six months and an attorney to get it. He stated he fears losing his investment or the value of his
home decreasing,which has already happened. Mr.Paranto stated the Homeowners'Association
met last December and voted on issues; however, many lies and misstatements were made. He
stated he had to get a copy of the Service Plan from State offices, and the Metropolitan District is
allowing taxation without hearing from the taxpayers. He stated the developer has gone to extremes
to keep the residents from voting,creating disenfranchised voters,and no one sitting on the Board
of Directors is elected. Mr.Paranto stated the Colorado Department of Local Affairs has notified the
District Attorney to investigate the District. He stated the homeowners were informed, in writing,
that it was one lot, one vote; however, later they found out only registered voters could vote. The
developer was saying that until it was 50 percent sold,they would control everything. Mr. Paranto
stated a 20-year old concept did not work, although they bought it back and tried again to bring it
forward. He stated there was an escrow amount which, in 2001 upon the death of one owner,the
remaining owner took the amount which had been placed in it. Mr.Paranto strongly urged the Board
not to approve Phase 2 until Phase 1 has been completed,and to look at the Service Plan and redo
it to make it more current. He stated the recreational vehicle parking area,does not exist. He stated
nothing would have occurred, and it took six months, an attorney, and $6,000 to get one resident
appointed to the District Board, and Homeowners' Association. Mr. Paranto expressed further
concern with the safety of the oil and gas concerns,and pointed out that meeting requirements does
not mean the project is safe or good for the residents. He also expressed concern regarding the
safety of the lake. He was told the developers owned the lake; however, research indicates it is
owned by Fryco,whose attorney wrote letters warning the developers to stop promoting it as a lake
or recreational facility. Mr. Paranto stated according to Regulation 38 of the Water Quality Control
Commission, Milton Reservoir is listed as an impaired water body. He presented Health
Department lab reports dated August,2002(Exhibit NN), indicating the presence of Guardia cyst.
In summary, Mr. Paranto stated he would like assurance that the infrastructure for Phase 2 is safe
and will be built,and said he has given enough reasons to delay at least for a Finance and Service
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Plan amendment to be completed prior to approval of Phase 2. Responding to Commissioner
Jerke, Mr. Paranto stated there is one homeowner on the District One Board,the function of which
is to set the mill levy and collect taxes. He stated the District Two Board has no local residents
serving,and in and of itself states it will never have a resident serving, since the homeowners are
transferred to District One after sale, to pay taxes and be controlled by District Two.
Jane Evans Cornelius,surrounding property owner,stated she lives east of this project. She stated
the developer has not acted in good faith, and submitted 21 pictures taken a few days ago and a
summary of her comments (Exhibits PP, and QQ). Ms. Cornelius stated there is a lot of mineral
activity on the property. Although previous testimony indicated there are currently 80 wells, she
stated there are 139 producing wells, having grown from 19 when this case was approved in the
1980's. She submitted a production report from the Oil and Gas Commission (Exhibit RR). Ms.
Cornelius discussed the amount of space required to maintain wells, and stated when they refrac
a well on her land,they fence over an acre of property,and the entire space is filled with frac tanks,
and there is a continuous line of trucks going in and out of the well site for 5 to 30 days. She stated
the operators stated they have no control over subcontractors,and they have been refracing wells
on her property every three years. Ms. Cornelius described an accident at a well on her property
indicating the danger involved in this occupation, and stated 150 feet is not enough setback for
safety and health of citizens. Ms. Cornelius also stated concerns about the noise level, increased
traffic, especially putting a large amount of rural-type traffic on agricultural roads,with 1,600 new
residents being added to the area,and approximately 4,000 additional vehicle trips per day. Ms.
Cornelius summarized the agricultural heritage,and stated this development is not compatible with
it, and named the particular surrounding properties owners which are not compatible.
Christine Alston,resident of Beebe Draw,stated the applicants are trying to work with surrounding
property owners and the subject has a lot to offer. She said it is not high density,and she would like
to see it approved.
Douglas Tabor, Pelican Lake Ranch resident,stated he has been on the lake and canoed on it with
no ill effects. He stated his wife takes a spotting scope to the lake to observe wildlife. Mr. Tabor
stated he paid $2,700 taxes last year for Weld County entities, including school and fire, but not
including Beebe Draw Farms. Mr. Tabor stated they patronize the Morning Star Egg Farm, the
Doubletree Restaurant, the Gilcrest hardware store, as well as other businesses in the area. He
stated in two and one-half years,he has never had a well blow out and he has never felt threatened
by oil and gas activity. Mr. Tabor stated an individual looking at property can see there are
numerous wells in the area and decide whether or not to live near the activity. He also stated a
resident has an obligation to educate himself to requirements for residential structures near wells.
Mr. Tabor also stated that promises made by developers for future amenities, cannot be counted
on until it is completed. He stated he enjoys sitting on his back deck and watching the sunset over
Longs Peak, as well as enjoying the cattle grazing in the area, and being himself for hours on dirt
roads.
Linda Black, resident of Pelican Lake, stated she lives close to the collection station, and she is
happy with the subdivision and is in support of this application. She stated the conflicts with
agriculture mentioned by Ms.Cornelius are more than a few miles from the subdivision. She stated
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she is there because of the quality of life. It is quiet, no manicured lawns or fenced areas. Ms.
Black stated it has been thoughtfully planned and the developer has been responsive. She stated
the homeowners have some responsibility to be active in this process. Ms. Black stated she is in
support of the project, and responding to Commissioner Geile, stated when she purchased her
house it was with the understanding Phase 2 would be built. She also stated that, as a taxpayer,
if people are allowed in those additional areas, it would spread tax base to them.
Donita Paranto, Beebe Draw homeowner, stated she was in favor of Phase 2; however, she now
has questions regarding the development. She stated the developer fees of$17,500 X 594 total lots,
means less than$10 million will be raised. According to the Service Plan,it will take over$25 million
to build the development,and that does not include interest. Ms. Paranto stated Mr. Cockrel said
there would have to be a vote of the residents to approve future debt obligations; however,over$21
million was approved and encumbered before there were ever any residents in the subdivision,so
there will not be a vote of the residents. She also stated according to the bond act,up to 50 percent
of the assessed valuation of the subdivision can be encumbered. Ms. Paranto stated$2 million is
current indebtedness,which has only had$20,000 paid on the principal. If Phase 2 is passed,the
indebtedness will be increased to complete roads and water for Phase 2 before Phase 1 is finished,
since there are larger lots which will sell better. Ms. Paranto stated the Consolidated Service
Agreement allows a mill levy without limit as to a rate or amount to secure the indebtedness. She
stated there are only 37 homes currently completed and urged the Board to approve completion of
the subdivision in a controlled manner,as each filing is sold and completed. Ms.Paranto stated for
each residence added, there will be four trips a day to school on Weld County Road 42. She also
stated that according to the Service Agreement, as soon as a property in each phase of the
development is sold, it is excluded from District 2, which holds all the power and makes all the
decisions; therefore, there will never be residents in District 2, consequently, residents will never
have a vote. Ms.Paranto stated there are approximately 45 lots with utilities in Phase 1 that are not
sold, plus 90 more that are not developed. She stated everything about the development is
questionable and it has all been misrepresented. Ms. Paranto raised questions about whether the
developer has paid development fees,whether the authorized debt can be unauthorized with a vote,
what the current marketing plan is, and whether the mill levy on the developed lots is the same as
the residents. She stated they are filing a lawsuit for misrepresentation,and they have also talked
to an attorney regarding the Metropolitan District attorney about the constitutionality of the way the
two districts were set up and the manner in which the residents have been disenfranchised. She
stated the Colorado Attorney General is investigating the developers to see whether fraud may have
been committed. Responding to Commissioner Jerke, Ms. Paranto stated,although the attorney
said the district had "debruced" earlier, it was done prior to any residents taking residence in
October of 1999,when the developers were the owners. Responding to Commissioner Geile, Ms.
Paranto stated that since the time she purchased her property, the value would be worth more if it
were in Denver or another subdivision.
John Cox,Pelican Lake Ranch resident,stated he has been a member of municipal commissioners
and various boards under other jurisdictions. He stated he purchased his property, which is 3.3
acres with a leach field,and moved from Indiana in 2001. He stated the large lots was one reason
they chose this property, and the timeline for growth,which was such that it would be practical to
add a number of amenities in the next two or three years. Mr. Cox stated they moved into their
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home in the Spring of 2003. Even with the postponement of amenities being completed, Mr. Cox
stated they have never been sorry they moved. He stated the spaces are vast, traffic is not an
issue,early infrastructure planning eliminated drainage and erosion problems,it fits well among its
other rural neighbors,and continued,steady growth in the subdivision will have a positive impact on
his property. Mr. Cox stated he supports the proposal and believes it will allow comfort for new
buyers.
Donna Harr,Pelican Lake Ranch resident,stated they purchased their property three and one-half
years ago assuming it would be ten years before the majority of the build out was completed, and
stated her assessed value increased$70,000 this year. She stated they believe their interests are
best served with the approval of Phase 2. She stated they have made a major investment in
business and personal relationships with neighbors and surrounding towns. Ms. Harr stated
approximately 70 percent of her business income comes from Weld County,and the development
contributes and participates with the surrounding communities through the involvement in the school
system, the local churches, and businesses.
Brian Madison,resident,stated he is on the Metropolitan District 1 Board,and is in favor of approval.
He stated there has been some frustration with how the property was marketed,and the developers
hold the ultimate responsibility for that because they have maintained the relationship with the
realtors. He stated the realtorthattold him untruths is no longer with the development. Mr.Madison
stated a tremendous amount of the frustration seen through testimony was a result of poor
communication on the part of the developers,and it could have been handled better;however,the
developers are in earnest,and would like to see the development succeed. He stated the motivation
for Phase 2 is to see the development succeed, it does not offer any immediate compensation for
the developers,although they have a significant amount of money invested. Mr.Madison stated he
has been a long-time resident of downtown Denver and suffered culture shock at moving to the
country. He stated most every evening,no noise is heard at his home,he does hear trains six miles
away,and the silence is the reason he lives there. Mr. Madison stated his income ends up in Weld
County because of this development,which demonstrates an economic gain to Weld County. He
stated the house has increased in value ten percent in the two and one-half years since he
purchased it. Mr. Madison stated he purchased with the understanding this was a planned
community,and that has not been misrepresented. He stated the project will proceed if allowed to
do so,with a minimum amount of negative impact and substantial positive impact. Responding to
Commissioner Vaad regarding financial or economic risk,Mr.Madison stated this is a diverse group
of people; however, the impact he sees is that people living there benefit from country living, but
there are many amenities included such as is offered in a municipality, such as paved roads,
Central Weld Water. He stated his expectation was that it would build out and as the development
grows out it has an attraction to other people. He stated his economic exposure is that his tax
money is servicing the indebtedness of a development with indebtedness,which would decrease
if a larger number of people were included in the property tax base, especially since the
indebtedness would be for services a larger number of people could benefit from. Responding to
Commissioner Jerke, Mr. Madison stated his appointment to the District 1 Metropolitan District is
very recent; therefore, he is not able to discuss the function, structure and responsibilities of the
district. He stated he was nominated by residents, and appointed by the other board members.
Responding further to Commissioner Jerke, Mr. Madison stated he has no financial or business
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interest in REI, and he will not represent the developers interest in any way.
Steve Cooper, resident, stated he is optimistic this will become an asset. Mr. Cooper read a
statement from his wife,stating that,although there have been some growing pains,they will pass
when Phase 2 is approved and allows the developer to continue with plans for the entire community.
Mr.Cooper stated the negative comments are not reflective of most residents,and this development
is an asset to Weld County with its panoramic views, and wildlife.
Carl Jepson, II,resident,stated,because his property is ata lower elevation,he is more concerned
about the septic tanks and possible water problems;although he feels the septic tank idea is more
flawed than a centralized sanitary system that would be more predictable and controllable. He
stated he was surprised to learn Milton Reservoir is 50 to 75 percent sewage effluent. Mr.Jepson
stated with growth occurring in the Meto area and the activity increasing,the maximum daily loads
into Milton are increasing. He stated he is concerned about the lake being used for recreation
because of health issues, and expressed concern about a future Lochbuie mechanical sewage
plant being dumped down the river to end up in Milton. He expressed surprise that it took 20 years
to put in 37 houses, and stated the concerns of residents regarding oil well traffic have not been
addressed. Mr. Jepson encouraged the Board to listen to the people who have spoken today.
Karen Vaught,resident,stated she is surprised some homeowners have changed their minds. She
stated that in Phase 1, 90 lots have infrastructure, 98 lots do not. She stated many things were
misrepresented to her, and she does not believe Phase 2 should be allowed to go forward until at
least the infrastructure is completed for Phase 1. Ms. Vaught stated the covenants require the
minimum house size to be 1,900 square feet, versus the 1,400 required for Phase 1. She stated
the applicants said they have controlled covenants; however, a picture in The Greeley Tribune
shows debris around an unfinished house and trash heaps, indicating control of the covenants is
not good. Ms.Vaught stated concern about how much she would owe if the developer walked away
from the project. She stated the development fee goes to the developer,and$11,000 goes to pay
for the water tap. The cost of the roads and infrastructure for Phase 2, and current indebtedness
of at least$2 million, are areas of concern to her. She stated the oil companies do not use paved
roads to service wells; instead, they speed across one lot she owns. She stated concerns about
the safety of children when being dropped off from buses,erosion and ruts,valuation on property,
and servcies not being what they are supposed to be. She stated they have not yet seen the
walking path, and they were excluded from District 2,with a paper they were told to sign that was
missed during closing. She said the developers have misrepresented claims made about the
development and she is opposed to Phase 2.
Sandy Adkins, resident,stated she is the elected representative on the Homeowners'Association.
She said she is in support of Phase 2,and stated when she purchased her property,it was with the
understanding that the filing and community would be built out. Ms.Adkins stated there is a current
resident who works with the Department of Reclamation and is coaching many of the residents in
landscaping with drought-tolerant grass and trees and availability of seeds at local companies. She
stated the homeowners are making an effort to ensure erosion is kept under control and,although
she would like to see more amenities, she is willing to wait for them.
2003-1421
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PAGE 19
(Chair Long called a short recess.)
Glen Adkins, resident, stated there is only one family objecting to Phase 2, and the majority have
been generally happy,with a few issues that are being solved. Mr.Adkins stated it would be unfair
to deny Phase 2,because it would put a heavier tax burden back on those already there. He stated
he recently had his house reappraised for a low interest loan, and the appraisal indicated an
increase in value of$40,000 in the last year and a half.
John Jepsen, resident, questioned whether the County will be maintaining the internal roads and
what the cost of that maintenance will be. He also stated concerns about infestations of mosquitos
and grasshoppers, traffic, and erosion.
Roy Wardell, surrounding property owner, stated his property borders Pelican Lake property for
approximately 3.5 miles, covering nearly the entire west and south sides. He stated he is not in
support of Phase 2 until Phase 1 is fully developed. He stated 180 houses is a big development out
in the middle of nowhere,and he feels the residents have been victims of bad decision making and
misrepresentation from the beginning. Mr. Wardell stated the developers misled the Board of
CountyCommissioners 20 years ago,stating they would pave Weld County Road 39 upon approval
of Phase 1; however, the County finally paved it. He stated the developers have good intentions;
however, they have a history of bad faith decisions which have undermined the project from the
beginning, therefore, they will continue to have problems. Mr. Wardell stated it is better for the
developers not to incur further debt for Phase 2 until Phase 1 is completed.
Chair Long closed public testimony.
Paul Cockrel, rebutted the testimony received,stating there were basically two issues raised over
and over, the amount of district debt and the financing plan. He clarified that in 1998, the District
issued general obligation bonds in the amount of $2 million, amortized over 20 years like an
individual mortgage, in which the interest is paid first and the principal is paid last. He stated the
debt service is repaid at slightly over$200,000 each year. Mr. Cockrel stated that under the old
Service Plan,the District could have issued unlimited dollars,although the revised plan would limit
the District to only another$2.6 million unlimited rate bonds. He stated any additional debt issued
by the District would have a mill levy cap of 50 mills. Mr. Cockrel stated the context of this hearing
is not the District Service Plan, although it is drafted to implement the infrastructure needs for the
development. As those needs change, and as approvals are granted and County requirements
change,the Service Plan has to change to correspond to that. He stated the District will revisit the
Financing Plan as soon as it knows the result of this hearing. If it results in changes to the Service
Plan, it will also be amended. Mr. Cockrel stated the Board of Commissioenrs does need to
approve any of those changes; however, it would be premature to make those amendments prior
to a determination on the land use. He stated the District's development fee is currently$17,500,
which is intended to pay for roadways, drainage, and water distribution systems within the
development. In addition to that, Mr.Cockrel stated the Central Weld Water District has a tap fee,
a portion of which is rebated to the District in the amount of$10,500. The rebate amount is intended
to pay for the purchase price of the water supply,the CBT units that are required by the District,then
transferred and dedicated to Central Weld Water District to provide water supply to the individual
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user. The multiple sources of revenue just mentioned are intended to pay for the primary costs of
development. The additional amounts come from the District's mill levy, which has been and is
currently 40 mills. The mill levy is used to pay off the existing debt and, to the extent there is any
surplus,that can be used for other purposes,including capital purposes of the District. Mr.Cockrel
stated the structure, operation and administration of the District are all in compliance with the law
and the Service Plan,and the District has never received notice from any State agency that it is not
in compliance. It operates in compliance with statutory requirements, exactly the way the
Consolidated Service Plan anticipated. Responding to Commissioner Vaad, Mr. Cockrel clarified
the Service Plan allowed the District to issue another$2.6 million in addition to the$2 million bond,
however, it has not done so. Responding to Commissioner Geile regarding how much of the
District debt would be assessed against homeowners in the case of failure to repay, Mr. Cockrel
stated the $2 million issued debt of the District does not have a mill levy limit on it at all. He stated
the District is required to increase its mill levy as necessary to pay debt service,and the$13 million
in assessed valuation more than supports that level of debt service. If the district lost all valuation,
the mill levy would have to go up; however,there are State law limitations on how much that could
increase. Mr. Cockrel agreed the State limitation of 100 mills would apply for the Beebe Draw
Metropolitan District,if it were allowed to take bankruptcy protection;however,that is not anticipated
since there is ample assessed valuation to support the debt service.
Responding further to Commissioner Geile,Mr.Cockrel stated District 1 is the entire development;
however, the undeveloped portion is in District 2, then as District 2 builds out, the property is
excluded and is transferred to District 1. Therefore,by the end of all development, District 2 will be
out of business. This structure allows phased construction and financing to meet the District
Service Plan and is a common technique used throughout Colorado. Mr. Morrison stated he is not
aware of any other within Weld County; however, there are some in Windsor and other
municipalities;and a Westlaw check did not indicate any problem with this type of dual district with
no case law available addressing the issue. Responding to further questions, Mr. Cockrel stated
the current assessment of 15 mills, produces$200,000 per year for debt service,and the other 25
mills is accumulated to pay for infrastructure and capital costs. He stated it was always anticipated
that a 40 mill levy would be the operational amount; however, if the District determines the
infrastructure cannot be paid for by the District,the developer would have to pay for it according to
his subdivision requirements. Mr. Cockrel reiterated the District will not put itself into a position of
being financially unsound. Mr.Cockrel stated developer districts are restricted by State law to incur
no more than 50 percent of its total valuation of the district unless it qualifies for an exception,
generally meaning the developer has to secure the bonds with a Letter of Credit or other
mechanism. In this case, in order for the District to issue debt, it would have to comply with the 50
percent debt to assessed valuation ratio. Mr. Cockrel further stated the District could not issue
more than $6 million currently. He stated the developers financial responsibility currently is the
Development Agreement under which the developer agrees to pay developer fees on properties as
the phases are opened to cover that portion of infrastructure costs. He stated in 2001 the District
collected approximately$500,000 in developer fees, and the developer now holds those fees for
future lots. He further stated the District will continue that process into subsequent phases of the
development. Responding further to Commissioner Geile, Mr. Cockrel stated that if no further
development occurred,and if the assessed valuation of the District did not decline,there would be
no jeopardy to the repayment of the District bonds, and it would not exceed 15 mills. Mr. Cockrel
2003-1421
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PAGE 21
further stated the District has a uniform tax levy,so it is applied to developer controlled lots as well
as residential or improved lots.
Responding to CommissionerJerke,Mr.Cockrel stated the District does receive tax revenue from
the oil and gas development,since it is a portion of the assessed valuation,therefore, it helps pay
for roads and other improvements within the Districts. Responding to Commissioner Vaad, Mr.
Cockrel stated the District Board of Directors would have the authority to convert the 40 mills to debt
service. District 1 issued its bonds,and is obligated by law and contract to continue to payoff those
bonds, therefore, it has continuing authority for, and responsibility over, those bonds. District 2
cannot preempt that authority. Responding to Chair Long,Mr.Cockrel reiterated the development
fee is $17,500 and the water fee of$10,500 is additional to that amount.
Mr. Clinger stated he would rebut comments as they were raised previously by individuals, and
explained the development had begun to take off and then the September 11, 2001 disaster,
happened,which really impacted this project with the downturn in property sales. He stated Phases
1 and 2 will be completed in 15 years;setbacks are in conformance with Weld County regulations;
and oil and gas companies are in full agreement with the applicants. He stated use areas forfracing
or refracing a well are over and above the setbacks, and over 325 acres are set aside for that
purpose. Mr. Clinger stated the current developer,who has taken over in the last year and a half,
has posted no swimming signs; however, in regard to the water quality, it is used to irrigate crops
throughout the area, and people handle the water on a daily basis. He stated the land was zoned
by the Weld County Board of Commissioners in 1983, and this is no longer an Agriculture Zone
District,it is a Planned Unit Development. Mr.Clinger stated the minimum lot size in Phase 2 is 2.5
to 3 acres, and the school can be built using an on-site custom designed septic system. In
summary, Mr. Clinger stated the developer is required by Weld County regulations to diligently
pursue the approval of this project, and, because it was originally approved for 800 lots, the
developer must diligently pursue platting of the lots. He stated in 2001, the Board approved a
Substantial Change application for 419lots,and the plan for 406 lots was approved by the Planning
Commission in November, 2002. He stated that since that time, the applicants have worked with
the oil and gas companies to address their concerns and are now in full agreement. Mr. Clinger
stated the developer has acted in good faith to address all concerns and has spent hundreds of
thousands of dollars to get to this point. He stated that,although there were problems with Phase 1,
things are changing statewide,and the best long term growth and values are invested in master plan
communities. Mr. Clinger reiterated that the developers have promised one amenity to be
completed with each of the 14 phases,and overwhelming testimony supports Phase 2. He stated
he has known this development team for over 15 years, and it is a professional, well funded, well
recognized team of developers with other projects throughout the area. He stated that since they
have taken over, they have been working with the homeowners and have testimony to indicate
support.
Responding to Commissioner Geile, Mr.Clinger stated the monitoring wells are designed to test for
any nitrate or contamination levels and if any are found,the property owner must locate the source,
open those fields,and redo the sand filters. Mr. Clinger stated the open space is not irrigated, it is
natural, except for a few areas that will be irrigated with Central Weld Water; however, the
landscaping plan is a zeroscaped plan to reduce water consumption. Responding to Commissioner
2003-1421
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Jerke,Mr.Clinger stated REI is a team of developers in Denver,Mike Mesina,a long-term developer,
Mr. Sheldon, and Ms. Heathcock.
Ms. Smith responded to testimony regarding septic systems with ignition sources being located in
the building envelopes, stating it is dependent upon design,and some systems will be dosed and
some siphoned;therefore,those being mechanically dosed would be an ignition source and would
have to remain within an envelope. She also discussed the water sample that was submitted,and
gave several interpretations of the data. Ms. Smith stated that since the reservoir is fed by
agricultural waters, it would be similar to a farmers retention pond,and would be expected to have
contaminants; however, it is private and available only to homeowners and guests. Mr. Morrison
stated there are other water quality standards,separate for the purpose of bathing. Ms.Smith also
stated a septic system could be put in for the school;however,it would require a state process,with
a 208 review. Responding to Commissioner Geile, Ms. Smith stated that any home already
improved is not subject to this type of septic system;however,property that is sold but not improved
would be subject to it. Mr. Morrison clarified that most of those already built are engineered
systems.
Ms. Mika clarified the most recent referral from the school district states there is an agreement
completed, and reviewed staffs recommended changes to the draft resolution (Exhibit UU),
reviewing each one individually, including the addition of Development Standard#23,which was
read by Ms. Smith. Responding to Commissioner Masden, Ms. Mika stated the number of
amendments and modifications to the plat are because the application fell short of County
standards. Commissioner Geile,referencing a letter from the Beebe Draw Gun Club,stated there
is no suggestion this project would affect its situation, and suggested communication to occur
between the applicant and the gun club.
Chair Long verified the applicant is in agreement with the Conditions of Approval and Development
Standards, as well as the amendments presented by staff.
Commissioner Jerke stated some of the items he will discuss are a bit symbolic and go to the
history of the area, and the future of the area; however, there are problems he sees with the
proposal at this time. The first symbolic item is that on all of the new plats,Milton Reservoir is listed
as Pelican Lake. Commissioner Jerke stated he has no problems with people calling their
subdivision whatever they want to;however,it just seems strange to take someone else's reservoir
and change the name on the plat. He stated he has not seen that done before and he does not
appreciate it, since someone else owns the lake. Commissioner Jerke also objected to the
statement that 33 owners signed petitions in support of this proposal. He stated there are 33
owners; however, when you count the numbers, they add up to 17 addresses and that suggests
something different than what was being conveyed. Commissioner Jerke stated the school district
was asleep on the switch, and they came in late and suggested the school site was not relevant
because they did not want that type of a sewer system; and this is one issue that needs to be
worked out,as well as overloading LaSalle-Gilcrest-Platteville elementary schools with potentially
400 additional homes. Another point of issue which is extremely relevant is the effect this proposal
would have on Weld County Road 42,which people will take to Gilcrest,and it will need to be paved
if hundreds of new homes are added;therefore,it needs to be part of an organized traffic plan with
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PAGE 23
the appropriate Road Improvement Agreements. Commissioner Jerke further stated as far as
taxation without representation on the Metropolitan District Board and Homeowner's Association,
he does not know the legalities of how to do that; however, it makes sense for more people to be
involved who are actually property owners and residents, to give more people ownership in the
government of the subdivision. CommissionerJerke stated the agreements with the oil companies
are good,although one is still up in the air;however,there is a tremendous problem with soils in the
area and it will not be easy to get the disturbed soils re-established without more water, and he
would be happier seeing a phased program with approximately 40 applications every other year,or
10 applications a year,instead of one application for 400. He stated he keeps running into the fact
that there are roughly 38 homes built and approximately 150 homesites still available in Phase I;
therefore, the solution to the dilemma would be to get more lots sold and homes built,since every
home built provides revenue to the Metropolitan District,which could then be used to provide more
amenities. To build trust for the people who live there currently, Commissioner Jerke stated, as
many dollars as possible need to be generated towards building amenities and making sure things
are being done properly. He feels it is also critical to figure out a way to have better representation
on those boards. Therefore, he will not support the application.
Commissioner Vaad stated he has been working very hard on listening and understanding the
proposal, and he has given a great deal of thought to the good faith gesture on the part of Weld
County Commissioners, and he can back that up, since he made a motion to pass this on
September 13,2000, because he thought it met those requirements. That motion failed,and that
is why there was a Substantial Change Hearing that passed and put everyone back on track.
Therefore,it is important to him;however,the allegations of unfulfilled commitments are troubling
to him. Commissioner Vaad stated he cannot support approval of a proposal that might have the
impact of exacerbating those problems for the homeowners and the developers from this point. He
stated it appears to be a matter of timing, and if the project were done in smaller phases, there
would be those benefits,and finishing out a large number of homes in the first phase before taking
on considerably more obligations would appear to be of benefit. Commissioner Vaad also stated
the implications of the oil and gas production and the difficulties that they might produce are
significantly greater now than when the initial Change of Zone was approved. As encouraged to do
by counsel,in referring back to the specific requirements the applicant has not met in the application
instead of saying there are unfulfilled commitments, he looks at the Major Components of the
Development Guides,of which there are eight,environmental impacts,service provision impacts,
landscaping elements,site design,common open space usage,and proposed signage,which are
all things the applicant feels they have addressed. However,whether they have addressed those
issues is muddied by the allegations of non-completion,therefore,before exposing the developer
and homeowners to further known or unknown obligations,either it needs to come back in a smaller
phased plan or these allegations need to be cleared up. Mr. Morrison reminded the Board that this
Change of Zone was done under the old PUD Regulations and, although there is overlap, the
proposed resolution and materials provided may need to be consulted because it is under Section
28-14,using the older PUD Regulations. Commissioner Vaad stated his decision is due to doubts
the Development Standards can be adequately fulfilled, not on the specific PUD regulations.
Commissioner Masden stated his appreciation to all the people who attended and gave testimony,
since it is of great concern to all of them. He stated the Board is in charge of the health,safety and
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PAGE 24
welfare of the citizens of Weld County, as well as protection of investments and properties. In
looking at the proposal, a Master Plan is great; however, he feels it needs to be phased in.
Commissioner Masden stated with only 37 houses built in Phase 1,it is disturbing to proceed with
Phase 2, especially with the way the Metropolitan District was setup with basically no cap on the
Mill Levy, and not enough residents sitting on the board is too much like taxation without
representation. He stated he is also bothered by Pelican Lake just popping upon the plat,and he
does not appreciate that. Commissioner Masden stated that the fragile ground really needs to be
given consideration, since a few horses can destroy the eco system quickly; therefore he will not
support the proposal.
Commissioner Geile stated, even though we are dealing with Section 28 of the old Zoning
Ordinance, he keeps going back to Section 28, of the current section, and one thing remains
consistent. That is the health,safety and welfare of the citizens of Weld County. In 1989 and in the
1980's there was not near the amount of drilling and oil and gas activity on the property and, even
though the applicant has done a tremendous job of bringing together the oil companies to come up
with an agreement, he is very concerned about the level of activity and facilities located in this area.
Commissioner Geile noted that areas of concern for the Board in 2000 have been dealt with,since
there has been resolution of the water issues with Central Weld Water District, the septic system
has been resolved, even though he has concern about a project this size not being on some type
of public system; however,what it comes down to is how we will look to the future at this site,since
through the years there will be changes in the Metropolitan District,the Homeowners'Association,
and philosophy. Commissioner Geile further stated this is an environmentally sensitive area,and
there are health issues remaining with too many nitrates in the soil and some type of public system
needs to be addressed. He also feels traffic will evolve as time goes on,and it will have to be dealt
with down the road,and the the Metropolitan District may need to reorganize the financial structure,
to be able to enhance the present value,as well as provide value for the future. Therefore,he feels
Phase 1 should be closer to completion to demonstrate more progress in Phase 1 before moving
on to the next Phase, therefore, he will not support the proposal as it has been presented.
Chair Long stated this Board takes public input very seriously,as well as the truth as he is able to
see it through the required parameters and the testimony given. He stated he concurs with his
colleagues in all the comments that have been made, and development will happen in the area
because of the zoning; although he does not believe it is for the benefit of the health, safety and
welfare of the citizens of Weld County. Chair Long stated he is concerned with the oil and gas
activity, with setbacks and the sheer numbers, and finds himself in agreement with the solutions
proposed by the other Board members. He also stated he lives in a similar area in New Raymer,
and he realizes how fragile the area is. He stated he appreciates the solutions presented by the
applicant; however, the total scope is problematic for the land and the people to coexist in that
fashion. Therefore, he is not in support of the proposal.
Responding to Commissioner Vaad, Mr. Morrison stated there have been occasions when the
applications have been withdrawn by the applicant; however, it would require the Planning
Commission to hear it again. He stated the Substantial Change process has been changed to allow
it to be combined with the application after one year, but at the very least it would have to go back
through the hearing process, including the Planning Commission. Commissioner Jerke stated it
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PAGE 25
is clear to the applicant through comments made today,that it would take substantial change,and
it has been outlined that they can come in with a substantial change a year later. Responding to
Commissioner Geile, Mr. Morrison stated the Board can continue the matter without expressing
reasons; however,the bigger complication is the action to be taken then. If a change needs to be
done in the application,the direction theywould then take is unclear. Mr.Morrison stated in the past
cases have been remanded back to the Planning Commission, or the matter was continued for
setting and determination of action; however, if inclined to do that, he would suggest not setting it
for hearing, but to determine which direction it will take. Commissioner Jerke noted the
amendments that Ms. Mika offered would be multiplied times ten if that occurs,and moved to deny
the request of REI, LLC for a Site Specific Development Plan and Use by Special Review Permit
PF#1021 for Planned Unit Development Final Plan for the second filing of Beebe Draw Farms for
406 Lots in the A(Agricultural)Zone District. The motion was seconded by Commissioner Masden,
and it carried unanimously. There being no further discussion, the hearing was completed at
8:20 p.m.
This Certification was approved on the 6th day of August 2003.
APPROVED:
BO D OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Ads
vid . Lo , air
to the Board
.v
1861 Robert D. den, Pro- em
r o the Board
M. J. eile
TAPE 3 , 32, & 33 7��A
William Jerke
DOCKET #2003-29a t-q v�
Glenn Vaad
2003-1421
PL0003
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF AUGUST, 2003:
DOCKET#2003-53 - USR#1423 for a Dog Kennel - Heather Weir
DOCKET#2003-29 - PUD Final Plan, PF#1021, 2nd Filing, Beebe Draw - REI, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF AUGUST, 2003:
DOCKET#2003-53 - USR#1423 for a Dog Kennel - Heather Weir
DOCKET#2003-29 - PUD Final Plan, PF#1021, 2nd Filing, Beebe Draw - REI, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF AUGUST, 2003:
DOCKET#2003-53 - USR#1423 for a Dog Kennel - Heather Weir
DOCKET#2003-29 - PUD Final Plan, PF #1021, 2nd Filing, Beebe Draw - REI, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe D 123 Nowhere Street, City, State, Zip
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EXHIBIT INVENTORY CONTROL SHEET
Case PF #1021 - REI, LLC/BEEBE DRAW FARMS
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/19/2002)
D. Clerk to the Board Notice of Hearing
E. Carl Mackey Letter of Opposition (11/20/2002)
F. Gorsuch Kirgis, LLC Letter re: Kerr-McGee Objections and
Request for Continuance (11/19/2002)
G. Weld County Sheriffs Office Amended Referral Response (12/02/2002)
H. Christine Hethcock Response from the Applicant (03/11/2003)
Planning Staff Memorandum re: Proposed Re-vegetation
Plan (03/13/2003)
J. Applicant Trail System Waste Handling Plan
K. Sheriff's Office Memorandum re: Revised
recommendations received 03/28/2003
L. J. L. Walter Consulting Letter re: Revisions to Sewer Management
Program received 03/28/2003
M. Gary Doering E-mail of Opposition (05/02/2003)
N. Jane Evans Cornelius Letter of Opposition (05/12/2003)
O. Planning Staff Request for Continuance
P. Planning Staff Evidence of sign posting
Q. Clerk to the Board Notice of Continued Hearing
R. Whit Sibley E-mail re: June 25, 2003 publication
received 7/21/03
S. Health Department Staff Response from Dave Shupe re: concerns
(with attachments) (7/20/03)
T. Planning Staff Permits Issued 1999 to 2003 (7/23/03)
U. Planning Staff Letter re: Potable Water Service (6/25/03)
V. Planning Staff Letter of Concern - Patina Oil & Gas
(7/28/03)
W. Planning Staff Letter of support, LaSalle Fire Protection
District (7/28/03)
X. Planning Staff Maps - Layout - (Filed under maps)
Y. Health Department Staff Memo re: Required setbacks (8/5/03)
Z. Planning Staff Surface Use Agreement, Charles Carpenter
(8/5/03)
AA. Planning Staff Letter of opposition, Karen Vaught (8/5/03)
BB. Planning Staff Sign Posting Certificates (8/5/03)
CC. Planning Staff Building Envelopes (8/5/03)
DD. Planning Staff New Additions to staff comments
EE. Planning Staff Concept from COZ#412
FF. Planning Staff (From J.L. Walter) Oil and Gas Maps (transmitted 8/4/03)
(LARGE MAP LOCATED AT BACK OF
FILE - FFa)
GG. Staff Markup PUD Master Plan (LARGE MAP LOCATED
AT BACK OF FILE)
HH. Applicant Clinger Presentation
II. Clinger (for applicant) Homeowner Letters of Support (33)
JJ. Clinger (for applicant) Businessmen letters of support
KK. Shupe (for applicant) Summary (LARGE MAP LOCATED AT
BACK OF FILE - KKa)
LL. Planning Staff Letter, Christine Hethcock,( March 11,2003)
MM. Staff Statement from Replat
NN. Steve Paranto Lab Report
OO. Staff Grazing and Recreation Lease
PP. Jane Cornelius Photos (21 sheets)
QQ. Jane Cornelius Letter dated November 12, 2002
RR. Jane Cornelius Well Records
SS. John Cox Letter dated 8/6/03
TT. Planning Staff Updated Plats (Set of 12) (LARGE MAPS
LOCATED AT BACK OF FILE)
UU. Planning Staff Recommended changes to draft reso
VV. Clinger (for applicant) Surface Use Agreement, dated 7/30/03.
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XX.
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