HomeMy WebLinkAbout20030826.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Moray, along with several amendments and additions, that the following resolution be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: PF-1021
PLANNER: Monica Daniels-Mika
APPLICANT: REI, LLC, Go Christine Hethcock
LEGAL DESCRIPTION: Sections 4,5,8,9,10 & 17, T3N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: PUD Final Plat for the 2nd Filing of Beebe Draw Farms for 406 lots.
LOCATION: South of and adjacent to WCR 32; east of and adjacent to WCR 39; and
north of and adjacent to WCR 38. For a more precise location, see legal.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE
FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 28.9 of the
Weld County Zoning Ordinance.
2. The request is in conformance with Section 28.13 of the Weld County Zoning Ordinance,as follows:
a. The proposed Planned Unit Development Final Plan is consistent with the Weld County
Comprehensive Plan and is compatible with the future development as permitted by existing
PUD Districts and plans of affected municipalities. The property under question received
a Change of Zone approval on December 21, 1983 (Case Z-412)(Amended Case Z-412,
1989). The Change of Zone applications were for PUD residential lots and equestrian
recreational activities. More specifically,defined in Exhibits 5 and 17 of the Change of Zone
application (Z-412) as:
1. Equestrian Center with indoor arena and riding school,office and equestrian club,
building outdoor arena, s tables and outside p addocks, dressage and stadium
jumping arenas, cross county course, speciality training areas, and hay and
equipment storage buildings; and
2. Water and other recreation facilities,floating docks for small boats,boat launching
ramps, property owners clubhouse with swimming pool and tennis court.
b. The Planned Unit Development Plan (PUD)conforms to the approved PUD District. The
approved PUD plan called for residential and recreational activities to be located on this
site. The applicant has provided for the uses listed above and as defined in the Change of
Zone applications.
c. The uses, buildings, and structures shall be compatible with the existing and future
development of the surrounding area as permitted by the existing zoning,and with the future
development projected by the Comprehensive Plan, or Master Plan of affected
municipalities.
The property is not located within a municipality's urban growth boundary nor is it affected
j. EXHIBIT
2003-0826
PF #/oz/
Resolution PF-1021
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Page 2
by a municipal comprehensive plan. The Weld County Zoning Ordinance recognizes the
right to proceed with a Final Plat as long as the plat has been diligently pursued from the
date of original zoning approval.As such,the applicant has shown diligence in pursuit of this
final plat with the exception of the lands located in Section 16,T3N, R65W,which has been
eliminated from the Final Platting.
d. The proposed Planned Unit Development(PUD)Final Plat conforms with the performance
standards in Section 35.3 of the Weld County Zoning Ordinance. The amenities on the site
will be provided and funded by the Beebe Draw Farms Metropolitan District. A timing of the
Amenities Plan shall be included as a note of the final plat. The service plan has been
approved by the Board of County Commissioner's and has been filed with the Weld County
District Court.
e. The proposed Planned Unit Development Final Plat will be in compliance with the Weld
County Zoning Ordinance, Section 50, p ertaining t o overlay districts. T he site i s not
influenced by an overlay district,nor does the site lie within an urban growth boundary area.
This recommendation is based, in part,upon review of the application materials submitted by the applicant,
or other relevant information regarding this request, and responses from referral entities.
The Planning Commissions recommendation for approval is conditional upon the following:
1. Prior to Scheduling but not to exceed ninety days a comprehensive surface agreement including
flowlines, pipelines and all applicable oil and agas uses including future and existing well site
locations, locations for associated oil and gas productions, equipments, pipeline easements and
defined access roads shall be identified and located on the plat for review by the Board of County
Commissioners.
2. Prior to recording the Plat:
A. The applicant shall identify the location of the school site and fire district parcels as lots
within the subdivision,and after final approval reconvey these properties to the appropriate
entities with the new legal description.
B. The applicant shall be required to submit a waste handling plan for each Filing for the
management of the equestrian trail, given that it was noted that the trails are on lands that
are comprised of a fragile highly erodible landscape. Further, the applicant shall provide
additional information regarding maintenance and management of the amenity.
C. Prior to recording the Final Plat, for the 2n° Filing, the applicant shall provide evidence of
a completion schedule of all recreational,cultural and environmental elements associated
with this subdivision. All amenities located in Out lot A, including the marina, boat deck,
riding stables,tennis courts,and other uses listed in the Change of Zone,shall apply for and
receive approval through the Site Plan Review process prior to release of building permits.
D. The phasing schedule as identified by the applicant, shall be delineated on the plat. Prior
to release of building permits, a plat shall be recorded for each filing to identify the block
and lot of each phase corresponding the Phase 2 Final Plat. At the time of plat recording
the applicant shall provide evidence stipulating that water taps have been secured for each
filing.
E. The applicant shall be required to provide written evidence of a mitigation plan identifying
how the proposed open space and riding trails will be incorporated into the Pelican Lake
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PUD,and further demonstrate that all efforts to promote,retain and develop these important
wildlife corridors has been addressed and will be effectively managed.
F. The Right to Farm Covenant shall be placed on the plat.
G. Prior to recording the plat, Section 16,T3N, R65W included in Case AmZ-412,shall either
be vacated by the Board of County Commissioners or an application to down zone to
agricultural shall be received by the Weld County Planning Department. No development
associated with Beebe Draw or the District shall occur in Section 15. The peninsula in
Section 15 will be a designated wildlife refuge with appropriate sign age and limited access.
H. All open space tract shall be indexed and listed as such.
All ponds shall be indexed and listed with total area dedicated to ponds.
J. The site shown as the mailbox shall be identified as a lot(page 6 of 72 form, Tract G).
K. The black lines do not delineate the location of the internal trails associated with this Filing.
All trails,paths and parking areas for equestrian and pedestrian uses shall be delineated on
the appropriate plats and show connecting between all phases and filings.
L. The applicant shall be required to provide written and graphic evidence that the proposed
mail box location and bus shelter plan meets the design standards and delivery
requirements for the mail box facility and the proposed school drop off/pick up location shall
be approved by the School District. Evidence shall be submitted to the Department of
Planning Services. Further, evidence shall be provided that the facility meets the intent of
the Americans with Disabilities Act(ADA)for access.
M. The applicant shall provide evidence of an agreement with the properties mineral owners
stipulating that the oil and gas activities have been adequately incorporated into the design
of the site to include future and existing well site locations, locations for associated oil and
gas production equipment,pipeline easements and appropriately defined access roadways
and identify these on the plat.
N. The applicant shall be required to submit a re-vegetation plan of all disturbed areas
disturbed areas during construction. The plan shall include information regarding plant type,
installation methods and maintenance.
Q. The applicant shall delineate on the landscaping plan, where the pop-up heads will be
utilized and where the soaker hoses will be utilized in all landscape areas.
P. The applicant shall be required to provide written and graphic evidence that the proposed
"Call Box"adjacent to the inside edge of a rotary travel circle meets the requirements of all
emergency responders associated with this development.
Q. The applicant shall be required to provide written and graphic evidence that the location of
residential lots located in Filing 2, Phase 1, immediately adjacent to the one hundred foot
environmental buffer, and west of the Milton Reservoir are able of meeting setbacks for
structure and septic systems location, including primary and secondary envelopes.
R. The applicant shall be required to provide written and graphic evidence showing the location
of all signs, including signs associated with the proposed amenities.
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S. The applicant shall delineate a Landscape legend and provide additional information
regarding the proposed plant material species. Specific guidelines are referred to in a
Department of Planning Services memo dated September 23, 2002.
T. The supporting application documents address the issue of the dryland seed mix to be
utilized within this development. The appropriate seed mix shall be identified by
manufacturer,percent of seed mix by species and rate of application. Further,the applicant
shall state whether the seed shall be drilled or broadcast at installation. The applicant shall
also delineate the location of the proposed turf grasses location.
U. The applicant shall submit refined Landscape Plans identifying the location of the
material(s), the location of all sodded areas and seeded areas, including refined building
plans that accurately delineate the adherence to the ADA requirements.
V. Language for the preservation and/or protection of the second absorption field envelope
shall be recorded on the plat and in the Beebe Draw Farms Metropolitan District
Maintenance Agreement document regarding the continuing maintenance for septic systems
serving the residential and public facilities within the District. The plat and 'Metropolitan
District Maintenance Agreement' documents shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in the
absorption field site.
W. All monitoring wells shall be delineated on the plat.
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X. The applicant shall submit an itemized on site and off site Improvements Agreement for all
roadway improvements associated with the Second Filing,all Phases. This agreement shall
address improvements to WCR 32(turn lanes at the intersection with development access
road. This agreement shall also include an improvements element to upgrade and pave
WCR 38 from WCR 39 east to the entrance with the development road accessing WCR 38.
Y. A plan shall be developed to maintain roadways within the subdivision during inclement
weather conditions for emergency vehicles. This plan shall be reviewed and approved by
the Weld County Sheriff's office.
Z. Evidence shall be submitted from the Platteville Fire District showing that the Fire District
has approved the locations of the fire hydrants located within the subdivision. Those
locations shall be delineated on the plat.
AA. The applicant shall address the items regarding the beebe Draw Farms Metropolitan District
oulined in the Weld County Department of Public Health and Environments memo dated
November 8, 2002.
BB. The applicant shall submit evidence that the Weld County Department of Public Health and
Environment has reviewed and approved all changes to the Metro District Maintenance
Agreement.
CC. The applicant shall submit evidence that the Metro District Maintenance Agreement has
been recorded as a supplement to the Beebe Draw Farms Declaration of Covenants.
2. The Plat shall be amended to include the following notes and modifications:
A. A number of lots contain deflation basins or low areas, which might require substantial
grading to prepare building pads. Grading on individual lots must not adversely affect
neighboring properties.
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B. Heavy equipment and oil well service trucks shall have access to subdivision roads for
maintenance and service purposes for mineral owners.
C. Prior to issuance of building permits for site amenities, including the riding stables, marina,
equestrian club and outdoor arena, the applicant shall apply for and receive approval
through a Site Plan Review process for the design and construction of the amenity.
D. The plat shall be modified to show a 25'utility easement on all lots,tracts, and open space
areas throughout the subdivision.
E. The plat shall be modified to show a 25'utility easement associated within county road right-
of-way.
F. Traffic control sign locations shall be approved by Weld County Public Works and
delineated on the plat .
G. An additional 15-foot right-of-way adjacent to WCR 39 shown on Filing 2 on the plat.
H. The plat shall be modified to reflect the accepted typical cross section design.
The plat shall be modified to reflect a minimum of 50 foot radius from edge of pavement
to edge of payment.
J. The plat shall be modified to show utility easement placement identified in buffer/building
set back areas which the exception of those areas located in the Environmental Assessment
area.
K. The plat shall be modified to show a twenty-five (25)foot utility easement defined between
filing one and filing two of Beebe Draw Farms.
L. The plat shall be modified to show an additional 10-foot right-of-way adjacent to WCR 32.
M. The environmental buffer zones shall be delineated on the plat and it shall not preclude the
location of underground septic system placements.
N. Water conveyance in unlined ditches is likely to create situations where ditches are
breached or widened. This can cause deterioration to lots and to pavement substrate,
particularly if high-velocity flows are transmitted.
Q. The maintenance of all drainage facilities will be the responsibility in perpetuity of the
Metropolitan District.
P. Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at
maturity.
Q. The phasing time line for all amenities associated with the Final Plat shall be delineated on
the plat.
R. Primary and secondary septic system envelopes are required on each residential and public
i-- facility lot, and may be designated and recorded on the plot plan at the time of building
permit application. Each envelope must meet minimum current setbacks as specified in
Chapter 30 of the Weld County Code regarding Individual Sewage Disposal System.
PUD FINAL PLAN
DEVELOPMENT STANDARDS
BEEBE DRAW FARMS, 2ND FILING
PF-1021
1. Addresses shall be visible and legible from the street or road fronting the property. Streets shall be
identified at all times.
2. A permanent sign shall be placed inside the entry house to the subdivision detailing the name of the
subdivision,address,and graphical presentation of the roadways within the subdivision. A plan shall
be developed to maintain this sign.
3. If the roadways within the subdivision are not maintained or adopted by the County, individuals
purchasing property within the subdivision should be notified that the sheriffs office will have limited
traffic enforcement powers.
4. Any oil or gas wells within the subdivision shall be fenced off in order to mitigate potential tampering.
5. The sheriff's office requests that residential properties bordering the lake be fenced off to limit
potential hazards.
6. Building permits shall be obtained prior to the construction of any building including buildings
housing mail rooms or bus shelters, including site amenities on Outlot A. Buildings intended for
public occupancy, such as mail rooms and bus shelters, shall be designed and built in accordance
with the requirements of the Americans with Disabilities Act and CABO/ANSI Standard Al 17.1-1992.
7. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each permit.
Primary and Secondary septic envelopes shall be approved and placed on the plat.
/a- 8. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 1997 Uniform Building Code; 1998
International Mechanical Code; 1997 International Plumbing Code; 1999 National Electrical Code
and Chapter 29 of the Weld County Code.
9. Each building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed bya Colorado registered engineer. Engineered foundations shall
be designed by a Colorado registered engineer.
10. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter
3. Setback and offset distances shall be determined by the Zoning Ordinance.
11. Building height shall be measured in accordance with the 1997 Uniform Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. An ILC (Improvement Lot
Certificate)will be required for each building showing the building height as measured according to
Chapter 23 of the Weld County Code as well as the offset and setback distances to property lines.
The ILC shall bear the stamp of a Colorado registered engineer or the certification of a Colorado
registered surveyor and will be required prior to the frame inspection.
12. Electrical permits shall be obtained for any electrical work. This includes electrical services, site
lighting, electricity for pumps.
13. The applicant shall obtain water service from Central Weld County Water District.
14. The preservation and/or protection of the second absorption field envelope shall be designated on
each lot. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e.
Resolution PF-1021
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auxiliary structures, dirt mounds, etc.)are expressly prohibited in each designated absorption field
site.
15. A Weld County Septic Permit is required for each proposed septic system and shall be installed
according to the Weld County Individual Sewage Disposal System Regulations. Each septic system
shall be designed for site-specific conditions, including but not limited to maximum seasonal high
groundwater, poor soils, and shallow bedrock.
16. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division
of the Colorado Department of Public Health and the Environment if required.
17. During development of the site,all land disturbance shall be conducted so that nuisance conditions
are not created. If dust emissions create nuisance conditions, at the request of the Weld County
Department of Public Health and Environment, a fugitive dust control plan must be submitted.
18. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than five acres of land must incorporate all available and practical
methods which are technologically feasible and economically reasonable in order to minimize dust
emissions. If land development creates more than a 25 acre contiguous disturbance, or exceeds
six months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air
pollution emissions notice, and apply for a permit from the Colorado Department of Public Health
and Environment.
19. Maintenance of the open space shall include removal of manure in a manner that will prevent
nuisance conditions and not allow runoff into Milton Reservoir. The manure piles shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or
pollutant runoff.
20. The Metropolitan District shall be responsible for the continuing maintenance for septic systems
serving the residential and public facilities within all areas associated in Filing Two and all lots in
Filing One that are sold and those sold but not improved as of the date of this hearing.
21. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
22. The septic system(s)for the proposed office clubhouse or public restroom facilities are required to
be designed by a licensed Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations.
23. The facility shall adhere to the maximum permissible noise levels allowed in the residential zone as
delineated in 25-12-103, CRS, as amended.
24. Supplemental Procedures and Requirements as stated in Section 28.15 of the Weld County Zoning
Ordinance shall be enforced at all times.
25. The site shall maintain adherence with Section 41 of the Weld County Zoning Ordinance for parking
requirements.
26. The site shall maintain compliance with Section 42 of the Weld County Zoning Ordinance for sign
requirements.
SITE PLAN REVIEW
DEVELOPMENT STANDARDS
BEEBE DRAW FARMS, 2ND FILING
PF-1021
1. The applicant shall provide a lighting plan delineating all proposed lighting for the amenity area.
This plan shall address security lighting in the public areas including the RV and board storage area.
2. All buildings and structures associated with the equestrian center, including but not limited to, the
riding arena, stables, and equestrian manager building, shall require building permits and plan
reviews.
3. Marina buildings and structures, including but not limited to boat docks,the clubhouse, and the dock
manager building, shall require building permits, plan reviews and site plan review approvals.
4. All buildings or portions of buildings open to the public shall be accessible to persons with
disabilities. Accessible exterior routes shall be provided from public transportation stops,accessible
parking and accessible passenger loading zones and public sidewalks to the accessible parking,
accessible passenger loading zones and public sidewalks to the accessible building entrance they
serve. Where more than one building or facility is located on site, accessible routes between
elements, facilities, and between buildings shall be provided.
5. Supplemental Procedures and Requirements as stated in Section 28.15 of the Weld County Zoning
Ordinance shall be enforced at all times.
6. The site shall maintain adherence with Section 40 of the Weld County Zoning Ordinance at all times.
7. The site shall maintain adherence with Section 41 of the Weld County Zoning Ordinance for parking
requirements.
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8. The site shall maintain compliance with Section 42 of the Weld County Zoning Ordinance for sign
requirements.
9. The site amenities, such as riding stables,riding trails, riding arenas,tennis courts,swimming pools,
clubhouse, and marina shall be maintained by the Metropolitan District.
10. Horse competition and events will be operated for the benefit of the property owners and outside
individuals who arrange to use them through the Equestrian Manager.
11. Site amenities events such as boating races, and horse competitions and other uses when
exceeding 500 number of users shall apply for and receive approval, (Ordinance 85 for Temporary
Assemblage)from the Board of County Commissioners.
12. The clubhouse shall be for the private use of the Pelican Lake owners, their families and their
guests.
13. The picnic shelter area shall provide at a minimum, permanent vaulted restroom facilities. A vault
facility similar to a state rest area or park service facility is recommended. Permanent restroom
facilities with septic tank and absorption field, are required for public use at the stables.
14. All oil and gas facilities shall maintain appropriate land use setbacks in accordance with bulk
requirements as established in the A (Agricultural)zone district.
15. Storm water from and/or through the Equestrian Center shall be contained within the equestrian
center lot. Management of the manure and storm water must comply with the Confined Animal
Feeding Operations Control Regulations.
16. The subdivision has several long and winding streets within it. Traffic enforcement and community
safety issues will be a long term problem if mitigation strategies are not taken. Traffic calming
strategies shall be addressed.
Resolution PF-1021
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Page 2
17. The RV/Boat and Trailer parking lot shall not consist of more than eight acres and shall be locked
and fenced in accordance with the established covenants.
19. The Dockmaster's Building shall include an office, restrooms, and meeting room. No permanent
overnight housing shall be allowed in the dockmaster's building
20. The clubhouse and dockmaster septic system envelopes shall be located on the plat. These
envelopes shall be located a minimum of 200 feet from Milton Reservoir.
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 19, 2002.
Dated the 19'h of November, 2002.
vjIim � OIL11 2
Voneen Macklin
Secretary
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Robert Anderson read into the record a portion otSection 23-5-320 uses permitted in overlay district. Mining
was not addressed in the application. The plat would change the zone and it would be in conflict with the
uses in the PUD zone district. Mr. Morrison stated that you can create uses in the PUD zone district, not
confined to any particular use. Mr. Miller indicated that the goal is to not have any building permits issues
until the reclamation is completed. Essentially the lots can be sold but they cannot be built upon.
James Rohn commented that the difference with the nine lots was that the owner was not residing there.
The subdivision will have ten lots and the owner will be residing there.
John Folsom moved that Case PZ-552,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
denial based on the additional number of lots. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes;James Rohn, no;Cathy Clamp,
yes. Motion carried.
Cathy Clamp indicated her concern over the water that will be utilized for the internal purposes.
John Folsom indicated that this might be the highest and best use for the property owner but may not be for
the citizens of Weld County.
--- CASE NUMBER: PF-1021
PLANNER: Monica Daniels-Mika
APPLICANT: REI, LLC, do Christine Hethcock
LEGAL DESCRIPTION: Sections 4,5,8,9,10 & 17, T3N, R65W of the 6'h P.M., Weld County,
Colorado.
REQUEST: PUD Final Plat for the 2n° Filing of Beebe Draw Farms for 406 lots.
LOCATION: South of and adjacent to WCR 32; east of and adjacent to WCR 39; and
north of and adjacent to WCR 38. For a more precise location, see legal.
Lee Morrison question the applicant concerning adequate notification according to State Statute given
•
specifically to Kerr McGee.
Chris Greneaux, Kerr McGee,did receive notice from the county within the 30 days. Mr. Morrison indicated
that the process is somewhat different between the State and County notification. One is required from the
applicant and one from staff. Mr.Greneaux stated that the notice that was received was sufficient and they
are willing to proceed. There are other issues that will be addressed.
Monica Mika,Department of Planning Services presented Case PZ-1021,reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Michael Miller asked for clarification with regard to the code that will be applied to this application. Ms.Mika
indicated that the code in effect during 1983 is the code requirements that must be used.
James Rohn asked why a development of this size was not required to use a sewage system not a septic
system. Ms. Mika indicated that when the application was submitted there were different options available.
There will be 800 septic systems in this area.
Jim Fell, original applicant and now consultant, has hired David Clinger to complete the project. Mr. Fell
retired in March.
David Clinger, representative, provided additional information to the project including some background.
Filing 2 totals 2307 acres. The Filing Two Plat is requesting 406 lots for a total of 594 lots in the subdivision.
The opens space in filing two is for 1007 acres which is 44% of all the total land. The open space for the
subdivision is 1596 acres which is 46%of the overall section. The minimum lot size will be 2.5 acr- r'
EXHIBIT
Page -9- C
pF #k1CZj'
will conform to the requirements for the septic fields. The original approval was for 801 lots. The septic
systems were approved after extensive studies were done on the soil. A Beebe Draw Metropolitan District
was formed to maintain the septic systems. The originally submitted Filing two was denied due to septic
issues. The applicant has spent a significant amount on the infrastructure of the subdivision as well as the
amenities for the Metro District. In the December 2001 Planning Commission hearing technical issues and
increased open space were addressed. The homes are located within groups and are not spread out and
work towards the amenities. The entry building is also used by the Sheriffs Department. The roads are
public except for the road to the amenity area. Landscape areas will be done around key intersections,and
the amenity area. Mr. Clinger provided clarification with regards to the internal structure and the lots
themselves. There are strict regulations with regard to the size of the structures and what can be included
on the lot. There is also restrictions with regard to the water and where it can be used. The septic fields will
have a primary and a secondary system. The well heads and tank batteries have been delineated on the
plat with the correct setbacks indicated. The majority of the oil and gas lines are located within the open
space and green belts of the subdivision. There has also been an environmental study along the east side
of the project. It has been approved by the EPA, Division of Wildlife and National Wildlife Service. There
can be no development near the reservoir. The plan is trying to accommodate all the issues and contain
additional benefits.
David Schupp, environmental engineer, provided clarification with regard to the septic systems. The soils
have been extensively tested. These are not disposal systems they are subsurface sand filters. It will treat
the affluent on site prior to dispersal. The septic envelopes that are delineated for the septic systems are
more than large enough to accommodate. Mr. Mokray asked how the systems work. Mr. Schupp stated it
has a filter,tank and a dosing chamber. The affluent is distributed over the entire sand surface at once.The
chamber will distribute it evenly. The tanks will collect the solid waste material. These systems treat the
affluent through the sand filter before it enters into the ground. Sand filtrations is the oldest method known
to man. A biomat of bacteria forms on the surface of the filter and this is fed by the material being sent to
it. Then it goes to the filters that are 4 feet deep and then into the existing ground. The soils test indicate
that ground water depth is not an issue. There will be monitoring wells near the reservoir to determine if any
groundwater contamination is occurring. These will be built as soon as there is approval and they will be
monitored continuously. This does not preclude the health department from coming and inspecting. It will
submit records on an annual basis or when it is requested. It is a type of a maintenance program that does
not exist anywhere in the state. The cost is $11 dollars a month and this will be paid in the mill levy to the
Metro District from the HOA. This is an attempt to meet the needs of the homeowners and the county. It
is based on treatment and groundwater monitoring and continuous program for maintenance and system
monitoring.
James Rohn asked if it was cheaper for a traditional sewer system.. Mr. Schupp indicted it would not, the
regulations are now more strict. The regulations want treatment as near to the source which means the
backyard.
David Clinger continued with his presentation. The septic system is custom for the area and is the finest that
they can come up with. They have done the best to protect the surrounding owners and adjacent owners.
Mr.Clinger discussed the conditions of approval that the applicant needed clarification on or had issues with.
The septic envelopes will be shown on the site review process when the clubhouse and lockmaster is built
in the area. The issues have been resolved with the Sheriffs Department. Mr.Scheltinga indicated that the
internal roads will be maintained by the Metro District. The Right of Way will be public. Mr. Morrison
indicated that they will be public roads but the Metro District has in their service plan the ability to do some
maintenance on them. Mr. Clinger indicated that in inclement weather the Metro District has done some of
the snow removal. In conclusion, the PUD was approved in 1983 and a substantial change hearing was
approved in 2000. The outstanding issues will continue to be addressed. The homeowners need to be
assured that the amenities will be adhered to, so the applicant is requesting approval for the final plat.
John Folsom asked about the Metro District and if there were bonds that would be issued. Mr. Clinger
indicated it is based out of the homeowners association funding from the homes. Mr. Fell indicated that a
two million bond was issued to start the district since then nothing else has been needed. Mr. Folsom asked
how many lots have been sold. Mr. Clinger indicated that 94 lots approved, 55 have been sold and there
are 30 occupied with 10 under construction and 9 builder homes are under construction for sales.
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Cathy Clamp asked if the amenities are completed according to what was approved in phase one. Mr.
Clinger stated that there will be an agreement as to when the amenities will go into effect with a regard to
the number of homes and the demand for them. Ms. Clamp asked Ms Smith about the septic system and
if she is comfortable with the sand filtration system. Ms. Smith indicated yes. Ms. Clamp asked Ms. Mika
if there is a requirement in phase one that the amenities need to be finished before filing two can be done.
Ms . Mika indicated that phasing was not addressed. There is a question as to which of the three previous
plats the out lot was identified. It was at the change of zone where the out lot a was identified conceptually.
John Folsom asked if the denial by the Board was based on three problems. Septic,density and the amount
of open space.Mr.Morrison indicated that those were the three exclusive ones and this is a new application.
This new application is in accordance with the approval of the substantial change.
Cathy Clamp asked about the maintenance plan for the septic system and the terms for the monitoring were
different than the maintenance agreement that was in the packet. Mr.Schupp indicated that the agreement
will depend on use but it will definitely be four years. The monitoring will be on yearly basis. Ms. Smith
indicated that information was submitted when the substantial change was completed and there were two
documents that need to be confirmed. Ms. Smith indicated a November document was received and it
delineates what systems in filing one will be effected by this proposal. Ms. Smith indicated that the
document needs to be retro back to all lots including filing one. Mr. Schupp indicated the change was in
direct response to a HOA meeting where there were a number of people who did not want to have their
systems inspected and have to pay for it. This statement eliminated them unless they want to be included.
Mr. Clinger indicated that all future lots that will be built upon will be required to be a part of this. Ms.Smith
indicated it was presented in the substantial change hearing that it will cover all the lots for the subdivision.
Mr. Morrison indicated that staff could not go back and change the approved filing one to include those lots
that are built. This agreement would pertain to the remaining lots, it is not the most perfect but it is
achievable. Mr. Schupp indicated that he believes once those original homeowners have to come up with
the money to maintain the systems they will voluntarily join the Metro District.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Chris Greneaux,Kerr McGee, stated his concerns with the application. Some of the concerns are there are
pipelines that go through the property that are not recorded on the plat that was submitted to the county,the
rights of way and easements are not recorded and flow lines are not indicated. The applicant has been
working with Kerr McGee for over ten years because of the high increase in density and changes in lot lines.
With the lot lines changed, the relationship between the pipe lines, lot line location and the way the plat
reflects it. The oil well layout plat indicates the lines. The problem with that is they are not verified. These
plats were done from the oil companies submitting as built plans and them being incorporated into the oil
well layout. The plat that was submitted to the county reflected those plans and some of that information
is not verified. There has not been sufficient time to review the lot layout as to where the lines actually run.
They are requesting more time to review the issues. The plans refer to the old layout design with reference
to the oil well heads. Mr.Greneaux would like to see a continuance to have time to work out issues before
the Board of County Commissioners. They can be addressed but it needs to be before the Boards hearing.
Michael Miller asked if the location of flow lines are fluid. How accurate are they gonna be to find the flow
lines. Mr. Greneaux stated that locators use a metal detector to find the lines and flag the lines. Mr. Miller
questioned how long it will take. Mr. Greneaux indicated that they have had ten years but it is not their
responsibility to do this but they will work with the applicant. They have submitted the approximate locations.
Mr. Miller asked for clarification with regard to not being responsible to tell the homeowners where the lines
were located. Mr. Greneaux stated that it was the homeowners responsibility before they dig to locate the
lines. Kerr McGee would like to do that now but there needs to be some assistance from the applicant to
be able to accomplish this. Mr. Miller asked how much time they are requesting. Mr. Greneaux indicated
that it could be done in two weeks. The key would be to have the applicant survey and place on the plat.
Mr. Morrison asked if that would work if this has to be done prior to the Board hearing. Mr. Greneaux
indicated that would be sufficient. Mr. Morrison indicated that it will be approximately six weeks or more.
Mr.Greneaux indicated that they were also requesting a comprehensive surface use agreement that includes
the road accesses. Mr. Morrison indicated that they have a right to use public roads. They have an
obligation if using overweight to comply with the standards. Mr. Greneaux indicated that this agreement
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would cover all of those issues.
Cathy Clamp asked about the number of wells limited by Colorado Law and if Kerr McGee had maximized
that number. Mr. Greneaux indicated that the comprehensive surface use agreements will address this
issue. There were previous agreements but they did not address the issues that are present today. Kerr
McGee does have future drill sites and they are not located on the plat. Ms.Clamp asked about the normal
procedure when burying high pressure lines and the average depth. Mr. Greneaux indicated that there is
a different depending on lines. The high pressure lines are buried at four feet. There would not need to be
substantial changes to roadways as they exist now. This will all be addressed in the agreement.
Dale Hayhurst, Encana Energy Resources, has issues with the wells and would like a continuance,also,to
address the issues. The notification was not received but it could have went to several different addresses
and become lost. Incana would like to be able to work out a subsurface use agreement also. Mr. Miller
asked if the same time frame would be requested and acceptable. Mr. Hayhurst indicated that would
acceptable with them.
David Padgett,Patina Oil and Gas,indicated the request for a continuance to address the issues mentioned
above. Does the Planning Commission want to send to the Board a case that has had changes to the lot
lines?There is no exact location of where the flow lines are. They have worked for a long period of time with
the applicant and it has been a good working relationship. It has been a well by well basis. The applicant
is now looking at doing a comprehensive plan for a large number of lots and it has a great effect of the oil
wells and future wells. Mr. Padgett feels that it is unfair they do not have an accurate picture of all of their
assets,all the pipelines and future well locations. The feel as though they were left in the dark until recently
even though the project has been progressing for twenty years. It is unrealistic to have a continuance that
will solve everything in a four to six week time frame unless there is an accurate picture of where their assets
are in relationship to the lots. Patina wants a clear picture of the situation and they will continue to work with
the applicant as they have in the past.Mr. Padgett indicated he was not happy to have something crammed
down their throats at the very last minute when they are talking about an investment on both sides of the
table. Mr. Padgett feels that it would take a minimum of two months. Mr. Padgett would like the Planning
Commission to review the case again if the lot lines will change making it a different proposal than what was
submitted to the Board for review.
Molly Summerville, attorney Anadarco (Union Pacific Resources), stated issues with the ownership of the
mineral rights in the section. There is no surface use agreement currently in place with the developer. There
is an old agreement that was dated in 1990 but this agreement has terminated according to its own terms.
The goal is to get a surface use agreement in place that identifies and preserve the locations for the existing
wells site,existing production facilities,pipelines,access routes and future well sites. Ms.Somerville would
like a condition added to reflect the desire for a final surface use agreement. There is quite a bit of work to
be done. Ms. Somerville would like to include more specific information in the conditions that staff has
included in Condition of Approval M. The language has been provided to Ms. Mika. The hard rock minerals
needs to be addressed. The coal resources are on the property. They are not asking for a condition
regarding the coal but an agreement can be worked out.
John Folsom asked Mr. Morrison about the coal deposits and if they were like gravel deposits with regard
to improvements that interferes with extraction. Mr. Morrison stated it actually relates to zoning and that
issue in terms of county action was settle a long time ago. Mr. Morrison stated it does not apply at the final
plan stage. Ms. Summerville indicated that they needs to have an objection on record on the basis of the
coal notice not being received. Mr. Morrison stated that there are two different statutes because one was
twenty five years old and one recently enacted. The opportunity to object relates to the recent statue.
James Rohn asked Ms. Mika if more oil wells were added. Ms. Mika indicated that in November 13, 1984
when the case was originally proposed the issue of coal minerals was addressed and a continuance was
approved to talk about the deposits. There was a couple letters that addressed the issue of the coal with
regard to the economic feasibility. The issue was addressed but there is no indication as to whether is was
completely resolved. Mr. Rohn asked about the oil wells. Ms. Mika deferred that to the Oil Company
representatives. Oil and Gas has always been an element on this site.
Page-12-
Jana Bolander Fraser, southeast neighbor approximately one mile away, indicated her objection to the
project due to the incompatibility of the area as well as the oil and gas wells. The density with regard to the
number of wells will increase and be a conflict. Traffic will be an issue. The density of homes is to much.
The area is surrounded by farms and ranches. Traffic makes farming impossible as well as the animal
smells and noises. The location and considering the number of oil and gas wells it is incompatible.
Kay Cornelius,adjacent neighbor,objections regarding the septic systems. The land that they graze upon
is adjacent to the reservoir. There is quite a bit of wetlands that goes down to the gun club area. There is
question with regard to the wetlands and its viability with this amount of homes being adjacent to it. This is
a viable farming community with the nearest town is seven miles away. The collision between the density
and rural farming on roads will effect the surrounding owners. There are concerns with the horse lots and
the overgrazing.
Cathy Clamp asked about the dairy and is it adjacent and how many head. Ms. Cornelius indicated it was
approximately 3500 head.
James Rohn asked Ms. Mika when the dairy was put in. Ms. Mika stated 4 years ago and approximately
4000 head were approved.
Kay Cornelius added that they own 26 shares of Freko Water that comes out of the reservoir. The marina
aspect is questionable due to the water quality issues. It plugged an irrigation drip system with algae growth.
Roy Wardell,neighbor,stated his concerns with density for the area. The situation is result of a bad decision
that was made in 1983. There is no good way to resolve it. The expense of this development for the
highways,soils and homes is far to much for the area. The soil is sand dunes that has blown in there over
the years and it will blow away.
Chuck Carpenter, attorney for the developer, addressed concerns indicated by the oil and gas companies
present. There has been extensive oil and gas development and it is not a new issue. In 1990 there was
a resolution that indicated that there was no specific value for the coal in the area. In 1990 there were also
surface agreements with oil and gas operators, some comprehensive some were done well by well. It was
believed at time that they had agreed on the future locations of the wells. The development has been orderly
and they have previously reached agreements and there should be no further problems doing so. The
applicant has committed to the oil and gas operators that they will go back and do comprehensive
agreements to address the future sites. There has been a good faith effort with regard to the location of the
facilities and there has never been the willingness from the oil and gas companies as there is today. Mr.
Carpenter indicated that the lines are there but they are not always in the area indicated. There are
agreements that plats be provided to them with regard to the location of lines. It is important to get this
sorted out. The issues will be resolved and there is no need to come back before the Planning Commission.
The final plat will include all the corrections and indications that are required. The companies have changed
personnel and those items need to be addressed and will be.
Cathy Clamp asked about the COZ-421 and if the requirements hold true for an subsequent development,
including the setbacks. Ms. Mika indicated it was a PUD and there could be various uses, it also addresses
roadways. There have been additional agreements with the County to address issues with the roadways and
such. Ms.Clamp indicated that they could go for less of a setback without violating the change of zone plat.
Mr. Morrison indicated that there needs to be a consistency with the intent of the zone change. The intent
was to provide a margin of safety between the wells and the other users. The issues can be modified but
not out of existence. As the design gets closer to completion it will be evaluated against the intent.
Scott Knutson, Kerr McGee,indicated his work is with the pipelines and they have provided to the applicant
where the lines were located. There was no intent to show exact locations just where the lines were located
that have been surveyed in. The lines have meats and bound descriptions. The lines need to be located
and shown on the plats.
Carl Jebson, neighbor, stated his concerns with the septic tanks and what affect the drainage will have on
the low ground.Some will leach into the soils and eventually into the water table. It would be better to have
Page -13-
a sewage treatment plant instead of individual systems. Any system in the sandy soil that exists will be an
issue. Water quality in the lake is a concern. The water on the lake is not safe for children and the
recreational aspect. The lake has been declared an impaired waterway with a high ph. There would be
definite issues with the flow lines, access and location.
Cathy Clamp asked Ms. Smith if there are any chemicals/nutrients that would come out of a home that the
system would not filter. Ms.Smith indicated that things like viruses,nitrates which are filtered to a point and
other possibilities. Ms. Smith stated that the lots that were closest to the lake and to the ditch will have the
highest chance to contaminate. Ms.Clamp asked if the monitoring wells that are proposed will screen this.
Ms. Smith stated that there are no monitoring mechanism to determine if it is going to be a problem. The
management plan includes random toxicity tests that will be performed. There was no parameters identified
as well as nothing in the plan for mitigation. Ms.Smith indicated that what has been presented is more than
what has been previously done. There is more nitrate contamination from over fertilizing a lawn. There will
be random monitoring for content. Ms. Smith indicated typically a problem is not noticed until it is backing
up. The testing that is proposed is more than anything done before. Ms. Clamp asked about the reservoir
and if it is impaired water way and if it will have any effect on the safety and welfare for the surrounding
property owners. Ms.Smith stated that it would but that is not a statement that she can make. Mr. Morrison
asked if there were bathing regulations. Ms.Smith stated that there are regulations for swim beaches. There
were none identified. The only identified elements were boating and a picnic area. It is not expected to be
a marina type area.
John Jebsen,neighbor,provided information with regard to the water quality. Mr.Jensen stated his concern
for the quality of the water in the lake. There is high amounts of ph,nitrates and-phosphates. There is a high
amount of algae in the summer. There was a level of pathogens that was off the chart found in the lake that
is connected to Milton Reservoir. This is basically urban run off and that is what they are recreating in. This
subdivision should not be sold as a water recreation area. The covenants indicate no skin contact with the
water. The septic systems are being clustered like the lots and they will be close to each other. It has been
-- indicated that the septic systems will be lined with plastic and what happens if they go over the limits. This
will overflow and not be treated. There is a concern for the blowing sand and the erosion on the horse trails.
The traffic on County Road 39 will increase.
The Chair closed public portion of the hearing.
David Clinger , representative, addressed some of the issue brought forward. The issue of traffic was
addressed and approved by the county traffic engineer. Mitigation will be done on the road that serves the
north and south. The roads are adequate to serve at full build out. Septic systems and wetlands were
addressed by using environmental overlays. The applicant has avoided the wetlands and has approval from
core of engineers for this layout. The applicant has continued and will continue to work with the oil and gas
companies with regard to flagging the service lines. This was a three month process. Those main lines that
were flagged are concentrated in the open space. Some of the lines are fiberglass and difficult to find. The
applicant agrees that all lines on lots will be fully located prior to the issuance of any building permit. This
was the home can be adjusted according to the located lines. All the parties have acted in good faith and
will continue to do so. The applicant believes that prior to the Board hearing they can come to resolution on
the issues brought forward. The only thing permitted on the lake is boating and fishing. Swimming is
prohibited. It is an area for wildlife observance. The applicant has done everything possible to work within
the system to create a state of the art septic system. Mr. Morrison requested a copy of a report done by a
water quality expert be entered into the record.
Cathy Clamp asked about the resolutions from the Board regarding the substantial change and denial of the
previous plan. The issue raised was the adequate raw water source had not been obtained. Mr. Clinger
indicated that there is an agreement with the developer and the district with respect for all the water. Mr.
Clinger indicated that the taps are purchased in phases according to the lot sale. If the taps cannot be
purchased then building permits will not be asked for. Ms. Clamp indicated that there are presently no
shares of CBT water available.
James Rohn asked about the taps and there not being any. Mr.Clinger indicated that there is 800 thousand
dollars in taps and there is a contract. The contract indicates that they will provide the taps for the homes
Page-14-
in the subdivision. Ms. Clamp questioned the availability of the raw water. Mr. Fell indicated-that all the
water has been purchased for filing one. The water market is watched constantly and 188 acre feet of water
has been purchased.
Mr. Clinger indicated that changes on page 5 from payment to pavement. Development Standards Page
7#2. The applicant would like it to reflect that the map will be inside entry house. The maps get vandalized
when in the open. There will be direction maps at sales office and community center. Development
Standard#5 concerning the Sheriffs Department can be removed. The issues have been addressed.
This is no suburban subdivision there is no need for sidewalks. They want the area to be open, there will
be no fences to the open spaces. Mr. Miller questioned the traffic calming measures.
James Rohn would like to see the letter from the Sheriffs Department prior to removing #5 .
Mr. Miller indicated that there is a change requested on Condition of Approval 5 V and asked if it could be
deleted. Ms.Mika indicated that it should be included under site plan development standards to#20. There
will also be the change from payment to pavement in 2 I. Correct Development Standard#2 to read"inside
the entry house "
Mr. Miller asked for clarification with regard to deleting #5 & #6 that deal with the Sheriffs Department
requests. Ms.Mika indicated that there has been nothing submitted requesting the deletion of these. These
were taken from the original comments. Mr. Miller would be comfortable deleting a portion of#5. Drew
Scheltinga, Public Works, recommended that speed bumps not be installed. They are no effective and a
hazard for snow plowing. In this rural setting, traffic calming settings are not necessary. They have been
included in high density developments. Mr. Miller asked about the bike paths. Ms. Mika stated that there
are recreational trails identified but not specifically bike.
Monica Mika indicated that additional comments would need to be considered. Mr. Greneauximlin asked
that staff attempt to address the issues of the oil and gas with language while other discussions were going
on. Mr. Miller indicated that the oil and gas issues will be discussed at length.
Bryant Gimlin moved the relocate Condition of Approval 1V to Development Standard(Site)#20,Condition
of Approval 2 I- change word from payment to pavement, Development Standard (PUD) #2 to read "A
permanent sign shall be placed inside the entry house to the subdivision " delete Development Standard
(PUD)#5. Stephan Mokray seconded. Motion carried.
Monica Mika added language from the Health Department in Condition of Approval 1 G to include the
' peninsula which was part of the change of zone. The language will consist of"No development associated
with Beebe Draw or the District shall occur in section 15. The peninsula in section 15 will be designated a
wildlife refuge with appropriate sign age and limited access." This will tie the use to the subdivision.
Additionally in Prior to recording the plat CC language consisting of"Evidence shall be submitted from the
Fire District showing that the Fire District has approved the locations of the fire hydrants located within the
subdivision. Those locations shall be delineated on the plat."
Pam Smith, Health Department, has additional language to be included in Prior to recording the Plat
numbers DD, EE and FF. The only additional comments that are not related to oil and gas is to include that
addresses the retroactivity of the septic systems maintenance plan. The language will be located on
Development Standard (PUD)#21 to consist of"The Metro District shall be responsible for the continuing
maintenance for the septic systems serving the residential and public facilities within all areas associated
in Filing Two and all lots in Filing One that are not sold and those lots sold but not improved as of the date
of this hearing."
James Rohn moved to amend the previous notations. Cathy Clamp seconded. Motion carried.
Cathy Clamp indicated her concern for the water and would like to something in the conditions in prior to
obtaining building permits that the applicant demonstrate that they have one share of CBT water to fund the
raw water for the lot. Mr. Morrison indicated that it could be addressed in the phasing as long as the water
is available for the phase. There is no requirement for raw water for all lots, but an agreement is required
Page -15-
or a way of accomplishing the need. Mr. Morrison indicated that they would have to show the availability
of water before moving on to the next phase. Improvements have been made or an agreement is in place.
Ms. Clamp indicated that there is a tap agreement but it only available upon transfer of CBT shares. Mr.
Morrison indicated that the raw water and taps can be required by phase not on a per4ot basis. Ms. Mika
indicated that a phasing plan can be included. Language can be added to Condition of Approval 1D to
include language consisting of"Agreements for improvements have been accepted and all water taps have
been purchased." Mr. Morrison indicated that at the time of purchase for the taps the raw water has to be
dedicated.
Cathy Clamp moved to amend 1D to the language above. Stephan Mokray seconded. Motion carried.
Michael Miller indicated he is not comfortable setting a date with out having the lines mapped out for the oil
and gas companies. 45-60 days is a very conservative estimate to complete the task at hand. Mr.
Greneauximlin indicated that it could be inserted as prior to scheduling the Board hearing. This will give
them a better time frame and there must be evidence shown that agreements are in place. Ms. Clamp
indicated that the only time that the conditions are gone around is if the Oil and Gas Companies have not
had any contact whereas in this case there has been plenty of contact and communication. There is still
some question on the location of future well sites and some line locations. Mr. Morrison suggested that an
outside limit be added due to the fact that an impasse could be reached and the oil and gas companies have
veto power. The suggestions is"not to exceed 90 days." This puts the burden on both sides and if it cant
be resolved privately then the Board will make a determination. The recommended is to add at the end
language consisting of"Prior to Scheduling Board of County Commissioner hearing but not to exceed 90
days a comprehensive surface agreement including flowlines,pipelines and all applicable oil and gas uses
including future and existing well site locations,locations for associated oil and gas production,equipment,
pipelines easements and defined access roads shall be identified and located on the plat for review by the
Board of County Commissioners."
James Rohn moved to amend the language above. Stephan Mokray seconded. Motion carried.
Bryant Gimlin commented on the reasons for denial in the last application. A process has been gone through
and this is a different proposal, but some of the issues have not been addressed. They include the water
quality of Milton Reservoir, but that will be there regardless of the development or not. There are some
issues that may be as relevant today as they were in the past. Mr. Miller agreed that the density was to high
when it came through the first time. Some of the issues have been addressed but not all of them. Mr. Miller
does not think it is compatible with surrounding uses. Ms.Clamp stated that the applicant has spend several
million dollars trying to adhere to constantly changing guidelines and measurements. Those are far beyond
what was originally proposed. Mr. Miller indicated that they are revisiting a proposal that was brought in
several years ago and different regulations need to be applied to them. Mr.Mokray indicated that there have
been significant changes with regard to the septic system. Mr. Rohn commented that this many houses
could be turned into a small town with lots of back yard.
Stephan Mokray moved that Case PF-1021,be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bryant Gimlin seconded the motion.
Michael Miller asked Ms. Mika if current guidelines could be considered especially with compatibility. Mr.
Morrison stated that in the context of the zone change this has already occurred. The Final design is being
asked for. Mr. Morrison stated that a decision has already been made by previous Planning Commission
members and that has been passed on to this particular board. The decision needs to be based on the
design. Mr.Greneauximlin indicated that the developer has tried to get the design compatible with what exist
in the area.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Stephan Mokray,yes; Michael Miller, no; Bryant Gimlin,yes; James Rohn, no; Cathy Clamp,
yes. Motion carried.
Page -16-
Cathy Clamp commented that the applicant has gone above the call to try and make this work with what is -
surrounding the area. The area around it will likely grow in the future and it will be compatibility.
James Rohn commented it was incompatible with the area.
John Folsom commented that the reasons for the original denial have been addressed and some have not
been addressed.
Michael Miller commented that according to the Board of County Commissioners reasons for denial, he
believes those issues are still there.
CASE NUMBER: MZ-614
APPLICANT: Timothy and Lisa Brough
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE 1911, being part of the SW4 Section 6, T7N, R67W of the 6th
P.M., Weld County, Colorado
REQUEST: _ Minor Subdivision Change of Zone from (A) Agricultural to (E) Estate for
nine (9) residential lots
LOCATION: North of and adjacent to WCR 84; East of and adjacent to WCR13
Kim Ogle, Department of Planning Services presented Case MZ-614, reading the recommendation and
comments into the record.The Department of Planning Services is recommending denial of the application
-- along with the Conditions of Approval and Development Standards.
James Rohn wanted to know why the Department of Planning Services had sent a referral to School District
RE-4? He stated that he thought it should have gone to RE-9 instead. Mr. Ogle replied that maps the
Department of Planning Services uses,determine the referral area. The applicant's children presently attend
school in Windsor, School District RE-4, thus the referral was sent to them.
Cathy Clamp inquired about referral comments from the Water Supply&Storage Company and whether any
documentation has been received from them with a resolution of their concerns? Mr.Ogle said the applicant
has made a diligent effort in addressing the concerns of Fred Walker, Water Storage & Supply Company
president. Unfortunately Mr.Walker is absent this evening. Ms.Clamp asked if it were not correct that they
recently had the Dyecrest Dairy come before the Board to request an increase in animals? Mr.Ogle replied
that the Dyecrest Dairy operation specific to this case has 2700 head of cows in Larimer County. The
Dyecrest Dairy she is referring to is in Weld County at roads 15&84, and the vacant land with an approved
use for a dairy is presently up for sale.
Tony Evans, Elite Consulting, provided clarification on the project. The property access is off WCR 84.
Mr. Evans pointed out the Brough residence on a map. He said the property is currently used for grazing
and primarily maintained by mowing, as it is not prime agricultural land. The Broughs would like to relocate
their access off of WCR 84. One main road would allow access for all 9 lots. Dyecrest Dairy will not oppose
the project on condition of placing the right to farm statement on the plat.
Tim Brough, the applicant, provided clarification of his correspondence with the Water Supply & Storage
Company. At one point they had an agreement in theory but Water Supply&Storage declined to sign. Mr.
Brough felt that Mr.Walker's requests were becoming too numerous and the two of them did not reach an
agreement.
.- Michael Miller asked about the secondary access for the fire company coming down the ditch road, and if
there was room on the end of that lot to put a road on Mr.Brough's property without interfering with the ditch
property? Mr. Brough replied there would be. Mr. Ogle added that the agreement is on Lots 5 and 6 for
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