HomeMy WebLinkAbout20013265.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SUBSTANTIAL CHANGE OF PLANNED UNIT
DEVELOPMENT FINAL PLAN FOR BEEBE DRAW FARMS, SECOND HEARING -
REI, LLC, CIO JIM FELL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day
of December, 2001, at the hour of 10:00 a.m. in the Chambers of the Board, on behalf of REI,
LLC, do Jim Fell, 11409 West 17th Place, Lakewood, Colorado 80215, for the purpose of
considering whether or not there has been a substantial change in the facts and circumstances
regarding the application for a Planned Unit Development Final Plan for Beebe Draw Farms,
Second Filing, which was denied by the Board of County Commissioners by Resolution dated
September 13, 2000, and
WHEREAS, said action was taken concerning property described as:
Section 3, 4, 5, 8, 9, 10, 15, and 17, all in Township
3 North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Jacqueline Johnson, and
WHEREAS, said hearing was conducted pursuant to the Board's policy concerning
applications for land use for property previously denied, as set forth in the Weld County Code,
and
WHEREAS, there is litigation (Weld District Court case #00CV1126) pending regarding
the previous denial and this Board may not finally approve of this application while the matter is
pending, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Department of Planning Services staff and, having been fully informed, finds that said
request to apply for a Planned Unit Development Final Plan shall be approved for the following
reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has
demonstrated that a substantial change in facts and circumstances has
occurred.
2001-3265
PL0003
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SUBSTANTIAL CHANGE #20 - REI, LLC, CIO JIM FELL
PAGE 2
a. The applicant is proposing to modify the plan to decrease the total
number of residential lots from 536 to 419. This decrease represents a
reduction of 117 lots, or a 22 percent decrease in the overall density of
residential units. Correspondingly, the decrease in the number of
residential lots results in a 60-acre gain of open space dedicated on the
site. The increase identifies 1,021 acres as open space in the Second
Phase. A reduction in the number of units presents a decrease of
approximately 1,000 vehicles in the Average Daily Traffic (ADT) count.
This decrease will notably be seen on surrounding roadways.
b. A decrease in the number of units results in larger lots sizes being
created. The lots will expand from 1.6 acres to 2.5 acres. Thirty-five (35)
percent of the lots in Phase Two have increased in size, with the largest
lots becoming almost seven acres.
c. The Metropolitan District will provide uniform design standards for the
individual septic systems and final sizing of tankage and field related to
individual home designs. The Metropolitan District will also levy a fee for
services which include an annual inspection of the leach fields, pumping
of septic tanks, as indicated by measure, and annual testing of
monitoring wells to provide information regarding downstream quality of
underground waters. Ongoing education in the proper care and use of
systems for new owners, including water-use conservation techniques,
will also be provided by the Metropolitan District.
d. There will be a reduction in the number of lots coupled with a change in
lot sizes, and a proposed increase in Metropolitan District responsibilities
in regard to long-term maintenance and operations of individual systems
to constitute a substantial change.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that there has been a substantial change in the facts and
circumstances regarding the application of REI, LLC, c/o Jim Fell, for a Planned Unit
Development Final Plan for Beebe Draw Farms, Second Filing.
BE IT FURTHER RESOLVED by the Board that the request of REI, LLC, c/o Jim Fell, to
apply for a Planned Unit Development Final Plan for Beebe Draw Farms, Second Filing, be, and
hereby is, approved effective upon the filing of a Motion to Dismiss (with prejudice) Weld
District Court case#00CV1126.
2001-3265
PL0003
SUBSTANTIAL CHANGE #20 - REI, LLC, C/O JIM FELL
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
� �` WELD CO TY, COLORADO
'861 a
,
M. J. Bile, Chair
rk to the Board
Ail F`
r i Glenn Vaa , ro-
BY: _ �/.
Deputy Clerk o the Board
William H. Jerke
APPROVED AS, RM: EXCUSED DATE OF SIGNING (AYE)
avid E. Long
ounty.Attor ey
R bert D. Masden
Date of signature:
2001-3265
PL0003
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