HomeMy WebLinkAbout20013266.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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: SCH-20
PLANNER: Monica Daniels-Mika
APPLICANT: Jim Fell /Beebe Draw 2nd Filing
ADDRESS: 11409 W. 17th Place, Lakewood, CO 80215
REQUEST: Request for Substantial Change
LEGAL: Sections 3,4,5,8,9,10,15 and 17, Township 3 North, Range 65 West of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately 6 miles east of the Town of Platteville; east of and adjacent to
Weld County Road 39 and south of and adjacent to Weld County Road 38,
north of and adjacent to Weld County Road 32.
The Planning Commission finds that the applicant has demonstrated a substantial change in the facts or
circumstances subsequent to the Boards decision for the following reasons stated in Section 2-3-10-D:
1. 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 % decrease in the
overall density of residential units. Correspondingly, the decrease in number of residential lots
results in a 60 acre gain of open space dedicated on the site. The increase identifies 1021
acres as open space in the second phase. A reduction in the number of units presents
approximately a 1000 ADT decrease. This decrease will notably be seen on surrounding
roadways.
2. Furthermore, a decrease in number of units results in larger lots size being created. The lots
will expand from 1.6 acre to 2.5 acre lots. Thirty-five percent (35%)of the lots in phase two have
increased in size, with the largest lots becoming almost seven acres.
3. Finally, the Metropolitan District will provide uniform design standards for the individual septic
system, and final sizing of tankage and field related to individual home designs. The
Metropolitan District will also levy a fee for services which include annual inspection of leach
fields, pumping of septic tanks, as indicated by measure 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.
4. It is the recommendation of the Department of Planning Services staff in conjunction with referral
agency response that the Planning Commission should find a deduction in the number of lots
coupled with a change in lot sizes, and proposed increase in Metropolitan District responsibilities
in regard to long term maintenance and operations of individual systems to constitute a
substantial change. Staff recommends that you forward this favorable recommendation to the
Board of County Commissioners for their review.
Motion seconded by Stephan Mokray.
4 EXHIBIT
r. SCA 4.40
2001-3266
Resolution SCH-20
Jim Fell/Beebe Draw
Page 2
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Fred Walker
Stephan Mokray
Lous Llerena
Bruce Fitzgerald
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 6, 2001.
Dated the 61h of November, 2001.
\)Q,UMLITtriel LuK_-
Voneen Macklin
Secretary
2. CASE NUMBER: SCH-20
APPLICANT: Jim Fell/Beebe Draw Farms
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Sections 3,4,5,8,9,10,15,16 and 17, T3N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Substantial Change Hearing to a previously denied 2nd Filing PUD
Final Plat for 536 lots.
LOCATION: Approximately 6 miles east from the Town of Platteville; east of
WCR 39; and south of WCR 38.
Monica Daniels Mika,Director of Planning Services presented Case SCH-20, 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.
Jim Fell, provided a brief description on the changes in the project. Mr. Fell stated that there was going to
be changes to the phasing of the project. The phased will consist of 50 homes at a time. The new plan will
have fewer, larger lots and more open space. There will also be the development of the Beebe Draw
Metropolitan District that will routinely inspect the septic systems and the leech fields.
David Clinger, Environmental Land Planner, provided further clarification on the project. Mr. Clinger stated
that this new plan had decreased the amount of lots (563-419)while increasing the size of those lots. The
idea of them being a cluster would make the amount of open space increase dramatically a total of 1021
acres. The density is one home for every six acres. The Weld County health Department will have ruling
over the septic systems. Minimum lot has been increased to 2.5 acres. Traffic reduced by 1000 trips per
day. The land has been dedicated to school district and fire department by the developer.
David Shupp, Engineer, provided further clarification with regards to the septic system in the project. The
project will be using subsurface sand filtration system to treat prior to dispersal into the subsurface. There
will be joint supervision of these systems by the Weld County Health Department and the Beebe Draw
Metropolitan District. This supervision will cover all the filings in Beebe Draw. The District will provide
ongoing maintenance including pumping of the tanks, ground water monitoring and field testing. They will
also provide the information to the Weld County Health Department. The cost will be absorbed by the
individual homeowner. These plans proposed are in compliance with the Health Department and County
Code requirements. Mr. Schupp gave some back ground on the service and maintenance of the individual
sewage systems.
Jackie Johnson, attorney, provided some initial background on the project from its inception in 1984. The
developer was indeed true to his word with the requirements. This project will take time to be built out and
those impacts will also be drawn out.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Steve Paranto, stated that he believes that the developer has provided adequate information for a major
change. The residents agree with this change because it is cost prohibitive to those residences. The home
owners believed that they were buying into an environmentally safe area.
Carl Jebson, believes that there is no substantial change with regards to the septic tanks. The septic are still
draining into the same system. There is no treatment for the systems. The project as a whole is based
around the lake and that it is a problem right now.
John Jebson, stated that there is conflicting stories as to the monetary loss.
The chair closed the public portion.
Cristie Nickles moved that Case SCH-20,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the finding of a substantial change EXHIBIT
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan
Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nickles,yes;Fred Walker,yes;
Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
3. CASE: USR-1339
APPLICANT: Rocky Mountain Energy Center, LLC (Calpine)
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Power Generation Facility: Section 31, T2N, R64W and Wellfield
Site:Section 7,T5N, R64W,of the 6th P.M.Weld County,Colorado
and Various Parcels along the Gas Pipeline and Water Pipeline
REQUEST: A Site Specific Development Plan and Special Review Permit for a
Use by Right, an accessory Use or a Use by Special Review in the
Commercial or Industrial Zone Districts(Power Generation Facility,
including a one hundred seven (107) acre Wellfield Site, an
approximately eight (8) mile long Gas Pipeline and an
approximately twenty-two (22) mile Water Pipeline) in the
Agricultural Zone District.
LOCATION: Power Generation Facility: East of and adjacent to WCR 49, one
mile north of State Highway 52 just East of I-76; Wellfield Site,
North of WCR 58, West of WCR 51
Monica Daniels Mika, Director of Planning Services presented Case USR-1339, 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.
Bryant Gimlin asked why does the county want to change the boundaries of the proposed USR. Mrs. Mika
stated in order to make the referred buffer substantial it needs to be address within the boundaries of the
proposed site.
Monica Daniels Mika stated that the issue concerning the oil and gas notification. Mr. Barker provided
clarification with regards to making notification to those who have mineral right interest in the property. There
is no objections to the notice provided but draw attention as to whether the House Bill 2001-1088 does apply.
Steve Bain;spoke as a representative for the RME Land Corporation,which owns the oil and gas under the
proposed site. There is an agreement with the applicant for drilling and production that is in the process and
should be finalized in the near future. He requested that there be a condition of approval that would include
the finalization of this agreement before the project proceeds, if it is approved. He also stated that RME has
no objection to proceeding based upon the notice to mineral owners.
Bob Palmeroy, provided clarification and further information on the project. Mr. Palmeroy began with the
need for the project and the projection of the electricity in the future. The state expects to have one million
new residents. This project will be both clean and energy efficient. There will recycling of the hear exhaust
from the turbines to use in the third. The system is gas fired and more efficient than the older coal systems.
There will be the same output as Fort St. Vrain but the size of the facility will be dramatically smaller. This
project will have 10 year lease to use remaining acres for agricultural purposes with the option on the farmers
part to renew this for another ten years. The plant will benefit Weld County by improving electric reliability as
well as provide 25 permanent employment positions. There is a thirty year life minimum for the plant. Tax
benefits are approximately 84 million. Some of the beneficiaries will be Keenesburg School District, Weld
County Library District, Aims,Central Colorado Water Conservancy District and Central Colorado Water Sub-
District. Calpine has conducted several outreach venues in order to gain public input. They have also
attempted to gain information from local groups as well as the individual public.
Dave Perkins, gave the reasons for the selection of this site. Mr. Perkins stated the compatibility of the
adjacent land use along with the Railroad tracks and the proximity to the existing utility corridors. The water
source and delivery of that water is being addressed. There is an agreement with Aurora to allow delivery for
the next ten years. The delivery will be to the South Platte River. The water will then be withdrawn from the
wells adjacent to the river then transferred to the plant through a new proposed pipeline. The selection
process started with the Request for Proposal process from the Public Service Company RFP process. Public
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