HomeMy WebLinkAbout20013490.tiff HEARING CERTIFICATION
DOCKET NO. 2001-88
RE: SUBSTANTIAL CHANGE HEARING#20 TO CONSIDER 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 - REI, INC., C/O JIM FELL
A public hearing was conducted on December 19, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Pam Smith
Public Works representative, Frank Hempen
The following business was transacted:
I hereby certify that pursuant to a notice dated November 30, 2001, and duly published
December 5, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider
the request of REI, Inc., do Jim Fell, for a Substantial Change Hearing #20 to consider 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. Lee Morrison,
Assistant County Attorney, made this a matter of record. 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. Ms. Mika stated the Final Plan for the First
Filing has already been approved, and gave a brief summary of the various applications made for
this property. She stated eight referral agencies reviewed this proposal and responded with
comments or proposed conditions of approval. Ms. Mika stated the Planning Commission
recommends approval of this request based on the reasons cited in the Resolution of
Recommendation, which she reviewed for the record. Chair Geile commented he voted to deny
the original application based on his concerns regarding the use of septic systems in poor soils and
the water quality of the reservoir related to recreational activities. He questioned whether reducing
the number of lots will adequately address his concerns, and suggested a public sewer system
might be a better option. Pam Smith, Department of Public Health and Environment, stated the
lots will require engineered septic systems due to soils with fast perk rates. She reviewed the
various septic system options and stated the Beebe Draw Metropolitan District will also be
responsible for routine maintenance and assessing the homeowners when repairs are necessary.
Ms. Smith stated the applicant has also committed to including the septic systems of the First Filing
under the Metropolitan District's supervision for maintenance and repairs. Mr. Morrison clarified
this is a Substantial Change hearing, so testimony should be directed primarily toward the issues
that have been changed.
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Jim Fell represented the applicant and summarized the actions taken regarding the Change of
Zone for the First and Second Filings. Mr. Fell stated there are adequate utilities for each lot and
they intend to develop the site 30 lots at a time. He stated since denial of the initial request, he and
the applicant have worked to redesign the layout of the lots and open space.
David Klinger, land planner,stated in redesigning the site he determined it was better to reduce the
number of lots and increase the lot sizes and amount of open space. Mr. Klinger stated 57 lots
have been sold, 38 homes are occupied, and the average cost is$400,000. He stated 60 petitions
have been submitted in favor of this proposal, the density has been reduced by 20 percent, the
amount of open space has been increased by 60 acres for a total of 1,021 acres, and there will be
pedestrian and equestrian trails. Mr. Klinger stated the Metropolitan District will be responsible for
maintenance and repair of the septic systems, the minimum lot size has been increased to 2.5
acres, which complies with Weld County's minimum lot size for septic systems, and some lots are
as large as 6.7 acres. He stated the new design will reduce traffic by approximately 1,000 average
daily trips to and from the site, and a portion of the land has been dedicated to the school and fire
districts. Mr. Klinger submitted a series of maps, marked Exhibit E, and stated due to poor water
quality, the reservoir will only be used for boating. He stated there is established wildlife habitat,
and the developer has spent $1.6 million to improve the reservoir and surrounding structures.
David Shupe, soils engineer and septic design specialist, stated testing indicates the soil on the
site is predominantly blow sand for a depth of approximately 35 feet resulting in a rapid perk rate,
which is not conducive to septic systems. He stated the applicant intends to install a four foot thick
sand filter to slow the perk rate and provide adequate treatment. He further stated the design and
installation will be under the supervision of the Weld County Health Department and Beebe Draw
Metropolitan District. The maintenance and repairs will be monitored by the Metropolitan District,
with the cost assessed to the individual homeowners. He stated the groundwater quality will
continue to be monitored, the plan is in compliance with State and County Health regulations, and
he submitted a Sewage Disposal Report, marked Exhibit F. Responding to Commissioner Vaad,
Mr. Shupe stated the monitoring wells will allow the Metropolitan District to determine which system
is malfunctioning. Commissioner Vaad commented if the Board finds there has been a substantial
change, he would appreciate the applicant submitting an application which includes written
procedures on how septic malfunctions will be addressed.
Jacqueline Johnson,Attorney,stated she was a Weld County Commissioner in 1985 and she voted
in favor of the development. She stated the developer has done what was initially agreed to and
invested large amounts of money based on the commitments made by Weld County. She stated
following the denial of the Second Filing, the developer continued to work to address the new
concerns of the current Board of Commissioners. She stated this development will be constructed
over a number of years, so the impacts will not be immediate. Ms. Johnson stated the
homeowners, who have already purchased homes at great expense, are expecting the proposed
amenities will someday be in place. Ms. Johnson agreed with Commissioner Vaad's comments
regarding the need for a plan to address any malfunctions of septic systems. Mr. Morrison stated
if approved the service plan may need to be amended, and that may be a more appropriate place
to include a plan for addressing any problems.
Roy Wardell, surrounding property owner, stated he disagrees with Ms. Johnson because the
developer promised some things that have not been done. He stated the developer did not pave
the surrounding roads; the County ended up paving the roads. He further stated the County does
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not have a moral obligation to approve a development that is not beneficial to the County. Mr.
Wardell stated regardless of the proposed decrease in density, the overall impact will still be
significant. He stated the roads are not adequate to address the current or proposed traffic, this
is a rural area which will not be able to provide the necessary services, and the minimum services
are in the Town of LaSalle,which is approximately eight miles away. Responding to Commissioner
Jerke, Mr. Wardell stated the sandy soil makes it is very difficult to revegetate or landscape once
the topsoil has been disturbed. (Switched to Tape #2001-54.)
Jill Bailey,surrounding property owner,concurred with Mr.Wardell's comments and stated the soils
are not suitable for expensive homes which typically have extensive lawns and landscaping. Ms.
Bailey stated there will be increased traffic, which will create traffic hazards when added to the
existing agricultural traffic. She expressed concern regarding the School District's ability to obtain
the necessary funds to provide additional teachers, facilities, etc. She stated there are not
adequate community services to support this development.
Donna Harr,development resident,stated she has been successful in landscaping with appropriate
plants. She stated she is a member of the LaSalle Chamber of Commerce, the schools have
initiated an increase of wages for teachers effective this year, and they plan to do a school
expansion to handle this development and several others in the area.
Steven Cooper, development resident, stated he is aware of 17 residences which are already
occupied. He stated surrounding uses include nearby farms which use manure fertilizer, a car
junkyard, tire storage, dairy, and oil and gas facilities, all of which may be contaminating this
reservoir. He stated there may be some concern with the septic tanks, but there are adequate
regulations to ensure they are safe.
Carl Jepsen, surrounding property owner, stated he concurrs with all of the previous comments of
concern. He stated completion of this development will result in approximately 706 homes,which
is similar to a small town and should require a public sewer system. Mr. Jepsen stated the local
farmers organization has expressed concern with the water quality with Milton Reservoir, which is
approximately 80 percent sewage effluent. He further stated it is not realistic to avoid skin contact
when boating or fishing on the lake, the Weld County Department of Public Works referral has
indicated the roads need significant improvements to handle the additional traffic,and there needs
to be a retention ponds for runoff from the development. Mr. Jepsen submitted two letters from the
Colorado Geological Survey, dated March 6, 2000, and June 9, 2000, marked Exhibit G.
Ms. Harr questioned the plans for the open space and how it will be maintained.
John Jepsen, surrounding property owner, expressed concern with blowing dust once the soils
have been disturbed. He stated the proposed 20 miles of trails for hiking and equestrian uses will
need to be maintained to prevent wind erosion. Mr. Jepsen expressed concern with the proposed
septic systems, additional traffic conflicting with the existing agricultural traffic, and additional
expenses for the local school district. He stated the land donated to the school is not worth much,
and the applicant has changed their commitment to pave only Weld County Road 36 from the
development into the Town of Platteville once 100 homes have been built.
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Kent Cobern, Development Marketing Manager, stated there are 188 lots in the First Filing, two
have been used for the community building and entry house, 57 lots have been sold, 22 homes are
now occupied, and 16 homes are under construction. He stated there is an aggressive
revegetation program which will be implemented once the road work is completed, and he
submitted two photographs showing the progress of the revegetation program, marked Exhibit H.
Mr. Klinger stated the roads servicing this development are more than adequate for the amount of
traffic, livestock grazing is not permitted, excavation is limited to the house and septic system sites,
and the use of drought tolerant plants and zero scaping are promoted to reduce the demand for
water. Mr. Klinger stated water does not flow across the property because it is absorbed by the
sandy soil. He added all of the testimony indicates there has been a substantial change in the
overall application and the details can be discussed further at the Final Plan.
Mr. Morrison reviewed the findings which must be made regarding a substantial change. In
response to Commissioner Vaad, Frank Hempen, Jr., Director of Public Works, stated Weld
County Road 39 is classified as a collector status road,which has an Average Daily Traffic capacity
of 7,000 vehicles per day. He stated the count on Weld County Road 32 averages 2,000 vehicles
per day. In response to Commissioner Jerke, Mr. Hempen stated a traffic count is only one criteria
for determining a road classification; it also deals with connecting segments of the overall roadway
system.
Commissioner Jerke commented he feels there has been a substantial change, because the
amended proposal will result in fewer daily trips and the increased lot size will better address the
issue regarding septic systems.
Commissioner Masden concurred with Commissioner Jerke's comments and stated the applicant
has also proposed a better plan for installing and maintaining the sanitation systems. Mr. Morrison
stated there is litigation pending regarding the previous denial, and if granted, the Substantial
Change should be conditional upon the dismissal with prejudice of Weld District Court case
#00CV1126.
Commissioner Vaad moved approve the request of REI, Inc.,c/o Jim Fell,for a Substantial Change
Hearing #20 to consider 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, based on the recommendations of the Planning staff and the Planning
Commission as entered into the record, with approval effective upon the filing of a Motion to
Dismiss with prejudice Weld District Court case #00CV1126. The motion was seconded by
Commissioner Long, and upon a call for a vote, the motion carried unanimously. There being no
further discussion, the hearing was completed at 11:45 a.m.
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This Certification was approved on the 26th day of December 2001.
APPROVED:
`grE to BOARD WELD CO NTOUNTY Y, COLORADO COMMISSIONERS
9 �u?v"., o�'��
C M. J. ails, Chair
Weld Coll C k to the Board
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Glenn Vaad, Pro-lrr—
BY: ( —' g—K
Deputy Clerk to the Board '. / 1'r 7
William H. Jerke
TAPE #2001-53 and #2001-54 EXCUSED DATE OF APPROVAL
--
David E. ong
DOCKET#2001-88 1 . \\N‘
R bert D. Masden
2001-3490
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EXHIBIT INVENTORY CONTROL SHEET
Case SCH #20 - REI, LLC, CIO JIM FELL (BEEBE DRAW FARMS, 2ND FILING)
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 11/06/2001)
D. Clerk to the Board Notice of Hearing
E. Applicant Five photographs and site map
F. David Shupe Sewage Disposal Report
G. Jebsen Copies of two letters from Colorado
Geological Survey (03/06/2000 and
06/09/2000)
H. Applicant Two photographs of homes
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF DECEMBER, 2001:
DOCKET#2001-88 - REI, LLC, do Jim Fell (Beebe Draw, 2nd Filing)
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