HomeMy WebLinkAbout20002196.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND PLANNED UNIT DEVELOPMENT FINAL PLAN, S #525, FOR BEEBE DRAW
FARMS, SECOND FILING, FOR 536 LOTS - BEEBE DRAW FARMS, SECOND
FILING, C/O JIM FELL, REI, LLC
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, a public hearing was held on the 13th day of September, 2000, at
10:00 a.m. for the purpose of hearing the application of Beebe Draw Farms, Second Filing, Go
Jim Fell, REI, LLC, 11409 West 17th Place, Lakewood, Colorado 80219, requesting a Site
Specific Development Plan and Planned Unit Development Final Plan, S #525, for Beebe Draw
Farms, Second Filing, for 536 lots, for a parcel of land located on the following described real
estate, to-wit:
Sections 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, the applicant was represented at said hearing by Jim Fell, REI, LLC, and
WHEREAS, Section 28 of the Weld County Zoning Ordinance provides standards for
review of such a Planned Unit Development Final Plan, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Planning Commission and Weld County Department of Planning Services staff, and, having
been fully informed, moved to approve said Planned Unit Development Final Plan, and
WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13,
the concurrence of three of the members of the Board is required to approve a Resolution, and
WHEREAS, the motion to approve the application of Beebe Draw Farms, Second Filing,
do Jim Fell, REI, LLC, requesting a Site Specific Development Plan and Planned Unit
Development Final Plan, S #525, for Beebe Draw Farms, Second Filing, for 536 lots received
only two votes and therefore failed; and the effect of the failure to obtain a majority vote is a
denial of the motion for the following reasons:
1. The request does not conform with Section 28.14 of the Weld County Zoning
Ordinance as follows:
a. Section 28.14.1.6.1 - The proposed Planned Unit Development Final Plan
is not consistent with the Weld County Comprehensive Plan, in effect at
the time of the original change of zone which was adopted September of
1973. It is an urban-scale development outside of an Urban Growth
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PUD FINAL PLAN, S #525 - BEEBE DRAW FARMS, SECOND FILING
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Boundary area and not closely connected to, or served by, municipal
utilities. The proposal does not comply with the current Weld County
Comprehensive Plan. This is an urban-scale development that is not
adjacent to a municipality, and cost-effective services cannot be provided
this development. Agricultural Goal 3 intends to discourage urban-scale
development, whether it be residential, commercial, or industrial, which is
not adjacent to incorporated municipalities. Urban Growth Boundary
Goal (UGB) Goal 2 requires concentrating urban growth development in
or adjacent to existing municipalities or in the 1-25 Mixed Use
Development area.
b. Section 28.14.1.6.3 -The proposed Planned Unit Development Final Plan
is not compatible with the existing or future development of the
surrounding area as permitted by the existing zoning, or with the future
development as projected by the Comprehensive Plan and any other
applicable Weld County Ordinance in effect, or Master Plans of affected
municipalities, nor is it compatible with the future development as
permitted by existing Planned Unit Development Districts and plans of
affected municipalities. It is an urban-scale development outside of any
Urban Growth Boundary area of any municipality, and there would be a
negative impact to the farming community because the soils are very
fragile and subject to wind erosion.
c. Section 28.14.1.6.4 -The proposed Planned Unit Development Final Plan
does not conform with the performance standards in Section 35.3 of the
Weld County Zoning Ordinance.
1) Section 35.3.1 - The density and design of the proposal is not
compatible with uses, size, density, traffic, harmony, character,
landscape, health, safety, and welfare within and adjoining the
Planned Unit Development. The existing quality of water in Milton
Reservoir may be a health hazard to users of the recreational
facilities who are occupants of the Planned Unit Development,
and approval of 536 additional homes would not protect the
health, safety, and welfare of residents in the surrounding
neighborhood or County. There would be a significant increase in
traffic which would negatively affect the agricultural traffic in the
area and there would be a negative impact to the farming
community because the soils are very fragile and subject to wind
erosion. The dense number of septic systems may potentially
harm the soil and groundwater in the area. The demand for fire
and law enforcement protection has already increased without the
additional lots and those services cannot be adequately provided
to the additional residences. The schools have capacity issues
and the dedication of land proposed does not appear adequate to
mitigate the increased demand.
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PUD FINAL PLAN, S #525 - BEEBE DRAW FARMS, SECOND FILING
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2) Section 35.3.3 -The proposed Planned Unit Development is not
serviced by an adequate water or sewer system. The dense
number of septic systems may potentially harm the soil and
groundwater in the area. The applicant has not demonstrated the
availability of the drinking water supply and has not secured raw
water required to be dedicated to the water district before drinking
water can be supplied to the additional proposed lots.
d. The proposed Planned Unit Development Final Plan will be in compliance
with the Weld County Zoning Ordinance, Section 50, pertaining to overlay
districts. The site is not influenced by an overlay district.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Beebe Draw Farms, Second Filing, do Jim Fell,
REI, LLC, for a Site Specific Development Plan and Planned Unit Development Final Plan,
S #525, for Beebe Draw Farms, Second Filing, for 536 lots, on the above referenced parcel of
land be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /Ordei EXCUSED DATE OF SIGNING (NAY)
N <"ca% Barbara J. • meyer, Chair
Weld County Clerk to the .art /
trc1 ��(• G •�,G /Lt./ (NAY)
�p .�' . J. eile, Pro-Tem
BY: G:' •.0.+: A�1
Deputy Clerk to the B. . `
, -2:411i (AYE)
B xter •
APPR ED T ORM: (NAY)
Dale K. Hall
ounty Attorneyt,,,i 6�6� (AYE)
Glenn Vaad�---
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