HomeMy WebLinkAbout20002229.tiff HEARING CERTIFICATION
DOCKET NO. 2000-44
RE: PLANNED UNIT DEVELOPMENT FINAL PLAN, S#525, FOR 536 LOTS-BEEBE DRAW
FARMS, SECOND FILING
A public hearing was conducted on September 13, 2000, at 10:00 a.m.,with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Trevor Jiricek
Health Department representative, Pam Smith
Public Works representative, Frank Hempen, Jr.
Public Works representative, Don Carroll
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated August 28, 2000, and duly published August 31,
2000, in the South Weld Sun, a public hearing was conducted to consider the request of Beebe
Draw Farms, Second Filing, c/o Jim Fell, REI, LLC, for Planned Unit Development Final Plan,
S #525, for 536 lots. Lee Morrison, Assistant County Attorney, made this a matter of record.
Monica Mika, Director of Department of Planning Services, presented a brief summary of the
proposal and entered the recommendation of the Planning Commission into the record as written.
Ms. Mika gave a brief description of the location of the site, which is 2,317 acres in size, and she
reviewed the history of this development. She stated approval of the Second Filing will create a
total of 724 lots ranging from 1.6 to 3 acres. The applicant is also proposing recreational activities
including tennis, an equestrian center, trails, swimming, and boating. She further stated a
Homeowners' Association has been created to address maintenance issues, and horses will be
stabled on designated sites. Ms. Mika stated a sign for this hearing was posted on August 25,
2000, and although not all thirteen referral agencies responded, they have submitted comments
at different phases of this development. Ms. Mika further stated staff recommends approval of this
proposal; however, the Planning Commission's motion for approval failed five to two. She
explained the case was forwarded to the Commissioners based on staff's favorable
recommendation as indicated in the Administrative Review. Ms. Mika stated this case is unique
because the original Change of Zone was approved in accordance with the Zoning Ordinance
rather than the current Planned Unit Development Ordinance, therefore, the regulations for
compliance are different.
In response to Commissioner Geile, Ms. Mika stated the equestrian center was part of the original
application; however, the allowed uses need to be specified. She further stated nonresidents will
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be allowed to use the equestrian center for training horses, only residents will be allowed to use
the recreational vehicle storage area, and a 34-acre parcel of land will be dedicated to the School
District to compensate for future impacts. In response to Chair Kirkmeyer, Ms. Mika stated each
lot will have a tap from the Central Weld County Water District. She further stated all of the lots
in the First Filing have taps, the applicant proposes to obtain adequate water for each phase as
developed, and building within the Second Filing is anticipated to start in 2002. In response to
Chair Kirkmeyer, Mr. Morrison explained the Planning Commission modified staff's
recommendation prior to making the motion for approval; however, the motion failed to pass, so
there is not a positive recommendation. In response to Commissioner Geile, Ms. Mika stated there
is no water commitment for the Second Filing at this time. She further stated under current
procedures the Board would consider the availability of water during the Change of Zone phase;
however,the Change of Zone for this development was considered in 1983,and amended in 1989,
therefore, there are no previous tap commitments for Second Filing.
Pam Smith, Department of Public Health and Environment, stated staff has concerns with the
number of septic systems; however, the septic system envelopes have been addressed in the
Development Standards. In response to Commissioner Geile, Ms. Smith stated there are 17
homes built or under construction within the First Filing, and due to the type of soil,the percolation
rates are too fast, which will require engineered systems. Ms. Smith explained the septic system
design,which has an average life expectancy of 20 to 25 years, if properly maintained. She stated
Condition of Approval #1.P will require the applicant to submit long-term operation and
maintenance plans to the Health Department for review and approval, and added tests indicate the
water table is deeper than eight feet.
Frank Hempen, Jr., Director of Public Works, stated the applicant has agreed to an Improvements
Agreement for the roads, and in response to Chair Kirkmeyer, he stated a traffic study was
conducted. He indicated approximately 1,740 vehicles travel on Weld County Road 32 per day,
approximately 520 vehicles travel north on Weld County Road 39, and approximately 1,086
vehicles travel south on Weld County Road 39, for a total of 4,320 at full buildout. Responding to
Commissioner Hall, Mr. Hempen stated Weld County will only be accepting the main roads for
maintenance which will have a large impact; however, he is not certain of the actual amount of
revenue required to maintain the roads. Commissioner Hall stated it is unlikely this development
will generate enough revenue to cover the cost of services. In response to Commissioner Geile,
Mr. Hempen stated if this proposal is approved, Weld County will be responsible for cross road
drainage, as well as the internal part of the Metropolitan District. In response to Chair Kirkmeyer,
Mr. Hempen stated the anticipated amount of traffic will not warrant traffic signals, although
acceleration/deceleration lanes will be required. Responding to Commissioner Baxter,Mr.Hempen
stated Beebe Draw Farms Parkway does collect a large amount of the internal traffic and disperse
it to the various accesses from the site; however, it is not classified as a collector status road. Ms.
Mika confirmed the lots will range in size from 1.6 to 3 acres. In response to Commissioner Geile,
Ms. Mika stated the marina will be built in accordance with the Corps of Engineers, and added
Weld County will not require permits for the marina. In response to Chair Kirkmeyer, Ms. Mika
stated the Beebe Draw Metropolitan District addresses municipal type issues such as street signs,
public rights-of-way, and lot maintenance, and added there is a 34-acre site designated for a law
enforcement agency. Mr. Morrison stated there is a separate Beebe Draw Law Enforcement
Authority District, which was debruced a year ago in anticipation of the forthcoming homes.
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Jim Fell, REI, LLC, represented the applicant and stated many questions have been addressed
since the Planning Commission Hearing and added the Beebe Draw Metropolitan District entered
into an Improvements Agreement to ensure the roads and other improvements are complete at full
buildout. Mr. Fell stated the applicant has already constructed acceleration/deceleration lanes at
the main entrance of the site for traveling safety, and has already addressed internal drainage. Mr.
Fell further stated the Metropolitan District has committed trash removal during and after
construction, as well as maintaining each of the septic systems. He stated the marina is currently
under construction, boats are limited to five horsepower engines,the reservoir is stocked with fish,
there are floating docks to accommodate changing water levels due to irrigation, and it is all in
accordance with the Corps of Engineer regulations. Mr. Fell stated there is a contract with the
Weld County Sheriff's Office to provide assistance during certain situations, and they are
authorized to use the on-site security station. Commissioner Geile reviewed the services that were
supposed to be established by the Metropolitan District. Mr. Fell stated the Covenants do not
address the maintenance of the septic systems; however, due to the fact that this was an issue of
concern, the applicant is now willing to hire a firm to oversee the maintenance schedule and
treatment. He further stated the site will also be monitored by a private guard service 12 hours per
day. In response to Chair Kirkmeyer, Mr. Fell reiterated the Metropolitan District will be responsible
for trash removal.
Kent Colburn, Marketing Specialist for the development, submitted marketing research and
advertising, marked Exhibits E, F, G, and H. Mr. Colburn stated there are many people who are
searching for affordable country acreage which this Planned Unit Development offers. He stated
the First Filing was approved for 188 lots, and buyers of those lots are provided with all of the
necessary information. Mr. Colburn reviewed the marketing and sales approach, and stated the
first residents moved in last December, there are nine families already living at the site, three
homes are under construction, and six residences are being designed. He further stated there are
only 17 lots left of the first 63 listed for sale, and added the development has hosted several events
to raise money for charities throughout Weld County. In response to Commissioner Geile, Mr.
Colburn stated they originally anticipated approximately 21 percent of the residents would be horse
owners; however,that amount has been much lower than anticipated,and he explained all manure
will be hauled off the site. Responding to Chair Kirkmeyer, Mr. Colburn stated these are affordable
country acreage lots, which are difficult to find in the front range area.
Wayne Lorenz, Wright Water Engineers, stated he is a registered professional engineer. Mr.
Lorenz stated the septic systems will comply with the Weld County Individual Sewage Disposal
System regulations and will not adversely affect the groundwater. He stated there is adequate
room for primary and secondary absorption fields, and added the soil boring results indicate there
is no ground water or bedrock above 15 feet deep. Mr. Lorenz stated the soil is very sandy which
results in very fast percolation rates that do not comply with the regulations; however, engineered
systems will adequately address this situation. In response to Commissioner Hall, Mr. Lorenz
stated the existing homes are using engineered systems,and he reviewed the various engineered
system types that may be used in this situation, which may add $1,000 to $1,500 dollars in cost.
Mr. Lorenz stated the regulations are designed to ensure septic treatment occurs within the first
three to six inches, and reiterated these systems will also have another three and one-half feet
below the treatment zone for further cleansing. In response to Commissioner Geile, Mr. Lorenz
stated he is not aware of the specific terms of the agreement for water augmentation. Chair
Kirkmeyer referred to a letter from the Division of Minerals and Geology, dated March 6, 2000,
expressing concern regarding soil conditions. Mr. Lorenz stated he has no evidence to show that
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engineered septic systems will not work in this area. He further stated the leach fields do filter out
most bacteria from domestic waste water, and the efficiency in filtering smaller viruses is still being
researched. In response to Commissioner Baxter, Mr. Lorenz reviewed how the percolation rate
determines the efficiency and of water treatment, and stated septic systems will have less of an
impact on the environment than a central sewer treatment facility.
David Shupe, J L Walter Consulting, LLC, stated he has been designing and installing septic
systems since 1964 and helped write the first State septic regulations in 1966. Mr. Shupe
explained the lifetime of a septic system is primarily determined by periodic pumping and
maintenance. He reiterated that the applicant is proposing an inspection and maintenance
schedule to be overseen by the Metropolitan District, which is ideal for handling a large number of
systems. He further stated the sandy soil in this area is an ideal filter, and in this case there is an
additional 15 feet of soil through which water will pass before re-entering the water system. Mr.
Shupe stated 724 septic systems will have less of an impact than a treatment center, which he
does not feel the State would approve. In response to Commissioner Hall, Mr. Shupe stated there
are a couple of European studies regarding the effects of a high density of septic systems;
however, they are inconclusive. He stated approximately one-third of all American homes use
septic systems, septic systems are tested after the ground has been saturated for at least 24
hours, and the septic regulations require an over-design factor so the systems are often more
effective than what is needed. In response to Commissioner Baxter, Mr. Shupe stated
approximately eight to thirty percent of the moisture evaporates depending on soil type and whether
the surface area is planted.
Chair Kirkmeyer requested that any member of the audience that cannot return after 1:30 p.m. to
speak regarding this matter come and make their comments.
Jane Evans Cornelius, surrounding property owner, referred to her letter, marked Exhibit 40. She
stated the Metropolitan District was designed with the intent of being turned over to the
Homeowners'Association for management, so it appears the law enforcement and maintenance
enforcement may end at some future date. Ms. Cornelius stated although there was extensive
marketing to promote this development, there have been very few homes sold, and due to a bond
there may be very high property assessments. Ms. Cornelius also expressed concern with
contamination of Milton Reservoir,and cited an incident last year when many waterfowl were killed.
She stated residents need to be notified that the reservoir is drained for irrigation, so water levels
will vary throughout the year, and she added that if this is approved, the completed development
will be larger than many of the surrounding municipalities and yet it will rely on the general services
of those municipalities.
James Oster, surrounding property owner, referred to a letter he submitted at Planning
Commission,marked Exhibit 41. Mr.Oster expressed concern regarding increased traffic on Weld
County Road 43 which is dirt and poorly graded. He stated this road is used to get to Evans and
Greeley to avoid railroad crossings in the Town of LaSalle, and yet maintenance of this road has
not been addressed. Mr. Oster stated water for maintenance of yards will be very costly, the soil
is very sandy and tends to blow and drift, therefore, it will not support grazing of horses. Mr. Oster
stated the site has been historically prone to lightning strikes, he is concerned with the potential
impact to local schools, and the right to farm may be contested by new residents who do not like
the adverse effects of country living. He also expressed concern with recreational use of Milton
Reservoir because it is primarily used for irrigation, and weed control.
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Lelia Oster, surrounding property owner, stated she agrees with her husband's comments and
expressed further concern regarding traffic accidents due to irresponsible driving and disregard of
traffic stop signs. She reiterated the services provided to this development need to be funded by
the development and new residents, not the local farming community.
Chair Kirkmeyer recessed the meeting until 1:30 p.m.
J.L.Walter,Landmark Engineering,reviewed the layout of waterlines throughout the development,
which have been reviewed by the Fire Protection District. He stated the development has been
divided into phases to allow the construction of the infrastructure and minimize the amount of area
disturbed. Mr. Walter stated the areas are reseeded and maintained as construction is completed,
and future maintenance will be enforced through Covenants and the Homeowners' Association.
In response to Commissioner Vaad, Mr. Walter stated he is employed by the Metropolitan District
as the on-site construction manager, and he is a part-time staff engineer for the Central Weld
County Water District. He further stated the Water District sells water taps to individual
homeowners, and each is allowed a certain gallon allotment. If that amount is exceeded, the
homeowner is assessed additional charges. Responding to Commissioner Baxter, Mr. Walter
stated the natural grasses will not be disturbed because grazing will not be allowed on the
individual lots; horses will have to be housed in stables. In response to Commissioner Geile, Mr.
Walter clarified he is not an official representative of the Water District. He further stated the
houses will not require fire sprinklers,and the infrastructure for the First Filing is not complete since
it is being done in phases. In response to Commissioner Baxter, Mr. Walter stated the proposed
water system will be served by the Central Weld County Water District which will be adequate for
full build out. In response to Commissioner Hall, Mr. Walter stated the applicant has acquired
water for the First Filing, and will have to provide one share of Big Thompson water for each tap
of the Second Filing, and each tap costs approximately $12,500.00.
Aaron Thompson, Milestone Engineering, stated he designed the site, and coordinates with
contractors as the development progresses. Mr. Thompson stated the applicant has worked with
Planning Services to bring the remainder of the development up to date with current regulations
since it was last considered in the 1980's. In response to Commissioner Geile, Mr. Thompson
stated there are approximately eight miles of road in the First Filing and approximately 13 miles of
road in the Second Filing. He reviewed the primary accesses into the development, and stated
there will be a total of 21 miles to be maintained by Weld County. In response to Commissioner
Baxter, Mr. Thompson stated he agrees with the traffic study results submitted by the Department
of Public Works, and added the terms of the Improvements Agreement are based on those
findings. In response to Commissioner Vaad, Mr. Thompson stated all drainage will be managed
on site.
Mr. Fell stated he acquired shares of Big Thompson water in the open market to be given to
Central Weld Water District in exchange for taps, which he intends to do for the Second Filing.
Responding to Commissioner Geile,Mr. Morrison stated there is a limit to the number of mills which
can be passed on to the property owners. Mr. Fell reviewed the financial status of the Metropolitan
District and reiterated that because the development is done in phases, the District is not in debt.
Responding further to Commissioner Geile, Mr. Fell stated the Metropolitan District is intended to
be perpetual for the benefit of the residents. In response to Commissioners Baxter, Mr. Fell stated
Milton Reservoir will be tested for health standards. Responding to Commissioner Hall, Mr. Fell
stated he did not own the property when the original application was approved. He stated the
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Board at that time found that the proposal did comply with the regulations. He further stated the
development will be attractive, and he feels it is compatible with the Comprehensive Plan. In
response to Chair Kirkmeyer, Mr. Fell stated the site is located six miles east of the Town of
Platteville and eight miles south of the Town of LaSalle.
Donita Paranto, resident, stated she was the fourth resident to move into the development. She
stated they intend to contribute, not hinder existing communities. Ms. Paranto further stated her
children are eight and ten years old, and she appreciates the atmosphere for raising her children.
She indicated the developer did advise them of all the benefits, as well as taxes and surrounding
uses. Ms. Paranto stated she has lived in the Beebe Draw Farms Planned Unit Development for
approximately six months, and estimates that her family has invested approximately $40,000.00
into the surrounding communities. She added that neighboring towns appear to be pleased with
the development.
Gary Doering, future resident, stated the country acreage is affordable, and added that although
he understands the neighbors may not want subdivision in the area, he has made investments in
the area. Mr. Doering further stated the developers are working to keep the ground seeded and
maintained. In response to Commissioner Geile, Mr. Doering stated he purchased a lot in the First
Filing.
David Seiler, School District RE-1, stated this project started in 1985, and if the Final Plan is
approved, 36 acres will be designated for use by the School. Mr. Seiler stated the previous and
current owners have provided bus pickup/dropoff sites and widened the street for a turnaround
area. He stated at full buildout the School District will need two additional classes for each grade
from Kindergarten through fifth, and five new classes in both the middle school and high school.
Mr.Seiler stated the School District boundaries were recently changed to include this development,
and although the growth will likely require more buildings and another bond issue, the value of the
36-acre parcel will be used to purchase property at a different site. In response to Chair Kirkmeyer,
Mr. Seiler stated the 36 acres will compensate for impact fees that will not be charged, although
he is not sure how much the property is actually worth. Ms. Mika stated the school site is dedicated
for future public use, and the Change of Zone Permit would need to be amended if used for
anything other than a school or law enforcement.
Karl Jepsen II, surrounding property owner, referred to the Canal Right-of-Way Agreement, dated
May 3, 1985, and asked how that may affect his property. Mr. Jepsen expressed concern with
contamination of groundwater based on the shallow design of the septic systems, and the overall
density. (Switched to Tape#2000-27) Mr. Jepsen stated due to the location of the site, there will
likely be poor response times from law, fire, and medical services. He further stated Milton
Reservoir is not suitable for recreational uses,and he asked who will be responsible for testing and
monitoring the water. Mr. Jepsen also expressed concern with new residents having dogs and
children that may harm his cattle, and conflicts between the residents and the local hunt club that
uses the reservoir during hunting season. After reviewing the Canal Right-of-Way Agreement, Mr.
Morrison stated the document referred to 36 acres of right-of-way being obtained; however, it
appears only a small portion of that belongs to the Jepsen Farm.
Janet Frazer, surrounding property owner, stated she agrees with the letters of opposition
submitted by James and Lelia Oster and Jane Evans Cornelius. She expressed concern regarding
the impact a mass number of septic systems may have on her dryland property,which is only one-
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half mile away. She stated the traffic study did not consider potential use on Weld County Roads
40 and 43, which are more direct routes into the Cities of Evans and Greeley, and recreational
activities on Milton Reservoir may be hazardous due to the water quality. She stated 788 homes
will have an impact on the oil and gas operations, her Right to Farm, and local wildlife.
Dan Oster, surrounding property owner,stated he represents the Platte Valley Irrigation Company
and is a member of the Weld County Council. Mr. Oster stated many County residents have
expressed their concern to him regarding this proposal because of the potential effects it may have
on private wells and oil and gas operations. Mr. Oster stated although the development is located
on non-productive farm land, it is too dense for the soil type. He further stated homes sales within
the First Filing have been less than five percent, and added the existing residents may like the
atmosphere once 700 more residents move in. Mr. Oster stated this proposal will adversely affect
County services,and he suggested this matter be delayed to determine whether there is a demand
for homes within the First Filing. In response to Commissioner Geile, Mr. Oster stated he is
opposed to the proposal, and he is not an official representative of the Weld County Council to
speak to this matter.
Roy Wardell, surrounding property owner,expressed concerns with a lack infrastructure to service
the development, impacts to the neighboring towns and agricultural operations, the density of
septic systems, and poor soil conditions. He stated the initial approval required the applicant to
pave surrounding County roads, which was never done, and was ultimately done by the County.
In response to Commissioner Baxter, Mr. Wardell stated this parcel only small portions of the site
have been farmed in the past, and added that some years Milton Reservoir is dry due to drought.
Kay Cornelius, surrounding property owner, stated she is a shareholder of the Farmers Reservoir
and Irrigation Company (FRICO), which owns Milton Reservoir. She explained the Reservoir is
currently leased by the applicant; however, if the lease is not renewed, the proposed uses of the
Reservoir may no longer be allowed. Ms. Cornelius expressed concern with underground water
contamination caused by a large number of lawns requiring maintenance and fertilizers, and she
submitted a petition, marked Exhibit J, expressing opposition to the development. Ms. Cornelius
stated the sand hills are very fragile and beautiful, and although she not completely opposed to
growth; more than 700 homes is too many for this area.
John Moser, surrounding property owner, indicated there are numerous agricultural operations in
the surrounding area which may cause conflicts with residents in the future. He stated these
operations are required to submit applications to the Board of Commissioners for expansion and
he is concerned the new residents may be opposed.
John Jepsen,surrounding property owner,stated the property taxes from this development will not
adequately address impacts made on local services. He indicated that agricultural and oil and gas
operations compensate for more of the expenses than residential uses. Mr. Jepsen stated both
the septic tanks and leach fields need to be tested, and he expressed concern with damage to
native grasses. He further stated the soil will not support large plants, therefore, trails and picnic
areas will be bare and subject to blowing dirt. Mr. Jepsen expressed concern with Weld County
being required to maintain the roads, low water levels in the Reservoir due to irrigation, poor water
quality, and conflicts between residential and agricultural traffic. He further stated the designated
school site cannot be used by the School District due to septic issues, and added that although the
new residents want a rural setting, livestock will not be allowed on many of the lots.
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Gary Wardell, surrounding property owner, stated it would have better if this development had
never been approved, and he shares many of the same concerns already expressed. Mr. Wardell
stated the School District should be better compensated,and although new residents will financially
contribute to the surrounding area, he is not sure how effective the tax base will be for Weld County
services. Mr. Wardell stated there will be an incredible impact to current residents of the area,
there may be issues with groundwater contamination, primarily along the canal and reservoir, and
the developer needs to be sure the disturbed soil is reseeded and maintained. Mr. Wardell stated
he is not opposed to growth, but he feels it should proceed slowly and reasonably. There being
no further comments, Chair Kirkmeyer closed public testimony.
Mr. Fell reiterated the Board has heard testimony from experts regarding the design and density
of the proposed septic systems, which indicated they will be adequate for this area. He stated the
ground is reseeded as necessary to prevent dust from blowing, there is adequate water, the
infrastructure is in place to bring water to the site, and it is paid for. Mr. Fell stated one of the water
lines has been extended to a nearby dairy operation, and there is an Improvements Agreement to
address future traffic issues. He further stated the Weld County Sheriffs Office has been provided
with a security office which they can use as a substation to serve the local area, and the requests
of the School and Fire Districts have been addressed. Mr. Fell explained the delay between the
initial approval and today's hearing was due to financial problems of the previous owner; however,
he has followed through on the permit and done all that has been required. Mr. Fell stated the
initial plans did consider a golf course; however, he did not think it was a practical idea, and he has
not misled potential residents into thinking that the Reservoir will always be full. In response to
Commissioner Geile, Ms. Mika stated the original Change of Zone was approved for up to 801
homes with the option of phasing the development. Commissioner Geile commented the
promotional advertisements indicate there will be 800 homes although the Final Plan has not yet
been approved. In response to Commissioner Vaad, Mr. Fell stated if the lease for the Reservoir
is not renewed, the new lessee will need to pay the Metropolitan District for the improvements that
are in place. In response to Commissioner Geile and Chair Kirkmeyer, Mr. Fell stated they have
not sold any lots in the Second Filing; however, 47 lots were sold in the First Filing during the first
year. Commissioner Baxter clarified that a note was submitted by Mr. Wardell requesting
discussion regarding how many horses will be allowed on each lot. Mr. Fell stated one horse will
be allowed per acre; however, no grazing will be allowed. He further stated that some of the lots
have been designated as horse lots with stables, which border the open space for easy access to
the trail. Responding to Commissioner Hall, Mr. Fell clarified there are some four-acre lots in the
First Filing, but none of the lots in the Second Filing are over three acres.
In response to Commissioner Vaad, Mr. Morrison stated if this development were to fail,the liability
cost which could be passed to the existing homeowners is limited to a 50.0 mill levy. Commissioner
Vaad commented the mill levy is currently at 40.0 mills. Responding to Chair Kirkmeyer, Mr.
Morrison stated the Metropolitan District has two tiers in that the developer will remain in control
of the operating functions and assessment will be controlled by the Homeowners' Association.
Responding to Commissioner Geile, Mr. Morrison stated the Change of Zone did not commit the
Board to approving the remaining phases. In response to Chair Kirkmeyer, Ms. Mika stated the
Board should follow the criteria listed in Section 28.14 of the Zoning Ordinance to remain consistent
with the original Change of Zone. Responding to Commissioner Baxter, Mr. Morrison stated the
Board needs to determine whether the Final Plan conforms to the Comprehensive Plan as it existed
at the time of the Change of Zone. He further stated the current Comprehensive Plan did not exist
at the time the Change of Zone was approved, and the Change of Zone does not imply that the
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subsequent Final Plan will be approved if it does not comply with Section 28.14 of the Zoning
Ordinance. Responding to Commissioner Hall, Mr. Morrison stated the Final Plan needs to be
consistent with the Comprehensive Plan as it existed in 1983, and the current requirement that
action begin within three years does not apply to this case. In response to Commissioner Geile,
Mr. Morrison stated the health, safety and welfare of the residents of Weld County were items of
compliance. He further stated the old Comprehensive Plan also required developments be located
adjacent to existing municipalities. In response to Commissioner Baxter, Mr. Morrison stated
Section 28.14.1.6.6 concerns whether the application materials adequately address the issues
being considered.
Commissioner Vaad moved to approve the request of Beebe Draw Farms, Second Filing, do Jim
Fell, REI, LLC, for Planned Unit Development Final Plan, S #525, for 536 lots, based on the
recommendation of the Planning staff, as well as the failed recommendation of the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. The motion was seconded by Commissioner Baxter. Commissioner Vaad commented that
although this proposal will generate more housetops than what exists in some of the surrounding
towns,he understands that the developer was under the impression that the Change of Zone would
allow him to proceed to full build out. Commissioner Vaad further stated he has heard adequate
testimony regarding the adequacy of septic systems, and a letter from the former Director of the
Health Department indicates the individual septic systems would be acceptable. The Department
of Public Works has indicated the traffic amount will increase; however, it does not warrant traffic
lights, and the Department of Planning Services has indicated that the applicant has met staff's
requirements in excess of the original requirements. Commissioner Vaad further stated the Board
which approved the Change of Zone found that the application did comply with the policies in effect
at that time. Commissioner Baxter stated he has significant concerns with the density of the
development; however, the zoning was approved by a previous board and it is difficult to reverse
now. He stated it does not appear that the current Board has the authority to change the density
at this point; therefore, he will continue to support the motion. Commissioner Hall stated Planned
Unit Development zoning does not seem appropriate because it is in the middle of an agricultural
area;however,it was approved. Commissioner Hall reviewed the Sections which must be complied
with, and stated this development is not consistent with the existing Comprehensive Plan or future
development, this is an urban-scale development that is not adjacent to a municipality, and it will
not provide cost-effective services. Commissioner Hall stated A.Goal 3 indicates to discourage
urban-scale development,whether it be residential, commercial,or industrial,which is not adjacent
to incorporated municipalities. He further stated UGB.Goal 2 requires concentrating urban growth
development in or adjacent to existing municipalities or in the 1-25 Mixed Use Development area.
He also indicated the Residential Goals recommend developments be cost effective, and stated
this development will not be cost effective for Weld County. An additional 21 miles of urban-type
roads will be maintained by Weld County, water will be used for residential purposes rather than
agricultural purposes,there is potential for groundwater contamination by the septic systems,there
will be an increased demand on the Sheriff's Office which already has limited services, and
approval of any more lots will have an adverse effect on the surrounding property owners.
Commissioner Geile stated there have been significant changes since 1983 due to growth. He
stated there is a higher demand for water, the dense number of septic systems may potentially
harm the soil and groundwater in the area, transportation and road maintenance has increased
significantly due to growth, there is a higher demand for fire and law protection, schools are facing
capacity issues and in this case, it does not appear that the School District is being adequately
compensated, and the quality of water in the reservoir may be a health hazard. Commissioner
2000-2229
PL0003
HEARING CERTIFICATION - BEEBE DRAW FARMS, SECOND FILING (S #525)
PAGE 10
Geile stated due to the many changes since the Change of Zone was approved, he does not feel
that approval of 536 additional homes would promote the health, safety, and welfare of residents
in the surrounding neighborhood or County, therefore he does not support the motion. Chair
Kirkmeyer commented that approval of the Change of Zone in 1983 resulted in faulty zoning and
the final plan process is in place to ensure that the proposal and application still meets the intent
of the criteria and policies of the Zoning Ordinance. She stated although the Change of Zone was
approved, she does not think it would be responsible for the Board to allow the development to
continue beyond the existing 188 lots. Chair Kirkmeyer concurred with the statements made by
Commissioners Hall and Geile, and stated the applicant has not demonstrated compliance with
Sections 28.14.1.6.1, 28.14.1.6.3, 28.14.1.6.4, 35.3.1, and 35.3.3. She stated it is an urban-scale
development outside of an Urban Growth Boundary, there will be a negative impact to the farming
community, the soils are very fragile, there would be a significant increase in traffic which would
negatively affect the agricultural traffic in the area, 536 taps would drive up the cost of water for
existing residents, the developer does not have the water for the remaining lots, and the
development is too dense for septic systems, therefore, she will vote against the motion.
Chair Kirkmeyer called for a vote on the motion. The motion to approve the request of Beebe Draw
Farms, Second Filing, Go Jim Fell, REI, LLC, for Planned Unit Development Final Plan, S #525,
for 536 lots, based on the recommendation of the Planning staff, as well as the failed
recommendation of the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record received two votes with Commissioners Vaad and Baxter in
favor, and Commissioners Kirkmeyer, Hall and Geile opposed, and therefore failed. The effect of
the failure to obtain a majority vote is a denial of the motion.
This Certification was approved on the 18th day of September 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /,\
EXCUSED DAT OF APPROVAL
`'\e Barbara J. Kir eyer, Chair
Weld County Clerk to the'Bo f ;? :.< . Fes"
`LAC �1-1 —._
� � • . J. ile, Pro-Tem
BY:
Deputy Clerk to the B ( I% �r r C-
�� eorge . Baxter
TAPE #2000-26 and #2000-27
Dale K. Hall
DOCKET #2000-44 /�/i (/,any
Glenn Vaad
2000-2229
PL0003
EXHIBIT INVENTORY CONTROL SHEET
Case S #525 - BEEBE DRAW FARMS, SECOND 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 09/05/20001_
D. Clerk to the Board Notice of Hearing
E. Kent Colburn Newsletter for Demographic Data F. Kent Colburn Marketing Brochure
G. Kent Colburn Advertisement ---
H. Kent Colburn Advertisement ---
I. Janet Frazier Advertisement from Denver Post
J. Kay Cornelius Petitions (9 pages)
K. ----
L. ---
M. ---
N. ---
a ---
P. ---
O. ---
S. ----
T. ---
U. ---
V ---
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF SEPTEMBER, 2000:
DOCKET#2000-44 - BEEBE DRAW FARMS, SECOND FILING
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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