HomeMy WebLinkAbout991651.tiff HEARING CERTIFICATION
DOCKET NO. 99-44
RE: APPROVE CONSOLIDATED SERVICE PLAN OF BEEBE DRAW FARMS
METROPOLITAN DISTRICT NO. 1 AND BEEBE DRAW FARMS METROPOLITAN
DISTRICT NO. 2
A public hearing was conducted on July 21, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 25, 1999, and duly published June 30, July 7,
and July 14, 1999, in the Fort Lupton Press, a public hearing was conducted to consider the
Consolidated Service Plan of Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw
Farms Metropolitan District No. 2. Lee Morrison, Assistant County Attorney, made this a matter
of record and stated State statute authorizes the Board of Commissioners to approve the service
plan and consider the request of any residents desiring exclusion from the district. He explained
one property owner was improperly noticed and her property is not included in the district. Julie
Chester, 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. In response
to Commissioner Kirkmeyer, Mr. Morrison stated District No. 1 is the financing district and District
No. 2 is the operating district. He stated the Change of Zone was approved in 1985 and the First
Filing is underway. The Second Filing is still in the sketch plan phase. In response to
Commissioner Kirkmeyer, Mr. Morrison stated the applicant has the burden of showing that it has
the ability to discharge the proposed indebtedness on a reasonable basis; the financing boundary
will remain the same and over time the operating boundary will decrease as the area is developed.
Mr. Morrison explained if the applicant intends to expand, State statute requires the applicant to
notify affected entities and at that time, Weld County can address any concerns and request
changes be made to the proposed service plan.
Paul Cockrel, Attorney, represented the applicant and submitted a certificate of mailing, marked
Exhibit E. He stated the district already exists and was designed to provide various services, such
as roads, water, etc., for the development; Exhibit A, Figure 2 shows the boundaries; and he
referred to the vicinity map to indicate the location of the district in relation to surrounding
municipalities. Mr. Cockrel stated the applicant is restructuring the service plan because it is out
of date and does not adequately address the construction activity taking place. He further stated
the plan allows for the various service facilities to be constructed over time as needed with the
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expanding development. Mr. Cockrel explained District No. 1 will have the same tax levy and, as
lots within District No. 2 are sold and developed, they will be incorporated back into District No. 1.
He stated this service plan will better address the current financial needs of the development,
provide for water acquisition, increase the anticipated costs for roads and water, emphasize more
diverse uses besides the equestrian center, provide for the construction of facilities when there is
a demand, and make capital facilities more compatible with the land. Mr. Cockrel stated Exhibits
E and F of the service plan are the Developers Fee Agreement and Financial Plan, which indicate
the project will be cash funded and allow for adjustments in construction in relation to demand and
inflation. He further stated there is an agreement with the Central Weld County Water District
which will entirely operate the water system; any water purchased will be transferred to the
Northern Colorado Water Conservancy District for use in the future; a two-year environmental
impact study was conducted to ensure the preservation of a wildlife corridor and trails; and the
County LEA provides for additional funds to be paid to Weld County to provide additional services
to the development. In response to Commissioner Geile, Mr. Cockrel stated bonds were issued
in 1998 in the amount of $2 million, and there is no limit on the mill levy for existing residents;
however, the applicant does not anticipate that it will increase above 40 mills and should actually
decrease over time. Responding further to Commissioner Geile, Mr. Cockrel stated the developer
will pay the tap fees, and the septic systems have been reviewed and approved by the Weld
County Department of Public Health and Environment.
In response to Commissioners Geile and Baxter,Aaron Thompson, Milestone Engineering, stated
the development will total 724 lots at full build-out, the First Filing will total 188 homes, Phase One
has ten or twelve homes already built, and the septic systems do not require an engineered design
because the site has good soil. Responding to Commissioner Vaad, Mr. Thompson stated the
smallest lot is a little less than two acres in size. In response to further questions from
Commissioner Vaad, Mr. Morrison stated all developments located in Weld County are under the
Northern Colorado 208 Water Quality Plan and Jim Fell, President of Beebe Draw Farms
Metropolitan District, has indicated there is a letter in the file from the Water Quality Board;
however, Mr. Morrison explained said Board generally reviews water treatment facilities rather than
individual septic systems. Mr. Cockrel agreed with Mr. Morrison. Mr. Fell stated the Northern
Colorado Water Quality Board replied favorably to a referral sent by the Department of Planning
Services; however, it is requiring the applicant to drill 50 more sites to determine the suitability of
the soil and water in the Second Filing. In response to Commissioner Vaad, Mr. Cockrel stated
aside from the $2 million General Bond, the developer will use short term financing or cash fund
the project. Responding to further questions from Commissioner Vaad, Mr. Fell stated there was
a home which had the message, "Go back to Denver,"written on it and was later burned; however,
since that time, the purchaser has requested the developer rebuild the home, and there is a guard
system in place to prevent further vandalism. (Switched to Tape #99-26.) Responding to
Commissioner Geile, Mr. Fell stated the guard service employed by the developer is also employed
by one of the surrounding dairies which is approximately four miles away. He stated that although
there is a law preventing people from filing lawsuits against agricultural establishments, the
incoming residents are informed that the area is mainly rural and agricultural in nature. Mr.
Morrison stated the Right To Farm Covenant will be placed on the Second Filing Plat which is
currently in the sketch plan phase. In response to Commissioner Kirkmeyer, Mr. Fell stated the
original Planned Unit Development proposed 800 lots; however, while designing the plat it was
realized that there were not 800 suitable lots and the amount was reduced to 725. Commissioner
Kirkmeyer commented that Section 2.6 of the draft resolution uses the word"inadequate"; however
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METROPOLITAN DISTRICTS NO. 1 AND NO. 2
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the Planning Commission minutes indicate the services are adequate. Mr. Morrison stated item
#2 of the Planning Commission Resolution is incorrect and the draft resolution is correct, the
applicant must follow the statutory requirements for expanding the development and, upon
notification, the Board can request an amendment to the Service Plan if it has concerns. If the
statutory requirements are not met, the developer cannot expand. Mr. Cockrel clarified that the
statute does not require approval from the Board of Commissioners; however, he stated the
developer does not intend to expand beyond incorporating adjacent properties which petition to be
included in the district. Mr. Morrison stated the statute allows 45 days for notified parties to go to
Court to request changes to the Service Plan. Mr. Cockrel added the Board will have discretion
as to what qualifies as a material deviation from the plan. Responding to Commissioner Kirkmeyer,
Mr. Cockrel stated the plan does not include a provision for a sanitary water facility and if one was
necessary the applicant would be required to come before the Board regarding the modification.
In response to further questions from Commissioner Kirkmeyer, Mr. Warden stated he did submit
a memorandum dated April 2, 1999, expressing his concerns with the plan; however, since that
time,the applicant has addressed all of his concerns, as stated in his memorandum to Mr. Morrison
dated May 17, 1999.
Harold Evans, represented the Beebe Draw Gun Club and requested the applicant address the
accumulative effect of 725 septic systems which will likely follow the natural drainage leading to the
gun club property. Mr. Evans stated the gun club has been in existence since 1961, is located on
approximately 300 acres, one-half of which is wetlands. He further stated the entire area is
connected through underground water systems and if the septic systems are not maintained and
fail, the gun club wildlife will be dramatically affected. In response to Chair Hall, Mr. Morrison
stated this concern may be more appropriately addressed in a land use hearing; however, the
service plan being considered today is a financial issue and it does not address an alternate plan
for a sewer system. Mr. Cockrel stated this concern is not relevant to today's hearing because
there is no need for a water treatment facility, and the applicant is not required to create a plan
which addresses everything in detail. He stated the systems will be monitored by the local and
State health departments. Mr. Evans stated he is not concerned with the individual septic systems;
however, there is concern regarding the accumulative effect of many systems concentrated into
one area. In response to Commissioner Vaad, Mr. Fell stated the Water Quality Board is requiring
that 50 additional drill sites be tested, a two-year environmental assessment requires the applicant
to make necessary alterations to ensure the habitat would be preserved, and a drainage system
was designed and is available for surrounding property owners to review. Commissioner Baxter
read a portion of the letter from the Colorado Department of Natural Resources, dated May 25,
1999, for the record regarding the requirement of drilling 50 bore holes. Mr. Fell stated based on
the test results, some areas require the addition of clay to the soil to ensure slow drainage within
the septic system, and the drainage is being directed towards an area that is adequate for
containment. Commissioner Kirkmeyer commented there are no studies indicating the
accumulative effect of so many systems concentrated together. Commissioner Baxter commented
that septic systems in Weld County tend not to flow anywhere and when they are saturated, a new
one is constructed. Chair Hall stated the letter dated May 25, 1999, referred to by Commissioner
Baxter also indicates a water treatment facility may be a better option than septic systems.
Jane Evans-Cornelius, surrounding property owner, expressed concern with the financial status
of the developer. She stated there have been numerous financial difficulties with this development
since it was established. Ms. Evans-Cornelius stated the applicant indicates approximately 2.6
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people will live in the homes; however, it would be more realistic to state 4.6 people, which would
double the planned population. She asked what will happen if the Second Phase is not approved
or if the applicant cannot renew the lease on Milton Reservoir Lake. Ms. Evans-Cornelius
requested the Board delay its decision until more detailed facts can be submitted.
Upon rebuttal, Mr. Cockrel stated there is no apparent need for a water treatment facility; however,
if circumstances change and one is necessary, an amendment can be made to the Service Plan.
He further stated 2.6 is a very commonly used average for the number of residents per household
and, regardless of the number of residents, the plan development will remain the same size and
the services are adequate. Mr. Cockrel stated the development has been financially sound since
its approval; this Service Plan will improve the plan that already exists; and the lease on Milton
Reservoir Lake does not terminate every five years. In response to Commissioner Geile, Mr.
Cockrel stated the septic systems are approved by the Weld County Department of Public Health
and Environment to ensure they are functioning property. Mr. Thompson stated when the First
Filing was reviewed the State indicated it prefers each site to be reviewed and individually permitted
rather than dealing with a minor treatment facility which can potentially create more problems, and
he added the overall impact has been reviewed by all the permitting agencies. In response to Chair
Hall, Mr. Fell stated when the Planned Unit Development was approved, the Board of
Commissioners felt individual septic systems would be sufficient rather than an overall system, and
although he has never been asked to assess the overall effect of the development, he can have
the engineer review the systems and submit a report. In response to Commissioner Vaad, Mr.
Morrison stated those individuals which have systems which are not functioning properly could be
persuaded to connect to a water treatment facility if one was installed; however, those with
adequate septic systems would not be required to connect. He added that Trevor Jiricek,
Department of Public Health and Environment, indicated the size of the lots allow adequate space
for a septic system and replacement site if necessary. Responding to Commissioner Kirkmeyer,
Mr. Morrison stated the Board does not have the authority to require a Waste Water Treatment
Facility at today's hearing; however, it may have that option during the Change of Zone land use
hearing if the information presented supports the need for one. Commissioner Kirkmeyer
commented if the plan is denied, the situation will be worse than if it were approved. Mr. Morrison
further stated the Service Plan will affect what is in existence and should not be addressed as if it
were a new development. In response to public input, Mr. Warden stated the plan is not a financial
risk to Weld County; however, it will affect the bond holders and property owners if the project
cannot be funded, and the plan has many new safeguards to prevent a repeat of the financial
difficulties experienced in the 1980's. Commissioner Baxter reiterated the new plan will correct
many of the shortfalls in the existing plan. Responding to Commissioner Kirkmeyer, Mr. Morrison
clarified that if there is a material deviation from the Service Plan, there is a 45-day period in which
the Board can challenge and seek injunction to compel the developer to amend the plan. Mr.
Cockrel stated if it is the Board's desire, the Resolution can specify the inclusion of a sewer facility
and amount of expansion which qualifies as a material deviation. Mr. Warden stated a separate
Sanitation District would also be an option for the area. In response to Commissioner Kirkmeyer,
Mr. Morrison stated language can be added under Section three requiring that Weld County be
notified so it can hold a hearing regarding any deviation. Mr. Cockrel requested language be
amended to state that following notification, the Board call a hearing only if it feels one is
necessary, and add specific language to Section 8 of the Service Plan detailing what constitutes
notification.
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METROPOLITAN DISTRICTS NO. 1 AND NO. 2
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Following discussion, Commissioner Kirkmeyer moved to approve the Consolidated Service Plan
of Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No.
2, based on the recommendations of the Planning staff and the Planning Commission, with the
draft resolution as entered into the record and the amendment to Section 3 to state, "The
Consolidated Service Plan of the Districts shall be, and hereby is, approved, conditioned upon the
addition to part VIII of the Consolidated Service Plan of a new subsection 3. to read as follows: 'The
inclusion of 80 acres or more into District 1 shall require notice be provided in accordance with the
procedures found in Section 32-1-207(3)(b), C.R.S."" The motion was seconded by Commissioner
Baxter. Commissioner Kirkmeyer commented that approval of this plan will ensure better financial
stability for the development as it exists. The motion carried unanimously.
This Certification was approved on the 26th day of July, 1999.
APPROVED:
ATT- I1.4177
% BOARD OF COUNTY COMMISSIONERS
COUNTY, OLORADO
•
. i Board
D e K. Hall, Chair
B�• % �_ r
� '• Yp�' :�^
Board y I �, d
./ Barbara J. Kirkme er, Pro-Tem
TAPE #" �". #99-26
George-E. B t r •
DOCKET#99-44
M. J.rG ile
Glenn Vaad
991651
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF JULY, 1999:
DOCKET #99-44 - CONSOLIDATED SERVICE PLAN FOR BEEBE DRAW FARMS
METROPOLITAN DISTRICTS NO. 1 AND
DOCKET#99-49 - DENNIS AND WENDY TEMMRECK/JASON AND TIFFANI ADRYSHAK
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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MICKI L. WADHAMS
PARALEGAL
COLLINS AND COCKREI..P.C. 303-986-1551
ATTORNEYS AT LAW 800-354-5941
390 UNION BLVD.,SUITE 400 FAA: 303-986-1755
DENVER,COLORADO 80228-1556 F MAIL: CANDC PC@AOL.COM
EXHIBIT INVENTORY CONTROL SHEET
Case - BEBEE DRAW FARMS METROPOLITAN DISTRICTS NO. 1 AND NO. 2
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 06/15/99)
D. Clerk to the Board Notice of Hearing
E. Applicant Certification of Mailing (07/20/99)
F. Applicant Letter to Assessor's Office (07/19/99)
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