HomeMy WebLinkAbout20252319.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Mchael Wailes, 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:
Applicant:
Planner:
Request:
Legal Description:
Location:
PUDF24-0001
REI, LLC, dba Investors, LLC
Maxwell Nader
Planned Unit Development Final Plan for Second Filing of Beebe Draw Farms for
283 residential lots with R-1 Low -Density Residential Zone District uses.
All of Section 17 and parts of Sections 8 and 9; all located in Township 3 North,
Range 65 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 39; north of and adjacent to County Road 32.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted PUD Final Plan materials are in compliance with the application requirements per
Section 27-1-60.G of the Weld County Code.
2. The submitted PUD Final Plan request is in conformance with the PUD standards per Section 27-
3-10. Pertinent information includes:
A. Properties in PUDs shall comply with applicable provisions of the Weld County Code,
including, but not limited to, Articles II and I/I of Chapter 24, applicable provisions of
Chapter 23, including, but not limited to, regulations on parking, signage, floodplains, and
minimum distance from oil and gas facilities, and Chapters 29 and 30.
The proposed second filing (Proposal) complies with Chapter 24, Article II — Conformance
Standards. The proposal will dedicate the right-of-way, provide for drainage, and enter into
an improvement's agreement. The second filing also complies with Article III — Subdivision
Design Standards. Staff has reviewed the draft PUD plat and that complies with the 21
design standards as listed in Article III. The proposed second filing also meet relevant
provisions of Chapter 23 such as regulations on parking, signage, and floodplains, as well
as the requirements outlined in Chapters 29 and 30.
Oil and gas facilities:
Setbacks will adhere to the approved PUD. The setback for plugged and abandoned wells
will be 50 feet, in accordance with section 23-4-700 of the Weld County Code. AMZ-412
requires a 300 -foot setback for active oil and gas facilities. The current plat reflects this for
the remaining facility, with the expectation that it will be closed and reclaimed by the time
the filing is constructed. Habitable structures will not be permitted within these established
setbacks. All pipelines will be buried within designated easements. Oil and gas operations,
along with residential development, are common in the Weld County area and are well -
regulated by the ECMC, Weld County, and surface use agreements. PLR has coexisted
with oil and gas operations since the beginning of the development, and these operations
are included in the PUD. Additionally, the oil and gas wells within the second filing are
being continually plugged and abandoned, and there will be no operating wells by the end
of 2025.
B. Where the uses in a PUD are not specifically listed but refer to one or more zone districts
in Chapter 23 of this Code, compliance with the bulk standards for the corresponding zone
district is required. (For example. where a PUD zoning plat says Estate zone uses are
allowed, compliance with Section 23-3-440 is required.) Where a PUD refers to multiple
zone districts, the more restrictive bulk standards shall apply.
In the PUD Zoning, there are uses specified for both the A (Agricultural) Zone and the R-1
(Low -Density Residential) Zone. These uses have maintained compliance with the bulk
standards for each respective zone district as outlined in Chapter 23 of the Code.
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C Outlots No new buildings are allowed on outlots Other structures that are not fully
enclosed, including, but not limited to, loafing sheds, maybe permitted on outlots where
the PUD allows for agricultural uses Fences, parking lots, trails, bus stop shelters, and the
like maybe permitted on outlots Underground and overhead utility lines maybe permitted
on outlots provided a Use by Special Review or 1041 Permit is not required The use of
existing buildings on outlots shall not be altered or enlarged, except in accordance with the
recorded PUD
The proposed second filing of the Planned Unit Development (PUD) includes a comparable
amount of outlot acreage to that established in the first filing This consistency in the
provision of open space, drainage areas, and common areas reflects a continuation of the
first filing
Additionally, the proposed second filing generally reflects the intent of the underlying PUD
zone district by incorporating buffering, and common areas that are consistent with the
overall layout established in the first filing The outlots in this phase serve similar functions
such as open space, drainage and general amenities These outlots contribute to
maintaining a sense of continuity within the broader development
D An owners association is required and shall be managed by the property owners within the
PUD
1 All outlots shall be owned by the owners association in perpetuity The owners
association shall maintain in perpetuity all outlots and all landscaping outside of
buildable lots in a neat, clean, and healthy condition, including removal of fitter and
weeds, mowing, fertilizing, watenng, proper pruning, and replacement of diseased
and/or dead plants within one (1) calendar year or within the next growing season,
whichever comes first
2 All internal road nghts-of-ways shall be maintained by the owners association in
perpetuity
Currently the PUD is served by a Homeowners Association (HOA) and a Metro District,
both of which are responsible for the maintenance of internal roads, common areas, and
shared infrastructure
The proposed second filing will establish a separate HOA that mirrors the responsibilities,
structure, and design guidelines of the original HOA and will incorporate into the Metro
District/ This approach ensures consistency in community maintenance, and overall
neighborhood character across both filings
E Where the uses in a PUD are not specifically fisted but refer to one or more zone distncts
in Chapter 23 of this Code, compliance with the bulk standards for the corresponding zone
distnct is required (For example, where a PUD zoning plat says Estate zone uses are
allowed, compliance with Section 23-3-440 is required) Where a PUD refers to multiple
zone distncts, the more restnchve bulk standards shall apply
The PUD zoning designation provides flexibility to accommodate a mix of uses that may
not typically be permitted under standard zoning districts, while still maintaining
compatibility with surrounding land uses and the overall intent of the development In this
case, the PUD allows for R-1 (Low -Density Residential) uses as well as certain low -impact
agricultural uses, similar to what was established in the first filing
The proposed second filing complies with the bulk standards and permitted uses of the R-
-1 zone, including minimum lot sizes, setbacks, and lot coverage requirements In addition
to the residential component, the second filing, like the first filing, includes allowances for
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limited agricultural activities, such as equestrian uses, which are appropriate for the rural -
residential character of the area
F Where the uses in a PUD are not specifically listed but refer to one or more zone districts
in Chapter 23 of this Code, the uses allowed in the PUD shall be those uses allowed by
nght and accessory uses in the zone d►stnct(s) referred to, as listed and defined in Chapter
23 Uses by special review and uses by zoning permit are not allowed in PUDs, unless the
PUD zoning plat specifically allows them Certain uses may require subsequent submittal
and approval of a Site Plan Review as described in Section 23-2-150 B of this Code
Certain uses permitted within the R-1 zoning district through the Site Plan Review process
will be incorporated into the Second Filing of the PUD These include community -serving
amenities, such as the recreational features, that are intended to support the residents of
this filing These types of uses are consistent with the allowances under R-1 zoning and
reflect the approach taken in the First Filing, where similar features were included
G Where a PUD hsts uses that am allowed in the PUD, but does not define them, the
definitions in Chapter 23 of this Code, may be used, or, if not defined in Chapter 23,
Planning staff may use a dictionary or a common industry definition
All uses within the PUD zoning are referenced or defined in the code, ensuring that the
PUD second filing aligns with the Weld County code
3 The submitted PUD Final Plan request is in conformance with application standards per Section
27-1-60 of the Weld County Code Pertinent information includes
A 27-1-60 5 - At least one (1) of the proposed roads within the final plan area shall intersect a
pubhcly maintained road or an existing mad within a previously platted portion of the PUD
The first filing of the PUD utilizes Beebe Draw Farms Parkway, which intersects with CR 39, a
publicly maintained right-of-way that provides primary access to the development The
proposed second filing will continue to utilize this existing access point while also introducing
two (2) new public roads to support additional connectivity One (1) new road will intersect with
CR 39, and the other with CR 32, both of which are also publicly maintained rights -of -way
These additional access points are intended to improve overall circulation, provide redundancy
for emergency access, and ensure adequate infrastructure to support the continued buildout
of the PUD in a manner consistent with County transportation standards
B 27-1-60 C - No PUD shall contain any access easements except for the following
1 Pre-existing access easements for nonresidential purposes such as ditch maintenance
roads or oil and gas facility access roads
2 Access easements solely for the use of emergency services
There are several access easements located throughout the PUD boundaries that are
associated with existing oil and gas operations These easements are necessary to ensure
continued access for the ongoing maintenance, inspection, and operation of these facilities As
such, the easements will remain in place for the duration of the facilities' active use and will be
evaluated for removal only once the sites have been properly closed and reclaimed The layout
of the PUD, including the second filing, has been designed to accommodate these easements
and ensure they do not conflict with proposed development
C 27-1-60 D - An owners association is required and shall be managed by the property owners
within the PUD
1 The owners association shall be created and all necessary documents recorded pnor to
recording of the plat
2 All outlots shall be dedicated to the owners association on the plat and a deed conveying
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all outlots to the owners association shall be provided to the Department of Planning
Services for recording with the plat
Currently the PUD is served by a Homeowners Association (HOA) and a Metro District, both
of which are responsible for the maintenance of internal roads, common areas, and shared
infrastructure
The proposed second filing will establish a separate HOA that mirrors the responsibilities,
structure, and design guidelines of the original HOA and will incorporate into the Metro District/
This approach ensures consistency in community maintenance, and overall neighborhood
character across both filings
D 27-1-60 E - Cntena for approval The PUD final plan must
1 Be in general conformity with the Comprehensive Plan found in Chapter 22 of this Code
and any County -approved future development plans for the area
The Weld County Comprehensive Plan adopted in 2020, codified in Chapter22 of the Weld
County Code, identifies Guiding Principles, Goals and Objectives to provide direction for
land use decisions The PUD Final Plan application has demonstrated consistency with the
existing adopted Weld County Comprehensive Plan as detailed below
Section 22-2-30 A 2, being one of the land use goals and objectives, which commit to the
economic future of agnculture, states "Limit the density and intensity of development to
maintain agncultural areas "
The existing PUD Zoning, as permitted, allows for eight hundred (800) total lots Under the
proposed PUD Final Plan application there are two hundred eighty-three (283) lots
proposed through ten (10) phases Combined with the existing 186 platted lots, this
accounts for a total of approximately four hundred seventy (470) residential lots within this
development
The proposed scale and design of the PUD serves to concentrate future residential
development within clearly defined boundaries, rather than promoting dispersed or
sprawling growth patterns that would consume more agricultural land By clustering
residential uses and thoughtfully integrating select amenities to support those uses, the
PUD offers a more efficient and sustainable development model This approach helps
preserve the surrounding agricultural landscape by reducing the need for scattered rural
subdivisions, which often fragment farmland and increase land use conflicts Instead of
encouraging unplanned expansion beyond its borders, the proposed PUD establishes a
framework that directs development inward and provides a logical limit to expansion By
containing growth within its footprint, the PUD can actually serve as a buffer and transition
area between more intensive uses and the traditional agricultural operations that
characterize this part of the County In this way, the project seeks to complement, not
compete with, the rural character of the surrounding area
Section 22-2-30 C 2, being one of the land use goals and objectives, which promotes
harmonizing development with surrounding land uses, states "Establish residential
development options based on compatibility, proximity to municipalities, and availabihty of
services that reflect the desired density and character of that location "
The proposed PUD is designed to accommodate future residential development within a
defined boundary, which may help minimize the potential for outward expansion into
surrounding agricultural areas By concentrating development within a designated footprint,
the proposal provides an internal structure that can guide future growth in a more organized
manner The PUD includes provisions for adequate water and septic infrastructure, allowing
it to development within the bounds of the PUD
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The proposed development is intended to build upon the existing first filing of the PUD,
maintaining consistency with the established development pattern , While located_ in an
agricultural area, the proposal seeks to maintain a distinction between residential, areas and
adjacent land uses, including both active agricultural operations and the nearby Milton
Reservoir This approach may help support land use compatibility by delineating residential
and rural functions while allowing for a mix of recreational uses within the PUD boundary
2 Address to the satisfaction of the Board of County Commissioners the requests and
concerns of any referral agency or mineral interest
A Central Weld County Water District (CWCWD)
Water service is provided by Central Weld County Water District A letter of
commitment was received from Central Weld Water District dated January 22, 2025
The District states 191 budget taps are available and "no additional water taps will be
available without additional water rights being transferred to the District" The
application indicates the PUD will be developed on a phased basis subject to the terms
of Central Weld Water District
B - Colorado Geological Survey (CGS)
The Colorado Geological Survey (CGS) referral response dated January 29, 2024,
states CGS agrees with Soilogic's interpretation in their May 28, 2020, Geologic and
Preliminary OWTS report that the site does not contain economically recoverable
aggregate or metallic mineral resources and that no known or suspected geologic
hazards are present that would preclude the proposed residential development
The CGS also states that the site overburden materials consist of windblown clay, silt,
and sand underlain by the Laramie Formation The windblown material may be subject
to consolidation when loaded or wetted and can be erodible and subject to soil blowing
and water erosion Therefore, lot- or site -specific, geotechnical studies will be
necessary to characterize soil engineering properties in addition to the implementation
of erosion control measures during the design and construction of this development
There are additional comments related to construction with respects to groundwater
and oil and gas development
C Town of Platteville
Although the PUD is not located within a 3 -mile referral area of any municipality or
Intergovernmental Agreement Areas (IGA) the Town of Platteville was notified and
submitted a referral dated February 5, 2024
The letter outlined concerns on the expectation of increase to traffic on CR 32,
particularly westbound towards US 85, potentially causing congestion While the
Colorado Department of Transportation manages the traffic signal and right-of-way at
US 85, the Town of Platteville maintains CR 32 from US 85 to CR 29 and the North &
South Front Streets, which may be used when the UPRR blocks the crossing to US
85
A Traffic Impact Study by Delich Associates in November 2023 indicates that the
development could generate several thousand vehicle trips per day Due to these
concerns, the Town of Platteville has requested to be more involved in the public
hearing and plan review process to address potential impacts on the town
D Colorado Parks and Wildlife (CPW)
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Weld County Comprehensive Plan Section 22-2-30 C 3 encourages development
that preserves land for agriculture, rangeland, wetlands, and critical habitats Further,
Section 22-2-60 addresses natural resource goals and objectives, specifically the
preservation of wetlands and critical habitats The Colorado Parks and Wildlife
(CPI) referral dated January 31, 2024, comments on these topics
In particular, the referral states "The mission of CPW is to perpetuate the wildlife
resources of the state, to provide a quality state parks system, and to provide
enjoyable and sustainable outdoor recreation opportunities that educate and inspire
current and future generations to serve as active stewards of Colorado's natural
resources CPW has a statutory responsibility to manage all wildlife species in
Colorado and to promote a variety of recreational opportunities throughout Colorado
One way we achieve this goal is by responding to referral comment requests, as is
the case for this project
The protection of High Priority Habitats (HPH), big game winter ranges, and raptor
nesting locations are of extreme importance to CPW CPW recommends that all
proposed projects be assessed to avoid, minimize, or mitigate impacts to sensitive
wildlife habitats and species
That includes species of concern, big game winter concentration areas, breeding and
nesting habitats for sensitive ground -nesting birds, and nests of raptors sensitive to
development to prevent the loss of habitat or fragmentation of habitat Our goal in
responding to land use proposals such as this is to provide complete, consistent, and
timely information to all entities who request comment on matters within our statutory
authority
After reviewing the proposed second filing documents, CPW is concerned with the
proposed development in Parcel 3 (Number 121309000026-R4940286) in section 9
(orange phase) in that there is no wildlife impact statement included in the narrative
provided Terra Forma Solutions makes little reference to, nor includes any details
in the Environmental Impacts statement specific to potentially significant impacts to
wildlife species and habitat, including wetland and riparian areas and mature
cottonwood forests associated with Milton Reservoir and the surrounding
landscape "
The applicant submitted a written response prepared by Ecological Resource
Consultants, LLC, dated March 22, 2024 which directly addresses the comments
provided by Colorado Parks and Wildlife (CPW) The analysis assessed the potential
for the proposed second filing to impact sensitive species or habitats identified by
CPW The findings indicate that the majority of the second filing is situated well
outside any designated areas of interest or habitat zones that could result in adverse
effects to the species noted in CPW's comments It was noted, however, that a small
portion of the area identified as the "Orange Phase" falls within the mapped Mule
Deer Range Despite this, the overall assessment concluded that no director indirect
impacts to identified wildlife resources are anticipated as a result of the proposed
development ,
The applicant and CPW have been working together following the report provided by
Ecological Resource Consultlants LLC and CPW has confirmed no concerns with the
request as of July 18, 2025
E Atmos Energy
Atmos Energy Corporation is the provider of natural gas to the PUD Atmos Energy
per their referral dated January 9, 2023, stated the following "Atmos will need to build
significant system improvements in order to serve the Subject Property The natural
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gas system that currently serves Beebe Drew Farms is nearing or at capacity Please
have the developer/applicant contact Atmos- Energy Corporation's Bethany NitzeF
' (cc'd) as soon as possible to initiate discussions for natural gas service "
- F United Power
United Power is the sole provider of electric service to the PUD United Power did not
return a referral response
G LaSalle Fire Protection District
The LaSalle Fire Protection District serves this, PUD The district did not return a
referral response The district has previously commented on the adequacy of a 3 7 -
acre unplatted parcel of land that has been previously conveyed to the Fire District by
deed, dated May,18, 2001, reception # 2839706
-H Weld County School'District RE -1
The Weld County School District RE -1 serves this PUD The District returned a referral
dated February 12, 2024 with no comments The District has previously commented
on 'the 'adequacy of a 36 -acre unplatted parcel of land that has been previously
conveyed to the School District by deed, -dated May 18, 2001, reception # 2839707
I Beebe Draw Farms Metropolitan Districts and Authority, -
The Beebe Draw Farms Metropolitan Districts and Authority owns, operates and builds
infrastructure for the PUD including, water infrastructure, amenities, roadways and
other essential services to the community The Beebe Draw Metropolitan Districts did
not return a referral, but the Beebe_Draw Farms Authority returned a referral,dated
February 8, 2024 with the following comments ,
"1 Major construction equipment must not use existing roadways in Filing No 1 during
the infrastructure ,and home building in Filing -No 2 Alternative access must be
provided to keep heavy construction vehicles off of our private roads
2 Landscaping is shown in the plans to be "hand watered" Landscaping appurtenant
to,the south entrance to WCR 32 is obviously intended to be owned and_maintained
by the Authority ^ These plantings must be irrigated And there needs to be
clarification on who will own and maintain the clusters, of "3 PN's" scattered
throughout the plan if the PN's are to be Authority responsibility, they must be
irrigated If the future homeowners are to maintain them, a reliable plan must be
established to get those trees established and then maintained especially
considering that the lots and houses are intended to be served with "1/2 taps" "
J Colorado Division of Water Resources
Referral dated January 19,-2024, , stated the following "based on the submittal and
pursuant to Section 30-28-136(1)(h)(I), C R S -and Section 30-28-136(1)(h)(I I), CRS ,
the State Engineer's Office has not received enough information to render an opinion
regarding the potential for causing material injury, to decreed water rights, or the
adequacy of the proposed water supply Prior to further review of the PUDF water
supply plan the following information is required
1 The applicant must specify the estimated water requirements for the Pelican Lake
Ranch Filing 2 development -, -
2 The applicant must specify the additional water sources that will be provided in
order for the District to supply water to all the proposed lots -
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3 Applicant must clarify if well permit nos 6844-A and 83708-A will be used within the
subdivision or be plugged and abandoned If the wells will be used in the proposed
subdivision the Applicant must also demonstrate that a court approved
augmentation'plan has been obtained for well no 83708-A and new well permits
have been obtained for the wells
A condition of approval has been added to ensure the applicant continues to work with
the Division of Water resources
3 Comply with the standards detailed in Articles ll and Ill of Chapter 24, Article Ill of this
Chapter, and this Section 27-1-60 -
ARTICLE II - Conformance Standards
A Section 24-2-40 — Improvements agreement states "The subdivider, applicant or owner
shall submit a signed subdivision Improvements Agreement agreeing to construct the
required improvements_ as shown on the approved plat and other supporting
documents The Agreement shall be made in conformance with the County policy on
collateral for improvements per Section 2-3-30 of the Weld County Code, as amended
Approval of the Improvements Agreement will be a condition of approval for the
subdivision and shall be approved by the Board of County' Commissioners prior to
recording the subdivision final plat "
Per' the Development Review referral, dated 'July 24, 2025, an Improvements
Agreement is required for on -site and_ upfront' off -site improvements associated with
this, project On -site and upfront off -site, improvements' associated with the
development will be identified and detailed in the agreement
ARTICLE III - Subdivision Design Standards
A Section 24-3-20 — Road standards
The new road network in the proposed second filing is designed to integrate seamlessly
- with the existing ,infrastructure, ensuring a smooth transition This integration is
achieved by aligning new roads with existing ones and maintaining consistent road
widths
Additionally, the new road network includes multiple access points, which help distribute
traffic more evenly and reduce congestion at anyaingle entry or exit -These additional
access points improve overall traffic flow and provide better connectivity within the
community This design ensures that the expanded development functions efficiently
and safely, enhancing the overall living`experience for residents ,
Per the Development Review -referral, dated July 24, 2025, the following requirements -
are within the Improvements Agreement
1 The applicant shall design and construct a County accepted eastbound left tum
deceleration lane for the County Road 32/Pelican Lake Ranch intersection, providing
all construction materials and
meeting the specifications per'the Weld County Engineenng and Construction Criteria
manual and CDOT specifications for Road and Bridge Construction
2 'The applicant shall design and construct a County accepted northbound nght turn
deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing-
-
-all construction materials and meeting the specifications per the Weld County
Engineering and Construction Criteria manual and CDOT'specifications for Road
and Bridge Construction
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3 The applicant shall design and construct a County accepted southbound left turn
deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing
all construction materials and meeting the specifications per the Weld County
Engineering and Construction Criteria manual and CDOT specifications for Road
and Bridge Construction
B Section 24-3-50 — Lot size standards
The second filing, which includes 283 lots with an average density of 2 5 acres per
lot, represents the next proposal the approved Planned Unit Development (PUD) This
phase continues the development's commitment to providing single-family
residences, with lot sizes ranging from 1 1 to over 3 acres
• Filing No 2 lot breakdown
o 1-2 acre lots —197 or 35% site area
0 2-3 acre lots — 78 or 21% of site area
o 3+ acre lots — 8 or 3% of site area
• Filing No 1 lot breakdown
0 1-2 acre lots — 42 or 11% site area
0 2-3 acre lots —106 or 36% of site area
0 3+ acre lots — 38 or 19% of site area
The amended zoning, AM Z-412, allowed for 800 lots, each also averaging 2 5 acres
This consistency in density between the two filings ensures that the overall character
and spacing of the development remain aligned with the original vision By
maintaining the same average lot size, the second filing upholds the principles set
forth in AM Z-412, ensuring a smooth and consistent expansion of the community
C Section 24-3-60 — Easement standards
Standard easements are established in the second filing in accordance with Section
24-3-60 of the Weld County Code While the existing zoning plat, AM Z-412, and the
initial filing, S-299, do not have established easements, the new easements will
adhere to the geneial standards outlined in the code This ensures consistency and
compliance with the approved development plan, maintaining the integrity and
functionality of the overall community design
In addition, the utilities have been notified, and their comments have been addressed
through the review process, or they did not have any concerns This ensures that all
necessary infrastructure requirements are met
D Section 24-3-70 — Potable water supply standards
Public water from Central Weld County Water District is available for one hundred
ninety-two (192) of the proposed two hundred eighty-three (283) lots Terms for water
service are detailed in the Central Weld County Water District letter dated July 29,
2021, as submitted in the application materials
Central Weld County Water District submitted an updated Can Serve Letter dated
January 22, 2025, reiterating their ability to serve the proposed filing and that
additional studies will need to take place prior to construction of infrastructure
E Section 24-3-90 — On -site wastewater treatment systems (OWTS) report
requirements
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Sanitary sewer service is not available at this location or within six miles of the
development Therefore, all lots will be served by on -site wastewater treatment
systems When building, individual property owners will need to coordinate with the
Weld County Department of Public Health and Environment regarding their on -site
wastewater treatment systems This approach is consistent with the procedures
followed during the first filing of this development
F Section 24-3-200 — Storm drainage requirements
Stormwater Management and master drainage design shall be addressed in each of
the future PUD Final Plan applications Per the Development Review referral dated
July 24, 2025, This project site is within a Non -Urbanizing Drainage Area, which
typically requires detention of runoff from the 1 -hour, 100 -year, storm falling on the
developed site and release of the detained water at the historic runoff rate of the 1 -
hour, 10 -year storm falling on the undeveloped site Per Weld County Code, Section
8-11-40 C , stormwater retention facilities are normally not allowed in Weld County
but will be considered for special circumstances through the variance process as
defined in Chapter 12, of Appendix 8-Q, of the Weld County Code The applicant has
submitted a preliminary drainage report which has gone through several rounds of
review and is nearing County acceptance A final drainage report with the required
detention/retention pond designs completed by a Colorado Licensed Professional
Engineer is required prior to recording the PUD Final Plat The drainage report must
include a certification of compliance stamped and signed by the PE
G Section 24-3-220 — Traffic impact analysis requirements
The applicant has submitted an updated Traffic Impact Study (TIS) prepared by Delich
Associates, dated September 2024 The study assessed the impacts the 2nd Filing
of Beebe Draw Farms (Pelican Lake Ranch) will have on the surrounding road system
and concluded that the development is feasible from a traffic engineering standpoint
At full development, the study found that the 2nd Filing will generate 2,636 daily trip
ends, 193 morning peak hour trip ends, and 265 afternoon peak hour trip ends
The study also found that the development will necessitate the construction of the
following auxiliary turns
Eastbound Left Turn Deceleration Lane — County Road 32/Pelican Lake Drive
Intersection
Southbound Left Turn Deceleration Lane — County Road 39/Pelican Lake Lane
Intersection
Northbound Right Turn Deceleration Lane — County Road 39/Pelican Lake Lane
Intersection
4 Comply with the recorded PUD zoning plat Where the PUD zoning plat conflicts with the
provisions of this Chapter or Article 111 of Chapter 24, as determined by the Board of County
Commissioners at the hearing described below, the PUD final plan shall comply with the
PUD zoning plat
A Landscaping elements
According to the application materials, the Conceptual Landscape Plan for Pelican Lake
Ranch is a combination of both open spaces and riding/walking trail corridors that link
together to form an interconnected system throughout the development This system
connects both visually and physically to the dedicated open spaces that are located
throughout the site Pedestrian movement is encouraged through the property while
allowing opportunities for smaller more intimate gathering places and focal points for
each neighborhood The PUD will attempt to maintain existing natural grades
throughout the development
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Although landscaping is identified in the submitted materials, it is managed and
regulated by the HOA, not through County Code The AM Z-412 zoning did not establish
requirements for landscaping Therefore, the proposed landscaping for Filing No 2
aligns with Filing No 1, but ultimately, it will be up to the landowner and HOA to finalize
these details
,B
Amenities
The existing Planned Unit Development (PUD) includes a variety of amenities and
public improvements Currently, there are 186 fully developed residential lots with paved
streets, water, natural gas, electricity, and drainage systems The development features
miles of riding and walking trails, over 600 acres of open space and nature preserves,
a bird estuary with trails, descriptive signage, a sheltered picnic area, and restroom
facilities Additional amenities include community swimming pools with a cabana, a
large park, sports courts for tennis, basketball, volleyball, and a putting green There is
also a stocked fishing lake with docks, a playground, a community picnic area, a
Community Information and Sales Center, an outdoor riding arena with a round pen, an
entry building, entry monumentation and landscaping, and a Maintenance Facility and
District Office The second filing has space designated for future amenities, which will
be planned by the Authority
C Common open space usage
The application materials states that the common open space for the PUD will include
buffer zones along the lake and canal, various parks and recreational facilities, open
spaces and their associated installations The application materials further states
there is an overall open space framework defined primarily by the community plan as
well as by the limiting site factors The plan will provide key linkages of equestrian and
walking trails to create an integrated open space network
The limiting site factors are physical elements of stormwater and drainage features
and oil and gas facilities Such components are proposed to be included in the
common open space calculation, when appropriate The justification to include these
physical elements in the calculation is that they are still usable for recreational
activities, parks, trails, and other amenities, or other functions that cannot damage or
be damaged by the limiting site factors In particular, the development contains
abandoned and portions of active well sites
This recommendation for approval is based upon compliance with Weld County Code Chapter 27
requirements and upon a review of the application materials submitted by the applicant, the relevant
information regarding the request, and responses from the referral entities
The Planned Unit Development Final Plan is conditional upon the following
i
1 Prior to recording the Planned Unit Development Final Plan plat
A The applicant shall address the requirements of Atmos Energy regarding the existing natural gas
system nearing its capacity, as stated in the referral response dated January 9, 2024 Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services
(Department of Planning Services)
B The applicant shall address the requirements of the Colorado Division of Water Resources
regarding existing well usage, water availability and stormwater management, as stated in the
referral response dated January 19, 2024 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Planning Services)
Resolution PUDF24-0001
REI, LLC, dba Investors, LLC
Page 12
C The applicant shall acknowledge the advisory comments of the Town of Platteville as stated in the
referral response dated February 5, 2024 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Department of Planning Services)
D An Improvements Agreement is required for on -site and upfront off -site improvements associated
with this project On -site and upfront off -site improvements associated with the development will be
identified and detailed in the agreement Requirements for upfront off -site road improvements are
detailed below
1 The applicant shall design and construct a County accepted eastbound left turn deceleration
lane for the County Road 32/Pelican Lake Ranch intersection, providing all construction
materials and meeting the specifications per the Weld County Engineering and Construction
Criteria manual and CDOT specifications for Road and Bridge Construction (Development
Review)
2 The applicant shall design and construct a County accepted northbound right turn deceleration
lane for the County Road 39/Pelican Lake Lane intersection, providing all construction
materials and meeting the specifications per the Weld County Engineering and Construction
Criteria manual and CDOT specifications for Road and Bridge Construction (Development
Review)
3 The applicant shall design and construct a County accepted southbound left turn deceleration
lane for the County Road 39/Pelican Lake Lane intersection, providing all construction
materials and meeting the specifications per the Weld County Engineering and Construction
Criteria manual and CDOT specifications for Road and Bridge Construction (Development
Review)
E A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Development Review)
F A Utility Plan showing the easements for water, sewer, electric, gas, telephone, and any other
utilities with the PUD development, and all drainage and utility easements defined in Section 24-3-
60, of the Weld County Code, is required (Development Review)
G The applicant shall submit a recorded copy of any agreement/easement signed by all owners
whose property is crossed for access to a utility, drainage facility, or public infrastructure requiring
maintenance Such an agreement/easement shall be referenced on the Final Plat by the Weld
County Clerk and Recorder's Reception number (Development Review)
H The plat shall be amended to delineate the following
1) All sheets of the plat shall be labeled Planned Unit Development Final Plan No PUDF24-0001,
Second Filing of Beebe Draw Farms and Equestrian Center
2) The plat shall only delineate the lots that are part of the proposed PUDF' (Department of
Planning Services)
3) The plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code
(Department of Planning Services)
4) Show and label all recorded easements, ditches and rights -of -way on the map by book and
page number or reception number (Department of Planning Services)
5) All utility easements shall conform to Section 24-3-60 of the Weld County Code (Department
of Planning Services)
Resolution PUDF24-0001,
REI, LLC, dba Investors, LLC
Page 13
6) The plat shall utilize Plat Certificates Letters A, D, E and F as located in Appendix 24-A of the
Weld County Code (Department of Planning Services)
7) County Road 32 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The
applicant shall delineate on the site plan the existing and future rights -of -way All setbacks shall
be measured from the edge of the future right-of-way This road is maintained by Weld County
(Development Review) - -
8) County Road 39 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The
applicant shall delineate on the site plan the existing and future rights -of -way All setbacks shall
be measured from the edge of future right-of-way This road is maintained by Weld County
(Development Review)
9) Show and label the drainage and utility easements as defined in Section 24-3-60 of the Weld
County Code (Development Review)
10) Show and label any agreement/easement as specified in "Condition of Approval J" above
(Development Review) ,
11) Show and label the existing and proposed access points on County Roads 32 and 39
Development Review will review access locations as a part of the plat submittal review process
(Development Review)
12) Show and label the accepted drainage features and drainage flow arrows Stormwater ponds
- should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the
calculated volume (Development Review)
I Prior to Construction
A Because more than one (1) acre of land will be disturbed with this development, a Weld County
Grading Permit is required (Development Review)
B The applicant shall notify Development Review of the anticipated start date and schedule a
stormwater inspection If construction has commenced without contacting Development
Review, the site will be in violation, a stop work order will be issued, and further enforcement
actions may be pursued (Development Review)
J During Construction
Weld County shall be allowed to enter the premises to inspect temporary control measures (BMPs)
for proper installation and maintenance as detailed in the site's Grading Permit Inspections occur
to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent
roadways, and nearby waterways from the potentially adverse effects of stormwater runoff
Inspections shalloccur at a frequency determined by the site's compliance, with higher inspection
frequencies for non-compliance (Development Review)
K Pnorto Issuing,Buildmg Permits
A The applicant shall submit an As -Built Drawing of each permanent control measure, signed and
stamped by a Professional Engineer registered in the State of Colorado After the submittal,
Weld County shall be allowed to enter the premises to inspect the permanent control measures
to confirm proper installation, as detailed in the drawing (Development Review)
B The applicant shall submit a certification from a professional engineer, licensed in the State of
Colorado, that the drainage/detention measures have been constructed in accordance with the
Resolution PUDF24-0001
REI, LLC, dba Investors, LLC
Page 14
accepted drainage report (Development Review)
L The PUD is conditional upon the following notes and each note shall be placed on the PUD plat
prior to recording
1) The Planned Unit Development Final Plan, PUDF24-0001, for Second Filing of Beebe Draw
Farms allows for 283 residential lots with R-1 (Low -Density Residential) Zone District uses and
several outlots with recreational and oil and gas activity, as indicated in the application
materials on file in the Department of Planning Services, subject and governed by the Plat
Notes stated hereon and all applicable Weld County regulations (Department of Planning
Services)
2) All dwelling units, the indoor and outdoor arenas, clubhouse, and associated headquarters
shall be located a minimum of 300 feet from oil and gas drill sites and production facilities
3) No Uses by Special Review permit shall be permitted within this Planned Unit Development
(Department of Planning Services)
4) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24,
C R S , as amended and Chapter 23, Article VIII of the Weld County Code (Department of
Planning Services)
5) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County Code,
as amended (Department of Planning Services)
6) All occupied buildings shall be located on a platted and buildable lot No occupied structures
shall be permitted in the outlots (Department of Planning Services)
7) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
8) Any such provision Included with the recorded Declaration of Covenants, Conditions and
Restrictions may be more restrictive than Weld County Zoning Code requirements, however,
will not be enforced by Weld County In no event shall bulk requirements and lot standards be
less restrictive than Weld County Code (Department of Planning Services)
9) Water service may be obtained from Central Weld County Water District (Department of
Planning Services)
10) The parcels are currently not served by a municipal sanitary sewer system Sewage disposal
may be by an on -site wastewater treatment system (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system (Department of Planning Services)
11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed (Department of Planning Services)
12) During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created If dust emissions create nuisance conditions, at the request of Weld
County Environmental' Health Services, a fugitive dust control plan must be submitted
(Department of Planning Services)
13) If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months
in duration, the responsible party shall prepare a fugitive dust control plan, submit an air
Resolution PUDF24-0001
REI, LLC, dba Investors, LLC
Page 15
pollution emissions notice application, and apply for a permit from the Colorado Department of
Public Health and Environment (Department of Planning Services)
14) The site shall maintain compliance at all times with the requirements of the Weld County ,
Department f Public Works, Department of Public Health and Environment, Department of
Planning Services and, all applicable Weld County regulations (Department of Planning -
Services)
15) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
16) The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking (Development Review)
17) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement, (Development Review)
_ 18) The historical flow patterns and runoff amounts on the site will be maintained (Development
Review)
19) Weld County is not responsible for the maintenance of on -site drainage related features
(Development Review)
20) Weld County is not responsible for the maintenance of on -site subdivision roads (Development
Review) _
_ 21) No development activity,shall commence on the property, nor shall any building permits be
issued on the property until the PUD Final Plan has been recorded and all conditions satisfied
(Department of Planning Services) -,-_
22) Necessary personnel from the Weld County Departments of Planning'Services, Public Works,
- and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations (Department of Planning Services)_ ' r
23) Failure to Comply The plat may be submitted, for recording, with the recording fee to
the Planner The conditions of approval must be met and the plat submitted for recording within
sixty (60) days of approval by the Board of County Commissioners, or the application may be
forwarded to the Board of County Commissioners for reconsideration The property owner shall
-be notified of the hearing at least fifteen (15) days prior to the hearing The Board of County
Commissioners may, after a public hearing, rescind the approval (Department of Planning
Services)
24) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
- Weld County Code, as amended (Department of Planning Services)
2 Upon completion of Condition of Approval 1 above, the applicant shall submit one (1) electronic copy
( pdf) of the Planned Unit Development Final Plan plat for preliminary approval to the Weld County
Department of Planning Services Upon County approval of the plat, the applicant shall submit a Mylar
plat along with all other documentation required as Conditions, of Approval The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
staff (Department of Planning Services)
3 The Planned Unit Development Final Plan plat shall be submitted to the Department of Planning
Services for recording within one hundred and twenty (120) days of approval by the Board of County
Commissioners (Department of Planning Services) -
Resolution PUDF24-0001
REI, LLC, dba Investors, LLC
Page 16
4 In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final
Plan plat not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance fee shall be added for each 'additional
three (3) month period` ,
Motion seconded by Michael Biwer
VOTE
- For Passage`
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Against Passage Absent
Butch White
Cole Ritchey
Hunter Rivera
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 Commissioners for further proceedings
Certification of Copy
`
I, Kristine Ranslem, 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 August 5, 2025 ,
Dated the 5. of August, 2025 j
4`.y,ietvwArwk(ao.
Kristine Rarislem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, August 5, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi,
Michael Wailes, Virginia Guderjahn
Absent: Hunter Rivera
Also Present: Diana Aungst, Maxwell Nader, Molly Wright, Angela Snyder, Department of Planning
Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
PUDF24-0001
REI, LLC, dba Investors, LLC
Maxwell Nader
Planned Unit Development Final Plan for Second Filing of Beebe Draw Farms for
284 residential lots with R-1 Low -Density Residential Zone District uses.
All of Section 17 and parts of Sections 8 and 9; all located in Township 3 North,
Range 65 West of the 6th P.M., Weld County. Colorado.
East of and adjacent to County Road 39; north of and adjacent to County Road 32.
Maxwell Nader, Planning Services, presented Case PUDF24-0001, reading the recommendation and
comments into the record. Mr. Nader stated that this is the second filing proposal for Beebe Draw Farms
and Equestrian Center Planned Unit Development. He added that this second filing is broken out into 10
phases and will be developed per market demands.
Mr. Nader noted that staff has received 94 letters and emails. He added that a few letters and emails are
in support of this application but the majority are in opposition with concerns regarding compatibility,
additional traffic, concerns with the wildlife, density, amenities, agricultural impacts to the area, water, and
concerns with new HOA guidelines. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Bruce O'Donnell, REI LLC, 825 East Spear Boulevard, Denver, Colorado, stated that this project is part of
Pelican Lake Ranch, which is approximately 3500 acres, and the PUD zoning approved in 1989 has zoning
for 800 single-family detached lots. Mr. O'Donnell stated that in this second filing, they have a Central Weld
County Water District Will Serve Letter that will provide water for 190 lots out of the 283 lots proposed He
added that water will be phased in over time as when they need more water they will acquire additional
water rights to convey to the district.
Mr. O'Donnell stated that the smallest proposed lots are seven times larger than the minimum 6000 square
foot lot required in R-1 zone district. He added that about 32% of the second filing is open space that will
be dedicated to the Beebe Draw Farms Authority and it will extend the existing network of trails and
recreational opportunities. Mr. O'Donnell stated that the development will occur according to market
demand; however, they anticipate developing 30 lots per year in 10 phases.
Mr. O'Donnell said that have held two (2) townhall meetings and have received comments. As a result,
they have designed a full movement intersection on County Road 39 and they have given monthly updates
at the Beebe Draw Farms Authority monthly meetings.
1
Commissioner Biwer asked if all of these lots will have septic systems Mr O'Donnell replied yes Mr
Biwer said that it seems that these are pretty high density lots to have that many septic systems in that
much ground He asked if this has been studied Mr O'Donnell said that it has been studied and asked
Todd Johnson to address some specifics on that
Todd Johnson, Terra Forma Solutions, 3465 South Gaylord Court, Englewood, Colorado, stated that the
requirement of the State and the County is that on average they have to have 2 5 acres across the entire
subdivision for septic systems, therefore, they meet that criteria for the septic system requirements He
added that the soils are sandy and percolation is not an issue here
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Roy Wardell, 16512 Essex Road North, stated that he owns land on two sides of this development He
said that it should not get approved because of the removal from any services as it is away from everyone
Mr Wardell expressed concern regarding erosion as where these lots will be built is 35 foot high sand
dunes He added that there is sand blowing in and destroying neighbor's landscape Mr Wardell stated
that REI has a bad reputation of making promises they never fulfill and asked the Planning Commission to
consider that
Jane Evans Cornelius, 18300 CR 43, stated that she is the Senior Managing Partner of Coyote Ridge
Ranch and owns the property around this site to the south and to the northeast Ms Cornelius said that
there is a large oil and gas development in the area and expressed concern on the danger of the possibility
of sparks flying and that oil and gas development exploding or starting fires She added that It does not
pass the health, safety and welfare standards She added that there is no fire protection and it takes forever
for the sheriff to come Ms Cornelius said that they have spent hundreds of thousands of dollars improving
grazing and wildlife habitat on their ranch and REI has done nothing
Sharon Dillon, 16489 Stoneleigh Road South, stated that they are not in favor of this application Ms Dillon
said that they are included in two (2) metro districts and added that the Authority is broke right now and
their budget is a deficit for this year Ms Dillon referred to the open space identified in Filing 2\and said
that there is no plan to add any additional amenities, however they are marketing it with their current
amenities She added that according to Chapter 22 it says no more than 9 lots or overall density of more
than one unit per acre should be permitted in any non -urban development in Weld County Ms Dillon urged
the Planning Commission to not recommend approval of this application
Jill Bailey, 13723 CR 39, stated that she lives two (2) miles south of the current entrance into Pelican Lakes
Ranch and added that she wished to defer her time to Nancy Hilty Brunson
Nancy Hilty Brunson, 13471 CR 39, stated that there is an insufficient water supply and added that the area
is dry and desert like and rainfall is very limited She added that in the original land study for this
development in 1984 it stated that wind breaks and environmental planning are fairly to not well suited to
these soils Blowing sand and low available water capacity are the principal hazards in trying to establish
trees and shrubs Supplemental irrigation will be needed to ensure survival Ms Brunson said that this
land has not changed since that study was done, however, the water has changed She added that each
lot will require a minimum of 10 trees as well as irrigated turf areas around the house They are proposing
to add almost 3000 trees and over 250 lawns to an area that is considered non -valuable for farming because
of poor soils and lack of water Ms Brunson stated that this project expects these trees and landscapes to
rely on what is called a half or budget tap She added that she called the Water District and she was
informed that this type of tap is designed fora household use with minimal outside use, which allows for
9500 gallons of water per month She noted that from the Environmental Protections Agency's data, even
a four -person household is using an average of 9600 gallons of water per month on general household
needs and not including watering an unestablished landscape Ms Brunson stated that it is not only
desirable but necessary that the entire development need to maintain a rural atmosphere and quality of life
2
William Caldwell, 16457 Ledyard Road South, stated that he is not here to say they don't need this
expansion but that they don't need the expansion that they are proposing Mr Caldwell said that the original
school section of 640 acres of that was not acquired, therefore that property should be taken off Mr
Caldwell noted that the mining commission gave FRICO the right to mine He added that west of the ditch
is 422 acres that is part of the mining and prior to that there was 158 acres of equestrian He further added
that 100 acres of trail was taken away for mining Mr Caldwell said that it is no longer green space and
the amenities are not there He said that the swimming pool is made for 22 people and will not
accommodate an additional 283 lots
Gerry Tschirpke, 16494 Burghley County, stated that he moved here to be in a rural area where he could
have horses Mr Tschirpke said that you can't put a horse on a lot of 1 83 acres with' animals, a house,
barn and a septic field He said how they are going to feed and water animals on half a tap He added that
113 building lots, that are protected, don't have a habitat provided for them " -
Carl Pellatz, 16503 Badminton Road North, stated that the density doesn't add up Mr Pellatz expressed
concern regarding septic systems In 2019 their septic system failed and their neighbors did as well ' In
10-15 years they have had failure to many of the original leach systems Mr Pellatz encouraged the
Planning Commission to not recommend approval
Kim Coleman, 16489 Fairbanks Drive South, expressed concern and listed items regarding procedural
violations from Ordinance 2025-01, direct non-compliance with Chapters 23, 24 and 27 of the Weld County
Code and a flawed process that advances an application despite 24 separate conditions of approval Ms
Coleman requested the Planning Commission to deny this application request
Linda Cox, 16485 Ledyard Road South, stated that she objects to the proposed plan as it was
unprofessional, incomplete and faulty since it was written She added that REI has only had 1 community
meeting which occurred after the application was submitted and the minutes do not show the updates The
green space in the map is actually in Filing 1 and is between 2 developed streets and doesn't see how that
helps the people in Filing 2 She expressed concern regarding the trend that indicates a softening housing
market and reduced buyer demand -
Dr Linda Black, 16478 Burghley Court, stated that she is in support of expanding the area but not in support
of this plan Ms Black stated that she is the president of the POA and added that she is glad to hear that
there will be separate POA for Filing 2 She expressed concern that there are no amenities in Filing 2 and
using their pool puts them at risk
Kent Lewis, 16476 Burghley Court, stated that he is not opposed to development when done responsibly
Mr Lewis expressed concern regarding the proposed lot -density Mr Lewis said that Filing 2 is not in line
with the original vision and asks for a plan that reflects the standards of Filing 1
Brenda Lewis, 16476 Burghley Court, echoed what others have said in that they are not opposed to growth
as long as it is done responsibly She expressed concern regarding the lot density and said that Filing 2 is
not consistent and not compatible with Filing 1 Ms Lewis referred to a 2024 Denver Post article regarding
the land deal and what went on with REI and the current Filing 1 ,
Debra Wilcox, 16498 Beebe Draw Farms Parkway, stated that she would like Ms Lewis to read the news
article for the record " Brenda Lewis, 16476 Burghley Court, read the_2024 Denver Post article into the
record
Jeff Heley, 16477 Stoneleigh Road South, emphasized the article that Ms Lewis just read He added that
they are being held hostage with the question of legalities Mr Heley said that he echoed all of the concerns
today, specifically with the amenities as it has been a colorful discussion with the authority board and
development
Bret Pachello, 16480 Essex Road South, stated that the budget tap is 114,000 gallons and good fora family
of four and doesn't include landscaping or animals He added that a horse alone takes 30,000 gallons of
3
water per year Mr Pachello stated that Central Weld County Water District charges $25 for every 1000
gallons that you go over and should be considered
Pamela Dechant Pachello, 16480 Essex Road South, said that they were sold on a lot of amenities that
has not been true She expressed concern on the budget tap and how much they have to pay if they go
over the amount of water for the year
Melvin Oliver, 16501 Badminton Road North, stated that how often do you get a turn out in the audience
like this
Kelley Trujillo, 16468 Essex Road South, said that they can't even use the amenities that they have in Filing
1 and expressed concern with adding more home in Filing 2 She added that if they can't take care of the
residents in Filing 1 how will they take care of the additional homes in Filing 2
Bruce McDonnell referred to the comment that the Beebe Draw Farms Authority is broke and said that they
do see very difficult financial times for the Authority He added that the ingredients to help cure that is new
development in additional homes and the tax base that comes with new development When homes come
on line in Pelican Lake Ranch they get transferred into District 1, which is a Metro District, and that increased
tax base can help with things like operations and maintenance and amenities With the approval of Filing
2 and the ability to have growth will contribute to the financial help of the Authority
Mr McDonnell said that there is a lot of talk about water and one of the reasons for the smaller lots is for
less water consumption He added that they have sufficient water to start the development and
acknowledged that they can only get part way through it as this is a phased PUD and all infrastructure will
be delivered upon a just in time basis
Mr McDonnell referred to the failed septic systems and said it is part of infrastructure as it ages and needs
to be replaced
Mr McDonnell referred to The Denver Post article that was brought up and said that they are in active
negotiations to settle that issue with current residents He added that there was a meeting that the residents
held in March and they elected to discontinue negotiations and to disband their negotiating committee He
added that there is now a meeting tomorrow night with District 1 to make a counter proposal and to open
up the dialogue again and see if some sort of a settlement can be arranged Mr McDonnell said it is true
that their offer was that Filing 2 would be a condition of settlement and that is pure economics as they can
only agree to settlement terms if they have the ability to generate revenue and earn money He added that
they meet the criteria and are consistent with the Comprehensive Plan and the PUD Mr McDonnell
requested a favorable recommendation to the Board of County Commissioners
Commissioner Guderjahn asked if they have the deed for the 420 acres in question Mr McDonnell replied
yes and added that the Beebe Draw Farms Authority transferred ownership of that land to REI in April of
2022
1
Commissioner Wailes asked if Mr McDonnell could provide an overview on the proposed lot sizes Mr
McDonnel said that generally the average lot size is 1 8 acres and added that they are not compelling
anyone to have a horse or do anything that has a lot of water consumption They believe this range of lot
sizes from one to three acres reflects the market better, has less water usage and is also a much more
efficient development with infrastructure
Commissioner Palizzi asked what happens when you can't get the water and development stops and now
you can't get the tax revenue needed to fund the whole authority Mr McDonnell said that the authority
exists through an agreement between two Metro Districts and there is a contract called the Authority
Establishment Agreement and in it they are capped at being able to develop roughly 30 lots per year The
investment required in infrastructure will be in 30 lot chunks and if they get to 30 or 60 or 90, they will only
build enough infrastructure to serve those homes He added that if for some reason water was not available
development would just stop and it would not create any additional strain on amenities or infrastructure
4
investment as they would only have built enough infrastructure and delivered enough water to serve how
ever many homes got through that phase Mr McDonnell said that the open space and the amenity area
is to be dedicated to the Authority and it will be the Authority's decision on how to program it and on what
amenities are appropriate and the size and the time of their delivery He added that if the Authority
determines that another swimming pool is a good investment then the authority can do that If they think
an equestrian center or a volleyball court or whatever it could be then it will be a decision of the Authority
and not of REI
Commissioner Palau reiterated his question that if 30 lots get built is that enough to then fund that existing
portion without the full build -out He added that if you can only get a portion of that it may not solve the
problem it seems Mr McDonnell said that some significant portion of the investment and infrastructure will
be an REI investment and added that is a private business going at risk to invest in public infrastructure in
hopes of recouping that money through lot sales He added that if the development would stop most of
that would fall on REI to invest in the infrastructure
Commissioner White asked Staff to clarify the statement that some of this land was taken out of the
development and yet they are still able to develop as many homes Mr Nader stated that the original
zoning allowed for 600 lots and 100 condpminiums and then it was changed to 800 lots He referred to the
comment about the land being removed and geared toward the school and fire district and added that the
school and fire districts still own it but they have no interest in developing it until it is warranted
Commissioner Wailes asked if the development is following current zoning regulations or are they
grandfathered in Mr Nader said it is a unique development and said that in the 1980's it was established
as a PUD with R-1 and Agricultural uses, in addition to oil and gas development The current proposal
meets the R-1 zone district standards with the exception of the septic, which is already established via the
PUDZ back in the 1980's He added that this has been established for a very long time, however, they
have not pursued the second filing until now He added that it will take multiple years to phase this
development and would like to see this timeline cleared up
Commissioner Biwer referred to a comment that because of the change to the lot sizes, the PUD is invalid
and asked if this still falls within the existing criteria Mr Nader said that it does meet the code
Commissioner Palizzi asked where the 2 5 acres came from Mr Nader said that the 2 5 acres came from
the first filing, however, the existing zoning at the time allowed less than 2 5 acres but that was just the
proposal at that time with the first filing
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case PUDF24-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Michael Biwer
Vote Motion carried by unanimous roll call vote (summary Yes = 6, No = 2)
Yes Barney Hammond, Calven Goza, Michael Biwer, Michael Pahzzi, Michael Wailes, Virginia Guderjahn
No Butch White, Cole Ritchey
Commissioner Hammond stated that he is not comfortable with a plat not showing 2 5 acres He believes
the plat should show a survey plat with each lot being 2 5 acres He also expressed concern with water
and added that he believes they are counting on future water usage and he doesn't feel comfortable with
that
Commissioner Goza echoed Mr Hammond's comments and added he is concerned about the water tap
situation but feels that the applicant has met all the requirements
5
Commissioner Palizzi stated that technically this applicant meets all the requirements However, he echoed
Mr Hammond's comments as well and added that the water issue is concerning and should be looked into
more
Commissioner White said that he doesn't not believe that it is a benefit, however it meets the compatibility
with current conditions in the area He believes the water with a budget tap is not going to satisfy the uses
there and added that he is concerned that they are setting folks up for failure
Meeting adjourned at 4 49 p m
Respectfully submitted,
i" 45 \iekintc, Knstine Ranslem
Secretary
6
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