Loading...
HomeMy WebLinkAbout20252342.tiffHearing Certification Docket No. 2025-45 Board of County Commissioners Weld County, Colorado Planned Unit Development Final Plan, PUDF24-0001, for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 (Low -Density Residential) Zone District uses — REI, LLC, dba Investors, LLC A public hearing was conducted on August 20, 2025, at 10:00 a.m., with the following present:. Commissioner Perry L. Buck, Chair Commissioner Scott K. James, Pro-Tem Commissioner Jason S. Maxey Commissioner Lynette Peppier Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services Representative, Maxwell Nader Development Review Representative, Mike McRoberts The following business was transacted: (Clerk's Note: Part 1 Teams recording start timestamp 1:10.) I hereby certify that pursuant to a Notice dated July 16, 2025, and duly published July 18, 2025, in the Greeley Tribune, a public hearing was conducted to consider the request of REI, LLC, dba Investors, LLC, for Planned Unit Development Final Plan, PUD24-0001, for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 (Low -Density Residential) Zone District uses. Karin McDougal, Deputy County Attorney, made this a matter of record. Maxwell Nader, Department of Planning Services, presented a summary of the proposal and stated the request is for the Second Filing of Beebe Draw Farms and Equestrian Center Planned Unit Development (PUD), which has been rebranded and is now known as Pelican Lakes Ranch (PLR). He relayed the proposal is broken into ten (10) phases and will be developed, per market demand. He provided details of the original PUD, which was approved in 1984 and amended in 1989, and relayed the PUD zoning will not be amended with this proposal and will adhere to the zoning established in AMZ-412. He stated the site is located west of Milton Reservoir, provided the distance to surrounding municipalities, noted the PUD is served by the Central Weld County Water District (CWCWD), and each residence has a septic system for sewage disposal. He discussed the details of Beebe Draw Farms Equestrian Center Corrected First Filing, S-299, which was recorded in 1989, and noted the 2001 application for a second filing, consisting of cc: PL(DE/Mu /DA /KR) 2025-2342 1O i2.4/aS PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 2 406 acres, was denied due to the large amount of oil and gas activity occurring in the area at the time, as well as the lack of build out in the First Filing. Mr. Nader stated notice was sent to 206 surrounding property owners (SPOs), 101 letters were received in response, the majority of which were in opposition, and he listed the general concerns outlined in the letters. He relayed the Department of Planning Services staff feels the proposal meets the criteria of Weld County Code Sections 27-1-60 and 27-3-10, and went through said criteria. He mentioned an Improvements and Road Maintenance Agreement will be required for on -site and upfront off -site improvements and referenced a letter from the CWCWD, dated August 14, 2025, which stated they have 95.5 shares of Colorado — Big Thompson (CBT), which equates to 191 budget taps dedicated for PLR. He discussed the septic, density of Filing No. 2 compared to Filing No. 1, the phasing/timing of development, amenities, and landscaping. He provided clarification on mining activity, stating Milton Reservoir is currently being dredged, but noted this activity and operations are not part of this submittal and should not be part of the consideration for PUDF24-0001. He displayed images of the site and surrounding views and entered the favorable recommendation of the Planning Commission (PC) into the record, as written. Responding to Commissioner Ross, Mr. Nader confirmed the phased development approach allows water to be phased as well. Commissioner Ross explained a budget tap does not allow any outdoor watering, giving examples of a lawn, trees, or a horse, but noted owners could purchase full taps, which, in turn, would bring the total number of available water taps down. Mr. Nader confirmed there will be no wells in the proposed Second Filing and confirmed the dredging of Milton Reservoir is an agricultural use and a Use by Right. In response to Commissioner Maxey, Mr. Nader clarified that United Power (electric service) provided a letter with the initial submittal, but did not return a referral response. Commissioner James referenced Section 27-1-60.E (criteria for approval) questioning the application being submitted for the totality of the plan, and Mr. Nader clarified there are phases within the total plan, and confirmed the Board can approve the request without all of the necessary water in place, up -front, and relayed the Development Agreement will have safeguards in place regarding the requirement for water. In response to Commissioner Peppier, Mr. Nader restated the reason the 2001 application was denied and noted Filing No. 1 is currently 88% developed. Mike McRoberts, Department of Planning Services, Development Review, stated access to the project will be on County Road (CR) 32 and CR 39. He relayed the accesses on CR 39 will be via an existing access located at the intersection of CR 39 and Beebe Draw Farms Parkway and a proposed intersection located approximately 2,900 feet north of CR 32. He relayed the proposed access on CR 32 will be located approximately 2,000 feet east of CR 32 and iterated both CR 32 and CR 39 are paved, collector roads. He referenced the Traffic Impact Study, which indicated, at full development, the project will generate 2,636 daily trip ends. He stated an Improvements and Road Maintenance Agreement, a Final Drainage Report, and a Grading Permit will be required. 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 3 Bruce O'Donnell, manager of Pelican Lake Ranch, in response to Chair Buck, indicated he had not had contact with any of the Commissioners regarding this case. Mr. O'Donnell provided a PowerPoint presentation (Exhibit M), stated PLR is approximately 3,500 acres, provided the general location, relayed it is zoned PUD with R-1 Residential uses, and indicated the Beebe Draw Farms Authority (BBDFA) is responsible for infrastructure, amenities, operations, and maintenance. He displayed an image of the proposed Second Filing, and stated the lot sizes would range from one (1) to three (3) acres, approximately 50 oil and gas wells have been plugged and abandoned, and one remaining well will be plugged and abandoned within the next couple of years. He asserted their design exceeds the County's requirement for individual septic tanks, which is one (1) dwelling unit per two and one-half (2.5) acres, and relayed they are proposing one (1) dwelling unit for every three (3) acres. He discussed the timing of the phased PUD, including construction and the acquisition of additional water based on market conditions, with the anticipation of building/selling approximately 30 lots per year. He relayed the Development and Improvements Agreement with Weld County will govern the phasing and infrastructure investment, and indicated no Building Permits will be issued by Weld County unless the applicant has proven a sufficient water supply. He displayed an image of the phasing plan and stated heavy construction traffic will be prohibited from going through Filing No. 1. Todd Johnson, Terra Forma Solutions, Inc., explained the total number of parcels outlined in the original PUD is 880, so infrastructure is being designed to handle the total number of parcels, not just the 283 associated with phase 1, and he discussed the anticipated infrastructure. Mr. O'Donnell, displayed the Will Serve letter from the CWCWD, confirmed they can acquire more as water shares are sold off, and indicated they estimate they currently have sufficient water for five (5) to six (6) years -worth of construction. He discussed their community outreach efforts, which consisted of two (2) town hall meetings, and compatibility, comparing the existing community to the proposed development. Commissioner Maxey thanked the applicant for including the prohibition of construction traffic in the existing community in the Development Agreement. In response to Commissioner Maxey, Mr. O'Donnell restated the previously mentioned regulations for individual septic tanks, and Mr. Nader clarified, although it is commendable the applicant exceeded the perceived requirement, those regulations are not a requirement of the PUD, and he relayed that, historically, the County has allowed septic on as little as one (1) acre when there is municipal water service available. At 11:56 a.m. the Board recessed fora lunch break until 1:15 p.m. At 1:15 p.m. the Board reconvened, and prior to opening the hearing for public comment Chair Buck disclosed she had visited SPO, Kim Coleman's home, not regarding this matter, but related to odor and dust. 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 4 Roy Wardell, SPO, owns a ranch in the area that was his grandparent's homestead 115 years ago. He stated the initial subdivision was a mistake, due to the remoteness and lack of services such as schools and fire service, and asserted the proposed development needs to be stopped. Denise Wood deferred her time to Dr. Linda Black, a 23 -year resident, and the current president of the Beebe Draw Farms Property Owners Association (POA); however, she only represented herself, not the the POA in her statements. She referenced the community PowerPoint presentation (Exhibit R), and noted that two (2) Planning Commissioners voted against the proposal and two (2) expressed serious concerns. She asserted the applicant held only one (1) community meeting, two (2) weeks prior to the PC hearing, thus citing a lack of community engagement on the applicant's part. She referenced a displayed map (Exhibit Z) showing the residences of the 259 citizens who signed a petition, in opposition, and shared her thoughts on a successful Filing No. 2, which would include 25% less density. She asserted there were errors and inconsistencies in the application, indicated the BBDFA is responsible for the roads for the existing community, not the POA, and stated the lack of continuity between the existing and proposed development violates the Development Plan's requirement for continuity. Responding to Commissioner Maxey, Dr. Black relayed there is support for development, but the concern is the density that is being proposed, and she stated the process lacked meaningful engagement with the existing residents. In response to Commissioner Ross, Dr. Black agreed the proposal meets the County requirements but is a suburban development in rural area. Rhonda Pellatz and Beth Lee deferred their time to Carl Pellatz, who compared the original 1989 PUD application to the Filing No. 2 (referred to as F2) application. Referencing Exhibit R, he displayed the AMZ-412 PUD Plat, discussed the difference in proposed density, and reviewed the plat notes of the replat, S-299. He compared the difference in the number of horses allowed, setback requirements, distribution of lot sizes, and open space, and questioned how a homeowner will water the required ten (10) trees and any animals with budget taps. In response to Commissioner Ross, Mr. Nader clarified that AMZ-412 did not specify allowed animal units but is the basis for the R-1 zoning, which allows two (2) animal units, per lot. Responding to Commissioner Peppier, Mr. Nader relayed the failing septic systems in the area are most likely a combination of the sandy soil and age, and responding to Commissioner Maxey, Mr. Nader confirmed the original zoning of the PUD dictates the number of animal units allowed, not current Code. Laura Svedman deferred her time to Carl Pellatz to finish his presentation. Mr. Pellatz continued to compare the differences between Filing No. 1 and Filing No. 2 and asserted the character of Filing No. 2 being significantly altered benefits the developer, at the expense of the taxpayer. In response to Commissioner Ross questioning Mr. Pellatz's last statement, he explained if the developer defers expenses to the BBDFA for needs 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 5 such as a septic treatment facility, due to failed septic systems, the taxpayers will ultimately be responsible for such expense. John Coleman deferred his time to Kim Coleman, who referenced Weld County Code Chapters 23, 24, 25, 27, and Ordinance #2025-01, and stated the infrastructure assignment has not been met, which creates uncertainty that, in turn, burdens the County and its residents. Regarding Chapters 24 and 25, which require the applicant show adequate water quality, quantity and dependability, she asserted there is not enough water for the first phase, much less the full buildout of Filing No. 2. She compared the water allowance of a full tap to a budget tap, which leaves future expenses for full service dependent on additional purchases, and she quoted Planning Commissioner comments regarding water. She discussed open space and stated the long-term costs fall onto taxpayers. In response to Chair Buck, Mrs. Coleman explained some Filing No. 1 residents are experiencing issues obtaining enough water, and mentioned limited fire access, to which Mr. Nader relayed the LaSalle Fire District had no concerns about the lot layout or emergency access. Responding to Commissioner James, Mrs. Coleman described a "half tap" or "budget tap" as being a 50% tap, for domestic use only, so trees, lawn, and outdoor animals cannot be watered. Mr. Nader explained Weld County eliminated PUDs from the Code in late 2024, and the creation and purpose of Ordinance #2025-01 was to address existing PUDs and remove the requirement to have all landowner signatures for a PUDZ (PUD Change of Zone) amendment, which is not what the current request is. In response to Chair Buck, Mrs. Coleman stated, when they purchased their home, they believed all subsequent phases would be similar to Filing No. 1, and responding to Commissioner Maxey, Mrs. Coleman clarified infrastructure for the existing development is funded by oil and gas funds and tax base from members of Filing No. 1, not the developer or taxpayers as a whole. She asserted the BBDFA is at a $10,000,000.00 deficit to build the required infrastructure for Filing No. 2, and responding to Commissioner Ross, who stated it is not uncommon for metro districts to take on debt to cover infrastructure costs, she indicated their mill levies do not get increased to cover needed infrastructure like they do in a municipality. (Clerk's Note: See Part 2 for second half of Teams recording.) Kristanne Korsgaard deferred her time to Kent Lewis who spoke about responsible development, and, comparing Filing No. 1 to the proposed Filing No. 2, asserted that "like to like" is key. He referenced a slide in Exhibit R, which showed the average lot size in Filing No. 1 being 2.5 acres, and Filing No. 2 being 1.8 acres, equaling 38% smaller lots, and stated Filing No. 2 does not maintain consistency with Filing No. 1, as required in the original Development Plan. He relayed four (4) Planning Commissioners had serious concerns regarding the viability of Filing No. 2 and requested the Board ensure the lot sizes in Filing No. 2 are consistent with those in Filing No. 1. Melba Farley and Barry Brovhard deferred their time to Jill Bailey. Ms. Bailey stated the three (3) of them live south of, not in, PLR, so they spoke with the neighbors surrounding 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 6 PLR. She asserted the two (2) most asked questions when visiting with SPOs were regarding water and traffic. She referenced a slide in Exhibit R that provided details about the available water taps from the CWCWD, and their annual allotment amount, as well as average monthly usage for a home in the BBDFA. She referenced another slide that showed the monthly water usage of a home near hers that lost the use of their well and explained the costs associated with using a budget tap through the CWCWD. She discussed the Foxhill Aquifer issues and traffic concerns. She provided the number of truck trips per day on CR 32, suggested there will be even more congestion with the opening of a new dog food factory on the frontage road between CR 32 and CR 34, and relayed there are no good detours when construction begins at the intersection of CR 32 and CR 39. Responding to Commissioner Ross, Ms. Bailey showed on the displayed map (Exhibit Z) the area where they live, and Mr. Nader confirmed the BBDFA would not be able to override the authority of the CWCWD regarding outside landscaping and the number of animal units on a property. Ms. Bailey finished by stating that the area is not conducive with a metropolitan -type density. Linda Cox deferred her time to MaryJo Farrell who, referring to a slide in Exhibit R, provided a market analysis for the proposed Filing No. 2 development. Ms. Farrell stated it took 32 years to sell 168 lots in Filing No. 1, and 18 lots are still not developed. She relayed that in Weld County the days that homes are remaining on the market is rising, the number of active listings is rising, and prices are stagnant or falling. She noted it will cost a home buyer $120,000.00 to increase from a half/budget tap to a full tap and displayed a median sales price graph for Weld County and Colorado. Patty Caldwell and Mike Konkel deferred their time to Bill Caldwell, who focused his presentation on the loss of amenities in Filing No. 2, including open space, wildlife and equestrian areas, due to the on -going 990 -acre mining operation on land within the BBDFA, which is projected to last 20 years. He referenced a slide in Exhibit R showing a map of Milton Reservoir and the surrounding area and another slide of a Zoning map. He showed aerial images of the mining operation and asserted the developer has not abided by the Authority Establishment Agreement (AEA), which states an amenity cannot be transferred unless the District 1 Board approves said transfer. He asserted the mining will destroy a historical equestrian trail area by piling 100 -foot tall sand piles on it and expressed concern about limited access for emergency responders with only one (1) access road into the Filing No. 2. Mr. Nader confirmed for Commissioner Ross that the mining is not being considered as part of this application and clarified that mining is not allowed in the R-1 (Low -Density Residential) Zone District; however, the area in question is a PUD Zone District with R-1 uses, not an R-1 (Low -Density Residential) Zone District. Brenda Lewis referenced Exhibit O, the petitions signed by PLR residents and surrounding neighbors, asserted the application fails to meet the Weld County Code and Ordinance #2025-01, and stated when she bought her home four (4) years ago she was told there would be more homes, but that development would consist of "big, beautiful homes." In response to Commissioner Maxey, Ms. Lewis clarified the total amount of land 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 7 and amenities that have been lost, partly due to the mining, is 990 acres, and Commissioner Maxey reiterated they are not considering the mining as part of the current application. Sharon Dillon, a retired accountant, read a prepared statement (Exhibit Y) and discussed the development finances. She stated the BBFDA budget shows a $12,500.00 deficit for 2025, for operations and maintenance (O and M). She referenced language in the AEA regarding how tax revenue must be distributed, with O and M expenses being covered in the annual budget, including reserves for replacements, then 80% of the remaining money allocated for infrastructure and 20% for amenities. Larry Suedmeier deferred his time to Ms. Dillon so she could finish her presentation. She provided the presumed 2029 road maintenance cost, which leaves the O and M account in the red and implied that in ten (10) years there still will not be enough money to purchase additional water shares. Steven Street deferred his time to Devyn Bailey who has a degree in biology with an emphasis in ecology. She stated the land proposed to be developed is a part of the High Plains Shortgrass Prairie and Sand Hill Grassland, which is a rare, fragile, and rapidly disappearing ecosystem, according to the U.S. Geological Survey in Colorado. She described the many benefits of the grasslands, the unlikelihood the native grasses would reestablish after being heavily disturbed, mentioned land stewardship, and asked the Board to consider denying the application, as proposed, due to the density and lack of protected space. Bret Pachello discussed water and estimated the cost difference between a budget tap and a full tap to be $2,850.00 more, per year. He implied buying a full share of CBT water is difficult and believed that burden should be on the developer. He questioned 191 shares being available and stated he thinks those shares also have to provide water for the 11 lots still undeveloped in Filing No. 1. Pamela Dechant Pachello stated she and her husband purchased three (3) lots in PLR, intending to build a home on, then sell, one (1) of the lots, and relayed they have not done so because they believe a half tap of water is not adequate. She stated, when they bought that lot in 2017, they were told by the CWCWD that there was plenty of water set aside and obtaining a full tap would not be an issue. She relayed the current cost for a share of CBT water, which is 228,000 gallons per year, ranges from $60,000.00 to $75,000.00, plus. She shared that they used 221,000 gallons at their home last year for two (2) people, two (2) dogs, a normal -sized yard and approximately 25 trees. Responding to Commissioner Ross, she clarified the home they live in has a full tap, with 300,000 gallons, which they purchased in 2017 for $22,000. Debra Wilcox -Moreland deferred her time to Jane Evans Cornelius, who is an owner and partner in Coyote Ridge Ranch, which is adjacent to the proposed expansion. She requested the Board deny the application or postpone their decision until issues regarding 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 8 water and sewer are addressed. She cited Section 22-2-30.A.2 of the Weld County Code and stated the proposed development does not protect agriculture. She referenced recent fire events and asserted agriculture and oil and gas operations both produce a fire risk, even when managed well, and noted there is a gas plant, gathering facility, three (3) fracking facilities, and two (2) drilling operations in close proximity, and she described the traffic on CR 32. In response to Commissioner Ross, Mr. Nader read the majority of the Right to Farm Statement in the Weld County Code and Commissioner Ross reiterated said statement does not mean you have to farm, it just means you have the right to farm. Jeremy Thompson, a patrol deputy with Boulder County, stated citizens must value quality of human life and iterated that more people living in a condensed space, with more animals, will create more problems and require additional law enforcement and animal control services. He spoke about his experience working in response to natural disasters and stated most of those situations are made worse by congestion and a dense population. Jeffrey Heley expressed concern with the impact the proposed development could have on the water supply, infrastructure, traffic flow and overall safety. He stated, when he purchased his home five (5) years ago, he was told their lot was the last to be sold in PLR. In response to Commissioner Peppler, Mr. Nader confirmed the open space is maintained by the HOA and the undeveloped lots are the responsibility of the landowner. Candice White discussed the school district and stated one (1) school has closed and the students had to be transferred to another school, which is a one and one-half hours (1.5) bus ride, each way. Citing statistics, she implied that according to the average number of children per household, a new school for 284 homes would cost $170,400,000.00, not including the land, road infrastructure or hiring staff. Mr. Nader indicated a letter was received from Weld County School District RE -1, which indicated they are aware of the proposal of 284 new homes, as well as the 36 acres of land previously dedicated by BBDFA to the School District, stated they will continue to serve the residents of PLR, and noted the District does not have an obligation to build a school, and the dedicated land can be used for whatever the School District chooses. There being no further comments, Chair Buck closed the public input portion and recessed the hearing for a ten (10) minute break. Upon reconvening, Mr. O'Donnell addressed public comment and stated they have a very active, ongoing, relationship with the LaSalle Fire Department and REI, LLC, has provided land for a future fire station site in the PUD, east of and adjacent to the School District land. In response to Commissioner James, Mr. Nader reiterated the original PUD had this many septic systems in mind when it was approved, noting septic suitability reports and soil tests were done at that time. Mr. O'Donnell confirmed the BBDFA is responsible for owning and maintaining the new road system, and new home construction will contribute to the tax base. Responding to Commissioner Ross, Mr. O'Donnell stated, as the BBDFA 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 9 infrastructure account is insufficient to develop even the roads for even just the first phase of Filing No. 2, REI, LLC, will have to contribute money for roads to be built, and will do so by taking out development loans. In response to Commissioner James, Mr. O'Donnell relayed the expected expenditure to improve CR 39 will be paid for by the current property owners, the developer, and the two (2) metro districts, according to the provisions of the AEA. He asserted the development of Filing No. 2 will create looped water systems and better emergency access due to looped roads. Addressing the housing market, he iterated the reason it took 32 years to build out is that the lots in Filing No. 1 are too big, so they absorbed slowly, and relayed Filing No. 2 has smaller lots, which are more affordable. Regarding groundwater depletion, he noted they are only able to get water from the CWCWD, via CBT, and are prohibited from introducing other sources of water in the CWCWD system, therefore, there will be no aquifer depletion, and clarified CBT is the only water the CWCWD has. Mr. O'Donnell stated there will be a new 4.5 -acre amenity site in Filing No. 2, along with the existing Lake Christina and an equestrian area east of Filing No. 1 and clarified for Commissioner Maxey, on a displayed map, the location of the amenity site. Responding to Commissioner James, Mr. Nader explained the original intent and flexibility of PUDs, how they interact with R-1 zoning and how amenities factor in. There was additional discussion regarding the number of animal units per acre and how state law dictates such issues and rights in covenant controlled communities. Jack Reutzel, with Fairfield and Woods, P.C., stated his firm represents REI, LLC, and is working on modernizing the covenants for Filing No. 2. He indicated the Colorado Common Interest Ownership Act (CCIOA) does not dictate the number of animal units, and, in turn, Mr. O'Donnell stated he can commit to keeping the same number of animal units in Filing No. 2 as allowed in Filing No. 1. In response to Commissioner James, Mr. O'Donnell stated there is currently a HOA for Filing No. 1 and the new Declaration of Covenants that will be established are applicable only to Filing No. 2 and future filings, not Filing No. 1, so there will be two (2) different HOAs, two (2) metro districts and the BBDFA, which all work together on things such as infrastructure and O and M. Mr. O'Donnell reiterated the development is served by, and can only use, the CWCWD water, of which there are 95.5 shares of CBT dedicated to PLR. The owned, but undeveloped, lots in Filing No. 1 have access to said water on a first come, first served basis, and when it is built, Filing No. 2 will draw from that 95.5 shares, as homes come online. He asserted the budget tap is not a requirement, regulation, or policy of the CWCWD, but rather is a construct of the BBDFA, so the residents have some say in the ability to influence the allocation of water. Mr. Thompson stated REI, LLC, is planning for all 800 lots when considering the physical infrastructure in the ground and reminded everyone that Filing No. 1 was also phased, with some roads being built just a few years ago. There was additional discussion regarding the in -ground infrastructure size, water use allotment for a half tap, versus a full tap, as well as watering of common areas. 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 10 Commissioner Peppier referenced Condition of Approval (COA) #1.1.12 (during development land disturbances shall not create nuisance conditions) in the Draft Resolution (Exhibit AB) and Mr. Thompson described the County and state regulations they have to abide by to mitigate nuisance conditions. In response to Commissioner James regarding the Town of Platteville's referral response as it relates to traffic, Mr. Thompson and several members of staff discussed the Development Agreement, Improvements and Road Maintenance Agreement, and contributions for a proportional share of maintenance for CR 32 and CR 39. In response to Chair Buck, Mr. O'Donnell stated he had reviewed the Conditions of Approval, as written. The Board discussed the Conditions of Approval in the Draft Resolution (Exhibit AB), including changes made by staff after the PC hearing, such as changing the language in COA #1.D, and removing COA #1.D.1, #1.D.2, and #1.D.3 (all relating to the [Development and] Improvements Agreement). Regarding COA #1.1.9 (water service being obtained from the CWCWD), there was debate about the verbiage "may be", versus "shall be", and no change was made. After discussion, Commission Maxey suggested deleting the first sentence of COA #1.1.13 (triggers of an Air Pollution Emissions Notice). The Board agreed to all of the aforementioned changes. In response to Chair Buck, Mr. O'Donnell indicated he had reviewed, and agreed to abide by, the Conditions of Approval, as amended. No public testimony was offered regarding changes made to the Conditions of Approval. Commissioner Maxey recapped the topics discussed to this point, including water, septic, emergency services, traffic, lot size, and density. Commissioner Ross stated he supported the plan for construction traffic to not go through the existing community, which keeps noise and dust down, relayed that water being phased is common, and stated he appreciated the applicant's willingness to ensure the same number of animal units as Filing No. 1. Commissioner James cited Section 22-2-30.A.2, which states, "Limit the density and intensity of development to maintain agricultural areas" and stated, due to Filing No. 2 being so densely populated, the application does not meet the criteria of maintaining agricultural areas. Citing Section 22-2-30.C.2, which states, "Establish residential development options based on compatibility, proximity to municipalities, and availability of services that reflect the desired density and character of that location", he stated the application is not compatible due to its lack of similarity to Filing No. 1, proximity to a municipality, and lack of necessary services such as water and wastewater. He indicated the application does not meet the criteria of Sections 27-160.E.2.a, as there is uncertainty regarding adequate water availability from the CWCWD; 27-1-60.E.2.c, as the concerns of the Town of Platteville related to traffic have not been addressed; or 27-1-60E.2.e, as Atmos Energy will need to build significant system improvements in order to serve the subject property, therefore, he stated he cannot support the application. Commissioner 2025-2342 PL0003 Hearing Certification (PUD24-0001) — REI, LLC, dba Investors, LLC Page 11 Peppier echoed Commissioner James's comments and Chair Buck cited a lack of compatibility with Filing No. 1, water uncertainty, and traffic as her concerns. There was extensive discussion among the Board regarding water and density, and Commissioner Peppier cited past cases where applicants were expected to work diligently with SPOs and noted that was not evident with this application. Commissioner James, citing his previously mentioned findings, moved to deny the request of REI, LLC, dba Investors, LLC, for Planned Unit Development Final Plan, PUD24-0001, for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 (Low -Density Residential) Zone District uses. The motion was seconded by Commissioner Peppier and passed on a vote of three (3) to two (2), with Commissioners Ross and Maxey opposed. There being no further discussion, the hearing was completed at 5:06 p.m. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Hearing Certification, on motion duly made and seconded, by the following vote on the 3rd day of September, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Attest: Esther E. Gesick, Clerk to the Board 2025-2342 PL0003 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY :ADDRESS (CITY, STATE ZIP) EMAIL COUNTYOF RESIDENCE SPEAKING (YIN)? M J6 r��(� r4 q44 ra,rv6 s IA- s p Ia.-Ifrt,�rr tc, CO s',0,6,/u5/ gn6 . d - �(Ug a w€(4 'x G,,=- le ---. 64,(.,-;,,t0.- Ili Viii Air , S 3- / _ At PCs- gAck !41,, 11 O ryaVr Insl... S � , -, c, _ e, /fr / / tl_ 1.l l% A- 13 ,1* 14 it -i w c,v --d-- 64,c1 siG,/,41, ,JAZ k h sk, c ,(1 g)med.Cavl VC1e/ Jam' 91?-4,...II f l 8 ��cm5 / � j !c I e (0 A {C /f 4 65 ie0J A (0. 64,-,4,c Gam( (O Vo5 k-ks. (J xc do(y-,oe0 —F. C P.,c -. S 16(-11-6 I?) 6i44-i� C. b: �-fs„p `� , /,A y isk,i,--r L6--,-, ,,14e.F.0--Li,9 0 LI 6106, , (-A., I i k\i'l(-,,4i40 C44,110:at (ce 41/1- Qg _.,--,--ece,,,le___ --";,c\'\,t e , ''‘c:),:: -Y-13,' /6.,'(' 2'1 6-4.,,y 4 (2_. a -C-4-__77,7-7 .e,./,,,p-e. ta,"_, ;--f .,,,,r7 I (0 149 ( a ,_,_ ,-„, \A),,,_. cf,, 4),2„,„„ 1,,,),),,,,, tr.__)35x6 " G1( �' i ,I.,Q:8 c -L L3D) :No -161 (6 Lisp,.. �t ��lv►�P% • (' U✓>7 - y _'. ; IN 9.39v:. flt I `t 1,,(!�► I,b,, 03,1,04 11W {`Qiest»yyp •4eJ Q1.4. beNyn bc,.,lei,, L‘r , G 1 r�g5 Lc d arc 1�� co I e an X 1nAQ s2M vn c o l,Up Icy, N ,/lr4,m,-I <i- r/,,', e/ii e . 471,74/A-,, 64/1/ ii; .\;„,,,,,.6, 4 ,. \ c,a ,„ 1,,i aA N r-Y`�0 �` %�1. ,„ rr � � "l NI 6.,.\ \)a_Y 5\,.,y,„ p of ,.., t\(3,.wc 5- ►,e( -c i 1, y,) 5 5 \I- 1 c,,,,s,.._ 1 sc) c___ er.„ (, c-.-1 ,,,A (9 Y ATTENDANCE LIST NAMEPLEASE-PRINT LEGIBLY DRESS (CITY, STATE ZIP) EMAIL Ct UNTY,OF SPEAKING RESIDENCE (YIN)? S. L5,420,c, e ionic, 0rr‘Qu.5ev1. M€4 l - a_. el 1r045✓1 C55eeeA S ,3t,/U 3 < � t'1�� (.fi n, a -ol\ e.,A D us.ev).® nns�n- ales LRyrrrG�u�� ocJeZcd- L) s 4260 cx jirtukedastirei-ulaw 1Rv D' C3v N 2.c_ f (.(e ,8A Rp-y s.gico,k4.4 zs E spy , 0,rFR. v► ivR,v!e, ‘Rf3 w p_ (3551 0-1‹ gl rc,-fot 16,ffT 3 tve,ARIT e4 P9r OcR 3a R4,14,,ile DC SUS d)4F. -1ASsoc. Gvt 44k ie 75Oi u1,ces,,, lid c )(\e \ey',31"��.• i( Ob rb7(-476,t4,/ CJOA ' 2 jI Y? t.) ATTENDANCE LIST Z(' Wye. NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? L-(.U,Y \ ,)Nri -r► Co I r O Civ txtne'rc icri��) 1 -t (I ‘L c \ii.i t,_ +nos . ,c -O v, ,r \ Q 4 11. e\ A 9L . , , ca. ,.,,,,,i, a,:-)c,_,I„,:\„,, c ,, ii_D e..,��. -s eftevvIvi M ovvir6,011 1691 2 S+o0e I di), } )561,& drmvA tk.0 p,49.sq)►rr,ao We 1A Y A !Utc `5��3)1t'��Ec' {. i�ll t ci rC V1In'1�.��'1�A►a1�> ice. . =-tea `''' ', )? 6 r rA T J ( ' -1 O �cr�-O / : ', ig1'Xr . f ,,` i-4, /h.,/ f' -11.4/5-(,2 r,,,, -.7t ,,'fin «, 1 C 1. /6) A / giv ( V6./v 5 e o A,( Li( %� /4'360 Lo l 243 r J'eLorRQ �c b 6- coy -07,- Wa y 'N\ett ,, \,,, t 6 t S L\ C.'►i 3 ,TAir,, _ , _,d ,, O G -0-10,,k > r',...,,,,,,,—, ,R ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) eic.--0 EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? Fo_ygivt47O gei6( Y'lt)a)? 11,--P.--aii4 ralM Ueektrit i hd )b I U Li SO Ctvk ,ICe, l 7 1 �- I�G._c,nefia 1 b q$0 esskc lzas Li ud e. to C�� y rulI, ea n tdeJd Y Hello