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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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