HomeMy WebLinkAbout20061046.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 10, 2006
TAPE #2006-14
The Board of County Commissioners of Weld County,Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, April 10, 2006, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of April 5,2006,as printed. Commissioner Wad seconded the motion, and it carried unanimously.
READ ORDINANCE BYTAPE:Commissioner Vaad moved to read Code Ordinance#2006-3 and#2006-4
by tape. Commissioner Masden seconded the motion, which carried unanimously.
CERTIFICATIONOF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on April 5, 2006, as follows: 1) PZ#1085-Twin View Estates, LLC, Go LANDPROfessionals,
LLC, Attn: Lauren Light; 2) PZ #1099 - Soaring Skies Ventures, LLC, Go Timothy Halopoff, P.E.; and
3) PZ#1102 -Trinity Properties, LP, Go Todd Hodges Design, LLC. Commissioner Long seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
2006-1046
BC0016
Oct - ozb-o&
PRESENTATIONS:
RECOGNITION OF SERVICES,SHERIFF'S OFFICE-HENRY RUSCH: Chair Geile read the certificate
into the record, recognizing Henry Rusch for 31 years of service with the Sheriffs Office. Mr. Rusch
expressed his appreciation for the support he has received. Margie Martinez, Sheriffs Office, stated
Mr. Rusch began his career in 1974,was soon promoted to Sargent, and was promoted to Commander
in 2000. She stated Mr. Rusch completed all the polygraphs for hew hires, has participated in several
Christmas committees, and she expressed her appreciation to Mr. Rusch. Chair Geile expressed his
appreciation to Mr. Rusch, and wished him well in his retirement.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $470,837.94
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OF REFUND OF TAXES FOR 2003 - RANDY LOFQUIST/
MEAD FARM,LLC(CONTINUED FROM 04/05/06): Mike Sampson,Assessor's Office, stated additional
receipts were presented by the petitioner for review;however,a majority are from the year 2005. He stated
staff still recommends denial of the abatement. Randy Lofquist, petitioner,stated he can obtain an affidavit
from the farmer of the land, stating 2003 was the driest year in history, and he was not able to harvest a
crop. He stated farmers do not begin farming operations in January,which is when the representative of
the Assessor's Office visited the property. He further stated he does not believe it is fair that he paid over
$14,000.00 in taxes on the property, and no profit was made. In response to Commissioner Jerke,
Mr. Sampson stated a property is assessed as of January 1 every year, pursuant to State statute. He
stated the appraiser had been carefully monitoring the property,and the property was sold to Mead Farm,
LLC, as a commercial lot. He further stated there was no indication of farming activity for year 2003;
therefore, the Assessor's Office had to make a determination based on hard evidence. In response to
Commissioner Jerke, Mr. Sampson read the dates of the receipts submitted into the record, all within the
year2005. Mr. Lofquist stated he submitted receipts for discing and spraying the property from 2003, and
the activities were done to prepare to plant a crop in Fall 2003. Mr. Warden stated Exhibit A does contain
receipts from 2003. In response to Mr. Warden, Mr. Sampson stated those receipts relate to the 2004
petition. Commissioner Jerke stated the petitioner may appeal at the State level, and he does not believe
there is enough justification to grant an abatement;therefore, he moved to deny said petition, based upon
staffs recommendation. The motion was seconded by Commissioner Masden. Chair Geile stated he does
not support the motion, as enough evidence has been show that the land was used for agricultural
purposes. Upon request for a roll call vote, the motion carried three to two, with Chair Geile and
Commissioner Long opposed. Bruce Barker,County Attorney,advised the applicant to contact the Board
of Assessment Appeals within 30 days.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-LYLE ALBERTS AND DOROTHY
ALBERTS(CONTINUED FROM 04/03/06): Mr. Sampson stated staff recommends approval. He stated
the property should have been pro-rated since it was sold to an exempt entity; however,the property was
double assessed. He stated the Alberts paid in error, and the money should be refunded. Commissioner
Masden moved to approve said petition,based upon staffs recommendation. Seconded by Commissioner
Vaad, the motion carried unanimously.
Minutes, April 10, 2006 2006-1046
Page 2 BC0016
NEW BUSINESS:
CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND
AUTHORIZE CHAIR TO SIGN-JACK AND SHIRLEY FISCUS: Jeff Jerome, Department of Public Works,
stated this lease agreement is for soil and gravel excavation on the Fiscus property,and staff recommends
approval. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMENDMENTTOAGREEMENT FOR SERVICES FOR SHORT-TERM NEEDS GRANT AND
AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Sheriffs Office, stated this is an amendment to the
agreement for the Juvenile Accountability Incentive Block Grant, between Weld County, the Colorado
Judicial Department, and the 19th Judicial District Probation Department, for additional funding for the
Juvenile Female Offender Program. In response to Commissioner Jerke, Mr. Poncelow stated the
amendment will provide for$4,000.00 of federal grant money. Commissioner Jerke moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER APPOINTMENT TO THE REGIONAL COMMUNICATIONS ADVISORY BOARD:
CommissionerJerke moved to appoint Phillip Tiffany to the Regional Communications Advisory Board,with
a term to expire December 31,2006. Seconded by Commissioner Long,the motion carried unanimously.
HEALTH:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS- HAPPINESS IS A VIENNA HOT DOG CART:
TrevorJiricek, Department of Public Health and Environment, stated Retail Food Establishment licenses
are renewed on an annual basis,and of the 759 facilities in the County,752 have renewed the license within
the specified time frame. He stated four facilities have paid the fee for the license;however,they have not
paid the civil penalty assessed due to late payment. He stated three facilities have not paid the fee for a
license, nor the civil penalty fee assessed due to late payment. He further stated a brief history and log of
contacts made has been provided for each facility. Mr.Jiricek stated this establishment paid for a license
on April 3,2006;however,the civil penalty assessed for late payment has not been paid. He stated multiple
notices were also sent to the facility last year. Judith Nashlund, operator, stated she was not able to pay
her license fee on time due to a illness occurring in late December, and the resulting medical bills. In
response to Chair Geile,Ms. Nashlund stated she has always paid on time,and does not believe she should
have to pay the assessed civil penalty. Mr. Jiricek stated staff is sympathetic to financial situations;
however,twelve other facilities have already paid the assessed civil penalty for late payment. He stated if
the facility has not been operating for an extended period of time, the operator should have contacted the
Department, and records show the operator never contacted staff. In response to Commissioner Vaad,
Mr. Jiricek stated the amount of the civil penalty is $250.00, and a payment plan for non-payment of civil
penalty fees has not been allowed in the past. Commissioner Vaad stated he is not in support of waiving
the fee, and suggested the operator work out a payment plan to get the penalty fee paid in full.
Ms. Nashlund stated she has not been in operation all winter. Dan Joseph, Department of Public Health
and Environment,stated there are approximately 50 mobile units within the County that pay the required fee
whether or not they are in operation during the winter. In response to Chair Geile,Ms. Nashlund stated she
does not have enough money to pay the penalty fee even if a payment plan were to be setup.
CommissionerJerke moved to authorize the County Attorney to proceed with legal action,with a provision
to include that the payment of the civil penalty must be paid in full by December 31, 2006. Seconded by
Commissioner Vaad, the motion carried unanimously.
(Changed to Tape #2006-15.)
Minutes, April 10, 2006 2006-1046
Page 3 BC0016
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS-THE LOCKER ROOM: Mr. Jiricek stated this
matter is a similar situation to the previous matter. He stated the establishment has been notified numerous
times regarding non-payment of the license and civil penalty. He stated the operator paid for the license
fee on March 12,2006; however, payment for the civil penalty fee has not been received. He further stated
numerous notices regarding non-payment were sent last year,and the operator also paid a civil penalty for
late payment in 2003. Dan Esquivel, operator, requested that the Board waive the civil penalty since the
fee process is flawed. Mr. Esquivel stated a letter was sent December 1, 2005, reminding him to pay for
his food service license, and another reminder was sent February 1, 2006. He stated he paid his food
service license fee on March 10,2006,and was told at that time that a civil penalty was also due. He further
stated sufficient notice was not given to him that the license had to be paid by March 6, 2006 to avoid the
civil penalty, or he would have paid earlier. Mr. Esquivel stated the letters sent to him do not designate a
specific date to pay by. In response to Commissioner Vaad, Mr. Jiricek stated the license itself lists an
expiration date of December 31 of the given year. Mr. Joseph stated renewal letters are sent out
December 1, with a follow-up letter sent on February 1 if an establishment has not paid. He stated if an
establishment has not paid prior to January 1, it is essentially operating without a proper license. Further
responding to Commissioner Vaad, Mr.Jiricek stated the letter sent on December 1,2005, makes it clear
that the operator is paying the food service license fee for the upcoming year. He stated the letter to Mr.
Esquivel served as a reminder that the 2005 license was expired and that the 2006 license application
needed to be submitted with the appropriate fee. In response to Commissioner Vaad, Mr.Joseph stated
the letter sent on February 1, 2006 stated that failure to comply would subject the operator to a civil penalty
fee of not less than$250.00. He further stated a call was placed to the operator on March 2,2006, notifying
him payment should be received by March 6, 2006, in order to avoid a civil penalty. In response to
Commissioner Masden,Mr. Esquivel stated he has been in business over 14 years,and he has never been
aware that the food service license fee must be paid by March 6 to avoid a civil penalty fee. He further
stated he did not receive a phone call from staff on March 2, 2006. Mr. Jiricek stated letters and verbal
contact had been provided to the operator, and the history of the establishment speaks for itself since the
operator paid a civil penalty in 2003. He further stated only seven of 759 establishments failed to pay a food
service license fee on time; therefore, expectations regarding fee payments are clearly known.
Commissioner Vaad moved to authorize the County Attorney to proceed with legal action,but to delay action
for 30 days to allow the establishment to pay the civil penalty fee. The motion was seconded by
CommissionerJerke. Chair Geile expressed his concerns that the assessment of a civil penalty is not clear
to an operator of an establishment,and the Department needs to ensure that adequate notification is given.
In response to Commissioner Jerke, Mr. Jiricek read a copy of the letter dated February 1, 2006, into the
record. Chair Geile commented that the letter states a civil penalty"may" be addressed. In response to
Chair Geile, Mr.Jiricek stated the applicant was notified that a civil penalty fee would be assessed during
the March 2, 2006, phone call. Upon request for a roll call vote, the motion carried four to one,with Chair
Geile in opposition.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS-BUFFALO SPIRIT CAFE: Mr.Jiricek stated this
facility has received similar notifications as described in the previous two matters. He stated the manager
of the establishment was contacted on March 2, 2006, and a certified letter was sent on March 8, 2006.
He stated the food service license fee was paid on March 30,2006;however,the civil penalty was not paid.
Debra Eaves, operator, stated an inspection of her facility took place on March 2, 2006, and the report
states she was not present during the inspection. She stated upon receiving the certified letter, she
contacted the Department to notify staff that her State Sales Tax record was incorrect,and she was notified
by staff that an old restaurant name could be added to the certificate so that she would be in compliance.
She further stated she contacted the Department of Revenue to give notification that she had a new
business name; however,the Department of Revenue has not been able to correct the issue. Ms. Eaves
stated she made an attempt to pay the license fee, and she never received a phone call from Department
Minutes, April 10, 2006 2006-1046
Page 4 BC0016
staff. In response to Mr. Jiricek, Ms. Eaves stated she spoke with a staff member named Cindy prior to
March 29,2006, regarding the sales tax number. Mr.Jiricek stated he was not aware that the operator had
been in contact with staff regarding the issue,and requested a continuance of the matter to try and resolve
the issue. Ms. Eaves clarified that she has paid the fee for the food service license. Commissioner Masden
moved to continue said matter to April 17,2006,at9:00 am. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS-D AND H FARMS: Mr. Jiricek stated this is the
final facility that has paid the food service license fee, but has neglected to pay the civil penalty fee. He
stated staff left a message on March 2, 2006, at the telephone number provided on file for the
establishment. He further stated multiple notices have been sent for the past two years. Deb Newsom,
operator,stated she is required to obtain a food service license in order to sell eggs at the Farmer's Market,
and she was under the impression that she could choose not to renew the license if she decided not to sell
eggs. In response to Commissioner Jerke, Ms. Newsom stated she did pay the food service license fee,
since she had not decided whether she would be selling eggs at the Farmers Market in the near future. Mr.
Jiricek stated Ms. Newsom did not communicate with staff that she was considering not obtaining a license
for year 2006, and requested a continuance of the matter. Commissioner Masden moved to continue said
matter to April 17, 2006 at 9:00 a.m. Seconded by Commissioner Jerke,the motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS - JIMMY JOHNS GOURMET SANDWICH:
Mr.Jiricek stated the establishment has paid for both fees;therefore,he requested the matter be dismissed.
In response to Chair Geile, Mr. Barker stated a motion to dismiss the matter is needed. Commissioner
Vaad moved to dismiss said matter. Seconded by Commissioner Jerke,the motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS-LONCHERA DON POLO: Mr.Jiricek stated staff
has made attempts to contact the establishment by phone; however, the phone number has been
disconnected. He stated the establishment is a mobile unit,and staff has been unable to locate it;therefore,
staff does not have knowledge of whether the establishment is in operation. In response to Commissioner
Jerke, Mr.Joseph stated staff has sent two letters by certified mail,which have both been signed for by the
owner. Commissioner Masden moved to authorize the County Attorney to proceed with legal action.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS - SAXBY'S COFFEE: Mr. Jiricek stated
staff attempted to contact the establishment by phone on March 2,2006,and certified letters were sent on
March 8 and 29, 2006. He stated several notices were sent last year to facilitate payment, and the
establishment has not paid for the food service license or the assessed civil penalty. He further stated the
establishment is in the process of coming under new ownership. Scott Zern stated he is currently in
negotiations to purchase the property, and the sales tax license was received two weeks ago. He stated
he was unaware the food service license fees were unpaid; however, he is willing to pay the fees to resolve
the matter. He further stated the closing on the sale of the business has not been scheduled,and staff was
uncertain how to proceed with the fees and change of ownership. Mr. Jiricek stated the current owner
should have paid for the fees to operate until the sale of the property,which has not been done. In response
to Chair Geile, Mr.Zern stated a new sales tax license has been obtained, and the Franchise Agreement
has been signed; however the sale will not be complete until the past bills have been paid. Further
responding to Chair Geile, Mr. Zern stated he was not aware the fees were unpaid when the Franchise
Agreement was negotiated. Commissioner Vaad commented that taking legal action would not determine
that the bill exists,as it is already documented. Mr. Barker stated the penalty is issued to the individual who
Minutes, April 10, 2006 2006-1046
Page 5 BC0016
is obtaining the license, not the business. He further stated if Mr. Zern is willing to pay the fee, it does not
need to be sent to the County Attorney's Office for collection. Mr. Joseph stated staff was unaware what
would happen to the new owners if the matter were to be enforced on the previous owner,and staff wanted
to bring the matter before the Board to make sure the proper action is taken. In response to Mr. Joseph,
Mr. Barker stated he considered the matter to be a new license,and paying off the existing amounts owed
by the previous owner is at Mr.Zern's discretion. In response to Chair Geile, Mr. Barker stated the Board
may still proceed with legal action against the previo.us owner. Commissioner Vaad moved to authorize
the County Attorney to proceed with legal action, but to delay action for 30 days in order for the parties to
complete the sales contract. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS-THE SQUEEZE BOX: Mr. Jiricek stated the
establishment has received numerous notices, including certified letters and a phone message on March
2, 2006. He stated a phone message was left on April 5, 2006, and on the same day, staff could not
complete an inspection because the establishment was closed;however,the facility is open and operating.
He further stated multiple notices of non-payment have been sent for the past two years, and the operator
paid a civil penalty fee in 2004. In response to Commissioner Jerke, Mr.Joseph stated the establishment
is a bar and mainly serves liquor; however,they must obtain a food service license since a few food items
and ice for drinks are served. CommissionerJerke moved to authorize the County Attorney to proceed with
legal action. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER REVOCATION OF CHANGE OF ZONE, PZ#629-DALLAS AND MARJORIE SCHNEIDER:
Brad Mueller, Department of Planning Services, stated staff received a letter, dated February 9, 2006,
forwarded by Pickett Engineering, Inc., on behalf of Dallas and Marjorie Schneider. He stated Change of
Zone, PZ#629,was approved by the Board on September 15,2004;however,a plat has not been recorded.
He stated the applicants have requested withdrawal of the Change of Zone, and staff is in support of the
request. Commissioner Vaad moved to approve said revocation. The motion was seconded by
Commissioner Masden. In response to Commissioner Jerke, Mr. Barker stated approving the Resolution
would revoke Change of Zone, PZ#629,and return the property to the A(Agricultural)Zone District. There
being no further discussion, the motion carried unanimously.
FIRST READING OF ORDINANCE#2006-3, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS,CHAPTER 29(BUILDING REGULATIONS),OF THE WELD COUNTY CODE: Roger Vigil,
Department of Planning Services,stated the proposed changes have been approved by the Building Trades
Advisory Board. He stated Section 29-2-70, regarding the National Electrical Code,will include the 2005
Edition,with amendments. He stated an amendment to Section 29-8-40 will provide an expiration date on
building permits;the 12-month period has been increased to include all structures valued at up to$200,000;
Section 29-7-130, regarding Certificate of Occupancy will be deleted;and Section 29-3-20,which requires
a Certificate of Occupancy for all structures, will remain in the Code. Commissioner Vaad moved to
approve Ordinance #2006-3 on first reading. Seconded by Commissioner Long, the motion carried
unanimously.
Chair Geile called a recess.
FIRST READING OF ORDINANCE#2006-4, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 22 (COMPREHENSIVE PLAN) AND CHAPTER 26 (MIXED USE
DEVELOPMENT),OF THE WELD COUNTY CODE-PIONEER COMMUNITIES, INC.: Upon reconvening,
Mr. Mueller requested time for public comment following his presentation because some of the public in
attendance cannot stay. Mr. Mueller stated an application for the creation of a new Urban Mixed Use
Development area requires a new Structural Land Use Map, amended land use categories, and revision
Minutes, April 10, 2006 2006-1046
Page 6 BC0016
of Goals and Policies in Chapter22 and Development Standards in Chapter 26 of the Weld County Code.
He stated the specific request of the applicant is to change the Comprehensive Plan, which provides a
foundation for future land uses within Weld County. Mr. Mueller stated a Comprehensive Plan is not an
entitlement for zoning, and does not create subdivisions; however, it does create the opportunities and
circumstances for zoning. He gave a brief overview of the proposed location, and stated the site is located
north of the Towns of Hudson and Keenesburg, surrounding the intersection of Weld County Roads 49
and 22. He stated the site is proposed to be 5,667 acres in size,which is roughly the size of the City of Fort
Lupton, one-third the size of Highlands Ranch, and eight times the size of the Town of Keenesburg. He
further stated notification of the hearing was published in the Fort Lupton Press, and notice was also
provided to surrounding property owners for the Planning Commission hearing of February 21, 2006.
Mr. Mueller stated the Planning Commission unanimously recommended denial of the application. He
displayed photographs depicting the location of the site and the characteristics of the land. He stated
dryland areas surround the site,active farmland is east of the site, and Box Elder Creek,which is typically
dry, is located north of the site. He stated the southeast corner of development will be in close proximity
to Interstate 76, and the far east area of the development will be residential. Mr. Mueller stated the criteria
to be met for an amendment to the Comprehensive Plan include the need for a change, a need for
consistency with County goals,and specific procedures for urban areas outside of municipalities. He stated
the guiding principles of the Comprehensive Plan and foundations for future urban land use are to be
addressed. He stated the criteria for urban growth includes details about private property rights and
community goals, with components of sustainable communities.
Mr.Mueller outlined the basics of the application,and stated an estimated 92,000 vehicle trips per day will
take place upon full buildout; and several road expansions will take place, including expansion of Weld
County Roads 49 and 22. He stated two floodplain areas exist within the proposed development; however
no specific geohazards have been identified, even though the soil is identified as sandy and erosive. In
response to Commissioner Masden, Mr. Mueller stated the proposed buildout is 20 years, and
approximately 10,000 units,with a population of 25,000, is proposed. He stated 1,400 acres are proposed
to be used for agricultural uses,and central water will be provided to the site from the conditionally approved
Metropolitan Districts. He stated water will be utilized from the Denver Basin, Lost Creek Basin/Prospect
Valley, and the Box Elder Alluvium,there is potential for return-use augmentations, and water use will be
demand driven. Mr. Mueller stated a central sewer system is proposed, and emergency service will be
provided through the existing Fire Protection Districts, which are currently volunteer; however, upon
approval, the creation of a Law Enforcement Authority will be pursued. He stated the dwelling units will
range between 7,300 to 12,400,with a population between 20,000 to 42,000 residents.The overall densities
are 1.7 to 2.9 dwelling units per acre, which is defined as a semi-rural density. He stated the application
proposes 200,000 square feet of commercial land uses to be located on approximately 270 acres in the
area of the intersection of Weld County Roads 49 and 22,and the commercial land uses will include small
employment centers. He further stated the economic impact to existing municipalities has not been
calculated;however,an analysis of the market research plan indicates the potential fora$5 million shortfall
per year to Weld County,which indicates the taxes generated by the development would not cover the cost
of services provided by Weld County. Mr. Mueller stated the development will be in School District RE-3J,
and eight elementary schools, two middle schools, and two high schools will be required to adequately
serve the population. He stated the submitted land use map consists of residential and agricultural uses.
In response to ChairGeile,Mr.Mueller stated Weld County Road 22 will be extended,and growth along 1-76
is a fundamental element of a Comprehensive Plan amendment within the area. He explained the term,
"sprawl" includes low residential density; lack of mixed use; lack of an activity center; inaccessibility of a
street network. In response to Commissioner Vaad,Mr.Mueller stated a recent growth study determined
that six homes per acre or less,or a quarter-acre lot,should be considered low density. Further responding
to Commissioner Vaad, Mr. Mueller stated density associated with Carma Colorado was more than six
homes per acre, and considered to be suburban density. He further stated areas, such as wetlands, are
excluded and urban areas may be up to 40 units per acre.
Minutes, April 10, 2006 2006-1046
Page 7 BC0016
Mr.Mueller stated referrals were sent to 32 agencies, and 22 responded. He stated the guiding principles
define the Comprehensive Plan,and it speaks of the balancing rights between private rights and community
rights, or rights for existing residences versus future impacts of new development. The Comprehensive
Plan acknowledges the County's agricultural tradition,and is committed to fair processing. He stated the
Planning Commission determined the development is a subdivision, rather than a self-sustaining
community, and many of the referral comments referenced concerns with the development as proposed.
He stated the City of Brighton indicated concerns about a large residential area being created without
making jobs available, forcing people to commute long distances to places of employment. He further
stated other concerns were discussed regarding fiscal impacts, and that 30 years would be a more realistic
time frame for buildout. Mr.Mueller stated another approval criteria requires consistency with existing goals
and policies, which direct urban development to exist in urban areas or full-service communities with
employment centers, retail, and residential uses. He stated the criteria of need is associated with the
inventory of existing zoning within the County which, by 2025, is expected to have a population of
approximately 400,000;the towns along U.S. Highway 85 and 1-76 will add an additional 30,000; and the
Greeley area will add approximately 50,000. He stated approval requires adequate services to be available;
however,the application notes an incomplete mixture of uses with no employment centers, which raises
questions regarding inter-connectivity. Mr Mueller stated approval is also dependent upon the foundation
of future land use, including the quality of life for future residents; however,the Planning Commission was
concerned about the balance between jobs and housing, commuting distance, incorporating the 1-76
corridor into the application; and failure to include protection of agriculture which will deteriorate because
of growth pressures, expansion policies, and greater water demand created by the lower densities.
Mr. Mueller stated approval criteria also discusses urban growth,with the need for coordination between
the existing area;however,concerns were expressed about the development becoming a super-subdivision
or a bedroom community. He stated the application references an urban growth node; however,the Code
defines such node as being located along State roads for regional travel;therefore, it is not appropriate to
consider the urban growth node as part of the criteria.
Mr. Mueller stated the Planning Commission recommends denial, as a need has not been demonstrated,
there is sufficient existing zoning,there are uncertainties regarding build out,there are many concerns from
referral agencies, and there are negative fiscal impacts to the County. He stated concerns also exist
regarding the coordination among the project and surrounding municipalities,uncertainty regarding services,
and the drain this development may cause on the County's limited capital abilities. He further stated the
application does not meet the criteria used for the existing Mixed Use Development are,since there are no
employment centers,it does not directly connect with another community,and it contains inconsistent land
use standards. Additionally,the application does not meet the County's vision of land use and urban growth,
it does not create a whole community, and it represents the characteristics of sprawl. In response to
Commissioner Vaad, Mr. Warden stated upon creation of the Metropolitan District, Bill Cunningham was
directed to assess and study the market feasibility, and the results of the study are applicable to the
proposed development.
Marvin Wade, School District RE-3J Superintendent, stated the School District,which is opposed to this
application, has concerns regarding the current residents being required to bear the burden of coping with
an additional 10,000 homes within the District,which currently consists of 2,000 students. He stated that
growth does not always pay for itself. He stated representatives from Pioneer are helping the School Board
find creative ways to meet the needs of the District; however, there are many issues still to be resolved.
He recommended that if the development is allowed to move forward,a Condition of Approval needs to be
included that representatives of Pioneer must continue to meet the needs of the District. In response to
Commissioner Vaad, Mr. Wade stated the Per Pupil Operating Revenue (PPOR) is used to reimburse
actual teaching operations, and does not cover land or construction costs. He stated the District may
receive cash-in-lieu or actual land for placement of schools, and the District is in the process of creating
a mitigation fee to cover construction costs;however,more money is needed to construct the schools than
Minutes, April 10, 2006 2006-1046
Page 8 BC0016
can be generated by the taxpayers, and part of the negotiation between Pioneer and the District centers
around contributions towards construction costs. Further responding to Commissioner Vaad, Mr.Wade
stated a bonding capacity exists; however,there is a shortfall between what can be received from the voters
and the actual construction costs. He further stated the major unresolved issue is the amount of funds
required for building the schools. In response to Chair Geile, Mr. Wade stated the District is willing to
continue negotiations, and the District needs to seek the best way of managing the growth. In response
to Commissioner Vaad,Mr.Wade stated approximately 56 percent of the District's transportation costs are
reimbursed by the State, and 44 percent of transportation costs are supplied by the District. He further
stated it is a big commitment for the District to provide transportation services to an area that is 480 square
miles in size. In response to Commissioner Masden, Mr.Wade stated Pioneer has proposed creating a
foundation with the District to utilize mitigation fees for construction costs; however, specific monetary
figures have not been established. He further stated no developer will be able to create a fee large enough
to cover construction costs; therefore, the District must find other ways to offset costs.
Robert McPeak, surrounding property owner, stated he is opposed to the expansion of Weld County
Road 22,as his property will be adversely affected. He stated he believes the development will also affect
the crossing of the railroad tracks on U.S. Highway 85, and he has concerns about the gas facilities in the
area. He stated he is not willing to give up any of his land for development.
Chris Paulsen, Pioneer Communities, stated he has been working on the development process over two
years,and the formation of Resource Colorado was approved as a Special District for water purposes. He
stated during the process of the Special District application, Pioneer became familiar with this site,which
is a large undeveloped area north of the Towns of Keenesburg and Hudson, in an area that is economically
feasible for water. He stated when the application was submitted, a discussion was held to determine
whether the matter be treated similar to the 1-25 Corridor and existing Mixed Use Development area,or as
a change to the map for the Comprehensive Plan. He stated the key elements of the proposal include the
ability to keep Weld County water in Weld County,a regional answer to sewer and water augmentation,and
the sustaining irrigated farmland of 1,441 acres. He further stated the proposal strengthens the retail base
of the Towns of Keenesburg and Hudson,and accommodates urban development along the 1-76 Corridor
as a result of regional trends and Denver International Airport (DIA)job growth.
Joel Farkas, co-applicant, reviewed the accomplishments of Gateway American Properties and Pioneer
Communities, LLC, including the development of more than 30 communities within Colorado and
involvement with existing communities in Arizona. He stated Pioneer endeavors to engage in regional
cooperation, and is a founding member of the Capital Facilities Fee Foundation in School District 27-J, by
which an elementary school was built and operational before the first residents of the development moved
in. He further stated Pioneer utilizes development expertise to allow residents to benefit from growth
opportunities. Mr. Farkas stated DIA is a major factor in the Front Range economic base, which creates
a demand for housing and other services to accompany the housing demand. He stated the Urban Land
Institute is a national policy planning organization, which is currently engaged in a study with the DIA
Partnership regarding development of DIA's surrounding area within the next 20 years, as well as
determining the policy for future growth. He further stated E-470 and 1-76 are accessible transportation
corridors to employment centers; however, they are underutilized. He stated State and regional trends
showa measurable number of employees working in the Denver area actually live north of Denver,and new
urban development will continue along the Colorado Front Range. He stated projections show the Denver
area will grow by approximately 30,000 units per year through year 2025,which equates to 750,000 new
residents,with one-third of the new units expected to be within the 1-76 Corridor. Mr. Farkas stated southern
Weld County will capture approximately 30-35 percent of residential growth occurring within the County,
and the median price of homes will be $250,000. He stated conservative estimates were used in
determining fiscal impacts to the County, and Pioneer's report shows a positive financial impact for the
County. He stated the proposed community is not incomplete or non-sustainable, it will be built in
Minutes, April 10, 2006 2006-1046
Page 9 BC0016
consideration of the existing communities, and it will complement them. He stated Pioneer will generate
a substantial amount of future sales tax revenue available to the Towns of Hudson and Keenesburg. He
further stated Pioneer's development will complement agriculture,which is a long-standing tradition in Weld
County,and attention will be placed on sustaining agricultural businesses. Mr. Farkas stated property and
zoning are contingent upon infrastructure,water availability,sewer availability,transportation,and the actual
land uses. He stated the community effort started with water issues, based upon Weld County's goal to
retain water in the County to be used for agriculture, and Pioneer has the ability to maintain resources for
future choices. He stated the City of Aurora is currently building pump stations to utilize available water
resources,which would no longer be available in the future. He further stated Pioneer is presenting a land
use perspective, as well as a comprehensive use of resources. In response to Commissioner Jerke, Mr.
Farkas stated the housing will be a variety of sizes for single family homes, a variety of town homes and
cluster homes, and possibly some rental property. Further responding to CommissionerJerke, Mr. Farkas
stated it is expected that less than ten percent of housing will be non-owner occupied. In response to
Commissioner Masden, Mr. Farkas stated Pioneer will provide a portion of the funds needed for the
widening of Weld County Roads 22 and 49, as well as other road improvements to connect existing
communities. In response to Commissioner Vaad, Mr. Farkas stated Pioneer does not believe this
development will create a deficit to the County;and the best type of development allows new development
to occur while accommodating existing communities. He stated growth will pay it's own way and
supplement the existing communities. In response to Commissioner Masden, Mr. Farkas stated Pioneer
has been working with the School District. He further stated the DIA area is predominantly new housing,
and the impact fees will make it possible build the necessary schools. Further responding to Commissioner
Masden, Mr. Farkas stated the Metropolitan Districts are very far along with the wastewater treatment
design, and several choices for development are available. Commissioner Vaad commented an option
exists to amend the Comprehensive Plan, or to create another Mixed Use Development area.
Chair Geile called a recess.
Upon reconvening in the Planning Hearing Room, Jack Ruetzel, Attorney and Pioneer Representative,
stated Pioneer representatives and Planning Staff disagree on the approach to be used regarding the
proposed development, differing in philosophy of whether to amend the Comprehensive Plan map to
facilitate urban growth or add a second Mixed Use Development area in Weld County. He stated the
Comprehensive Plan is a well written document, and Pioneer is proposing a change in land classification
from agricultural land uses to agricultural and residential urban scale uses. Mr. Reutzel stated a Mixed Use
Development area is not necessary, since the changes can be accommodated through a change to the
Structural Land Use Map. He stated the application is not a Change of Zone, and Pioneer will submit an
application for a Planned Unit Development in the future. Mr. Ruetzel stated the agricultural component of
the proposal will make water available for enhanced agricultural uses within the Box Elder Basin,and best
management practices will be utilized to reduce conflict with the other uses regulated by a Planned Unit
Development. He stated the Comprehensive Plan acknowledges the conversion of agricultural land to other
uses, and stated the phrase regarding urban development is referenced 36 times throughout the
Comprehensive Plan. He summarized that the Comprehensive Plan stated that growth may occur in
municipalities, within Intergovernmental Agreement areas, within a Mixed Use Development area, or
wherever services are available or reasonably obtainable. He stated a Mixed Use Development area is a
possibility for this development;however, Pioneer has chosen only to amend the Structural Land Use Map.
He further stated the Pioneer Metropolitan Districts have been conditionally approved,and have the legal
and financial ability to provide a full range of urban services, including water and sewer. In response to
Commissioner Vaad, Mr. Ruetzel stated the approval of the Districts is conditional upon approval of a
change to the Comprehensive Plan. He stated Pioneer's financial analysis is correct, and the Districts will
operate with a positive fiscal impact. In response to Chair Geile,Mr. Reutzel stated Pioneer is not proposing
that the current Mixed Use Development area be extended to incorporate this development. He stated the
services provided by Pioneer will include water, sewer, transportation improvements, recreation, and
Minutes, April 10, 2006 2006-1046
Page 10 BC0016
landscaping, and many of the issues surrounding these services will not be resolved until after the zoning
is changed, and a plat is recorded; however Pioneer staff will work with County staff to ensure all
components are properly executed. He further stated other services include a proposed Law Enforcement
Authority to assist the Sheriffs Office with the increase of services,and Pioneer staff have had discussions
with the School District to participate in land dedication,land donation,and provision for financing the new
schools. He stated he has confidence that an agreement will be reached, since the principles of Pioneer
Communities are dedicated to having schools within the development. Mr. Ruetzel stated the Fire
Protection Districts will be supplemented by a mill levy assessment. He stated the water and sewer
services will also be available to accommodate the needs of surrounding communities. He further stated
Pioneer will participate in regional traffic improvements made at the 1-76 and Weld County Road 49
interchange. He stated the City of Fort Lupton expects the Pioneer development to act as a leader in solving
existing transportation problems in the area. He stated the Town of Keenesburg has established a
commercial corridor along 1-76. In response to ChairGeile,Mr. Farkas stated the commercial bases of the
Towns of Hudson and Keenesburg will be strengthened because 10,000 units will require more than the
proposed 200,000 square feet of commercial components located within Pioneer's development. Further
responding to Chair Geile, Mr. Farkas stated he is uncertain about the types of commercial uses to be
allowed; however, the sum total of all commercial uses will be 200,000 square feet. He further stated
commercials businesses will not seek placement in the development until a substantial population exists;
therefore,residents will shop in the existing surrounding communities. Chair Geile commented that houses
do not pay their way, and the proposed development does not have an employment base to entice
commercial and industrial businesses into the area. In response to Chair Geile's comments, Mr. Farkas
stated employment will most likely occur along the 1-76 corridor, and the most likely retail base will occur
in the Towns of Hudson and Keenesburg,as it is unlikely that the population will drive to Adams County to
shop. In response to Chair Geile, Mr. Farkas stated the proposed development does not contain
employment centers;however,jobs will be created through residential growth. Mr. Paulsen stated the DIA
Plan involves the creation of many jobs,and if Weld County is able to get a head start on the jobs along the
1-76 corridor,the jobs will feed the housing need. Further responding to Chair Geile, Mr. Farkas stated the
demand for housing and employment work together. Mr. Farkas further stated Weld County needs to plan
for land use decisions now, to be able to participate in the growth surrounding the DIA area. In response
to Chair Geile, Mr. Farkas stated growth will not occur in an area where the demand for services exceeds
the availability of services, and the County must plan for infrastructure development. Responding further
to Chair Geile, Mr. Farkas stated resources which are available for this development may not be available
in the future,due to competition in the area. In response to ChairGeile,Mr. Farkas stated Pioneer has had
discussions with the Towns of Hudson and Keenesburg regarding sales tax revenue;however,discussions
have not been held regarding revenue sharing. Further responding to Chair Geile, Mr. Farkas stated Pioneer
is committed to working with the School District to resolve the financial issues regarding construction of
new schools. In response to Commissioner Vaad, Mr. Ruetzel stated the commercial corridor along 1-76
could include employment centers to accommodate retail and commercial growth. Commissioner Vaad
commented that a financial burden exists whenever residents work outside of the community where they
live.
Mr. Paulsen stated the proposal is at a preliminary stage,and Pioneer has not provided specifics regarding
the Comprehensive Plan amendment; however, more detail will be provided later. He stated Pioneer is
seeking permission to place an urban density within the area, and future decisions will be based upon the
change to the Comprehensive Plan, since the Metropolitan Districts and the 208 Plan were conditioned
upon approval of a Comprehensive Plan amendment.
Troy Palma, Robert Charles Lesser and Company,stated a break-even or a slightly positive fiscal impact
will occur over a 30-year period. He stated the Leland Report shows a $5 million deficit per year at full
buildout and he reviewed the differences between the reports. He stated the Leland Report assumed only
unincorporated residents use County services when calculating per capita expenditures; however, the
Minutes, April 10, 2006 2006-1046
Page 11 BC0016
Pioneer analysis assumed residents of incorporated areas also use County services. Mr. Farkas stated
the unincorporated County population is 42,000, and Pioneer used an adjusted number of 95,000,which
did not include communities such as the Cities of Greeley and Fort Lupton. Mr. Paulsen stated all property
tax from all areas and municipalities creates the revenue source for the County,and the cost per resident
was excelled only when residents within the unincorporated portions of the County were included in the
calculations. Mr. Farkas stated Pioneer focused on per capita expenses since per capita revenues are not
a substantial portion of County revenue. In response to Commissioner Masden,Mr. Paulsen stated Pioneer
has made an offer to provide water to the new high school within the Town of Keenesburg.
Mark Arnish,agricultural consultant for Pioneer,stated Weld County must plan for agricultural services,and
agriculture must sustain itself. He stated he was skeptical at the initial proposal since agricultural is very
dependent upon water,and the irrigation wells within the Box Elder area have to be augmented to the South
Platte River. He stated many irrigation wells are prorated at 50 percent of the allotment,and a depletion of
the aquifer basin exists. He further stated if the status quo is maintained within the area, agricultural uses
will be nonexistent within the next ten to fifteen years. Mr. Arnish stated the Pioneer development will
enhance agricultural uses by using drip irrigation systems, which is not a new concept; however, the
process must be able to sustain itself, and there is a growing demand for vegetable production along the
Front Range. He further stated agricultural uses can survive because of consumer demand,for example,
turf grass production,which is economically viable and will contribute to the overall economy of the County.
He stated landscaping opportunities exist through agricultural uses,including trees,greenhouse production,
and other landscaping components. He stated agricultural must adapt to survive. In response to
Commissioner Long, Mr. Paulsen stated agricultural uses will account for approximately 1,400 acres;
however, if the land were left as agricultural, not enough capital would be available to implement the drip
irrigation system. In response to Commissioner Jerke, Mr. Arnish stated the effluent from the proposed
homes will provide a source of augmentation water,or used as the irrigation method itself. In response to
Chair Geile, Mr. Paulsen stated 2,500 acre feet of water is available exclusively for the proposed housing
units, and if non-potable water is utilized through a dual irrigation system for the greenbelt areas and
residential lawns, the housing units will require less domestic water. He further stated part of the water
budget will go directly to agricultural uses, and more than 6,100 acre feet of water is available. Further
responding to Chair Geile,Mr. Paulsen stated Pioneer has been in discussion with the Town of Keenesburg
regarding water and sewer needs,and as pipelines are built, neighboring communities will be encouraged
to participate. He further stated the sewer plant will be built in the far northern area of the proposed
development area, and the water treatment plan will be located in the far southern area of the proposed
development area. In response to Commissioner Vaad,Mr. Paulsen stated the water obtained from the Box
Elder Creek is high in sodium, and may burn up lawns if the water is not blended with other water to reduce
the concentration of sodium. He further stated the housing market is enthusiastic about reduced domestic
use with the use of dual irrigation systems.
Mark Gray, Mayor of Keenesburg, stated he has no great concerns about amending the Comprehensive
Plan;however, he concerned about increased traffic and changes to the infrastructure and commercial land
uses. He stated he has met with Pioneer on numerous occasions, and requested Pioneer to relocate the
commercial use area closer to the 1-76 corridor. He stated the impacts of the proposed development are
significant to the Town of Keenesburg,and the potential for growth within the area is large. He further stated
he would like the County's help in planning for future problems with traffic and infrastructure. Mr. Gray
stated the Town of Keenesburg is currently working with Resource Colorado regarding a water purchase,
an agreement will be finalized within the next fifteen days,and the building of pipelines to transport the water
will begin soon. In response to Commissioner Masden, Mr.Gray stated Pioneer has not approached the
Town regarding water at the high school since the last meeting, at which time an extension of the pipeline
was offered,and no formal request has been made to provide the school with water. He further stated there
is not enough water available to keep the school open during the construction process. In response to Chair
Geile, Mr.Gray stated the population of the Town of Keenesburg is approximately 1,200,and a half million
Minutes, April 10, 2006 2006-1046
Page 12 BC0016
dollar upgrade to the water treatment plant has recently been completed,which discharges effluent water
to farmland. He further stated the Town will be filing for a new permit and a new license, which should
double the capacity of the current facility. Further responding to Chair Geile, Mr. Gray stated the Town
purchases potable water since the water in Laramie Fox Hills is high in sodium and chloride, and blending
the water drops the levels to the specified standards. In response to Chair Geile, Mr. Gray stated he is
working with Pioneer on a water agreement, and 80 percent of the town's current water is returned to the
wastewater treatment plant. In response to Mr.Warden, Mr. Gray stated it is difficult to determine future
revenue sharing needs, and the Town of Keenesburg is focused on its plan to develop the 1-76 corridor to
entice commercial development. In response to Commissioner Jerke, Mr.Gray stated the Town of Hudson
has recently reconfigured its growth plan and associated maps,and the Town of Keenesburg has entered
into an IGA regarding law enforcement and court services. Commissioner Jerke stated it is up to the towns
to promote commercial development for sales tax. Mr. Gray stated the Town of Keenesburg current plan
is to confine economic commerce to the 1-76 corridor.
Walraven Ketellaper,surrounding property owner and nursery owner,stated his operation holds eleven Box
Elder Creek wells on 850 acres. He stated he is in support of the proposed development since it will bring
water into the Box Elder Creek basin,and with the water supply already dropping,the Pioneer development
will help resolve water issues by using return flows and water sharing arrangements. In response to
Commissioner Jerke,Mr. Ketellaper stated he previously owned 5,000 acres of land within Prospect Valley,
and the water rights were sold to Gateway America; however,no current interest in the Pioneer application
exists.
Bill Cunningham, Leland Consulting Group, stated he was hired as a consultant for Weld County to
complete a fiscal analysis. He stated the methodology used to determine the fiscal impact is similar;
however, underlying assumptions differ. He stated he took a more conservative approach that only
unincorporated residents use the County's services;since residents in incorporated portions of the County
do not use County services at the same level as an unincorporated resident. He stated inflation figures
were also handled differently, and his analysis removed the impacts of inflation and increased property
values. Mr. Cunningham stated Pioneer's analysis assumed a fiscal surplus based on property values
increasing four percent annually, and expenditures increasing three percent annually. He stated the
"constant dollar"gives a true view of the relationship between revenues and expenditures. He stated the
Pioneer proposal,with a constant dollar analysis,shows the total property tax revenue to be approximately
$4 million on an annual basis, and with additional miscellaneous revenues,there would be total revenue
of approximately$6.1 million. He stated the per capita expenditures will total$6.8 million;therefore,a deficit
exists with the constant dollar analysis,and the deficit can only be erased if property values and revenues
increase at a rate which is greater than the expenditures. He further stated that residential development
does not pay its own way most of the time, since residential development supports commercial
development; however, Weld County does not have sales tax revenue generated by commercial
development. In response to Commissioner Jerke, Mr. Warden stated some County services, such as
motor vehicle licensing,are self-supporting, and the property taxes collected by the County provide funds
for Public Safety, Human Services, Public Works, and other services throughout the County. He stated a
disproportionate amount of funds are dispersed to the unincorporated residents,with the exception of jail
services, since the jail contains more incorporated residents than unincorporated. In response to
Commissioner Jerke,Mr.Warden stated the majority of the services provided by the Department of Social
Services occur within urbanized areas,due to the socio-economic nature of residents. Further responding
to Commissioner Jerke, Mr. Warden stated approximately 55 percent of the resources allocated to the
Sheriffs Office are utilized by the jail. In response to Commissioner Jerke, Mr. Cunningham stated the
analysis did not break down expenditures by individual departments. Commissioner Vaad stated the largest
area of need for services provided by the Department of Social Services is within the southern area of the
County,among upper-middle class families, and municipalities do not provide those services. He stated
a burden exists to meet the needs of residents whether they live in a municipality or an unincorporated
Minutes, April 10, 2006 2006-1046
Page 13 BC0016
portion of the County. Commissioner Masden stated the Towns of Hudson and Keenesburg are planning
to develop the 1-76 corridor,and will annex some of the required property,which will offset some of the fiscal
impacts to the County. He stated an influx of people into the Countywill overwhelm the services provided;
however, more services will be provided to accommodate the needs of the residents. Mr. Cunningham
stated this area is considered to be a long-term growth area, and other municipalities will effectively
compete for commercial business and growth related to the DIA area. Mr. Warden commented the
Gallagher Amendment has virtually erased the inflationary value of housing. Mr. Paulsen stated Pioneer
is aware that a large portion of the County budget is associated with law enforcement services, which is
why a LEA will be created to offset the impact to the budget. He stated the development is unique since
it can create special districts to offset financial impacts.
In response to Commissioner Vaad,Mr.Mueller stated the approval criteria related to the guiding principles,
and Section 22-1-120.A refers to private property rights,which are rights balanced with the responsibility
of protecting community health, safety, and welfare. He stated Planning staff respects and understands
the commitment of Pioneer,as well as the investment involved in the application process. He clarified that
staffs recommendation is based upon amending the Comprehensive Plan as proposed. He stated staff
recommended the addition of a Mixed Use Development area to the Comprehensive Plan, and he had
expressed to the applicant that the addition of a Mixed Use Development area was the only tangible way to
address the necessary changes. He read a memo from Lee Morrison,Assistant County Attorney,into the
record,which discussed his interpretation of reasonably obtainable services, and that services are not to
be considered reasonably obtainable if new services entities and facilities would need to be created. Mr.
Mueller stated staff is in support of the creation of an additional Mixed Use Development area, which is
appropriate for development along the 1-76 corridor. He stated the proposed mixture of uses are not
sufficient to sustain a community, and a comprehensive view of forthcoming issues has not been
addressed. He stated the proposed language provides for uncertainties about future requests, and
proposes future amendments to the Comprehensive Plan which would only require a will serve letter,
adequate proof of water,and a financial plan. He stated the applicant is proposing only an amendment to
the Structural Land Use Map; however, staff recommends a corresponding text revision is necessary,to
include Goals and Policies,as well as Design Standards. Chair Geile commented a work session has been
scheduled on April 19, 2006, at 1:30 p.m., should the Board choose to move forward. In response to
Commissioner Vaad, Mr. Mueller stated staff agrees that existing urban areas are the best locations for
future urban areas, and it is beneficial to utilize existing facilities when possible. Commissioner Vaad
commented that he does not agree with the reference in Mr.Mueller's presentation that community rights
may override private property rights, and Mr. Mueller stated he will modify the presentation. Mr. Barker
reiterated the applicant is requesting the Structural Land Use Map be the sole amendment; however,the
Department of Planning services recommends Attachments I and J be incorporated into the Ordinance.
In response to Chair Geile, Mr. Mueller stated the specific of text revisions can be discussed at the
scheduled work session. Further responding to Chair Geile, Mr. Mueller stated if only the Structural Land
Use Map is adopted, no references within the Comprehensive Plan text would be included. Mr. Barker
reiterated staff is proposing the creation of a new Mixed Use Development area, specific to this
development, which would amend Chapters 22 and 26 of the Weld County Code; however, Pioneer is
proposing that only the Structural Land Use Map be amended to show Urban and Agricultural land use
classifications.
Commissioner Jerke stated he believes the taxes generated by Metropolitan Districts support the area in
place of a sales tax, and the proposed development will have fewer needs for services provided by the
Department of Social Services. He stated an additional 25,000 residents will likely mean an increase ofjail
inmates; however, it is less likely within an upper-class development. He further stated he is in support of
approving the first reading, and the availability of water is a major factor. Commissioner Jerke stated he
supports amending the Comprehensive Plan,to include text regarding goals and policies to make sure the
process is completed in a proper manner. Commissioner Vaad concurred with Commissioner Jerke and
Minutes, April 10, 2006 2006-1046
Page 14 BC0016
stated the area of Highlands Ranch has worked to accommodate the needs of its residents.
Commissioners Masden and Long also concurred. Commissioner Long stated inclusion of the textual
revisions will insure that Pioneer remains in negotiation with the School District and the Towns of
Keenesburg and Hudson. CommissionerJerke moved to approve Ordinance#2006-4 on first reading,with
amendments to Chapters 22 and 26 of the Weld County Code as proposed by staff, and the inclusion of
the proposed Structural Land Use Map. The motion was seconded by Commissioner Masden. Chair Geile
stated the second and third readings of the Ordinance are scheduled for May 8 and 31,2006,respectively.
There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinances #2006-3 and #2006-4 were approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 3:20 p.m.
BOARD OF C UNTY COMMISSIONERS
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ATTEST: LA�__�D/��(/[/
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Weld County Clerk to the Board
David E. Long, Pro-Tem
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Deputy Clerk to the B a
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V�ihiam H. Jerke
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Minutes, April 10, 2006 2006-1046
Page 15 BC0016
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