HomeMy WebLinkAbout20200299.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION PIADZU; - 01
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stifle, that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PUDZ18-0006
APPLICANT. ALF TODD CREEK VILLAGE NORTH LLC
PLANNER: ANGELA SNYDER
REQUEST CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE HUNDRED
(300) LOTS WITH R-1 (LOW DENSITY RESIDENTIAL), R-2 (DUPLEX
RESIDENTIAL, R-3 (MEDIUM DENSITY RESIDENTIAL). R-4 (HIGH DENSITY
RESIDENTIAL), AND C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT
USES WITH 14 1 ACRES OF OPEN SPACE AND ONGOING OIL AND GAS
ACTIVITY
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4462 AND LOT B REC EXEMPT RE-433, BEING PART
OF THE W2 OF SECTION 35. T1N , R67W OF THE 6TH P.M. . WELD COUNTY.
COLORADO
LOCATION - NORTH OF AND ADJACENT TO CR 2, EAST OF AND ADJACENT TO CR 21
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with Section 27-6- 120 of the Weld County Code as
follows:
A. Section 27-6-120. B.2. a. The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19. 22. 23. 24 and 26 of this Code.
The project is compatible with the Dry Creek Regional Urbanization Area guiding document
found in Chapter 26 of the Weld County Code. The proposed development meets the standards
for the Dry Creek RUA including but not limited to lot design , open space. landscaping . school
provision, structural land use map compliant, street design , limiting site factors, and
interconnectivity.
B. Section 27-6-120. B.2 . b The uses which would be allowed in the proposed PUD will conform with
the performance standards of the PUD Zone District contained in Article ll of this Chapter.
The site is currently zoned A (Agricultural) and proposed PUD (Planned Unit Development)
zoning will accommodate neighborhood commercial uses and both single-family and multi-family
(attached) dwelling units in accordance with the requirements of the Dry Creek Regional
Urbanization Area (RUA) requirements for Suburban Residential and Neighborhood Mixed Use
Residential areas. The proposed density complies with the Dry Creek RUA.
C . Section 27-6-120. B.2 . c The uses which would be permitted shall be compatible with the existing
or future development of the surrounding area as permitted by the existing zoning, and with the
future development as projected by Chapter 22 of this Code or master plans of affected
municipalities.
The City of Thornton. in the November 6, 2019 referral response, indicated no concerns.
The City of Fort Lupton . in the December 18, 2019 referral response. indicated the City has a
conditional agreement to provide sanitary sewer service to the project through an
intergovernmental agreement with Todd Creek Village Metropolitan District.
The City of Brighton did not respond to the referral request, however submitted a response to the
associated metropolitan district request, MET19-0003, on December 6, 2019, in which the City
indicated serious concerns with the project. indicating that the project did not comply with the
City's future plans for the area. Weld County does not have an intergovernmental agreement the
City of Brighton.
RESOLUTION PUDZ18-0006
ALF TODD CREEK VILLAGE NORTH LLC
PAGE 2
County Road 2. also known as 168th Avenue, is maintained by Adams County. In an October 28,
2019 referral response, Adams County indicated that a permit would be required for accessing
County Road 2. The County also requested a Traffic Impact Study be submitted with the
intersection permit application and be incorporated into the final plat. A Traffic Impact Study was
submitted with the application.
Notice of the PUD Change of Zone was sent to twenty (20) property owners and two (2)
responses were received. One property owner expressed concern of a high-density development
being located in a rural area and the potential negative health and safety effects of being located
adjacent to a large oil and gas well pad. The other letter indicated concern over drainage
involving the New Brantner Irrigation Canal .
The New Brantner Extension Ditch Company met to discuss the project and submitted the
following restrictions on January 7, 2020:
1 . The ditch may not be used for flood routing or flood storage. Storm water may not be
routed to and will not be permitted to enter the ditch.
2. Public access to the ditch easement area is not permitted.
3. Pedestrian, equine or motorized vehicle trails are not permitted within the ditch
easement area.
4. No above or below ground improvements are permitted within the ditch easement area.
5. No crossing of the ditch proper or other encroachment into the ditch easement area is
permitted without New Brantner's prior written approval.
D. Section 27-6-120. B.2 .d - The PUD Zone District shall be serviced by an adequate water supply
and sewage disposal system in compliance with the performance standards in Article ll of
Chapter 27.
The PUD will be serviced by an adequate water supply and sewage disposal system from Todd
Creek Village Metropolitan District. If approved . Metropolitan District MET19-0003. will provide a
funding mechanism for the necessary infrastructure improvements .
E. Section 27-6-120. B.2 .e The street or highway facilities providing access to the property are
adequate in functional classification, width and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
County Road 2 is maintained by Adams County. Instructions for permitting the intersection were
included in the October 28. 2019 response.
County Road 21 is designated as a local road. The Public Works referral dated December 17,
2019 indicated that the Board of County Commissioners should reclassify the road as an arterial .
The proposed intersections do not meet current spacing criteria for an arterial and the applicant
shall address the intersection locations with Public Works during consideration of the final plat.
F. Section 27-6-120. B.2.f An off-site road improvements agreement and an on-site Improvements
Agreement proposal is in compliance with Chapter 24 of this Code. as amended, and a road
Improvements Agreement is complete and has been submitted, if applicable.
The Public Works Referral dated December 17. 2019 indicated that an Improvements Agreement
will be required at final plat for off-site public improvements, road maintenance, and on-site PUD
improvements.
G. Section 27-6- 120. B.2.g There has been compliance with the applicable requirements contained
in Chapter 23 of this Code regarding overlay districts, commercial mineral deposits and soil
conditions on the subject site.
RESOLUTION PUDZ18-0006
ALF TODD CREEK VILLAGE NORTH LLC
PAGE 3
There are four shut-in oil and gas wells and several tanks on the property that have a two
hundred-foot (200') setback applied on the site plan. Condition 1 E requires the applicant to either
submit a copy of an agreement with the property's mineral owner/operators, stipulating that the
oil and gas activities have been adequately incorporated into the design of the site, or show
evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators.
The geologic hazards and mineral extraction evaluation dated January 29, 2010 submitted with
the application indicated that there are no apparent significant geologic hazards on the property.
Geotechnical investigations are recommended for each building site to identify shrink/swell
potential in the soils and/or bedrock strata and radon tests are recommended.
H Section 27-6- 120. B.2. h Consistency exists between the proposed zone district. uses and the
specific or conceptual development guide and concerns identified in sketch plan comments
provided pursuant to Section 27-4-40 of this Chapter have been adequately addressed.
All concerns identified in the sketch have been addressed in this application or as conditions of
approval or will be addressed during the final platting process. A development guide was
submitted with the application, sufficiently covering all requirements for a specific development
guide.
The Change of Zone from Planned Unit Development with Agricultural Zone District Uses to Planned Unit
Development with Residential (R- 1 . R-2 , R-3, and R-4) and Commercial (C-1 ) Zone District Uses is
conditional upon the following:
1 _ Prior to recording the plat:
A. The applicant shall address the requirements of the Brighton Fire Rescue District. as stated in
the November 27. 2019 referral response in reference to providing the district with a fire station
site by providing . Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services. ( Department of Planning Services)
B. The applicant shall address the requirements of Adams County, as stated in the October 28,
2019 referral response. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the concerns of the Brighton 27J School District. as stated in the
December 2 , 2019 referral response. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services_ (Department of Planning Services)
D. The applicant shall address the concerns and requirements of the Colorado Division of Water
Resources as stated in the December 2 , 2019 referral response Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant- -shall either submit a copy of an agreement with the property's mineral
owner/operators, stipu ating tia ' tie of and gas activities lave been acequate y incorporatec into
tie cesign of tie site, or slow evicence teat an acequate attempt -las been mace to mitigate t-►c
concerns of the mineral owner/operators---The- plat shall be amended to include any possible
future drilling sites and/or setbacks. (Department of Planning Services)
F . The applicant shall address the concerns and requirements of the New Brantner Extension Ditch
Company. as stated in the January 7, 2020 letter. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
G . Provide a signed copy of the agreement with the ditch company addressing the detention pond
outfall . (Department of Public Works)
RESOLUTION PUDZ18-0006
ALF TODD CREEK VILLAGE NORTH LLC
PAGE 4
H. The plat shall be amended to include the following:
1 ) All sheets of the plat shall be labeled PUDZ18-0006. (Department of Planning Services)
2) The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat
per Section 23-2-690 of the Weld County Code (Department of Planning Services)
3) All recorded easements and rights-of-way shall be shown and dimensioned on the Change
of Zone plat. (Department of Planning Services)
4) A site for a new fire station, as requested by the Brighton Fire Rescue District. (Department
of Planning Services)
5) All internal roadways and intersections shall be updated to comply with Public Works
requirements as stated in the December 17, 2019 referral response. (Department of
Planning Services)
6) County Road 2 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing and future rights-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by
Adams County. (Department of Public Works)
7) County Road 21 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing and future rights-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
I . The Change of Zone is conditional upon the following and that each shall be placed on the
Change of Zone plat as notes prior to recording:
1 ) Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District for three hundred (300) lots with R- 1 (Low Density Residential) ,
R-2 (Duplex Residential , R-3 (Medium Density Residential), R-4 (High Density Residential),
and C-1 (Neighborhood Commercial) Zone District Uses with 14. 1 acres of open space and
ongoing oil and gas related activity, density up to 20 units per acre. (Todd Creek Village
North PUD) (Department of Planning Services)
2) The Open Space Outlots are non-buildable for residential, commercial or industrial structures
or structures providing habitable space. (Department of Planning Services)
3) This site is located within the Dry Creek RUA (Regional Urbanization Area). Refer to Chapter
26 of the Weld County Code for more information.
4) On the Weld County Functional Classification Map, the Board of County Commissioners
shall reclassify County Road 21 from its current designation as a Local Road to an Arterial
Road to be consistent with the roadway classification specified in the Dry Creek RUA map.
The reclassification shall extend from County Road 21 , north to State Highway 52.
(Department of Public Works)
5) The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15. Article I and II , of the Weld County Code. (Department of Public
Works)
RESOLUTION PUDZ18-0006
ALF TODD CREEK VILLAGE NORTH LLC
PAGE 5
6) The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking . (Department of Public Works)
7) Any work that may occupy and or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement. (Department of
Public Works)
8) The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
9) Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
10) Weld County is not responsible for the maintenance on onsite subdivision roads.
(Department of Public Works)
11 ) Water and sewer service shall be obtained from Todd Creek Village Metropolitan District.
(Department of Public Health and Environment)
12) During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
Weld County Environmental Health Services, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
13) If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration, the responsible party shall prepare a fugitive dust control plan. submit an
air pollution emissions notice application , and apply for a permit from the Colorado
Department of Public Health and Environment. (Department of Public Health and
Environment)
14) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code.
15) No development activity shall commence on the property, nor shall any building permits be
issued on the property until the final plan has been approved and recorded . (Department of
Planning Services)
16) The applicant shall comply with Section 27-8-40 Weld County Code, as follows: Failure to
submit a Planned Unit Development Final Plan - If a PUD final plan application is not
submitted within three (3) years of the date of the approval of the PUD Zone District. the
Board of County Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and that the applicant
possesses the willingness and ability to continue with the submittal of the PUD final plan.
The Board of County Commissioners may extend the date for the submittal of the PUD final
plan application and shall annually require the applicant to demonstrate that the PUD has not
been abandoned. If the Board of County Commissioners determines that conditions or
statements made supporting the original approval of the PUD Zone District have changed or
that the landowner cannot implement the PUD final plan. the Board may, at a public meeting,
revoke the PUD Zone District and order the recorded PUD Zone District reverted to the
original zone district. (Department of Planning Services)
RESOLUTION PUDZ18-0006
ALF TODD CREEK VILLAGE NORTH LLC
PAGE 6
17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including , but not limited to, sand and gravel , oil , natural
gas, and coal . Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the State's commercial mineral deposits are essential to the State's economy;
(b) the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan , calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into
these areas must recognize the various impacts associated with this development. Often
times, mineral resource sites are fixed to their geographical and geophysical locations.
Moreover, these resources are protected property rights and mineral owners should be
afforded the opportunity to extract the mineral resource.
18) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten counties
in the country in total market value of agricultural products sold . The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including conflicts
with long-standing agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views. spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well-
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning: flies and mosquitoes: hunting and trapping activities: shooting sports. legal
hazing of nuisance wildlife,. and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3. 5-102 . C . R. S. , provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production .
Water has been. and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3, 700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the County. and the distances which must
be traveled may delay all emergency responses, including law enforcement, ambulance, and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are bladed, will
not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a
RESOLUTION PUDZ18-0006
ALF TODD CREEK VILLAGE NORTH LLC
PAGE 7
major snowstorm. Services in rural areas, in many cases. will not be equivalent to municipal
services. Rural dwellers must, by necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sandburs, puncture vines. territorial
farm dogs and livestock. and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
J. The Change of Zone plat map shall be submitted to the Department of Planning Services for
recording within 3 years of approval by the Board of County Commissioners. With the Change of
Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change
of Zone application.
Motion seconded by Elijah Hatch _
VOTE :
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I , Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 21 , 2020.
Dated the 21st of January. 2020
Kristine Ranslem
Secretary
EXHIBIT
PL t•ka(Akt a
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING -
1� 2- I l 2020
Tuesday. January 21 . 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building . Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair.
Michael Wailes, at 12: 30 pm.
Roll Call.
Present: Bruce Johnson, Elijah Hatch, Gene Stiller Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland. Tom Cope.
Also Present: Chris Gathman and Angela Snyder. Department of Planning Services; Lauren Light,
Department of Health; Mike McRoberts. Public Works: Bob Choate, County Attorney. and Kris Ranslem.
Secretary.
CASE NUMBER: PUDZ18-0006
APPLICANT. ALF TODD CREEK VILLAGE NORTH LLC
PLANNER ANGELA SNYDER
REQUEST. CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE
HUNDRED (300) LOTS WITH R-1 (LOW DENSITY RESIDENTIAL), R-2
(DUPLEX RESIDENTIAL. R-3 (MEDIUM DENSITY RESIDENTIAL). R-4 (HIGH
DENSITY RESIDENTIAL). AND C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
DISTRICT USES WITH 14. 1 ACRES OF OPEN SPACE AND ONGOING OIL AND
GAS ACTIVITY.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-4462 AND LOT B REC EXEMPT RE-433, BEING PART
OF THE W2 OF SECTION 35. T1N , R67W OF THE 6TH P M. , WELD COUNTY.
COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 2, EAST OF AND ADJACENT TO CR 21 .
CASE NUMBER. MET19-0003
APPLICANT: DRY CREEK METROPOLITAN DISTRICT NO. 1
PLANNER : ANGELA SNYDER
REQUEST THE PURPOSE OF THE METRO DISTRICT IS TO PROVIDE FOR PUBLIC
IMPROVEMENTS, INCLUDING PLANNING. DESIGN , ACQUISITION ,
CONSTRUCTION, INSTALLATION . RELOCATION AND REDEVELOPMENT, IN
THE DRY CREEK REGIONAL URBANIZATION AREA.
LEGAL DESCRIPTION LOT B RE-4462 AND LOT B RE-433 LYING WITHIN THE W2 OF SECTION 35,
Ti N . R67W OF THE 6TH P M. . WELD COUNTY. COLORADO
LOCATION: NORTH OF AND ADJACENT TO CR 2, EAST OF AND ADJACENT TO CR 21
Bob Choate, County Attorney, noted that MET19-0003 is the request to approve the Service Plan for this
proposed Planned Unit Development.
Angela Snyder, Planning Services, stated that the applicant is proposing a mixed-use development with
300 units located within the Dry Creek Regional Urbanization Area (RUA) . Ms. Snyder said that the site is
located within three miles of the Cities of Brighton. Ft. Lupton and Thornton. The City of Thornton
expressed no concerns. The City of Brighton sent a letter of objection and the City of Ft. Lupton indicated
that they are the sewer provider for the project through an IGA with Todd Creek Village Metro District. In
one letter from Ft. Lupton , it indicated that they have conditions that must be fulfilled prior to serving the
site and in a subsequent letter received today they are requesting another continuance.
Ms. Snyder said that the proposal is for a 300 lot PUD on approximately 80 acres. The project is compatible
with the Dry Creek RUA Guiding Document found in Chapter 26 of the Weld County Code. The site is
currently zoned Agricultural, and the proposed PUD zoning will accommodate neighborhood commercial
uses and both single-family and multi-family dwelling units in accordance with the Dry Creek RUA.
Ms. Snyder stated that the proposed Dry Creek North Metropolitan District. MET19-0003 being considered
in conjunction with this Change of Zone Application. is a Service Plan intended to provide funding for the
1
public improvements necessary for the proposed subdivision. including potable and non-potable water
systems, sanitary sewer facilities, road construction and site construction.
Ms. Snyder noted that after notice was sent to surrounding property owners for PUDZ18-0006, two
responses were received . One property owner to the west expressed concern of a high-density
development being located in a rural area and the potential negative health and safety effects of being
located adjacent to a large oil and gas well pad. Another letter was received that indicated concern over
drainage involving the New Brantner Irrigation Canal. Ms. Snyder added that the New Brantner Extension
Ditch Company met and discussed the project and submitted the following conditions:
1 . Requested that the ditch not be used for flood routing or flood storage . Storm water may not be
routed to and will not be permitted to enter the ditch.
2. Public access to the ditch easement area is not permitted.
3. Pedestrian, equine and motorized vehicle trails are not permitted within the ditch easement area
4. No above or below ground improvements are permitted within the ditch easement area.
5. No crossing of the ditch property or other encroachment into the ditch easement area is permitted
without New Brantner's prior written approval.
Ms. Snyder deferred to the County Attorney to explain Ft. Lupton's request for continuance.
Bob Choate, County Attorney, said that the PUD Change of Zone and the Service Plan go hand in hand
and the recommendation for approval for the Service Plan is because they have met all of the requirements
laid out in the Weld County Code and Colorado State Statute. He said that there are a couple changes
that both he and Don Warden . Weld County Director of Finance and Administration, recommended to the
Service Plan. However, the recommendation for approval of the Service Plan is contingent on approval of
the PUD Change of Zone because you have to prove a need for the services that will be provided and if
there are no lots or no likelihood of having new lots then there is no need for a Metro District.
Mr. Choate said that what the applicant has to prove up for the PUD Change of Zone is that they are going
to likely be able to provide sewer and water service, however the sewer service is what has come under
fire. He added that the City of Ft. Lupton has an IGA (Intergovernmental Agreement) with the Todd Creek
Village Metro District (Todd Creek) to provide sewer service to this area. Todd Creek agreed to the
proposed Dry Creek Metro District No. 1 to provide sewer infrastructure on their behalf, so only one (1 )
Metro District, Todd Creek, will provide sewer service. Mr. Choate said that there is a little bit of a
misunderstanding between Todd Creek Village Metro District and the City of Ft. Lupton about whether or
not they will be providing sewer service because according to these two agreements Ft. Lupton will actually
provide sewer service. Mr. Choate reviewed the IGA from 2008 between Ft. Lupton and the Todd Creek
Village Metro District and it appears that they can meet all of the requirements there; however, there is one
requirement which is odd in that it requires Todd Creek to enter into an IGA with Weld County and when
they do that then they have vesting under the IGA and Ft. Lupton will provide sewer service. Mr. Choate
added that we don't really know what that IGA between Todd Creek and Weld County would include
because that is not how we do business in Weld County. He added that Weld County doesn't require
developers to enter into agreements with the county_ Therefore. he added that the request from Ft. Lupton
is to continue the cases today so that they can have time to talk to Todd Creek and determine what was
meant by the Weld-Todd Creek IGA request because all of the people who were involved in drafting and
signing that IGA in 2008 are no longer there. Mr. Choate stated that he is not recommending that the
Planning Commission continue this matter. He added that the Planning Commission can continue it if they
want or they can defer this to the Board of County Commissioners. He said that Staff just wanted to bring
this to the Planning Commission's attention because of the request by the City of Ft. Lupton. Mr. Choate
said that Staffs recommendation is for approval of PUDZ18-0006 and MET19-0003.
Commissioner Johnson clarified that the recommendation is to approve both of these cases with the
contingency that the other one is approved. Mr. Choate said that there is no reason to approve one over
the other and added that the PUD will not happen without both and there is no reason to approve one case.
He recommended separate motions on any action that is taken by the Planning Commission.
Commissioner Cope asked why this doesn't fall under the Todd Creek Metro District if this falls within their
service area. Mr. Choate said that it does fall under their Metro District. Mr. Cope asked why another Metro
District is being created then. Mr. Choate said that it will provide lots of other services and the applicants
can talk about that. He added that it is more of a funding mechanism so that they can have additional mill
2
levies to pay for streets, lights. water and sewer infrastructure. however. the provision for that service will
be made by Todd Creek.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and roadway
classifications. He noted that the applicant's proposed access locations on County Roads 2 and 21 do not
meet the Weld County minimum intersection spacing requirements for arterial roads and therefore the
applicant will need to work with Public Works to find complying intersection locations or locations with
intersection configurations that Public Works deems acceptable.
Commissioner Cope referred to the applicant's site map with an access to County Road 21 and another to
County Road 2. He asked if the roadway from the north access going to the east ties into existing road .
Mr. McRoberts said that he has not seen the master plan and where it will eventually go. He said that they
are reviewing the intersections as they are not meeting the distance requirements and request a meeting
to come up with a solution , specifically with the access to County Road 2 .
Lauren Light. Environmental Health , reviewed the public water and sanitary sewer requirements, trail
system, and active recreational amenities.
Commissioner Holland asked if there was a positive response from the Fire District for this proposal. Ms.
Snyder said that Brighton did submit a positive referral and added that there is a condition of approval for
the applicant to address their concerns because the Fire District was wanting to nail down the location of
the fire station within the full build-out of this area. Ms. Snyder said that the original Dry Creek RUA doesn't
call out when it would be developed but that it would meet the Fire District's requirements.
Commissioner Ford referred to the Sakata response regarding a larger detention pond and asked Staff to
respond. Mr. McRoberts said that they have received an updated drainage report, however staff hasn't
reviewed it yet.
Peter Martz. PO Box 50223. Colorado Springs, Colorado. stated that the Todd Creek Metro District
boundary area is small but their service area is much larger and includes all of the RUA and then some.
When the RUA was approved in 2010 it was roughly 2000 acres and the service area for Todd Creek Metro
District includes about 5000 acres total. He added that they do have adequate fire supply and the existing
water systems serves between 1400 to 1700 homeowners.
Mr. Martz said that they are aware of the concerns from Sakata Farms regarding drainage to the east. He
said that they have included that in their drainage report and will work with Public Works to make certain
as they move forward to work out details for detention from the PUD.
Mr. Martz said that overall they agree with Staff's recommendation for approval; however, they do not agree
with Ft. Lupton's request to continue because they have been meeting with them about the sewer
connection and potential annexation . He said that the only issue they have is whether or not Weld County
should be entering into an IGA with the district. He added that they feel between now and some point in
the future they can resolve this issue with Ft. Lupton. Mr. Martz asked for recommendation of approval for
the PUD and the formation of the Metro District.
Commissioner Cope asked how they will prevent drainage into the irrigation ditch . Mr. Martz said the ditch
is about a half-mile east of the site so it shouldn't be a problem.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
The Chair asked Staff if they have any changes to the Resolutions for PUDZ18-0006 or MET19-0003.
Ms. Snyder recommended deletion of Condition of Approval 1 . E in PUDZ18-0006 regarding submittal of
proof of surface use agreements with the mineral interests as Staff received a letter from Occidental
Petroleum Corporation, formally known as Anadarko, that they have all their agreements.
3
Mr. Choate recommended adding Section VI . I to the Service Plan for MET19-0003 "At least thirty (30) days
prior to the District's organization election, the proposed ballot questions shall be submitted to the County
for review to ensure that said ballot questions are in compliance with this Service Plan".
Additionally, he requested that a condition recommended by Don Warden be added to the Service Plan
Section VI .E for MET19-0003 to read "The District shall not apply for or accept conservation Trust Funds.
Great Outdoors Colorado Funds, or other funds available from or through governmental or nonprofit entities
for which the County is eligible to apply. except pursuant to an intergovernmental agreement with the
County".
Motion : Delete Condition of Approval 1 . E in PUDZ18-0006. Moved by Gene Stille, Seconded by Elijah
Hatch. Motion carried unanimously.
Motion : Add Conditions of Approval as stated by Staff to the MET19-0003 Service Plan, Moved by Gene
Stille, Seconded by Elijah Hatch. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval for PUDZ18-
0006 and MET19-0003 and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case PUDZ18-0006 to the Board of County Commissioners along with the amended
Conditions of approval with the Planning Commission's recommendation of approval, Moved by Gene
Stille. Seconded by Elijah Hatch .
Commissioner Stille said that he doesn't see any reason why there should be a continuance.
Commissioner Johnson said that there should be a contingency of the approval that MET19-0003 is also
approved. He added that one without the other is a moot point.
Commissioner Holland referred to the City of Thornton's referral that indicated no concerns. He said that
the Thornton waterline project is struggling to get proper approval and is surprised that Thornton would
indicate no concerns if Thornton is providing any of the water supply for this project due to the problems
with NISP. Commissioner Stille said that no one knows when that waterline will be brought down and when
NISP will start construction so he understands why Thornton would indicate they have no concerns He
added that he doesn't have any concern with water service. Commissioner Cope said that the applicant
mentioned that their engineers did study the existing system and found that it is already adequate to handle
the proposal, therefore he agrees that it has been shown that they seem to have adequate water volume
and pressure. Mr. Choate clarified that the City of Thornton is not providing water to this project.
Motion : Amend the Motion to include that PUDZ18-0006 is contingent upon the approval of MET19-0003,
Moved by Bruce Johnson , Seconded by Tom Cope.
Commissioner Holland asked Commissioner Johnson what his concern is. Commissioner Johnson said
that he is concerned that the MET19-0003 might not be approved.
The Chair called for the vote to amend the original motion.
Vote: Motion failed (summary : Yes = 2. No = 6, Abstain = 0).
Yes: Bruce Johnson , Tom Cope.
No: Elijah Hatch. Gene Stille, Lonnie Ford. Michael Wailes. Richard Beck, Skip Holland .
The Chair called for the vote to forward PUDZ18-0006 to the Board of County Commissioners along with
the amended Conditions of Approval with the Planning Commission's recommendation of approval.
Vote: Motion carried by unanimous roll call vote (summary : Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes. Richard Beck, Skip Holland ,
Tom Cope.
Motion : Forward Case MET19-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval. Moved by Gene Stifle, Seconded
by Elijah Hatch.
4
Vote: Motion carried by unanimous roll call vote (summary : Yes = 8).
Yes : Bruce Johnson, Elijah Hatch. Gene Stifle, Lonnie Ford. Michael Wailes. Richard Beck, Skip Holland.
Tom Cope.
Meeting adjourned at 3:30 pm.
Respectfully submitted.
Kristine Ranslem
Secretary
5
3
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday. January 7. 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair.
Michael Wailes. at 12: 30 pm.
Roll Call.
Present: Michael Wailes, Bruce Johnson. Gene Stille. Lonnie Ford, Richard Beck. Elijah Hatch. Skip
Holland.
Absent: Tom Cope.
Also Present: Angela Snyder and Maxwell Nader. Department of Planning Services; Lauren Light,
Department of Health; Mike McRoberts, Public Works; Bob Choate, County Attorney, and Michelle Wall,
Secretary.
CASE NUMBER: PUDZ18-0006
APPLICANT: ALF TODD CREEK VILLAGE NORTH LLC
PLANNER. ANGELA SNYDER
REQUEST CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE
HUNDRED (300) LOTS WITH E (ESTATE). R-1 (LOW DENSITY RESIDENTIAL).
R-2 (DUPLEX RESIDENTIAL. R-3 (MEDIUM DENSITY RESIDENTIAL), R-4
(HIGH DENSITY RESIDENTIAL). AND C-1 (NEIGHBORHOOD COMMERCIAL)
ZONE DISTRICT USES WITH 13. 1 ACRES OF OPEN SPACE.
LEGAL DESCRIPTION LOT B REC EXEMPT RE-4462 AND LOT B REC EXEMPT RE-433, BEING PART
OF THE W2 OF SECTION 35. T1 N . R67W OF THE 6TH P. M. , WELD COUNTY.
COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 2, EAST OF AND ADJACENT TO CR 21 .
Angela Snyder. Planning Services. stated that the applicant is requesting a continuance to the January 21 ,
2020 Planning Commission hearing to allow the applicant to review and resolve outstanding issues
revealed in referral agency comments from both water and sewer. The primary issue of concern is the
provision of sanitary sewer service by the City of Fort Lupton. A continuance will allow the City of Fort
Lupton time to clarify their conditions required by their IGA. Staff is in agreement and encourages the
Planning Commission to continue the case.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion : Continue PUDZ18-0006 to the January 21 . 2020 Planning Commission Hearing, Moved by Skip
Holland, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson , Elijah Hatch. Gene Stifle, Lonnie Ford. Michael Wailes. Richard Beck, Skip Holland.
Meeting adjourned at 12:54 pm.
Respectfully submitted,
of Mali--
Michelle Wall
Secretary
ATTENDANCE RECORD N f -r 1207 O
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