HomeMy WebLinkAbout20200314.tiffHEARING CERTIFICATION
DOCKET NO. 2020-08.A
RE: CHANGE OF ZONE, PUDZ18-0006, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 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 - ALF EQUINOX TODD CREEK
VILLAGE NORTH, LLC
RE: SERVICE PLAN, MET19-0003, FOR PROPOSED DRY CREEK METROPOLITAN
DISTRICT NO. 1 — AMERICAN LAND FUND (ALF) EQUINOX TODD CREEK VILLAGE
NORTH, LLC
A public hearing was conducted on January 29, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro -Tern
Commissioner Sean P. Conway — EXCUSED
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated January 6, 2020, and duly published
January 10, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request
of Alf Equinox Todd Creek Village North, LLC, for a Change of Zone, PUDZ18-0006, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 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. In conjunction, pursuant to a notice dated
December 10, 2019, and duly published December 13, 2019, in the Greeley Tribune, a public
hearing was conducted to consider the request of Alf Equinox Todd Creek Village North, LLC, for
a proposed Service Plan for Dry Creek Metropolitan District No. 1. Bob Choate, Assistant County
Attorney, made this a matter of record.
El Chair Freeman reviewed for the applicant's representative, Peter Martz, and the public, the
procedures to follow should either of these cases result in a tie vote due to four (4) Commissioners
being present and Commissioner Conway being excused.
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• Commissioner Kirkmeyer expressed concern with calling up both items concurrently and
unduly influencing the Board's decision on one case, or the other, when each is a quasi-judicial
process. Mr. Choate stated he reviewed the matter with County Attorney, Bruce Barker, who
agreed they need to be considered concurrently, because one would not be approved without the
other, and hearing them simultaneously affords the Board the opportunity to hear all the relevant
facts and make an informed decision. He explained the PUDZ is contingent upon the Service
Plan, which provides the funding mechanism, and the Service Plan should not be approved
without demonstrating the need through the zoning. Following discussion, Mr. Choate confirmed
the Planning Commission considered both cases simultaneously.
e Commissioner Kirkmeyer requested the opportunity to discuss the process with the County
Attorney. At 10:39 a.m., Commissioner James moved to recess into Executive Session to seek
counsel from the County Attorney regarding the process for reviewing these applications. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Upon
reconvening at 11:03 a.m., Commissioner James move to adjourn the Executive Session and
confirmed for the record that the only topic discussed was the process for reviewing the PUDZ
application and proposed Service Plan. Commissioner Kirkmeyer seconded the motion, which
carried unanimously. Chair Freeman stated the determination to proceed with considering both
cases concurrently and then making separate motions at the end of the hearing.
e Angela Snyder, Department of Planning Services, presented a brief summary of the proposal,
displayed maps depicting uses in the surrounding area, described the site plan for the proposed
use and explained the Metropolitan District will finance the infrastructure. Ms. Snyder reviewed
the responses from 24 referral agencies, as well as comments received from two surrounding
property owners expressing concerns regarding the potential negative impacts of a high -density
development in a rural area, health and safety impacts resulting from the close proximity to a well
pad, and drainage impacts to the nearby Brantner Ditch, which have all been addressed in the
Conditions of Approval. She also reviewed the municipal responses, stating the City of Thornton
had no concern, the City of Brighton is objecting to the proposal, and the City of Fort Lupton noted
conditions of an Intergovernmental Agreement with the Todd Creek Village Metropolitan District
(TCVMD) which must be fulfilled prior to providing sewer service. Ms. Snyder stated the site is
located within the Dry Creek Regional Urbanization Area (RUA) and the proposal for single-family
and multi -family dwelling units is consistent with the design standards for a PUD located within
the RUA, including lot design, open space, landscaping, school provision, street design, etc. She
explained the site is currently zoned A (Agricultural); however, the proposed PUD zoning will
accommodate the neighborhood uses. Additionally, the applicant submitted a Specific
Development Guide and is requesting administrative review of the Final Plan (PUDF); however,
if there are substantial changes between the Change of Zone and PUDF, staff will bring the case
back before the Board of Commissioners for final review. She further explained staff's request to
remove the R-4 (High Density Residential) from the title, as that zoning designation was made
obsolete through the recent Code update. Ms. Snyder stated the Todd Creek Village Metropolitan
District will provide potable and non -potable water, and based upon a third -party consultant review
of the complex water supply plan, the Colorado Division of Water Resources deemed the water
supply adequate. Ms. Snyder reiterated sewer service will be provided by the TCVMD, which has
an Intergovernmental Agreement with the City of Fort Lupton to provide service within their
208 Plan boundary. She explained the proposed Service Plan, MET19-0003, will provide the
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funding for the necessary infrastructure. Ms. Snyder referenced a letter from the City of Fort
Lupton, dated January 28, 2020, indicating they no longer requested a continuance, but that there
were still conditions which need to be met prior to offering sewer service. She explained, if the
PUDZ and Service Plan are approved, the applicant must satisfy the conditions of the IGA with
Fort Lupton. Lastly, she displayed photographs of the site and surrounding views, and entered
the favorable recommendation of the Planning Commission into the record as written. In
response Commissioner Kirkmeyer, Ms. Snyder stated the final design calls for 300 residential
units located on 80 acres.
e Mike McRoberts, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and stated access is from County Road (CR) 2, a paved,
arterial road, as well as CR 21, a gravel, local road, according to the Weld County Functional
Classification Map. He explained the project in located within the boundaries of the Dry Creek
RUA, and the RUA map shows CRs 2 and 21 are designated as four -lane arterial roads. As a
result, PW is recommending the Board direct staff to reclassify CR 21, on the Functional
Classification Map, from a local road, to an arterial road, to be consistent with the roadway
classification and the Dry Creek RUA map. He noted the proposed access locations on CRs 2
and 21 do not meet minimum spacing requirements, and the applicant will need to work with PW
to find acceptable access locations prior to recording the Change of Zone map. He indicated there
are no traffic counts available on CR 2, in the vicinity of the project, the latest counts on CR 21
are 149 average daily trips, with 27% trucks, and the site will generate approximately 5,199 daily
round trips. He stated an Improvements and Road Maintenance Agreement is required, presented
the drainage and grading requirements and at the request of Commissioner Kirkmeyer, he agreed
to research the traffic count information for CR 2.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions to be provided by the Todd Creek RUA, and stated the applicant indicated there will
be a trail and a park, which staff encourages with the inclusion of safe paths to commercial areas.
She indicated staff also suggested notes for the plat regarding water, sewer, and dust, and
mentioned if the sewer service changes it will require a different plat note.
▪ Peter Martz, Land Resource Group, Inc., represented the applicant and stated, according to
the applicant's Traffic Study, the average daily roundtrips for CR 2 is approximately 4,000 and is
under the jurisdiction of Adams County. He confirmed they hold a Will Serve Letter from the
TCVMD as the water provider. He indicated there is an existing IGA between the TCVMD and the
City of Fort Lupton, which requires a connection to the Fort Lupton sewer plant before providing
service. He explained the purpose of the Dry Creek Metropolitan District (DCMD) is to provide a
source of capital for development and future maintenance of County roads, as well as the on/off
site sewer/water, storm facilities, and parks and trails. In response to Commissioner Kirkmeyer,
Mr. Martz explained the TCVMD is south of State Highway 7 and the approved service area
covers 5,000 acres in Weld County; therefore, Weld County is in the service area but not in the
legal boundary, and he recalled the service area being approved in 2013-2014. He reitreated the
TCVMD has an IGA with the City of Fort Lupton, with conditions still to be met, and explained the
TCVMD is not a taxing entity, which is why there is a need for the DCMD, whose legal boundary
is within the service area of the TCVMD, creating some overlap in the service area. In response
to Commissioner James, Mr. Martz confirmed the TCVMD operates a water treatment facility, but
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because they are not a taxation entity, they utilize user fees and tap fees to pay for the plant
operation. He went on to say the TCVMD had issued bonds in the past, and the applicant will pay
the TCVMD the necessary tap fees to serve the proposed DCMD. He indicated sewer service will
be provided through the IGA with the City of Fort Lupton and Commissioner James requested a
copy of the IGA for review (Exhibit E). Commissioner James stated he is not in support of a
municipal development in Weld County with no municipal structure to provide service and is
concerned about the increased demand on emergency service calls. Mr. Martz referenced the
RUA, approved in 2010, and stated, at that time, the Sheriff's Office indicated they could provide
service to the RUA. He indicated the proposed site is in the Brighton School District and the
Brighton Fire Protection District, both of which the TCVMD will pay taxes to. Additionally, the
Greater Brighton Fire Protection District requested a fire station location and a Sheriff's Office
substation within the RUA, on the Dry Creek property. In response to Commissioner James,
Mr. Martz indicated the Cities of Brighton and Fort Lupton are not interested in annexing west of
the South Platte River, largely in part to the availability of service.
e In response to Commissioner Kirkmeyer, Mr. Martz stated, other than Don Summers, he did
not know who is on the TCVMD Board of Directors. Mr. Choate confirmed it is acceptable to have
overlapping metro districts, but it is not acceptable for them to provide the same service in the
same area, which should be made clear in the Service Plan. He indicated he would research
whether the TCVMD needs permission from other water providers in the area before they can
connect to the City of Fort Lupton, stated a home would have to be in the service area to receive
sewer service from the TCVMD, and he emailed a map of the TCVMD service area (Exhibit F) to
the Board. In response to Commissioner Kirkmeyer, Mr. Martz confirmed 50 mills would be
assessed to property owners, including oil and gas, in the DCMD.
e Jeff Erb, Seter and Vander Wall, P.C., applicant's attorney, stated the mill levy will apply to
all property owners, including owners of mineral interests. He asserted they did try to provide
notice to said owners, and stated he will check with his paralegal about whether the owners of oil
and gas mineral leases were notified. He further clarified overlapping service area boundaries,
versus overlapping legal boundaries, and stated the reason there are restrictions on overlapping
services is to ensure there is not double taxation for the same service, but indicated that is not
the case in this situation, since the TCVMD does not tax. In response to Commissioner Kirkmeyer,
he stated the TCVMD user fee would be paid by the DCMD and in response to Commissioner
James, Mr. Erb explained the TCVMD does not tax but, instead, sells water to their customers
and imposes a water service fee, and any future repairs should be built into the TCVMD fee
structure. He indicated the TCVMD made the assessment they can provide the water service,
and a third -party engineer, as well as the Division of Water Resources, both found the TCVMD is
able to supply the water and confirmed they have a treatment facility to treat the water.
Commissioner James expressed his belief that municipalities, not metro districts, should provide
water/sewer services, and in response, Mr. Erb confirmed the IGA between the TCVMD and the
City of Fort Lupton requires an IGA between the TCVMD and Weld County. Commissioner
Kirkmeyer asserted that IGA does not exist, thus currently there is no provision for sewer service
within the 208 Planning boundary. In response to Commissioner James, Mr. Erb reiterated sewer
service is available pursuant to the IGA between TCVMD and the City of Fort Lupton, if the
conditions can be met, including entering into an IGA with Weld County.
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-�-' In response to Commissioner Kirkmeyer, Ms. Snyder displayed a map of the location of the
service area, but Commissioner Kirkmeyer clarified, based on the map, the legal boundary only
consists of one (1) lot, that is less than one (1) acre. In response to Commissioner Kirkmeyer,
Mr. Erb indicated he did not have any financial information with regard to the stability of the
TCVMD.
e Steve Teets, Greeley resident, stated there appears to be too many unanswered questions
and the hearing should be continued until the matter of an IGA between the City of Fort Lupton
and Weld County is resolved. There being no further comments, Chair Freeman closed public
testimony.
• Mr. Erb requested a continuance to allow discussion with the City of Fort Lupton to get
clarification and perhaps discuss an amendment to the TCVMD/City of Fort Lupton IGA, to strike
the requirement of an IGA between Weld County and the TCVMD. Commissioner Kirkmeyer
stated they cannot get the requirement stricken because the RUA was approved based on the
provision of establishing the IGA. Mr. Erb clarified they have been discussing the condition with
the City of Fort Lupton for years and were hopeful to complete the Change of Zone and the Metro
District, then do final plat approvals when the water/sewer issue is resolved. Commissioner
Kirkmeyer conveyed if the TCVMD does not have sewer due to the City of Fort Lupton IGA, then
the TCVMD cannot provide sewer service in the area, since it is in the Weld County 208 water
quality area, and she further asserted these details should have been resolved prior to applying
and appearing before the Board. In response to Commissioner James, Mr. Erb confirmed in order
to form a special district they must establish a need, and Commissioner James explained, without
a PUD there is no need for a Metropolitan District.
• In response to Commissioner Kirkmeyer, Mr. Choate stated it is at the Board's discretion
whether to act today or allow the continuance. Mr. Erb summarized his understanding that the
Board's main concern is to ensure a solid source of sewer service and if they are unable to remove
the condition that requires an IGA between the TCVMD and Weld County, then the Board needs
documentation from the TCVMD that they have ability to provide sewer service into the area.
Chair Kirkmeyer stated they currently do not have an IGA to address the 208 water quality
boundary and Commissioner James reiterated he does not agree with a metro district providing
municipal services, nor does he agree with creating a municipal -style demand on the Sheriff's
Office. Additionally, he expressed concern about the uncertainty of future citizens as to who they
should call if there are water/sewer problems. In response to Commissioner James, Mr. Erb stated
they are currently able to participate in the May election, and Commissioner Kirkmeyer noted they
are the only property owner subject to the election.
e Commissioner Kirkmeyer stated she did not see a need for a continuance and indicated it is
the applicant's burden to prove up the uses which will be allowed in the proposed district conform
with the Performance Standards, including compatibility with existing or future development and
the ability to provide an adequate water supply and sewage disposal system. She continued, it
is not the Board's concern if the applicant is unable to prove this today, she is not willing to
continue the hearing more than two (2) weeks and outlined the reasons she is not in support of a
continuance: an IGA has not been accomplished with Weld County in the past ten (10) years, and
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a disingenuous arrangement of a metro district charging a user fee while contracting with a
separate metro district charging a mill levy. Commissioner James and Chair Freeman discussed
the added complication of the DCMD being dependent upon an IGA between the TCVMD and
the City of Fort Lupton, which also requires an IGA with Weld County, and ultimately, DCMD isn't
even formed yet, so a continuance is not likely to accomplish anything.
Mr. Martz requested a continuance to allow time to hold the necessary meetings with the City
of Fort Lupton and to resolve the issues that were brought to light at the current hearing.
Commissioner James recapped the status of the situation and Mr. Martz stated they were relying
on the "Will Serve" letter from the DCMD, and now know that documentation is not sufficient in
the eyes of the Board. Chair Freeman stated, based on the fact the applicant cannot provide
evidence of sewer service, the Board should grant a two (2) week continuance to allow the DCMD
time to provide documentation they have the ability to provide sewer service and he went on to
say the DCMD would have had no way of knowing the TCVMD did not have an IGA in place with
Weld County. In response to Chair Freeman, Commissioner Kirkmeyer indicated the City of Fort
Lupton sent a letter, which was received by the Department of Planning Services on
December 18, 2019, showing the IGA with the TCVMD was not in place, and there was discussion
of a continuance date.
E Commissioner James moved to continue the request of Alf Equinox Todd Creek Village North,
LLC, for a Change of Zone, PUDZ18-0006, from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District for 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, to February 12, 2020, at 10:00 a.m., to allow the applicant adequate time to get
clarification on the IGA between the City of Fort Lupton and Weld County. The motion was
seconded by Commissioner Moreno. Commissioner Kirkmeyer stated her opposition to the
continuance, based on her belief that the issues should have been addressed prior to proceeding
with the application, and delaying will not likely result in a different outcome. Upon a roll call vote,
the motion carried 3-1, with Commissioner Kirkmeyer opposed.
e Commissioner James moved to continue the request of request of Alf Equinox Todd Creek
Village North, LLC, for proposed Service Plan for Dry Creek Metropolitan District No. 1, to
February 12, 2020, at 10:00 a.m., to allow the applicant adequate time to get clarification on the
IGA between the City of Fort Lupton and Weld County. The motion was seconded by
Commissioner Moreno. Upon a roll call vote, the motion carried 3-1, with Commissioner
Kirkmeyer opposed. There being no further discussion, the hearing was completed at 12:10 p.m.
2020-0314
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HEARING CERTIFICATION - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC
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This Certification was approved on the 3rd day of February, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiL ...do;ok
Weld County Clerk to the Board
BY:
Mike Feman, Chair
Steve Moreno, Pro-Tem
eputy Cler to the Board �� � EXCUSED
Sean P Conway
Barbara Kirkmeyer
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