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Home My WebLink About20200312.tiffHEARING CERTIFICATION DOCKET NO. 2020-08.C 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 October 28, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro -Tern Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross - RECUSED Also present: Deputy Clerk to the Board, Jess Reid 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: IR 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 on January 29, 2020, 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 on January 29, 2020, to consider the request of ALF Equinox Todd Creek Village North, LLC, for a proposed Service Plan for Dry Creek Metropolitan District No. 1, at which time both items were continued to February 12, 2020, and again to October 28, 2020, to allow the applicant adequate time to accomplish necessary meetings with the City of Fort Lupton and Todd Creek Village Metropolitan District regarding intergovernmental agreements for the provision of sewer service. Bob Choate, Assistant County Attorney, made this a matter of record. : PuCtso/11 .PW( k/PM, I c) 12.131 2020 2020-0312 PL2732 SD0143 HEARING CERTIFICATION - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC (PUDZ18-0006 / MET19-0003 ) PAGE 2 Chair Freeman explained the Board had previously heard the case and received public input, and the purpose of the present hearing was to determine if the outstanding item of the sewer service had been resolved. Angela Snyder, Department of Planning Services, provided a brief explanation of the application, the general location of the site and stated the case was previously continued pending a sewer service agreement. She described the proposed sewer for the project was to be provided by Todd Creek Village Metropolitan District, through an Regional Urbanization Area (RUA) agreement, which required the City of Fort Lupton to provide sewer service to the area through an Intergovernmental Agreement (IGA) between Todd Creek Village Metropolitan District and the City of Fort Lupton. She went on to say the proposed development is in an area covered by Fort Lupton's 208 Areawide Water Quality Management Plan (AWQMP) and referenced Exhibits G and H, Will Serve letters from Hi -Land Acres Water and Sanitation District (Hi -Land Acres) and Todd Creek Village Metropolitan District (Todd Creek), respectively. El Don Ryan, Morris Design, was prepared to share a PowerPoint presentation, but Chair Freeman indicated the Board had already heard the case and stated they just needed to know if sewer service could be provided to the development. El Greg Panza, HR Green, Inc., applicant representative, referenced both Will Serve letters and relayed their preference is to use the City of Fort Lupton for sewer service and have Hi -Land Acres as a back-up plan. Commissioner Kirkmeyer stated the IGA with the City of Fort Lupton requires they use the City of Fort Lupton for the sewer service and read the paragraph from the IGA, stating such. e Jeff Erb, Seter and Vander Wall, P.C., applicant's attorney, reiterated the goal is to use the City of Fort Lupton and have Hi -Land Acres as an alternative option, knowing the ability to provide sewer service is necessary for a Change of Zone (COZ) approval. In turn, Commissioner Kirkmeyer stated the Todd Creek Village Metropolitan District was approved based on the agreement that sewer service would be provided by the City of Fort Lupton. Chair Freeman reflected, the case was continued from February to allow the applicant time to work out an amended agreement with the City of Fort Lupton, which they still have not done. Commissioner James cited Weld County Code Section 27-6-120.B.2.d (PUD Zone District shall be serviced by an adequate water supply and sewage disposal system) and questioned whether there is an agreement with a provider, who has an existing, or a to be built sewer system and Mr. Erb confirmed there is not. Commissioner James asserted municipal sized developments belong in municipalities, not in the county, and Mr. Erb stated even though the sewer system is not built, the requirement was for them to show they have the ability to get sewer service to the property and expressed they will build it once the COZ is approved. Chair Freeman explained, even if built, there is not an agreement in place for the sewage to be carried away and disposed of and Mr. Erb explained the proposed development has an agreement in place to get water and sewer service, but the sewer service is dependent on an amended agreement between the Todd Creek and the City of Fort Lupton. 2020-0312 PL2732 SD0143 HEARING CERTIFICATION - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC (PUDZ18-0006 / MET19-0003 ) PAGE 3 • Mr. Panza stated the proposed development is on the southern boundary of the 208 AWQMP service area, so by installing infrastructure the applicant would be serving the whole southern portion of land. Commissioner Kirkmeyer reiterated the 208 AWQMP requires they use the City of Fort Lupton for sewer service, so in order to use Hi -Land Acres, the 208 AWQMP, as well as several other Plans/Agreements would have to be amended. • Mr. Choate suggested the hearing be opened to the public, since additional evidence was submitted and confirmed, in order for the applicant to use Hi -Land Acres for sewer service, the 208 AWQMP boundary would need to be amended, and went on to say, since the proposed development is in the City of Fort Lupton, they would have to agree. Commissioner Kirkmeyer indicated it would also take approval of the 208 AWQMP group, of which the County is a part of. Mr. Choate reiterated the RUA, that was in effect at the time the application was submitted, also requires sewer service be provided through Todd Creek. Mr. Panza reiterated they have a Will Serve letter with Todd Creek, who will have to work out the sewer service agreement with the City of Fort Lupton. • No public testimony was offered. • Commissioner James recited the Code Section he referenced earlier and stated he does not believe the applicant has sewer service, and Commissioner Kirkmeyer noted they also did not prove there is adequate water supply. In response to Commissioner Kirkmeyer, Mike McRoberts, Department of Public Works, stated a Final Drainage Report was never submitted, only a Preliminary Drainage Report, which was submitted in August, 2018. • In response to Commissioner James, Mr. Panza explained they have been putting pressure on Todd Creek to get an agreement with the City of Fort Lupton but explained there is not a time frame of when the agreement will come to fruition. He stated he believed the Will Serve letter from the City of Fort Lupton shows a good faith effort on their part. • Mr. Erb added, since the development is in the City of Fort Lupton's 208 AWQMP service area, the City of Fort Lupton ultimately has to serve the development unless Plans/Agreements are amended. He stated it is the same situation as someone wanting to annex into a municipality, where the municipality would expect the developer to provide infrastructure. He indicated the capacity is there, they just have to come to an agreement to connect to the existing sewer service. la Commissioner Kirkmeyer moved to deny the request of ALF Equinox Todd Creek Village North, LLC, for 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, and Commissioner James seconded the motion. Commissioner Kirkmeyer cited Section 27-6-120.D.5.a (is proposal consistent with any IGAs in effect influencing the PUD and does it meet the standards for the Dry Creek RUA), stating although the applicant presented 2020-0312 PL2732 SD0143 HEARING CERTIFICATION - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC (PUDZ18-0006 / MET19-0003 ) PAGE 4 evidence of a possible sewer connection to Hi -Land Acres, the property is located within the City of Fort Lupton's 208 boundary, and the applicant presented insufficient evidence that such boundary could be amended to allow Hi -Land Acres to serve the property. Further, Todd Creek has an existing IGA with the City of Fort Lupton governing the provision of sewer services in the area that includes the property, but said IGA includes a requirement for Todd Creek to enter into an IGA with Weld County before serving the area which includes the property. The applicant presented insufficient evidence that such an IGA was ever executed between Weld County and Todd Creek. She cited Section 27-6-120.D.5.c (the permitted uses will 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 the Weld County Code), stating Section 22-2-110 encourages municipal development within a municipality, noted this development is located several miles away from the City of Fort Lupton and asserted although the property is located within the Dry Creek RUA, the applicant has provided insufficient evidence of adequate urban -level services in the area. Further, there is no Final Drainage Report and she has concerns about involving the New Brantner Irrigation Canal in the development's drainage plan. She cited Section 27-6-120.D.5.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 II of Chapter 27), stating although the applicant presented evidence that Todd Creek and City of Fort Lupton were in negotiations to update their IGA, the applicant did not present sufficient evidence that such an update was likely to occur. Specifically, the applicant did not demonstrate that the City's facilities had sufficient capacity to serve the development, even if the applicant financed and constructed the infrastructure between the property and the City's facilities located miles away. Commissioner James questioned whether a denial or a continuance would be more appropriate, and Commissioner Kirkmeyer relayed the Metro District and the RUA were created roughly ten (10) years ago and asserted they have had plenty of time to work out agreements. The motion to deny carried unanimously. Commissioner Kirkmeyer moved to deny the request of ALF Equinox Todd Creek Village North, LLC, for the Service Plan for proposed Dry Creek Metropolitan District No. 1, given the Board denied the application to rezone the property in case PUDZ18-0006, which resulted in the Board finding there was no need for the Service Plan, which was proposed for the sole purpose of serving the proposed Planned Unit Development. Commissioner Moreno seconded the motion, which carried unanimously. There being no further discussion, the hearing was completed at 10:35 a.m. 2020-0312 PL2732 SD0143 HEARING CERTIFICATION - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC (PUDZ18-0006 / MET19-0003 ) PAGE 5 This Certification was approved on the 2nd day of November, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�J Jl 1;eA Weld County Clerk to the Board BY: ty Clerk to the Boar Mike Freeman, Chair Stev$/Moreno, Pro -Tern Scott K. James tlifitakk- arbara Kirkmeyer} RECUSED Kevin D. 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