HomeMy WebLinkAbout20200584.tiffHEARING CERTIFICATION
DOCKET NO. 2020-08.B
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 February 12, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Vacant Commissioner Position
Also present:
Acting Clerk to the Board, Jessica 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:
IE 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,
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.
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2020-0584
PL2732
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HEARING CERTIFICATION - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC
(PUDZ18-0006 / MET19-0003)
PAGE 2
E Todd Messenger, Fairfield and Woods P.C., represented the applicant and stated although
he has not yet presented to the Board regarding this case, he is well versed on where it stands.
He recalled the last hearing was continued to allow the applicant adequate time to work out the
Intergovernmental Agreement (IGA) between the Todd Creek Village Metropolitan District
(TCVMD) and the City of Fort Lupton and stated the City of Fort Lupton does not acknowledge
the agreement is valid until the TCVMD has entitlements, which the TCVMD can't get without
relying on the IGA. He acknowledged the applicant submitted a withdrawal request (Exhibit G) on
February 4, 2020, but since the request had not yet been accepted by the Board, he instead
requested a further continuance of the matter. He suggested November 2020, to allow the
applicant adequate time to fix the issues with the IGA and expressed the parts of the IGA, with
regard to the development, was not artfully drafted. He stated the Plan fits in with the Regional
Urbanization Area (RUA) and the County's plans and reiterated his request for a continuance.
e In response to Commissioner Moreno, Mr. Messenger explained the November timeframe is
necessary to meet with necessary parties and clarify the language in the IGA and obtain
development approvals in order to avoid another continuance. In response to Commissioner
James, Mr. Choate stated it is within the Board's discretion to continue the hearing, regardless of
the extended timeframe, and affirmed the audio recording of the previous hearing is available to
help refresh their memory if an extended amount of time is granted. In response to Commissioner
Kirkmeyer, Esther Gesick, Clerk to the Board, confirmed the action of notice from the last hearing
was to continue the hearing to February 12, 2020, and stated the draft resolution was prepared
based on the information the Clerk to the Board received from the Department of Planning Staff,
about the withdrawal request. She explained the draft resolution is subject to change at to the
Board's discretion, and Ms. Snyder confirmed the applicant's letter of withdrawal and the draft
resolution were both included in the public file. Mr. Messenger indicated, perhaps his client
overreacted by submitting a letter of withdrawal, and again reiterated his request for a
continuance.
El Commissioner James moved to continue the request of Alf Equinox Todd Creek Village North,
LLC, for Change of Zone, PUDZ18-0006, to November 4, 2020, at 10:00 a.m., to allow the
applicant adequate time to work on the IGA. IR However, after further discussion about a
potential scheduling conflict of the Board they decided to continue the hearing to October 28,
2020, at 10:00 a.m.
IE Commissioner James amended his motion to continue 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, to October 28, 2020, at 10:00 a.m., to allow the applicant
adequate time to work on the terms and provisions of the IGA between the TCVMD and the City
of Fort Lupton. Commissioner Kirkmeyer seconded the motion. No public testimony was offered
concerning the continuance and the motion carried unanimously.
2020-0584
PL2732
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HEARING CERTIFICATION - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC
(PUDZ18-0006 / MET19-0003)
PAGE 3
e In response to Chair Freeman, Mr. Choate confirmed the Board needed to make two
separate motions.
e Commissioner James moved to continue the request of Alf Equinox Todd Creek Village North,
LLC, for the Service Plan for proposed Dry Creek Metropolitan District No. 1, to October 28, 2020,
at 10:00 a.m., to allow the applicant adequate time to work on the terms and provisions of the IGA
between the TCVMD and the City of Fort Lupton. Commissioner Moreno seconded the motion,
which carried unanimously. There being no further discussion, the hearing was completed at
11:02 a.m.
This Certification was approved on the 19th day of February, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifet.)Weld County Clerk tothe Board
BY: A/N1
eputy Clerk to the Board
Mike Freeman, Chair
Steve Moreno, Pro-Tem
VACANT
arbara Kirkmeyer
2020-0584
PL2732
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