HomeMy WebLinkAbout20200298.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 29th day of January, 2020, at 10:00 a.m.,
for the purpose of hearing the application of ALF Equinox Todd Creek Village North, LLC,
P.O. Box 50223, Colorado Springs, Colorado 80949, requesting Change of Zone, 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, for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -4462, and Lot B
of Recorded Exemption, RE -433; being part of the
W1/2 of Section 35, Township 1 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, deemed it appropriate to
continue the matter to February 12, 2020, at 10:00 a.m., 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, and
WHEREAS, on February 12, 2020, the Board was presented with a letter, received
February 5, 2020, from the applicant requesting the withdrawal of the Change of Zone,
PUDZ18-0006, stating they planned on re -submitting once they have had enough time to
re-evaluate and resolve any of the outstanding issues; however, the applicant's representative
appeared at the hearing and acknowledged that the withdrawal request had not yet been
accepted and requested a continuance instead, at which time the Board deemed it advisable to
continue the matter to October 28, 2020, at 10:00 a.m., and
WHEREAS, on October 28, 2020, the applicant was represented by Jeff Erb, Seter and
Vander Wall, P.C., 7400 East Orchard Road, Suite 3300, Greenwood Village, Colorado 80111,
and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
4657302 Pages. 1 of 4
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIIIII
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CA$4.5O% NP . l�PPL Rf.P 2020-0298
12422.12.o PL2,732
DENY CHANGE OF ZONE, PUDZ18-0006, FROM A TO PUD - ALF EQUINOX TODD CREEK
VILLAGE NORTH, LLC
PAGE 2
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the favorable
recommendation of the Weld County Planning Commission and all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this request shall be denied
for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has NOT
shown compliance with Section 27-6-120.D of the Weld County Code as follows:
A. Section 27-6-120.D.5.a — The proposal must be consistent with any
intergovernmental agreement (IGA) in effect influencing the PUD and
Chapters 19, 22, 23, 24 and 26 of the Weld County Code. According to
Appendix 26-B, any development occurring within the Dry Creek Regional
Urbanization Area (RUA) requires sanitation (sewer) services to be
supplied by the Todd Creek Village Metropolitan District (TCVMD).
Although the Applicant presented evidence of a possible sewer connection
to the Hi -Land Acres Water & Sanitation District (Hi -Land), 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 to serve the property. Further, the TCVMD 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 TCVMD 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 TCVMD.
After continuing the public hearing for approximately nine months to allow
TCVMD to renegotiate their IGA with the City, the Applicant presented
insufficient evidence to demonstrate that an amendment had been
executed. Therefore, the Board of County Commissioners finds that the
proposal is not consistent with the IGA between TCVMD and the City of
Fort Lupton, and further finds that the alternative proposal to receive sewer
services from Hi -Land is not consistent with Chapter 26 of the Weld County
Code.
B. Section 27-6-120.D.5.b — The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Article II of Chapter 27. Weld County Code Section 27-2-176
requires the PUD zone district to be served by an adequate sewage
disposal system. Urban scale development, like the high -density residential
development proposed by the Applicant, shall be served by an approved
sewer system. The Board finds the Applicant has presented insufficient
evidence to meet this performance standard.
C. Section 27-6-120.D.5.c — The uses which will 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 the Weld County Code or master plans of
4657302 Pages: 2 of 4
12/04/2020 01:09 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
•iVALIENrI4 'ftiLIANIKEir h1i INh 1IIII
2020-0298
PL2732
DENY CHANGE OF ZONE, PUDZ18-0006, FROM A TO PUD - ALF EQUINOX TODD CREEK
VILLAGE NORTH, LLC
PAGE 3
affected municipalities. Section 22-2-110 encourages municipal
development within a municipality; however, this development is located
several miles away from the City of Fort Lupton. 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 there are concerns about involving the New
Brantner Irrigation Canal in the development's drainage plan.
C. Section 27-6-120.D.5.d — There must be evidence PUD Zone District will
be serviced by an adequate water supply and sewage disposal system in
compliance with the Performance Standards in Article II of Chapter 27. The
Applicant has failed to demonstrate compliance with Sections 27-2-176, as
stated above. Although the Applicant presented evidence that the TCVMD
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. The Board finds that the
proposed development does not have the availability of a sewage disposal
system.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the parcel of land described above be, and hereby is, denied.
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4657302 Pages: 3 of 4
12/04/2020 01:09 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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2020-0298
PL2732
DENY CHANGE OF ZONE, PUDZ18-0006, FROM A TO PUD - ALF EQUINOX TODD CREEK
VILLAGE NORTH, LLC
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of October, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: do:Mo./O 4;
Weld County Clerk to the Board
ounty Attorney
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Date of signature: l l I l'3( a
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Mike Freeman, Chair
2020-0298
PL2732
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