HomeMy WebLinkAbout20151227.tiff HEARING CERTIFICATION
DOCKET NO. 2015-43
RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF14-0009, AMENDMENT TO FIRST FILING,
PF 1078 - REPLAT OF LOTS 1-32, BLOCK 7; LOTS 1-11, BLOCK 8; LOTS 1-14
BLOCK 9; LOTS 10-17, BLOCK 10; LOTS 1-7, BLOCK 14 AND TRACT H, 243 LOTS
WITH R-1 (LOW DENSITY RESIDENTIAL); C-1 (NEIGHBORHOOD COMMERCIAL); C-
2 (GENERAL COMMERCIAL) ZONE USES AND THE VACATION OF LAKE
CATAMOUNT PARKWAY BETWEEN COUNTY ROAD 9.5 AND EAGLE RIVER ROAD;
THE VACATION OF PLATTE RIVER DRIVE BETWEEN ELK RIVER ROAD AND LAKE
CATAMOUNT DRIVE; GRAND LAKE DRIVE BETWEEN ELK RIVER ROAD AND
LAKE CATAMOUNT DRIVE; MAGGIE COURT BETWEEN EMERALD LAKE DRIVE
AND EMERALD LAKE DRIVE; SAMANTHA PLACE BETWEEN WILLOW CREEK RUN
AND WILLOW CREEK RUN; WILLOW CREEK RUN BETWEEN EMERALD LAKE
DRIVE AND WILLOW CREEK RUN; EMERALD LAKE DRIVE BETWEEN YAMPA
RIVER ROAD AND WILLOW CREEK RUN; WANEKA LAKE COURT BETWEEN
PIEDRA RIVER ROAD AND PIEDRA RIVER ROAD; CLEAR CREEK DRIVE
BETWEEN LAKE CATAMOUNT PARKWAY AND PIEDRA RIVER ROAD; PIEDRA
RIVER ROAD BETWEEN CLEAR CREEK DRIVE AND EAGLE RIVER ROAD;
ESCALANTE CREEK COURT BETWEEN MERIDIAN LAKE DRIVE AND MERIDIAN
LAKE DRIVE; MERIDIAN LAKE DRIVE BETWEEN ESCALANTE CREEK COURT AND
YAMPA RIVER ROAD; SQUIRREL CREEK COURT BETWEEN YAMPA RIVER ROAD
AND YAMPA RIVER ROAD; YAMPA RIVER ROAD BETWEEN EAGLE RIVER ROAD
AND EAGLE RIVER ROAD; FISH CREEK WAY BETWEEN CANADIAN RIVER ROAD
AND YAMPA RIVER ROAD; CANADIAN RIVER ROAD BETWEEN EAGLE RIVER
ROAD AND YAMPA RIVER ROAD; CASTLE CREEK WAY BETWEEN EAGLE RIVER
ROAD AND YAMPA RIVER ROAD; TRINCHERA CREEK ROAD BETWEEN
BAYSHORE DRIVE AND BAYSHORE DRIVE; MIRAMONTE LAKE CIRCLE BETWEEN
BAYSHORE DRIVE AND BAYSHORE DRIVE; BAYSHORE DRIVE BETWEEN EAGLE
RIVER ROAD AND YAMPA RIVER ROAD; BAYSHORE DRIVE BETWEEN COUNTY
ROAD 9.5 AND EAGLE RIVER ROAD; CIMARRON RIVER ROAD BETWEEN
FOUNTAIN CREEK DRIVE AND COLORADO RIVER ROAD; FOUNTAIN CREEK
DRIVE BETWEEN COLORADO RIVER ROAD AND CIMARRON RIVER ROAD;
COLORADO RIVER ROAD BETWEEN FOUNTAIN CREEK DRIVE AND CIMARRON
RIVER ROAD; ELK RIVER ROAD BETWEEN ST. VRAIN RIVER ROAD AND
CIMARRON RIVER ROAD; ST VRAIN RIVER ROAD BETWEEN ELK RIVER ROAD
AND CIMARRON RIVER ROAD; AND LAKE CATAMOUNT PARKWAY BETWEEN
EAGLE RIVER ROAD AND YAMPA RIVER ROAD; AND CONTINUING OIL AND GAS
PRODUCTION USES ALONG WITH APPROXIMATELY 213.1 ACRES OF OPEN
SPACE CONSISTING OF A RIVER CORRIDOR, PRIVATE RECREATIONAL LAKES
AND COMMUNITY PARKS IN THE I-25 REGIONAL URBANIZATION AREA OVERLAY
DISTRICT - BAREFOOT LAKES PUD - BAREFOOT LAKES, LLC, CIO BROOKFIELD
RESIDENTIAL PROPERTIES
A public hearing was conducted on May 6, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
C C CC1;a.;PW'µL 5/P-I 2015-1227
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HEARING CERTIFICATION - BAREFOOT LAKES, LLC, C/O BROOKFIELD RESIDENTIAL
PROPERTIES (PUF14-0009)
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Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Public Works representative, Janet Lundquist
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 15, 2015, and duly published
April 20, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request
of Barefoot Lakes, LLC, do Brookfield Residential Properties, for a Site Specific Development
Plan and Planned Unit Development Final Plan, PUDF14-0009, for Amendment to First Filing,
PF 1078 - Replat of Lots 1-32, Block 7; Lots 1-11, Block 8; Lots 1-14 Block 9; Lots 10-17,
Block 10; Lots 1-7, Block 14 and Tract H, 243 Lots with R-1 (Low Density Residential); C-1
(Neighborhood Commercial); C-2 (General Commercial) Zone Uses and the Vacation of various
rights-of-way described in the title above; and continuing Oil and Gas Production Uses along
with approximately 213.1 acres of open space consisting of a river corridor, private recreational
lakes and community parks in the 1-25 Regional Urbanization Area Overlay District - Barefoot
Lakes PUD. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and stated Brookfield Residential Properties, LP, has applied for a permanent development final
plan and amendment to the First Filing indicating their intent to develop 293 single family
residential lots with three (3) lots reserved for future development. This amended plan will result
in a net increase of 46 single family units and a reduction of 192 town home units, along with
continued oil and gas production uses, and approximately 212 acres of open space. It is within
the 1-25 Regional Urbanization Area. Mr. Ogle detailed the location and described the
surrounding property uses, along with the history of the final plans recorded in 2006, and stated
the new final plan is consistent with the prior plan as the land uses are remaining the same. The
Utility Board hearing for the amendment was March 25, 2015, and the recommendations are
included as Conditions of Approval. He conveyed the property is located within the three (3)
mile referral areas of the City of Longmont, and the Towns of Mead, Firestone and Frederick;
furthermore, the City of Longmont responded with no conflicts of interest; and, the Towns of
Mead, Firestone and Frederick did not respond to the referral request. Mr. Ogle referred to the
portion of the development area that has been annexed by the Town of Mead, and listed off the
service agencies to include various special districts and certain Weld County jurisdiction
responsibilities. Staff sent out 27 referrals and ten (10) responded favorably or with
recommendations that have been included in the Conditions of Approval. He stated there have
been no letters, calls or electronic mail received in objection of the development. Mr. Ogle
displayed images of the site location, adjacent properties, and reclamation efforts in the area,
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and surrounding views to include the accesses into the property and entered the favorable
recommendation of the Planning Commission into the record, as written. In response to
Commissioner Cozad, Mr. Ogle clarified the portion of County Road 28 that has been annexed
and explained the late receipt of the referral from Firestone addressing the future annexation of
the development.
Eri Jennifer Petrik, Planning Services Engineer representative, stated CR 9.5 is an arterial
roadway and is owned and maintained by Weld County and CR 28 is owned and maintained by
the Town of Mead. She gave the traffic counts for CR 9.5 and stated that the internal roadways
of the subdivision will be maintained by the Homeowner's Association and has the public
right-of-way with 60 feet required. She conveyed that the traffic study from 2005 has been
reviewed and is still valid with a letter from the engineer and she gave the approved access
permit information as related to CR 9.5, AP#14-00506. Ms. Petrik stated the accesses for CR 28
are under the jurisdiction of the Town of Mead. She clarified they will be doing an Improvements
Agreement regarding CR 9.5 because the stipulations will be triggered with further
development. This site is not in a geologic hazard area; however, it is in the floodplain and the
applicant has agreed to retain a floodplain hazard permit as required. In response to Chair
Kirkmeyer, Ms. Petrik clarified the improvements for the record. She reviewed the drainage
report, stated the site is currently not in a MS4 area and that Weld County is not responsible for
the maintenance of on-site drainage related features, reviewed the final road plans, and
communicated the other relevant Development Standards (DS). In response to Commissioner
Cozad, Ms. Petrik clarified CA #2.N, and Mr. Ogle explained the portions of CR 9.5 that are
annexed by Mead, and indicated the floodplain area along the lake on-site. Mr. Ogle, in
response to Chair Kirkmeyer, stated the west half of CR 9.5 has been annexed to Mead from
Highway (HWY) 66 to CR 28; and verified there are six (6) access points into the proposed
development off of CR 9.5 that belong to the County. In response to Commissioner Moreno,
Janet Lundquist, Department of Public Works, clarified the reasoning behind the differing
average daily traffic counts and also explained the reasons for performing the counts may
transpire from a noticeable growth in traffic, a request, or per seasonal adjustments.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, and clarified that since this development remains within the same special
district services to include Little Thompson Water and St. Vrain Sanitation, staff did not add any
new notes to the amendment.
IR Marc Savela, Brookfield Residential Properties, represented the applicant, and started by
addressing the question of Commissioner Cozad regarding the potential annexation within the
Town of Firestone stating the goal with potential development is to finalize the amended plat
and continue the annexation process. He stated the applicant's land use attorney is present and
began by presenting the project history from 2006 to the present to begin with a Change of
Zone, filing the first final plat in 2007, progressing to over lot grading and sanitary sewer, and in
2008 the project was put on hold because of the economy, hence the name change and change
of ownership which led to the amendment to the first filing, and in 2009, initial development.
Later, the agreement was amended in 2013 for the entire property to include existing conditions
and utilities, oil and gas production operations, sanitary sewer, water line, and road
improvements. Mr. Savela explained as part of the initial development, they partnered with the
County to construct a portion of CR 9.5, which he indicated on the map. He displayed a
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PowerPoint presentation to include maps and descriptions of the various lots available, changes
reflected in the current proposal to include future development, road revisions and right-of-ways,
comparisons of lot configuration, product types, builders, open space, landscaping strategies,
drainage way, lakes amenity, and regional park space, neighborhood parks within the filing. He
stated the intent is to have an open approach, and work with oil and gas companies to screen
operations from residential. Lastly, Mr. Savela highlighted the planned community amenities to
include an island, amphitheatre, notable entrance, monuments, signage, usable monuments
with activity, walkways, and surrounding views.
VI In response to Commissioner Cozad, Mr. Savela stated the maintenance of internal roads
falls to the Metro District and further maintenance of landscaping, open tracts, and
improvements as well; while perimeter roads are under the County's jurisdiction. Mr. Savela
also explained the reason for vacating the lots that are already platted and a change in the
configuration of the development because of market conditions which brought about a market
analysis regarding number of units and access locations with traffic projections for each.
ta Chair Kirkmeyer stated she was on the Board in 1999 that denied the original plan, and
asked the applicant to review the original zoning and clarify the total number of units. Mr. Savela
communicated the total allowable number of residential units being 5,131 spread over
1300 acres, and mentioned the other approved uses to include 700,000 square feet of mixed
use and commercial, three (3) school sites, 300 acres of open space, and two (2) fire stations,
which are the major allowable uses for the acreage. He clarified the unit numbers for what is
currently platted with this change and with the acreage being vacated, and stated when all the
phases are completed the total number of units of all types cannot exceed 5,131. He further
conveyed that in this phase, there is a space reserved for a fire station at the corner of Eagle
River Road and CR 28, which can be revised, and there is discussion with the school district
regarding a possible site for an elementary school but there is not one currently platted. In
response to Chair Kirkmeyer, Mr. Savela said there are four districts across the development
that will be managed as one. They are primarily to maintenance landscape and recreational
amenities, and road and storm sewer. The districts would go with the annexation into Firestone
and the mill levy is currently set at 50 mills for each portion of property. Mr. Savela fielded
questions related to future triggers and road maintenance agreements in relation to CR 9.5 and
CR 28 and accountability if they should annex into Mead. In response to Chair Kirkmeyer, Mr.
Ogle clarified that approval is only for the first filing and the Board would have the opportunity to
look at the total number of units with each subsequent filing and in relation to the vacation.
el Chair Kirkmeyer asked if there will be a contractual agreement with Mountain View Fire
District or if they will try to annex into the Frederick-Firestone Fire District as well. Mr. Savela
said they were in the midst of ongoing discussions to which Chair Kirkmeyer stated the conflict
between the two towns and the two fire districts is a direct result of this proposal. Mr. Savela
stated currently they are in the bounds of the Mountain View Fire Protection District. In response
to Commissioner Moreno, he explained how the development will be phased to include four (4)
major development phases, from the south upward, which will very likely take another
10-15 years build out.
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• Mark Lawley, Fire Chief, Mountain View Fire District, explained the history of the conflict
and having been involved with law suits with the Town of Firestone. He further stated they have
been working with Barefoot Lakes for two (2) years trying to secure a station location and the
preference is to work with them and be their fire station provider; however, should the
development annex into Firestone they are willing to pass that responsibility to them without any
legal problems. In response to Commissioner Conway, the site is acceptable and they are
prepared to build a fire station and continue to provide fire protection. He further explained the
Town of Firestone, as a part of the annexation agreement, tries to require the applicant to
exclude services from Mountain View and incorporate services from the Town. This argument
over service to the area is the reason for the lawsuits being filed against Mountain View by the
Town of Firestone. Attorneys representing Mountain View believe it is not a requirement to
exclude a certain service and the development can elect whoever they want for their special
districts and it is Mountain View's intent to provide service and build a fire station there.
O In response to Chair Kirkmeyer, Mr. Savela had no closing comments.
▪ The Board made several changes. Commissioner Cozad recommended moving Condition
of Approval (COA) #1.H to become the new #5.J making this condition specific to after the
release of building permits. Regarding #1.J, Chair Kirkmeyer suggested adding the words, "as
long as those changes are for new language." She further suggested adding the wording to
#1.N, to reflect the applicant "attempted to meet the obligation of the St. Vrain Valley School
District." The applicant asked that the words, "and mineral rights" be stricken from #1.Q, and
the Board agreed. Regarding COA #1.U.14, Chair Kirkmeyer suggested clarification to reflect
maintenance by the public Metro District to be shown on the plat. Change COA #2.D to strike,
"or structures proviiding habitable space." Change COA #2.H completely, to read, "The lake
water may not meet all water quality standards for natural swimming areas as defined by the
CDPHE."They further recommended deleting COA #2.U, #2.V, and #2.W, #2.DD, #2.11 through
#2.OO, and change #2.PP and #2.QQ to become the new #3 and #4, and renumber
accordingly; on newly numbered COA #7.A, change the word "supply" to "install", and lastly,
delete #7.D through #7.G, and #7.1.
O In response to Chair Kirkmeyer, Mr. Savala, on behalf of Barefoot Lakes, LLC, c/o
Brookfield Residential Properties, indicated he has reviewed, and agrees to abide by, the
Conditions of Approval, as amended.
CI Commissioner Cozad moved to approve the request of Barefoot Lakes, LLC, do
Brookfield Residential Properties for a Site Specific Development Plan and Planned Unit
Development Final Plan, PUDF14-0009, for Amendment to First Filing, PF 1078 - Replat of Lots
1-32, Block 7; Lots 1-11, Block 8; Lots 1-14 Block 9; Lots 10-17, Block 10; Lots 1-7, Block 14
and Tract H, 243 Lots with R-1 (Low Density Residential); C-1 (Neighborhood Commercial); C-2
(General Commercial) Zone Uses and the Vacation of various rights-of-way as detailed in the
title above; and continuing Oil and Gas Production Uses along with approximately 213.1 acres
of open space consisting of a river corridor, private recreational lakes and community parks in
the 1-25 Regional Urbanization Area Overlay District - Barefoot Lakes PUD, based on the
recommendations of Planning staff, with the Conditions of Approval, as amended and entered
into the record. The motion was seconded by Commissioner Conway. Commissioner Cozad
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PROPERTIES - (PUF14-0009)
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commented regarding the history of the development and stated the applicant has done a very
good job on the application, wished the applicant success, and suggested they continue to
address the problems with municipalities. Chair Kirkmeyer stated she believes urban
developments should move into the municipalities, and futher conveyed the reality that this
development has caused issues between two municipalities and caused unneccesary public
expenditures, and she recommended all parties work together and get the issues worked out as
soon as possible. The motion carried unanimously.
There being no further discussion, the hearing was completed at 12:19 a.m.
This Certification was approved on the 11th day of May, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: t� .,�((e��� � �C (1 —n �rr1,c'_!h-t 7A--
'f' ""v 'oe Barbara Kirkmeyer, Chair /
Weld County Clerk to the Board
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Sean P. Conway
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