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Wellington Board of Trustees 6/13/2023

Meeting Summary by Nanci Wendland

Wellington has a new Town Community & Business Liaison, Caitlin Morris. She introduced herself to the board members and let them know she’s excited to get started working with the Wellington Main Street business group. Approximately twenty (20) residents attended for Public Comments regarding Ordinance 06-2023, an ordinance to amend the original Town of Wellington Marijuana Ordinance, which was voted in by residents November of 2021 by one (1) vote.

Members from D.R. Horton, developer, and Sage Homes builder introduced their new development on the southeast side of Wellington, and how plans were changed to accommodate the water issues. Bob Gowing, Public Works Director, presented an update on three dams north of Wellington that have been reclassified High Hazard and need to either be improved or removed. Bob offered the board mitigation recommendations and cost.

Meeting Notes by Nanci Wendland

Action Items:

Amending the Marijuana ordinance was presented by Dan Sapienza, Town Attorney, and Cody Bird, Planning Director. They gave the board three (3) options for amending the verbiage of the original ordinance passed by voters in November of 2021 by one (1) vote (see page 21 and 22 of the attached packet for more details).

Option A:

  1. No setback changes.

  2. Clarifies that Home Day Cares are included under definition of Schools.

  3. Under Option A, there are no locations available where additional marijuana businesses could get a license due to zoning & setback requirements.

Option B:

  1. Increases setbacks for homes and other licensed stores.

  2. Decreases School setbacks from 2,000 to 1,500 feet.

  3. Removes Home Day Care facilities from definition of Schools for licensing.

  4. Opens 2-3 additional sites around town for marijuana businesses.

Option C:

  1. Leaves School setback same as Option A at 2,000 feet

  2. Removes Home Day Care facilities under definition of Schools.

  3. Opens at least one (1) available option for a marijuana store.

Public Comments:

There were approximately eleven (11) residents that spoke at the meeting. Below are some of their concerns. For more detail see attached agenda and minutes.

1. One of the proposed sites is too close to residential neighborhood and home day care.

2. Teenagers are currently using the lot for hanging out. Marijuana brings crime and increased traffic putting these teenagers at more risk.

3. A couple of residents favored Option B. The proposed location (request for licensing) would face the highway off the frontage road along I25. There is no day care, or home day care facilities near the site.

4.One woman replayed the original discussion form 2021 and asked the board to keep their word; or consider putting a store up north with heavy industrial businesses.

Board Comments:

Trustee Gaiter made a motion to Amend Option B to use a 2,000 setback instead.

All board members agreed that home day care facilities should not be classified with Schools. If you have a day care facility in a residential home, it would be better to keep the residential zoning code. Most favored either amending Option B to keep home day care under residential and keep the setback at 2,000 feet.


Yes – 5;No – 2 (Tietz and Daily)

Work Session:

#1- Discuss updates to the Saddleback Subdivision and Development Agreement:

Cody Bird, Planning Director, Jen Simmons with Sage Homes, and Tom Dugan with D.R. Horton presented their changes for the subdivision.

This subdivision on the southeast side of I25 was approved in 2018. However, when discussing the detailed plans, it was realized that this subdivision had no non-potable water for outdoor watering use. They would have to use treated town water even for outdoor use, and this subdivision was to offer larger lots than in-town. This is a problem for the town of Wellington whose water rates jumped up to 3 times the normal rate due to incapacity to accommodate the increased growth and use of water and wastewater.

A new water treatment/wastewater plant is in the process but won’t be completed until late 2025.

  1. The original plans, which included large-sized lots, were denied, and returned to D.R. Horton for revision on water usage.

  2. D.R. Horton and Sage Homes have agreed to:

  3. Reduce lot sizes.

  4. Have more open spaces with natural grasses that once established shouldn’t require a lot of water.

  5. Strict Covenants regarding water usage.

  6. The builder has agreed to provide front and side landscaping to each home to reduce a homeowner’s costs.

The board had questions, but the questions were too detailed at this time and will be brought up again at a July meeting. This was a discussion period only to present options for the new subdivision.

#2- B-Dams Presentation and Discussion:

B-Dams (Boxelder Basin has several dams that protect Wellington, Timnath, Fort Collins, and Larimer County. The town of Wellington would be the first to completely flood should there be a breach in any of the dams.

These dams were constructed in the 1970’s and 1980’s. Three (3) of the dams have been reclassified as HIGH HAZARD and need to either be improved or removed. Removal is not an option. The initial cost to repair was $25-30 million.

Public Works and Finance Directors from all four (4) communities hired a consulting firm to reevaluate the dams, provide some design criteria and cost sharing mitigation measures. Flood mitigation costs have been lowered substantially based on a shared agreement between the four communities. A trust fund would be created for each community based on their risk factor.

Wellington’s risk factor is the highest and mitigation would require $487,000 each year over the next 5 years. In addition, there would be a yearly maintenance cost projection of $12,000-$13,000 per year. This was incredibly good news, and all board members were in support of this new plan. A cost summary is on pages 99-100 of the agenda.

"I want to make sure that we're protected because we're expending 30 percent of the costs on everything didn't agree more" - Trustee Jon Gaiter

Everyone thanked Bob Gowing for his excellent work on this major project. Bob will keep the board updated.

Meeting adjourned at 9:20PM

Observers Follow-up Questions:

  1. Will there be a Metro District tax for homeowners in the new subdivision, Saddleback?

  2. Will the new planned dam north of Hwy 287 cause any issues with the Boxelder Basin?

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by Nanci Wendland For more information (including members in attendance) see the full notes document here.* View the meeting agenda and packet. A video recording of the meeting is available here. From


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