HomeMy WebLinkAbout20230180.tiffMINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held virtually on
Thursday, November 10, 2022, at 10:00 a.m., via Microsoft Teams Meeting.
Members Present: Mike McRoberts, Michael Wailes, Jerry Adams, Mark Alessi, Robert Fleck, and Amy
Muchie.
Members Absent: Andrew Holder, Jeremy Young, Shelly Bergstrom.
Also Present: Chris Gathman, Department of Planning Services and Michelle Wall, Secretary.
CASE NUMBER: PUDF22-0004
APPLICANT: OLSON BROS LP AND SPRING MEADOWS DEVELOPMENT LLC
PLANNER: CHRIS GATHMAN
REQUEST: FINAL PLAN FOR 5 -LOT PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION FOR FOUR (4) RESIDENTIAL LOTS FOR (E)
ESTATE ZONED USES AND ONE (1) LOT FOR (A)
AGRICULTURAL ZONED USES.
LEGAL DESCRIPTION: LOT B RE -2746; PT NE4 SECTION 30, T4N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 15; EAST OF AND SOUTH
OF AND ADJACENT TO CR 42
Chris Gathman, Planning Services, stated that the applicant Olson Brothers, LP is applying for a 5 -lot
Planned Unit Development. The property is currently cropland and has an existing 4,000 square foot
outbuilding (to be located on proposed Lot 5). Planned Unit Developments are subject to the Utility
Easement requirements delineated in the Section 24-3-60 of the Weld County Code.
Staff read into record, Drainage and Utility Easement requirements per Chapter 24, Article III, are
outlined in 24-3-60 of the Weld County Code:
A. Fifteen (15) feet minimum drainage and utility easements are required adjacent to public
road rights -of -way, unless otherwise recommended by the Utilities Coordinating Advisory
Committee for technical purposes.
B. Twenty (20) feet minimum drainage and utility easements are required along internal lot lines and
shall be apportioned equally on abutting properties, unless otherwise justified by the Utilities
Coordinating Advisory Committee for technical purposes.
C. Ten (10) feet minimum drainage and utility easements are required along exterior lot lines, unless
otherwise justified by the Utilities Coordinating Advisory Committee for technical purposes. Corner
exterior lots requires fifteen (15) feet.
D. Easements shall be designed to provide efficient installation of utilities and drainage swales.
Proposed easements may be modified by the Utilities Coordinating Advisory Committee. Public utility
installations shall be located to permit multiple installations within the easements to avoid cross
connections, minimize trenching and adequately separate incompatible systems.
Staff said that after reviewing the Utility Plan/Final Plat, the utilities meet or exceed the minimums
delineated in Weld County Code except for the internal road right-of-way along Lots 1-3 which are
delineated with a 10 -foot drainage and utility easement. Staff recommended a 15 -foot drainage and utility
easement shall be delineated along all portions of proposed Lots 1-3 and Lot 5 that border the internal
road right-of-way that accesses onto County Road 15 as required per Section 24-3-60.A. of the Weld
County Code.
Kelsey Bruxvoort, Agprofessionals, said that when they put the plan together, they were interpretating
that Lots 1-3 were along a private roadway, therefore thought it was an exterior lot line with a 10 -foot
easement.
Roger Olson, property owner, stated that the only utility that would come in was Xcel Energy.
Ms. Bruxvoort said that the property will have septic and propane.
Mike McRoberts, Planning Department, stated that these are drainage and utility easements so the
easement will provide the opportunity to put in drainage swells or other conveyance elements if
necessary.
Amy Mutchie, Public Works, mentioned that the Town of Johnstown's referral stated that they have future
planning in this area and once their sewer system is in place there could be changes that require the full
easement.
Mr. McRoberts asked if the applicant if there would be a reason that they wouldn't be able to provide the
additional 5 feet of easement. Ms. Bruxvoort replied that it can be accommodated. She said it seems
overkill for electricity and drainage could be accommodated within the 60 -foot right-of-way.
Mark Alessi, United Power, stated that he would recommend the 10 -foot easement. He said he thinks
that would be enough space for electricity and future planning.
Mr. McRoberts asked the applicant if there was any type of a hardship or reason that would require a
request for a variance from following Weld County Code. Mr. Olson replied that there is not a hardship,
he just thinks it will be harder to maintain.
Robert Fleck, St. Vrain Sanitation, stated that Johnstown uses the right-of-way for sewer.
Motion: Approve the final plan for PUDF22-004 along with Staff's recommendation, Moved by Jerry Adams,
Seconded by Michael Wailes. Motion carried unanimously.
Meeting adjourned at 10:15 a.m.
Respectfully submitted,
Michelle Wall
Secretary
LITTLE THOMPSON WATER DISTRICT
Residential Domestic Water Agreement
This Agreement made this - day of - by and between
Land Owner, hereinafter referred to as Customer, and Little Thompson Water District, a statutory water district, herein after
referred to as the District, is upon the following terms and conditions, for the property and water tap shown below:
Tap No.
Customer No.
Tap Type
5/8" Standard
Olson Bros LP
Legal Owner of Property:
Street Address of Property:
City, State and Zip:
Allowable Annual Usage:
Olson Bros LP c/o Roger Olson
Not assigned, Lot 4, Spring Meadows PUD in PT NE4 30-4-67
- Johnstown
CO - 80534
228,000 Gallons equivalent to 0.7 acre-feet
WHEREAS the District is the owner of facilities for the purpose of furnishing domestic water to customers within the District;
WHEREAS the Customer is desirous of obtaining domestic water for the Property as more particularly provided for herein;
NOW THEREFORE, the parties hereto agree to the following:
1. This agreement shall be the binding contract between the Customer and the District.
2. Customer hereby agrees to pay the District such sum as may be prescribed from time to time by the Board of Directors as the water rate or
charge for such water service and to abide by the Rules and Regulations as now established or as may hereafter be established by the
District. Payments shall start when the District installs the tap and water Is available for delivery. A minimum payment, as prescribed from
time to time by the Board of Directors of the District, shall be due and payable regardless of water use.
3. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be
foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's lienpursuant to C.R.S §32-1-
1 001 (1) (j). The District shall shut off or discontinue service for account delinquencies or other violations of the District's Rules and
Regulations.
4. No water service may be obtained except upon property included within the boundaries of the District. Customer agrees to include the
property served within the District, if this has not been previously accomplished. Customer further agrees that he will not permit other persons
to use water furnished to him under this agreement.
5. District agrees to furnish water to Customer PROVIDED, that the District shall not be liable for loss to Customer for failure to deliver water
because of war, riot, insurrection, breaks in the water system, maintenance to the water system, or Acts of God. The District shall endeavor to
repair all breaks promptly on District lines.
6. Customer hereby acknowledges and agrees that no other person or entity shall be permitted to use water provided by the District through
the tap established under this Agreement except for the parties constituting the Customer and their successors in interest to the Property and
their respective lessees, licenses and permittee.
7. Customer understands and agrees that the District's responsibility for maintenance and repair of the District's lines and equipment extends
only as far as the water meter. Customer further understands and agrees that construction of the service line between the District's meter and
the Customer's residence or facilities, and any maintenance or repairs required in connection with such service line, is the Customer's sole
responsibility.
8. The meter location will be readily accessible to the District at all times. It is the Customer's responsibility to plan and maintain landscaping
so that trees or shrubs will not interfere with either maintenance or meter reading of the individual meter. In the event the Customer fails to
keep the meter accessible, the District has the right to enter upon land of the Customer in order to install, operate, locate, and maintain the
District's facilities and remove and/or trim all restrictions within a three foot radius of the meter pit and above the service line for which the
District has maintenance responsibilities.
Bill to if different from above:
Name
_ Olson Bros LP
Street Address
PO Box 86
City, State, Zip Johnstown, CO 80534
STATE OF COLORADO
)ss.
COUNTY OF
Acknowledged, subscribed and sworn to before me by:
this day of 20
My Commission expires:
SEAL
Land Owner's Signature(s):
Phone/E-mail (970) 381-3232
Notary Public
WATER SERVICE AGREEMENT
THIS WATER SERVICE AGREEMENT ("Agreement") is made and entered into this
day of , 2022 ("Effective Date"), by and between SPRING MEADOWS
DEVELOPMENT, LLC, a Colorado limited liability company ("Developer"), and THE TOWN
OF JOHNSTOWN, a Colorado home -rule municipal corporation ("Town"), collectively
sometimes referred to as the "Parties."
WITNESSETH:
WHEREAS, the Developer owns an interest in land in a portion of the Northeast Quarter
of Section 30, Township 4 North, Range 67 West of the 6th PM, Weld County, Colorado and more
specifically described in the attached Exhibit A ("Subject Property"); and
WHEREAS, the Subject Property will be subdivided through a Planned Unit Development
("PUD") process through the Weld County regulations; and
WHEREAS, by Weld County PUD Change of Zone Case No. Z-570, Weld County
approved PUD zoning with estate and agricultural uses, and the Z-570 plat was recorded on
October 16, 2002, at reception no. 2996633; and
WHEREAS, the PUD zoning is contingent upon recordation of a PUD Final Plan; and
WHEREAS, the Weld County Board of County Commissioners granted an extension of
time for Developer to submit a Site -Specific Development Plan and PUD Final Plan, with said
application to be submitted by Monday, November 14, 2022, at 9:00 a.m.; and
WHEREAS, the Subject Property consists of 5 lots. Two of the lots, Lots 4 and 5 (a 54.61 -
acre agricultural lot and a 6.42 -acre estate lot), are not subject to this Agreement and will be served
by the Little Thompson Water District. The 3 remaining lots, Lots 1, 2, and 3, ranging in size from
4.79 -acres to 5.87 -acres, are subject to this Agreement and shall be served by the Town. Each of
the 3 lots will contain 1 single family detached home with 0.27 -acres of residential irrigated
landscape, together known as known as The Spring Meadows PUD ("Project"); and
WHEREAS, the Project will not receive sewer service from the Town; and
WHEREAS, the Subject Property is in the Little Thompson Water District and annexation
of the Subject Property is not a condition of this Agreement; and
WHEREAS, the Town will be installing a 16 -inch waterline across the Subject Property.
A permanent easement and associated temporary easements are addressed in a separate
document(s); and
WHEREAS, the Developer and the Town desire to set forth their agreement concerning
water rights dedication, preliminary projections of water demand and a current commitment by the
Town for water service for the Project.
NOW, THEREFORE, in consideration of the mutual promises hereinafter contained and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1. Water Demand Studies In compliance with the Town Water Rights Dedication
Ordinance ("Ordinance"), Developer has submitted to the Town a preliminary water demand
analysis for the Project. Said analysis was received by the Town and, as amended, is on file with
the Town and, as modified by the Town's Water Engineer by memorandum dated April 11, 2022,
is hereby accepted by the Town. The analysis sets forth the projected water demands for the
Project as follows:
Development Component
1
Demand
(AF/YR)
Consumption
(AF/YR)
In -Building
0.99
0.05
Residential Irrigation
2.01
1.70
Return Flow: In-Buildin:
0.94
0.0
_
Total
3.94
1.75
The annual in -building water demand is estimated at 0.99 acre-feet using a demand rate of 0.33
acre-feet/building. The annual irrigation water demand is estimated at 2.01 acre-feet using a
demand rate of 2.5 acre-feet/acre. Because there will be no return flows from the in -building use,
there will be no return flows to the stream through the Town's water treatment facility and
Developer must dedicate sufficient water to the Town to replicate those return flows. Accordingly,
Developer is required to dedicate 0.94 acre-feet due to the lack of return flows, constituting 95%
of the in -building water demand.
2. Water Rights Dedication.
a. Dedication. Within 30 days of the Effective Date of this Agreement, Developer
shall dedicate to the Town 6.4 acre-feet of raw water credit, represented by 1
unadjudicated share of the Consolidated Home Supply Ditch & Reservoir
Company, Certificate No. 7048. If such dedication is not provided by Developer
within 30 days of the Effective Date, this Agreement will be deemed void without
the need of further action by the Town.
b. Surplus dedication credit. The dedication of the 1 share of the Consolidated
Home Supply Ditch & Reservoir Company described in Paragraph 2.a, above, will
provide to Developer raw water credits in excess of the water demand projected for
the Project. As a result of said dedication, Developer will have a surplus dedication
credit with the Town of 2.46 acre-feet. The credit is calculated as follows:
Dedication Credit: 6.4 acre-feet
LESS Estimated demand: 3.94 acre-feet
Net current surplus credit: 2.46 acre-feet
2
3. Commitment to serve. Subject to Developer's performance of all the covenants
contained herein and payment of all required fees, the Town commits to provide to the Project up
to 3 acre-feet per year as a permanent water supply for in -building residential use and residential
irrigation.
4. Future review of water usage and dedication requirements. In accordance with
the Ordinance, the Town reserves the right to review actual water usage within the Project at a
point in time after water usage has been established to confirm the adequacy of the water demand
projections made by the Developer and to require additional water rights dedication and/or cash -
in -lieu payments based on actual water usage.
5. Payment of Water Court Transfer fees. At the time Developer dedicates the
water rights and shares as required in Paragraph 2.a., above, Developer will pay to the Town the
sum of One Thousand Eight Hundred dollars ($1,800.00) as payment of the water court transfer
fees required by the Ordinance. This payment is for the dedication of 3 acre-feet per year of
estimated water demand (6 SFE) for the Project. This water court transfer fee applies only to the
3 acre-feet of water demand and not to any excess water credits described by Paragraph 2.b., above.
Pursuant to Paragraph 4, above, if future review requires additional dedication of water, additional
water court transfer fees will be required at the time of dedication.
6. Notices. All notices, demands, or other documents required or desired to be given,
made or sent to either Party under this Agreement shall be made in writing, shall be deemed
effective upon receipt, and shall be personally delivered, mailed postage prepaid, certified mail,
return receipt requested, or sent by electronic mail on the condition that the recipient acknowledges
receipt thereof, as follows:
TO DEVELOPER:
Spring Meadows Development, LLC
Attention: Roger E. Olson
PO Box 86
Johnstown, CO 80534
Email:
TO THE TOWN:
Town of Johnstown
c/o Town Clerk
450 S. Parish Ave.
Johnstown, CO 80534
dseele@townofjohnstown.com
WITH A COPY TO
THE TOWN ATTORNEYS:
Avi Rocklin, Esq.
Johnstown Town Attorney
1437 N. Denver Avenue, #330
Loveland, CO 80538
avi@rocklinlaw.com
Peter J. Ampe
Hill & Robbins, P.C.
3
1660 Lincoln St., Suite 2720
Denver, CO 80264
peterampe@hillandrobbins.com
The addresses for notices may be changed by written notice given to the other Party in the manner
provided above.
7. Default. In the event of default by either Party hereunder, the non -defaulting Party
shall notify the defaulting Party in writing of such default(s), specifying the nature and extent
thereof. If such default is not cured within thirty (30) days and the non -defaulting Party desires to
seek recourse, the Parties shall participate in mediation, the costs of which shall be shared equally
by both Parties. If mediation is not successful after a ninety -day period, either Party may then
commence a legal action, and shall be entitled to such remedies as are provided by law, including
the Town's ordinances.
8. Successors and assigns. The benefits and burdens of this Agreement shall
respectively inure to and be binding upon the successors and assigns of the Parties hereto. This
Agreement shall not be assigned without the prior written consent of the other party, which shall
not be unreasonably withheld.
9. Amendment or modification. No amendment or modification of this Agreement
shall be of any force or effect unless in writing and executed by the Parties hereto with the same
formality as this Agreement.
10. Attorney's fees and costs. If any judicial proceedings may hereafter be brought
by the Town to enforce any of the provisions hereof, including an action for specific performance
and/or damages, against the Developer, the Town, if the prevailing party, shall be entitled to
recover the costs of such proceedings, including reasonable attorney's fees and reasonable expert
witness fees.
11. Waiver. The waiver of any breach of any of the provisions of this Agreement by
either Party shall not constitute a continuing waiver of any subsequent breach by said Party,
concerning either the same or any other provision of this Agreement.
12. Headings for convenience only. Paragraph headings and titles contained herein
are intended for convenience and reference only and are not intended to define, limit, or describe
the scope or intent of any provision of this Agreement.
13. Non severability. Each paragraph of this Agreement is intertwined with the others
and is not severable unless by mutual consent of the Parties hereto.
14. Choice of Law and Venue. This Agreement and the rights and obligations of the
Parties hereto shall be governed by the laws of the State of Colorado. Venue for any claim,
proceeding or action shall be in Weld County, State of Colorado.
15. Entire agreement and Authorization. This Agreement constitutes the entire
agreement between the Parties related to the subject matter hereof and any prior agreements
4
pertaining thereto whether oral or written have been merged or integrated into this Agreement.
Each of the undersigned represents to the others that he/she is authorized by his/her respective
entity to execute this Agreement on behalf of that entity.
16. No Presumption. Each Party acknowledges that it has carefully read and reviewed
the terms of this Agreement. Each Party acknowledges that the entry into and execution of this
Agreement is of its own free and voluntary act and deed, without compulsion. Each Party
acknowledges that it has obtained, or has had the opportunity to obtain, the advice of legal counsel
of its own choosing in connection with the negotiation and execution of this Agreement and with
respect to all matters set forth herein. The Parties agree that this Agreement reflects the joint
drafting efforts of all Parties and in the event of any dispute, disagreement or controversy arising
from this agreement, the Parties shall be considered joint authors and no provision shall be
interpreted against any Party because of authorship.
18. Recordation. This Agreement may be recorded by the Town at Developer's
expense in the office of the Clerk and Recorder of Weld County, Colorado, and, effective as of the
date of such recordation, this Agreement shall run with the Subject Property, shall be binding upon
the Parties hereto and the permitted successors and assigns of the Developer and shall constitute
notice of this Agreement to all persons or entities not parties hereto.
*IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year
first above written.
Signatures follow
5
Spring Meadows Development, LLC
By: Roger E. Olson
Title:
STATE OF COLORADO )
) ss
COUNTY OF )
SUBSCRIBED AND SWORN to before me this day of , 2022 by Roger E.
Olson as _ for Spring Meadows Development, LLC
Witness my hand and official seal.
Notary Public
Address
Telephone
My Commission Expires:
TOWN OF JOHNSTOWN, COLORADO,
a municipal corporation
By:
Gary Lebsack, Mayor
ATTEST:
By:
Diana Seele, Town Clerk
6
EXHIBIT A
LEGAL DESCRIPTION
7
Hannah Dutrow
From:
Sent:
To:
Cc:
Subject:
Attachments:
Kelsey Bruxvoort
Monday, May 2, 2022 1:57 PM
Chris Gathman
Tim Naylor; Roger Olson
RE: Spring Meadows PUDK21-0002 Draft Water Service Agreements - Evidence of
Water for Lot 5
LTWD October Bill - 6940 CR 42.pdf
Thank you Chris,
There is an existing LTWD tap on proposed Lot 5, see attached water bill.
Regards,
Kelsey Bruxvoort
Land Planner
AGPROfessionals
3050 67th Avenue
Greeley, CO 80634
Office: 970-535-9318
Mobile: 970-744-0068
Fax: 970-535-9854
www.agpros.com
AGPROfessjonals
■■ DEVELOPERS OF AGRICULTURE
2019
.16 ATwaras
IOrEthies
Winner
From: Chris Gathman <cgathman@weldgov.com>
Sent: Sunday, May 1, 2022 11:12 AM
To: Kelsey Bruxvoort <Kbruxvoort@agpros.com>
Cc: Tim Naylor <tnaylor@agpros.com>; Roger Olson <Roger@ReoDeo.net>
Subject: RE: Spring Meadows PUDK21-0002 - Draft Water Service Agreements - Evidence of Water for Lot 5
Dear Kelsey,
The Attorney's Office has reviewed these agreements and have determined that these are adequate (for Lots 1-4). That
being said — we need evidence of water for Lot 5. In going back through our records for this property we can find no
evidence that Little Thompson Water has an existing service on Lot 5 or evidence that it will be providing water to Lot 5.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1
calhindri @?welclgpv.com
970-400-3537
From: Kelsey Bruxvoort <KbE.uxvuorl ivpal;pi os.c:uln>
Sent: Monday, April 18, 2022 2:41 PM
To: Chris Gathman <q' lnian@wt:lilgov.l:orn>
Cc: Tim Naylor <tnnylc_r 7agpros.corn>; Roger Olson <Roger(7a ReoDeo.net>
Subject: Spring Meadows PUDK21-0002 - Draft Water Service Agreements
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Chris,
Please find attached for the Weld County Attorney's review the draft water service agreements from the Little
Thompson Water District and the Town of Johnstown for the Olson Bros LP, Spring Meadows PUDK21-0002.
Please confirm whether the water supply is adequate for submittal of a PUD Final Plat application.
Thank you,
Kelsey Bruxvoort
Land Planner
AGPROfessionals
3050 67th Avenue
Greeley, CO 80634
Office: 970-535-9318
Mobile: 970-744-0068
Fax: 970-535-9854
www.agpros.com
AGPROfessionals
■■ DEVELOPERS OF AGRICULTURE
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Winner
2
Bill Print Date: 09/20/2021
SERVICE ADDRESS
Little Thompson Water District
835 E Highway 56, Berthoud, CO 80513
(970) 532-2096 www.ltwd.org
Office Hours: M -F 7am - 5pm
Customer Name: OLSON BROS LP
ACCOUNT NUMBER
584101
6940 WCR 42
AMOUNT DUE
-91.47
INSTRUCTIONS FOR ONLINE ACCOUNT ACCESS AND PAYMENT OPTIONS ARE ON THE BACK OF THE BILL
p. urrront -
ReadDate Reacting I
08/11/21 55 L09/15/21
Water Usage Billing Detail
Usage Calculation:
Level 1: 26 .00255 = $.07
Usage Calculation Total: $0.07
THOUSAND GALLONS USED
0
81
Sep Nov Jan Mar May Jul Sep
Water Usage YTD 83
Balance Forward
Payment - Thank youl
Adjustments
Water Base
Water Usage
Total Current Charges
Message: Please visit our website at LTWD.org to learn how to monitor your water use and set leak
alerts with new smart meter technology.
Same Pa1lcd
Year'Ago
AVoi1NT- _
120- 31
0.00
0.00
28.77
07
28.84
'PAY;THIS AMOUNT
-91.47
PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT
Please write your account number in the memo line of your check
Service Address.
6940 WCR 42
Little Thompson Water District
835 E Highway 56, Berthoud, CO 80513
ADDR-S Bt
LTW0920A 338 1 AV 0.426
7000000344 00.0001.0338 338/1
IIIlllrlrrhl(lullrrulllhllhlirdlhlhrnhllrlrlrlrlu1Ird
OLSON BROS LP
PO BOX 86
JOHNSTOWN CO 80534-0086
❑ Change of address?
LT -1007-12
Due Date Amount Due
10/15/21 -91.47
0005841010-0000091471
REI ITT0 .
u11rIIIIIIIlrrrrlllllllrrlIiIIIIlrlllllrlrrlliIIIIl.IIIIIIlIIlII
LITTLE THOMPSON WATER DISTRICT
835 E STATE HIGHWAY 56
BERTHOUD, CO 80513-9237
Phone: _
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