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HomeMy WebLinkAbout20230182.tiffHEARING CERTIFICATION DOCKET NO. 2023-03 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF22-0004, FOR FOUR (4) RESIDENTIAL LOTS FOR E (ESTATE) ZONED USES AND ONE (1) LOT FOR A (AGRICULTURAL) ZONED USES - OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC, C/O ROGER OLSON A public hearing was conducted on March 8, 2023, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Karin McDougal Department of Planning Services representative, Chris Gathman Department of Public Health and Environment representative, Lauren Light The following business was transacted: = I hereby certify that pursuant to a notice dated December 28, 2022, and duly published December 30, 2022, in the Greeley Tribune, a public hearing was scheduled for January 18, 2023, and rescheduled for February 22, 2023, due to inclement weather and closure of County Offices. On February 22, 2023, County Offices were again closed due to inclement weather and the hearing was rescheduled. On March 8, 2023, a hearing was conducted to consider the request of to consider the request of Olson Bros, LP, and Spring Meadows Development, LLC, c/o Roger Olson, for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF22-0004, for four (4) residential lots for E (Estate) Zoned Uses and one (1) lot for A (Agricultural) Zoned Uses. Karin McDougal, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, indicated 19 referrals were sent out and 11 were received. He stated the subject site is an agricultural property, one-half (1/2) mile from the Town of Johnstown and is adjacent to County Roads 42 and 15. He described the lot sizes in the PUD and provided the history of the property, dating back to 2002, and noted it was originally for 8 residential lots, 12 acres of open space and a 54 -acre outlot. He described an existing irrigation pivot on Lot 5, which the applicant intends to keep, and mentioned the applicant has requested a Building Envelope as part of the PUD and they will adjust the arc of the pivot to accommodate said Building Envelope. He confirmed the applicant has chosen to adhere to the Bulk Requirements of the Estate Zone District for Lots 1-4 and the Agricultural Zone District for Lot 5, and relayed no common open space is proposed, given the PUD does not exceed nine (9) lots. Mr. Gathman noted the site is located within the Coordinated Planning Agreement (CPA) of the Towns of Berthoud, Johnstown, Mead and Milliken, indicated the Town of Milliken does not want to pursue annexation of the site, and cc: PLC1f/t- J/cG) 03/31/23 2023-0182 PL1595 HEARING CERTIFICATION - OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC, C/O ROGER OLSON (PUDF22-0004) PAGE 2 described the Town of Johnstown will provide water, via a 16 -inch pipeline, to Lots 1-3, with Lots 4 and 5 to be served separately by the Little Thompson Water District. He provided the details of the proposed phasing and shared, per the Development Review staff, there will be two (2) accesses, for which the applicant will need to obtain permits, a traffic narrative had been submitted, an Improvements Agreement is required, and the applicant had submitted a Drainage Report with an exception to stormwater detention. Mr. Gathman displayed images of the site and surrounding views. El Lauren Light, Department of Public Health and Environment (WCDPHE), stated WCDPHE had suggested plat notes regarding water and sewer and indicated, based on the Geotechnical Report that was submitted, the site may require engineer -designed septic systems. Kelsey Bruxvoort, AGPROfessionals, represented the applicant and asserted the irrigation pivot on Lot 5 will remain and will help preserve the agricultural character of the site. She provided a PowerPoint presentation, which outlined the history of the property, and indicated the current plan decreases the density of the site, compared to the original plan. She displayed images, which demonstrate how the site fits into the Town of Johnstown's Comprehensive Plan and shows the site is not in the Comprehensive Plan area for the Towns of Berthoud, Milliken or Mead. She also displayed an image that reiterated how each lot will receive water, stated a Water Service Agreement had been vetted by attorneys for both AGPROfessionals and the Town of Johnstown, and indicated they expect water will be available from the Town of Johnstown in the Summer or Fall of 2023. Lastly, Ms. Bruxvoort summarized slides that provided information about sewage disposal and dry utilities, easements and rights -of -way, access and roadway improvements, drainage, fire protection, and streets and highway facilities. = No public testimony was offered concerning this matter. Ms. Bruxvoort requested Condition of Approval (COA) #1.A (requirements of Weld County School District RE5-J) be removed, as the School District had not responded to the referral request or provided any requirements to the applicant, and the Board agreed. Ms. Bruxvoort provided context for COA #1.I (finalized Declaration of Covenants) and #1.J (Private Roadway Maintenance Agreement) and Karin McDougal, Assistant County Attorney, stated legal counsel is in agreement with the modified language. Ms. Bruxvoort questioned whether the restriction of no Use by Special Review (USR) Permits being allowed was specific to this PUD, and Chair Freeman confirmed they are not allowed in any PUD, per Weld County Code. In response to Commissioner Saine, Mr. Gathman explained COA #1.N.2.ii (Accessory Uses) was included in the Resolution, so the applicant/public would be aware of Uses allowed in the PUD, since USRs are not allowed in PUDs. =' No public testimony was offered regarding change made to the Conditions of Approval. In response to Chair Freeman, Ms. Bruxvoort indicated, on behalf of the applicant, she had reviewed, and agreed to abide by, the Conditions of Approval, as amended. 2023-0182 PL1595 HEARING CERTIFICATION - OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC, C/O ROGER OLSON (PUDF22-0004) PAGE 3 En Commissioner Ross moved to approve the request of Olson Bros, LP, and Spring Meadows Development, LLC, c/o Roger Olson, for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF22-0004, for four (4) residential lots for E (Estate) Zoned Uses and one (1) lot for A (Agricultural) Zoned Uses, based on the recommendations of Planning staff, with the Conditions of Approval, as amended. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. This Certification was approved on the 22nd day of March, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddricm) , jeki Weld County Clerk to the Board BY: i/.. -- I ► / . �s ''eputy Clerk to he Board Mike F eeman, Ch )r Lori Saine Pro em 2023-0182 PL1595 ATTENDANCE LIST 3-"8 ZZ lse'i 8 uxvoot-�- 7O5' 71,,,x/ F-741-47-4 JCy 5o k�rvxvocxFo�ao��Nps. earn y KKri c ; riNo DpAii-10 c6„,r6-, c.k1 1 CoCAXa, iii- �l L to C -g- S 4g/rid1 dA c -1;44,,, -- Al CGHLID Jo(n lgktn kwAwut Clia e9vvic tct Wed 41 IciFiLi 5 c,e- 3oCt\A4akv) 3w)on, cpbruCtie (xotovvvw mido t6 /q6 7 Hello