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
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