Johnstown Town Council 5/06/24

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 on the Johnstown Government Facebook page.

From the Johnstown website: “Enhance the quality of life of our residents, businesses, and visitors through community-focused leadership.”

Award & Proclamations

Johnstown Business of the Month was Ethan Allen, an Interior Design and Furniture business. They opened in Johnstown in 2008 and employ 12 people. Rainel, an Ethan Allen designer, accepted the award. 

The Council proclaimed May 2024 as Mental Health month and Foster Care Awareness month. 

Public Comment

A resident of Country Acres asked the new council members to commit to safety in communities. The resident is concerned about the beginning of the rainy season. She said the community has flood damage from previous storms that still haven’t been repaired. 

An HOA President said his community has property damage to a fence along the railroad tracks. The property is not in the Johnstown jurisdiction, however, students from Johnstown schools are tearing down fencing to hang out in the space near the tracks. They’re leaving a lot of trash behind and destroying the fence. 

Several other residents mentioned water meter readings and asked why more homes are being built when there are water restrictions on current residents. 

All items on the Consent Agenda were unanimously approved. 

1. April meeting minutes
2. Ordinance No. 2024-250: Annexing Certain Unincorporated Lands Located in the Southeast Quarter of Section 27, Township 5 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, Consisting of Approximately 5.7 Acres and Known as the Yellow Roof Annexation 
3. Ordinance No. 2024-251 Approval of Industrial Light (I-1) Zoning of the Property Known as the Yellow Roof Annexation, located in the Southeast Quarter of Section 27, Township 5 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, Consisting of Approximately 5.7 Acres.
4. Yellow Roof Annexation Agreement
5. Resolution No. 2024-20 Amending Fiscal Year 2023 Budget
6. April 2024 List of Bills and Payments

The Council unanimously approved six items of New Business. 

1. Agreement Between the Town of Johnstown and D2C Architects for the Design Services of a Development Services Building. The agreement will cost $498,821.
2. Playground Equipment Replacement for Eddie Aragon Park and West Lake Park. Public Works Director Wilkins said both parks will be ADA compliant and have non-slip rubberized surfaces, along with equipment customized for specific age groups. The cost for each park will exceed the budgeted $350,000 each.   
3. Contract Amendment with Burns & McDonnell Engineering Company, Inc. for the Water Treatment Plant Design Contract for Work Authorization 1 & 2 Engineering Construction Services at a cost of $882,022.
4. Downtown Master Plan Project Overview - $100,000 budgeted for design. 
5. The Downtown Façade Grant Program proposed boundary change. 
6. Termination of the Downtown Sign Project Contract  

Public Hearings

A tavern license was unanimously approved for Mirror Image Brewpub Group LLC with no public comments.

Public Hearing – Ordinance No. 2024-247: Establishing R-2 Zoning on The Property Known as The Blue Spruce Ridge Annexation on Second Reading was defeated in a vote of 3-4. Planning & Development Director Jeremy Glyme explained how the planning department determines zoning (1:15:03 of the video). They use the Comprehensive Plan, Land Use Codes, and the town’s Master Plan. Glyme’s said, “If you ask, how do you want something to look? Zoning determines that.” In 2023, Johnstown revised the Land Use Codes, and this is the first project that will use the new codes. The new codes support the vision laid out in the Johnstown Comprehensive Plan. 

Council members Menzies and Morris wanted to know why the zoning was being changed from R-1, which was originally recommended by the Planning Commission, to R-2 requested by the developer. Morris asked, “Why the sudden push to R-2?”

Applicant Representative Bob Choat spoke on behalf of the developer Caliber. Choat said Caliper is always committed to Johnstown and building high-quality developments. This project is only 41 acres and low-density R-2 is the right fit for this location. Choat also said this area is outlined in the Comprehensive Plan. The council and residents asked for a variety of neighborhoods with diversity. Residents said they want affordable and attainable housing, which is typically duplexes, condos, and townhomes. 

Mayor Duncan was not satisfied with Choat’s response. Councilmember Morris said people are asking for space between homes and developments. Planning originally called for R-1 zoning, single-family detached homes. “Why change?” she asked. 

Councilmember Molinar reminded the council that they were getting ahead of themselves. This is a zoning hearing only and the developer has complied with the approved Comprehensive Plan. Designs and plans will come later this year and the public and council can voice concerns at that time. Council member Berg agreed with Molinar. Berg said, “The council asked for diversity and different choices. It’s time to move to the next step.”  

There were numerous public comments against the zoning change. Resident Shardi talked about traffic and drivers speeding on the 2-lane road. She said that less expensive property will draw rental investments and that brings in transients. Shardi said she believes rental property and increased population to this area will ruin the schools “like it did in El Paso County” where she used to live. 

Several residents own farmland around the proposed development. Resident Woods wondered why the staff and developers had over 1 hour 15 minutes to present their case and residents are only given 5 minutes each to speak. “That’s not fair,” she said. Other residents expressed concern over the lack of infrastructure and appropriate roads in the area being able to handle additional multi-family housing. Resident Manning and others offered examples of their concerns:

1. The schools are already at capacity. 
2. The water treatment plant is not finished yet and everyone is on water restrictions. 
3. There are no sidewalks or grocery stores.
4. Fire protection comes from Loveland.
5. Manning said the Loveland Reporter Herald had a recent article about the developer, Caliber, and how they plan to bring between 8,000 and 10,000 new residents to the area. 
6. What about police protection?
7. There are no parks or ponds in the area for families to use for recreation.
8. They suggested that multi-family units bring down neighborhoods and property values. 

Scott James, a 26-year resident, spoke in favor of the zoning change. While the other residents in the room commented against the change, he said, “I’m the skunk in the woodpile.” He reminded everyone that there will be multiple situations to address the designs, how high, and how many units. He believes R-2 zoning makes sense for this location and said House Bill 24-1152 cleared the Colorado Senate today. This bill, if it passes, will make it easier for property owners to build Additional Dwelling Units (ADU’s) on their property. So, owners with larger lots could add ADU’s and they couldn’t do anything to stop them. However, he said R-2 zoning prevents building ADU’s on residential properties. 

Kyle with Caliber re-addressed everyone’s concerns. He said developers are required to improve infrastructure and meet town standards. So far, he said, Caliber has invested $2M on improvements to a nearby gulch. And by law, they are required to add a fire station and have the plans to submit.  

Public Hearing - Resolution No. 2024-23: Consideration of Final Subdivision Plat/Development Plan for Revere North Filing No. 1 & 2 was unanimously approved along with cleaning up some of the verbiage in the Water Sewer Service Agreements. Two residents objected to the final plats. 

• Sandra Stoner lives across the street from the project and Sandra’s private driveway is directly across from the main entrance to the new subdivision. She asked the town attorney if it’s common to put a main entrance to a subdivision across from a private driveway. Why can’t it be put somewhere else?
• Deborah Garcia agreed with Sandra and both residents emphasized how dangerous the road is. It’s only 2 lanes and driver’s speed. According to her calculations, Deborah said the new subdivision will add a minimum of 800 cars. 

Public Hearing – Resolution No. 2024-24: Consideration of Final Subdivision Plat for Southridge and 2 agreements were unanimously approved by the Council. There were no public comments.

The council went into Executive Session for approximately 30 minutes.

EXECUTIVE SESSION 23. An Executive Session to Discuss the Purchase of Real Property Pursuant to C.R.S. Section 24- 6-402(4)(a) - Sandra Drive Drainage Improvements.

When the Council returned from Executive Session, they adjourned the meeting at 11:28 p.m. 

Next Meeting  

May 20, 2024 @ 7:00 p.m. 450 S. Parish Ave., Johnstown, CO 80534, or online Town of Johnstown Facebook page.

Questions

Will the town choose that the Blue Spruce Ridge Annexation build larger homes now with potential added density of ADUs per state law? Or will the town opt to begin with higher density homes that are exempt from ADUs? 

Will Johnstown’s new land use codes serve the vision of most residents during this growth phase during water restriction?

*Citizen Observers further the commitment of the League of Women Voters to its principle of Citizens Right to Know, however, we are not acting as journalists. Omissions and errors are possible. It is assumed that users of this information are responsible for their own fact-checking. This could include contacting a government clerk, conversing with an elected official or staff, and/or asking us to speak to the Observer who attended.