HomeMy WebLinkAbout20042705.tiff HEARING CERTIFICATION
DOCKET NO. 2004-81
RE: SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR SUBDIVISION FINAL PLAN,
MJF #1062, HILL-N-PARK THIRD FILING, FOR THIRTEEN (13) RESIDENTIAL LOTS
IN THE R-5 (MOBILE HOME RESIDENTIAL)ZONE DISTRICT-JER,A PARTNERSHIP
A public hearing was conducted on September 8, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Michelle Martin
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 20,2004,and duly published August 25,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of JER, a
partnership, for a Site Specific Development Plan and Major Subdivision Final Plan, MJF#1062,
Hill-n-Park Third Filing,for thirteen(13)residential lots in the R-5(Mobile Home Residential)Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Michelle Martin,
Department of Planning Services, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. She gave a brief
description of the location of the site and surrounding uses. She stated 17 referral agencies
reviewed this proposal, 14 responded with comments that have been addressed in the Conditions
of Approval, and staff received no comments from surrounding property owners. In response to
Commissioner Geile, Ms.Martin stated this is for 13 residential lots with stick-built or manufactured
homes. She stated the area is zoned R-5,there is one open space lot for a detention pond that will
be maintained by the Homeowners'Association,and the remainder of Hill-n-Park Subdivision does
not have a Homeowners'Association. Responding to Commissioner Long, Ms. Martin stated the
average lot size will be 7,000 square feet.
Pam Smith,Department of Public Health and Environment,stated this development will be serviced
by the City of Evans for water.
Donald Carroll, Department of Public Works, stated the residences will be accessed from an
internal roadway system,with a cul-de-sac layout. He stated it will be paved and have curb,gutter
and sidewalk. He further stated the drainage study has been approved, and an On-site
Improvements Agreement is in place.
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Mike Thomas represented the applicant and stated the 3.5-acre lot will be divided into 13 single
family dwelling lots, with the smallest being 6,300 square feet, and largest being almost 8,000
square feet. He stated there will be a grassed outlot in the northeast corner of the site for drainage.
Mr.Thomas stated the comments from the City of Greeley expressed concern that mobile homes
might be allowed, and that they would prefer a buffer along 49th Street. He stated they also
suggested a fence; however,four or five-foot chain link fences would be more consistent with the
surrounding properties. Responding to Commissioner Vaad, Mr. Thomas clarified a fence is not
being required by the County,and at the Planning Commission,a surrounding property owner to the
northwest indicated a privacy fence would obstruct his view. He confirmed that at this time no fence
is being proposed,although it was requested by the City of Greeley. In response to Commissioner
Geile, Mr. Thomas explained the area to the north was originally maintained as a park,which the
developer turned over to the subdivision homeowners who did not want the maintenance
responsibility. He stated the area was later turned over to the Senior Center and the Milliken Fire
Protection District is also located there. He further stated the subject site has existing as open
space and is proposed to be developed in a manner that is consistent with the surrounding area.
Mr.Thomas stated there is no architectural review committee,therefore,the style of home will be
determined by the property owner. He stated the homes will be required to meet or exceed the size
of homes in West Hill-n-Park Subdivision. He further stated the Covenants also restrict the
properties from keeping derelict vehicles, mobile homes,etcetera, and there are some provisions
to allow homeowners to take action if there is a problem. However,the pre-existing lots in the rest
of the Subdivision are precluded from these restrictions.
Carol Applegarth, surrounding property owner to the south,expressed concern with conditions of
some of the existing trailers in the subdivision,and stated the vacant homes have been vandalized.
Ms. Applegarth stated some of the residents are attempting to initiate a neighborhood watch
program. She stated a Sheriff's Deputy attended one of the meetings and indicated neighborhood
cleanup typically only happens every four years. She further stated approximately 25 percent of the
residents care for their properties, and the remaining lots are in poor condition, therefore, she
requested a fence and landscaping be installed along 49th Avenue to buffer the yards from the
public.
Tonya Golding,surrounding property owner,concurred with Ms.Applegarth's comments,and stated
she is the individual trying to start a neighborhood watch in an effort to stop crime and trash in the
area. She also stated she would prefer a solid fence versus chain link fencing.
In response to Ms.Applegarth,Chair Masden explained the Fort Lupton Press is the legal paper for
the County this year,and following an experiment, it was determined that publishing hearings in the
Greeley Tribune did not result in increased attendance at the land use hearings.
Mr.Thomas acknowledged that there are problems with some of the properties on the west end of
the Subdivision; however, the applicant would prefer to leave the fencing to the homeowners
preference. He stated the applicant is willing to install fencing if the Board deems it necessary.
Commissioner Geile stated while attending an event at the Hill-n-Park Senior Center he received
comments from some of the senior residents expressing concern with the issues in the
neighborhood. He stated he has discussed the matter with the Sheriffs Office,and they are trying
to arrange a special meeting. He further stated that although there is one neighbor who is
concerned with the loss of his view to the west,he feels a six-foot privacy fence would help mitigate
some of the problems. Mr. Thomas stated they are willing to do fencing on the south side of the
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property along 49th Avenue, and the Homeowners' Association would be responsible for the
maintenance. The Board concurred with that proposal. Commissioner Geile commented it is
unfortunate that the Homeowners' Association cannot be reestablished for the remainder of the
Subdivision. Mr. Thomas stated the Covenants include provisions for the County to step in if the
Homeowners' Association does not preform its duties.
Commissioner Geile complimented the residents who are involved in the neighborhood watch
program, and for trying to work with the Sheriff's Office to deal with the quality of life issues in the
Subdivision. He stated the proposed lots and homes will be purchased, not rented, and the
southern fence will create a protective shield to the surrounding property owners and public
rights-of-way. Based on those comments, Commissioner Geile moved to approve the request of
JER, a partnership, for a Site Specific Development Plan and Major Subdivision Final Plan,
MJF #1062, Hill-n-Park Third Filing, for thirteen (13) residential lots in the R-5 (Mobile Home
Residential)Zone District, based on the recommendations of the Planning staff and the Planning
Commission,with the Conditions of Approval as entered into the record. The motion was seconded
by Commissioner Long. Commissioner Vaad commented he is uncertain about the fence because
the public will not be able to scrutinize what is on the other side of the fence, and it may result in
increased traffic speeds if the traveling public does not feel it is being watched. He commented
community cleanups are controlled by the County budget,and the County will continue to enforce
zoning regulations. He further stated there was a community cleanup prior to the adoption of stricter
zoning regulations, which gave residents an opportunity to be in compliance. For Clerk's
clarification, Ms. Martin stated the applicant will be required to designate the fence on the plat and
include it in the improvements agreement. Commissioner Geile added the applicant is also on
record stating they are agreeable to installing a fence along the southern boundary. There being no
further discussion,the motion carried unanimously, and the hearing was completed at 10:50 a.m.
This Certification was approved on the 13th day of September 2004.
APPROVED:
E�� BOARD OF COUNTY COMMISSIONERS
Bo] tf WELD COUNTY, COLORADO
,:prAer.
•", / EXCUSED DATE OF APPROVAL
�,r� [ Robert D. Masden, Chair
tCr ounty Clerk to the Board
William H. Jerke, Pro-Tem
BY:712%,--,/
Deputy Clerk to the Bo EX .__ D DATE OF APPROVAL
M. J. is
TAPE #2004-39
Davi. . on. F'
DOCKET#2004-81
Glenn Va
2004-2705
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EXHIBIT INVENTORY CONTROL SHEET
Case MJF #1062 -JER, A PARTNERSHIP
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 08/03/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF SEPTEMBER, 2004:
DOCKET#2004-81 -JER, A PARTNERSHIP
DOCKET#2004-79 -TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS
DOCKET#2004-78 - STENERSON, OLSON AND LOWRY DEVELOPMENT, LLC
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