HomeMy WebLinkAbout20030667.tiff HEARING CERTIFICATION
DOCKET NO. 2003-25
RE: RESUBDIVISION, RS #1031, FOR THE REDESIGN, ADDITION AND VACATION OF
LOTS. THE RESUBDIVISION WILL VACATE LOTS 17 THROUGH 30, BLOCK P, EVANS
ADDITION. THE VACATED LOTS WILL BE COMBINED WITH WOLFF GARDENS AND
WOLFF GARDENS WILL BE REDESIGNED - FELIX MARTINEZ / ROGER TRUJILLO /
ROGER AND MICHELLE TRUJILLO/JESS ROSS/GARY AND CYNTHIA DEATH/MAX
MARTINEZ/ DALE HOWELL /WILLIAM ELWOOD
A public hearing was conducted on April 9, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 21,2003, and duly published March 27,2003,
in the South Weld Sun, a public hearing was conducted to consider the request of Felix Martinez,
Roger Trujillo, Roger and Michelle Trujillo, Jess Ross, Gary and Cynthia Death, Max Martinez, Dale
Howell, and William Elwood for Resubdivision, RS#1031, for the redesign, addition and vacation
of lots. The Resubdivision will vacate Lots 17 through 30, Block P, Evans Addition. The vacated
lots will be combined with Wolff Gardens and Wolff Gardens will be redesigned. Lee Morrison,
Assistant County Attorney, made this a matter of record. Chair Long also reconvened the regular
meeting of the Board of County Commissioners to concurrently consider the petition of Daniel and
Mary Hupp, Gary and Cynthia Death, and the Manuelita Martinez Estate, do Felix Martinez, to
vacate an irregular portion of Johnson Street, east of the traveled way, east of the intersection with
Williams Avenue, subject to dedicated and recorded easements. (Clerk's Note: All testimony
relates to both cases.)
Chair Long advised Felix Martinez, applicants' representative, that he has the option of continuing
this matter to a date when the full board will be present. However, if he decides to proceed today,
it will require three affirmative votes, or in the case of a tie vote, Commissioner Jerke will listen to
the record and make the determining vote. Mr. Martinez indicated he would like to proceed today.
2003-0667
PL1659
HEARING CERTIFICATION - FELIX MARTINEZ/ ROGER TRUJILLO / ROGER AND
MICHELLE TRUJILLO /JESS ROSS / GARY AND CYNTHIA DEATH / MAX MARTINEZ /
DALE HOWELL/WILLIAM ELWOOD (RS #1031)
PAGE 2
Sheri Lockman, Department of Planning Services, stated the portion of right-of-way to be vacated
is not currently in use. She stated the surrounding property owners have come to an agreement
on how the right-of-way will be divided and reconfigured, and staff recommends approval. Mr.
Morrison stated the right-of-way vacation and the replat were necessary because this piece of
property does not appear to be part of either the Evans Addition or Wolff Gardens, and it was
created as part of the railroad configuration. He stated this issue has been outstanding for more
than 20 years and has been very difficult to coordinate. Responding to Commissioner Geile, Mr.
Morrison explained State law requires that right-of-way be split in half; however, this is not a linear
configuration and there are three surrounding parties involved. He stated the three parties have
come to an agreement on who the area will be divided and shown on the plat. No public testimony
was offered concerning this matter.
Ms. Lockman presented a brief summary of the proposal and entered the favorable
recommendation of the Department of Planning Services into the record as written. She gave a
brief description of the location of the site, and stated 13 referral agencies reviewed this proposal,
with nine responding favorably or submitting comments that will be addressed through the
Conditions of Approval. Ms. Lockman stated the Evans Addition was platted in 1907, and Wolff
Gardens was platted in 1922. She explained a portion of the two developments overlap, and
through the years many of the lots have been reconfigured without going through the formal County
planning processes, thus forming multiple illegal lots. She stated because so many lots were
involved, the owners chose to proceed through the Resubdivision process in a combined
application to correct the situation. She stated the Department of Planning Services recommends
approval of Resubdivision, RS#1031,which will result in legal lots for all the parties involved. Many
of the structures will become conforming with the relocation of lot lines, and the overlapping
developments will be eliminated. Ms. Lockman stated some structures remain non-conforming,and
some accesses are located across adjacent lots; however, this process will correct the problems
to the greatest extent possible.
Don Carroll, Department of Public Works, stated each of the homes will utilize the existing
accesses. He stated staff initially proposed a few of the parcels access from Parkview Estates;
however, the Town of Frederick opposed this option. Therefore, easements have been created
across neighboring properties to acquire access from Johnson Street, and all the lots will have
utility service. Responding to Commissioner Vaad, Mr. Carroll stated the Town of Frederick will not
allow access from Parkview Estates until the parcels are annexed.
Char Davis stated she has no concerns with the proposal since all are connected to community
water and sewer. Responding to Commissioner Vaad, Ms. Davis stated water service is from the
Central Weld County Water District and sewer service will be from the Town of Frederick.
Mr. Martinez was present to answer any questions. No public testimony was offered concerning
this matter. Responding to Chair Long, Mr. Martinez stated he and the other applicants have
reviewed and agree with the Conditions of Approval for Resubdivision, RS #1031.
2003-0667
PL1659
HEARING CERTIFICATION - FELIX MARTINEZ / ROGER TRUJILLO / ROGER AND
MICHELLE TRUJILLO / JESS ROSS / GARY AND CYNTHIA DEATH / MAX MARTINEZ/
DALE HOWELL /WILLIAM ELWOOD (RS #1031)
PAGE 3
Commissioner Geile moved to approve the request of Felix Martinez, Roger Trujillo, Roger and
Michelle Trujillo, Jess Ross, Gary and Cynthia Death, Max Martinez, Dale Howell, and William
Elwood for Resubdivision, RS#1031, for the redesign, addition and vacation of lots, based on the
recommendations of the Planning staff, with the Conditions of Approval as entered into the record.
The motion was seconded by Commissioner Vaad, and he commended Mr. Martinez, the other
applicants, and staff for their efforts in resolving this situation. There being no further discussion,
the hearing was completed at 10:30 a.m.
This Certification was approved on the 14th day of April 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORAD
ATTEST: / p`�
u,,a David E. Long, Chair
Weld County Clerk to tB. d
; Robert D. den, Pro-Tem
BY: flh �1 ,• '
Deputy Clerk to the Boa?d
M. J. Geile
TAPE #2003-12 EXCUSED
William . Jerke
DOCKET#2003-25
Glenn Vaad
2003-0667
PL1659
EXHIBIT INVENTORY CONTROL SHEET
Case RS #1031 - FELIX MARTINEZ/ ROGER TRUJILLO / ROGER AND MICHELLE
TRUJILLO /JESS ROSS / GARY AND CYNTHIA DEATH / MAX MARTINEZ/ DALE HOWELL
/WILLIAM ELWOOD
Exhibit Submitted By Exhibit Description
A. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF APRIL, 2003:
DOCKET#2003-22 -STEVE BRANCUCCI
DOCKET#2003-24 -STEVE BRANCUCCI
DOCKET#2003-25 - FELIX MARTINEZ
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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