HomeMy WebLinkAbout951766.tiffHEARING CERTIFICATION
DOCKET NO. 95-46
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT SUBDIVISION, S #381 - WEST
HILL -N -PARK FOURTH FILING
A public hearing was conducted on August 23, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro -Tern
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
The following business was transacted:
I hereby certify that pursuant to a notice dated June 19, 1995, and duly published July 6, 1995, in
the Windsor Beacon, a public hearing was conducted on July 19, 1995, to consider the request of
West Hill -N -Park Fourth Filing for a Site Specific Development Plan and Final Plat Subdivision. At
said hearing on July 19, 1995, said matter was continued to August 23, 1995, at 10:00 a.m., at
which time Lee Morrison, Assistant County Attorney, made this a matter of record. Todd Hodges,
Planning Department representative, noted the changes made to Planning staffs recommendation
as follows: Condition of Approval #1 b was deleted because it was satisfied, and the remaining
Conditions of Approval were renumbered; and Conditions of Approval #3 through #7 were added.
Mr. Hodges noted the zoning was changed from agricultural to mobile home district in 1970 and
the First and Second Filings were established; the Third Filing was established in 1984 and
included the area now called the Fourth Filing; however, 86 lots were vacated from the Third Filing
in 1989, and are now known as the Fourth Filing. Discussion ensued concerning the preliminary
plan for the original Third Filing, which included the Fourth Filing being considered today. Mr.
Morrison clarified the final plan needs to be consistent with the preliminary plan, and staff
proceeded with the final plan for the Fourth Filing as if direction was given to do so by the Board.
The Board members voiced concern about consistency and compatibility between the Third and
Fourth Filings, and Mr. Morrison referred to Section 7 of the Subdivision Ordinance. Mr. Hodges
referred to the Amended Covenants for the Third Filing and to the continuance Resolution, dated
July 19, 1995, indicating Items #1 and #2 have been addressed, and Item #3 is addressed as a
new Condition of Approval. Concerning Item #4, Mr. Hodges stated the applicant would still like
flexibility regarding the types of dwellings allowed in the R-5 Zone, but agrees to a barrier and/or
screening fence as required by Conditions of Approval. He noted Item #5, has also been
addressed by a Condition of Approval and dirt has been piled as a barrier. Mr. Hodges answered
further questions from the Board concerning water pressure and confirmed the applicant must meet
the standard for fire protection as addressed in the Conditions of Approval. Ken Lind, Attorney
representing the applicant, clarified the prior Subdivision Regulations are substantially different than
today's. He reviewed the proceedings completed for West Hill -N -Park Subdivision and clarified the
resubdivision of the Third Filing did not vacate the 86 lots which were designated as a future filing.
He also noted covenants were completed for the entire subdivision with R-5 Zoning, which allows
modulars and has not changed. Mr. Lind referred to the original and amended covenants for the
Third Filing, which he submitted as Exhibits L and M. Mr. Hodges submitted the preliminary plat,
as Exhibit N for the record, indicating the words "future filing". Mr. Lind noted the agreement with
Baessler Construction, submitted as Exhibit O for the record, restricts homes to being stick built
on those 108 lots only, known as Arrowhead South. He noted the stick -built homes are actually
not consistent with the First and Second Filing. He reiterated the R-5 Zone allows any type of
housing, and the construction agreement and covenants for the Third Filing specifically define the
108 lots in the resubdivision but do not include any of the 86 lots in this proposed Fourth Filing
which were maintained as part of the preliminary plan. Mr. Lind answered questions from the
Board, and Mr. Morrison clarified this consideration refers to the preliminary plan, but the review
should result in consistency. He noted covenants are a private issue restricting use and are not
within the boundaries to compare the Third and Fourth Filings. Mr. Lind reiterated the R-5 Zone
is a use by right which incorporates mobile homes, modulars, etc., and mobile homes only one-year
old or newer will be allowed to conform more with the Third Filing. (Changed to Tape #95-33.)
951766
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RE: HEARING CERTIFICATION - WEST HILL -N -PARK FOURTH FILING (S #381)
PAGE 2
After further comments from Mr. Lind, George Hall, Hall -Irwin Construction Company, stated he
has a contract with the City of Evans and West Hill -N -Park, Inc., to install water lines which will
produce an adequate volume supply. He noted said contract states Evans will maintain the lines,
and he believes the installation will improve the existing water pressure in the area and be
completed by Thanksgiving. Responding to questions from the Board, Mr. Hall stated the contract
does not guarantee pressure, but it does guarantee Evans will take possession and maintain the
line. Addressing the issues of the continuance Resolution, Mr. Lind submitted, as Exhibit P for the
record, a letter dated August 4, 1995, to Roy Lundvall from Jeffrey T. Bedingfield, Attorney for
Diane Sears who owns lots in Carriage Estates, concerning the purchase of sewer taps from
Hill 'N Park Sanitation District. He also referred to the August 21, 1995, letter from Zoyiopoulos and
Associates, Inc., and the Certificate of Resolution of Board of Directors of Hill 'N Park Sanitation
District, which were marked as Exhibit K on August 22, 1995. Bob Zoyiopoulos confirmed for the
Board certain lines are owned by Country Estates and the Sanitation District maintains only the
lagoon. After further discussion, Mr. Morrison clarified the Board does not agree to certain factual
statements in the Districts Resolution, and Mr. Lind clarified the Board is not party to said
Resolution nor is he legal counsel for the District. After further discussion, Commissioner Harbert
requested a recess.
Let the record reflect a five-minute recess was taken at this time.
Upon reconvening, Mr. Lind stated sewer issue concerns will be addressed momentarily and
confirmed the requirement of the barrier at the north end of 47th Avenue is acceptable to the
applicant. He reiterated the R-5 Zone permits various types of homes and submitted three posters
with pictures of mobile homes, Exhibit Q; stick -built homes, Exhibit R; and modular homes, Exhibit
S. Responding to questions from the Board, Mr. Lind reported the cost of the mobile and modular
homes ranges from $50,000 to $70,000, while the stick -built homes start at $80,000. He explained
the differences between the mobile and modular homes. Andy D'ambrosio, New Vision Homes,
Inc., clarified the manufactured home definition and noted the new manufactured -home rule should
relieve concerns about appearance. Mr. Lind referred to Planning staffs recommendation requiring
a six-foot wooden fence to separate the Third and Fourth Filings and suggested stick -built homes
be installed on the first seven lots and modular homes be installed on the next ten lots closest to
the Third Filing to provide transition; therefore, making the fence unnecessary. Addressing the last
item of the continuance Resolution, Mike Thomas, applicant's representative, referred to an aerial
map indicating the owners of the Fourth Filing and the barrier on Mesa Verde Drive where a seven -
foot right-of-way exists. He submitted photographs, Exhibit T for the record, showing the view from
various locations and existing homes. Mr. Thomas noted a visual barrier along the north end of
47th Avenue will only screen the Sanger property where mature vegetation already exists. Mr. Lind
made further suggestions and comments concerning screening and noted there is potential for a
Fifth Filing to the north of Mesa Verde; therefore, a barrier there is not suggested. Concerning
Condition of Approval #6, Mr. Lind stated the applicant does not agree to provide slides or swings
in the parks due to significant liability issues. He noted all objectional language concerning Weld
County's requirements in the Sanitation District's Resolution is being stricken, and said Resolution
will be retyped. The revised Resolution was later submitted as Exhibit U for the record. He
answered further questions from the Board concerning the covenants for the Fourth Filing and
agreed to make changes to provide continuity and consistency. Joseph Fonfara, Attorney
representing 53 homeowners in Arrowhead South, stated the lots sold to his clients were
misrepresented by the sellers and the prime issue concerns mobile homes. He made further
comments and referred to a letter dated November 18, 1992, to Roy Lundvall from George H.
Ottenhoff, Attorney, which indicates covenants supersede zoning provisions and was later
submitted as Exhibit V for the record. He argued mobile and modular homes will not hold value
in ten years and questioned whether the covenants were in place prior to the vacation of the 86 lots
proposed for the Fourth Filing. In summary, Mr. Fonfara reiterated mobile homes are not
compatible and requested this matter be continued to allow him time to review the timeline of
plattings, filings, covenants, etc. He also noted the understanding and arrangement for compatible
housing pursuant to the Comprehensive Plan. Mr. Morrison noted it is at the Board's discretion to
continue; however, he clarified Mr. Ottenhoffs letter is an opinion in which the map addresses the
issue more than the text in view of the writer. After further discussion, Mr. Morrison reiterated
consideration of the Comprehensive Plan may be inappropriate. After further discussion,
Commissioner Harbert moved to continue the request of West Hill -N -Park Fourth Filing for a Site
Specific Development Plan and Final Plat Subdivision to August 30, 1995, at 9:30 a.m.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
951766
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RE: HEARING CERTIFICATION - WEST HILL -N -PARK FOURTH FILING (S #381)
PAGE 3
This Certification was approved on the 28th day of August, 1995.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, QOLODO
ATTES
Clerk to the Board
k-ilt t-
puty Clerk 4o the Board
TAPE #95-32 and #95-33
DOCKET #95-46
SUBD
/Barb
Constance L. Harbert
K. Hall, Chairma
.� it
J. Kirkmeyer, ro-Te
Baxter
W. H. Webster
951766
SUBD
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23rd DAY OF AUGUST, 1995:
DOCKET #95-46 - A Site Specific Development Plan and Final Plat Subdivision for West Hill -N -
Park, Fourth Filing
DOCKET #95-59 - A Site Specific Development Plan and Special Review Permit for retail sale of
buffalo meat and other buffalo oriented products in the A (Agricultural) Zone
District for Boyd and Allison Meyer
PLEASE legibly write or print your name and complete address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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