HomeMy WebLinkAbout982401.tiff HEARING CERTIFICATION
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DOCKET NO. 98-68
RE: APPROVE MAJOR SUBDIVISION PRELIMINARY PLAN FOR WEST HILL-N-PARK
SUBDIVISION 5TH FILING CONTAINING 18 LOTS -JER,A PARTNERSHIP
A public hearing was conducted on December 9, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tern
Commissioner George E. Baxter- EXCUSED
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Scott Ballstadt
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 20, 1998, and duly published
November 25, 1998, in the Fort Lupton Press, a public hearing was conducted to consider the
request of JER, a partnership, 1317 15th Avenue, Greeley, Colorado 80631,for a Major Subdivision
Preliminary Plan for West Hill-N-Park 5th Filing, containing 18 lots. Lee Morrison,Assistant County
Attorney, made this a matter of record. Scott Ballstadt, Department of Planning Services
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Ballstadt stated the
Change of Zone for this subdivision was approved on January 5, 1971, and gave a brief description
of the location of the subdivision. He stated several surrounding property owners have expressed
concerns; however, they have been addressed in the Conditions of Approval. The City of Evans
will provide water and sewage disposal for the site, and the applicant has provided evidence that
adequate water is available. Mr. Ballstadt submitted revised Planning Commission Conditions of
Approval, marked Exhibit G, to be considered, with a proposed addition at the end of Condition of
Approval#4.f to state, "and a six-foot wood privacy fence along the entire northern property line to
prevent any unauthorized access." (Clerk's note: Exhibit G is the Department of Planning Services
staffs recommendation for revision to the Planning Commission recommendation, not the revised
Planning Commission recommendation.) In response to Commissioner Kirkmeyer, Mr. Ballstadt
stated the application and Conditions of Approval are consistent with the previous filings.
Responding to Chair Harbert, Mr. Ballstadt stated the large eastern lot bordering a flood plain is
designated as open space, and the Homeowners' Association and Covenants will address the
maintenance and use of the lot. He further stated Conditions of Approval #4.e.1 and #4.e.2 will
ensure the open space maintenance is addressed prior to recording the plat. Chair Harbert
commented the previous filings have not established a Homeowners' Association and no one has
been responsible when a problem occurs. Mr. Ballstadt stated the County Attorney will have the
opportunity to review the Covenants and the formation of the Homeowners' Association prior to
approval of the final plat. Don Carroll, Department of Public Works representative, stated the large
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HEARING CERTIFICATION -JER, A PARTNERSHIP (S#449)
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lot is a retention area which needs to be maintained, and added the existing road is paved and
maintained by the County.
Mike Thomas, representative, gave a brief description of the proposal and surrounding uses. He
stated the applicant is proposing the lots have stick-built or modular homes, and clarified the City
of Evans is now operating the West Hill-n-Park Sanitation District. Mr. Thomas indicated a row of
trees located between the Fourth and Fifth Filings which will remain in place and stated the Planning
Commission recommended building a six-foot privacy fence along the northern boundary of the fifth
filing. He addressed concerns regarding the Homeowners' Association by stating a new
Homeowners'Association will be created for this filing prior to approval of the final plat. Mr. Thomas
stated there is a gate leading to the Sanger property which the Sangers use to access their barn;
however, use of the gate has been an on-going problem. In response to Chair Harbert and
Commissioner Kirkmeyer, Mr. Thomas stated the property to the north is owned by Elmer Lundvall,
and added he is not sure whether the Covenants have sunset provisions. Mr. Morrison stated #22
of the Covenants creates a ten-year cycle, through which the covenants renew unless action is
taken by the West Hill-N-Park property owners to terminate them. He further stated the Planned
Unit Development (PUD) Ordinance does have enforcement provisions if a Homeowners'
Association does not preform its duties,which allow the County to do the work and assess the cost
to each property owner; however, since this is a subdivision application, those provisions must be
added as Conditions of Approval. Mr. Thomas stated the developer's attorney is still in the process
of finalizing the Covenants and is planning to incorporate a Covenant regarding a fee for
maintenance of the openspace.
Gayle Sanger, surrounding property owner, stated she does use the gate to access the back of her
property, and they have had problems with people cutting the chains to get through the gate. In
response to Chair Harbert, Ms. Sanger stated there are shrubs and trees blocking access to the
back of their property. Mr. Morrison clarified there may be physical barriers; however, if the Sangers
have legal access on their property to reach the barn, the gate is not necessary and the shrubs and
trees would have to be moved. Ms. Sanger requested the Board ensure that a fence is built to deter
the trespassing but still allow her access to her property.
Larry Torrez, surrounding property owner, stated the location of the fence is important it whether or
not people continue to trespass. He indicated that the fence must cross 47th Avenue and also run
to the end of the openspace to prevent people driving around it. Mr. Morrison clarified 47th Avenue
deadends at the County right-of-way.
Mr. Thomas proposed digging a ditch which would prevent trespassers, as well as the Sangers. He
stated eventually the Sangers will no longer be allowed to cross Mr. Lundvall's property and will
need an alternate access. He further stated the trespassers have torn down numerous fences and
barricades in order to head north rather than taking the long route around the subdivision. In
response to Commissioner Webster, Mr. Thomas stated there are no oil wells to the north and no
service roads are needed. He further stated the applicant had not intended to build across Weld
County right-of-way because once the fence is torn down, it then becomes the County's
responsibility to repair it. Mr. Morrison explained when considering the first filing, the Board made
findings that opening 47th Avenue was not necessary. Commissioner Kirkmeyer commented it may
be necessary to review the traffic patterns in the area. Chair Harbert suggested the applicant work
with the Public Works Department to determine the best way for blocking the road. Mr. Morrison
indicated there is a Condition of Approval in the original Change of Zone which addresses control
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of the access. Commissioner Kirkmeyer commented that it should not be the responsibility of the
County. In response to Chair Harbert, Mr. Morrison stated the Board can add the language he
explained earlier which is included in the PUD Ordinance regarding enforcement provisions of the
County when the Homeowners'Association does not preform its duties, as well as ensuring that the
Covenants cannot be terminated. Commissioner Kirkmeyer suggested adding"and the fence along
the entire northern property line" to the end of the first sentence of Condition of Approval #4.e.2.
Mr. Ballstadt requested Condition of Approval#4.g be added to state, "The applicant shall work with
the Public Works Department to develop a plan which adequately addresses the closure of Weld
County Road 47." In response to Chair Harbert, Mr. Thomas stated the applicant has reviewed and
agrees to the Conditions of Approval as presented, as well as the discussed changes.
Commissioner Kirkmeyer moved to approve the request of JER, a partnership, for a Major
Subdivision Preliminary Plan for West Hill-N-Park 5th Filing containing 18, based on the
recommendations of the Planning Commission and Planning staffs Exhibit G as entered into the
record, with Condition of Approval #3.a moved to the end of Condition of Approval #4.f, and
renumbering of #3.b to #3.a; adding "and the fence along the entire northern property line" to
Condition of Approval#4.e.2; adding "The applicant shall work with the Public Works Department
to develop a plan which adequately addresses the closure of Weld County Road 47" as Condition
#4.g; and directing staff to confirm provisions are included in the Covenants which ensure the
Covenants cannot be terminated. The motion was seconded by Commissioner Webster, and it
carried unanimously.
This Certification was approved on the 14th day of December, 1998.
APPROVED:
ATTEST: I ,�, BOARD OF COUNTY COMMISSIONERS
vvy COUNTY, COLORADO
Weld County Clerk t• e r r-r ' 4' C4-p-rst-oun.t.2
Constance L. Ha ert, Chair
BY:
O ��' I
Deputy Clerk to _ = r• e U
® i' W. Webster, Pro-Tern
TAPE#98-33 U i
EXCUSED
eorge E. Baxter
DOCKET#98-68
Da K. Hall
arbara J. Kirkmeyer
982401
SUBD West Hill-N-Park
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF DECEMBER, 1998:
DOCKET#98-98-67 - DALE AND LORETTA BURMAN - BIG SKY PROPERTIES
DOCKET#98-98-68 -JER, A PARTNERSHIP
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) DOCKET#OF HEARING ATTENDING
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EXHIBIT INVENTORY CONTROL SHEET
Case S*yam JFR 2 - al�none
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)
D. Clerk to theBoard Notice of Hearing
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