HomeMy WebLinkAbout951427.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 July 19, 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 to consider the request of West Hill -N -Park
Fourth Filing for a Site Specific Development Plan and Final Plat Subdivision. Lee Morrison,
Assistant County Attorney, made this a matter of record. Todd Hodges, Planning Department
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning staff into the record as written. Mr. Hodges noted the zoning was
changed to R-5 in 1971, and the Third Filing originally included this portion now called the Fourth
Filing; however, the Third Filing was replatted to vacate said portion. He also noted the only
remaining improvement to the Fourth Filing is to pave the streets. Responding to questions from
the Board, Mr. Hodges referred to Exhibit C, a letter dated July 17, 1995, from Jeffrey T.
Beddingfield, Attorney representing Janice D. Sears, who owns seven undeveloped residential lots
in Carriage Estates Subdivision. He noted there are 25 vacant lots in Carriage Estates, and if
sewer service is not available, building permits will not be issued. Mr. Hodges stated, according
to the applicant, the Hill -N -Park Sanitation District has sufficient capacity for the additional 86 lots
in the Fourth Filing; however, Carriage Estates was not addressed through this application. He
referred to a letter from the Weld County Health Department indicating the Sanitation District was
adequate for the addition of Carriage Estates. Mr. Morrison clarified said letter is dated August 18,
1975, and there has been some dispute. He referred to a letter to Roy Lundvall of West
Hill -N -Park, Inc. from Keith Schuett, Planning Department, dated July 7, 1994, concerning a certain
Clearance Record, which is attached to Exhibit C. Mike Thomas represented the applicant and
stated West Hill -N -Park financed the expansion of the Sanitation District, and an analysis
concerning the carrying capacity indicates the entire Hill -N -Park area and Carriage Estates could
be served based on collection of appropriate tap fees. Mr. Thomas also noted 25 additional lots
are proposed north of the subject site, which the District could also serve. Responding to questions
from the Board, Mr. Thomas confirmed there is no moratorium on tap fees, which may be as high
as $2,500 to $3,000; however, all tap fees for the Fourth Filing have been paid by the Corporation.
He reiterated the District has adequate capacity for all lots in this Filing, Carriages Estates, and the
abovementioned proposed lots. He suggested a letter of agreement between the District and the
County to guarantee no moratorium, that lines are in place, and the capacity is sufficient for all
additional lots. Mr. Thomas noted he is the Corporation's land surveyor. Mr. Morrison questioned
whether an engineer's report is available, and Mr. Thomas indicated the District was evaluated only
on use and the system was upgraded; however, there is no written report. He stated the tap fees
are to be worked out between the lot owners and the District, and the only lots in question are the
25 in Carriage Estates. He reiterated taps are available. Mr. Thomas stated tap fees for Carriage
Estates were originally $150; however, once the District reaches 80 percent capacity, specific
designs for future expansion will be required and must be financed. Responding to further
questions from the Board, Mr. Morrison clarified West Hill -N -Park, Inc. financed the expansion of
the system in exchange for the tap fees, which will be recovered by the sale of the lots. Mr.
Lundvall reviewed the history of the Hill -N -Park lagoon, for which West Hill -N -Park funded the cost
of the second cell and received taps at $75 each. He also noted Carriage Estates became the
Chalet West final plat, signed in 1975, and included more lots than the District intended to serve.
Mr. Lundvall stated he has no objection to serving people, but he expects each to pay a fair share,
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noting tap fees have increased and the District is not going to expand. Mr. Thomas reiterated once
the District reaches 80 to 95 percent capacity, it has to redesign, which will require financing. He
also noted West Hill -N -Park went through the preliminary plan stage prior to the Carriage Estates
commitment. Again responding to the Board, Mr. Hodges reported an estimated total of 88 lots in
Carriage Estates, and Mr. Lundvall indicated the City of Greeley's tap fees are $1,750. The Board
members voiced concern with the cost of the tap fees, and Mr. Lundvall stated the District is not
allowed to make any money, noting there are 82 taps in Carriage Estates now. Mr. Hodges stated
there are possibly 107 lots, since one was replatted into five. Mr. Lundvall confirmed he could
provide 15 taps and reiterated the District cannot make money; however, he originally thought there
were going to be only 50 lots. Commissioner Kirkmeyer noted Elmer Lundvall signed for 90. Mr.
Hodges noted the last replat of Carriage Estates was in 1988, and Mr. Morrison confirmed referrals
to utility providers are completed for each replat. Regarding tap fees, Mr. Morrison noted
reasonable costs and fees can be assessed. Mr. Thomas indicated the number of lots and taps
may not correspond because many lots are multi -family in Carriage Estates, resulting in two or
three taps per lot; however, Fourth Filing will require only 86 taps at one per lot. Mr. Hodges
confirmed all lots needing taps in Carriage Estates are R-4 Zoned, which is multi -family. Mr.
Morrison clarified the number of taps depends on the number of owners. Chairman Hall suggested
an additional Condition of Approval on the Fourth Filing requiring Carriage Estates be provided with
service at a reasonable rate, as prior commitment requires, to be fair to the remaining undeveloped
lots. He stated he understands the design criteria needs financing; however, it should be done at
a fair and equitable fee for the last 25 lots in Carriage Estates. (Changed to Tape #95-26 during
Chairman Hall's comments.) Mr. Thomas stated such a Condition of Approval concerning Carriage
Estates would be agreeable; however, he would prefer a work session with the District, County, and
West Hill -N -Park to discuss a fair fee instead of another formal hearing. He also agreed to
guarantee the tap fee would not exceed the City of Greeley's which is $1,750. Commissioner
Baxter stated he would prefer the applicant prove exactly what the fee needs to be. Mr.
Beddingfield stated he had contacted Mr. Lundvall, who expressed desire to work out this matter.
He reiterated the commitment made to Carriage Estates, which has been in existence for 20 years
and was last replatted 10 years ago. He noted the problem with the Fourth Filing is not Carriage
Estates, and it is unfair to force unreasonable costs on Carriage Estates since the commitment was
made by the District with no conditions attached. Mr. Beddingfield also noted some of the directors
of the District are also directors of West Hill -N -Park, Inc. and are fully aware of the costs. He stated
the Fourth Filing is not appropriate until all issues are addressed. Mr. Beddingfield answered
questions from the Board concerning fair tap fees and suggested comparing the costs to operate
the facility when originally committed and actual operational costs. Mr. Morrison noted, under the
Special District Act, the Board could request reports annually from the District. Michael
Leverington, Gail Sanger, John Sanger, Arthur Stone, Rosemary Winter, Randy Thompson, Kathy
Manley, Becky Jungck, all surrounding property owners, voiced concerns about the proposal,
including multi -family zoning and types of homes proposed, valuation of homes, poor and
inadequate water pressure and sewer issues, and inadequate notification of this hearing. They
also answered numerous questions from the Board. Mrs. Sanger, who owns 26 acres to the north
of the Fourth Filing, requested some type of demarcation between Arrowhead and Hill -N -Park
Subdivisions, noting the difference in valuation of homes and the problems with traffic, trespassing,
etc. She marked in red on a plat map the location of the existing gate, which is repeatedly torn
down, and the area where a barrier is desired, with said map being marked as Exhibit D for the
record. Mr. Stone submitted a list of objections to the proposal signed by several residents of
Arrowhead South, aka West Hill -N -Park Third Filing, as Exhibit E for the record. Mr. Morrison
clarified West Hill -N -Park Third Filing was marketed as Arrowhead South, and Commissioner
Harbert suggested that, as well as the types of homes allowed in R-5 Zoning, may have been
misrepresented by Baessler Construction, who sold lots in the Third Filing. Mr. Morrison confirmed
there is no more room for further filings and noted covenants in theareawere enforced privately.
He stated reversing the zoning would be difficult and must be done by the property owners;
therefore, he suggested talking with legal counsel for a more creative way to handle the matter.
Mr. Thomas clarified Baessler Construction purchased West Hill -N -Park Third Filing, aka
Arrowhead South, with a current verbal agreement that no mobile homes will be allowed in the 100
lots, even though the zoning allows for them. He stated a new eight -inch water line is being
designed for construction in the Fall for Arrowhead and Hill -N -Park. It was noted the letter
regarding water from the City of Evans does not address the addition of the eight -inch line. Mr.
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Zoyiopoulos stated he has a contract with the City of Evans, the design is -done, and they are
waiting for the easement. Responding to questions from the Board, Mr. Thomas reiterated the new
eight -inch line will serve Arrowhead and Hill -N -Park. Concerning the barrier at the north end of
47th Avenue and right-of-way along Mesa Verde Drive, Mr. Thomas stated the gate has been
maintained as well as possible by the developer, and a bermcouldbe built only in the right-of-way.
He stated there is no requirement for landscaping along the perimeter of the property on the north,
which is where further development is anticipated. Discussion ensued concerning right-of-way and
street maintenance, and Mr. Morrison clarified roads have not been accepted by the County for
maintenance in the Fourth Filing, which will be considered after an improvements agreement is
approved.
Let the record reflect a recess was taken at this time.
Upon reconvening, Mr. Thomas submitted a copy of the contract with the City of Evans for the
water line as Exhibit F for the record. He reiterated the previous barriers on the north side at 47th
Avenue have been torn down, run over, etc., noting 47th Avenue was closed at the request of
Arrowhead residents; however, Hill -N -Park residents would prefer it opened. Discussion ensued
concerning potential problems with the aged water lines, and Mr. Morrison and Mr. Thomas
confirmed the owners are responsible for the lines. Commissioner Baxter reiterated the need for
a written engineer's study for capacity, and Mr. Thomas stated the capacity of the District is
336,000 gallons per day, with the current level being 220,000 gallons per day. He stated the
addition of 205 to 210 taps would increase the capacity to approximately 87 percent and reiterated
the District has the capacity to serve the additional lots; however, it does not want to expand the
facility. Mr. Zoyiopoulos explained how the additional eight -inch water line will increase volume and
pressure, as well as satisfy fire -flow standards of the Milliken FPD. Commissioner Kirkmeyer noted
a water resource study, which is required, was not included in this application. Mr. Thomas stated
the City of Evans' letter states it will supply sufficient water. Mr. Zoyiopoulos reiterated the
additional eight -inch line will double the capacity and the pressure problem will disappear.
Commissioner Harbert read the City of Evans' letter dated March 1, 1995, which states: ... "the
City of Evans cannot take responsibility for any adverse consequences arising from the water
pressure problem." After further discussion concerning the water issue, Mr. Thomas reiterated
Hill -N -Park has been platted and planned since the early 1970s and what was misrepresented in
the Third Filing should not be relevant to the Fourth Filing. He noted the Fourth Filing -is not
disallowing stick -built homes; however, it is not restricting the types of dwellings so as not to limit
development. He also noted the Baessler agreement was to purchase the Third Filing one lot at
a time. After further discussion concerning the types of homes built in the Third Filing and desired
in the Fourth Filing, Mr. Hodges confirmed the 86 lots in the Fourth Filing were originally included
in the Third Filing, which was completed September 2, 1989, and replatted July 26, 1989, to
removed the 86 lots. Mr. Thomas noted the applicants requested to proceed to the final plat stage
for the Fourth Filing. Mr. Hodges also confirmed the drainage report has been received, reviewed,
and approved by Don Carroll, Engineering Department. Mr. Morrison clarified there is nothing in
the record that the applicant requested to proceed to the final plat stage; however, it is not
inconsistent with the procedure since there has been no change, except by private agreement,
since the Third Filing. Mr. Thomas confirmed the covenants were amended after the Third Filing.
Commissioner Kirkmeyer noted the requirement to file the final plat within one year of the
preliminary plan, and Mr. Thomas reiterated a meeting was held with the Board and/or the Planning
Department, at which the applicant was instructed to make application for the final plat. He noted
he also dealt with Keith Schuett from the Planning Department throughout this process.
Commissioner Harbert noted the problem in July 1989, with the Carriage Estates sewer system,
and Commissioner Kirkmeyer stated the problems cannot continue, and the Board has no
preliminary plan to work with and no evidence an extension was granted. She noted these
concerns should have been discussed at the preliminary stage, the application is not complete, and
the applicant is not complying with the rules, reiterating the need to determine that a sufficient
water supply is provided. Mr. Zoyiopoulos confirmed for Commissioner Webster that this is the
same property in question last November and Chuck Cunliffe, prior Planning Director, made the
decision to proceed with the Fourth Filing. He noted the quality of water will be the same as the
City of Greeley's because it will be interconnected with Arrowhead. Commissioner Kirkmeyer
clarified the application process is not acceptable. Mr. Thomas questioned why the Planning
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RE: HEARING CERTIFICATION - WEST HILL -N -PARK FOURTH FILING (S #381)
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Department accepted and processed the application, reiterating his discussions with Mr. Schuett,
and he suggested interdepartmental communication problems. Mr. Hodges confirmed no record
of interdepartmental sign -offs. Chairman Hall reiterated the Third Filing was developed in a certain
manner, which he feels the Fourth Filing should follow since it is based on the Third Filing's
preliminary plan. Mr. Thomas again stated the covenants for the Third Filing were modified after
the filing was complete; however, all other issues are consistent. After further discussion and
noting no Planning Commission recommendation is required for a final plat, Mr. Morrison stated
the Board could continue this matter to allow the applicant to file a preliminary plan or to provide
further evidence. He clarified there is no difference on paper or in Weld County's involvement
between this Fourth Filing and the Third Filing; however, there is a difference in the way the Fourth
Filing may be developed. After further discussion, Commissioner Kirkmeyer clarified the Third
Filing was completed in 1989, and the applicant had one year from then to extend the matter. Mr.
Zoyiopoulos reiterated he proceeded with direction from Mr. Cunliffe in November of 1994.
Chairman Hall suggested this matter be continued to gather more information. Commissioner
Baxter agreed and stated it is important to attempt to locate documentation indicating Mr. Cunliffe's
actions. After further discussion, Commissioner Kirkmeyer moved to continue the request of West
Hill -N -Park Fourth Filing for a Site Specific Development Plan and Final Plat Subdivision for 30
days to allow the applicant time to submit evidence that water is sufficient in quantity and
dependability to West Hill -N -Park Fourth Filing; fulfill the prior commitment to Carriage Estates
concerning tap fees at $150.00 per tap fee, unless an engineer's report is submitted which
indicates the necessity of a fee increase; submit a plan for an adequate barrier at the end 47th
Avenue; and submit a plan for types of dwellings in the Fourth Filing to be consistent with dwellings
:in the Third Filing. Commissioner Harbert requested the applicant also submit a plan for a visual
barrier along the property perimeter and seconded the motion. Commissioner Kirkmeyer agreed
to include the request for a visual barrier along the property perimeter in the motion, as well as to
a continuance date of August 23, 1995, at 10:00 a.m. Commissioner Webster stated heconcurredwith some items in the motion, but not enough to vote for the motion. Commissioner Baxter stated
he, too, agreed with some items; however, he feels the Board is not in a position to make any
demands without addressing each item specifically. Therefore, he will not vote for the motion since
it is requiring and/or demanding, rather than asking, that certain conditions be met. Chairman Hall
clarified the motion includes addressing the areas in question. The motion carried four to one, with
Commissioner Webster voting nay.
This Certification was approved on the 24th day of July, 1995.
Deputy Clerk)to the Board
TAPE #95-25 and #95-26
DOCKET #95-46
SUBD
Dale K. Hall, Chair =n
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
FXCl1SFr) r)ATF OF APPROVAI
Barbara J. Kirkmeyer, Pro-Tem
eorge.E. Baxter
FXCI1SFr) I)ATF OF APPROVAI
Constance L. Harbert
` .)j, 01.2)?
W. H. Webs er
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF JULY, 1995:
DOCKET #95-46 - FINAL PLAT SUBDIVISION, S #381, for WEST HILL -N -PARK FOURTH FILING
DOCKET #95-51 - USR #1073 for T & T CONCRETE, INC.
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 DD ESS (Pleas include City and Zip Code) HEARING ATTENDING
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