HomeMy WebLinkAbout951831.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 30, 1995, at 9:30 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
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 said hearing was again continued to August 30, 1995, at 9:30 a.m. At said hearing on
August 30, 1995, Lee Morrison, Assistant County Attorney, made this a matter of record. Todd
Hodges, Planning Department representative, reviewed the letter from Ken Lind, Attorney
representing the applicant, replacing reference to mobile and modular homes with manufactured
and stick -built homes. Said letter was earlier marked as Exhibit X for the record. He noted staff
agrees the six-foot fence may not be necessary with the change in the covenants. Mr. Lind stated
he has been working with Joseph Fonfara, Attorney representing homeowners in West Hill -N -Park
Third Filing, aka Arrowhead South, who agrees with the revised covenants. He reiterated the
change in the covenants in Paragraph 1 is the reference to mobile and modular homes is being
eliminated and replaced with reference to conventional fixed -location homes or manufactured
homes as defined in Amended Section 10.1.M of Weld County Ordinance No. 89 -DD. Mr. Lind
clarified his letter maintained withdrawing the seven -lot transition zone; however, Mr. Fonfara's
clients want the transition to remain, and the seven lots will be restricted to conventional stick -built
homes proceeding north with stick -built or manufactured homes. He also noted the other change
to the covenants is in Paragraph 2 referencing the increase from $40,000 to $45,000 concerning
the minimum cost of each home. Mr. Lind also noted the covenants require the homes to be of
equal or better value than the dwellings in Third Filing, and Mr. Fonfara also agrees the six-foot
fence is not necessary. He clarified the restrictions in the Fourth Filing covenants are permanent
and agreed to a note on the plat to make the dwellings compatible with the Weld County
Ordinances and the Third Filing. He stated the Hill -N -Park Sanitation District Resolution has been
substantially modified and submitted a signed copy with all objectional language deleted as
Exhibit Z for the record. He noted, however, the Resolution is conditional upon approval of the
Fourth Filing. Mr. Lind also clarified the applicant prefers a six-foot wooden fence to the north
rather than a vegetation screen since an adequate vegetation screen exists. He noted the changes
made to this proposal are significant since the applicant became aware of the changes made to
Ordinance No. 89 -DD in February 1995, and since he has been working with Mr. Fonfara.
Responding to questions and comments from the Board, Mr. Lind agreed to delete the reference
to "the Board of County Commissioners of Weld County, Colorado," in the third "WHEREAS"
paragraph of the District's Resolution. He confirmed the completion of the water -line installation
is scheduled for November 1995, and agreed to the Condition of Approval which requires building
permits be issued after said completion. Mr. Lind also agreed no building permits are to be issued
for the Fourth Filing if any sewer taps to Carriage Estates are denied, and Mr. Morrison suggested
such a Condition of Approval require the District's Resolution be fulfilled. Mr. Lind clarified the
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RE: HEARING CERTIFICATION - WEST HILL -N -PARK FOURTH FILING (S #381)
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Fourth Filing will be known as "West Hill -N -Park Fourth Filing" with no reference to Arrowhead
South. Mr. Morrison noted the official name of the Third Filing has never been formally changed
to Arrowhead South. Mr. Lind stated the property to the north of Mesa Verde Drive will be the Fifth
Filing in the future and noted, on the aerial map submitted by Mr. Hodges as Exhibit AA, the
existing vegetation and trees at the north end and to the south of the Sanger property. Mr. Lind
clarified for the record the Third Filing consists of 108 lot and the Fourth Filing consists of 86 lots.
Mr. Fonfara stated he investigated the timeline of the proceedings and confirmed Mr. Lind's
presentation was accurate. He also confirmed Mr. Lind's comments comport with their discussions,
and he is in agreement but would prefer the fence be required if it becomes necessary. Doug Roup
voiced concerns about water volume and pressure and stated he is unsure the new eight -inch line
will cure the existing problems and supply water to the proposed lots. He also stated concerns
about 47th Avenue being opened. Chairman Hall stated the City of Evans will take over the water
line and no building permits will be issued until the line is installed. Mr. Hodges addressed 47th
Avenue stating no access will be allowed and additional barrier will be provided. Gail Sanger stated
her property line runs 1,947 feet along Hill -N -Park, of which only 100 foot is screened from the
trailer park by vegetation for four months of the year. She submitted pictures of views for the
record as Exhibit BB and noted the home has been there for 30 years. Responding to questions
from the Board, Ms. Sanger stated she prefers the screening be on the property line of Hill -N -Park.
Glenn Ficek stated concerns about the value of existing homes, water, traffic, vegetation and
screening and requested a 30- to 50 -foot greenway for separation purposes. He also questioned
if the easement for 47th Avenue will continue to the north. Mr. Morrison stated said easement
cannot be addressed without research, and Commissioner Kirkmeyer read the Condition of
Approval requiring a permanent barrier at the end of 47th Avenue to close access between
Arrowhead and the Fourth Filing. Mr. Ficek noted traffic volume is greatly increasing on other
roads in the area, and the Board responded by explaining the system which indicates when
upgrades are necessary. Sheila Baessler, Baessler Construction, presented the following for the
record: Exhibit CC - sheet 2 of 4 of the recorded plat map for the resubdivision of the Third Filing;
Exhibit DD - cover letter to Board dated August 29, 1995, with packet of documents numbered 1
through 13 attached; Exhibit EE - cover letter to Board dated August 29, 1995, with Protective
Covenants for Hill -N -Park, Second Amended Covenants for West Hill -N -Park, and 15 photographs
attached; Exhibit FF - four photographs of "2nd Phase of Third Filing (Arrowhead South)";
Exhibit GG - six "renderings shown to prospective buyers and lenders for Phase II of 3rd
Filing/Arrowhead South"; Exhibit HH - twenty-three 11X14 photographs of "homes built in 1st phase
of Third Filing (Arrowhead South)"; and Exhibit II - three 11X14 photographs of "non-compliance
of covenants". Ms. Baessler requested the Board delay this matter so she may retain legal counsel
and voiced numerous concerns, to which the Board and staff responded. (Changed to Tape
#95-34 during Ms. Baessler's presentation.) Frutoso Chavez also voiced concerns about allowing
any type of homes other than stick -built and stated a certain style and quality of life has been
established in Arrowhead South. He requested the Board delay this matter and look at the legal
issues. Chairman Hall clarified building done by Baessler Construction was not the Board's
decision. Mr. Chavez also voiced concern about the construction and maintenance of parks in the
area. Rosemary Winter stated she is a very careful drive and feels she has been discriminated
against by not being allowed to drive on 47th Avenue. She also stated she supports Ms. Baessler's
comments, which were very truthful. Mr. Lind addressed the public's testimony during his rebuttal
by reiterating the water is the City of Evans' responsibility and is not an issue. He stated 47th
Avenue must be closed as a Condition of Approval and stated vegetation and/or landscaping may
be a problem for the home owners' association, but the applicant is willing to build a six-foot fence
along the Sanger and Lundvall property. He reiterated the site is zoned R-5, which allows various
types of homes as a use -by -right; however, the applicant has agreed to eliminate mobile and
modular homes and comply with R-1 Zone standards. Mr. Lind stated the plat is clear and not an
issue pursuant to dates recorded and Planning staffs review. He reiterated the covenants for the
Fourth Filing are exactly the same as those for the Third Filing except for increasing the minimum
cost of the homes to $45,000 and including the manufactured home definition pursuant to Weld
County Ordinance No. 89 -DD. Mr. Lind noted the items regarding construction requirements as
presented by Ms. Baessler are not included in the recorded covenants, even though they may be
part of a private contract, and the construction requirements for the Fourth Filing are referenced
in Paragraph 2 of the Covenants for West Hill -N -Park Fourth Filing. He clarified covenants are
binding, whereas the previously mentioned contract is between the developer and the builder, and
he reiterated the covenants are consistent and identical and have not changed. Concerning
reference by Ms. Baessler to Phase 1 and 2 of the Third Filing, Mr. Lind clarified the only reference
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RE: HEARING CERTIFICATION - WEST HILL -N -PARK FOURTH FILING (S #381)
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to phases concerns the road improvements, and Phase 1 and 2 of the Third Filing does not exist.
He reiterated all covenants and plats have been filed and recorded appropriately. Addressing the
park issue as required by a Condition of Approval, Mr. Lind clarified Ms. Baessler's offer to pay for
one year of insurance is of no benefit to the applicant since the liability issues goes to the home
owners' association and involves the County as well. He stated all agreements are private and
separate issues and the Fourth Filing is entirely consistent with the Third Filing and the applicant
has complied with all laws. He also noted trying to eliminate manufactured homes is illegal and
stated opposition to another delay. Responding to questions from the Board, Mr. Lind stated a
greenway will not separate the subdivisions and the developer has no control over that issue. He
referenced Condition of Approval #6d requiring construction and maintenance of parks in the Third
and Fourth Filings and explained the home owners' association did not want an area for parks and
deeded the property for other purposes. He noted the question is who wants the responsibility and
maintenance; however, said Condition requires the parks be completed or no building permits will
be issued. Commissioner Harbert requested said Condition require completion of parks in both the
Third and Fourth Filing prior to issuance of building permits. Mr. Lind again clarified the water issue
will be the City of Evans' responsibility once accepted and no building permits will be issued until
Evans accepts responsibility. Mr. Hodges clarified Condition of Approval #5 requires a buffer and
not screening and suggested the applicant submit a plan for site enhancement including evergreen
trees. Referencing Condition of Approval #6 concerning parks and the liability issue, Mr. Hodges
stated staff feels play equipment is critical and noted the market meets today's requirements
including numerous safety features. He again agreed the six-foot fence is not necessary and
suggested deleting Conditions of Approval #4 and #7b addressing same and renumbering
Conditions of Approval #5 through #7 consecutively. Mr. Hodges then read proposed language
concerning the water issue for a new Condition of Approval #7 into the record. Responding to
further questions from the Board, Mr. Morrison stated it would be best to rely upon the City of
Evans' as the utility provider to test the upgraded water lines and suggested language change to
Condition of Approval #7. Mr. Hodges read the revised language for said Condition into the record,
which Mr. Lind confirmed as acceptable. Mr. Lind stated from his experience the home owners'
association will not want certain play equipment either, but the applicant will comply with the
Board's requirements. He also referred to the buffer, which the association probably will not want
responsibility for and may have concerns; therefore, he reiterated his preference for a fence south
of the Sanger property. Mr. Hodges clarified the fence should be on the Fourth Filing between the
Third and Fourth Filings. At Commissioner Harbert's request, Mr. Hodges suggested language for
Conditions of Approval #8a requiring only fixed -location construction in the transitional zone
consisting of the seven lots on the south side of Homestead Court; #8b requiring only fixed -location
construction and manufactured homes within the Fourth Filing; and #8c allowing occupancy for
single-family residential purposes only; #9 requiring all sewer taps be issued to Carriage Estates
in accordance with the District's Resolution or it shall be viewed as lack of availability to the Fourth
Filing. Mr. Lind confirmed all Conditions are agreeable, and Mr. Morrison suggested Condition of
Approval #8c also include the first sentence of Paragraph 1 of the covenants. Commissioner
Harbert suggested the type of playground equipment required be addressed in Condition of
Approval #5, and Mr. Hodges noted that requires plan approval. Mr. Lind suggested the home
owners' association submit its review to Planning staff. Referencing the transition zone, Mr.
Morrison suggested Condition of Approval #8a be deleted and referenced only in the covenants
since it is not technically enforceable by Weld County. Mr. Lind clearly stated the applicant will
voluntarily revise the covenants to include said language and agreed to delete #8a and submit said
covenants to Weld County for review. After further discussion, Commissioner Webster moved to
approve the request of West Hill -N -Park Fourth Filing for a Site Specific Development Plan and
Final Plat Subdivision, with the Conditions of Approval as revised by legal and Planning staff and
accepted by the applicant. Commissioner Harbert seconded the motion, and Commissioner
Kirkmeyer requested staff clarify the changes. Mr. Hodges reiterated Conditions of Approval #4
and #7b should be deleted, with #5 through #7 renumbered consecutively; a new #7, which he read
into the record, should be added concerning the water issue; #8a and #8b will be notes on the plat
addressing types of homes allowed and allowing only single-family occupancy, respectively; and
#9 will address the Carriage Estates sewer issue pursuant to the District's Resolution. Mr. Morrison
suggested "in the Fourth Filing" be added after "building permits" in the second to last sentence
of Condition of Approval #6 (renumbered as #5). Commissioner Baxter stated he appreciates the
compromises made by the applicant and clarified there is a reason legal counsel is present at all
hearings and he feels the Board is within its legal position. The motion then carried unanimously.
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RE: HEARING CERTIFICATION - WEST HILL -N -PARK FOURTH FILING (S #381)
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This Certification was approved on the 6th day of September, 1995.
APPROVED:
GlatBOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO0
Clerk to the Board
uty Cler . o the Board
TAPE #95-33 and #95-34
DOCKET #95-46
SUBD
/ Barbara J. Kirkmeyer, Pro-Tem
Baxter
Constance rL. Harbert
r /F
W. H. Webster
DaleC.'Haall, Chairman /Arc
951831
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF AUGUST, 1995:
DOCKET #95-46 - S #381 for WEST HILL -N -PARK FOURTH FILING
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.
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