By David Grant Long

They didn’t say "yes," but they didn’t say "no."

Cortez city council members expressed mixed feelings Tuesday during a public hearing on an application to rezone 20-plus acres of San Juan Park to Mobile Home, empathizing with both the current neighborhood residents as well as the owners and the would-be developer of the land, which has stood vacant since being subdivided 40 years ago.

The land is currently zoned R-1, which allows only site-built single-family dwelling of at least 1500 square feet, and Don Etnier, owner of Residential Building Systems, wants to install about 90 smaller units of single-wide manufactured housing on it.

Councilwoman Cheryl Walkenhorst said while she had serious concerns that city policy may be depriving Bill and Eva Hooten, trustees for the estate of Roy Koppenhafer, of their best chance to sell the remaining undeveloped land in the subdivision, she also had to respect the wishes of the current neighborhood residents who own stick-built homes and are nearly unanimous in their opposition to the plan.

Petitions with more than 100 signatures were turned in by opponents at the meetings and several spoke against Etnier’s proposal, citing unacceptable traffic impacts and probable harm to their property values. The area also contains wetlands, and a plan for their protection would also have to be approved by the Army Corps of Engineers. Following an earlier public hearing, the Planning and Zoning Commission recommended the application be denied because not enough specific information --Êsuch as a site plan and wetlands mitigation measures -- was included in Etnier’s proposal.

But Tuesday the developer, who has won praise for the appearance of his other installations, including several in nearby Cornett Heights, delivered an impressive presentation that ultimately caused the council to refer the application back to P&Z to see if some of the issues between the two sides could be worked out.

Etnier said there is a growing need for affordable housing in Cortez, pointing out that average wage-earners in this area can’t afford mortgage payments on a 1,500 square-foot site-built house and that manufactured housing, which starts in the $50,000 price range, gives them a chance to buy first homes.

He also argued that even while the demand for manufactured housing has increased to 40 percent of the building permits issued by the city over the past five years, land zoned for these residences has become increasingly scare.

"So far I haven’t been able to find any additional lots for sale in Cortez that will accept single-wides," Etnier declared in a written statement. "The need for affordable housing is one that is growing and will only get worse unless the city recognizes that need and works with developers to create these types of subdivisions."

He offered to donate several acres of the undeveloped land between his proposed community and the stick-built houses for a park that would provide a buffer zone and alleviate the concerns of declining property values, and to provide paved streets with curbs and gutters throughout his development.

Opponents remained unswayed, however, leading Etnier to later accuse them of being unwilling to seek any mutually acceptable compromise.

Garth Greenlee, who built his house on Edith Street six years ago, predicted Etnier’s project would be filled with renters within five years and "go to pot."

"He’s damaging me and I don’t want it," said Greenlee, who also expressed fears for his grandchildren’s safety in light of the expected increase in traffic on the area’s narrow streets.

Don Haley, who owns seven lots adjacent to the proposed development, challenged Etnier’s assertion that average wage earners can’t afford stick-built homes, pointing out that several currently under construction in the neighborhood are being purchased through a "sweat equity" program that provides families of limited means with this very opportunity.

"Don’t come in and rape and pillage and then move on down the road," he said, urging Etnier to develop affordable site-built houses instead.

Etnier proposed the council take a "straw vote" to give him some indication of whether, if he took the additional time and expense to address the wetlands, traffic and site-plan issues, he could ultimately expect approval of his rezoning application, but the council declined to do so.

Council member Darlene Denison then suggested that the application be sent back to P&Z so Etnier would have a chance to address these areas of concern and Bob Diederich strongly supported this approach.

Mayor Joe Keck said although providing adequate affordable housing is a legitimate goal, ensuring the "integrity of the land-use code" is also a fundamental concern.

"My gut (feeling) is that I’m going to have a tough time voting for a rezone," Keck said.

In other business, the council heard a rousing defense of Denison, who had been harshly criticized by Diederich and councilwoman Karen Garner recently for her allegedly obstructionist behavior.

Roy Fahsholtz, owner of a bed-and-breakfast, who has been at odds with the city for remodeling a garage into guest quarters without a building permit, in turn castigated her attackers.

"I have never known her to belittle anyone like you did," Fahsholtz angrily declared during citizen’s participation, describing Denison as "enthusiastic, straightforward and honest" as well as "the most educated person on the council" in matters of the charter and land-use code.

"You are supposed to look after citizens’ rights in this city," he added, although this often isn’t the case. "Darlene is doing that and looking out so that the council doesn’t step on our rights --Êyou are the bad guys."