HomeMy WebLinkAbout980443.tiff HEARING CERTIFICATION
DOCKET NO. 98-13
RE: MINOR RESUBDIVISION OF TRACT "A" OF ARROWHEAD SUBDIVISION 4TH FILING
INTO TWO LOTS - LAKE ARROWHEAD INC., c/0 CHARLES KAROWSKY
A public hearing was conducted on March 11, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Shani Eastin
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 17, 1998, and duly published February 25,
1998, in the Platteville Herald, a public hearing was conducted to consider the request of
Arrowhead Subdivision, Inc., for a Minor Resubdivision of Tract "A" of Arrowhead Subdivision, 4th
Filing, into two lots. Bruce Barker, County Attorney, made this a matter of record. Shani Eastin,
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. Ms.
Eastin explained there are wetlands on the property; however, there is adequate room to build on
each half. The property to the east will access onto Pawnee Drive, and the property to the west
will access Kiowa Drive. Ms. Eastin recommended additional verbiage be added to condition 1.i.
as follows: "Prior to the construction on either Lot Al or A2, a permit for culvert location and type
shall be obtained from the Weld County Public Works Department." In response to Commissioner
Baxter, Ms. Eastin stated neither the City of Greeley nor Evans indicated concerns. Responding
to Commissioner Kirkmeyer, Ms. Eastin stated Tracts 1 and 2 are approximately 5 acres in size;
however, when the wetland areas are excluded, approximately 2 acres remain on which to build.
Mr. Barker stated Minor Subdivisions discussed under Section 8.2 of the Subdivision Ordinance
deal with the vacation of roads; however this request is actually a small Resubdivision in
compliance with Section 8.4 of the Subdivision Ordinance which does not require the plans be
reviewed by the Planning Commission before appearing before the Board.
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Mike Thomas, representative of the applicant, stated this 10-acre tract is better suited as two
separate building sites due to the physical characteristics which make it difficult to access one side
from the other. Construction is proposed to take place at the extreme east and west ends, leaving
the wetlands in the center. Mr. Thomas estimated the individual building sites to be 1.5 to 2 acres
in size. In response to Commissioner Kirkmeyer, Trevor Jiricek, Health Department representative,
stated this is enough room to build a house, septic system, and leech field. Responding to Chair
Harbert, Mr. Jiricek stated the applicant indicated they had perk tests done on the site; however,
he had not reviewed the test results and explained the property to the east is considerably lower
and might require an engineered septic system.
John Cowart, adjacent property owner, stated when he bought his property, he was told Tract A
was planned as a golf course; however, no documentation showing a golf course was found. Mr.
Cowart stated due to sediment and lack of maintenance, the lake is currently half the surface area
it was when he arrived; however, the increased wetlands have attracted more wildlife to the area.
Mr. Cowart also stated he recently replaced his leech field and indicated engineered septic systems
on the proposed sites are questionable. In response to Commissioner Webster, Mr. Cowart stated
the lake pumps do lower the level of the lake; however, he is not sure the gate works. He added
if houses had been present at the proposed sites last year during the flooding, they would have
been in the water. In response to Commissioner Baxter, Ms. Eastin stated she found no recorded
information regarding a golf course or any other use.
Albert Peif, adjacent property owner, explained he built his house in 1975 and his yard is only 25
feet from the lake. Mr. Peif expressed concerns regarding damage to the drainage ditch he
constructed with approval from Mr. Karowsky, and loss of access to his backyard if a house and
septic system are constructed where indicated. He stated he was told Tract A was a wildlife
refuge. Mr. Peif explained the physical features of the area and stated if a house is built on the
east half of Tract A, the leech field will have to go uphill.
Tonya Strong-Mewhourn, adjacent property owner, expressed concerns regarding damage to the
wetlands. Ms. Strong-Mewhourn stated construction on the two sites will fill in portions of the
wetlands to make room for septic systems. Ms. Strong-Mewhourn explained the wetlands which
house numerous types of birds and wildlife in the area must be protected.
Mr. Thomas responded to public input by stating the applicant has agreed to the requests of the
Utility Advisory Board to provide a 15-foot drainage and utility easement to the back of the property,
as well as one between the two sites, one along the road, and one by the cul-de-sac. Mr. Thomas
indicated he did not think the applicant is responsible for providing an access for Mr. Peif other than
drainage and utility easements. The applicant has agreed to install culverts under the driveways,
and accepts the additional note to be added to the plat which requires the septic systems be
approved by the Weld County Health Department. Mr. Thomas estimated one third of each half
of Tract A is suitable for construction. In response to Commissioner Baxter, Mr. Thomas stated
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HEARING CERTIFICATION - LAKE ARROWHEAD INC., C/O CHARLES KAROWSKY (S #443)
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no drainage study has been conducted. Responding to Commissioner Kirkmeyer, Ms. Eastin
stated Section 7.3.6.8 of the Weld County Subdivision Ordinance should not have been included
in staff comments because there is no drainage or stormwater management plan for the
subdivision. Don Carroll, Department of Public Works representative, stated he is not aware of a
drainage plan being used after last year's flooding. Mr. Carroll stated prior to paving the Local
Improvement District, it was agreed that no drainage would be included in the district. Ms. Eastin
clarified Section 7.3.6.8 should not be included; however, a drainage plan can be required of the
applicant for the two lots of Tract A. Responding to Commissioner Kirkmeyer, Mr. Thomas stated
there is an agreement to maintain drainage and added he would have to speak to the applicant
regarding an agreement with Mr. Peif to make sure his ditch remains undisturbed. Commissioner
Webster stated the ability to lower the lake other than relying on the spillway is necessary to protect
houses built in Tract A. Responding to Commissioner Kirkmeyer, Mr. Thomas stated Mr. Karowsky
indicated no other use for Tract A. In response to Commissioner Hall, Mr. Jiricek stated an
engineered septic system can work almost anywhere depending on how much expense is involved.
In response to Commissioner Kirkmeyer, Ms. Eastin stated the first filing was recorded in 1963, and
added the only indication for the use of Tract A is that two addresses were assigned to it.
Commissioner Webster moved to approve the request of Lake Arrowhead Inc., % Charles
Karowsky for a Site Specific Development Plan Minor Resubdivision of Tract "A" of Arrowhead
Subdivision 4th Filing into two lots. The motion was seconded by Commissioner Baxter; however,
he stated his approval is conditional on whether the applicant submits a drainage plan.
Commissioner Webster amended his motion to included the condition to submit a drainage plan.
Mr. Barker clarified the motion should also include Conditions 1.i and 2.b. Ms. Eastin read verbiage
of Condition 2.b. as follows: "A storm water and drainage plan shall be submitted to the Department
of Planning Services for review and approval by the Weld County Public Works Department."
Commissioner Kirkmeyer stated her reasons for voting against the request included no specific
definite perimeter easement being indicated; uncertainty of a drainage plan; the need for an
envelope for a leech field; the need for an agreement for maintaining Mr. Peifs drainage between
his property and Tract Al; the impact on the wildlife, its habitat, and the lake. She added it was
unfortunate the applicant was not present to answer questions. Commissioner Webster clarified
the applicant was unable to attend due to medical reasons, he feels the impact to the habitat will
be minimal due to watching it adjust over the years, and because staff has recommended approval
with a few problems to be worked out further by the Planning and Public Works Departments he
will vote in favor of the request. Commissioner Hall explained he would be voting against the
request due to concerns with the septic systems and the uncertainty of the use of Tract A. Chair
Harbert stated she would be voting against the request due to concerns over the septic systems.
Upon a call for votes, Commissioners Baxter and Webster voted in favor of the request, and
Commissioners Hall, Kirkmeyer, and Harbert, voted against the request. Chair Harbert declared
the request denied based on a 3 to 2 vote.
980443
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HEARING CERTIFICATION - LAKE ARROWHEAD INC., C/O CHARLES KAROWSKY (S #443)
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This Certification was approved on the 16th day of March, 1998.
APPROVED:
ATTEST: ' , / / BOARD OF COUNTY COMMISSIONERS
W( EJ� COUNTY, COLORADO
Weld Count le�ktplh� mar" PLi�ST�,- o ,)BY:
g Const ce L. Har rt, hai
Deputy Cle gljeA3- R
-- W. I-. W bster, Pro-Tern
TAPE #98-07
orge . Baxter /<f
DOCKET#98-13
Dale K. Ha
Barbara J. Kirkmeyer
980443
SUBD Arrowhead
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 11TH DAY OF MARCH, 1998:
DOCKET#98-13 - LAKE ARROWHEAD INC. C/O CHARLES KAROWSKY
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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