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HomeMy WebLinkAbout970859.tiff041 Wi�Yc. COLORADO April 25, 1997 Charles Karowsky 1800 23rd Avenue Lane Greeley, CO 80631 Dear Mr. Karowsky: OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE: 970-356-4000, Ext. 4200 Fax: 970-352-0242 P.O. Box 758 GREELEY, COLORADO 80632 On January 20, 1997, the Board of County Commissioners considered your request to divide Tract "A" of Arrowhead subdivision into two separate lots. At that time, the Board unanimously required the property to undergo a change of zone prior to subdivision. Shani Eastin, Department of Planning Services, followed this decision with a letter sent to you on January 20, 1997. Additionally, the board received correspondence from you (March 12, 1997) requesting a further revisit of the prior decision. After looking at the uniqueness associated with this case, the board reversed its decision. It is not going to require a change of zone prior to subdivision. The requirements of the subdivision process are described in Section 8.4 of the Subdivision Ordinance, as amended. Prior to the release of building permits, the requirements of this section must be met. I have attached the appropriate procedural guide. It should answer any concerns and questions you may have about the subdivision process. If you have questions, please call Monica Daniels -Mika, Planning Director, at 353-6100, extension 3540. Very truly yours, BOARD OF COUNTY COMMISSIONERS '7aGeorg g. Baxter, Chair cc: Monica Daniels -Mika 970859 LAKE ARROWHEAD, INC. CHARLES A. KAROWSKY 822 SEVENTH STREET, SUITE 760 GREELEY, CO 8063 I TELEPHONE: 303-352-3 16 I March 12, 1997 Weld County Board of County Commissioners Weld County Courthouse Greeley, CO 80631 Dear Ladies and Gentlemen of the Board: In the late 1960's and early 1970's, Lake Arrowhead, Inc., a Colorado Corporation, of which I was then and am now an officer and shareholder, engaged in the development of 320 acres into a residential subdivision, which involved the creation of a 35 acre lake. The land involved was the North Half of Section 27, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. The engineering firm that did the platting was known as Nelson, Haley, Patterson & Quirk. At the time the plat for the fourth filing of Arrowhead Subdivision was prepared, the engineers were unable to determine what portion, if any, of what is described on the enclosed map as Tract A, consisting of 10.677 acres, could be used for residential development purposes, along with the other lots in what are now Blocks 8 and 9 of Fourth Filing. The problem they had to deal with was what portion of Tract A would be inundated by the lake or would be too soggy to develop. The engineers decided it would be appropriate to designate the area as Tract A with the view that as time passed and it became apparent what portion of the land could be used for development purposes, separate lots could be created. It so happens that the major part of Tract A immediately adjacent to Blocks 8 and 9 of Fourth Filing is on high ground and is untouched by the Lake, with domestic water taps reserved and with access from the cul-de-sac described as Kiowa Drive. It might be helpful to bring to your attention that better than 80% of Arrowhead was engineered and platted prior to the time that there were any county zoning requirements or planning department. It was assumed by the engineers and by those of us in Lake Arrowhead, Inc., perhaps naively, that when the time came that development of Tract A could be realistically determined, it would be a simple process to plat the same and submit for approval. Weld County Board of County Commissioners March 12, 1997 Page 2 Of recent date, inquiry has been made of Lake Arrowhead, Inc. concerning the availability of Tract A for residential purposes. Lake Arrowhead determined that it would be appropriate to subdivide Tract A into two lots of approximately 5 acres each. It was and is our intention to place protective covenants on record that will be identical to the remainder of the lots in Arrowhead. These covenants will more than adequately protect all of the lot owners presently in the subdivision and the new lot developers from any improper or inappropriate use of the land. In order to avoid the expense and time involved in seeking a change of zone procedure and an application for the resubdivision process, a request was made that Lake Arrowhead be exempted from the change of zone procedure and only be obliged to apply for the resubdivision process. A Memorandum dated January 8, 1997 was submitted to you by Shani L. Bastin, a "current planner" which indicated Lake Arrowhead's request and which concluded that the Department of Planning Services staff is requesting that Lake Arrowhead adhere to all Weld County rules and regulations and apply for a change of zone to estate and then a resubdivision to split the lots into two separate parcels. Apparently you as commissioners, routinely indicated a denial of the request and it is my understanding there was no informal hearing before you by members of the Planning Commission. I requested an interview with Monica Daniels -Mika, Director of the Department of Planning, and asked her if there was an appeal procedure available. She encouraged me to write this letter directly to you and assured me that she would not consider such action as "going over her head" which I would be and am most reluctant to do. I am hard pressed to understand what benefits would accrue to Weld County and its planning by requiring the burdensome rezoning process and what detriments would accrue to the County if the exemption we are requesting was granted. I respectfully request an opportunity to appear before you and answer any questions you may have. If you are reluctant to grant my request for a hearing, I would urge you to discuss this matter with Ms. Daniels -Mika before you act on the request. So that she may be fully informed, I have furnished a copy of this letter to Mrs. Mika in order to be assured that I have not misstated her position. Your consideration would be most appreciated. CC: Monica Daniels -Mika Enclosure (Lake Arrowhead map) Very truly yours, LAKE ARROWHEAD, INC. 7 brif J4.(r Charles A. Karowsky COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (970) 3536100, EXT:3540 FAX (970) 3526312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 January 20, 1997: Pickett Engineering Company Attn: 'Kris Pickett 210 Bznk One Plaza 822 7th Street Greeley, CO 80631 Subject: Tract A of Arrowhead Subdivision Dear Mr. Pickett: The Department of Planning Services and the Weld County Board of County Commissioners has reviewed your request to divided Tract A of Arrowhead Subdivision into two separate lots. The Board of County Commissioners reviewed your request to exempt this process from the change of zone procedure. The Board of County Commissioners determined that you would need to adhere to Section 8.4 of the Weld County Subdivision Ordinance which includes the change of zone procedure. If you have additional questions please call or write me. Shari L. Eastin Current Planner pc: Arrowhead Subdivision Case File Monica Daniels -Mika, Director, Department of Planning Service, Teamwork, Integrity, Quality MEMORANDUM hiDe COLORADO TO: Board of County Commissioners January 8, 1997 From: Shani L. Eastin, Current Planner SUBJECT: Request to Divide Tract A of Arrowhead Subdivision The Department of Planning Services received a letter from Kris Pickett on behalf of Charles Karowsky requesting an exemption from the Weld County Subdivision Ordinance. Mr. Pickett is requesting that Tract A of Arrowhead Subdivision, which is zoned A (Agricultural), be divided into two separate parcels. Tract A is currently 10.67 acres in size. The request is to divide the parcel into two lots of approximately 5 acres a piece. The current procedure used in dividing a lot in an existing agricultural zoned subdivision is to: 1) Change the Zone district to adhere to the Weld County Zoning and Subdivision Ordinance, and 2) Apply for the resubdivision process as described in Section 8.4 of the Weld County Subdivision Ordinance. The applicant is requesting that they be exempt from the change of zone procedure and only apply for the resubdivision process. The Department of Planning Services staff is requesting that this applicant adhere to all Weld County Rules and Regulations and apply for a Change of Zone to Estate and then a resubdivision to split the lots into two separate parcels. Please check one: George Baxter Connie Harbert Dale Hall Barbara Kirkmeyer Bill Webster Approve Request Weld County Planning Dept. JAN 1 C, 1997 R,:E Deny Regwest SERVICE, TEAMWORK INTEGRITY, QUALITY Work Session Hello