HomeMy WebLinkAbout970859.tiff041
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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
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