HomeMy WebLinkAbout20150120.tiff HEARING CERTIFICATION
DOCKET NO. 2015-03
RE: CHANGE OF ZONE, COZ14-0005, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE E (ESTATE) ZONE DISTRICT (IN CONJUNCTION WITH RES14-0001)- LAKE
ARROWHEAD, INC., CIO ELMER LUNDVALL
DOCKET NO. 2015-04
RE: REQUEST FOR RESUBDIVISION, RES14-0001, TO DIVIDE TRACT A OF
ARROWHEAD SUBDIVISION, 4TH FILING, INTO TWO (2) LOTS (IN CONJUNCTION
WITH COZ14-0005)- LAKE ARROWHEAD, INC., C/O ELMER LUNDVALL
A public hearing was conducted on January 14, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated November 26, 2014, and duly published
December 1, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Lake Arrowhead, Inc., c/o Elmer Lundvall, for Change of Zone, COZ14-0005, from
the A (Agricultural) Zone District to the E (Estate) Zone District, in conjunction with a request for
Resubdivision, RES14-0001, to divide Tract A of Arrowhead Subdivision, 4th Filing, into two (2)
lots. Brad Yatabe, Assistant County Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, located in tract A of Lake Arrowhead Subdivision; citing staff received 14 referral
agency responses, 10 responded with no conflicts. The City of Evans provides water and
indicated no concerns. The subdivision was platted in 4 filings in the 1960s and 1970s
consisting of more than 100 lots, all zoned Agricultural. The size of tract A is over 10 acres,
served by municipal water, and consistent with the proposed E (Estate) Zone requirements
which are stricter with restrictions of only one animal per acre, 40 foot setback requirements,
and 20 foot for right-of-way. Staff has received three calls, and a letter, with concerns regarding
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drainage and future impact on surrounding property owners. The Planning Commission entered
a favorable recommendation.
la In conjunction with the Change of Zone, the applicants are applying for a resubdivision to
divide tract A into two 5.2 acre lots. A past application, submitted in 1998, for the same request
was denied for reasons of drainage, septic and impact on wildlife. Since it has been more than
five years, it is eligible for reconsideration. Tract A is a buildable lot and was reviewed by the
Utility Board which proposed several recommendations regarding drainage easements. Three
phone calls and a letter of objection were received with similar concerns as related to the COZ
presentation. Mr. Gathman reviewed the referral responses, conceded it is located in the MS4
area which may trigger specific requirements if developed and further stated staff recommends
approval of the RES application. He displayed photographs of the site and surrounding area.
El In response to Commissioner Conway, Mr. Gathman clarified more than half of the property
lies in the floodplain. He also referenced the area of the wetlands. There were 14 referrals sent
out and there were nine received with no conflicts, of which the City of Evans, Colorado
Department of Parks and Wildlife, and Johnstown/Milliken Fire Department had no concerns.
Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans, requirements, accesses and roads maintained by Weld County. The
applicant has an Access Permit #14-00300 for both locations. The site is in the MS4 area and
the floodplain, requiring a Flood Hazard Development Permit. Wernsman Engineering provided
a drainage narrative letter indicating splitting the lots should not negatively impact surrounding
property owners. Mr. Lane, resident, submitted a letter with concerns regarding additional
development as the area is already impacted by significant drainage issues resulting from a lack
of drainage design since inception. Public Works research uncovered an email from 2005 that
indicated maintenance of the lake is under the jurisdiction of Lake Arrowhead Water
Association, which she submitted for the record, marked Exhibit F. There may be additional
Development Standards from the Army Corp of Engineers.
la Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. The City of Evans will provide water and one tap agreement to the site. There are
Conditions of Approval regarding a second tap should the tract be divided. Staff is
recommending septic envelopes, professionally engineered septic systems, and regulations
regarding the setback from the lake. There are issues with topography and floodplain
restrictions to be considered.
El Eric Wernsman, Engineer, represented the applicant and stated the intent to rezone and
resubdivide into two residential lots making them more similar to surrounding lots. There are
asphalt accesses to both lots and each has a water tap designated. The applicant had a
geotech engineering firm conclude that septic is possible for both lots as both lots drain away
from current residents. Mr. Wernsman concurred that the E (Estate) zoning reduces the number
of animals and concerns about animal waste draining to surrounding properties. In response to
concerns regarding septic, he stated this would be alleviated with construction of engineered
systems. In response to Commissioner Conway, Mr. Wernsman addressed the concerns of the
owner of Lot 7, stating paving and raising of 37th Street increased drainage on the Peif property
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and the topography on the site goes to the north, not toward the Peif property. In response to
Chair Kirkmeyer, Ms. Petrik researched the buildable acreage available for each lot if divided
and Mr. Wernsman stated the main change since the 1998 denial is the ability to accommodate
engineered septic system.
Robert Lane, surrounding property owner, stated the terms of the two letters he submitted.
He expressed the drainage dynamics on his property and the development as a whole. Tract A
is the last remaining filter for the lake and previous development has resulted in 60% of the lake
being silted in. He suggested the floodzone be surveyed and fenced with access for the Fire
Protection District to battle any potential fires and clarified that Mr. Lundvall can presently build
a house and barn on Tract A and should not double the impact with a second residence and
accessories. He described current lake conditions, destructive drainage following storms, and
the fire hazard posed from overgrowth of cattails. He objected to further development and
requested protective measures regarding the floodplain and lake conditions. In response to
Commissioner Conway, Mr. Lane concurred the City of Evans considered annexation
approximately 10 years ago; however, it was deemed unprofitable to the City and the residents
were not interested in the taxes.
e In response to Chair Kirkmeyer, Mr. Wernsman returned and commented these lots
discharge directly to the floodplain, Elmer Lundvall, applicant, stated he did not previously
develop Tract A because he had plenty of others to build on. He said he constructed the lake 70
years ago and explained a past flood event resulted in silt from the farm north of West 37th
Street. He wanted to reiterate properties are on the slope downhill and if it doesn't pass, he will
build a house on one and a horse barn on the other.
In response to Commissioner Cozad, Ms. Petrik stated any development in the floodplain
requires a Flood Hazard Development Permit, and if this is approved, there are MS4
requirements and no additional stipulations for water quality features for residential uses at this
time. Commissioner Cozad requested further engineering to prevent drainage impacts to other
residents, issues with future development, and protection of the lake. Ms. Petrik gave the
dimensions of the acreage outside the floodplain and available for building.
El Responding to Chair Kirkmeyer, Mr. Gathman stated current zoning requirements support
approval of the COZ because it would be stricter and bring the property into compliance with
setbacks and animal unit restrictions. In response to Commissioner Cozad, Mr. Gathman stated
there was discussion concerning building envelopes; however, past experience indicates they
are often moved once the potential owner comes in.
Ei In response to Chair Kirkmeyer, Mr. Wernsman, on behalf of Lake Arrowhead, Inc., c/o
Elmer Lundvall, indicated they have reviewed, and agree to abide by, the Conditions of
Approval, for the Change of Zone.
Chair Kirkmeyer, confirmed she would support the Change of Zone based on staff
recommendations, however, she will not support the Resubdivision. Mr. Gathman stated the
applicant may not move forward with the Change of Zone without approval of the Resubdivision.
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Ii Commissioner Moreno moved to approve the request of Lake Arrowhead, Inc., c/o Elmer
Lundvall, for Change of Zone, COZ14-0005, from the A (Agricultural) Zone District to the
E (Estate) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. The motion was
seconded by Commissioner Cozad, and it carried unanimously granting the COZ.
L The Board considered the request for Resubdivision (RES14-0001) — Chair Kirkmeyer
stated she will not support the request for resubdivision for reasons of problematic drainage
history with no solution in sight and any additional development will exasperate the current
problems.
Commissioner Cozad also expressed concerns regarding drainage but with some
additional conditions for building envelopes and engineering, stated she can support the
resubdivision.
Commissioner Freeman agreed that he has concerns regarding limited space to build but
will support with further conditions.
Ei Commissioner Moreno expressed similar concerns with the floodplain issues and stated
he will not support the resubdivision at this time without further engineering studies.
E Commissioner Conway agreed with Commissioner Freeman regarding buildable space
and concured that with additional conditions regarding development, he would consider
supporting the resubdivision.
Fi Commissioner Cozad reiterated the importance of the building envelopes keeping the
development of structures out of the floodplain and how this will address the water quality
issues regarding the lake.
Chair Kirkmeyer requested additional language regarding the building envelopes.
e Mr. Gathman suggested it be added to Condition of Approval #1.D.7.
• Ms. Petrik clarified with Commissioner Cozad the suggestion to add conditions for a water
quality feature and drainage easement in relation to the building envelopes based on
engineering reports and drainage study.
Ms. Petrik suggested a new Condition of Approval, #1.D.8, to read as follows: "Show the
accepted water quality feature on the map with volume and label as 'Water Quality Feature no
build storage area' with required approval of staff'. Concurrently add another Condition of
Approval, #1.G, to state: "A final drainage report and certificate of compliance both signed by a
professional engineer registered in the state of Colorado is required."
Commissioner Freeman communicated his concern over the Conditions of Approval for
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the applicant in light of no drainage restrictions for the rest of the subdivision.
Chair Kirkmeyer agreed with Commissioner Freeman's concerns and addressed the
applicant to see if he had any concerns or questions regarding the additional conditions.
El Chair Kirkmeyer recessed the hearing at 12:50. Upon reconvening at 1:30 p.m., Chair
Kirkmeyer reviewed the changes previously discussed and Ms. Petrik reviewed the language.
In response to Chair Kirkmeyer's request to the applicant regarding any questions in light
of the amended Conditions of Approval to the request for Resubdivion, Mr. Wernsman stated
Mr. Lundvall wishes to withdraw the RES application. Responding to Chair Kirkmeyer,
Mr. Yatabe stated a request to withdraw may be done verbally for the record without a formal
written request. In response to Commissioner Conway, Mr. Wernsman confirmed the
applicant's wish to withdraw because of the additional building envelopes and drainage
considerations which hinder the sale of the lot. Upon conferring with Mr. Lundvall, Mr.
Wernsman confirmed the applicant still intends to withdraw.
E Commissioner Moreno moved to accept the request of Lake Arrowhead, Inc., c/o Elmer
Lundvall, to withdraw the application for Resubdivision, RES14-0001, to divide Tract A of
Arrowhead Subdivision, 4th Filing, into two (2) lots (in conjunction with COZ14-0005). The
motion was seconded by Chair Kirkmeyer for the purpose of discussion.
El Commissioner Conway stated he can sympathize with the applicant for not wishing to
take on the burden of a higher standard and an unknown liability for the overarching drainage
problems in the area. There being no further discussion, the motion carried unanimously.
E Mr. Wernsman also requested to withdraw the request for the Change of Zone application.
Commissioner Cozad moved to reconsider the COZ. Upon a point of clarification, Chair
Kirkmeyer stated if reconsider then also have to make findings of fact as to why to deny.
Mr. Wernsman stated Mr. Lundvall still wants to withdraw the COZ request and revert back to
the A (Agricultural) Zone District.
.El Commissioner Cozad moved to accept the applicant's request to withdraw the application
of Lake Arrowhead, Inc., do Elmer Lundvall, for Change of Zone, COZ14-0005, from the
A (Agricultural) Zone District to the E (Estate) Zone District. The motion was seconded by
Commissioner Freeman. Commissioner Conway clarified for the public that reverting the zoning
back to the Agricultural Zone District will allow the increased amount of animal units and other
uses that were points of concern.
There being no further discussion, the motion carried unanimously and the hearing was
completed at 2:00 p.m.
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This Certification was approved on the 19th day of January, 2015.
BOARD OF COUNTY COMMISSIONERS
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