HomeMy WebLinkAbout20150118.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Lake Arrowhead Inc. - Lundvall Case Number COZ14-0005
Submitted or Prepared
Prior to At
Hearing Hearing
PC Exhibits
1 Letter from Robert Lane X
2 1998 Resubdivision Resolution and Hearing Certificate X
I hereby certify that the 2 items identified herein was submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Chris Gathman Planner
EXHIBIT
5141 Pawnee Dr.
Greeley, CO 80634 LdZ)
December 2,2014
Weld Planning Commission
Weld Board of County Commissioners
1150 O St
Greeley, CO 80634
Dear Sirs:
Lake Arrowhead is important to approximately 167 residents. Not only is the water used for the
irrigation of yards,trees and pastures, but its appearance is important to the subdivision property
values. The lake's maintanance was never a consideration for the developer, and as a result the lake has
become greatly silted in from large thunderstorms and the ensuing runoff. Now the developer wants to
rezone the last remaining filter for the lake without any regard to the impact it will have. I strongly
believe that the stripping away of the vegetation and flattening off of land surfaces on a steep lot will
greatly increase erosion and sedimentation, give rise to runoff in gas, oil, fertilizer and herbicide and an
increase trash and manure deposits. Tract A was zoned agricultural for a reason.
The Lake Arrowhead Subdivision was developed with the bare minimum requirements that Weld
County would permit back in the 1950's. As a result we have major problems with storm water runoff,
erosion, and the debris it brings. No ditches or culverts were installed in the Lundval development. It
was left up to the individual lot owner to do what they saw as necessary or could afford(probably the
same scenerio that will happen with the new owners of Tract A.) As a result we have a hodge-podge of
drainage plans. Some people don't have ditches, some have ditches that flood their neighbors, others
have ditches that don't drain at all attracting not only mosquitos, but ducks too. There was no drainage
plan for large rain events. Except everything downhill to the lake. Could that be why Tract A was
designated agricultural?
When Lake Arrowhead was slightly developed the flooding problems were not as evident because we
had lots with tall grass to slow and filter the storm water. Now that all the residential lots have been
built on,the short sightedness of the development is plain to see. When we moved to 5141 Pawnee
Drive in 1998, the two lots above us were not developed. Now thre are two homes with horses on
those lots. After the first large rain with only the adjoining lot having been built on,we had a surge of
horse manure come down 40 feet wide, 10 inches deep, 60 feet into our property. When I talked to the
homeowner I was told, "Ha,ha free fertilizer and if you don't like it you're going to have to move."
When I talked to the homeowners association president about enforcing the covenants I was told we
really don't want to get involved,try to work it out with your neighbor. When I talked to the Weld
County Planning and Zoning, I was told to talk to the Weld County EPA. When I talked to the EPA, I
was told to go back to Planning and Zoning. When I got upset I was told that we have better things to
do than to get involved in a horse manure runoff problem. The only person who would help us was a
County Commissioner. He got the ball rolling and the horses were removed until a plan was developed
and implemented. A two foot cinderblock wall was constructed between our properties, and the
neighbor's hope pen was contoured to hold water and redirect it to Tract A. The plan works great as
long as we don't get more than %inch of rain. Between%and 1'%inches of rain,the water runs out the
south end of the wall leaving manure sitting in my driveway and ditch. Or,it goes out the north end
into Tract A. If the rain comes down quickly it comes over the top of the wall forming a beautiful
manure waterfall that will sometimes pour over for 15-20 minutes. In 2013 we had three such events.
After the worst rain I had to remove eight trash cans of manure with plenty still wedged in narrow spots
and embeded in the rocks. Like the EPA and Greeley Planning and Zoning my neighbors assign
responsibilities to each other. In a normal year I have one to two manure events. From now on, I will
dump all manure in the street until my homeowners association does something about it.
When we get 11/2 to 2'A inches of rain all hell breaks loose. I will get knee deep water running through
parts of my property with all sorts of debris on its way to Tract A. 37th Street will flood and be shut
down by the Evans Poice. It is evident from my problems that no one wants to take responsibility or
get involved. Solutions are slow to come and often times don't work. Creating a burm or wall on Tract
A won't help. Leaving a 10, 15, 20 foot strip of grass won't help because the volume and speed of rain
water on a 20-25 degree slope will just blow through it. A blind man can tell you that the development
of Tract A is a problem waiting to happen.
Another problem Lake Arrowhead has is a very high water table. The closer you are to the lake,the
greater the problem. My neighbors to the south had to replace the steps in their basement due to
repeated flooding. They wanted the county to remove trees that grew up in the ditch that were blocking
water drainage and causing year round standing water due to other neighbors sump pumping water into
the ditches. I was asked to come over to explain my problems. The engineer told us that our
subdivision was a total mess and until we developed a storm water removal plan, dug appropriate
ditches with 10 inch culverts the county would not touch anything. He said by removing the trees they
could adversely affect ten other homes down hill. I disagree with him. We do have a storm water
removal plan. It's everything downhill to the lake. That's why Tract A was designated agricultural. I
want to emphasize that it was a county engineer that came out. What I find to be ironic is that a county
engineer, an expert in his field finds the runoff situation to be so precarious in Arrowhead that he
cannot remove a stupid tree from a ditch. But, less that 300 feet from that tree in a more steeply sloped
area we are considering the rezoning and eventual denuding of 15 acres.
Before making a decision please come out and tour this greedy and ill conceived plan to develop this
lot. I am available for free tours. My name, address and phone number are given.
Please remember that just because something is legal doesn't make it a good idea. It's only a matter of
time before we have another big storm and there will be consequences and headaches. Do you want to
be a part of this,I don't. Sixty years ago some smart individuals zoned Tract A agricultural for a
reason!
Sincerely,
I� //�,,�"�
Ati2—
Robert Lane
Lake Arrowhead Resident
970-330 -C2,?‘
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING MINOR RESUBDIVISION OF TRACT"A"
OF ARROWHEAD SUBDIVISION 4TH FILING INTO TWO LOTS-LAKE
ARROWHEAD INC.,CIO CHARLES KAROWSKY
WHEREAS,the Board of County Commissioners of Weld County,Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,the Board of County Commissioners held a public hearing on the 11th day
of March, 1998, at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of
hearing the application of Lake Arrowhead Inc.,%Charles Karowsky, 1317 15th Avenue,
Greeley, Colorado 80631,for a Minor Resubdivision of Tract"A"of Arrowhead Subdivision 4th
Filing into two lots on the following described real estate,to-wit:
Tract"A"Arrowhead 4th Filing,Weld County,
Colorado West of the 6th P.M.
WHEREAS,Mike Thomas,represented said applicant, and
WHEREAS,Section 4.5.16 of the Weld County Subdivision Ordinance provides
standards for review of said Minor Resubdivision,and
WHEREAS,the Board of County Commissioners heard all of the testimony and
statements of those present,studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter, and,
WHEREAS,pursuant to the Weld County Home Rule Charter,Article 3, Section 3-13,
the concurrence of three of the members of the Board is required to approve a Resolution,and
WHEREAS,the motion to approve said Minor Resubdivision received only two votes
and therefore failed;the effect of the failure to obtain a majority vote is a denial of the motion.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Weld County,Colorado, that the Minor Resubdivision of Tract"A"of Arrowhead Subdivision,
Fourth Filing,into two lots, requested by Lake Arrowhead Inc.,do Charles Karowsky, be,and
hereby is, deemed denied.
CL: PI- I App!. I Thomas
980435
SUBD Arrowhead
EXHIBIT
• ( - par
MINOR RESUBDIVISION-LAKE ARROWHEAD INC.,C/O CHARLES KAROWSKY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,adopted
by the following vote on the 11th day of March,A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: n �
'
• (NAY)
a /'„1': �' Constance L. Harbert,Chair Cou ,�Cl
` t6 '
BY: D W. o.T i� YE
Deputy CI.
orgi Baxter (AYE)
APP A RM: 4
Dale K. Hall (NAY)
ountyAttor ey hi
J % ` /
cuiAli k rJ(_/.2/Tt-�y:C4L- (NAY)
Barbara J. Kirkmeyer (/
980435
SUBD Arrowhead
HEARING CERTIFICATION
DOCKET NO.98-13
RE: MINOR RESUBDIVISION OF TRACT"A"OF ARROWHEAD SUBDIVISION 4TH FILING
INTO TWO LOTS-LAKE ARROWHEAD INC.,5'o 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.
Cc: Pt
980443
SUBD Arrowhead
HEARING CERTIFICATION-LAKE ARROWHEAD INC., C/0 CHARLES KAROWSKY(S#443)
PAGE 2
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
980443
SUBD Arrowhead
HEARING CERTIFICATION-LAKE ARROWHEAD INC., C/O CHARLES KAROWSKY(S#443)
PAGE 3
no drainage study
stated Section 7.3.6.8 of thev r r
Weld County Subdivision Ordnance'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 staled 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.Pelf 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. Pairs 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.
880443
SUBD Arrowhead
HEARING CERTIFICATION-LAKE ARROWHEAD INC., C/O CHARLES KAROWSKY(5#443)
PAGE 4
This Certification was approved on the 16th day of March, 1998.
APPROVED:
ATTEST: < BOARD OF COUNTY COMMISSIONERS
WEQ COUNTY, COLORADO
Weld Count e,164:air p �•t
BY, r�•1 Count ce L. ar rt, hair
Deputy de
TAPE#98-07 W .W bster, Pro-Tem
DOCKET#98-13
orget. Baxter
Dale K. Ha
Barbara J. Kirkmeyer
980443
SUBD Arrowhead
Hello