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Home My WebLink About20150132.tiff EXHIBIT INVENTORY CONTROL SHEET Case RES14-0001 - LAKE ARROWHEAD, INC., C/O ELMER LUNDVALL Exhibit Submitted By Description A. Planning Services PowerPoint Presentation B. Robert Lane Letter of Concern C. Planning Services 1998 Resubdivision Resolution and Hearing Certificate D. CDS Engineering Letter re: Percolation Exploration E. Eric Wernsman Map F. Public Works May 24, 2005 email G. H. J. K. L. M. N. Q. P. Q. R. S. T. U. V. W. 2015-0132 I. I. .. c fie ! 1.tia if If Olt - f _ • A 4.• A IP as. 41 I ` 4, ill i• . I i • 1 CS 'fir yfdt 4+ r 044 .. 49.1Ak 1µ 4'. Iditi Ott I , _ r f 144 I i 4.,. 4 is IS ir, it 1,4 If 1 - „ g i .. I & or i 41 _ , cis I 1 i y•: . 5 I b fit' c U `i b 41.' I t i ! I ; i IN: ; t ii I il r s 1 - s 1a It , • I .. - - - ,,. ii.wigilli �r • ., I ..... ill , i ; , !i:: ra. . hisJ 44 • 4. ill! t f # I ! 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IIWes 4 a_ :�� y a. _ lh— IIPOI.k." • -S a vrems. at . . • .. it ' i _ liltif 4 r - , , - , * 84,-,i 4'. � • -: y 1 .� ` !t • • �. : � , , rat c4-f 11/4• r i Ilk _ • ...^ II. w` 11/4 $.40 T girtblight Alt to lb at 4 • 33.E 1 '� • '� ; �! • 1 • . . Pilli. : .... • I 4.. ' r , 1 gill a IS • • sr _ ' ato a, . 1 •, •• _ •. '( 'i .1 solo w1 I s?E r` 1 1� ',ilk 1 i I, . , ! 11 ' . 4 1 • • 14 + iV .r■t • 7 . 4. ! ‘,1 If • '• tilt \ , EXHIBIT 5141 Pawnee Dr. Greeley, CO 80634 E — . 00 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 hog'e 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 '/2 inch of rain. Between % and 1 '/2 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 1 %2 to 2%2 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 burin 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. Mother 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, Robert Lane Lake Arrowhead Resident 9 70 -330 -?22 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., c!o Charles Karowsky, be, and hereby is, deemed denied. �� P,- ; ppi. ; 77,on,a s 980435 SUBD Arrowhead EXHIBIT I ___ • l 4 100 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 l WELD COUNTY, COLORADO ATTEST: �I�.S I,+�� .�� /' �► , :. � . rv' . (NAY) Weld Cou :�) : Constance L. Harb rt, C air • / kz '& 1i)AiE) BY: % .►. :i1� W. sler, o-T Deputy C� (AYE) org . Baxter APP A RM: J Dale K. Hall (NAY) • unty Attor ey li _✓�4° , .L (NAY) Barbara J. Kirkmeyer 980435 SUED Arrowhead HEARING CERTIFICATION DOCKET NO. 98-13 RE: MINOR RESUBDIVISION OF TRACT "A" OF ARROWHEAD SUBDIVISION 4TH FILING INTO TWO LOTS - LAKE ARROWHEAD INC., 56 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-Tern 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. eL 980443 SUED Arrowhead HEARING CERTIFICATION - LAKE ARROWHEAD INC., C/O 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 staled 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 Pelf, 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 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. 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. Pelf's 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 SUBD Arrowhead HEARING CERTIFICATION - LAKE ARROWHEAD INC., C/O CHARLES KAROWSKY (S #443) PAGE 4 This Certification was approved on the 16th day of March, 1988, APPROVED: ATTEST: ► ��= ;NI / BOARD OF COUNTY COMMISSIONERS ,f : tlr ` • WE COUNTY, COLORADO Weld Count a k,t • , •; - - BY: Const ce L Har rt, hai Deputy - CIS• . _' / TAPE #98-07 - ~ W • W bster, Pro-Tem DOCKET #98-13 or9e Baxter Dale K. Ha - f Barbara J. Kirkmeyer 980443 SUBD Arrowhead CDS Engineering Corporation January 9, 2014 Mr. Elmer Lundvall PO Box 632 Greeley, CO 80632 RE: Tract A, Arrowhead 4`h Filing, Weld County, Colorado CDS Project No. 14-6836 Dear Elmer, On March 19 and 20, 2014, we conducted preliminary percolation explorations at two (2) different locations at the above referenced site. The purpose of these tests was to determine the type of on-site wastewater disposal system that would likely be required at this site. Based on the results of our exploration, it is our opinion that a mounded Evapotranspiration absorption system or low pressure drip system would be suitable at this site. Per Weld County Regulations, the field must be placed a minimum of 100 feet from the wetlands area. There do not appear to be other requirements that would interfere with the proposed construction of an on-site wastewater disposal system at this site. If you have any questions concerning this information, please contact our office. Respectfully, Full tt FOR AND ON BEHALF OF CDS ENGINEERING CORPORATION -d0 C RE I €•• O C)... \\4 GSTF •▪ Y 38387 Kevin F. Becke *j. ' SS/ONAl_ 165 2nd Street S.W. • Loveland . CO 80E ' ?70) 667-8010 • Fax (970) 667-8024 • www. cds-eng . net XIS - 012/1- i iii 'a . . # c -: 1 li 6 IL & A a 1 , : ! • dr t ii 1 ' X 1.1....\ ..,..i• r, r W .ar iseseas • tort = car . m / Sara \,,, I I ii . dil lir ? . i . 1 , + I • i dAir firi1 , 4 " . elle.". I illilliiiiillici I 4 %. -111111: Ow % . se I 11, 'tom •R Ls q i di, . . • r .. , it • , 4/. . . , ■ 4 a ti li •R ,. coiris ell' it: lir il . . n .... T ,/ , .. . ... f ill/ � M, . . : • italic:4 c rc.7. 4., Iit I di P I I ii , iI ? A ■ ' Forest Floor Pa ge 1 of 2 Donald Carroll From: Peter Schei Sent: Tuesday, May 24, 2005 2: 12 PM To: Peter Schei; Frank Hempen; Keith Meyer; Donald Carroll; Wayne Howard; Cameron Parrott; Dean Dreher; Ted Eyl; Leon Sievers; Tracy Dyer; Josh Holbrook; Kelly Jenkins; Jesse Trujillo; Jeff Jerome Cc: Lee Morrison Subject: RE: Arrowhead Subdivision - flood hazard complaint Importance: High Good Afternoon, Staff: A special thank you to Ted Eyl, who provided excellent information wit Lake Arrowhead: Lake Arrowhead Water Association, Inc. = Dwight L. Giles (owner State of Colorado - Deputy State Engineer = Jack G. RE., ative) Byers,y303-866-3581 Colorado Water Conservation Board = Tim Feehan (State Funding Representative) 303-866-3441 State of Colorado - Design Review Engineer = Mark Haynes (State Dam Safety Representative) 303- 866-3581 Boyle Engineering Corporation = Edwin A. Toms, P.E. (construction manager) 303-987-3443 Infoiniation was taken from April and May Construction Report for Arrowhead Dam Rehabilitation Project, June 15, 20O4. It is clear that the lake is under the jurisdiction of the Lake Arrowhead Water Association. Since the lake is owned by Lake Arrowhead Water Association, I will have Mr. Stewart Sheldon contact them with his concern. I will give the owner representative's name to Stewart and any other contacts listed above he desires. The official response will be: "Lake Arrowhead is not under the jurisdiction of Weld County Public Works. It is our findings that the lake is under the jurisdiction of the Lake Arrowhead Water Association, Inc. with Dwight L. Giles being the owner's representative." Please let me know if anyone finds this unfavorable, otherwise I will contact Stewart tomorrow (Wednesday, May 25th). Thank you! Enjoy your evening, Peter. Peter SCHEI, Public Works Department Weld County ( 111 - H Street Greeley, CO 80632 G'heItCt;z't}.1!t'el ['fl. PAS "Making the County a better place to do business" EXHIBIT 5/24/2005 I XC s / y - C?c'c.> Forest Floor Page 2 of 2 "Making the County a better place to live" From: Peter Schei Sent: Monday, May 23, 2005 3:27 PM To: Frank Hempen; Keith Meyer; Donald Carroll; Wayne Howard; Cameron Parrott; Dean Dreher; Ted EyI; Leon Sievers; Tracy Dyer; Josh Holbrook; Kelly Jenkins; Jesse Trujillo Subject: Arrowhead Subdivision N flood hazard complaint Importance: High Good Afternoon, Gentlemen: I am soliciting information with respect to the Arrowhead Subdivision and corresponding Arrowhead Roadway (Street ??). Mr. Stewart Sheldon called with his concern that he has been flooded in the past and concerned about future flooding ... because the lake (Lake Arrowhead??) fills faster than it can release storm waters across the spillway located on / in Arrowhead Roadway. Have some past flooding events occurred in this vicinity of Arrowhead Subdivision? Does a drainage report exist for the improvements of the spillway on Lake Arrowhead? What would be the County's official response to this citizen from Public Works? (He has called the Commissioners with his complaint previously.) Your feedback would be greatly appreciated, since I assume: The outlet works / spillway were designed / engineered correctly, There have been no previous flooding of structures in the past, This is just a concerned citizen, who will never be flooded (the home). Have a nice evening, Peter. PeterSCNEI, P.E., N.S.P.E. Public Works Department Weld County 1111 - H Street Greeley, CO 80632 i>>clu r cr ��ri Svc/l (0 u0 "Making the County a better place to do business" "Making the County a better place to live" 5/24/2005 Hello