To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works and Development Department
Prepared By:
prepared
Molly Orkild-Larson, Principal Planner, Public Works and Development
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presenter
Presenter: Molly Orkild-Larson, Principal Planner, Public Works and Development
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Subject:
title
PM22-006, Arcadia Creek Minor Subdivision - Continuance of the August 12, 2025, Public Hearing
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Purpose and Request:
recommended action
The Board of County Commissioners (BOCC) continued the Arcadia Creek - Minor Subdivision to September 23, 2025, to review supplemental materials. The requested information includes the final traffic studies and plat resolution from Jefferson County and the most recent traffic study, drainage study, and proposed maintenance plan for Arapahoe County.
At the August 12, 2025, public hearing, the applicant requested Condition of Approval #5 to be amended to read as follows:, “Nothing in this condition shall affect or modify the legal rights of the existing property owners as those rights may be defined by agreements, recorded documents, or controlling law”. County staff recommends modifying the condition for further clarity as shown as follows: “Nothing in this condition shall affect or modify the legal rights of the existing property owners as those rights may be defined by agreements, recorded documents, court order or decision, or controlling law.”
Consistent with the request from the applicant, Condition of Approval #5 has been updated with the added language desired by staff. The update appears below as well as in the proposed Resolution.
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Alignment with Strategic Plan: Good Governance - Understand and respond to community needs, interests, and values.
Background and Discussion: A public hearing for the Arcadia Creek - Minor Subdivision was held on August 12, 2025, before the BOCC. After hearing testimony from County staff, the applicant, and the public, the hearing was closed for public comment and continued to September 23, 2025, to consider supplemental materials to assist them in making a determination for this application.
On March 18, 2025, the Planning Commission recommended approval to the BOCC with a 5 to 2 vote.
Alternatives: Approval of this application will increase the safety of Christensen Lane and the private road within the subject parcel, improve the drainage along Christensen Lane and decrease the overtopping of stormwater on the private road during storm events. Denial of the application will result in no road or drainage improvements, and the applicant will still be allowed to use the private road and Christensen Lane without those improvements.
Fiscal Impact: No fiscal impacts are anticipated at this time.
Alignment with Strategic Implementation Strategies: The decision support framework does not apply to quasi-judicial applications such as this one.
Staff Recommendation: Considering the findings and other information provided herein, staff recommends approval of Case No. PM22-006 Arcadia Creek Subdivision Filing No. 1, with the following conditions of approval:
1. Prior to the signature of the final copy of these plans, the applicant will address all Public Works and Development Staff comments.
2. Prior to recording the final plan, the applicant shall pay a total cash-in-lieu fee of $3,092.00. This cash-in-lieu fee shall be distributed as follows: Littleton School District: $1,612.00; Public Parks: $1,420.80; and Other Public Purposes: $59.20.
3. The improvements to West Christensen Lane required to be constructed by the County Engineering Service Division and under County Standards or as approved by the Technical Review Committee for adequate access to the subdivision must be built within the surveyed bounds of the Lane as described in the Court Orders from Jefferson Bank and Trust v. Russell, et al., Arapahoe County District Court Case No. 92CV2564 and in Arcadia Creek LLC v. Absher, et al., Arapahoe County District Court Case No.2019CV31104, recognizing multiple rights of egress and ingress, and shall be constructed so as not to interfere with the use of existing recorded easements across, along or within West Christensen Lane.
4. Applicant shall develop a common maintenance agreement or otherwise provided for an agreed maintenance plan, as contemplated and required under the Arapahoe County Infrastructure Design and Construction Standards for private roads, with Fox Hollow HOA holding rights of egress and ingress under the Court Order in Jefferson Bank and Trust v. Russell, et al., Arapahoe County District Court Case No.92CV2564. No building permits will be issued until such agreement or plan has been approved by County staff.
5. All approved improvements to the “Driveway” for access shall be installed within the confines of the “Driveway” as defined in the Stipulated Quiet Title Decree in Laguna Builders, Inc., et al. v. Wieder, et al., Case No.94CV2094, unless otherwise agreed with the servient estate property owner as defined in said Decree. Nothing in this condition shall affect or modify the legal rights of the existing property owners as those rights may be defined by agreements, recorded documents, court order or decision, or controlling law.
6. Christensen Lane shall not be used for construction access.
7. The applicant shall cause the entirety of the Arcadia Creek Subdivision to at all times be an age restricted community for persons aged fifty-five and older (55+) consistent with, and as defined by, Public Law 104-76 - Housing Of Older Persons Act of 1995 (as may be amended) and as further set forth at 42 U.S.C. § 3607(b) (as may be amended) and at all times compliant with the same.
Concurrence: The Planning Commission recommended approval of this minor subdivision on a 5-2 vote at their March 18, 2025, public hearing. The Commissioners that voted “no” did not provide an explanation for their vote.