Zoning board approves Gardner Lake Estates plat with floodplain and erosion stipulations

On Jan. 21 the West Consolidated Zoning Board approved a preliminary and final plat for Gardner Lake Estates, a three‑lot subdivision occupying roughly the southern two‑thirds of a 67‑acre property east of Gardner Lake, with a series of stipulations intended to protect public access and reduce sedimentation risk.

County planning staff recommended approval of the plat and an exception to the rural district's minimum lot depth:width ratio for lots 2 and 3. "Staff does recommend approval of the proposed preliminary and final plat for a 3 lot subdivision known as Gardner Lake Estates, subject to the stipulations in the report," said Sean Penley of county planning staff during the board presentation.

The proposed plat covers just over 43 acres and would create three lots ranging from about 11 acres to 16 acres, all of which exceed the rural district's minimum frontage requirements for the arterial designation of 159th Street. Staff noted an existing floodplain along the 159th Street frontage affects driveway access; consequently the plat requires construction of a shared emergency access drive on Gardner East Road that must be completed before the plat may be recorded.

Neighbors raised concerns during the public comment period about recent tree clearing and ensuing erosion and sedimentation into Gardner Lake. "He destroyed the property," said Jackie Benke, a nearby resident, describing the loss of trees and reporting that heavy rains caused localized flooding and sediment deposition in front of nearby homes. Penley responded that planning and public works staff inspected the site, notified the property owner of land‑disturbance permit requirements and previously issued a stop‑work order when necessary. "They installed all the proper erosion control measures on‑site," Penley said, and staff took photos in July 2025 to establish a baseline for future monitoring.

Jacob Askin of Public Works confirmed corrective measures were taken on the disturbed area, that erosion control was installed, and that the disturbed area has been seeded and vegetation is establishing. Staff also emphasized that the disturbed area inspected was not part of the current plat and that future phases involving the north portion of the property will require separate rezoning, a future plat application, and additional public notice.

The motion to approve the plat was made by Donna Goetzmann and seconded by John DeGruen. The roll call recorded affirmative votes from board members and the motion passed. Penley told the board the application will go to the Board of County Commissioners for final action on Feb. 26 at 9:30 a.m. in the Board Hearing Room at 111 South Cherry Street.

The approval includes staff stipulations for erosion control and the lot‑depth exception for lots 2 and 3; the emergency access drive must be constructed as a condition prior to recording the plat. The board’s decision sets the procedural next step — BOCC consideration on Feb. 26 — and leaves enforcement of erosion‑control requirements to planning and public works for construction and any future disturbance.