HomeMy WebLinkAbout20120383.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1683 FOR THE FOLLOWING RECREATIONAL USES: BOATING, SCUBA
DIVING, WATER SKIING, SAILING, KAYAKING, CANOEING, AND OVERNIGHT
CAMPING, IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGHLAND DITCH
COMPANY
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 8th day of
February, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Highland Ditch Company, c/o Nick Sekich, 4309 State Highway 66,
Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit #1683 for the following Recreational Uses: boating, scuba diving, water skiing, sailing,
kayaking, canoeing, and overnight camping) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Mulligan Reservoir - located in Section 22,
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Todd Hodges, Todd
Hodges Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, 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 recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-20.1 (A.Goal 9) states, "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to
other land uses." Section 22-2-20.1.5 (A.Policy 9.5) states, "Applications
for a change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
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affected by the proposed land use change through the referral process."
The applicant, over the last three years, has been diligently working with
the referral agencies, surrounding property owners and the Mulligan
Fishing and Gun Club in order to minimize the impacts of the proposed
recreational facility. As a result of the neighborhood meeting and
meetings with the Town of Mead and the District Court findings, the
Highland Ditch Company has revised its application to address many of
the concerns. With these proposed changes, the use is compatible with
the surrounding land uses.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.N of the Weld County
Code allows for a Site Specific Development Plan and Use by Special
Review Permit for the following recreational uses: boating, scuba diving,
water skiing, hiking, sailing, kayaking, canoeing, and overnight camping,
in the A (Agricultural) Zone District. Upon review of by the Weld County
Code Compliance Officer, an active Zoning Violation (ZCV08-00131) was
noted. This violation was initiated due to the commercial ski component
operating without first obtaining the necessary Weld County Zoning
Permits. This case has not yet been presented through the Violation
Hearing process, no investigation fee is required as this time, and
Planning Services has not received any complaints regarding this parcel
for at least two years. The only reason this violation case was kept active
was to ensure that prior to any skiing activities, a Use by Special Review
(USR) permit was obtained. The initial complaint was received from
several private citizens. Once a plat is recorded, the violation will be
corrected.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The Town of Mead
surrounds the majority of the reservoir; the few remaining parcels that
have not been annexed by the Town of Mead are zoned A (Agricultural).
The surrounding area is primarily residential (Hunters Cove Subdivision)
and a planned development with residential uses (Equinox Development).
There are approximately 28 properties within 500 feet of the property in
question. The Weld County Department of Planning Services has
received 11 letters from surrounding property owners, and over the past
three years the applicant has worked diligently to resolve many of the
expressed concerns. Some of the concerns stated in the letter dated
October 25, 2011, are as follows: water skiing at high rates of speed,
camping and open fires adjacent to Hunters Cove properties, loud music,
overloading boats, and people urinating in public, not wearing life jackets,
and consuming alcohol. The Conditions of Approval and Development
Standards should help alleviate some of the concerns of the surrounding
property owners.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
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by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The property is not located within an Intergovernmental
Agreement Area but does lie within the three-mile referral area for the
City of Longmont and Towns of Firestone and Mead. The Town of Mead
indicated, in its latest referral dated November 2, 2011, that the Town of
Mead Board of Trustees has a favorable recommendation for the
approval of this application, with the following conditions: provide a detail
on the site plan showing the access road and parking areas and layout,
water skiing not be approved as a use, and camping be restricted to an
area behind the clubhouse. As a Condition of Approval the applicant will
need to address the concerns of the Town of Mead.
e. Section 23-2-230.8.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the proposed lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April25, 2011, building permits issued on the proposed lot will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is classified as "Prime irrigated Farmland
of National Importance," as delineated on the Important Farmlands of
Weld County map, dated 1979. The majority of the site is currently being
utilized as a reservoir and the applicant does not intend to diminish the
current use of the property, therefore, the agricultural vitality is not
harmed.
g. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards will
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Highland Ditch Company, for a Site Specific
Development Plan and Use by Special Review Permit #1683 for the following Recreational
Uses: boating, scuba diving, water skiing, sailing, kayaking, canoeing, and overnight camping,
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1683.
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B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The recorded access from County Road 32, per Reception
Number 3628369, and the access easement from County Road 7 to the
reservoir with Clerk and Recorder book and page information.
E. At least 35 parking spaces, 10 of which will need to accommodate boat
trailers.
F. The location of the two port-a-potties.
G. The location of all oil and gas facilities, in addition to their setbacks.
H. A blow-up of the recreational area with existing and future improvements
shown and labeled, as well as all parking and camping areas.
Show and label the FEMA floodplain boundaries.
J. Show and label the campsite, fire rings, and where the boats will be
stored.
2. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
December 12, 2011.
3. All septic systems (which include vault privies) located on the property shall have
appropriate permits from the Weld County Department of Public Health and
Environment. The Environmental Health Services Division was unable to locate
a septic permit for the existing vault privy. Any existing septic system which is
not currently permitted through the Weld County Department of Public Health
and Environment will require an evaluation by a Colorado registered professional
engineer. The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall be
brought into compliance with current regulations.
4. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. The plan shall include, at a minimum, the following:
a) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
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b) A list of the type and volume of chemicals expected to be stored on the
site.
c) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
5. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in accordance
with the State requirements, as an attempt to mitigate concerns. The plat shall
be amended to include any possible future drilling sites.
6. The applicant shall address the requirements/concerns of the Town of Mead, as
stated in the referral response dated November 2, 2011. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services.
7. The applicant shall address the requirements/concerns of the U.S. Army Corps of
Engineers, as stated in the referral response dated October 19, 2011. Evidence
of such shall be submitted, in writing, to the Weld County Department of Planning
Services.
8. The applicant shall address the requirements/concerns of the Division of Wildlife,
as stated in the referral response dated December 21, 2008. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
9. Upon completion of Conditions of Approval #1 through #8 above, the applicant
shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the paper
copies, the applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of Section
23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
10. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
11. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
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ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
12. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sean P. ( orlwa , Chair
Weld County Clerk to the Board '(4/
��410.1."'N. William F. Garcia, Pro-Te
BY: w I S /
Deputy Clerk to the Boa `/ J jT ,��u/f �1
Iasi I .•. n :• ;arfa Ki ey�
APARO O eRMAr Pingb Qij o
Ste/ AO David E. Long Q(
o my ttorney RECUSED
Douglas Rademacher
Date of signature: .3-/V-4a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGHLAND DITCH COMPANY
USR #1683
1. A Site Specific Development Plan and Use by Special Review Permit #1683 is for the
following Recreational Uses: boating, scuba diving, water skiing, hiking, sailing,
kayaking, canoeing, and overnight camping, in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Adequate drinking (bottled water), hand washing, and toilet facilities (portable toilets)
shall be provided for personnel using the facility.
8. Any septic system, including a vault privy, located on the property must comply with all
provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified areas, as delineated in Section 14-9-30 of the Weld County Code.
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, in accordance with product labeling, and in a manner that
minimizes the release of hazardous air pollutants and volatile organic compounds.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. Effective April 25, 2011, building permits issued will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
14. Effective April 25, 2011, building permits issued will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee.
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15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
17. A building permit shall be obtained prior to the change of use, or construction of any new
structures.
18. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. The applicant shall
include a Code Analysis Data Sheet provided by the Weld County Department of
Building Inspection with each building permit. Submittal plans shall include a floor plan
showing the specific uses of each area for the building. The Occupancy Classification
will be determined by Chapter 3 of the 2006 International Building Code. The plans shall
also include the design for fire separation and occupancy separation walls, when
required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and exiting requirements by Chapter 10.
19. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2011 National Electrical Code, and
Chapter 29 of the Weld County Code.
20. All building plans shall be submitted to Mountain View Fire Protection District, for review
and approval, prior to the issuance of building permits.
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
22. Aquatic invasive species could potentially be a risk on the reservoir and, therefore, the
applicant shall adhere to the recommendations of the Division of Wildlife for Best
Management Practices.
23. Hours of operation for the water skiers shall be from April 1, through August 31, during
daylight hours. Hours of operation for motorized boats shall be year round, but during
daylight hours only. The other recreational activities do not have standard hours of
operation and would be available year round.
24. The facility shall adhere to the State of Colorado boating rules and regulations.
25. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
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the applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
26. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
27. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
28. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
29. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
30. No more than 70 members shall be allowed to utilize the recreational facilities.
31. The uses established with NCU-481 (Mulligan Fishing and Hunting Club) shall still
remain in effect, until such time that NCU-481 is voided at the direction of the Board of
Weld County Commissioners.
32. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel #120722000041 may not be
able to obtain building permits to construct non-agricultural structures. All construction
or improvements occurring in the floodplain, as delineated on Federal Emergency
Management Agency FIRM Community Panel Map #0802660850C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements
of Chapter 23, Article V, Division 3, of the Weld County Code and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65.
33. Flood hazard development permits will be required for development activities located
within the FEMA mapped Mulligan Reservoir Floodplain. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
by not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
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34. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
35. The applicant has an agreement with the owner of parcel 1207-22-002015 to utilize a
portion of the property for access. If this agreement is terminated or not renewed, the
property owner shall utilize the permitted access easements.
36. There shall be no campsites or overnight parking located in the FEMA mapped 100-year
floodplain.
37. Portable boat docks will require a building permit and a flood hazard development permit
(FHDP) must be obtained prior to the installation of the boat docks.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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