HomeMy WebLinkAbout20120387.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
• FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 2 0 7 . 2 2 - 0 - 0 0 . 0 4 1
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us)
Legal Description located in , Section 22 , Township 03 North, Range 68 West
Zone District:AG , Total Acreage: 73 , Flood Plain:Yes,085cc , Geological Hazard: No ,
Airport Overlay District:no
FEE OWNER(S)OF THE PROPERTY:
Name: Highland Ditch Company do: Nick Sekich
Work Phone#1 76,-31)- I Wklome Phone# Email
Address:4309 66
Address:
City/State/Zip Code Longmont, Colorado 80504
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
• Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name:Todd Hodges Design, LLC
Work Phone# 970-215-4311 Home Phone# Email toddhodges@gwestotfice.net
Address:2412 Denby Court
Address:
City/State/Zip Code Fort Collins, Colorado 80526
PROPOSED USE:
Expansion of NCU-481 for additional recreational uses, structures and increased membership.
I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all
fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all
fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating that the signatory has to legal authority to sign for the corporation.
L j2 Ip r /J,//)
• ignature: Owner or Aut orized Agent at Signature: Owner or Authorized Agent Date
EXHIBIT
In 2012-0387
Todd Hodges Design, LLC
•
USR for expansion of NCU-481
for additional recreational uses, structures and
members
For Property described as located in
Section 22, Township 3 North, Range 68 West
of the 6"' P.M., Weld County, Colorado
Prepared for:
Highland Ditch Company
c/o: Nick Sekich
• 4309 SH 66 Longmont, Colorado 80504
Prepared by:
Todd Hodges Design, LLC
1269 North Cleveland Avenue
Loveland, Colorado 80537
Re-Submitted:
October 13, 2011
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 •fax(561) 828-8059
email: toddhodgesdesign(agwestoffee.net
Todd Hodges Design, LL C
•
USR for expansion of NCU-481 for additional recreational
uses, structures and members
Table of Contents
1. Application Form
2. Questionnaire
3. Road Access Information Form
4. Area map
5. Reduced plat map
6. Soils Information
7. Surrounding property owners list
8. Mineral interests list
9. Certificate of Conveyance(deed included)
10. 24 x 36 Plat, attached
•
•
1269 Non!, Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 *flu-(561) 828-8059
email: toddlsodgesdesign(a gwesmffce.net
SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE
•
Highland Ditch Company Expansion of a Non-Conforming Use
This application has been prepared by established guidelines found in the Weld County Code, Use by
Special Review Application Requirements,and the most current Weld County Procedural Guide for a Use
by Special Review Application as found on the Weld County Web Site.
1. Explain, in detail,the proposed use of the property.
This proposal is for an expansion of an existing non-conforming use which has been established on
Mulligan Reservoir through NCU-481. The existing uses that were established through the NCU-
481 include up to 37 members in a fishing and hunting club. Boating has been a use associated with
the reservoir for many years. This proposal is for the expansion of up to 70 members, additional
recreational uses which include:boating, scuba diving, skiing,hiking, sailing,kayaking,canoeing,
and occasional camping for clean-up days and/or work weekends. This proposed expansion also
includes the future addition of a boat ramp, dock and beach area on the southwest side of the
reservoir and a fire/BBQ pit near the club house. The reservoir will continue to be owned and
operated by Highland Ditch Company for water storage and associated uses as in the past. Highland
Ditch Company has existing access for the operations of the reservoir on Adams Avenue (CR 32)
from the North and on CR 7 from the West. The recreational access will be from CR 7. To the best
of the property owner's knowledge the dam was constructed prior to 1922 and is an earthen dam with
concrete rip-rap as required by the State Engineer. The dam is inspected on an annual basis by a
State Engineer and maintained regularly by the Highland Ditch Company. The location of the dam
• as well as existing and proposed items are shown on the site plan.
2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22
(Comprehensive Plan).
This Use by Special Review application has been prepared utilizing the process outlined in the Weld
County Code and Procedural Guides.
The uses proposed will be compatible with the existing and future development of the
surrounding area as permitted by the existing zone district and with future development as
projected by Chapter 22 of this 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 the I-25 Mixed Use Development area.
• The property is not located within an Intergovernmental Agreement Boundary.
• The continuation of water storage on this site allows for passive open space enjoyed by
surrounding areas as well as active recreational uses based on membership.
• Surrounding land uses include residential, oil/gas production facilities and agricultural
uses.
The Comprehensive Plan states, 'The County will cooperate with the applicant in evaluating the
objectives of the applicant and the options available to the applicant while ensuring the health,safety
• and welfare of County residents." Through this application development process, the applicants
have carefully considered the health,welfare and safety of participants to this site.
1
The applicants through this process have worked with Weld County Planning Services,Weld County
• Public Health,Weld County Public Works,Town of Mead,Mountain View Fire Protection District,
Oil and Gas interests on the property,Colorado Department of Wildlife and the US Fish and Wildlife
Service.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23
(Zoning) and the zone district in which it is located.
This application has been filed in accordance with Article 2,Division 4,Chapter 23 of the Weld County
Code, starting with Section 23-2-200. Application materials submitted comply with Article V of
Chapter 23 of the Weld County Code (Overlay Districts).
• The property is not located within the I-25 Mixed Use Development area.
• The property is not located within an Intergovernmental Agreement Boundary.
• Use by Special Review Design Standards as found in Section 23-2-240 of the Weld County
Code were consulted in preparing this application.
The site has had active recreation uses which include boating,fishing and hunting since at least 1933.
Adequate provision has been made to protect the health,safety and welfare of the inhabitants of the
neighborhood and the County. Operation Standards as found in Section 23-2-260 of the Weld
County Code were consulted in preparing this application as stated previously in application
materials. Conditions of Approval and Development Standards will ensure the proposed use upholds
the purpose and intent of the Weld County Code, Chapter 23 as listed in Section 23-1-40. Such
• Conditions of Approval and Development Standards as found in the Weld County Code, Referral
Agency responses and Staff Comments shall be considered and appropriately incorporated into the
fmal use and site design.
The zoning of the site is Agricultural. The continuation of water storage is consistent with the zone
district and the comprehensive plan goals and policies. The bulk requirements of the Agricultural
Zone District found in Section 23-3-50 shall be adhered to.
4. What type of uses surround the site? Explain how the proposed use is consistent and
compatible with surrounding land uses.
Surrounding land uses include residential, oil and gas facilities and agricultural uses. The
existing and proposed uses are both consistent and compatible with the surrounding land uses
and existing activities on site. The existing recreational uses were established well prior to the
residential development located to the west of this property in the Town of Mead.
5. Describe,in detail, the following:
a. How many people will use this site?
The existing NCU-481 allows for up to 37 members associated with the fishing and hunting
club. This USR proposal for expansion of NCU-481 would allow for up to 70 members.
• The number of skiers at one time will vary greatly based on weather conditions,time of year
and policies adopted by the Mulligan Fish and Gun Club. Rarely,if ever would all members
2
be at the lake at one time unless for a special occasion,construction or maintenance work on
the property and/or facilities. The water skiing is very seasonal and will occur the months of
• April through August. It is also important to note that fluctuating water levels due to water
usage from the reservoir greatly limits the ability to ski on the lake. Water is typically drawn
down during the summer months to a point that will not allow skiing during portions of the
hotter months. All other recreational activities can occur year around with the exception of
hunting which is governed by the seasons established by the Colorado Division of Wildlife.
b. How many employees are proposed to be employed at this site?
There is no proposal for any employees to be located at this site at this time. The site is
regularly checked by an employee of the Highland Ditch Company for the on-going uses
associated with the water storage and maintenance of the property.
c. What are the hours of operation?
The days and hours of operation for the skiing would be sunrise to sunset seven days a week
from April through August . While access to the lake for skiing will be based on weather
conditions and water levels it is not anticipated that the lake would have skiing every day of
the week. Hunting will be governed by the regulations established by the Colorado of
Division of Wildlife.The other recreational activities do not have standard hours of operation
and would be available year around.
d. What type and how many structures will be erected (built) on this site?
The site has an existing club house, storage sheds and outhouse (vault) facilities. The
proposed expansion would allow for the future construction of a ramp,dock and beach on the
• southwest end of the reservoir near one of the existing sheds. The expansion would also
allow for the addition of a fire/BBQ pit near the existing club house. The existing sheds and
existing ramp and dock facilities would also be able to be relocated, expanded and/or
replaced with the permission of the property owner. .
e. What type and how many animals, if any,will be on this site?
There are not any animals located on this site at this time. The site will retain the ability to
have animals based on the agricultural zone district.
f. What kind (type, size,weight) of vehicles will access this site and how often?
Passenger vehicles,trucks and boats on trailers will access the site for the recreational uses.
Construction and/or farm equipment necessary for the construction of the dock, ramp and
beach will access the property during construction and maintenance of the recreational
facilities. Other vehicles and/or machinery may access the property for maintenance
associated with the on-going water storage uses.
g. Who will provide fire protection to the site? The site is within the district boundaries for
Mountain View Fire Protection District.
h. What is the water source on the property? Due to the nature of this site and existing
uses,water service does not exist on this site. Bottled water will be brought in by members.
• i. What is the sewage disposal system on the property? An existing out house (vault) is
3
located on the property near the club house. NCU-481 established this as a recognized
historic use on the property. The vault will be maintained as necessary. During the months
• of April through August port a lets may be brought in and placed near the existing shed on
the southwest end of the reservoir for users of the future proposed dock,ramp and beach. No
other sewage disposal systems are proposed at this time.
j. If storage or warehousing is proposed,what type of items will be stored?
A shed exists on the southwest side of the lake for any necessary equipment for the
recreational uses. There is also an existing shed near the club house for storage of
equipment.
6. Explain the proposed landscaping for the site.
There is no proposed landscaping associated with this proposal.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs.
Due to the nature of this activity,reclamation is not applicable.
8. Explain how the storm water drainage will be handled on the site.
Historic drainage will not be altered. There are no current plans on changing any of the existing
structures. Parking will occur in the field adjacent to the proposed ramp and dock area. The
construction of the ramp, dock and beach clean up will not impact the drainage to this site.
•
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin.
The future ramp,dock and beach may be constructed at any time after approval of the Use by Special
Review Permit. The construction time will be impacted by weather and water level in the reservoir.
10. Explain where storage and/or stockpile of wastes will occur on this site.
No storage or stockpile of wastes will occur from uses associated with the recreational club. Based
on the nature of the uses,club members will take out any trash that is brought in associated with food
and/or drink. The club will have a "pack it in — pack it out" policy similar to many of the
recreational facilities and National Forest policy.
•
4
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
• FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 2 0 7 _ 2 2 _ 0 _ 0 0 _ 0 4 1
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,orwww.co.weld.co.us.)
Legal Description located in , Section 22 , Township 3 North, Range 68 West
Flood Plain: yes,0850C Zone District:AG , Total Acreage:73 , Overlay District:NA
Geological Hazard: No ,Airport Overlay District: No
FEE OWNER(S) OF THE PROPERTY:
Name: Highland Ditch Company c/o:Bob Schlagel&Ray Derr
Work Phone# 720-289-5906 Home Phone # Email
Address:4309 SH 66
Address:
City/State/Zip Code Longmont,Colorado 80504
Name:
Work Phone # Home Phone # Email
Address:
Address:
City/State/Zip Code
. Name:
Work Phone # Home Phone # Email
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name:Todd Hodges Design,LLC
Work Phone # 970-613-8556 Home Phone # Email toddhodgesdesign@gwestoffice.net
Address:1269 N.Cleveland Avenue
Address:
City/State/Zip Code Loveland,Colorado 80537
PROPOSED USE:
Expansion of NCU-481 for a ski club and the addition of a dock,boat ramp and beach area
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating that the signatory has to legal authority to sign forth corp rati n.
. 13 O'er Signature: Owner or Au onzed Agent Date Sign ture: Owner or Auth z d Agent ate
-6-
• -
Richard N. Lyons, ll Bernard Lyons Gaddis & Kahn Eve I. Canfield
Jeffrey J.Kahn Scott E. Holwick
John W. Gaddis A Professional Corporation "" Attorneys and Counselors Matthew Machado
Bradley A. Hall Madoline Wallace-Gross
Steven P.Jeffers Chad A. Kupper
Anton V. Dworak
Adele L. Register Catherine A.Tallerico
Daniel F. Bernard Special Counsel
Senior Counsel
October 16, 2008
Weld County Planning&Zoning
Re: Authority of Robert Schlagel and Nick Sekich as Officers and Directors of the
Highland Ditch Company
Robert Schlagel is President and a Director of the Highland Ditch Company. Nick "Butch" Sekich is
Secretary-Treasurer and a Director of the Highland Ditch Company. As officers and directors of the
corporation,they have authority in matters before Weld County to act on behalf of the Highland Ditch
Company.
Let me know if you have any further questions or requirements.
• Sincerely,
BE ARD LYONS GADDIS& KAHN, PC
By
Je y J. ahn
jk h @b laws m
JJK:bkh
cc: Robert Schlagel
Nick Sekich
Jill Baty,Office Manager
t:\clients\h\h,ghl\letters\20081016-jjk-weld county.doc
515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com
• • Page 1 of 2
i
Michelle Martin
• From: Todd Hodges @ Todd Hodges Design, LLC [toddhodges@gwestoffice.net]
Sent: Thursday, May 14, 2009 11:51 AM
To: Michelle Martin
Cc: Ray Derr
Subject: Highland ski club USR-1683
Michelle,
I have spoken to Highland respresentatives and we have reviewed the referrals to date and have
addressed the outstanding items as follows:
1. Division of Wildlife referral: We have received an indication from the US Fish and
Wildlife service that the Preble's mouse is not an issue for this site. The correspondence was
an email dated January 30, 2009. A copy of the email was forwarded to you. Let us know if
you need a printed copy of the email sent to you.
2. Public Works referral: The existing access easement from CR 32 shall be recorded and a
copy of the recorded easement will be provided for your records. The historical flow patterns
and runoff amounts should not be impacted due to the minimal construction of a dock, ramp
and beach area. It is understood that any improvements in the FEMA regulated 100-year
floodplain will require a Flood Hazard Development permit.
• 3. Health Department: Two port-a-lets will be placed near the beach, ramp and dock area
during the time period of May I through August 31 unless weather and/or water levels
dictate a shorter time frame suitable for skiing. The port-a-lets will be maintained
appropriately.
4. Town of Mead: Highland representatives have met with the Mead officials since the referral
response and have indicated that the Highland Ditch Company is not interested in annexation
of the property at this time. We also acknowledge a typo in our application submittal
concerning the location of the proposed ski club improvements and the existing shed. The
application indicated on the north side when they are actually proposed on the Southwestern
portion of the lake, as shown on the submitted site map.
As indicated above we had a neighborhood meeting on March 6, 2009 at the Mead Town Hall facilities.
We mailed invitations to the fish and gun club members, Town of Mead officials, you, and surrounding
property owners within 1500' of the Highland property boundary. There were numerous attendees and
based on the input from the neighbors and the fish & gun club we would like to propose the following
changes to the application.
1. The time of year for the skiing would be from May 1 through August 31, 8 am to 8 pm instead of
the originally proposed late April through early October, sunrise to sunset. This change will
address the potential conflicts between skiing and hunting on the lake. The hunting season starts
September 1. We believe that this change will address any concerns brought up due to a potential
• conflict of skiing and hunting at the same time.
5/28/2009
• • Page 2 of 2
2. Do to the concern from neighbors and the fish & gun club on numbers allowed on the lake we are
proposing a limitation of no more than four boats associated with the ski club can be using the
• club facilities and/or lake at any one time and a limitation of no more than eight vehicles
associated with the ski club can be on the site at any one time unless associated with a special
maintenance, clean-up and/or construction time. Typically only one boat will be pulling skiers
around the lake at any time and others will take turns pulling.
3. We propose to place and maintain two port-a-lets near the ski club facilities on the southwestern
portion of the lake from the first ski club use to the close of the season based on weather and water
conditions unless necessary for any construction outside the normal ski season from May 1
through August 31.
Please review this information and let me know what the best next step is to move the project forward. I
will be out of town May 15 tomorrow through May 25. If necessary, I would be happy to meet with you
to discuss the next steps once I have returned.
Thank you for your time concerning this matter.
Todd A. Hodges, ASLA, Principal
Todd Hodges Design, LLC
970-613-8556
fax 970-613-8775
•
•
5/28/2009
• •
Michelle Martin
000m: Todd Hodges Design, LLC [toddhodgesdesign@gwestoffice.net]
nt: Tuesday, February 03, 2009 1:17 PM
: Michelle Martin
Cc: Ray Derr; HighlandDitch@aol.com
Subject: Fw: Highland ditch company project on Mulligan
Michelle:
Below is a Response from the US Fish and Wildlife Service concerning the Preble's mouse.
This should adequately address that issue. Should you need to discuss or require further
information, please contact me.
To give you an update on the other items discussed:
Members of the Highland Board met with a representative for the Town of Mead and are now
working to set up a neighborhood meeting to discuss the project with the surrounding
property owners. We will let you know when we get the date, location and time set up.
Again, if you have any questions or wish to discuss any item concerning this project
please contact me at the number below.
Have a great day.
Todd A. Hodges, ASLA, Principal
Todd Hodges Design, LLC
970-613-8556
fax 970-613-8775
Original Message
From: <Adam_Misztal@fws.gov>
To: "Todd Hodges Design, LLC" <toddhodgesdesign@qwestoffice.net>
Cc: <HighlandDitch@aol.com>; "Ray Derr" <Rederrcpa@aol.com>
nt: Friday, January 30, 2009 8:02 AM
abject: Re: Highland ditch company project on Mulligan
> Todd,
> The Service has reviewed the Highland ditch company project on Mulligan
> Reservoir under the authority conferred to the U.S. Fish & Wildlife
> Service
> (Service) by the Endangered Species Act of 1973 (ESA) , as amended (16
> U.S.C. 1531) et seq.
>• Based on the information provided, the Service concludes that a population
> of Preble's is not likely to be present in the area. Therefore we
> conclude
> that the proposed project is not likely to adversely affect Preble's.
> Thus
> this site is disqualified for consideration under provision of ESA.
> Should
> additional information regarding listed or proposed species become
> available, this determination may be reconsidered.
>• Adam Misztal
> Fish and Wildlife Biologist
> USFWS, ES, Colorado Field Office
> P. O. Box 25486, DFC (MS 65412)
> Denver, CO 80225-0486
> 303-236-4753; Fax 303-236-4005
> (134 Union Blvd. , Suite 670)
• (Lakewood, CO)
1
> "Todd Hodges • •
> Design, LLC"
> <toddhodgesdesign To
> @qwestoffice.net> <adam_misztal@fws.gov>
• cc
01/21/2009 10:09 "Ray Derr" <Rederrcpa@aol.com>,
> AM <HighlandDitch@aol.com>
> Subject
> Highland ditch company project on
> Mulligan
>
>
>
>
>
>
>
>
>
> Dear Mr. Misztal:
> As discussed via phone yesterday morning I am sending you pictures of the
> Mulligan Lake site for the proposed ramp, dock and beach area for the
> Highland Ditch Company's proposed skiing area. The proposal includes the
> addition of a small beach area, boat ramp and a dock in close proximity to
> each other.
> As you can see from the photos the field adjacent to the area is in
> agricultural production and there is not much vegetation in the area of
> the
> proposed improvements.
> In review of this application, the Colorado Division of Wildlife indicated
> that we may want to consult with the US Fish and Wildlife Service to
> determine if there is a need for surveys concerning the Preble's meadow
• jumping mouse. Through researching the US Fish and Wildlife web site and
talking with others it is my understanding that this site is not typical
> of
> the Preble's habitat.
> It is our request that you review the photos attached and respond in
> writing or email to make a determination of whether there is any potential
> impact from this proposal.
>• Should you need any clarification or more information you can reach me via
> phone or email.
>
> Thank you for your time and consideration in this matter.
>
> Todd A. Hodges, ASLA, Principal
> Todd Hodges Design, LLC
> 970-613-8556
> fax 970-613-8775 [attachment "Looking NE at proposed improvements site.pdf"
> deleted by Adam Misztal/R6/FWS/DOI] [attachment "Looking SE across adj .
> field at imp. site.pdf" deleted by Adam Misztal/R6/FWS/DOI] [attachment
> "ramp, beach and dock area next to ex shed.pdf" deleted by Adam
> Misztal/R6/FWS/DOI] [attachment "ramp, dock and beach area looking
> west.pdf" deleted by Adam Misztal/R6/FWS/DOI] [attachment "ramp, dock and
> beach area.pdf" deleted by Adam Misztal/R6/FWS/DOI]
>
>
•
2
f 0c�'ert>1' Desiun L C'
1269 North Cleveland Avenue Loveland,Colorado 80537/(970)613-8556
Letter of Transmittal
Date: 19-Nov-08
To: Chris Gathman
Project: Highland ski lake usr
Via: Fax UPS
Mail Overnight
Pick Up Courier
Hand Deliver X
We Transmit for your: Information Files
• Approval X Correction
Signature Return
Number of Copies: 21 Number of Pages: varies based on packets
Remarks: Chris, please find attached our submittal from the Highland Ditch Company
for a USR application-expansion of NCU-481 and a check for the review in the amount
of$1200.00 per the procedural guide.
Should you require any additional information I can be reached at the number, email
or address below.
Todd A. Hodges, ASLA, Principal
Todd Hodges Design, LLC
1269 N. Cleveland Avenue
Loveland, Colorado 80537
970-613-8556 fax: 970-613-8775
toddhodgesdesign(?a gwestoffice.net
•
• •
Todd Hodges Design, LLC
•
USR for expansion of NCU-481
Ski club
For Property described as located in
Section 22, Township 3 North, Range 68 West
of the 6th P.M., Weld County, Colorado
Prepared for:
Highland Ditch Company
c/o: Bob Schlagel & Ray Derr
4309 SH 66 Longmont, Colorado 80504
•
Prepared by:
Todd Hodges Design, LLC
1269 North Cleveland Avenue
Loveland, Colorado 80537
Submitted:
November 19, 2008
•
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 •far(970) 613-8775
email:toddhodgesdesign(a'gwestoffce.net
• •
y Todd Hodges Design, LLC
•
USR for expansion to NCU-481 for a ski club
Table of Contents
1. Memo from pre-application meeting dated July 25, 2008
2. Application Form
3. Authorization Form
4. Emergency Form
5. Questionnaire
6. Road Access Information Form
7. Soils Information
8. Access agreement
9. Letter from Mountain View Fire Protection District dated August 22, 2008
10. Letter from Division of Water Resources dated August 29, 2008
11. Letter from Ray Derr concerning sewer district service dated August 27, 2008
12. Surrounding property owners list
13. Property profile
• 14. Certificate of Conveyance
15. Vicinity map and Plat, attached
•
1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 •fax(970) 613-8775
email: toddhodgesdesign4igwestofflce.net
• •
•
HIGHLAND #1 DAM
DAM I . D . *050133
DAM OWNERS REPRESENTATIVES
Owner' s Personnel :
Primary Contact: Superintendent Dave Bachman O) 970-535-4531
H) 970-587-2137
C) 720-273-9131
Alternate: President Bob Schlagel O) 970-535-4531
H) 970-535-4391
C) 970-396-3554
Alternate: Vice President Mark Nygren H) 970-587-2710
C) 970-302-2553
• Alternate: Vice President Steve Shultz H) 970-587-2749
C) 970-679-8841
Engineer: Smith Geotechnical 970-490-2620
1225 Red Cedar Circle, Suite H
Fort Collins, CO 80524
Contractor: (to effect remedial repairs or actions)
Zak Dirt 970-535-4657
14290 Hilltop Road
Longmont, CO 80504
Nelson Excavation 303-776-0834
13761 Elmore Road
Longmont, CO 80504
•
SITE SPECIFIC DEVELOPMENT PLAN AND
• USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE
Highland Ditch Company ski club
This application has been prepared by established guidelines found in the Weld County Code, Use by Special
Review Application Requirements, and the most current Weld County Procedural Guide for a Use by Special
Review Application as found on the Weld County Web Site.
1. Explain, in detail, the proposed use of the property.
This proposal is for an expansion of an existing non-conforming use which has been established on
Mulligan Reservoir through NCU-481. The existing uses that were established through the NCU-481
include up to 37 members in a fishing and hunting club. Boating has been a use associated with the
reservoir for many years. This proposal is for the addition of a boat ramp,dock and beach area on the
north side of the reservoir for use by ski club members associated with the Highland Ditch Company,
which retains ownership of the property. The reservoir will continue to be used by Highland Ditch
Company for water storage and associated uses as in the past. To the best of the property owner's
knowledge the dam was constructed prior to 1922 and is an earthen dam with concrete rip-rap as
required by the State Engineer. The dam is inspected on an annual basis by a State Engineer and
maintained regularly by the Highland Ditch Company. The location of the dam is shown on the site
plan.
2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22
• (Comprehensive Plan).
This Use by Special Review application has been prepared utilizing the process outlined in the Weld
County Code and Procedural Guides.
The uses proposed will be compatible with the existing and future development of the surrounding
area as permitted by the existing zone district and with future development as projected by
Chapter 22 of this 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 the I-25 Mixed Use Development area.
• The property is not located within an Intergovernmental Agreement Boundary.
• The continuation of water storage on this site allows for passive open space enjoyed by
surrounding areas.
• Surrounding land uses include residential, oil/gas production facilities and agricultural
uses.
The Comprehensive Plan states, 'The County will cooperate with the applicant in evaluating the
objectives of the applicant and the options available to the applicant while ensuring the health, safety
and welfare of County residents." Through this application development process,the applicants have
carefully considered the health, welfare and safety of participants to this site.
The applicants have been working closely with Weld County Planning Services,Weld County Public
• Health, Weld County Public Works, Mountain View Fire Protection District and the Colorado
Division of Water Resources.
1
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23
(Zoning) and the zone district in which it is located.
• This application has been filed in accordance with Article 2,Division 4,Chapter 23 of the Weld County
Code, starting with Section 23-2-200. Application materials submitted comply with Article V of
Chapter 23 of the Weld County Code (Overlay Districts).
• The property is not located within the I-25 Mixed Use Development area.
• The property is not located within an Intergovernmental Agreement Boundary.
• Use by Special Review Design Standards as found in Section 23-2-240 of the Weld County
Code were consulted in preparing this application.
The site has had active recreation uses which include boating,fishing and hunting since at least 1933.
Adequate provision has been made to protect the health, safety and welfare of the inhabitants of the
neighborhood and the County. Operation Standards as found in Section 23-2-260 of the Weld
County Code were consulted in preparing this application as stated previously in application
materials. Conditions of Approval and Development Standards will ensure the proposed use upholds
the purpose and intent of the Weld County Code, Chapter 23 as listed in Section 23-1-40. Such
Conditions of Approval and Development Standards as found in the Weld County Code, Referral
Agency responses and Staff Comments shall be considered and appropriately incorporated into the
final use and site design.
The zoning of the site is Agricultural. The continuation of water storage is consistent with the zone
district and the comprehensive plan goals and policies. The bulk requirements of the Agricultural
• Zone District found in Section 23-3-50 shall be adhered to.
4. What type of uses surround the site? Explain how the proposed use is consistent and
compatible with surrounding land uses.
Surrounding land uses include residential and agricultural uses. The existing and proposed uses
are both consistent and compatible with the surrounding land uses based on the nature and scope
of the activities on site. The existing recreational uses were established well prior to the
residential development located to the west of this property in the Town of Mead.
5. Describe, in detail, the following:
a. How many people will use this site?
The existing NCU-481 allows for up to 37 members associated with the fishing and hunting
club. This proposal for expansion of NCU-481 would limit private membership to the ski
club associated with Highland Ditch Company to no more than 30 members at one time.
The number of skiers at one time will vary greatly based on weather conditions and time of
year. Rarely, if ever would all members be at the lake at one time unless for a special
occasion, construction or maintenance work on the property and/or facilities. The water
skiing is very seasonal and will occur the months of late April through early October. It is
also important to note that fluctuating water levels due to water usage from the reservoir
• greatly limits the ability to ski on the lake. Water is typically drawn down during the summer
months to a point that will not allow skiing during portions of the hotter months.
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b. How many employees are proposed to be employed at this site?
• There is no proposal for any employees to be located at this site. The site is regularly checked
by an employee of the Highland Ditch Company for the on-going uses associated with the
water storage and maintenance of the property.
c. What are the hours of operation?
The hours of operation for the ski club would be sunrise to sunset seven days a week. While
access to the lake for skiing will be based on weather conditions and water levels it is not
anticipated that the lake would have skiing every day of the week.
d. What type and how many structures will be erected (built) on this site?
The site has an existing club house, storage sheds and outhouse (vault) facilities. The
proposal for the ski club is to add a ramp, dock and beach on the north end of the reservoir
near one of the existing sheds. No other facilities are proposed at this time.
e. What type and how many animals, if any,will be on this site?
There are not any animals located on this site at this time. The site will retain the ability to
have animals based on the agricultural zone district.
f. What kind (type, size, weight) of vehicles will access this site and how often?
Passenger vehicles, trucks and boats on trailers will access the site for uses associated with
the ski club. It is estimated that three vehicles associated with the ski club would enter the
• site Monday through Friday and seven on Saturday and Sundays. Construction and/or farm
equipment necessary for the construction of the dock, ramp and beach will access the
property during construction and maintenance of the ski area. Other vehicles and/or
machinery may access the property for maintenance associated with the on-going water
storage uses.
g. Who will provide fire protection to the site? The site is within the district boundaries for
Mountain View Fire Protection District. The applicant has provided a letter from LuAnn
Penfold, Fire Marshal dated August 22, 2008.
h. What is the water source on the property? Due to the nature of this site and existing uses,
water service does not exist on this site. Bottled water will be brought in by members of the
ski club.
i. What is the sewage disposal system on the property? An existing out house (vault) is
located on the property near the club house. NCU-481 established this as a recognized
historic use on the property.
j. If storage or warehousing is proposed, what type of items will be stored?
A shed exists on the north side of the lake for any necessary equipment for the ski club. No
overnight storage or warehousing is proposed for vehicles, boats and trailers.
• 6. Explain the proposed landscaping for the site.
There is no proposed landscaping associated with this proposal.
3
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs.
Due to the nature of this activity, reclamation is not applicable.
8. Explain how the storm water drainage will be handled on the site.
Historic drainage will not be altered. There are no current plans on changing any of the existing
structures. Parking will occur in the field adjacent to the proposed ramp and dock area. The
construction of the ramp, dock and beach clean up will not impact the drainage to this site.
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin.
Construction of the proposed dock, ramp and beach area will be at the earliest possible time from
receiving approval of the Use by Special Review Permit. The construction time will be impacted by
weather and water level in the reservoir.
10. Explain where storage and/or stockpile of wastes will occur on this site.
No storage or stockpile of wastes will occur from uses associated with the ski club. Based on the
nature of the uses, club members will take out any trash that is brought in associated with food and/or
drink. The ski club will have a"pack it in—pack it out" policy similar to many of the recreational
• facilities and National Forest policy.
•
4
�ouNrg2N MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Administrative Office:
1 t_ 9119 County Line Road •Longmont, CO 80501
• eh. e (303) 772-0710 •FAX (303) 651-7702
von
August 22, 2008
Mr. Ray Den
Highland Ditch Company
P.O. Box 1972
Longmont, CO 80502-1972
Dear Mr. Den:
The Fire District acknowledges that there are three separate access points to the Mulligan
Reservoir in the event there should be an emergency at the site. The Fire District will
• most likely use the existing PDC oil and gas road as the primary access point and has no
objection to the use of the Reservoir for water-skiing activities.
Should you need additional information or have any questions, please contact me at 303-
772-0710 x 15.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/lp
cc: project file
Ip08.24.08
•
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 14308 Mead St.,Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwoi,CO 80544 80026 80516 Dacono,CO 80514
7 OPo DEPARTMENT OF NATURAL RESOURCES
9 Oi DIVISION OF WATER RESOURCES
} 876 * Bill Ritter,Jr.
Governor
Harris D.Sherman
Executive Director
Dick Wolfe,P.E.
Director/State Engineer
James R.Hall,P.E-
Division Engineer
August 29, 2008
Dave Bachman
Highland Ditch Company
4309 State Highway 66
Longmont, CO 80504
RE: Waterskiing on Highland#1 Reservoir
Dear Mr. Bachman,
This Office does not take exception to the Ditch Company allowing waterskiing on Highland #1 Reservoir,
as far as the safety of the structure is concerned. Please note wave action caused by boats could increase the
occurrence of erosion along the upstream slope, and the Ditch Company may need to add additional erosion
protection and be diligent in repairing erosion that occurs.
• The Highland Ditch Company as the owner of this facility is liable for the safety of the structure and for any
loss of life and/or property damages caused by a failure of the water storage facility in accordance with state
statutes. Therefore it is in the Highland Ditch Company's best interest to assure the facility is operated and
maintained in a manner such that the safety of the dam and general public are not jeopardized. If you have
any questions this or any other dam safety related item,please feel free to give me a call at(970) 352-8712.
Sincerely
( j2 �\�
John Batka, P.E.
Dam Safety Engineer
•
Water Division 1 • Greeley
810 9'h Street,Suite 200•Greeley,CO 80631 •Phone:970-352-8712•Fax:970-392-1816 [,
www.water.state.co.us �1 V
• 0
August 27, 2008
Kim Ogle, Planning Manager
Weld County, Colorado
918 10`h Street
Greeley, CO 80631
Dear Mr. Ogle:
Today, I met with Eric Doering, District Manager of the St. Vrain Sanitation District and the lake
0 and all of section 22 is not in the District service area. I am told by a homeowner in the
subdivision next to the lake that all of the homes are on septic systems and not part of any
Sanitation District.
Thank You,
E
Raymond E. Derr
Highland Ditch Company
Highland Reservoir # 1
Mulligan Reservoir
•
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