HomeMy WebLinkAbout20120126.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 3, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford
Alexander Zauder
Jason Maxey
Joyce Smock
Also Present: Michelle Martin, Department of Planning Services; Heidi Hansen, Department of Public Works;
Lauren Light, Department of Health, Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the December 6, 2011 Weld County Planning Commission minutes,
seconded by Bill Hall. Motion carried.
CASE NUMBER: USR-1683
APPLICANT: Highland Ditch Company
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Expansion of a Non-conforming Use,fishing and hunting club to 70 members
and the following additional recreational uses: boating, scuba diving,water
skiing, sailing, kayaking, canoeing, and overnight camping in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Mulligan Reservoir in Section 22, T3N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of CR 32; and east of CR 7.
Michelle Martin, Planning Services, stated that the applicants, over the last 3 years, have 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
their application to address many of the concerns.
This case was originally scheduled to be heard before Planning Commission in August 2009 but the applicant
decided to continue it indefinitely to address many of these issues.
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 to the Board of County
Commissioners through the Violation Hearing process. Since this case has not been presented to the Board
of County Commissioners, no investigation fee is required as this time. Please be aware that we have not
received any complaints regarding this parcel for at least two (2)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.
The property is not located within an Intergovernmental Agreement Area but does lies within the three mile
referral area for the City of Longmont and the Towns of Firestone and Mead. The Town of Mead indicated in
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their latest referral dated November 2, 2011 that the Town of Mead Board of Trustees reviewed this
application, and submits the following comments: "The board 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, 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.
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 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 one (1) letter from a surrounding property owner. Subsequently, ten (10)
letters have been received from surrounding property owners. Over the past 3 years, the applicant has
diligently worked to resolve many of their concerns. Some of the concerns stated in the letter dated October
25, 2011 are as follows: water skiing at high rates of speed, camping adjacent to Hunters Cove properties,
open fires adjacent to Hunters Cove properties, people urinating in public, loud music, overloading boats, not
wearing life jackets, and consuming alcohol. The Department of Planning Services believes that the
development standards and conditions of approval should help alleviate some of the concerns of the
surrounding property owners.
The Department of Planning Services is recommending approval of this application along with the attached
conditions of approval and development standards.
Heidi Hansen, Public Works, stated that the Town of Mead has jurisdiction over County Road 7 and County
Road 32; therefore any access requirements would be determined by the Town of Mead. Staff requested a
blow-up of the recreational area to get a better detail of where the club house, beach, boat ramp, dock,
camping and parking will be located. A portion of the site is located within the FEMA mapped 100 year
floodplain; however the floodplain area is generally within the boundaries of the water and is not up on the
shoreline. Any fill or structures such as boat docks or boat ramps that extend within those floodplain
boundaries will require a Flood Hazard Development Permit to ensure that the structures are correctly
anchored or that any fill would not change the floodplain and adversely affect neighboring properties. Ms.
Hansen recommended deleting Condition of Approval 10 as the applicants have addressed staffs'concerns.
Robert Grand moved to delete Condition of Approval 10 and renumber accordingly, seconded by Alexander
Zauder. Motion carried.
Lauren Light, Environmental Health, stated that since this is a seasonal use, portable toilets and bottled water
is acceptable. The privy that is currently on the property does need to be permitted. The applicant's
representative is aware of the permitting process. A Waste Handling Plan is required. Noise is restricted to
the non-specified level, which is the same as what residential noise limits would be.
Todd Hodges, 1269 N. Cleveland Ave, Loveland, CO, stated that this was first presented to the Planning
Commission in 2009 and a lot of things have occurred since that time and they are here to move the project
forward.
This application, if approved,would allow for up to 70 members and add additional recreational uses as listed
in the application. There is also future improvements shown and they are to be done at a later date. The lake
is located in the center of the section and is bordered by County Road 32 to the north, County Road 7 to the
west, 1-25 to the east, and Highway 66 to the south. Existing access for the Highland Ditch Company is from
County Road 32, for maintenance of the property. The main access for all the recreational uses is from
County Road 7.
If this request is approved, this would allow Highland Ditch Company and the Mulligan Fishing and Gun Club
to enter into a lease agreement. Through that lease the Mulligan Fishing and Gun Club would have control
over all the recreational uses of the project. Highland Ditch Company would still own the property and would
maintain the reservoir for the water as it was originally designed.
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Mr. Hodges stated that they have worked very diligently with the referral agencies and Weld County
Departments and feel that this meets the criteria for approval and respectfully requested that this application
be recommended favorably to the Board of County Commissioners.
Commissioner Grand asked if surrounding property owners living south of Hunters Cove Road have access to
the facility. Mr. Hodges said that you must be a member of the Mulligan Fishing and Gun Club to access the
facility. He added that the desire for expansion is to first allow the adjacent property owners the ability to
purchase a membership.
Commissioner Berryman said that this project has taken a while. He asked the applicant if he could give a
brief explanation of what has taken place since it was originally presented in 2009. Mr. Hodges said that in
2009 Highland Ditch Company was working independently from the Mulligan Fishing and Gun Club. It was a
unique situation where the hunting and fishing rights were deeded separate from the property. In 2009 when
we requested the continuance it was based on a trial that had been set to determine where the rights exist.
Through that District Court case, it established the uses that belong to the Highland Ditch Company and the
uses for the Mulligan Fishing and Gun Club uses as well as access to the property. Since then they have
been working diligently with the Mulligan Fishing and Gun Club so that they could expand their uses and
Highland Ditch Company would have an asset that they could see transpire through the use of this lake above
and beyond the hunting and fishing rights.
Mr. Hodges said that they have also met with the referral agencies and worked out their concerns. They have
also met with the Town of Mead and have had a favorable response. He added that there is one condition
that Highland Ditch Company is not willing to give up, which is the skiing on the lake.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tim Rosatti, 14500 CR 7, stated that the access from County Road 7 is his driveway. He has owned the
property for 23 years. When he first moved onto the property he was concerned with the access that Mulligan
Fishing and Gun Club had to the lake. After some research he found that the original access point was from
County Road 32. However, he added that they had been using the access from County Road 7 through what
is now his property for years and as a result it was grandfathered. He has had a reasonably good relationship
with the Mulligan Fishing and Gun Club.
Mr. Rosatti believes that there are 36 members currently and they want to double that. But the main access to
the Club house is through his property and they only have an easement to come and go. He has made it his
duty to make sure that the people that are hanging around there have a right to be there. Up until recently it
has primarily been summertime use. A couple years ago, a member started going there in late winter, early
spring to set up duck decoys. These conditions have deteriorated his driveway to where he can't mow the
drop off from the driveway. He is concerned about the maintenance of his driveway. He respects the
Highland Ditch Company and Mulligan Fishing and Gun Club; however he is concerned with the membership
increasing from 36 members to 70 members and using his driveway as an access. He added that they park
on his property waiting for the gate to be unlocked and he shouldn't have to monitor the members or friends of
the members that are waiting on his property.
Commissioner Holton clarified if Mr. Rosatti wants to move the access point from County Road 7 to County
Road 32. Mr. Rosatti said that if it is a possibility then yes. His main concerns are the driveway maintenance,
leaving the gate open, restrictions on when they can come and go, trash, noise, etc.
Frank Grimaldi, 261 Hunters Cove Drive, said that he lives across the street from the reservoir. He opposes
the water skiing and the overnight camping. He added that the water skiing has no safety controls. Camping
is taking place adjacent to the Hunters Cove property; however he understands that they want to restrict the
camping area to another place. He is also concerned with the open fires adjacent to the Hunters Cove
properties and urinating in public. The noise from the radios exceeds the high speed motors and that should
give an indication of how loud the noise is. He noted that the application stated that boating has been
associated for many years. He stated that there were small boats; there were never ski boats on there until
they went on the lake without a permit. He asked what occasional camping is and suggested putting
restrictions on this.
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Mike Marshall, 127 Hunters Cove Rd, stated that his property backs up to the reservoir and he is a board
member of the Mulligan Fishing and Gun Club. The adjacent owners have tried to become members for a
long time because it is obviously in their backyard. In the past they did not have the ability because there were
no memberships available. With the expansion of the membership they would like to allow every homeowner
to have access to the lake. The Club has offered the homeowners to come for a fishing day. The extra
memberships will not have hunting privileges because they feel that the hunting is something they need to
have controlled; they will only have fishing privileges.
Mr. Marshall stated that the Mulligan Fishing and Gun Club do not allow water skiing on the lake. If this case
is approved and the lease agreement is approved and signed there will not be any water skiing or camping.
Mr. Marshall said that with regard to the access from the gate into the lake property they mow and maintain it.
He added that they don't maintain the driveway on Mr. Rosatti's property but offered that they could.
Jim McKinstry, 3750 CR 32, stated that he owns property north and east of reservoir. He added that his
bedroom is about 60 foot from the lake. He had a terrible experience a couple years ago with the noise,
alcohol and public urination, parties, etc. When he moved there 30 years ago he was told by the fishing club
and Highland Ditch that there was a restriction of 5 horsepower boats on that lake but somehow that has
disappeared. He is opposed to any water skiing on the lake.
Mike Mitchell, 13810 N 115th, Longmont, CO, stated that he is a member of the Board of the Mulligan Fishing
and Gun Club. He wished to clarify what has transpired in the last few years. From the initial application they
entered into a court a case with the Highland Ditch Company. The result of that case essentially separated for
each of them the rights on the reservoir. One of the rights that the Mulligan Fishing and Gun Club had always
been engaged in was the hunting and fishing and the appurtenant boating that would go on to conduct those
activities. The Highland Ditch Company decided that they would test whether in fact they had the right. The
court determined that Mulligan Fishing and Gun Club own the hunting and fishing rights and Highland Ditch
owns the other appurtenant boating activities that occur on the lake.
The Mulligan Fishing and Gun Club has an excellent relationship with all the neighbors and value it. If this
case is approved they have agreed upon a lease with Highland Ditch and will lease those rights and control
them. He added that they have always had a wakeless boats speed restriction and that will continue. They
have never had any value for camping at the lake so he doesn't believe it will be needed or used. Whether
water skiing is approved or not they will still enter into a lease with the ditch company to be able to control the
entire bundle of rights and will continue to be a good neighbor to the homeowners.
The Chair closed the public portion of the meeting. The Chair called a recess at 2:28 pm and reconvened the
meeting at 2:41 pm.
The Chair asked the applicant to respond to the public's concerns. Mr. Hodges said that it is important to
understand that it is an application requested by Highland Ditch Company. Highland Ditch Company is
requesting that all the uses stated in the application be included, but they are working with the Mulligan Fishing
and Gun Club. If they sign the lease then the Mulligan Fishing and Gun Club will have 100%control over the
recreational rights under that lease. The access has been addressed in both the court case and prior deeds.
As far as maintenance, he believes the Mulligan Fishing and Gun Club have offered the ability to maintain the
additional portion of Mr. Rosatti's property. The lease requires that the maintenance is performed by the
Mulligan Fishing and Gun Club. Mr. Hodges stated that he has no knowledge of what happened prior to the
application but believes that the development standards and conditions of approval adequately address the
concerns dealing with noise, public urination, use of the boats on the lake,etc. He added that according to the
Mulligan Fishing and Gun Club they would not allow skiing. Camping is restricted and would be limited to
somebody on the property for maintenance or clean up.
Brad Yatabe, County Attorney, asked Mr. Hodges to clarify his relationship with Highland Ditch Company. Mr.
Hodges stated that he has a contract with Highland Ditch Company and is a legal representative for this
hearing.
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Commissioner Grand said that the Highland Ditch Company is requesting all inclusive rights however the
Mulligan Fishing and Gun Club as well as the neighbors do not support overnight camping and water skiing.
He asked if those items need to remain in the request if the Mulligan Fishing and Gun Club do not intend to
use it. Mr. Hodges said that Highland Ditch Company has always wanted those uses included and it is their
desire that if for some reason the Mulligan Fishing and Gun Club did not participate in the project that they did
have those rights associated with the USR.
Mr. Grand asked Mr. Hodges to address the people waiting on the neighbor's property. Mr. Hodges said that it
needs to be worked out with the Mulligan Fishing and Gun Club and the landowner.
Ken Lind, Lind & Ottenholf, 355 Eastman Park Drive, Suite 200, Windsor, CO, stated that he is general
counsel for the Highland Ditch Company. He indicated that up until today they have not received a report or
heard any issue regarding any parking on the road. It would be the responsibility of the Mulligan Fishing and
Gun Club,which may be as simple as moving the gate further to the east. Mr. Lind clarified that the easement
is not grandfathered in. It actually is called a deeded easement which goes back to 1924. The original
property owner owned the entire northwest quarter and sold the lake and deeded the easement for access to
the lake to Highland Ditch Company. That individual then maintained his rights to hunting and fishing. He
later conveyed those rights and created a Club which is how we ended up with two different ownerships. The
lease does provide that the Mulligan Fishing and Gun Club is responsible for maintenance of the access road.
Commissioner Hall asked what the term of the lease is. Mr. Lind replied that it goes until 2036 with various
lease terms and various option terms.
Mr. Hodges requested to make some changes to the conditions of approval and development standards. He
started with Condition of Approval 1.E and stated that they didn't feel that 35 parking spaces was necessary;
however they will continue to work with staff and submit a new drawing regarding the layout. He added that it
will also address the Town of Mead's desire to see a parking layout on this site.
Mr. Hodges requested to remove"walking trails"from Condition of Approval 1.J as they are not proposing to
build any standard trails.
Mr. Hodges said that they will submit a letter with the applicant's signature requesting that Condition of
Approval 2, in regard to addressing the requirements of the Weld County Building Department, be deleted. He
added that Ms. Martin has indicated that it is acceptable upon submittal of a letter.
The Chair clarified if staff agrees. Ms. Martin said that she doesn't have any concerns with deleting"walking
trails"from Condition of Approval 1.J. Staff requested that Condition of Approval 2 remain until a signed letter
from the property owner is received.
Bill Hall moved to delete"walking trails"from Condition of Approval 1.J, seconded by Nick Berryman. Motion
carried.
Mr. Hodges referred to Condition of Approval 5 regarding an Improvements Agreement and feels that based
on the project this is not applicable. Some of those improvements are future improvements and could be
made at a later date. He added that if there is any construction they would come in for building permits and it
would be addressed at that point. Ms. Martin stated that they are not asking for any landscaping or screening;
therefore they have no concerns. Ms. Hansen added that they have no concerns as well.
Robert Grand moved to delete Condition of Approval 5, seconded by Bill Hall. Motion carried.
Mr. Hodges requested to amend Development Standards 13 and 14 by deleting"on the proposed lots"since
this is not a subdivision or doesn't have multiple lots associated with it. Ms. Martin added that they have no
concerns with this request.
Bill Hall moved to delete "on the proposed lots" from Development Standards 13 and 14, seconded by Nick
Berryman. Motion carried.
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The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1683, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes with comment; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes;
Jason Maxey, yes; Benjamin Hansford, absent; Mark Lawley, absent; Tom Holton, yes. Motion carried
unanimously.
Commissioner Berryman understands that it has taken a while but it appears that everyone was able to work
through these issues. He wished to commend all the parties on their hard work.
Commissioner Holton commented that it appears everything has been mitigated through the years and the
lease agreed upon by the Mulligan Fishing and Gun Club.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
commented that certain positions will be becoming available for the next Planning Commission term and
asked if there is a recommendation from the Chair on potential solutions to those positions. The Chair
recommended changing the bylaws for the Planning Commission and then the Board of County
Commissioners would vote on that. Mr. Grand asked what the timeline is for that. Brad Yatabe, County
Attorney, said that he would check into that and report back at the next Planning Commission hearing.
Meeting adjourned at 3:06 p.m.
Respectfully submitted,
-ae1Karlide
Kristine Ranslem
Secretary
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