HomeMy WebLinkAbout20120384.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
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.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.A.Goal 9. Reduce potential conflicts between varying land uses in the
• conversion of traditional agricultural lands to other land uses.
A.Policy 9.5. 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 affected by the proposed land
use change through the referral process.
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. The Department of Planning
Services has determined that with these proposed changes, the use is compatible with the
surrounding land uses.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone Districts. Section 23-3-40.N of the Weld County Code allows for a Site Specific
Development Plan and Special Review Permit for an Expansion of a Nonconforming Use,
fishing and hunting club to 70 members and the following additional 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 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 on regarding this parcel for at least 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.
2012-0384 ass
Resolution USR-1683
Highland Ditch Company
• Page 2
The initial complaint was received from several private citizens.
This application if approved by the Board of County Commissioners and once a plat is
recorded will correct the violation. If this application is denied, all commercial skiing
components shall be removed from the property.
C. Section 23-2-220.A.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 Agricultural (A). 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 1 letter from a surrounding property subsequently 10 letters had been received from
surrounding property owners. Over the past 3 years the applicant has diligently work to
resolve many of their concerns. Some of the concerns stated in the letter dated 10/25/2011
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 development
standards and conditions of approval should help elevate some of the concerns of the
surrounding property owner.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted 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 lies within
the three mile referral area for the City of Longmont,Town of Firestone and Mead. The Town
of Mead indicated in their latest referral dated 11/2/2011 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 approve 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.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee,
and the Stormwater/Drainage Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.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 applicants do not intend to diminish the
current use of the property therefore the agricultural vitality is not harmed.
Resolution USR-1683
Highland Ditch Company
• Page 3
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code), Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards will
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1683. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. The applicant shall delineate the recorded access from County Road 32 per reception
number 3628369. The applicant shall also delineate the access easement from County Road
7 to the reservoir with book and page. (Department of Planning Services)
• E. The applicant shall delineate at least 35 parking spaces 10 of which will need to
accommodate boat trailers. (Department of Planning Services)
F. The location of the two port a potties shall be shown on the plat. (Department of Planning
Services)
G. The location of all oil and gas facilities shall be show on the plat in addition to their setbacks.
(Department of Planning Services)
H. On the Plat, provide a blow-up of the recreational area with existing and future improvements
shown and labeled as well as all parking and camping areas. (Department of Public Works)
Show and label the FEMA floodplain boundaries on the Plat. (Department of Public Works)
J. Show and label the campsite, fire rings, and where the boats will be stored. (Department of
Planning Services)
2. The applicant shall address the requirements (concerns) of Weld County Building Department, as
stated in the referral response dated 12/12/2011. (Weld County Building Department)
3. All septic systems(which include vault privies) located on the property shall have appropriate permits
from the Weld County Department of Public Health & Environment. The Environmental Health
Division of the Weld County Department of Public Health&Environment 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 & 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. (Department of
Public Health and Environment)
Resolution USR-1683
Highland Ditch Company
• Page 4
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&Environment. The plan shall include at a
minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility name,
address, and phone number). (Department of Public Health and Environment)
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 can 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. (Department of Planning Services)
6. The applicant shall address the requirements (concerns) of the Town of Mead, as stated in the
referral response dated 11/2/2011. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Town of Mead)
7. The applicant shall address the requirements (concerns) of the U.S. Army Corps of Engineers, as
stated in the referral response dated 10/19/2011. Evidence of such shall be submitted in writing to
• the Weld County Department of Planning Services. (U.S. Army Corps of Engineers)
8. The applicant shall address the requirements (concerns) of the Division of Wildlife, as stated in the
referral response dated 12/21/2008. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Division of Wildlife)
9. Upon completion of 1 - 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 Department of Planning Services' Staff. 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.
(Department of Planning Services)
10. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
11. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsaco.weld.co.us. (Department of Planning Services)
12. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
•
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Bill Hall.
Resolution USR-1683
Highland Ditch Company
• Page 5
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
• Colorado, adopted on January 3, 2012.
Dated the 3rd of January, 2012.
��7
'�,61Ski � 21,1lL> 111)
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Highland Ditch Company
USR-1683
1. A Site Specific Development Plan and Special Review Permit for an Expansion of a Nonconforming
Use, fishing and hunting club to 70 members and the following additional recreational uses: boating,
scuba diving, water skiing, hiking, sailing, kayaking, canoeing, and overnight camping in the A
(Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
5 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
• 7. Adequate drinking (bottled water), handwashing and toilet facilities(portable toilets)shall be provided
for personnel using the facility. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
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. (Department of Public Health and
Environment)
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 (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
13. Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services)
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. (Ordinance 2011-2) (Department of Planning
• Services) (Department of Planning Services)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1683
Highland Ditch Company
Page 7
• 16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
17. A building permit shall be obtained prior to the change of use, or construction of any new structures.
(Department of Building Inspection)
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. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits 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. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2011 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
20. All building plans shall be submitted to Mountain View Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
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 constructed as traffic control devices. (Department of Planning
Services)
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. (Division
of Wildlife)
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 also 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. (Department of Planning Services)
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, 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. (Department of
Public Works)
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. (Department of
Planning Services)
•
Resolution USR-1683
Highland Ditch Company
Page 8
• 27. The historical flow patterns and runoff amounts will be maintained on 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 run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
28. The 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. (Department of
Planning Services)
31. The uses established with NCU-481 (Mulligan Fishing and Hunting Club) shall still remain in effect.
(Department of Planning Services)
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. (Department of Public
Works)
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. (Department of Public Works)
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. (Department of Public Works)
35. The applicant has an agreement with parcel owner 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.
(Department of Public Works)
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. (Department of Public Works)
38. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
• they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
Resolution USR-1683
Highland Ditch Company
Page 9
• relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
• the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
I -3- 12-
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
EXHIBIT 1
CIJYYvlatui
/-/l- 20
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.
2
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.
3
• 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.
4
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.
5
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 subb/mitted,
•
Kristine Ranslem
Secretary
•
6
Lit C(ei
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 4, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner
Tom Holton
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Kim Ogle, Chris Gathman,and Michelle Martin, Department of Planning Services;Don Dunker,
Clay Kimmi, and Janet Carter, Department of Public Works; Troy Swain and Lauren Light, Department of
Health; Bruce Barker, and Cyndy Giauque, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the July 7,2009 Weld County Planning Commission minutes,seconded by
Erich Ehrlich. Motion carried.
The Chair opened up the nominations for Chair of the Planning Commission. Erich Ehrlich nominated Tom
• Holton for Chair, seconded by Robert Grand. Mr. Holton accepted the position.
Erich Ehrlich nominated Mark Lawley for Vice-Chair, seconded by Nick Berryman. Mr. Lawley accepted the
nomination as Vice-Chair.
The Chair read the first case into the record.
CASE NUMBER: USR-1683
APPLICANT: Highland Ditch Company
PLANNER: Michelle Martin/Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Expansion of a Non-conforming use (water ski club)in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Highland Reservoir#1 being part of Section 22,T3N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: Approximately 700 feet south of CR 32 and approximately 1,200 feet east of CR
7.
Michelle Martin, Planning Services, stated that the applicants in their email dated July 27, 2009 and letter
dated July 28, 2009 are requesting an indefinite continuance until legal matters have been resolved.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Erich Ehrlich moved that Case USR-1683 be continued indefinitely, seconded by Nick Berryman. Motion
carried.
The Chair read the next case into record.
CASE NUMBER: USR-1699
APPLICANT: Dennis&Denise Coyne
PLANNER: Michelle Martin/Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
1
Hello