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Home My WebLink About20111229.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Erich Erhlich, that the following resolution be introduced for denial by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1778 APPLICANT: Ed Orr PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility(water skiing lake and campsite for water skiing members, along with commercial hunting on a fee basis) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part of the NW4NW4; Part S2NW4; N2SW4; NW4SE4 of Section 31,T6N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 62.25; East of and adjacent to CR 25. be recommended unfavorably to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 22-5-30.A. 2. W.Policy 1.2. Conflicts with fish and wildlife habitats and migration routes should be considered in land development. Developments adjacent to rivers and streams, waterfowl areas and important or critical wildlife areas should incorporate reduced densities, adequate setbacks and buffered areas. Section 22-5-20.C. W.Goal 3. Coordinate with local, state and federal agencies to identify, conserve, protect or enhance critical fish and wildlife habitat by attempting to implement measures for the protection or enhancement of such areas. • B. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. There is an existing metal skinned building on the property.The site (property) boundaries are approximately 1600 feet from a residence, and 1500 feet to the West from River Run at the Poudre River Ranch and Poudre River Ranch subdivisions. Hall Irwin and Aggregate Industries have active mineral resource operations to the north and northeast, respectively, Lafarge has recently permitted a mineral resource facility to the north- northwest, the Poudre Trail is to the south adjacent to County Road 62.25 and the Poudre Learning Center is located adjacent to the East. 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. Should the Board of County Commissioners approve the proposal,the Planning Commission recommends the following conditions: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1778. (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 location of all oil and gas facilities shall be shown on the plat in addition to their setbacks. (Department of Planning Services) 11, E. The location of the active Bald Eagle Nest and the seasonal restrictions for human encroachment. (U.S. Department of Interior, Fish and Wildlife Service Colorado Division of Wildlife) , � .w 2011-1229 Resolution USR-1778 Ed Orr Page 2 • F. County Road 62.25 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of- way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) G. Access is via an existing access onto County Road 62.25, "F"Street, and will be gated.The applicant has obtained an Access Permit(AP11-00062)to utilize the existing access for the proposed use. The gate must be placed far enough back from the County roadway to allow for a truck and trailer to completely pull off of the roadway before stopping to open the gate. (Department of Public Works) H. The applicant must show the locations of individual campsites on the site plan as well as parking areas for a minimum of 100 vehicles with trailers and any storage areas, boat ramps, and boat docks. The applicant has indicated that there will be no permanent structures associated with this use. (Department of Public Works) I. Portions of this parcel are located within the FEMA mapped Zone A 100-Year floodplain and the floodway. Weld County Code prohibits the construction of buildings within the floodway. Any structures or grading in the floodplain would require a Flood Hazard Development Permit (FHDP). Due to the hazardous nature of the floodplain, potential for loss of life,and potential for damage to public facilities such as bridge, campsites and overnight parking cannot be located in the FEMA 100-year floodplain or the floodway.Also, no campsites will be allowed between the river and the lakes due to the fact that the river banks could be eroded during flood flows. The boundaries of the floodplain and the floodway must be shown on the site • plan. Portable boat docks have to be anchored per an engineered design because the lakes are in the floodplain and, in a flood,the boat docks could move downstream and block flows (e.g. if they become entangled in a bridge). All temporary structures shall be delineated on the plat, including yet not limited to: a. The location of individual numbered campsites b. Parking areas for a minimum of 100 vehicles with trailers c. Storage areas d. Boat docks and ramps e. Boundaries of the FEMA-mapped 100-year floodplain and the floodway as depicted by the 2003 Army Corps of Engineers Cache La Poudre River Floodplain Study. (Department of Public Works) 2. The applicant shall address the requirements/concerns of the US Army Corps of Engineers as addressed in their referral dated March 9, 2011. Written evidence that the applicant acknowledges the Corps comments shall be provided to the Department of Planning Services. (US Army Corps of Engineers) 3. The applicant shall address the requirements/concerns of the Federal Emergency Management Agency, referral dated 4-1-2011 as addressed in their referral dated April 1, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (FEMA) 4. The applicant shall address the requirements/concerns of the Weld County Department of Public Works as addressed in their referral dated April 5, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (Weld County Department of Public Works) Resolution USR-1778 Ed Orr Page 3 • 5. The applicant shall address the requirements/concerns of the U.S. Department of Interior, Fish and Wildlife Service as addressed in their referral dated April 7, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (U.S. Department of Interior, Fish and Wildlife Service) 6. The applicant shall address the requirements/concerns of the Colorado Division of Wildlife as addressed in their referral dated April 8, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (Colorado Division of Wildlife) 7. The applicant shall address the requirements/concerns of the Weld County Department of Public Health and Environment as addressed in their referral dated April 8, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (Weld County Department of Public Health and Environment) 8. The applicant will take into consideration the recommendations of the City of Greeley as addressed in their referral dated April 7, 2011. Written evidence that these recommendations have been addressed shall be provided to the Department of Planning Services. (City of Greeley) 9. The applicant will take into consideration the recommendations of the Town of Windsor as addressed in their referral dated April 8, 2011. Written evidence that these recommendations have been addressed shall be provided to the Department of Planning Services. (Town of Windsor) 10. The applicant shall submit written evidence of a permanent water source,for review and approval,to the Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of approval by the Department of Public Health&Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) • 11. The applicant shall submit written evidence of the installation of a permanent restroom facility. The installation of the restroom will require a septic permit through this Department. As this is a commercial facility the septic system must be designed by an engineer and approved by the Board of Health. Written evidence of approval by the Department of Public Health & Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) 12. 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) 13. Upon completion of 1 - 12 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 thirty (30) 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) 14. 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) Resolution USR-1778 Ed Orr Page 4 • 15. 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 dhuerter(cilco.weld.co.us (Department of Planning Services) 16. 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 Mark Lawley. VOTE: For Denial Against Denial Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Jason Maxey • 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 May 3, 2011. Dated the 3rd of May, 2011. , lt :uYlilLll Kristine Ranslem Secretary • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • Ed Orr and Orlando Ltd., do Jim Roth USR-1778 1. A Site Specific Development Plan and Special Review Permit for a private commercial recreational facility(water skiing late and unimproved campsite for water skiing members)along with commercial hunting (hunting on a fee basis) in the A(Agricultural)Zone District and subject to the Development Standards stated hereon. (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", at all times. (Department of Public Health and Environment) • 7 Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved"dust abatement plan",at all times. (Department of Public Health and Environment) 8. Any septic system 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. Recreational Vehicle(RV) units that have self-contained sewage disposal,shall dispose of sewage at an approved off-site facility. (Department of Public Health and Environment) 10. Adequate drinking, handwashing and toilet facilities shall be provided for personnel using the facility. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 12. A permanent restroom facility shall be provided for the public. (Department of Public Health and Environment) 13. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). (Department of Public Health and Environment) 14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 15. All potentially hazardous materials, such as fuel, must be stored and handled in a safe manner in • accordance with product labeling. (Department of Public Health and Environment) Resolution USR-1778 Ed Orr Page 6 • 16. 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) 17. The applicant should be made aware the lake water may not meet all water quality standards for natural swimming areas as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages the applicant to periodically test the lake water. (Department of Public Health and Environment) 18. Utilize the existing accesses to the site from County Road 62.25. No new accesses will be granted. (Department of Public Works) 19. There shall be no campsites or overnight parking located in the FEMA-mapped 100-year floodplain or in the floodway due to the hazardous nature of the floodplain and the potential for loss of life. (Department of Public Works) 20. There shall be no campsites or overnight parking located between the Cache La Poudre River and the lakes, Siebring Reservoir, due to the potential for riverbank erosion that occurs during a flooding event. (Department of Public Works) 21. 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) 22. There shall be no parking or staging of vehicles on County roads. (Department of Public Works) 23. 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) 24. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcel#080531000063 may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Maps#8082660- 0609C dated September 28, 1982 and Map Panel#080266-1504E dated June 10,2005, 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) 25. Future development occurring within the floodplain shall be in compliance with the floodplain codes in effect at that time. Future development activities located within the FEMA-mapped floodplain will have to obtain the appropriate flood hazard development permits. (Department of Public Works) 26. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning Services) 27. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. • 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. Resolution USR-1778 Ed Orr Page 7 • 30. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) 31. 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 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 32. All building plans shall be submitted to Windsor-Severance Fire Protection District for review and approval prior to issue of Building Permits. (Department of Planning Services) 33. All roads within the permitted area shall be all weather and maintained to allow for emergency responders safe and adequate access. (Department of Planning Services,Windsor-Severance Fire Protection District) 34. 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) 35. Hunting on a fee basis is limited to members and their guests. (Department of Planning Services) 36. Thirty(30)days prior to commencement of any hunting activities,the applicant shall notify the Poudre Learning Center to minimize any potential impacts to the users of the Center and the Poudre Trail. • (City of Greeley) 37. Should 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, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 38. 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) 39. The applicant shall utilize the existing access to the parcel. (Department of Public Works) 40. Primary access drives shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 41. 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) 42. All boats, campers, docks, shelters, portable fire pits, picnic tables, duck blinds, decoys, and similar recreational equipment owned by members and guests of the Eagle Lakes Water Ski Club and Western Waterfowl Outfitters shall be removed from premises at end of each season. (Department of Planning Services) • Resolution USR-1778 Ed Orr Page 8 • 43. Hours of operation for the water skiers shall be from sunrise to sunset from April 1 through September (Labor Day Monday) unless it is substantiated by CDOW that the breeding pairs are present on site. If the latter, Development Standard No. 44 takes precedence. (Department of Planning Services) 44. There will be no human encroachment,of an active nest, for example, camping, motor boating/water skiing and the construction of a physical object, for example, oil and gas wells and associated encumbrances, for a distance of one-half mile radius from October 15 through July 31 of any given year based on State and Federal Guidelines. (USFWS, CDOW) 45. 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. 46. 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. 47. 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 • 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 Resolution USR-1778 Ed Orr Page 9 • 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. • • 5 -11 • 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 he is in agreement with the exception of the North 23rd Avenue access. Robert Grand moved that Case AmUSR-1102, 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 Roy Spitzer. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes with comment; Bill Hall, yes with comment; Alexander Zauder, yes; Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. Commissioner Hall commented that this use has operated for several years and has maintained the same intensity. Commissioner Grand echoed Mr. Hall's comments. The Chair read the last case into record. CASE NUMBER: USR-1778 APPLICANT: Ed Orr PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Recreational Facility(water skiing lake and campsite for water skiing members, along with commercial hunting on a fee basis) in the A(Agricultural)Zone District. • LEGAL DESCRIPTION: Part of the NW4NW4; Part S2NW4; N2SW4; NW4SE4 of Section 31,T6N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 62.25; East of and adjacent to CR 25. Kim Ogle, Planning Services, stated that Mr. Roth,who is the leasee of the property, is currently operating on site without the appropriate land use permits and has not addressed the conditions of approval or prepared a plat for recording, thereby demonstrating compliance with the future Board of County Commissioners Resolution, if approved. Staff has indicated to Mr. Roth the potential pitfalls associated this action. Mr. Ogle stated that Mr. Roth is here today and will request the Planning Commission to consider a 60-day continuance so that he may conduct some sort of study. The property is not located within an Intergovernmental Agreement area;however it is located within the three- mile referral area for the City of Greeley and the Town of Windsor. The City of Greeley, in their referral dated April 7, 2011, stated concerns with the floodway, 100 year and 500 year floodplains, the proximity to the lake and hunting activities in or near the proximity of a known bald eagle nesting area, damage to sensitive shorelines and the proximity of low-intensity Poudre River and the Poudre Trail and the Poudre Learning Center to the more intensive uses associated with this recreational facility. The Town of Windsor, in their referral dated April 8, 2011, stated concerns with the floodplain and floodway located onsite and the adequacy of safety precautions for users of the Poudre Trail during the hunting season. The property under review was formerly mined for mineral resource for the acquisitionsof sands,gravels, and stones by others and has been reclaimed. The use of the land is limited as three-quarters of the site, as this area lies within the floodway and floodplain of the Cache la Poudre River. The proposed recreational facility will be located on reclaimed lands within the Poudre River Corridor. There are three ponds known as the Sebring Reservoir that will be utilized as part of the facility. All primitive campsites and associated parking of vehicles, trailers and associated set equipment are located south of • these lakes outside of the FEMA designated floodway and floodplain boundary. The undeveloped site has cattle grazing onsite during certain periods of the year including today. As previously stated by referral, there is an active breeding bald eagle nest located within the River Corridor which has been present for several 77""' 10 M • • years. Referrals from the U.S. Fish and Wildlife Service and the Colorado Division of Wildlife(CDOW)state that breeding bald eagles occupy territories areas they will typically defend against intrusion by other eagles in addition to the active nest. Territory may include one or more alternative nests, nests built or maintained by eagles but not used for nesting in any given year. The Eagle Act prohibits removal or destruction of both active and alternate bald eagle nests. Bald eagles exhibit high nest activity,fidelity, and nesting territories are often used year after year. The bald eagle continues to be protected by the Bald and Golden Eagle Act even though it has been d-listed on the Endangered Species Act. The site boundaries are approximately 50 feet from the nearest residence which is immediately south of and adjacent to County Road 62.25. It is approximately 1500 feet to the west of the River Run at Poudre River Ranch and the Poudre River Ranch Subdivision. Hall-Irwin and Aggregate Industries have active mineral resource development operations north and northeast respectively. Lafarge has recently permitted a mineral resource development facility north and northwest of the River Corridor. Poudre Trail is to the south,adjacent to County Road 62.25 and the Poudre Learning Center is located immediately adjacent to the east. Sixteen referral agencies reviewed this case; eleven agencies offered comments, some with specific conditions that have been incorporated into the staff recommendation. Four telephone calls were received from referral agencies and interested parties in regard to the proposal. The Department of Planning Services received a non-solicited referral from Suzanne Linner, Colorado Field Supervisor and a follow-up phone call from Peter Plage with the U.S. Department of Interior Fish and Wildlife Services concerning the existing active and documented bald eagle nest located south of the South Platte River. Their comments were based on the authority conferred by this agency,the Migratory Bird Treaty Act of 1918 as amended in the Bald and Golden Eagle Protection Act, also as amended. Kathy Parker with Central Colorado Water Conservancy District contacted the Planning office by telephone with concerns of shore erosion, water quality, invasive species and their ability to adjust water levels for • augmentation both with acceptance of water from the Jones Ditch and Poudre River and the drawdown of stored waters in the three water bodies identified as Sebring Reservoir. Brandon Muller with CDOW contacted the office and stated that there is an active breeding of bald eagle on premises and stated that a referral would be forthcoming. That referral was received on April 8, 2011. Representatives from the Poudre River Learning Center contacted the office on numerous occasions in an effort to gain an understanding of the planning process and how to enable their voice to be heard. Staff has received numerous letters of concern with the application. Mr. Ogle indicated that he received six letters that are a part of a packet of information that Mr. Barker has. It is the opinion of the Department of Planning Services that the conditions of approval and development standards will address the concerns raised by referral agencies;therefore staff is recommending approval of this application. Commissioner Maxey asked if staff is supporting the request for a continuance. Mr. Ogle replied that staff is not in support of it since Mr. Roth is currently onsite operating without an appropriate land use permit. Lauren Light, Environmental Health, commented that the applicant stated that portable toilets will be available in each campsite; however since it is not a temporary or seasonal use permanent water and sewage disposal are required. Most of the RV's are probably self-contained for sewage and Development Standard 9 requires RV's to dispose of sewage in an approved off-site facility. The Dust Abatement Plan consists of low speed limits. Heidi Hansen, Public Works, stated that County Road 62.25 is a local gravel road requiring 60 feet of right-of- way at build out. In November 2008 there were 140 vehicles on that road. The applicant will be using the existing access; however staff will review it to ensure that there is an adequate turning radius for boats and • trucks to get in and out of the facility. The applicant will be required to make sure that the gate is far enough back off the roadway so that the truck and trailer can pull completely off of the roadway before stopping to open the gate. Portions of the site are located in the floodplain and floodway;therefore no camping is allowed 11 • in the floodplain or floodway due to potential loss of life. There is no parking or leaving campers unattended in the floodplain or floodway. Boat ramps will need to be anchored with an engineered design so that it won't flood downstream and take out bridges. Jim Roth, 22150 CR 41, LaSalle, CO, said that he has a letter from the previous landowner stating that the eagles came onsite after they had been using the lakes for waterskiing. There is a recommended buffer zone that U.S. Department of Fish and Wildlife have but it also says that any prior use that was going on is still going to be allowed. Mr. Roth commented that with the hunters donations to the eagles and their flight they have donated a lot of money to get the eagles to the point of where they are now. There are over 10,000 breeding pairs now in the lower 48 states. Unfortunately, we have overlap with humans and the eagles but fortunately, the eagles have not abandoned their nests. Commissioner Holton asked if Mr. Roth could submit the letter he just spoke of. Mr. Roth submitted the letter as evidence and added that it is from the landowner establishing the fact that the property was used prior to the eagles coming onsite. Mr. Roth commented that the eagles have adapted quite well to the population. They have no desire to change that. He added that the ones there now have been raised with all the activity surrounding it. There have been approximately 20 eaglets and the activity has not seemed to affect them. Commissioner Berryman asked how many campers and hunters are expected to be out there. Mr. Roth said that the lease reads 25 campsites along the south edge of the lakes. The hunting has been going on for four years now and added that it tells him they have done a good job of being in compliance with the Poudre Learning Center because they think it is just going to start and it has been going on for four years. He added that they have been very respectful of the Poudre Learning Center as they have created a good buffer zone to keep from disturbing them. He believes a hunter's education program would be a good thing to give the kids who are fearful of hunting an education. • Commissioner Ehrlich stated that according to the lease the request is for 25 campsites and understands that the site has been operating for the last four years. He asked how many sites are projected for the season as the intensity of the use is changing as to what was done previously. Mr. Roth said that they have had 20 to 23 campers. Mr. Ehrlich asked if the intensity has changed at all. Mr. Roth replied that it has stayed consistent. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Judy Firestein, 30951 CR 27, expressed that she would like to share a petition that was started to voice opposition to this proposal. In the last 48 hours over 500 signatures have been collected online and they are being added as we speak. She submitted the petition as evidence. Ms. Firestein commented that people care about this area and care about the bald eagle,the Poudre Trail and the Poudre Learning Center. As people signed the petition you will note that there are many comments and she wished to share a few of those comments by reading them into record. Karen Trusler, Superintendent of Schools RE-4 Windsor-Severance School District, commented that two letters were submitted on their behalf. Usually the letter of impact relates to impact of school buildings, facilities and student growth. This will have no impact on them; however when it was brought to their attention that the proposal is adjacent to the Poudre Learning Center it was important for her to emphasize student safety. She was not aware that hunting has been occurring for the last four years. Robert J. Kahn, 7721 Poudre River Rd, commented that he agrees with everything that has been said previous to him. He is a homeowner in Poudre River Ranch and feels that he wants to represent the homeowners of the Subdivision. He is worried about the traffic, noise, safety, and pollution from the proposal. They care for the enjoyment of the area and are worried about the crowds, the trail and the green space. Another concern is the assessment value on their homes. The impact of the economy has been hard and is • worried that there may be an increase of sales if this proposal is granted. William Hoyt, 1226 38`"Ave, stated that he is the secretary of the Board of the Poudre Learning Center. He 12 • commented that it is a non-profit Colorado Educational Foundation registered with the State of Colorado. His involvement in this project has been more than 15 years as an educator at the University of Northern Colorado. He added that they train a lot of science teachers at that site every year. He added that they would like to maintain the integrity of the Poudre Learning Center for the students going through training. He believes that this proposal may threaten the future of that use. Commissioner Grand asked if the Poudre Learning Center has ever complained about the use in the last four years. Mr. Hoyt replied that he has not made any formal complaints but wished to defer that question to the Director of the Poudre Learning Center. Commissioner Maxey asked when the training of the students takes place during the year. Mr. Hoyt said that interns and others work on research projects 365 days of the year. He added that most of the students are there during the academic year. Commissioner Hall asked if the students ever complained of any problems. Mr. Hoyt said that the students have complained to him regarding the motor boats and the noise and boat wakes. Ray Tschillard, Director of Poudre Learning Center, handed out his comments to the Planning Commission. In the application it was said that the site to the east of the site under review was a facility with an old school house. He added that it is much, much more than an old school house. It has come to be the premier facility for outdoor education, interdisciplinary education and learning with a focus on not only science by history, economics, stewardship, and aesthetics of the Cache la Poudre River in Northeastern Colorado. The Poudre Learning Center develops and offers interdisciplinary education aimed at reinforcing concepts in all our schools. The schools involved are the Eaton, Johnstown-Milliken, Greeley-Evans and Windsor- Severance School Districts. Areas of concerns outlined in the handout include: • Destruction of wildlife habitat, key wildlife nurseries and wildlife viewing opportunities and impact to • the bald eagle nesting location; • Degradation of Sebring Reservoir's East Lake's eastern shore line which is owned and operated by the Poudre Learning Center • Introduction of aquatic nuisance species to the Sebring Reservoir Augmentation system would completely shut down the operation. Mr. Tschillard commented that typically an inspector inspects the boats; however the application suggests that the inspection will be done by the manager who has been in violation in the last four years. • The proposed RV operation is directly incompatible with the existing and future uses of the existing Poudre Learning Center property. Mr. Tschillard stated that that for the past two years they have complained to the Division of Wildlife repeatedly under the assumption that they had a land use permit. He added that nearly 14,000 visitors come to the Center each year. He added that they are open to the public sunrise to sunset. Mr. Tschillard pointed out that the School Districts are very concerned about security. He indicated that they have not seen any vandalism on their site; however it has been reported that there is an increased amount of trash and loud noises coming from the subject property. Mr. Tschillard stated that the eagle has been there since 1993 and there have only been a few people that have had the opportunity to observe this. The historic use of the lake by boats has been very infrequent. He added that the primary use of the lake by the Hall family was in July and August, which has not been the nesting season for the bald eagle. Mr. Hall's use was always private with no overnight camping and no hunting allowed. The Poudre Learning Center has been paid for by community members and not the School Districts. It is a • crown jewel and this is a place for people to stop and visit. Mr.Tschillard requested that this application not be approved. 13 • Randy Ray, Interim manager for Central Colorado Water Conservancy District,commented that they provide replacement supply for irrigation wells in Adams, Morgan and Weld Counties, This facility is one of the first lime gravel storage vessels used to store water for augmentation purposes. The District purchased an easement to store water in this vessel; therefore the water belongs to the District. They have junior water rights to fill the facility. Each of the lakes are connected by a 24-inch interconnect pipes. Mr. Ray stated that he started his employment with the District in 1993 and this facility was his first to operate. He added that the eagle nest has been there since 1993. Central Colorado Water Conservancy District Board of Directors approved a letter that was submitted to Mr. Ogle outlining some concerns including safety, not only for the children and the staff at the Learning Center but also for the Central Colorado Water Conservancy District employees. They have an easement that travels around the perimeter of each of the reservoirs and very often they have to be at the site. He added that there has been no communication regarding safety for his men. Another concern is the degradation of the shorelines and the slurry walls. There has been severe erosion to existing shorelines and that wouldn't have taken place if there were no boat wakes. Mr. Ray stated that the District has spent$40,000 repairing the erosion to the shorelines. Another concern is the introduction of species as these can get attached to the interconnect pipes and pump station and can cause a lot of damage. In conclusion, Mr. Ray stated that the Central Colorado Water Conservancy District is in opposition to the approval of this request. Kim Lawrence, attorney for Central Colorado Water Conservancy District, 355 Eastman Park Dr, Windsor, CO, commented that the lake started excavations prior to 1991 and believes that the Hall family used it at that time for their private boating as he was allowed on the lake for one time. However because of insurance concerns the Hall family decided they could only use if for their private use. As far as intensity of use it went from one family in July and August to 20 families and he added that the application indicated 50 families could be onsite. Mr. Lawrence stated that the slurry wall is dug down into the dirt to bedrock and then a bentonite slurry mixture • is poured in it. It is important to have the dirt around it; however if the dirt is ever pulled away from that then the wall will collapse. The slurry wall is set back from the shore at least 15 feet but if the water erodes the shore away then it will expose the slurry wall and then you will have a breach. Mr. Lawrence submitted an Easement Agreement and noted that the Central Colorado Water Conservancy District has the obligation by the terms to keep the shore and lake in good working order. He referred to Page 4 Item A and stated that Mr. Orr owns the recreation rights and that it cannot be inconsistent with the Easement granted. Mr. Lawrence stated that they contend that boating with motor boats is an inconsistent use of the easement. He added that they are not trying to prevent them from anything that the District agreed to but there is no clause that says they have a right to motorized boating. He believes that the permit should be denied or at least limited so that boating is not allowed. He added that the shores of these pits are not stable and there is a great risk with vehicles parking close to the shore. Included in the Easement, he noted that Central Colorado Water Conservancy District has no obligation to maintain a certain water level. This water is used for augmentation which is released during the months of late June,July and August. When this happens,there will be currents and eddies and if someone is swimming out there they may get sucked through a culvert. Central Colorado Water Conservancy District is a governmental entity. He added that they have insurance but they are immune from liability so someone will have to be responsible and it will not be the District if this happens. Central Colorado Water Conservancy District is obligated to maintain the property and therefore spray weeds with chemicals. He added that is a safety concern as well since they don't understand where people will be and what will be done to keep them away from the weeds. Mr. Lawrence stated that on behalf of the Central Colorado Water Conservancy District Board of Directors he requested that this application be denied. Commissioner Spitzer asked if the District has ever had to dump the water. Mr. Ray said that sometimes they • release as little as 2 to 3 cubic feet per second and sometimes it will be released up to 20 cubic feet per second. He added that they also fill it at the same flow rate. 14 • Commissioner Holton asked if the erosion has taken place in the last four years or since 1991. Mr. Ray said that the erosion has increased in the last four years. Mr. Spitzer asked if the slurry wall has been exposed. Mr. Ray replied that it has not been exposed yet. Commissioner Ehrlich asked where the communication has been since the transfer of ownership took place. He added that he is tired of policing these situations and asked why this hasn't been communicated four years ago. Mr. Lawrence said that they were not consulted when transfer of ownership took place and added that the relationship with Mr. Orr has not been very good. He commented that the District wasn't given notice of the application and agreed that there has been a problem with communication; however they are left in a position of asking that this be denied. Joyce Ackerman 7603 Plateau Rd, Greeley, CO, commented that she is a homeowner of Poudre River Ranch. In addition, she is a psychologist who has worked in this community for 30 years and is concerned about the level of significant disruption and hostility issues that will happen in the community if this is supported. She supports everything that everyone has said. Charles Olmsteadt, professor of Environmental Studies at UNC, commented that this is a very valuable resource of educating the members of the community. It appears as though its ability to that as effectively will be impaired if this use is granted. He sympathizes with concerns of using any property we own privately as we choose to. However the Planning Commission is charged with trying to maintain the best public interest and encouraged them to encourage the applicant to pursue the best public interest as well by either working collaboratively with the District or choosing on his own to voluntarily donate for a considerable tax benefit the property to the Poudre Learning Center to extend their educational opportunities. Gary McCabe, 7411 Poudre Vista Dr, commented that he was the first person at Poudre River Ranch and added that it was a quiet and beautiful area along the Poudre River. Shortly after moving onto his property, Mr. Orr moved his cattle onto his land and they roamed throughout his landscaped property. Mr. Orr started • drilling oil wells near his property and they operated all night long. He has heard the motor boats and lives a distance from the facility. He said that this is not only a question of noise but of pollution and quality of life. Paulette Weaver, 1725 12th Ave, Assistant Director of the Poudre Learning Center, agreed with most of the comments made about how this project would be detrimental to the purpose of the Poudre Learning Center and the Poudre Trail. There are not many places where people can get down to the river and really see and feel what it is like. There is increasing public use of their property and they welcome that. In regard to complaints to the use of the property as it was operating, Ms.Weaver stated that as soon as the trailers came out this spring there were complaints and they were expressed to the County. They have been concerned about the hunting when they know that kids are coming soon and again they have talked to the Division of Wildlife. Ms. Weaver stated that she has photographs of the erosion along the shoreline prior to the District placing shore socks to prevent further erosion. Susan Matson,6929 Poudre River Road#3, stated that Mr. Orr bought this property after the Poudre Trail had been established and after the Poudre Learning Center was built and would have thought that he would have understood that this was a sensitive area and maybe he would have shown that sensitivity and conducted business in that way. Ms. Matson added that she doesn't feel that Mr. Orr and Mr. Roth don't understand the value of this property to the people who live there or the significance of the area. She is concerned that they have operated without a permit and how that will weigh in the decision made today. The Chair called a recess at 5:01 pm and reconvened at 5:08 pm. The Chair asked the applicant to address the concerns raised. Mr. Roth stated that with regard to the erosion on the southwest corner of the east lake,that is the direction of where the wind comes from and a lot of that erosion is done from the wind. The easement was granted to give the recreational rights and the use of the lakes to the landowner. Mr. Roth indicated that he was not aware of any equipment that has been out there to where the District spent that much time and money • repairing the shoreline. Commissioner Hall asked what types of boats are used. Mr. Roth said that typical ski boats approximately 20 15 • feet in length would be the biggest. He added that none of the exhausts have been modified to change the noise level. He mentioned that a landowner commented that the music radios were too loud and added that he has asked the people to tone down the noise. Commissioner Maxey asked the applicant to speak about the invasive species and the concerns raised. Mr. Roth said it is addressed by State law which reads that if you take a boat into a lake that is known for invasive species it has been left to the boat owner to comply with the law. He added that it is a State law that boat owners need to comply with. Commissioner Berryman said that there are multiple interests with this project and he commented that they are arguing about the intensity of use. He asked if they would be able to operate with a less intense use. Mr. Roth said that 25 members would be needed to be worth operating. The application states that it could be up to 50 members; however he doesn't intend to have that many. He said that they are trying not to have a crowded situation and added that the weekends will have the most intense use. Commissioner Ehrlich asked why there has been a breakdown of communication. Mr. Roth said that the way he read the easement it gave them the boating rights, understanding that they didn't have rights to infringe on what their interpretation of the easement was. He didn't realize that there was an argument with the surface rights of the lakes. He indicated that they should have communicated. Commissioner Lawley referred to the request of the continuance and asked why the applicant wants the continuance. Mr. Roth said that the reason for the continuance is the abundance of late concerns surrounding the eagle situation. He has done quite a bit of research lately and wanted time to prepare to be better educated to bring truth of the matter in and not just emotions. He will set guidelines to keep people away from the nests. He added that the campsites are over 1/4 mile from the eagle nests; however the boats are closer than that and they haven't disturbed them in the past. He believes they can co-habitat. • Mr. Lawley said that the applicant was in front of the Planning Commission last year on a similar project on a violation for operating without an appropriate land use permit. Knowing that when you came in front of us last year that you needed a USR why didn't you come and get a USR prior to being turned in for a violation this time. Mr. Roth said that he talked to the landowner when he leased it and added that he was misinformed that a USR was in place. Commissioner Grand agreed with Mr. Ehrlich on the communication issue. He added that it is very frustrating to review a process that could have been facilitated a whole lot earlier with good communication. He asked if in the four years of operating the property was there any dialogue at all with the Poudre Learning Center for the Central Colorado Water Conservancy District about what you were doing. Mr. Roth said that as the leasee he has not had any dialogue. He added that it was an oversight on his part. He said that no issues were brought to his attention. Commissioner Maxey asked Staff for an explanation on Development Standards 43 and 44. He said that Development Standard 43 outlines the availability for water skiers from April 1 through September(labor day Monday) unless it is substantiated by CDOW that the breeding pairs are present on site; however if the latter happens then Development Standard 44 takes precedence which says that no one can be out there within the buffer zone and it effectively shuts down the operation. Mr. Maxey asked who enforces that action and asked the applicant if he is aware and understands the action of these development standards. Mr. Ogle said that those are an advisory recommendation which came from U.S. Fish and Wildlife and CDOW in their referral comments that they have stipulated setbacks from active nests. Mr. Maxey said that in Development Standard 44 the key word is"recommended" and asked how it will be enforced. Mr. Ogle said that Brandon Mueller is the CDOW liaison for this area and he regularly patrols that area and it is Mr. Ogle's guess that the Poudre Learning Center people are cognizant of what is going on and will let him know the pairs are back and ask them to make a determination. Mr. Roth said that the U.S. Fish and Wildlife Department has known of this nest and of the level of boating before and now and they have not taken action. He added that the boating and recreation had been going on and the eagles chose to move in and have co-habitated since that time. • Commissioner Holton asked Mr. Barker for advisement regarding Development Standards 43 and 44 and how a recommendation is used when these are rules they need to adhere to. Mr. Barker said that typically it is 16 • enforced by"shall" and is not quite certain how it will be enforced. Mark Lawley moved to delete "is recommended" from the last sentence in Development Standard 44, seconded by Erich Ehrlich. Motion carried 8-1 with Bill Hall casting the nay vote. 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 he is in agreement. Commissioner Holton clarified if the application states that this site could have up to 50 campers. Mr. Ogle said that Mr. Orr is requesting 50 campsites; however Mr. Roth has leaseholds for up to 25 campsites. Each campsite could have numerous people on it. Robert Grand moved that Case USR-1778 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. Motion died due to a lack of a second. Erich Ehrlich moved that Case USR-1778 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 denial, seconded by Mark Lawley. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes with comment; Erich Ehrlich,yes with comment; Robert Grand, no with comment; Bill Hall,yes with comment; Alexander Zauder, yes with comment; Jason Maxey, no with comment; Roy Spitzer, yes with comment; Mark Lawley, yes with comment; Tom Holton, yes with comment. Motion carried with 7-2 vote. Commissioner Berryman cited Section 23-2-220.A.3 regarding compatibility with surrounding and neighboring uses. He doesn't contest the use per se but does vote denial based on the intensity of the use. He believes • that 50 campsites is in excess of what would be compatible with this site. In the future he could support a lower number. Commissioner Hall echoed Mr. Berryman's comments and added that the intensity of 50 campsites far exceeds the compatibility. He reviewed the site and recommended that it was compatibility but did not know that they were talking about 50 campsites. Mr. Hall added that he has witnessed several bald eagles co- habitating with people. Commissioner Zauder commented that he is voting for denial due to the intensive use of the facility. Commissioner Grand commented that intensity of the use is an issue; however we need to remember to be careful not to trample on individual rights no matter how good the cause. Commissioner Maxey commented that he voted no to deny because of the easement documentation and landowners rights as Mr. Grand said. He added that he is concerned about the application and the amount of usage. Commissioner Spitzer commented that he is in favor of the individual property rights but in this case there are too many conflicts of interest and believes that there are compatibility issues with this site. He believes that putting the burden of erosion to this extent on the Central Colorado Water Conservancy District won't hold up. Commissioner Ehrlich cited Section 22-5-30.A.2 Policy 1.2 Conflict, Section 22-5-20.C Goal 3, Section 23-2- 220.A.3. Commissioner Lawley commented that he is a big proponent of private property rights; however he believes that the intensity that the applicant intends to put on this particular property conflicts with surrounding uses. • Commissioner Holton cited Section 23-2-220.A.3. He added that this application was poorly put together and added that they should have had the information presented from both sides today a long time ago. He also agrees with Mr. Spitzer that the Water District should not be placed in the position where they have to repair 17 • damage caused by boating. He added that he is a proponent as well for private property rights. Meeting adjourned at 5:53 pm. Respectfully submitted, Kristine Ranslem Secretary • • 18 Hello