HomeMy WebLinkAbout20111241 HEARING CERTIFICATION
DOCKET NO. 2011-29
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1778 FOR A RECREATIONAL FACILITY (WATER SKIING LAKE AND
CAMPSITE FOR WATER SKIING MEMBERS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- ED ORR, C/O JIM ROTH
A public hearing was conducted on May 18, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated April 15, 2011, and duly published April 20, 2011,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Ed Orr, Go
Jim Roth, or a Site Specific Development Plan and Use by Special Review Permit #1778 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. Bruce Barker, County
Attorney, made this a matter of record.
•
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated Ed Orr, applicant/landowner, and Jim Roth, Lessee, have requested a continuation of
said matter to a Board meeting in June, 2011, to allow more time to address outstanding issues
and concerns. Mr. Ogle stated that staff is not in support of this request, given that the property
was in violation of operating on the site without the appropriate land use permits, the Planning
Commission recently denied this request, and there is substantial opposition from surrounding
property owners for the proposed request. Mr. Ogle provided a brief description of the location
of the site and stated the property is located south of the Cache La Poudre River (Poudre River)
and west of the Poudre River Learning Center (PRLC). He added that the site is not located
within an Intergovernmental Agreement Area of any municipality; however, it does lie within the
three-mile referral area for the City of Greeley and the Town of Windsor. Mr. Ogle stated the
referral response from the City of Greeley, dated April 7, 2011, indicated concern with the
floodway, the 100-year and 500-year floodplains, the proximity of the lake and hunting activities,
in, or near, the proximity of the bald eagle nesting area, damage to sensitive shorelines, and the
proximity of low-intensity uses, such as the Poudre River Trail (PRT) and the PRLC, to the more
intense uses of the proposed recreational facility. Mr. Ogle stated the Town of Windsor referral
response, dated April 8, 2011, expressed concern with the floodplain and floodway located on
CC o , QL,Pw, NL-C. 2011-1241
- ao- I i PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 2
the site, and the adequacy of safety precautions for users of the PRT during the hunting season.
Mr. Ogle stated there is an active and breeding bald eagle nest on the premises which has been
present for several years, and referrals from the U.S. Department of Interior, Fish and Wildlife
Service, and the Colorado Department of Wildlife (CDOW) stated that breeding bald eagles
occupy territories, and in addition to the active nest, a territory may include one (1) or two (2)
alternative nests that are not used in any given year. They further cite the eagle is protected by
the Bald Eagle and Golden Eagle Protection Act (BGEPA), even though it is no longer listed on
the Endangered Species List.
Mr. Ogle indicated the site boundaries are approximately fifty (50) feet from the nearest
residence, which is immediately adjacent to the site, and approximately 1,500 feet to the west of
the River Run at Poudre Ranch in the Poudre River Ranch Subdivision. He stated that
Hall-Irwin and Aggregate Industries have mining operations to the north and northeast of the
site, and LaFarge has recently been permitted for a mineral resource facility located to the
northwest of the Poudre River Corridor. Mr. Ogle stated access to the site is from
County Road 62.5 and there may be several improvements required for this access. He
stated 16 referral agencies reviewed the proposal and 11 provided comments, and prior to the
Planning Commission meeting, staff received four (4) telephone calls, numerous letters of
concern, and two (2) electronic messages in support of the project. Mr. Ogle stated that on
May 3, 2011, the Planning Commission voted 7-2 for denial of this request since the applicant
did not show compliance with Sections 23-2-220.A.3, 22-5-30.A.2, 22-5-20.C (W.Goal 3),
and 22-2-28.3 of the Weld County Code. He stated that staff conducted a field check of the
subject property on May 17, 2011, to verify compliance. He added that staff also conducted a
visual inspection of the property and, at the time of the inspection, there were no vehicles
present at the site, and the only items on the site were the portable toilets. Mr. Ogle displayed
photos of the site, which showed existing access to the property, views from the PRLC, photos
of the RV's, boats, docks, lake, etcetera. He also displayed photos of the bank erosion and
shore sock to help control shoreline erosion, views from the PRT, and the nearest residence to
the property.
In response to Commissioner Garcia, Mr. Barker stated that since a two (2) week continuance
has been requested by the applicant, it will need to be addressed in the meeting at some point.
In response to Chair Kirkmeyer, Mr. Ogle stated the request for the (2) week continuance was
included in the Board's packet as Exhibit L, dated May 10, 2011. Chair Kirkmeyer provided
acknowledgement of the receipt of the letter and stated that, in regard to the continuance, the
Board is ready to proceed. Ed Orr, applicant, stated that on May 17, 2011, he informed
Mr. Ogle he was withdrawing the request for an extension, and he is now ready to proceed with
today's meeting as planned.
Heidi Hansen, Department of Public Works, stated that the existing access to the site is
County Road 62.25, which is a local gravel road and requires sixty (60) feet of right-of-way at
full buildout. Ms. Hanson requested the gate be positioned far enough from the County
roadway to allow trucks and trailers the ability to completely pull off of the roadway to stop and
open the gate. She stated that portions of the property are located within the Federal
Emergency Management Agency (FEMA) mapped Zone A 100-Year Floodplain, and day use of
the floodplain area is fine; however, no overnight camping will be allowed within the floodplain or
floodway, due to the potential loss of life. Ms. Hansen added that no campsites will be allowed
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 3
between the river and the lakes, and the applicant had previously agreed to this requirement
and moved the campsites; however, on May 16, 2011, the applicant requested to move some of
the campsites back, between the lake and the river. Chair Kirkmeyer stated the applicant will
need to bring that request to the Board. Ms. Hansen stated that in order for the County to
comply with FEMA, the applicant will need to work with FEMA to remove those areas out of the
floodplain.
Mary Evett, Department of Public Health and Environment, stated the application indicates that
portable toilets will be available at each campsite. Ms. Evett stated since this is not a temporary
seasonal use, it is a policy of the Department of Public Health and Environment that a
permanent water source and sewage disposal system shall be required; therefore, a septic
system will need to be installed. Ms. Evett stated there is not an existing dump station on the
site, and that wastes will need to be disposed of accordingly, per the Resolution. She added
that Conditions of Approval #7, #10, and #11, and Development Standards #3 through #17
address Environmental Health items.
The public hearing was called into recess at 11:52 a.m. Chair Kirkmeyer recommended the
Board of County Commissioners (Board) reconvene at 1:30 p.m., due to prior commitments.
Before the Board recessed, Chair Kirkmeyer asked if there was anyone present, who will not be
available after 1:30 p.m., who would like to address the Board.
Norman Dean, Greeley resident, stated that Weld County and Greeley are very desirable places
to live (i.e., schools, hospital, and the University of Northern Colorado); however, there are
several other attributes in the area, such as the PRT and PRLC, which make a significant
contribution to the desirability of this community. Mr. Dean stated there is a large number of
people who utilize the PRT and PRLC, on a regular basis, and it is the community's
responsibility to preserve it in its natural state, so that we, as well as our predecessors, will have
the opportunity to enjoy it.
Erick Stabb, Greeley resident, stated he utilizes the PRT on a regular basis and the PRLC is
unique, since hundreds of children come to the facility to learn about the importance of the river,
and there is no other place like it in the County. Mr. Stabb added he is not opposed to water
skiing or camping, but it is too close to this area, and there are other locations for the facility's
members to enjoy their recreational activities within the County and surrounding locations.
Kim Lawrence, Attorney for the Central Weld County Water District (CWCWD), stated extensive
evidence was provided to the Planning Commission and he requested to display photos
included on his USB device. Mr. Lawrence stated the CWCWD is a water developer primarily
located in Weld, Adams and Morgan Counties which provides water for farmers, and the water
district's primary function is to provide augmentation water, so that wells can continue to
operate. He further stated the CWCWD owns a series of lakes along the Poudre River and
although they do not own the property; they have permanent perpetual easements on the lakes
granted by Hall-Irwin when the lakes were constructed. Mr. Lawrence referred to a copy of the
easement included in the Board's packets, marked Exhibit 6-I, and stated the applicant cannot
do anything inconsistent with the easement; he added that erosion, by the boats, is damaging
the walls of the lake. He further stated the lake is constructed by a betonite slurry process, and
referred to photos of the shore socks. He stated that if erosion continues, it will make contact
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 4
with the slurry wall dam, which is underground, and it will cause a breach. Mr. Lawrence stated
the CWCWD is willing to maintain the lakes for natural erosion, but water skiers, wind, and
boats contribute to additional erosion. He further stated the CWCWD is also concerned about
safety issues. He stated that each of the three (3) lakes have 24 to 36 inch culverts between
them, and it is not safe for people to be swimming nearby, due to the current that occurs when
the water drops. He stated the water is not suitable for drinking and he is uncertain if it is
suitable for swimming either, since they spray to control noxious weeds in the surrounding
areas. Mr. Lawrence also added that the boats, at the proposed recreational facility, may
potentially transport zebra mussels, which is illegal, and with no inspection facility at the site,
there is no way to ensure there have not been any zebra mussels transported to the lake. He
added that a Colorado Division of Wildlife (CDOW) Inspector is supposed to examine every boat
for signs of zebra mussels, and boats need to receive certification that they have not been in a
lake that has been contaminated with zebra mussels.
Mr. Lawrence stated that, according to Randy Ray, Interim Manager of the CWCWD, the eagles
have been present at the site since 1983, and he is certain there will be plenty of testimony
about them. He stated that he knows the Hall family and they let him boat on the property once;
however, due to insurance issues, the Halls could no longer allow anyone to boat on the lake,
except for the Hall family. Mr. Lawrence further stated the proposed request for fifty (50)
campsites is a more intensive use on the property. He proceeded to display photos of existing
boat docks, which appeared to be anchored at the site, and evidence that boats appear to be
backing into the lake wherever they choose; he stated there needs to be designated ramps to
help prevent erosion, and the ramps should be concrete. Mr. Lawrence stated the CWCWD is
also concerned about the hunting on the property, since the District has employees on the
property on a regular basis, and they do not want anyone to be shot. He further stated the
CWCWD recommends denial of the proposed request. In response to Commissioner Conway,
Mr. Lawrence stated the applicant has never discussed the proposed request with the District,
he did not receive a hearing Notice, although, he did learn about the application by word of
mouth, he did not receive a Notice, and that is when the District gathered information to present
to the Planning Commission.
Holly Bea-Weaver, property owner in Poudre River Ranch, commended the people who spoke
before her. She stated that the PRLC is a great asset to Weld County and teaches important
lessons for the children of our community, by teaching them to respect and preserve nature, and
follow the rules, which Mr. Orr has not done, by operating without a permit. Ms. Bea-Weaver
stated that, while walking her dog, she has seen the eagles twice this week, and points them out
to the children that walk by. She asked the Board to consider what lessons we want to teach
the citizens of our community and our kids to carry forth, so that future generations can enjoy
the PRT and all it has to offer.
Tom Selders, former Mayor of Greeley, suggested the Board deny the proposed request and
stated the proposed USR is not in compliance with the Comprehensive Plan. Mr. Selders stated
he was walking in the vicinity of the proposed facility, a couple of years ago, heard a shotgun go
off, and was showered with a buck shot. He stated that the Board has the responsibility to
ensure the safety of the public and he is concerned for the joggers who run along the
County Road near the proposed facility.
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 5
Robert Kahn, surrounding property owner, stated that hundreds of people purchased this land
and their homes from Mr. Orr, and now he has proposed this request for a recreational facility.
Mr. Kahn stated the proposed request will bring increased traffic, noise, air pollution and
encroachment on the area residents' way of life. He stated as the economy deflated, the
covenants were changed to make sales easier and now the residents are faced with the
proposed request. Mr. Kahn added that he recently received the assessed value of his property
and he was shocked to see it had dropped 32 percent from last year. He further stated that
home values are still dropping, and is concerned about what will happen, if the recreational
facility is approved. He reiterated that the Planning Commission voted against the project, and
the two Commissioners that voted for the project were strong advocates for property owner's
rights; however, the proposed request will continue to decrease property values in the
surrounding area. Mr. Kahn recommended denial of this request, for the unwanted
development of an amusement facility for private profit.
The meeting was called into recess at 12:11 p.m. Chair Kirkmeyer recommended the Board of
County Commissioners (BOCC) reconvene at 1:30 p.m.
Mr. Orr, applicant, was present and commended the Board for considering his request, and
stated the application promotes free enterprise innovation and raises the standard of living for
society. He added that the proposed request is seeking to apply the highest and best use for
this property and he believes this use meets those criteria, and that by exercising his property
rights, the site does not impair the property rights of others. Mr. Orr stated the eagles have
been present at the site since the mining process, and through the different activities on the
property, including water skiing, and he does not see the coexistence of the eagles to be an
issue. Mr. Orr stated that a few years ago he was approached by a representative of the PRT,
to relocate the PRT along the river, which would have been beneath the eagle's nest and they
did not have an issue with doing so. Mr. Orr added that since then, the eagle has moved north,
along the south side of the river, and he stated he does not believe the eagle will relocate, due
to the proposed activities. He stated the PRLC has approximately 14,000 people, who utilize
the property each year, and that particular use is much more intense than the proposed use on
the application, and if the coexistence of the two (2) uses is too intense, maybe the PRLC would
be willing to utilize the 100+ acres he has donated to the PRT. Mr. Orr stated that according to
the PRLC's website, the activities at the facility are primarily conducted during the week;
whereas, the activities, for his proposed request, occur primarily on the weekends and
occasionally during the week. Mr. Orr further stated that other surrounding land uses include an
asphalt batch plant, concrete plant, and additional gravel mining near the area, and he is not
certain why the proposed request has a greater impact than any of the uses. He stated the first
USR on this property was obtained by Hall-Irwin; it was indicated that recreation would be a part
of that final use; and it was granted, prior to the arrival of the PRLC and other uses.
In response to the comments made by the CWCWD at the Planning Commission hearing,
Mr. Orr stated the current use is not a violation of the easement, and recreational rights were
reserved in the Easement Agreement to his predecessor. He further stated that he owns the
rights today, which are discussed in a few paragraphs of the Agreement. Mr. Orr added that he
owns the shoreline of the lakes and the District owns the easement; however, he does not
believe this is the correct venue to discuss the issue. Mr. Orr stated if the Board feels the
proposed use is too intense for this property, he is open to discussion and the possibility of
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 6
reducing the number of campsites. He stated the PRLC has calculated they have 14,000
visitors per year, which is equivalent to 233 people, per acre, per day on that property; however,
when he calculated the maximum number of visitors for the proposed use, the number of people
is only 0.5 people per day, which is significantly lower.
Mr. Orr referred to an editorial in the Greeley Tribune, dated May 4, 2011, stating that Greeley is
smart to plan for recreational water storage at local gravel pits, which stated, "Looking ahead,
City planners saw potential to create a water recreation paradise that will eventually feature not
only fishing ponds, but other water recreation, including boating, canoeing, swimming, and other
water sports." He stated the article commended City Planners for a similar request on public
property located off 35th Avenue, which is approximately four (4) miles to the east of the site.
Mr. Orr referred to Sections 23.5 and 23.10 of the Weld County Code, regarding zoning, which
allows for the proposed use on this property, and does not inhibit or destroy any of the
surrounding property rights, and is, in fact, less intense. He stated if the proposed request is
denied by the Board, it is a threat to the free enterprise system; it would be an infringement on
everyone's private property rights; and it would ignore the wisdom of our founding fathers.
In response to Commissioner Rademacher, Mr. Orr stated there has been water skiing on the
property since it was purchased in 2007. In response to Commissioner Conway, Mr. Orr stated
that if the Board determines this issue is part of this USR and outside of the Easement
Agreement, and in order to properly debate these issues, the CWCWD can bring the District's
legal counsel and engineers and he would bring his. Mr. Orr indicated that he has investigated
and there are several items that cause the degradation of the shore, including ice, wind, and
wave action created by other uses and only the east lake has bank degradation. In response to
Commissioner Conway, Mr. Orr stated he would have to defer the questions about the zebra
mussels and safety issues, in regard to hunting at the site, to Jim Roth, Lessee.
Chair Kirkmeyer indicated she was unable to locate Sections 23.5 and 23.10 of the Weld
County Code that Mr. Orr referred to. In response to Commissioner Kirkmeyer, Mr. Orr stated
he may not have the latest version of the Code. Chair Kirkmeyer asked Mr. Orr, regarding the
first USR, whether the final use for the property for recreational purposes was documented in
the Development Standards or Conditions of Approval. In response to Chair Kirkmeyer, Mr. Orr
stated he does not have a copy of the USR and he recalls that information from his due
diligence. In response to Chair Kirkmeyer, Mr. Ogle stated there is no copy of the USR and it
has, since then, been vacated, so it is no longer in effect. The public hearing was opened
at 1:50 p.m.
Ray Tschillard, Director of the PRLC and 26 year resident of Greeley, spoke briefly about the
center and how it provides interdisciplinary learning for the importance of water, science,
economics, citizenship, history, and aesthetics of the Poudre River in Northern Colorado. He
added that the PRLC is a non-profit cooperative group supported by local community school
districts including: Greeley, Evans, Eaton, Johnstown, Milliken, and Windsor. Other partners
include the Hall-Irwin Corporation, Colorado Division of Wildlife, Centennial of Greeley,
Red Eye, Windsor Rotary Clubs, Cache La Poudre River National Heritage Area, the PRT
Education Board, University of Northern Colorado, Weld County, City of Greeley, Central
Colorado Water Conservancy District, Colorado State University, and the West Greeley Soil
Conservation District. Mr. Tschillard reiterated that the center has over 14,000 visitors annually,
with the majority being kindergarten through college aged students, which arrive at the facility
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 7
from sunrise until sunset. He added that thousands of explorers are in close proximity of the
proposed operations, which makes the proposed request incompatible with the PRLC.
Mr. Tschillard stated that the PRLC is in development of becoming a future home for a variety of
animals, including raccoons, coyotes, deer, owls, migrating birds, etcetera, and the proposed
recreational facility is incompatible with the fragile environment. Mr. Tschillard added that the
County has been supportive of the PRT and it was completed through their collaborative effort.
He described the various trailheads and stated people have visited the PRT from all over the
world, and it has become listed as one of the "must see" places in Northern Colorado, in
conjunction with the Pawnee Buttes and Rocky Mountain National Park. He stated there has
been no vandalism at the PRT, up to this point; however, the PRLC would like to propose a
basic security plan, since the proposed use may bring the potential for prairie fires from
campfires. Mr. Tschillard stated from his personal observations, and based on several
interviews with the previous property owner, George Hall, the historic use of boats on the
subject property was for the Hall family only, who only used one (1) boat on the lake, primarily
during the months of July and August (after the eaglets fled the nest), all of the activity took
place west of the Seibring Reservoir, and there was no overnight camping or hunting at the site.
He further stated that the proposed request is a significant increase in intensity from what has
historically been on the site. Mr. Tschillard stated the Planning Commission provided 41
reasons to vote against the proposed request and asked all of the people in attendance at the
meeting, who are in support of the PRLC, to stand up. He stated that in just two (2) days, the
PRLC received over 500 signatures, in opposition of the proposed request, and he submitted
them as evidence to Mr. Barker. He further stated that not only is this area valuable to the
PRLC, but also to the community. In response to Commissioner Conway, Mr. Tschillard stated
he is concerned about the intensity of the proposed use; the use will need to be in unison with
the environment and the existing activities at that particular location, and he would be agreeable
to a limited use. Mr. Tschillard added that he is not opposed to boating, hunting or water skiing
at that location; however, he is concerned about the intensity of the proposed request. In
response to Commissioner Garcia, Mr. Tschillard stated there has been no vandalism at the
site, due to the applicant or lessee; however, on a few occasions, the staff has had to return the
children to the PRLC, due to the sound of gunshots in the vicinity. He further stated, at one
time, there was a duck blind on the south side of the lake, and he is not in opposition to hunting,
but just not at this location. In response to Commissioner Garcia, Mr. Tschillard stated there
was discussion from Mr. Orr or the Lessee about this application, prior to, or after the Planning
Commission meeting, and the PRLC heard about the application by word of mouth.
Karen Trussler, Windsor School District Superintendant and Vice-Chair for the Poudre River
Board of Directors, stated that from the School District's standpoint, there will be no impact to
the facility; however, there will be an impact to the students including: 1) safety of the students,
due to the hunting proposal; the proposed plan does not specify what type of hunting will be
allowed or when the hunting will occur, and 2) the negative impact to the environment and
student learning. She stated that the Windsor School District and Poudre River Board of
Directors do not endorse the proposed use, as presented, due to safety reasons. In response
to Chair Kirkmeyer, Ms. Trussler stated that in order to for her to support the proposed request,
as presented, the hunting aspect would need to be eliminated.
Terri Hunter, Certified Naturalist Guide, stated she was present to represent the bald eagles at
the site. Ms. Hunter indicated the same pair of bald eagles has been present at the site for 18
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 8
years, and bald eagles typically have a lifespan, in the wild, of thirty (30) years. She explained
the life cycle of the bald eagles and stated these particular bald eagles had to construct a new
nest, and they recently hatched three (3) eaglets. She referred to the Bald and Golden Eagle
Protection Act (BGEPA) which prohibits the take, possession, sale, purchase, offer to sell,
purchase, or barter, transport, export or import, of any bald or golden eagle, alive or dead,
including any part, nest, or egg, unless allowed by permit. "Take" is defined as "pursue, shoot,
shoot at, poison, wound, kill, capture, trap, collect, molest or disturb" a bald or golden eagle.
Ms. Hunter stated that even though the bald eagle is no longer on the endangered species list, it
is still a federally protected animal. She further stated they have increased civil penalty
violations of this act and the maximum penalty, which is a felony conviction can assess up to
$250,000.00 or two (2) years in jail. Ms. Hunter stated that she spoke to Judy Scherpelz,
Executive Director and Founder of Rocky Mountain Raptor Research Center in Fort Collins, and
Ms. Sherpelz was familiar with the situation at Seibring Reservoir and stated that anytime the
intensity and density is increased in an area where bald eagles are nesting, there is a high
probability of them abandoning the nest. Ms. Hunter further stated that one (1) boat for one (1)
family is not an issue; however, twenty-five (25) boats and fifty (50) campers will be a big issue.
Ms. Hunter stated she is also concerned about lead shot poisoning, which destroys vital organs
of the bird and causes them to lose motor skills, and die a painful death, unless captured and
put into a rehabilitation center, as soon as possible. Ms. Hunter added that bald eagles are
dying from eating pheasant, waterfowl, and deer with lead shot, and it takes three (3) lead shot
pellets to kill a bald eagle. In response to Commissioner Rademacher, she stated the proposed
use will be more intrusive than the previous mining operation, which is comparable to white
noise, since the noise from the equipment makes the same sound all day long; whereas, the
sound of the powerboats, radios, screaming, and hunting will have a direct impact on the bald
eagles. Ms. Hunter stated that the hunting, in particular, will have a significant impact on the
bald eagles; if they ingest any poisoned meat, it would not only kill them, but the eaglets as well.
Ms. Hunter stated she visits the site two (2) to three (3) times per week and the most she ever
saw was one (1) boat on the water. She stated the bald eagles need space and a secure
environment. In response to Chair Kirkmeyer, Ms. Hunter reiterated that the gravel mining does
not bother the bald eagles.
Judy Firestien, neighbor to the PRLC, referred to the petition in opposition to the proposed
request, and stated as of the morning of the meeting, 787 people have signed it. Ms. Firestien
indicated that, in addition to the signatures, there are twenty (20) pages consisting of
approximately 200 comments from concerned citizens. Ms. Firestien read a few of the
comments and indicated there seemed to be a consistent theme of saving the eagles,
preserving the area, this is the wrong place for this proposal, and the PRLC is the gem and/or
an asset to the community. She added that 787 people care deeply about this proposal and the
proposed request would harm what people have been working so hard to create. Ms. Firestien
urged the Board to do the right thing and deny this application.
Charles Olmstead, retired UNC professor and on the Board of Governors for University Schools,
shared concerns about the health and welfare of the students at the PRLC and the potential
invasive species, zebra mussels. Mr. Olmstead stated that he is involved in a local sailing club
and has taken several courses and training on how to identify and control zebra mussels; he is
aware of the zebra mussels and the problems that result once they have been introduced to a
body of water. He indicated that Carter Lake provides a very thorough boat inspection, before
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 9
the boat is permitted to get on the lake; the inspection can take anywhere from 15 to 30
minutes, and there are three (3) people working at all of the boat ramps enforcing these
inspection requirements. He stated that it may be more difficult to enforce a small, private
facility, however, given the potential hazards, it is important to consider. Mr. Olmstead stated he
was the Chair of the Board who accepted the donation of the High Plains Environmental Center
in the Centerra Development, which is valuable; however, the PRLC is very unique, and the
community needs to preserve and enhance it. He referred to Mr. Orr's defense of the highest
and best use for his property and stated that residents need to take advantage of the unique
resources when they are available and there are several recreational facilities located within
four (4) miles of the proposed site, with similar uses. Mr. Olmstead stated the proposed request
is an opportunity, which Mr. Orr could benefit from, as well as a collaborative effort for a
possible donation of the land or various uses of the site to the PRLC or another entity, and
encouraged the Board to deny the proposed request. In response to
Commissioner Rademacher, Mr. Olmstead clarified there are a few other facilities in the area,
with similar recreational uses; however, many of those facilities are private.
Mark Brawl, member of the Eagle Lakes Boating Club, stated that his family primarily uses the
eastern lake, which is the closest to the PRLC. Mr. Brawl indicated there will be nine (9)
campsites on the eastern lake, and only one (1) boat will be allowed on the lake at a time, with
thirty (30) minute rotation intervals, as specified in the bylaws. Mr. Brawl stated he finds it ironic
that the shoreline erosion is only located on the east and southeast corners of the lake, which
he accredits to wind; if the erosion was due to the boat wakes, it would be evident throughout
the rest of the lake. He added that the other two (2) lakes have no erosion. Mr. Brawl stated
the members of the Eagle Lakes Boating Club appreciate and respect the wildlife and birds in
the area, and they are not present to disrupt or endanger the wildlife on the property. He
referred to a poll conducted by the Greeley Tribune over the last few weeks, which indicated
that 67 percent of over 3,000 voters, as of this morning, voted in favor of the current proposal,
as presented. Mr. Brawl stated he supports the landowner's rights to do with his property as he
sees fit, and he reiterated that the members of the club are not at the site to endanger the
wildlife. In response to Commissioner Conway, Mr. Brawl reiterated that his boat club is only on
the eastern lake. Mr. Brawl identified the lake on the map and reiterated they have nine (9)
people using the eastern lake, which he identified on the map, they have nine (9) people, and
there are other clubs using the lake to the west of them. Chair Kirkmeyer inquired how the club
enforces the one boat on the lake at a time, thirty (30) minute intervals. In response to
Chair Kirkmeyer, Mr. Brawl stated the boat rotation is included in the club's bylaws, it is self-
enforced, and if a member goes over the thirty (30) minutes, it would not be an issue, as long as
the member is not intruding on another member's request for using the lake. He added that if
there was an issue of someone wanting to run another boat on the lake at the same time, it
would be brought to the attention of the Lessee, and the terms of the bylaws would be
explained. In response to Chair Kirkmeyer, Mr. Brawl stated that this will be the first year his
boat club will be on the lake, and prior to this, he was a member of a different boat club in
Windsor. He further stated that violation of the bylaws may be grounds for termination from the
club. In response to Commissioner Conway, Mr. Brawl stated there is nothing in the club's
bylaws regarding zebra mussels; nor is there a process to inspect the boats prior to entering the
lake. He indicated that he is not opposed to having his boat inspected for zebra mussels and
stated that most of the boats on the lake do not leave the lake. In response to Chair Kirkmeyer,
Mr. Brawl indicated that his boat was inspected for zebra mussels prior to being on the lake.
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 10
Mark Llewellyn, surrounding property owner, stated that he is an avid watersports enthusiast,
and spends his weekends waterskiing on a private lake north of Ft. Collins. Mr. Llewellyn stated
he is concerned about the compatibility of the proposed use and is in opposition of the
application. He also stated his concern about the bald eagles, and in order to mitigate this
issue, he recommended the boat club not operate until the eaglets have left the nest. In regard
to the hunting on the site, Mr. Llewellyn recommended that any hunting be coordinated with
the PRLC, to ensure if there are any children at the site, there will be no hunting allowed. He
described the process of how zebra mussels are regulated by the Boulder Reservoir and
Lake Powell and stated this process is difficult for private boat clubs to enforce, since they
would need an entire process in place. In response to Commissioner Rademacher, he stated
the inspection for zebra mussels occurs prior to entering a lake. Mr. Llewellyn added the zebra
mussels are difficult to control and hard to combat once they are established, and encouraged
the Board to deny this request.
Robin Hess, surrounding property owner, stated that the proposed use violates her property
rights. Ms. Hess stated that she, along with her husband, specifically purchased their home in
Poudre River Ranch for the PRT, the PRLC, wildlife area, and the abundance of open space.
She stated there has been a lot of oil and gas drilling in the vicinity, but the proposed use is an
infringement of her property rights; additionally, she is concerned about the hunting in such
close proximity to the PRT. She indicated that while jogging on the PRT, she saw a goose fall
to the ground because someone was shooting toward the PRT, not being aware there was
someone out there. She added that further east on the PRT there are duck blinds pointing
towards the PRT, and that adding fifty (50) people with shotguns shooting towards the PRT is
not a safe proposal. Ms. Hess stated that she realizes the land has many uses and she
understands people would like to use the property for boating; however, this would mean that
surrounding property owners will start hearing motorboats at 8:00 a.m., until the end of the day,
in which she compared the sound of the motorboats equivalent to someone running a
lawnmower for nine (9) hours a day on the weekends. She stated she is open to a compromise,
or perhaps allowing a use that is more compatible with the area, environment, surrounding
property owners, and the landowner. In response to Commissioner Rademacher, Ms. Hess
stated she has been a resident of Poudre River Ranch since 2005, and identified her home on
the map, which is approximately a quarter of a mile away from the site. She further stated that
the entrance to the site cuts across the PRT and there is a gate; however, it will be a potential
safety hazard with fifty (50) vehicles accessing the site on a regular basis.
Barb Hagen, surrounding property owner and Co-Chair of the Poudre River Ranch Adopt-a-Trail
Group, stated her group consists of approximately sixty (60) volunteers who are responsible for
maintaining the PRT from 71st Avenue to 83rd Avenue. Ms. Hagen stated that the Poudre
River Ranch Adopt-a-Trail Group requests the Board deny the current proposal and that
allowing the commercial development of this portion of the PRT, adjacent to the PRLC, will ruin
the overall experience that people currently enjoy on the PRT and at the PRLC. She further
stated the Adopt-a-Trail Group does not want the peaceful environment to change and at
the PRLC, people of all ages are taught to appreciate the environment and respect nature, and
if this proposal is accepted today, important lessons will be lost in the sound of motorboats,
gunfire, and the increased litter generated by fifty (50) campsites. Ms. Hagen encouraged the
Commissioners to preserve the quality and character of the PRT and the importance of
the PRLC to the community.
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 11
Leslie Ehrlich, member of the Eagle Lakes Boating Club, stated she is in favor of the Poudre
PRLC; however, she is an avid water skier who has been skiing on private water for years and
many of the lakes in the state continue to be shut down. Ms. Ehrlich referred to the RM Hiner
facility, which was approved at the Board's last meeting, and stated the reason why they joined
the Eagle Lakes Boating Club is because her family tried to join the RM Hiner facility, but it was
full. She stated the members of the Eagle Lakes Boating Club have been portrayed as
inconsiderate and obnoxious people, litterbugs, and nudists, which is not the case, and the
members of the boat club are extremely family-oriented and want to share the environment with
their children. Ms. Ehrlich added that the members of the club respect the rights of the people
who are in opposition of the proposed request, and would like to be treated with the same
respect. She stated that the one (1) boat at a time rule is included in the club's bylaws and the
members are very respectful of one another; if there ever are two boats on the lake at the same
time, the members will discuss it, and one boat will wait until their turn. Ms. Ehrlich stated that
boats are inspected upon leaving any body of water that is infested with zebra mussels;
however, if the lake is not infested with zebra mussels, the boat will be inspected prior to
entering the facility. She also referred to Ms. Hess' previous testimony about the distance
between her house and the site, and clarified that from the Stop sign at 83rd Avenue and "F"
Street to the gate of the facility is three-quarters of a mile; therefore, it is more than a quarter of
a mile from the site to Ms. Hess' neighborhood. She further stated that the members will not be
blasting their music and trash won't be an issue, due to the trash facilities on the site. In
response to Commissioner Rademacher, Ms. Ehrlich stated their lease of the facility is from
April 15, 2011, to September 30, 2011, and her family did boat on the lake in April. In response
to Commissioner Conway, Ms. Ehrlich stated that there is a section in the bylaws that
addresses the zebra mussels, and added that if it comes down to the regulation of the zebra
mussels for this application to get approval, she will gladly take a course on getting certified to
inspect for them.
Paulette Weaver, Assistant Director of the Poudre PRLC, commended the Board for being
patient and listening to all of the public testimony. Ms. Weaver stated this issue is important to a
large number of people and if there has been any inappropriate language towards the members
of the boat club, it has not been from the Poudre PRLC staff. She stated the proposed use will
impact approximately 14,000 visitors to the PRT per year, however; it will have a minimal impact
on the PRLC because they have kept all of their structures outside of the property, other than
the amphitheatre, to help keep the area open. Ms. Weaver added that the PRLC is teaching
kids to not litter and encouraging them to pick up litter. She stated they use the eastern portion
of the PRT and she appreciates that the 100-acre open space is part of the system.
Ms. Weaver identified a location, on the map, where she found the packing of a shotgun shell,
and she was informed that that the packing can travel approximately twenty (20) feet from the
location of the shot, which means the members may have been on the PRLC property, and she
is concerned about what may have been going on at the PRLC property. She referred to an
online poll conducted by the Greeley Tribune, which did not clearly state the proper location of
the site and allowed the public to vote several times, and she reiterated that the petition
circulated by the Poudre PRLC has over 700 signatures. Ms. Weaver stated the PRLC and the
PRT were built by the community, the PRLC is proud of the organizations and people who have
made the Center possible, and they still want to encourage public use. She further stated the
proposed use might work at a different location; however, she believes the use is incompatible
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 12
with the existing uses. In response to Commissioner Conway, Ms. Weaver stated the PRLC
was opened for the 2005-2006 school year.
Nancy WareHime, member of the Eagle Lakes Water Ski Club, stated she has been boating for
three (3) years on Seibring Reservoir (the west lake), and reiterated the members follow the
same bylaws, which allow one (1) boat at a time on the lake. She stated that she appreciates
the concerns about the zebra mussels because not only are they damaging to bodies of water,
they are very damaging to a boat. She explained the process performed at Pueblo Reservoir
from several years ago when it was infected with the zebra mussels. Ms. WareHime described
her encounters with the eagles and eaglets on the site, and stated the eagles do not seem to be
concerned with the people on the site. She stated, as members, they appreciate the concerns;
however, they would like to collaborate on a solution, with those in opposition, to ensure a
positive outcome for everyone. In response to Commissioner Long, Ms. WareHime stated there
is no interest in having more than one boat on the lake at a time, due to safety reasons, and the
members are considerate with one another and respect people's time on the lake. In response
to Commissioner Conway, she stated there are ten (10) members in the boat club, on the west
lake, her family does not have a camper, and they drive up from Commerce City on the
weekends to boat for a couple of hours. In response to Commissioner Conway, Ms. WareHime
identified the location of the PRLC adjacent to the site and the location of the third lake. In
response to Chair Kirkmeyer, she clarified she is a member of the Eagle Lakes Water Ski Club;
however, she is a member of the west lake, and reiterated the west lake has ten (10) members.
In response to Commissioner Rademacher, Mr. Ogle identified the location of the west lake and
Ms. WareHime identified the location of the eagles on the south side of the river. The public
hearing was closed at 3:00 p.m.
Jim Roth, Lessee, stated he has conducted research about the eagles and learned that the
same scenario exists all over the United States with eagles living in such close proximity to
humans. He added that the number of eagles has increased, due to conservation efforts, and it
has been proven that eagles can co-exist with humans. Mr. Roth stated that Barr Lake, near
Brighton, Colorado, has active eagle nests on the site, which are closer than the buffer zone
that the CDOW recommends for a public area, and boating is allowed on this lake. He stated
there is a similar situation at Jackson Lake, where there are a few pairs of eagles at the lake,
and they are reportedly doing well. Mr. Roth stated that on public property you cannot regulate
what people do; however, on private property an owner can regulate what occurs, and the club's
bylaws state that members must respect the eagles on the property, which has resulted in the
eagle's existence on the property, and now they are raising families on the site. In regard to the
hunting aspect at the site, Mr. Roth stated there is a steel shot regulation in existence that
mandates steel shots instead of lead shots, which is more toxic. He stated that he has
managed hunting clubs in the area since the 1970's, and on this property, he has maintained
minimal use of the hunting, due to the abundance of wildlife at this location and he is aware the
PRLC enjoys seeing the wildlife on the site. Mr. Roth stated he would be unable to manage the
wildlife on a property that has approximately 14,000 visitors each year; however, he is able to
manage the wildlife on his property, due to the size of the site. He stated they do strategically
hunt from parts of the site, where the shots fall back on the property; and the City of Greeley
allows hunting on agricultural property with the appropriate permit. Mr. Roth stated that a guide
company is a good way to control what goes on at Mr. Orr's property and one of the stipulations
of the club is that the members treat the property with respect, in order to maintain a good
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 13
wildlife population, even though they hunt on the property. Mr. Roth stated that Rule #11.K of
the club's bylaws states that, "Any violation of any rule, regulation or law, may result in the
suspension, termination, or cancellation of that member, at the sole and absolute discretion of
Jim Roth, whose decision is final." In response to Commissioner Rademacher, Mr. Roth
identified the various lakes on the site and stated there are currently ten (10) campsites on the
west lake, on the center lake there are six (6) campsites, and on the east lake there are nine (9)
campsites. Mr. Roth added there are approximately 800 to 1,000 feet between the PRLC's
property line, and the campers on the east lake. He stated that state laws indicate hunting can
be allowed, even closer than 1,000 feet from the neighboring property; however, due to safety
concerns, they are further away. In response to Commissioner Rademacher, Mr. Roth identified
the location of the PRT, in reference to the three (3) lakes, and stated the distance from the
hunting to the PRT is approximately 1,000 feet, and reiterated the hunters direct their shooting
to the north, which is away from the PRT. He clarified that the Eagle Lakes and Water Skiing
Club is not a gun club, and that he and his son provide private guided hunts, where they take
hunters from around the United States to one of twenty-five (25) sites, they rotate within the
surrounding area, to minimize the impact on any single property. In response to
Commissioner Rademacher, Mr. Roth stated the heaviest use, on any given day, would be the
capability to have six (6) people at one time with one guide and they hunt all of the lakes; the
center lake has the best duck hunting and the east lake has the best goose hunting. He further
stated that on the north side of the river and the west lake, there is another guide service, and
between the site and Water Valley, there are an additional four (4) commercial guide services.
In response to Commissioner Rademacher, Mr. Roth stated he has not met with any of the
neighbors to address any of their concerns; he apologized and stated he did not think he would
have much luck, due to the hostility from the Planning Commission meeting. In response to
Commissioner Rademacher, Mr. Roth stated, in his opinion, the bigger the shot the farther it will
travel, and to determine the distance a "middle of the road" sized shot will travel depends on a
variety of factors, including the wind, arc, etcetera. In response to Commissioner Rademacher,
Mr. Roth stated they are not hunting on the eastern side of the lake from a safe distance, on the
north side of the lake they stay away from the river, and he has never run a hunt on the river.
Commissioner Long stated that hunting is allowed on private property, and he is uncertain why
this aspect is part of the application.
In response to Commissioner Long, Mr. Ogle stated that staff is considering this hunting request
as a commercial guide service, since Mr. Roth is being compensated for his expertise. Mr. Ogle
referred to the Barnesville site at which the Board approved the USR for both hunting and a ski
lake. Commissioner Long stated that hunting is a Use by Right in an A (Agricultural)
Zone District, but even if this USR is rejected, the applicant can still hunt on the property
because it is private property. He clarified that hunting should not have been, or does not need
to be, a part of this application. In response to Chair Kirkmeyer, Mr. Roth stated there is no
overnight camping associated with the hunting, and the hunting typically occurs during the early
hours of the morning and if it is a good day, the hunts are finished before sunrise.
Commissioner Long stated there is not a place for hunting in this application and he does not
see a commercial link to where the County should have to regulate it.
Commissioner Rademacher added he is uncertain whether the Development Standards related
to hunting are even applicable. Mr. Barker stated the original intent of the USR is related to the
boating and overnight camping, and the hunting is secondary; even in the cases where private
property owners are allowing, either by lease or another financial mechanism, the ability for
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 14
others to hunt on the property. Chair Kirkmeyer stated that a USR is not required for a property
owner to lease the property to allow hunting on it.
Mr. Orr stated he concurs, if the Board would like to pull the hunting aspect out of the
application. Commissioner Rademacher stated the only Development Standard in the
Resolution regarding hunting safety is #36, which requires the applicant to post signs notifying
the public of hunting season, thirty (30) days prior to the commencement of any hunting
activities. Commissioner Garcia stated that while reviewing the Accessory Uses by Right, and
Uses by Special Review in the A (Agricultural) Zone District, he is unable to connect the uses.
Chair Kirkmeyer clarified the Board should determine whether hunting needs to be included in
the USR application. Commissioner Long stated he does not believe that hunting should be
included in the application, due to the fairness of the issue; this situation is happening
throughout Weld County, and hunting is allowed as a Use by Right on private property; Mr. Roth
is limiting the number of hunters to six (6) at a time; and they are being respectful to the wildlife
and those in the surrounding area. Commissioner Rademacher added that as long as the
hunters follow the state laws and regulations, and receive the appropriate licenses, it should not
be an issue. Chair Kirkmeyer stated the Weld County Code has never been interpreted to
require a USR if a person allows hunting on their property, or leases the property to any
waterfowl or gun club. Chair Kirkmeyer and Commissioner Rademacher both stated they own
agricultural property and lease it out to gun clubs. Chair Kirkmeyer stated she leased her
property to a gun club during her first term of being a Commissioner and, at that time, it did not
require a USR. Commissioner Garcia stated that no one is allowed to fire onto or over the PRT,
according to the Weld County Code. In response to Chair Kirkmeyer, Mr. Orr stated if the Board
feels the fifty (50) campsites proposed on the application is too intense for the proposed site, he
would be willing to work with the Board to decrease the number of sites. In response to
Commissioner Rademacher, Mr. Roth stated that all of the lakes have the same rules and
regulations and the only club allowed on the lakes is the Eagle Lakes Water Ski Club. In
response to Commissioner Conway, Mr. Roth stated the goal is to have a total of
twenty-five (25) members, since there are twenty-five (25) campsites. In response to
Chair Kirkmeyer, Mr. Roth stated the water for the lakes is Poudre River Lake Water and it has
been recommended that the water be tested periodically. He stated it is the same water as all
of the surrounding public lakes, and it may, in fact, be better quality, since there is much less
use at Mr. Orr's lakes, compared to the other lakes. Commissioner Rademacher stated that he
swam in an irrigation pond all of his life and the water probably did not meet the "standards" of
today, and everyone swims at their own risk. He added that it is strongly encouraged that the
lake water is tested; however, it is not enforceable.
Chair Kirkmeyer stated that earlier in the meeting, Mr. Orr referred to Section 23.5 of the Weld
County Code, which is supposed to allow a recreational facility in an A (Agricultural) Zone, and
she was unable to find that information in the Code and stated that in the A (Agricultural) Zone,
a recreational facility requires a USR permit and it is not listed in the Code as a Use by Right.
Mr. Orr stated he may have read the Code incorrectly and thought he read that auxiliary uses,
behind primary uses are allowed, and he must have made a mistake. Chair Kirkmeyer clarified
that Accessory Uses are allowed, if related to a Use by Right, and recreational facilities, similar
to the one proposed, are specifically called out as a USR.
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 15
Commissioner Rademacher inquired as to why Development Standard #11 is requiring a
permanent, adequate water supply for drinking and sanitary purposes, and stated that many
RV's have self-contained sewage disposal. In response to Commissioner Rademacher,
Ms. Evett stated that if the operation is greater than six (6) months, it is County policy to require
a permanent, adequate water supply. Commissioner Rademacher stated that he does not
agree with Development Standard #11 and would prefer to delete it, along with #12. He added
that many of the lakes and hunting facilities he travels to do not have permanent restrooms, and
portable toilets should suffice. Ms. Evett stated that since hunting is being omitted from the
application, the use would be less than six (6) months, which would not require the facility to
have permanent restrooms or a permanent, adequate water supply. She agreed with the
deletion of Development Standards #11 and #12 and recommended that #10 be updated as
follows, "Adequate drinking (bottled water), hand washing and toilet facilities (portable toilets)
shall be provided for people at the facility." She added that Development Standard #13 will also
need to be deleted, since there will not be a permanent water supply.
Commissioner Rademacher referred to Development Standard #20, and stated a flooding event
may occur along the Poudre River once per year, and inquired as to why they would be
restricting the use the other four (4) to five (5) months. In response to
Commissioner Rademacher, Mr. Kimmi stated that FEMA does not recognize that flooding only
occurs on a seasonal basis, and if the location lies within a floodplain, and it must be regulated
accordingly. Commissioner Rademacher recommended they keep the campsites from May 1 to
June 15. In response to Commissioner Rademacher, Mr. Kimmi stated, if that is the case, the
applicant will need to apply for a flood hazard permit, in order to stay compliant with FEMA's
regulations. He stated that he met with Mr. Orr on Monday, May 16, 2011, and discussed the
option of requesting a letter of map revision (LOMR) from FEMA, to take certain areas out of the
floodplain, and if they are successful, that standard may be eliminated. Ms. Hansen referred to
a handout provided by the Department of Public Works, which revises Condition of
Approval #1.i and Development Standard #20, and the proposed revisions would allow Mr. Roth
to move the campsites around the lake, should he receive LOMR approval from FEMA. In
response to Commissioner Rademacher, Mr. Kimmi stated per FEMA regulations, Development
Standard #21 requires portable boat docks to have a building permit and a Flood Hazard
Development Permit. He added that the owners of the boat docks can contact an engineer to
design their anchoring mechanism, so the boat docks do not break free and get tangled up in a
downstream bridge. Commissioner Rademacher suggested the deletion of Development
Standard #35, and recommended #36 be left in the Resolution. Chair Kirkmeyer also
suggested the addition of a new Development Standard that requires that the property owner
posts signs notifying the members and the public that hunting may occur on the property.
Commissioner Long stated that hunting is not just going on this particular area, it is occurring all
along the Poudre River. Commissioner Rademacher referred to Development Standard #40
and stated it is very restrictive and should be removed. He added that all other clubs and ski
lakes do not remove their duck blinds, firepits, and picnic tables every year. Chair Kirkmeyer
stated the duck blinds, along with decoys, and Western Waterfowl Outfitters shall be deleted. In
response to Commissioner Rademacher, Chair Kirkmeyer stated the boats and campers should
be removed, which is a negative impact for the private property owners on the other side of the
fence. In response to Commissioner Long, Mr. Orr stated he would be happy to remove the
boats and campers from the site; however, he recommended the picnic tables be left at the site
because his family uses them year round. After further discussion, the Board decided to leave
in boats, campers and shelters, and similar recreational equipment related to the boats,
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 16
campers and shelters in Development Standard #40. Chair Kirkmeyer stated Development
Standard #40 is very specific to the Eagle Lakes Water Ski Club and recommended it be
changed to water ski club. In response to Commissioner Rademacher, Chair Kirkmeyer stated
Development Standard #42 is just providing examples of types of which are not allowed within a
one-half mile radius of the bald eagle's nest, and it is not specific. Chair Kirkmeyer
recommended the addition of a Development Standard to limit the number of campsites to
twenty-five (25). She added there needs to be a Development Standard to incorporate the rules
of the water ski club regarding the one (1) boat on the lake at a time and the termination of
membership, should the rules be violated. Commissioner Garcia stated, in regard to the
termination of membership, if there is a violation of the one boat on the lake at a time, it
questions the USR, and stated he is uncertain whether the termination of membership should
be at the Board's discretion and; therefore, should not be a Development Standard. After
further discussion, the Board agreed with the addition of a Development Standard, which allows
only one (1) boat at a time on the lakes for recreational purposes. Chair Kirkmeyer referred to
the concern with erosion control and she did not see anything in the Resolution to address this
issue. Commissioner Rademacher stated this issue is between the Lessee and the landowner,
and this is not the correct forum to discuss this matter. He added that if the CWCWD does not
like the erosion that is taking place at the lake, they can agree to stop filling the lake. Ms. Evett
stated that since they will be allowing portable toilets and bottled water, Conditions of
Approval #11 and #12, and #13 can be deleted, and she agreed to Ms. Hansen's new language
for#20.
Mr. Orr, inquired about Development Standard #24, and Chair Kirkmeyer stated this item is
required, due to flood insurance and rules with FEMA, and the information just needs to be
noted on the plat. Commissioner Long added that this addition to the plat is to protect the
landowner in the future. Mr. Orr stated his concern with Development Standards #41 and #42.
Chair Kirkmeyer clarified that from April 1 to July 31, water skiing will not be allowed within a
one half mile radius of the breeding pairs. In response to Commissioner Rademacher, Mr. Ogle
stated the one half mile radius recommendation came from an Advisory Statement from
the CDOW, dated April 8, 2011. Commissioner Rademacher stated he is agreeable to allowing
one (1) boat to operate within one half mile from the eagle's nest, which shouldn't be a problem
since the eagles have been present at the site for 18 years and the site was previously a gravel
pit. Commissioner Long added that there have already been boats at the site. Chair Kirkmeyer
and Commissioners Conway and Garcia stated they do not agree with deleting Development
Standard #42. Commissioner Rademacher stated if there is a one-half-mile radius drawn from
the eagles' nest, it would eliminate the entire project. In response to Commissioner Garcia,
Mr. Orr stated he did not have the opportunity to discuss his concerns from the CDOW which
made the recommendation. Mr. Barker referred to a map from Mr. Ogle that showed a
one-quarter-mile and one-half-mile radius from the eagles' nest, which was generated based on
the referral from the CDOW. Commissioner Rademacher stated he believes that a
one-half-mile radius is too excessive. Commissioner Long stated he grew up along rivers and
has visited Alaska, where bald eagles are as prevalent as sparrows, and there is an abundance
of loud activities, such as camping and boating, and the number of eagles is thriving; he has
seen evidence in his lifetime that the eagles are not going anywhere. He stated that he believes
the one-half-mile radius recommended by the CDOW is simply a guideline; not a standard.
Commissioner Long added there was an eagle's nest over State Highway 14, east of
Briggsdale, until the wind blew it down and the eagles were forced to build a nest elsewhere.
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 17
Commissioner Rademacher said he has had a similar experience in Alaska, where the eagles'
nests were within an eyeshot view of the dock, and the boats did not phase them. He added
that the one-half-mile radius is too much and would eliminate the entire project.
Commissioner Garcia stated there are so many items that have not been addressed, for
instance, if Mr. Orr and the CDOW would have discussed this Advisory Statement, he is not
certain whether the CDOW would have been willing to decrease the one-half-mile radius, and
he believes the buffer should be there, and Commissioner Conway concurred.
Commissioner Long referred to a recent article in the Greeley Tribune regarding how there will
be a multitude of people living on the shorelines of the Poudre River, and noise and activity are
not mentioned as items of concern; he is certain there is other wildlife activity that has not even
been discussed as an item of concern. In response to Commissioner Rademacher,
Chair Kirkmeyer clarified that it could actually be three (3) boats, one (1) boat per lake, at a
time.
Commissioner Rademacher motioned to amend Condition of Approval #6 to read as follows,
"The applicant shall attempt to address the requirements/concerns of the Colorado Division of
Wildlife (CDOW), as stated in the referral dated April 8, 2011. Written evidence that these
concerns have been addressed shall be provided to the Department of Planning Services." He
added that the eagles have been present at the site for 18 years and they have not relocated.
Upon a roll call vote to amend Condition of Approval #6, the motion was defeated with
Commissioners Conway, Garcia and Chair Kirkmeyer opposed.
Chair Kirkmeyer stated there are several items the Board needs to take into consideration to
determine whether this use can be compatible with existing surrounding uses, and is consistent
with future development. She further stated that some of these issues should have been
addressed by the applicant, prior to coming before the Planning Commission and Board of
County Commissioners; she does not like that the site was being operated as a violation of
zoning regulations.
In response to Commissioner Rademacher, Chair Kirkmeyer stated if a new radius is
determined by the CDOW, the property owner will need to amend the USR.
Commissioner Long suggested the omission of Development Standard #42, which would
provide the CDOW with the veto power. Commissioner Rademacher stated he would like to
allow Mr. Orr some flexibility, should a new boundary be determined by the CDOW, so he will
not have to come back before the Board to amend the USR. Commissioner Long stated the
one-half-mile radius is too overzealous. Commissioner Rademacher stated if the radius is a
standard from the CDOW, why is Hall-Irwin allowed to mine, or maybe the CDOW didn't receive
a referral at the time of the application.
Chair Kirkmeyer summarized the proposed changes to the Resolution:
1) Development Standard #42 shall be modified to, "There will be no human
encroachment of an active Bald Eagle nest (Le. camping, motor boating/water
skiing, and the construction of a physical object including oil and gas wells, and
associated encumbrances) for a distance of one-half mile radius from October15,
through July 31, of any given year based on state and federal guidelines. Unless a
shorter radius is agreed to between the CDOW and the applicant."
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 18
2) Condition of Approval #1.i shall be amended per Exhibit T to state, "Portions of this
parcel are located within the Federal Emergency Management Agency (FEMA)
mapped Zone A 100-Year Floodplain and the Floodway. The Weld County Code
prohibits the construction of buildings within the floodway. Any structures or grading
in the floodplain will require a Flood Hazard Development Permit. Due to the
hazardous nature of the floodplain and the potential for loss of life and damage to
public facilities such as bridges, the campsites and overnight parking cannot be
located in the FEMA 100-year floodplain or the floodway. The boundaries of the
floodplain and the floodway must be shown on the site plan. Portable boat docks
must 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
(Le. if they become entangled in a bridge). All temporary structures shall be
delineated on the plat, including, yet not limited to:"
3) The last portion of Condition of Approval #1.i5 shall be amended per Exhibit T, to
state, "Boundaries of the FEMA-mapped current effective 100-year Floodplain and
the Floodway."
4) Hunting will not be included in the USR.
5) Development Standard #10 shall be modified to: "Adequate drinking (bottled water),
hand washing and toilet facilities (portable toilets) shall be provided for people at the
facility."
6) Development Standards#11, #12, and #13 shall be deleted.
7) Development Standard #20 shall be amended to read as follows, "There shall be no
campsites or overnight parking located between the Cache La Poudre River and the
lakes (Seibring Reservoir), unless the applicant provides proof of acceptance by
FEMA of a letter of map revision a LOMR, showing the area(s) to be outside of
the 100-year floodplain boundary."
8) Development Standard #35 shall be deleted.
9) There shall be a new Development Standard that states, "The applicant shall post
signs notifying the club members and public that hunting may occur on the
property."
10) Development Standard #40 shall be amended to remove "duck blinds along with
decoys, and Western Waterfowl Outfitters" and read as follows, "All boats, campers,
RV's, shelters, and similar recreational equipment owned by members and guests
of the water ski club shall be removed from the premises at the end of each
season."
11) A new Development Standard shall be included that states, "Only one boat at a
time is allowed on each individual lake."
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 19
12) Development Standard #42 should remain, unless the property owner and the
CDOW can agree on a shorter radius.
13) A new Development Standard shall be included that states, "the number of
campsites shall be limited to twenty-five (25)."
14) Renumber as appropriate.
In response to Chair Kirkmeyer, Mr. Orr stated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Garcia commended everyone for speaking and showing their passion about this
matter and stated it is unfortunate, after the Planning Commission's vote, that there was such a
short time period for the applicant to address some of those issues. He stated that earlier this
morning he wanted to clarify that if the applicant would have stated he wanted more time, he
would have been in support of that continuance; however he does not believe this matter is
ready for a decision for providing a USR, at this time, and typically land use items occur after
the applicant has worked with the neighbors and all parties involved to address any concerns,
which the applicants did not do beforehand. Commissioner Garcia stated the Board wants a
beneficial outcome for applicants and mentioned it is important to note, when the Planning
Commission recommends denial, the Board needs to examine several sections of the Code to
approve it. He further stated this is a situation where the CWCWD did not have the opportunity
to discuss the matter, the PRLC still has issues that need to be addressed, and he is not in
support of this USR because the applicant has not met his burden of proof.
Commissioner Rademacher stated the proposed use could be the best and highest possible
use of the property at this time, but this application is compatible with the uses in the area, as
far as gravel, and there are several gravel pits in the area, and, in the future, they will all be
used for recreation. He stated that the erosion and enforcement of the zebra mussels is
between the property owner and the Lessee. He added that he is in favor of the proposed
request and the applicant has provided sufficient proof.
Commissioner Conway commended the applicants and the public for staying the length of the
meeting. He stated that he concurs with Commissioner Garcia and believes the Planning
Commission made the right decision, and the proposed request is a question of compatibility for
him. He stated that he appreciates and understands those who testified about the need for
more water recreation; however, there are many unresolved issues. He stated the PRLC was
thousands of Weld County residents who came together to create, "The Crown Jewel" of our
community and County. Commissioner Conway added that the PRLC was established in 2005,
and this land was acquired in 2007, which is after the previous existence of the PRLC. He has
met with Mr. Hall in regard to the land, as part of this process, and confirmed the previous
impact was very minimal. He stated he is a very strong advocate of private property rights;
however, he also believes private property rights cannot impact the private property rights of
your neighbor, in an adverse way. He further stated that he is in support of a win-win situation
for all parties involved, and it has been suggested for Mr. Orr to work with the PRLC and the
surrounding property owners to collaborate on a compatible use.
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 20
Commissioner Long stated there is going to be recreational use on the subject property,
eventually, and he is in favor of the proposed use. He stated the Board has decreased the
number of campsites substantially, the proposed use is compatible with the surrounding area,
and there is an opportunity for learning on both sides of the fence. He reiterated the PRLC was
a great community effort, there is still room for growth, and if the PRLC wants to control the
environment around them, they should consider purchasing the property owned by Mr. Orr. He
further stated he is in support of the project; however, he would be open to a continuance, to
see if the radius issue can be worked out with the CDOW.
Chair Kirkmeyer stated it is evident the Board is struggling with the current issue, and she has
difficulty understanding how the PRLC is compatible next to gravel mining, but it is not
compatible next to water skiing. She added that she is leaning towards continuing the issue.
Commissioner Long referred to the gravel mines along the U.S. Highway 85 corridor, and stated
when the gravel mines first started, the Board was looking at the end product, which was water
storage and recreation, the highest and best use. He added that boating is in conjunction with
using the property for recreational purposes.
Commissioner Rademacher stated he has lived next to gravel operations for the last twenty (20)
years and he was happy to see the gravel mining operations quit and recreational activities
start. He stated he believes that gravel mining operations are much more intensive, for
disruption, than using the lake for recreational purposes.
Commissioner Garcia stated the issue comes down to the respect for the neighbors and that
has yet to occur.
Chair Kirkmeyer stated that the public hearing has been closed and the meeting on
July 6, 2011, will not be open for a public hearing, but it will be open to hearing from the
applicant to see if he had made any progress. Commissioner Garcia recommended that public
comment be allowed by representatives from the PRLC, CWCWD and CDOW. Chair Kirkmeyer
stated that she is not opposed to another public hearing and Commissioner Conway stated he
would like to give the opportunity for other people to come forward and speak.
Commissioner Conway stated that he will be voting for a continuance, but there will have to be
substantial changes, and many of the issues raised today will need to be resolved. He
encouraged the applicant to reach out to his neighbors and community to collaborate on a
beneficial solution for everyone.
Commissioner Rademacher stated that he will not be supporting continuance because his
position will not change on the matter. Chair Kirkmeyer stated she will be supporting the
continuance because she believes there is an opportunity to work out some compromises with
the neighbors and the other entities impacted by this matter and she would like to see a
collaborative effort to work towards a win-win situation for all parties, and Commissioner Garcia
concurred. Mr. Orr stated that he supports the continuance.
Commissioner Long motioned to continue the request of Ed Orr for a Site Specific Development
Plan and Use by Special Review Permit #1778 for a Recreational Facility (water skiing lake and
campsite for water skiing members, along with commercial hunting on a fee basis) in the A
2011-1241
PL0043
HEARING CERTIFICATION - ED ORR (USR-1778)
PAGE 21
(Agricultural) Zone District, to July 6, 2011, at 10:00 a.m. His motion also included the following
conditions: 1) The applicants shall talk with the Poudre River Learning Center to work on
possible compromises for co-existence, 2) The applicants shall talk with the Central Weld
County Water District to come up with a compromise to make it a win-win situation, 3) The
applicants shall meet with the Colorado Division of Wildlife regarding the radius from the eagle's
nest, 4) Public comment from representatives of the Poudre River Learning Center, Central
Weld County Water District and Colorado Division of Wildlife will be allowed at the July 6, 2011,
meeting, and 5) The July 6, 2011, meeting shall be open to new public comment.
Chair Kirkmeyer seconded the motion and it carried 4-1, with Commissioner Rademacher
opposed. There being no further discussion, the meeting was adjourned at 3:39 p.m.
This Certification was approved on the 23rd day of May, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i�.�� IE / LCJ =���
J� V ; 'O arbara Kirkmeye , Chair
Weld County Clerk to the .�-r. o:..
1861 'x. -{ P
1 c)
v( '%uc�`� tae n P. C y, Pro-Tem
Deputy Clerk to the Boars`J( 7 \ (�ii"/
� Willi . Garcia
David E. Lore_ ��
D ugla ademac er
2011-1241
PL0043
�J
o ' er 0 ro '
Qo w
C1
CN Mtova \ C) Jo `1
3 (to --:--) \ 1 o , d g c----0 , .
W Li v i d r � .ZC • ,,, ,
4 ,
y14 e (gal
U N W N U
Z r N W e - y- CO 3 U) U'0 :I'C: .< •
a a ore vil) `� 1- cco C � \
p S z3 (N c4 � � r �' ci a'�
z u- < 9 q 40 ti _
W O OO a Z � Ik‘k
ill
N = � IUn' N i
co -- ma O m a r
p W C) 0
F zN ? � C r.
O zwu � T U M'
} U G e�
1iE2 > r t & tc \ ,' ) 4
O J � WU' p coujuuct °• �� J �r o S � � 1
S .
o n m ' W m h c,)---: n0 L 1 ,g d
W CI MNNN CO as 3 vl Y.� � C��pl
} J
IL rrr r1 �
Q N N N N 01 1� J s ��
Cl) izq
z WWWw y W o �� o t. ND
d y �n"C [ �
EE YYYY Q c y� �S � �C � � 1
w 0000 -I z4.
2 pp 0p d
`r7 ci
' — K J`
� � A
k \r- ,_„5, °'' D >, r)-; ,e \_,, r --,,, „..,
, mu ,,,t.
:ill°:.,..,
. 7, ..i..
0 . \,..5
Qs ..,.. , ct ..&,• o
re
0 w i v /U C NAQ V
re m v t > ut
w o0 el W y N 2 + t ' � � ^ �, gy p
^' lgi��� ca cz
d c,
T M 7 N) x
0 Cho d 2 d 3 `� U' i
} oW Q r �� 3 '� � �wN
a � pp
a = Q > oco
G z �O , o c. to `s ," T m N 1
cc' ma 0
o E
2 V W Z 5 N
F- Z y ' C
--Wy � 0
66
o {/�aEWn' C 1 t�Q. I
d Q2 � Wp a _ --c--. \� „�
0J Lai J W d O J
CA D L ' G
a 0000NneiN .- —C (\Z. 6� � \./O ` $ dj
Q VUUU a 2 c -W 0000 Cr
10000 a
N.
C
O
60rn M ,• i 6, zr
v OCI
•\s
0 a (c-w v J
U N ^ M 1 � �9 o y L
in 6 t
cn �\j 1' (a
� ., �v
O N W r.
d U y c— --F
J 1P N dL.
Z IL O 0 0 a 22 C75 ,\ c, ? z �, ,t r o � � �`�d
i— < 0 x C g M 5QQ � � g No � � % r
H Z y ? 5 c 7
0 O W y V 0 - 1
co O J - uj Li_. f
m W W
J 5 >
a CH a°, tS a C • a� �. � �
WMNNN 3 • ecC . , ` � t.? - Z J
m � N. rr• a
Q 0000
w * * * * m a� C� i y �'?
z W W W W w W 0 at S ' C S V
W 0000 J z ° ���T'1 �. - `--
x OOOO a
Hello