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Home My WebLink About20111230.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Appli.cawt Ed Orr and Orlando Ltd., C tse Numkber USR-1778 c/o Jim Roth, Eagle Lakes Water Ski Club and Western Waterfowl Outfitters Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Field Check Form Letter to Applicant Affidavit of sign posting Legal Notifications 2 Application X Maps Deed/ Easement Certificate Surrounding Property/Mineral Owners • Utilities 3 Referral List X Referrals without comment Weld County Zoning Compliance, referral dated 3-14-2011 West Greeley Soil Conservation Service, referral dated 3-14-2011 4 Referrals with comments X US Army Corps of Engineers, referral dated 3-9-2011 Windsor-Severance Fire Protection District, referral dated 3-10-2011 Weld County School District, RE-4, referral dated 3-15-2011 Federal Emergency Management Agency, referral dated 4-1-2011 Weld County Department of Public Works, referral dated 4-5-2011 . y U.S. Department of Interior, Fish and Wildlife Service, referral dated 4-7- 2011 City of Greeley, referral dated April 7, 2011 Colorado Division of Wildlife, referral dated 4-8 2011 • Weld County Department of Public Health and Environment, referral dated 4-8-2011 2011-1230 Weld County Department of Building Inspection, referral dated 4-8-2011 • Town of Windsor, referral dated 4-8-2011 X Central Colorado Water Conservancy Water District letter dated April 20, 2011 Shark's Tooth Pipeline Co., referral dated April 20, 2011, April 25, 2011 'N' 6 PC Exhibits X ▪ a Letter of Concern, Robyn Hess, PhD. dated May 2, 2011 La Letter of Concern, Peggy Hoerner, dated May 2, 2011 c Letter of Concern, Dick Filby, dated May 2, 2011 • of Letter of Concern, William Miller, dated May 2, 2011 2 Letter of Concern, Sally Harms dated May 3, 2011 Letter of Concern, Randy Post, dated May 3, 2011 8 Stop Commercial Hunting & Boating Facility Petition, dated April 27, 2011 k. Letter of Concern, Ray Tschillard, Director Poudre Learing Center received May 3, 2011 Recorded Easement Agreement between Hall-Irwin Construction • L. Company and Central Colorado Water Conservancy District, B 1293 REC 2244528 dated March 20, 1991 Letter of Concern, Karen Truster, Windsor RE-4 School District dated May 2, 2011 K Letter, Bret Hall dated April 29, 2011 heveb cevtL fuu that the & ikevws tdentCfLed herein were subw.Ltted to the Depart/went of PLainn nr0 services at or prior to the scheaDALeal F'LOAAnina aovu.hn.LssLoners kearLng. Kivu note LPAA/uer • 1 8 6 1 - 2 0 1 1 LAND USE APPLICATION • SUMMARY SHEET WELD__,COUNTY Case Number: USR-1778 Hearing Date: May 3, 2011 Applicant: Ed Orr and Orlando Ltd., c/o Jim Roth, Eagle Lakes Water Ski Club and Western Waterfowl Outfitters -22150 County Road 41, LaSalle, CO 80645 Request: A Site Specific Development Plan and Use by Special Review Permit for a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A (Agricultural)Zone District. Legal Description: Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 of Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: North of& adjacent to County Road 62.25, East of& adjacent to County Road 25 Size of Parcel: +/-249.11 acres • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies without comment: • Weld County Zoning Compliance, referral dated 3-14-2011 • West Greeley Soil Conservation Service, referral dated 3-14-2011 The Department of Planning Services' staff has received responses from the following agencies with comment: • US Army Corps of Engineers, referral dated 3-9-2011 • Windsor-Severance Fire Protection District, referral dated 3-10-2011 • Weld County School District, RE-4, referral dated 3-15-2011 • Federal Emergency Management Agency, referral dated 4-1-2011 • Weld County Department of Public Works, referral dated 4-5-2011 • U.S. Department of Interior, Fish and Wildlife Service, referral dated 4-7-2011 • City of Greeley, referral dated April 7, 2011 • Colorado Division of Wildlife, referral dated 4-8 2011 • Weld County Department of Public Health and Environment, referral dated 4-8-2011 • Weld County Department of Building Inspection, referral dated 4-8-2011 • Town of Windsor, referral dated 4-8-2011 The Department of Planning Services' staff has not received responses from the following agencies: • . Blue Chip Oil Company Orr Energy Company EXHIBIT • Weld County Ambulance Services • Weld County Sheriff's Office Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 1 • ieai --zoii � SPECIAL REVIEW PERMIT w EL ►_ o NT Y ADMINISTRATIVE REVIEW U Planner: Kim Ogle Case Number: USR-1778 Hearing Date: May 3, 2011 Applicant: Ed Orr and Orlando Ltd., c/o Jim Roth, Eagle Lakes Water Ski Club and Western Waterfowl Outfitters -22150 County Road 41, LaSalle, CO 80645 Request: A Site Specific Development Plan and Use by Special Review Permit for a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A (Agricultural)Zone District. Legal Description: Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 of Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: North of& adjacent to County Road 62.25, East of& adjacent to County Road 25 Size of Parcel: +1-249.11 acres • THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.A.Goal 9. Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses. Section 22-5-30.A. W.Goal 1. New development should be located and designed to conserve critical ecosystem components, including wetlands, significant wildlife habitats and migration corridors. Significant wildlife habitat is defined as a geographical area containing existing or migrating wildlife and a combination of the essential elements of food, water, cover and space in quantities sufficient to support appropriate wildlife. Section 22-5-30.A. 1. W.Policy 1.1. Development and design of land uses which require drainage, excessive removal of riparian vegetation and alterations of river or stream banks should be discouraged in order to protect river or stream quality and to protect key wildlife habitat. 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. Ed Orr and Orlando, Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 2 Section 22-5-20.B. W.Goal 2. Traditional wildlife uses, such as hunting, trapping and fishing in agricultural and non-developed portions of the County, are beneficial. Support • the maintenance of these wildlife uses. 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. Section 22-5-50.E. OGoal 5. Encourage the location of parks, recreation and open spaces in areas with natural constraints to development. Section 22-5-50.E. 1. O.Policy 5.1. Consider placing parks, recreation and open spaces in floodplains, seep areas, wetlands, geological fault areas, nonproductive agricultural areas and areas having natural features of public interest. Consider proposals for other areas as well. The proposed recreational facility will be located on re-claimed lands within the Poudre River corridor on lands that are a part of a reclaimed mineral resource development site. There are three (3) ponds, known as Siebring Reservoir, that are to be utilized as a part of this facility. All primitive camping areas and associated parking of vehicles, trailers and associated site equipment are located south of these lakes outside of the FEMA designated floodway and floodplain boundary. This undeveloped site has cattle grazing on site during certain periods of the year. Protected wildlife and wildlife habitat are protected by Federal and State management guidelines and encroachment buffers. There is an active breeding bald eagle nest located within the river corridor, which has been present for several years. Breeding bald eagles occupy "territories," areas they will typically defend against intrusion by other eagles. In addition to the active nest, a territory may include one or more alternate nests (nests built or maintained by the eagles but not used for nesting in a given year). The Eagle Act prohibits removal or destruction of both • active and alternate bald eagle nests. Bald eagles exhibit high nest site fidelity and nesting territories are often used year after year. The bald eagle continues to be protected by the Bald and Golden Eagle Protection Act even though it has been delisted under the Endangered Species Act. B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the Agricultural (A) Zone Districts. Section 23-3-40.N of the Weld County Code allows for a Site Specific Development Plan and Special Review Permit for 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. C. 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. Three telephone calls were received from referral agencies and interested parties in regards to this proposal. The Department of Planning Services received a non-solicited referral from Susan C. Linner, Colorado Field Supervisor and follow-up telephone call from Peter Plage with the U.S. Department of Interior, Fish and Wildlife Service concerning the existing, active and documented Bald Eagle nest located south of The South Platte River. Their comments were based on the authority conferred to this Agency by the Migratory Bird Treaty Act of 1918, as amended and Bald and Golden Eagle Protection Act, 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 Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 3 their ability to adjust water levels for augmentation, both with acceptance of water from the Jones Ditch and Poudre River, and draw down of stored waters in the three water • bodies known as the Siebring Ponds. Brandon Muller with the Colorado Division of Wildlife contacted the Planning office noting that there is an active breeding Bald Eagle nest on premises and stated a referral would be forthcoming. Muller stated that the Division has concerns with lake activity near the documented eagle nest. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The property is not located within an Intergovernmental Agreement Area and is within the 3-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 of lake and hunting activities in or near the proximity of a known bald eagle nesting area; damage to sensitive shorelines; and the proximity of the low intensity Poudre Trail and Poudre Learning Center to the more intense uses of the proposed recreational facility, and the Town of Windsor in their referral dated April 8, 2011 stated concerns with the floodplain and floodway located on site and the adequacy of safety precautions for users of the Poudre Trail during the autumnal hunting season. The property under review was formerly mined of a mineral resource, sands gravels and stones by others and has been reclaimed. The use of the land is limited as 0.75 percent of the site lies within the floodway and floodplain of the Poudre River. . E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area, and the Capital Expansion Impact Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 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. (Ordinance 2005-8, Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed site is designated as Prime per the 1979 Soil Conservation Service Important Farmlands of Weld County Map, however, given the present reclaimed condition, this designation may be faulty. A significant portion of the site consists of three(3) lakes. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the • applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services recommendation for approval is conditional upon the following: Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 4 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) 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) 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) 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) Ed On and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 5 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) 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) Ed Orr and Orlando, Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 6 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) 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(cr�co.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) • • Ed Orr and Orlando, Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT • DEVELOPMENT STANDARDS Ed Orr and Orlando Ltd., c/o 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) Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 8 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) • 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 ID Section 23-2-240, Weld County Code. Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 9 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. • 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) • 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 Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 10 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 is recommended 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 they are bladed, will not provide the same kind of surface expected from a paved road. Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 11 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, sand burs, 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. • • Ed Orr and Orlando,Ltd., Eagle Lakes Water Ski and Western Waterfowl Outfitters, page 12 . 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 WELD ,COUNTY u April 7, 2011 Ed Orr do Jim Roth 22150 CR 41 LaSalle CO 80645 Subject: USR-1778-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 on a parcel of land described as Part of the NW4NW4; Part S2NW4; N2SW4; NW4SE4 of Section 31,T6N, R66W of the 6th P.M.,Weld County,Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 3, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held on May 18, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101" Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at http://ww .co.weld co.us/DepartmentslPlan ningZoninq/PlanningDepartment/i ndex_html If you have any questions concerning this matter, please call. Respectfully. ' n Reason: smthbythor oeRandom -� 1-(/\YJ✓' _ Reason: signed by rof this document ent Location:1555 N 17th Ave Date:2011O4.07 08:38:47-06'00' Kim Ogle Planner 1 PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE bTHE LAST DAY TO POST THE SIGN IS APRIL 22, 2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE. HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A PRIVATE COMMERCIAL RECREATIONAL FACILITY(WATER SKIING LAKE AND PRIMITIVE CAMPSITE FOR WATER SKIING MEMBERS)ALONG WITH COMMERCIAL HUNTING (HUNTING ON A FEE BASIS) IN THE A (AGRICULTURAL) ZONE DISTRICT. [ED ORR AND ORLANDO LTD., CIO JIM ROTH] KIM OGLE Name of Person Posting Sign Signa e of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD } The foregoing instrument was subscribed and s -fo is , / day of r , 2011 9 9 WITNESS my hand and official seal. I U Notary Public 9>: • OF.CO My Commission Expires: V , i A' , , • , ^ - 1-- -\— \ \ ,, •Illy - IQ • it � I •-Yy 4 li rr_ _ ._. _y' TT? 1t � �� V� �— cn • i .y l ,. _ ej 4: al INN. W �+ - o a1 QZ � O fr . - 44. 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' . ik , air 4. . 5/13/2011 • INENNisrakm...4 L. - -• ! ` _ ri AL - . 1 .. a-- 1 an'ariallall . - . •_ \ 1 a r • s I r 1 \ , ( I . :, 1. t'. ff r i • s / , i 7 1 7 1 , . _ IA . i• ir I i,R i_ • I View to North from 95th Avenue • - . .1 - ..� +Ill . - . 0 Mtg. — ;+4t..- RR` a - ' - __ __ • View to Northeast from 95t" Avenue :. • 1 5/13/2011 • r I- I•4 ,;, pOISDRE .w TR AIL ,•• . . i. . era+ - , .. . Pile ii -- t h i l s ` - - S •'•I. . R •, t:( ` r - ' _ '1 • ,L j . ,1 '1 r 'T_ , ;#. ' ._ 1" . .; . •- ii.'",”":". II%:- I g_cyr.frr :as,_artH_ ..„,.....:„.,,......,:::::::::....: .,7:7 ,.. ,,.; . . ,, . , e ::, ..4:::"a T;.:14C...".7.::: . -..iti-::::',' iii,......:,�.,L Iii / `� c � {/+� t,,#:;:_..1...:,,„:..,litc . .1 '•,;:?- ; ti ��.if,,,. �' , t • ' 1� } , , 7...C.L..../A ,` X11:Ity1 .•.� 01.irSD, ,� ,• .1 r ''5 �.•u'.\� kTier• �! �� r4,t" •r '1+t1. r`Z}�!:+� r , . Ai • . ilisiiiimmisissib'-‘ • a 1' • r' +Wfi .. '6, +' fry - - - •' fir- - • rr Viea1 from County Road 25 to Northeast 0 2 5/13/2011 • 1-- c-• Rte,. , \ • t ' - . e. 1. Amm 'fir i 3 - w- 4 :.^, , • 401 • : • 1St 1 � . . 1 • 4- , -W - ` • `• 'V 'sue N • .j . I 4. Qom ' f-' ► _ - - •tii' +•r .'- �1 • , -`J s.,:71- _ w'y.r. - - + �-.- PIP Viewto Southeast from ounty Road 25. • f t 1der c _ • ' , ♦. i w ! ?� - om ' t . •:Four of Thirteen Trailers on premises n . , i IIIII 3 5/13/2011 • 1pipi- f 'ate w t i , . .t .k'K.J. =I r - i - 1 ` r —___lr .rte+ �. - . . 1 i.�1. . - i -. y I. Sl - AN a. L. �•• i•f :, . 1,0• .,4'. dal, . N.,L1 ° r y -1. .'r -. • . .. Access into site from County Road 62.25 • ltllalltlllo : : .. .,Y - - :, w .„ i.„ v" _"nt.. I. --t '. " , ,.�_ .��. rsr.r.�. _ -- _ . . �.1 - ~ � rte. -` a _ _. .._. - - _-- 4-$rlrs+-..y"`'.. .•' _ _ w - • n' - i • + r\y..}i.i► rS_ - •y • . Internal access north of gated entry �` • 4 5/13/2011 S 1 .. f • r7 iitt e ., • • u\ 4L • V� Y yl ti 4Qr 1r~ A + .. .( 2....A.• . rte ' • r .. .S . . F 4N �•=: " '• . --View from access`5bin co i g Y!e-stir to site • . .. 4 ;:7'7 I1. •AI° _ q ; ��, . o i • � �. � ••s. • _ • - - I I • y VN4, . Ca vi i • gel ' / Syr • • 1. . - - - `ter ter . . . S. : I Site set-up 0 5 5/13/2011 • e. r vE 1 . _ r-n - 4 Y ` - a , _ • - a - 1 )1,1. is 1 �i. ( • /. . , ,is r, • ' a. At , 'h+ • 1 : {/e: I ' • r . w +3! • ' r f - -.` . _ ` . V • r 7 t 1 • - i a1J`� pl I 1 Yt . If I `� A q � 1 s 1 ,: Hipiti, ��Airdd _ _ _ _ _ ._ __ _ _ __ _ __ __ _ __ _ _. _ _ _ .•._ 6 5/13/2011 a J.� - w t ! • ••-- +W:• �,� - • • • �. f. .Y-• v . - S. " ' 1 } a al O i. a r„4• ' - -•••- el -.4a Ime-44.4 View from Northlo South across Easternmost Lake • . . Atli ` 3 • •• 440.4 • .s • View to-Southwest 'across Lake ` - .� . .- _ 7 5/13/2011 • •. mutt •�.�- . •err,... ,,, .6` a• _ _—. p, i • • posi a ._. ..r, t- R a • . • • • • • •, • a. • Water — Ski Course - r - I f s a • • ' saiiinsunt 4 , • a — • • • • gm • • 'View to South • 8 5/13/2011 • • IJ\ ' t, l• . - 'r clii, 4 A . _ ,D tip? .. ya,sit ..., Atop , • • • - • _. a r f t ��• -ice,_}�� .� 3. rP ' Jl• , 'y - - �. , . j, ' . ,Y ,1 .b. 1:\ I.s r . �e . - ,ie`) di -t-- , 1 I • 413 ! ' •r I r r' - North Shore"`/ Eastgomost Lake _ ti Oka. S AMPa flu__ • 40,e. •- ' a) may.; — _ - h = y ti t' s -. w,_ . 1 � f - _ _— Oyu ' - 'kzii_ F - 2, L.' : ..• F. . 3- Y�4 I r ez _ - ,j jy y - — • s ;7 } - . ` North shdre, lake to- left, R• �r :jc�,right • a J 5/13/2011 0 • . r is 111-1-',10 -‘r ,a ... ! a'a s 00 . ... O _ , fir . sl • • .� � • mei -- .- - y - • -cs '" *- .nom ...y • .�4 • } 4y, s.+.y� I. rasa - . -- --- :-,1,.........^....� ►.,9n • ----Or .... - M YI .. �!� _ -L -.t1• ^*- k.-- , _a- yM •- mss.. • View to West near Northshore is4a - - • i AI • 4 . •% » a • .:.,, •� � s, - - ,. .. �" 1_4 -t- �" - • A. • _ / • ^ _ ift, K - • Site looking West • 10 5/13/2011 • • • _Ai in1/4.‘ - T'-.g yamP. : le � �! e. le ..s- ar /cc.I' - are.- a ) ` !�• • ♦ :� w-i --4s• •• s. — -.- v • • t • • ► • � �• may •. . .� • illikcH , ,..,1 I •-•r , ' . - •----".. •. \ . I . ' N . - Bark erosion barrier — Easternmost Lake • .•, _ • IV y • ,f ! ". , i cif s,'.' n: . +' - . .4• 4 • • • c t,♦ ' J.�, l - -. • -. • • `fi� - — • ,"•' '.ice 'y e - t •_:an ero iorrbarrier Eas rnmos • 11 5/13/2011. • 4' ' Y_ .14 F 1 _ . '}i ix TI Poudre Trail looking East- . • , li j4, ! R ' w411 A 'a4,.... . I r.s .. .v 1• r '�� y� •:11f i I, ,.,>.. ,..... i lal - 1101 y • 1 'i� { ` .4.4 fit at. • 1 id ,."f4r ' r I I , I 1 { r • i ,. 7•.. I; �{1Pl r • t •'%`• ,1"" % � " s dre Trail looking East l� i i ♦ ^ y • 12 5/13/2011 0 Ak. i 1 k 1 - e 4. 4 f r is Residence adjacent to County Road 62.25, View from North • • S 13 FIELD CHECK Inspection Date: April 22, 2011 • Case Number: USR-1778 Hearing Date: May 3, 2011 Applicant: Ed Orr and Orlando Ltd., c/o Jim Roth, Eagle Lakes Water Ski Club and Western Waterfowl Outfitters -22150 County Road 41, LaSalle, CO 80645 Request: A Site Specific Development Plan and Use by Special Review Permit for a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A (Agricultural) Zone District. Legal Description: Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 of Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: North of& adjacent to County Road 62.25, East of&adjacent to County Road 25 Size of Parcel: +/-249.11 acres Zoning Land Use N Agriculture N Poudre River and mineral Resource Development Facilities, Hall Irwin AmUSR-1125 and Lafarge- Parsons' USR 1657 E City of Greeley E Poudre Learning Center S Agriculture S Poudre Trail, Residence with agricultural outbuildings and pasture lands W City of Greeley/Agriculture W Poudre Trail and pasture lands Comments: Property has three lakes that are utilized as water storage for the Central Colorado Water Conservancy District, known as the Siebring Ponds. The lakes are sited south of the Cache La Poudre River and south of a stand of deciduous trees. The property is fenced with electric wire and cattle graze on the property. At the time of inspection there are 13 fifth wheel trailers and one boat in an area that appears to be a leasehold area for the proposed Eagle Lakes Water Ski Club. Four port-a-lets and a trash dumpster with lid are also on site. The access from "F" Street, CR 62.25 is gated and locked. There was not a knox box present. Two residences are across CR 62.25 and numerous oil and gas encumbrances exist on site and on adjacent properties. County road 62.25 is in County and is an all weather road west of the Poudre Learning Center trail access drive. There is a violation on site with the recreational component operating without the appropriate permits and Board of County Commissioner Resolution for approval. Signature • ❑ Outbuilding(s)—Red"Barn" ❑ Oil&Gas Structures o Access to Property o Site Distance o Other Animals On-Site-Cattle ❑ Wildlife—Breeding Eagle nest, raptors, fox,et cetera ❑ Water Bodies--Siebring Reservoir and Cache la Poudre River ❑ Jones Ditch 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631-� PHONE: (970) 353-6100, Ext. 3540 i . FAX: (970) 304-6498 WEL 11 'COUNTY Lai March 9, 2011 Ed Orr do Jim Roth 22150CR41 LaSalle CO 80645 Subject: USR-1778 - Request for 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 on a parcel of land described as Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado. • Dear Applicants: • Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley and Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9741 and Windsor at 970-674-2400 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley and Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully. I n Digitally signed by Kristine Ranslem -�G,.yw.'('`I}J�/'I--` Reason:l am the author of this document Location:1555 N 17th Ave Date:2011.03.0911:38:58-07'00' Kim Ogle Planner • Kristine Ranslem om: Kristine Ranslem nt: Wednesday, March 09, 2011 11:55 AM 'Bill Hall' Subject: USR-1778 Field Inspection Attachments: PC FIELD CHECK.docx; image003.png We have just received a case (USR-1780) in which we ask that you review the material and send the attached field inspection form to us by April 8, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlanninqZoninq/PlanninqDepartment/index.html#1778 If you have any questions, please don't hesitate to contact me at the number below. Thank you! ICnst ce Rcu&slew,. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 itor 73 .1 ,:3I i WEN`@..%COUNTY u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • FIELD CHECK 1 )f CASE NUMBER: USR-1778 DATE OF INSPECTION: 3- /1, �D// APPLICANT'S NAME: 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 NW4NW4; Part S2NW4; N2SW4; NW4SE4 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. LAND USE: 44 _ E w 45 • ZONING: N A (Agricultural) E A(Agricultural) S A (Agricultural) W A (Agricultural)COMMENTS: P.C. ember 381-(55; e . • 1 8 6 I - 2 0 I I DEPARTMENT OF PLANNING SERVICES Greeley Planning Office - 1555 North 17` Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us W E L D___C O U N T Y PHONE (970) 353-6100, FA 00, 35 EXT. 3549 9 February 14, 2011 Jim Roth Eagle Lakes Water Ski Club • 22150 County Road 41 LaSalle, Colorado 80645 Subject: Completeness Review of Land Use Application Special Use Permit for private recreational facility, Ski Lake and campsites, and a Commercial Hunting Facility Dear Mr. Roth: The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documents submitted for review post pre-application meeting held in the offices of the Department of Planning Services on August 12, 2010. Weld county government provided 7-Day completeness review comments on December 8, 2010 indicating that the application was substantially incomplete and have required a second submittal of the application for review prior to setting the case. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the submitted documents and the supplemental materials and has the following comments. In future submittals, please collate the application materials such that the Procedural Guide checklist is parallel to the materials submitted. • Application: , Please have Ed Orr and the representative for Orlando Limited sign the application or provide a signed letter designating Jim Roth as the property owner's representative for this land use application. In response to the questionnaire, please provide additional detail as noted: 1. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). Please indicate the County — City relationship. Also discuss the physical land uses in each direction and the natural features on and adjacent to the property. dl-c}- 12,Zv. Lever"- 2. Describe, in detail, the following: a. Number of people who will use this site. The applicant indicates that the request is for 50 campground sites for members and an unknown number of guests. The current lease is for 25 members. Please indicate the upstand limit to the number of persons allowed on site at any given time and also the number of persons allowed under each membership. '25I-It's tfpc f ;4,- s 1 --14) *();* The 24x36 inch scaled Site Map was included in the application materials, however, the presentation of the information was difficult to interpret and understand. Should you desire to • have this office prepare a map for your proposal, please notify us in writing. There is a nominal fee for the preparation of the document. The Department of Planning Services requests a diagram delineating a "Typical" layout of the "primitive campsite as referenced in the application materials." Components would including parking spaces, Self contained Recreational Vehicle, Self contained Fifth Wheel mobile home, or Tent site. All portable components, i.e., boat docks, picnic tables, decks, et cetera; also, how does the signage work on the property in case of an emergency condition. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities, including boat docks. The Department of Environmental Health has comments which are included herein and should be considered a part of the findings for the submitted application. Lauren Light with Environmental Health states "Plat map is hard to read and did not indicate the specific configuration of each camp area on the three lakes. O.K. to submit but we would like a better plat map." Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all- • ' inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Site Plan Review: The 24" x 36" scale site plan was not included in the application material and is required be delineated in the 50 camp sites, the parking areas for a minimum of 100 vehicles with trailers, the access road, and the storage areas including the camp site location by number. Define area associated with each camp spot. Show internal road system and boat ramp areas. Traffic Study: The site is projected to have 25 members plus their family or visitors. A traffic study is not required. An access permit is required due to the change of use of the site access off of WCR 62.5. An Access Permit may be obtained through the Public Works Department, http://www.co.weld.co.us/Departments/PublicWorks/Permits/Applications.html. nefuw twtozos,. Preliminary Drainage: A preliminary drainage report is not required. Special Flood Hazard Area: The parcel is partly located within the 100-year flood plain and floodway of the Poudre River. The 2003 Army Corps of Engineers floodplain and floodway need to be included on the 24" x 36" site plan. Currently, all camp sites are shown outside of the 100-year floodplain. Comments to be made on the USR review will focus on how to keep the camping sites out of the 100-year floodplain in order to ensure that the public's health and • safety is maintained. (See the attached article about people killed in a campground located in a floodplain.) Geotechnical Soil Report: A geotechnical report is not required. This concludes the review of the submitted materials. When you as representative for Mr. Orr have determined the application questions are complete, please submit the requested documents and the application fee made payable to the Department of Planning Services. Should you have any questions, please contact me at the office, 353-6100 extension 3549.. I look forward to working with you on your proposed land use application. Sincerely, Kim` le Planning Services ec: PA10-064 Planning Correspondence D. Carroll, PW C. Kimmi, PW K.Swanson, Building L. Light, EH • Kim Ogle om: Lauren Light t: Monday, February 07, 2011 2:06 PM Kim Ogle Subject: jim roth 7 day completeness review Attachments: image001.jpg Plat map is hard to read and did not indicate the specific configuration of each camp area on the three lakes. O.K. to submit but we would like a better plat map. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilightco.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 1861 - 2011 WEL O NTY nfidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 • Second 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA10-064 Applicant. Jim Roth Case#: Pending USR - Request: A Site Specific Development Plan and a Special Review permit for a private commercial recreational facility (water skiing lake and campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the Agricultural Zone District Legal Description. Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31, T6N, R66W of the 6th P M Weld County, Colorado Location: North of and adjacent to County Road 62.25, approximately 0.25 miles West of County Road 27 Size of Parcel: 249 +1-acres Parcel Number: 0805-31-0-00-063 RETAIN PACKET AS ENTIRE APPLICATION a Public Works ❑ Health Building o Planning Narrative: Applicant is submitting supplemental information. This is the Second 7-Day Completeness Review for this proposal. The Site Plan has been amended to reflect a new orientation and • alignment of the proposed "primitive camping sites". The number of sites is limited to(50) fifty and the membership level is currently at 18. Comments: f r t 6a leV r�-d- ,ro th• n 1 1/\ rA•—1 l2l iw.'ir Ur-t re-- e"-e-cl! Date: February 4, 2011 Comments Due No Later than February 11, 2011 Questions, call, thanks Kim, x 3549 • • 7-Day Completeness Review Applicant: Jim Roth, Applicant; Ed Orr-- Orlando Ltd., Property Owner Case#: EJSR-PENDING Request: A Site Specific Development Plan and a Special Review Permit for a private commercial recreational facility (water skiing lake and campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A(Agricultural) Zone District Legal Description: Part NW4 NW4; Part S2 NW4; N2 SW4; NW4 SE4 and Part SW4 NE4 of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 62.25, 0.25 miles West of CR 27 Size of Parcel: 249 +/-acres Parcel Number: 0805-31-0-00-063 RETAIN PACKET AS ENTIRE APPLICATION ; o Public Works ❑ Health Building ❑ Planning i Comments: Property was previously known as the Herbst Pit • bat eo;" 0 G. 1 t L abi r r b,,,1 �� eee- 4•) Date: November 30, 2010 Comments Due No Later than December 10, 2010 Questions, call, thanks Kim, x 3549 • AvelLe , DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17` Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us ipc. E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 COLORADO FAX (970) 304-6498 December 13, 2010 Jim Roth Eagle Lakes Water Ski Club 22150 County Road 41 LaSalle, Colorado 80645 Subject: Completeness Review of Land Use Application Special Use Permit for private recreational facility, ski lake and campsites, and a commercial hunting facility Dear Mr. Roth: • Department of Environmental Health has completed their review of the documents submitted for review post pre- lication meeting held in the offices of the Department of Planning Services on August 12, 2010. The Department of Environmental Health has comments which are included herein and should be considered a part of the December 8, 2010 letter of findings for the submitted application. Lauren Light with Environmental Health states "The application is incomplete:" 1. A plat map was not included 2. Number and location of portable toilets was not indicated 3. Locations of camping spots not provided 4. Waste handling plan not provided for trash items 5. Dust handling plan was not provided for access roads 6. Portable toilets are acceptable for 6 months or less. As this request appears to exceed that time frame please include a request for a waiver. As indicated in the initial review of December 8, 2010, the application submitted is deemed incomplete. Please review the comments contained herein and resubmit the requested documents and information. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, of Kingle Planning Services *Al 0-064 • Kit DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17tn Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO December 8, 2010 Jim Roth Eagle Lakes Water Ski Club 22150 County Road 41 LaSalle, Colorado 80645 Subject: Completeness Review of Land Use Application • Special Use Permit for private recreational facility, ski lake and campsites, and a commercial hunting facility Dear Mr. Roth: The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documents submitted for review post pre-application meeting held in the offices of the Department of Planning Services on August 12, 2010. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the submitted documents and the supplemental materials and has the following comments. In future submittals, please collate the application materials such that the Procedural Guide checklist is parallel to the materials submitted. Application: Please have Ed Orr and the representative for Orlando Limited sign the application or provide a signed letter designating Jim Roth as the property owner's representative for this land use application. In response to the questionnaire, please provide additional detail as noted: 1. Explain, in detail, the proposed use of the property. The application materials indicate that the use of the land is for a ski lake with primitive campsites. The narrative indicates there is a commercial hunting component. Please clarify. • 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. Section 22-2-20.C.A.Goal 7. States"County land use regulations should protect the • individual property owner's right to request a land use change." Further, A.Policy 7.2. states"Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." Also, Section 22-2-20.1 A.Goal 9 states"Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses, including implementing A.Policy 9.1 that states Employ consistency and fairness in the application of the principles of this Comprehensive Plan to help reduce conflicts between the residents, the County, the municipalities and the varying land uses; A.Policy 9.4 that states Consider conservation of natural site features such as topography, vegetation and water courses, in conjunction with the conversion of land uses; and A.Policy 9.7 that states Protect privately owned open space. Privately owned agricultural lands provide relatively open landscapes. Unlike urban open space areas, public access to these lands is not allowed. These lands are not guaranteed to remain traditional agricultural lands, but can be converted by the individual land owner to other uses through the appropriate land use processes." 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. Section 23-3-40.C Recreational facilities and uses including: Section 23-3-40.C.7 Public, commercial or private tent or recreational vehicle camping areas; Section 23-3-40.C.8 Recreational Facilities such as water skiing lakes, dirt bike race courses, and hunting venues on a fee or contract basis,for example, that are used as public or private commercial Recreational Facilities. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). Please indicate the County— City relationship. Also discuss the physical land uses in each direction and the natural features on and adjacent to the property. 5. Describe, in detail, the following: • a. Number of people who will use this site. The applicant indicates that the request is for 50 campground sites for members and an unknown number of guests. The current lease is for 25 members. Please indicate the upstand limit to the number of persons allowed on site at any given time and also the number of persons allowed under each membership. b. Number of employees proposed to be employed at this site. Application materials indicate no employees, yet, the Ski Club rules speak of a "Manager". Please clarify. c. Hours of operation. The materials indicate April 1 through Labor Day of any given year for campsites and ski lake use. There is no mention of the commercial hunting component. Please clarify. d. Type and number of structures to be erected (built) on this site. Application materials indicate no structures, yet ski rules speak to structures, including storage structures. The is no discussion on boat ramps, docks and similar structures associated with the use of the lake, lake edge and similar site improvements. e. Type and number of animals, if any, to be on this site. Unknown ownership of cattle grazing on site and domestic pets only, allowed by ski club rules. f. Kind of vehicles (type, size, weight) that will access this site and how often. Please identify service providers, e.g., sanitation, refuse haulers, others, as applicable. g. Who will provide fire protection to the site. Union Colony Fire Protection District. • -2- h. Water source on the property (both domestic and irrigation) Bottled water only. • I. Sewage disposal system on the property (existing and proposed). Please clarify number and location of each, both in narrative and on Site Map. j. If storage or warehousing is proposed, what type of items will be stored. Ski rules #10 and #11 identify structures are permitted. Please clarify size, type, anchoring, foundation, accessibility related components of such. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. No new landscaping is proposed. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Reclamation of property will include, reseeding, grading of lake edge, removal of all structures and notification to all service providers, State and Federal agencies as required. 8. Explain how the storm water drainage will be handled on the site. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. 10. Explain where storage and/or stockpile of wastes will occur on this site. Application materials indicate one trash receptacle on site, near entrance road to property. Please describe this feature, as in, is it covered, screened from adjacent property and public rights-of-way, on a concrete pad, on wheels, and sized appropriately for the proposed facility. •The 24x36 inch scaled Site Map was not included in the application materials, and is required to delineate the 50 campsites, the parking area(s) for a minimum of 100 vehicles with trailers, the access roads and the storage areas. Include campsite location by number, defined area and associated amenity for each. Are camp sites for fifth wheel trailers only, or for pop-up tents, on ground tents? Additional discussion accompanied by a legible line drawing of the proposed facility is required. At a minimum the mapping requirements are outlined in the procedural guide. Also, include a discussion and delineate the location of the buildings as addressed in Rule 10 and 11 of the Ski Club rules. Evidence of water may be address in the questionnaire component, with the same evidence of sanitary sewer. One copy of the Deed for the property was included. The original Certificate of Conveyances form with original signature was not part of the application materials and is required. The surrounding property owners list generated through the County webpage was not signed for this review. The document requires updating as this item is required to be current 30-days and have an original signature and date. Staff also requests evidence of a waste handling plan and a dust suppression plan. The specific of these two plans may be discussed with the Environmental Health department. Given the location of the proposed facility, it is strongly suggested that a Flood Hazard Development Permit application be submitted to the Department of Public works for review and action. It is important to state at this juncture that the Colorado Water Conservation Board recently adopted new floodplain Alk•regulations that will likely cause the floodway along the Poudre River to become wider, thereby -3- potentially providing additional limitations on the property. A Colorado licensed professional engineer will be able to provide this assessment and evaluation. •The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. The Department of Environmental Health has no comments at this time. Comments may be forthcoming, and upon receipt of this office will be forwarded to your attention. The Department of Public Works in their referral dated November 2, 2010 has the following comments. Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Summary: The application is not complete. Site Plan Review: A site plan was not submitted to Public Works for review. The site plan at a minimum should identify where each numbered campsite is located and should identify the off-season storage area. Traffic Study: The site is projected to have 25 members plus visitors. A traffic study is not required. A change of use access is required for the site access which is off of WCR 62.5. An access permit can be obtained from http://www.co.weld.co.us/Departments/PublicWorks/Permits/Applications.html. •Preliminary Drainage: A preliminary drainage report is not required. Special Flood Hazard Area: The parcel is partially located within the 100-year floodplain and floodway of the Poudre River. A flood hazard development permit application packet that has been signed, stamped, and dated by a registered professional engineer licensed in the State of Colorado has not been submitted. The applicant should be aware that the Colorado Water Conservation Board recently adopted new floodplain regulations that will likely cause the floodway along the Poudre River to become wider. The FHDP application should reflect the location of the 0.5 ft floodway on the site. According to the application, overnight camping and water sports will be allowed on the site between April 1 and Labor Day of every year. If it this water ski club operates like many others in the area, members will be allowed to leave their camp trailers unattended on site through the season. Camp trailers that are located within the floodplain and/or floodway pose a hazard to public safety because they are not proposed to be anchored and are a floatation hazard that can get caught up in downstream bridges. The Weld County Attorney has recommended that because of the hazard posed by the camp trailers that no camping be allowed to take place in the 100-year mapped floodplain or floodway. If camping is to be allowed on the site, all campsites have to be placed outside of the 100-year mapped floodplain and floodway on the south side of all of the gravel pits. Rule 10 of the water ski rules allows members to utilize storage sheds and shelters to be constructed. These items also pose a flotation hazard and cannot be permitted within the 100-year floodplain and/or floodway. Rule 11 of the water ski rules allows members to store boats, campers, and other property at a designated •off-season storage area to be located on the site. A map showing the storage area has not been provided -4- but the storage area cannot be located within the 100-year floodplain and/or floodway. •As indicated in the initial review of December 8, 2010, the application submitted is deemed incomplete. Please review the comments contained herein and resubmit the requested documents and information. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. (Sincerely, Kim gle Planfting Services ec: PA10-064 Planning Correspondence D.Carroll, PW C.Kimmi,PW K.Swanson, Building L.Light, EH • • -5- Kim Ogle o Lauren Light nt: Friday, December 10, 2010 3:48 PM o: Kim Ogle Subject: 7 day review for jim roth, ed orr is property owner- herbst pit The application is incomplete: 1. A plat map was not included 2. Number and location of portable toilets was not indicated 3. Locations of camping spots not provided 4. Waste handling plan not provided for trash items 5. Dust handling plan was not provided for access roads 6. Portable toilets are acceptable for 6 months or less. As this request appears to exceed that time frame please include a request for a waiver. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilightco.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) • • 1 Kim Ogle From: Clayton D. Kimmi S,t: Wednesday, December 15, 2010 11:47 AM Kim Ogle; David Bauer Cc: Clayton D. Kimmi Subject: Roth Ski Lake on WCR 62.25 Kim, Jim Roth came to visit me today regarding the comments that we had made on his ski lake that is located on WCR 62.25 and east of WCR 25. He does not believe that he should have to stay out of the floodplain with his campsites. He kept saying that the site had never flooded and it would not flood because of the berms that Hall Irwin built when they mined the property. I outlined the reasons why having campsites in the floodplain was not a good idea. I tried to explain to him that having people sleeping in a camp trailer in a floodplain represented a high risk of drowning and the unanchored trailers represented a floatation hazard that could cause a blockage and cause additional flooding to occur on adjacent properties. I tried to help him by showing him locations on the property that would be acceptable because they are out of the floodplain. I tried to convey to him that the campsites outside of the floodplain would not require a FHDP. He asked what the requirements were for a flood hazard development permit were. I gave him a copy of the FHDP application and told him that an engineer would need to provide mapping and information on the location of the floodway. I asked him about the storage facility, storage buildings, and permanent structures that are specified in the rules of membership as allowed things on the property. He told me that those items were listed in error and would not be on site. •so reiterated to him what Bruce's stance on the issue is. Guess we will see what he decides to do. Clay Kimmi, P.E., CFM Drainage & Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 • 1 Weld County Planning Department GREELEY OFFICE emiti • MEMORANDUM RECHVED TO: Kim Ogle, Planning Services DATE: December 2, 2010 IC. FROM: Clay Kimmi, P.E., CFM COLORADO SUBJECT: 7-Day Completeness Review: Jim Roth Ski Lake Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Summary: The application is not complete. Site Plan Review: A site plan was not submitted to Public Works for review. The site plan at a minimum should identify where each numbered campsite is located and should identify the off-season storage area. Traffic Study: The site is projected to have 25 members plus visitors. A traffic study is not required. A change of use access is required for the site access which is off of WCR 62.5. An access permit can be obtained from http://www.co.weld.co.us/Departments/PublicWorks/Permits/Applications.html. • Preliminary Drainage: A preliminary drainage report is not required. Special Flood Hazard Area: The parcel is partially located within the 100-year floodplain and floodway of the Poudre River. A flood hazard development permit application packet that has been signed, stamped, and dated by a registered professional engineer licensed in the State of Colorado has not been submitted. The applicant should be aware that the Colorado Water Conservation Board recently adopted new floodplain regulations that will likely cause the floodway along the Poudre River to become wider. The FHDP application should reflect the location of the 0.5 ft floodway on the site. According to the application, overnight camping and water sports will be allowed on the site between April 1 and Labor Day of every year. If it this water ski club operates like many others in the area, members will be allowed to leave their camp trailers unattended on site through the season. Camp trailers that are located within the floodplain and/or floodway pose a hazard to public safety because they are not proposed to be anchored and are a floatation hazard that can get caught up in downstream bridges. The Weld County Attorney has recommended that because of the hazard posed by the camp trailers that no camping be allowed to take place in the 100-year mapped floodplain or floodway. If camping is to be allowed on the site, all campsites have to be placed outside of the 100-year mapped floodplain and floodway on the south side of all of the gravel pits. Rule 10 of the water ski rules allows members to utilize storage sheds and shelters to be constructed. These items also pose a flotation hazard and cannot be permitted within the 100-year floodplain and/or floodway. Rule 11 of the water ski rules allows members to store boats, campers, and other property at a designated off-season storage area to be located on the site. A map showing the storage area has not been provided but the storage area cannot be located within the 100-year floodplain and/or floodway. • pc: 7-Day Completeness, Jim Roth Nate Ski Lake Page 1 of 1 M\PLANNING—DEVELOPMENT REVIEWV-DayCompletenessReviewsl2010Uim Roth Water Ski Lake.docx treCur It t• 4 IN IF 1 % .. •....... ,, • . - l$ I , . ... .. _ .. . . , , . . . . . .. __, _ , . , ..,,,,, .. i. . , , . .... .._. . , , . . i ,._____ _____ f .,� . xi -�, : , 4 , 4 . . .4.- . _ 11 Ili ir .. ._ At. al , s `"'. • } Ille\112$11 a illis el"i.... il L� }, ! aik ' �ws V 2�ti ' ` ��- '` J e ,f ...,p, k ' 4 _t = 1! hrll lea 1111• ,...,:. . ...4., . :i. Is t .i ---ali 4 -MI,, , : I II. •,may 11• r liis 'U • \ i r tea 4.....ft s.-4IL • •• I, . .tir iiir I - • .1. • l'il 40 * sr I + 1.' ...vaa. .••P 4 , 44 . . l • li,. 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( i sii •i; •♦ - • t. • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office I 1555 North 17t Avenue WI Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us De PHONE (970) 3FAX (9O0) 304-6498 COLORADO November 19, 2010 Jim Roth 2517 First Avenue Greeley, Colorado 80631 Subject: Application materials for pending USR submittal Dear Jim: • Thank you for meeting with staff to discuss the pending land use application for a private recreational facility located in part of Section 31, T6N, R66W of the 6'" P.M., having a site address of 12351 CR 62.5, Greeley. As you have previously indicated, you manage a recreational facility on lands owned by Ed Orr and Orlando Ltd.,with others. The applicant operates the facility from April 1 to September 7 for water skiing. After September 7 of any given year, it is open for hunting season. Currently,there are 20 members for the site; however for the purposes of the pending application, the property owner seeks a cap of 50 members plus an undefined number of private guests. Staff performed a cursory review of the materials for completeness, with the formal review of the application to be undertaken at time of submittal. One item that was discussed concerned the Certificate of Conveyances providing a history of the property and potentially how the parcel was created, e.g., prior to zoning or through a subdivision process. It is the collective recollections of staff that you indicated the Certificate of Conveyance was not a required component of the previous land use application for the County, permitted as USR-1727 for a hunting and skiing facility near Barnesville. Staff performed a review of the record and determined that a Certificate of conveyance was part of the application and was prepared by Joel Ford of Security Title. This application will be managed in a similar manner to that of USR-1727, with all documents, unless previously waived by staff to be submitted for processing. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. incerely, • Kim g Planning Services Property Research PA10-064 MEMORANDUM VC TO: DATE: PA10-064; ase File, pre-application July 23, 2010 COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR Attendees: Jim Roth, Applicant Clay Kimmi, Public Works Kim Ogle, Planning Tom Parko, Planning Kris Ranslem, Planning On Friday, July 23, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding an existing recreational facility (water skiing and hunting). (The • legal description is Part NW4 NW4; Part S2 NW4; N2 SW4; NW4 SE4 and Part SW4 NE4 of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado; Situs Address is 12351 CR 62.5) Background Information: Mr. Roth currently manages a recreational facility on lands owned by Ed Orr and Orlando Ltd.,with others. The applicant operates the facility from April 1 to September 7 for water skiing. After September 7 it is open for hunting season. Currently, there are 20 members for the site; however for the purposes of the pending application, the property owners seeks a cap of 50 members plus their guests. Mr. Roth per the lease agreement will cap the membership at 25 members plust guests. Portable toilets and trash roll-offs are provided; and the campers are required to be self-contained. Public Works Staff provided a map outlining the floodway and floodplain areas on site. The floodway shows the location near to the river. The applicant indicated that there is no trailer parking areas, boat docks or ramps in the area as defined. Public Works noted that all structures, including trash roll-offs, port-a- lets, similar structures or encumbrances and campsites need to be located outside of the floodway. Staff suggested obtaining the 2003 Corp of Engineer Floodplain Study from the City of Greeley in assisting with the Flood Hazard Development Permit application and mapping requirements. The applicant may need a surveyor or engineer to perform the mapping requirements. A pre-application submittal will require that a Flood Hazard Development Permit be submitted and approved prior to formal submittal of the land use application. • From a transportation perspective,the applicant will be required to obtain a new access permit. For any questions, please contact Janet Carter at 970-304-6496 extension 3726. • Planning Department The applicant indicated that the entry gate is locked at all times and entrance into the facility is limited. The secondary access from CR 25 is locked and not used but the Leasee has the ability to utilize if so required and staff stated that access may need to be provided for emergency services off of CR 25. Staff strongly suggested laying the site out and numbering the campsite pads for quick response time if emergency responders are called to the site and also provide a map at the entrance for members and first responders. Staff also indicated that a Masterplan will be required for on-site circulation, parking, campsites and signage. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. • The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. • • July 22, 2010 Jim Roth 2517 1 '. Ave. Greeley, Co. 80631 960-336-1259 To Whom it May Concern, I am requesting to have water skiing and camping less than 6 months in duration per year. Campers will be self contained. Portable toilets and dumpsters are provided complying with the county code. The current lay of the • land will be the same. No improvements or building will be done. Everything is temporary and removed before the six month code is violated. The request is for 50 members and their guests. Currently there are only 20 members with a cap of 25. Very controlled hunting is currently done on the property with very low impact and use. The usage will be, almost if not totally the same as the Front Range Water Ski Club, 12.2 miles east of Lucerne on HWY 392. The UBSR was just completed this spring for the Front Range Water Ski Club with the same applicant, Jim Roth. Any questions please call Jim at the above number. Si e , • Jim Roth Identify Results Page I of2 WELD COUNTY ASSESSOR • PROPERTY PROFILE Account#: R0066991 Parcel#: 080531000063 Tax Area: 0429 Bordering County: Acres: 249.11 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 - 66 - 31 - 0 - - Owners Name &Address: Property Address: ORR ED (32%INT) & Street: 12351 62 CR 1813 61 AVE No. 200 City: WELD GREELEY, CO 80634 Additional Owners: OLANDO LTD (68%) Business/Complex: HERBST PIT Sales Summary Sale Date Sale Price Deed Type Reception # 9/21/2007 $1,854,600 WD 3506502 Legal Description 17970A NW4NW4 31 6 66 EXC PT LYING N OF LN DESC AS BEG NW COR OF SEC SO1D58'W 2311'THENCE N69D19'E 32.51'TO TRUE POB N69D19'E 215.43'THENCE N45D32'E 301.48'THENCE N32D30'E 186.53' N06D18'E 125.54'THENCE N29D21'W 265.50' N08D09'E 425.31'THENCE N68D1 • Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4167 Acres 228 Commercial 2125 Acres 21.11 Land Subtotal: 249.11 $53,834 $15,610 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 7 Commercial Improvements Subtotal: $14,264 $4,140 Total Property Value $68,098 $19,750 Building Details Account#: R0066991 Parcel#: 080531000063 Owners Name&Address: Property Address: ORR ED (32% INT) & Street: 12351 62 CR 1813 61 AVE No. 200 City: WELD • GREELEY, CO 80634 Building# Property Type http://maps2.merrick.com/Website/Weld/setSgl.asp?curd=QUFRY&DET=PP&pin=08053... 7/22/2010 Identify Results Page 2 of 2 7 Commercial • Individual Built As Detail Built As: Light Commercial Utility Year Built: 1999 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1080 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: • • http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08053... 7/22/2010 Print Form Submit by Email • WELD COUNTY • PRE-APPLICATION REVIEW REQUEST 1 • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date,and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessors page and submit it with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below,a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: **Si v i wt ,L��/l g20 — 336- /25, Fax: 7Q 3.9-6K5 4/0"1,4-94,0A Addnss: 2517-157 �t PrQ$c � U1 t Dsscriptior47a 51-#0 ar/ /4 061/44e 447)057k/co i% Property Information: S -ownehit 31 :65: ". 14)( CoMrtyA6 ?' ePara*Number vg 0 / 3Acreage 244." tilts Address$ ! lcM/y Z, 5 Water Source A U`� LegalOescrlptlor NWLiuv � 3I (, !(�o— 1 Sewer if rat Owner Name # :I D cite • Is this property currently in violation? Yes No Case Number �'v IV- U-CL) 9 peferrt .. •.: , . 6 oft Flit7es`1 Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services • 1555 N 17th Ave, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • Situs Address: 12351 CR 62. Legal Description: 17970A NW4NW4 31 6 66 EXC PT LYING N OF LN DESC AS BEG NW COR OF SEC S01O58'W 2311' THENCE N69D19'E 32.51'TO TRUE POB N69D19'E 215.43' THENCE N45D32'E 301.48' THENCE N32D30'E 186.53' N06D18'E 125.54' THENCE N29D21'W 265.50' N08D09'E 425.31'THENCE N68D19'E 477.17' N78D10'E 419.98' THENCE $61D06'E 308.55' TO PT ONE LN NW4NW4 THENCE S02D20'W 315.78' TO SE COR OF NW4NW4 N88D28'E 411.62' TO C/L OF CACHE LA POUDRE RIVER S20D28'E 55.52' S53D06'E 216' S88D44'E 159'THENCE N42D46'E 253' N86D12'E 275' S83D37'E 232' S43D58'E 128.68' THENCE S76D01'E 1396.26'TO PT ON E LN SW4NE4 & BEING 504'S FROM NE COR OF SW4NE4 (5R4D44.53L) 12351 62 CR WELD 00000 • 11 ,��i� I�1.E�1�RAf1DU�1 ��!/I. 6�eld Eoun[y Planning Fe6ruary 25� 1989 . T° De�e COLORADO v,om F,nvironmen[al Prorecelon Services _r�,�j,./j��,l,�'�.U.j�%' • Case Numbei: USR-875 Aell-Irain ConstrucClon Company Subject. (Hezbst PiC) Cnvironmental Protection Servlces has reviewed [his proposal and rec�mmends foz approval, subjec[ [o [he followirrg conAitivns: 1. All liquld and solid wastes, sha71 be srored and removed tor F1na1 disposal in a manner [hat pxotect� against aurfece and .grou�wa[er tontam₹nation. 2. Required Emissions Pxrmi[ is oCtained fron fhe Air Pollvtion Cocrtrnl Dlvi�ion, Colerado Department of Healtfi for Fuy,itive dust and odors. 3. No perr�anent disposal of wastes s}�all be permi[[ed at this sice. 4, The septic systeo ior the proposed office -is required tn be desiRned by a Coloradn Registered Professional Engineer according to the l�eld County Individual Sewage Disposal Regulations. �5. P.o ISDS Evulua[ion on ull exis[ing sep[ic sys[er�s will be necessary prior ro issuing [he required septic permiCa on the existing 6YSCP03. 6. All �ras[e ma[erials shall be handled, sCored, and disposed -in a - • manner that con[[o1s fugitive dus[, blowing de6r7s, and o[hec� potential nuisance condi[ions, 7. Fugitice dust must 6e zonfined on [h1s sSCe and a dust abatemeot nnd con[rol plan must be subml[[ed and approved 6y thls depaz[men[. B. Required NPDES Pernit shall be nb[ained from the Water QualYCy Con[ral DSvision of the Gblorado �epnrCmen[ of Nea][h, and/nr amendEd if appropriaee for the increased npe�ation. 9. ��ex.lmum permissi6le noise level shall no[ exceed thn industrial limit of 70 db(A), as neasured accerding ro 25-12-102, Colorado Revised S[atues. 10. The Divlsion reqidres [hat [his facilitp provide reserooms and;nr �•aulted [oilets. Por[ahle toile[s zre no[ acreptable under [he lteld County FegulaeSons. ��, g�,��,::��?,7, . D ti � �PS/dgc i�r.. .. _ ��l!� FFB 2� 1989 r�L- � (�3�i?' i��f.lU�U. YIS�.iinA4 ��IiflinbSii:u.. • — ,7 (D cn r0 Z>O • O is'__� ., ? 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Yr • • 4. • t. r • pF 1.41 r.. ` .fin• I if ' '• 1'1 ;,� - --J 1v •- y - lilleill • . .. ._ '�► _ 7 .- 4 44, i• y 1r,..,,,r. .. -•_F.. • ) 4 r r • -„ ..- ., ,"ivy'- - :. - �� - '^ • , � j it 14 .rte--+� s-- le 4 . • y + • ••/04 •• •• L,.. • `CY% a. +.` - U ,a • ,._.ter! • - �� _ . ..... _ t4 ♦'� Wilk APPLICATION FLOW SHEET • COLORADO APPLICANT:APPLICANT: Jim Roth—Eagle Lakes Water Ski Club CASE#: USR-1778 REQUEST: A Site Specific Development Plan and a 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 Agricultural Zone District LEGAL: Part NW4NW4; Part S2NW4; N2SW4; NW4SE4 Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County LOCATION: North of and adjacent to County Road 62.25; East of and adjacent to County Road 25 PARCEL ID#: 0805-31-0-00-063 ACRES: 249 +/- DATE BY Application Received 2-4-2011 Drop Application Complete 2-24-2011 Ogle PC Hearing Date: Action: PC Sign to be Posted By: Referrals Listed File Assembled VO/ll Referrals Mailed Chaindexed Letter to Applicant Mailed Date Public Notice Published in County Newspaper f�JJ Surrounding Property & Mineral Owners Notified �'�� 6/ �Z Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign Posted Overlay Districts Zoning Agricultural Airport Yes No_x_ Geologic Yes_ No_x_ Flood Hazard Yes x_ No Panel#080266 0000 C w Hello