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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT #1778 FOR A RECREATIONAL FACILITY
(WATER SKIING LAKE AND CAMPSITE FOR WATER SKIING MEMBERS, ALONG
WITH COMMERCIAL HUNTING ON A FEE BASIS) IN THE A (AGRICULTURAL)
ZONE DISTRICT- ED ORR, C/O JIM ROTH
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 18th day
of May, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Ed Orr, c/o Jim Roth, 22150 County Road 41,
LaSalle, Colorado, 80645, for a Site Specific Development Plan and Use by Special Review
Permit#1778 for a Recreational Facility (water skiing lake and campsite for water skiing
members, along with commercial hunting on a fee basis) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Part of the NW1/4 NW1/4; Part of the S1/2 NW1/4;
N1/2 SW1/4; NW1/4 SE1/4 of Section 31,
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue said matter to
July 6, 2011, to allow Ed Orr, c/o Jim Roth, adequate time to address the following conditions:
1) The applicants shall contact the Poudre River Learning Center to work on possible
compromises for co-existence; 2) The applicants shall contact the Central Colorado Water
Conservancy District (CCWCD) to come up with a compromise to make use of the lakes a
win-win situation; and 3) The applicant shall meet with the Colorado Division of Wildlife
regarding the radius from the eagle's nest, and
WHEREAS, at said hearing on July 6, 2011, the applicant was present, and
WHEREAS, new testimony from representatives of the Poudre River Learning Center,
Central Colorado Water Conservancy District (CCWCD), Colorado Division of Wildlife, and the
general public was allowed at the July 6, 2011, meeting, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be denied for the following
reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT# 1778 — ED ORR, CIO JIM ROTH
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a. Section 23-2-230.B.1 -- The proposed use is not consistent with
Chapter 22 and any other applicable Code provisions or ordinances in
effect.
1) Section 22-5-30.A.2 (W.Policy 1.2) states, "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."
2) Section 22-5-30.C (W.Goal 3) states, "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." The
application is not in compliance with the regulations imposed by
the Colorado Division of Wildlife, restricting human encroachment
on an active Bald Eagle nest (i.e. camping, motor boating/water
skiing, and the construction of a physical object including oil and
gas wells, and associated encumbrances) for a distance of
one-half (1/2) mile radius from October 15, through July 31, of any
given year based on state and federal guidelines.
b. Section 23-2-230.6.3 -- The uses which would be permitted are not
compatible with the existing surrounding land uses, specifically, the
Poudre River Trail, which is located to the south, adjacent to County
Road 62.25, and the Poudre River Learning Center, which is located
adjacent to the east.
c. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval, and Development Standards will not
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The use could potentially damage the shoreline/slurry wall, as well as
introduce Zebra Mussels into the water system and negatively impact
downstream users who rely on the site reservoirs for the storage,
augmentation, and replacement supply.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Ed Orr, c/o Jim Roth, for a Site Specific
Development Plan and Use by Special Review Permit #1778 for a Recreational Facility (water
skiing lake and campsite for water skiing members, along with commercial hunting on a fee
basis) in the A(Agricultural) Zone District, on the parcel of land described above be, and hereby
is, denied.
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SPECIAL REVIEW PERMIT# 1778 - ED ORR, CIO JIM ROTH
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �` r 1,/I �. • _I.l A�/� AYE
!, / ( )
rbara Kirkmeyer, Chair /
Weld County Clerk to the : •. "�"o �y
` r.4 o , YE
Sean P C n a , Pro-Tem
BY: �.[' L., limit .L. �Ii . .z ti
Deputy rk to the Bo. t`` �� AYE
Wil . Gar is
VED A---' M. ( NAY
David E. Long
County Attorney NAY
Cougl Radema her
Date of signature: - (3-//
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