HomeMy WebLinkAbout20100525.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1727 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 - THE NEW CACHE LA POUDRE
IRRIGATING COMPANY/JIM ROTH AND JIM ARNOLD
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 24th day
of March, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of The New Cache la Poudre Irrigating Company, 33040 Railroad
Avenue, P.O. Box 104, Lucerne, Colorado 80646, for a Site Specific Development Plan and Use
by Special Review Permit#1727 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, on the following described real estate, being more
particularly described as follows:
Part of Sections 4, 5, 8, 9, and 17, Township 6
North, Range 63 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Jim Roth, 22150 County
Road 41, LaSalle, Colorado 80645, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, 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 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.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) states, "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to
other land uses."
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SPECIAL REVIEW PERMIT #1727 - THE NEW CACHE LA POUDRE IRRIGATING
COMPANY/JIM ROTH AND JIM ARNOLD
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b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.N of the Weld County
Code allows for a Site Specific Development Plan and Use by 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. Currently, the property is in violation for the operation of a water
ski club without an approved and recorded Use by Special Review permit
(USR). Approval of the USR will address the violation, and the violation
case will be closed following recording of the plat.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. There is an existing
residence on the property, and the property boundaries are approximately
one-half mile from the nearest residences. No telephone calls or
correspondence were received from surrounding property owners in
regards to this proposal. The Department of Planning Services did
receive a referral from the West Greeley Soil Conservation District, which
indicated it has received feedback regarding the lake in question, such
as:
1) Access to lake for local residents,
2) Notification of the zoning change proposal to local residents
affected by the change,
3) Release of water from the lake into a stream creating a frozen
barrier,
4) Compounding saturation and flooding, and
5) Seepage of water into local farm lands.
It should be noted that the applicant has a lease from the New Cache la
Poudre Irrigating Company to use the lands for private recreation
activities (waterskiing and hunting) on a fee and/or membership basis.
The lakes (the Cornish Plains Reservoir and Recharge Facility) are in
private ownership and are not open to the public. Upon being notified of
the concerns, the Department of Planning Services sent notifications of
this land use application to two (2) additional property owners who were
within 500 feet of the boundary of the site, on January 11, 2010. All other
surrounding property owners within 500 feet of the site were sent
notifications on December 10, 2010.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with the 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
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Intergovernmental Agreement area or the three-mile referral area for any
municipality.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. 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 Program.
f. Section 23-2-230.6.6 -- 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 "Irrigated — Non
Prime" and "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. A significant portion of the site consists
of three (3) lakes.
g. Section 23-2-230.6.7 — There is adequate provision for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County
Code), Conditions of Approval, and Development Standards will ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of The New Cache la Poudre Irrigating Company,
for a Site Specific Development Plan and Use by Special Review Permit #1727 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, on
the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1727.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The location of all oil and gas facilities, in addition to their setbacks.
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2. Prior to recording the plat:
A. The applicant shall address the concerns of the West Greeley Soil
Conservation District (in regards to invasive aquatic species).
B. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services. The plan
shall include, at a minimum, the following:
1) A list of the wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
C. 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 may be
delineated on the plat, in accordance with State requirements, as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
3. Upon completion of Conditions of Approval #1 and #2 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 the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
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5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of March, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 7, 444 C� C2lvor-
i'.,�uv, ougl Radema er, Chair
Weld County Clerk to the •
XCUSED
arbara Kirkmeyer, Pro-Tem
Deputy Clerk the Board r-A
Sean P. Cpnye.
APP D AS RM:
Wil F. G cia
ounty Attorney
David E. Long
Date of signature: 1///fre
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE NEW CACHE LA POUDRE IRRIGATING COMPANY/
JIM ROTH AND JIM ARNOLD
USR-1727
1. A Site Specific Development Plan and Use by Special Review Permit #1727 is 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, and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Adequate drinking (bottled water), hand washing, and toilet facilities (portable toilets)
shall be provided for personnel using the facility.
8. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations.
9. RV units which have self-contained sewage disposal, shall dispose of sewage at an
approved off-site facility.
10. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. All potentially hazardous materials, such as fuel, must be stored and handled in a safe
manner, in accordance with product labeling.
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Note: 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
applicant is strongly encouraged to periodically test the water.
15. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
16. 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 Programs.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
19. A building permit shall be obtained prior to the Change of Use or construction of any new
structures.
20. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas Code; 2008 National Electrical Code; and
Chapter 29 of the Weld County Code.
21. All building plans shall be submitted to the Galeton Fire Protection District, for review
and approval, prior to issuance of Building Permits.
22. 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
construed as, traffic control devices.
23. Hours of operation for the water skiers shall be from sunrise to sunset, from April 1,
through September 7 (Labor Day), with fifty (50) members allowed at any one time with
their guests.
24. 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.
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25. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
26. The applicant shall utilize the existing access to the parcel.
27. Primary access drives shall be surfaced with gravel, recycled asphalt, or the equivalent,
and shall be graded to prevent drainage problems.
28. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
29. The Use by 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.
30. 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.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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