HomeMy WebLinkAbout20100640.tiff HEARING CERTIFICATION
DOCKET NO. 2010-07
RE: 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
A public hearing was conducted on March 24, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated February 16, 2010, and duly published
February 18, 2010, in the Windsor Beacon, a public hearing was conducted to consider the
request of The New Cache La Poudre Irrigating Company/Jim Roth and Jim Arnold, for a Site
Specific Development Plan and Use by Special Review (USR) 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.
Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised Jim Roth, applicant, that he has the option of continuing this matter
to a date when the full Board will be present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to
the record and make the determining vote. Mr. Roth indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated the applicant is currently in violation of the Weld County Code for operating
without the appropriate permits; however, if this USR is approved and the plat is recorded, the
site will be deemed in compliance and the violation will be closed. He stated there is an existing
residence on the property, and the property boundary is approximately one-half mile from the
nearest surrounding residence. He further stated staff did not receive any telephone inquiries or
correspondence concerning this case; however, the West Greeley Soil Conservation District did
provide a referral response expressing concerns regarding access to the lake for local
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residents, release of water from the lake into a stream creating a frozen barrier compounding
saturation and on-site flooding, seepage of water into local farmlands, and lack of proper
notification to certain surrounding property owners. Mr. Gathman explained there are three
separate parcels within the USR boundary, and one of them was inadvertently omitted;
however, upon verification, the Department of Planning Services did provide follow-up
notification at least one month prior to the Planning Commission hearing to address that
concern. He stated the applicant does have a lease from The New Cache La Poudre Irrigating
Company for use of the lake for private recreational activities, on fee or membership basis, and
the site will not be open to the public. Mr. Gathman indicated eight referral agencies reviewed
the proposal, three indicated no concerns or provided comments that have been addressed
through the Conditions of Approval and Development Standards, and staff did not receive a
response from the Colorado Department of Transportation (CDOT), Weld County Sheriff, Weld
County Zoning Compliance, Eaton Fire Protection District, or the Colorado Division of Wildlife.
He stated the site is located north of State Highway 392; one-half mile east of County
Road 61.5, near the Townsite of Barnesville, and it is not located within a three-mile referral
area for any municipality. He further stated the Planning Commission did make a unanimous
recommendation of approval at the hearing on March 2, 2010; however, there were a couple of
changes made to the Development Standards which have been incorporated into the Board's
draft Resolution concerning the hours of operation and the number of members/guests allowed
during the hunting season. Mr. Gathman displayed photographs of the site and surrounding
area, and in response to Commissioner Conway, he confirmed staff did not receive any
correspondence or telephone calls, even after the renotification.
Heidi Hansen, Department of Public Works, stated the site will be accessed using an existing
access from State Highway 392, which is under the jurisdiction of CDOT. She stated the
applicant will be required to surface the access, camping, and parking areas with gravel,
recycled asphalt, or the equivalent, and the areas shall be graded to prevent drainage problems.
She stated this last item has been met, and because there will be no new structures on the site,
staff is not requesting any water quality features or storm drainage control, and the site is not
within a floodplain.
Lauren Light, Department of Public Health and Environment, stated there was a lot of
discussion at the Planning Commission hearing regarding the use of portable toilets. She
explained since both the skiing and hunting uses timeframes overlap under the same USR, the
overall use of the site exceeded the standard six-month requirement concerning portable toilets.
She stated the Planning Commission modified Development Standard #24 to restrict the
number of hunters, thus allowing the use of portable toilets and bottled water. Ms. Light stated
the RV's on the site must be self-contained, as there is no dump station available, and
Development Standard #9 was added to ensure sewage is disposed of at an approved, off-site
facility. She stated Development Standard #28 requires the roads to be surfaced with gravel or
the equivalent, which will address dust concerns and eliminate the need for a Dust Control Plan,
therefore, she recommended the deletion of Condition of Approval #2.B. Ms. Light indicated
there will be a trash dumpster provided; however, staff is still requiring a Waste Handling Plan to
document the disposal company which will be utilized, the frequency of trash pickup, and the
placement of waste containers. In response to Commissioner Garcia, Ms. Light reiterated there
will not be very many hunters on the site, and if it were not for the hunting use, the permit would
be considered seasonal. She stated the applicant agreed to the restriction suggested by the
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Planning Commission to allow the use of portable toilets and bottled water. Responding to
Commissioner Conway, Ms. Hansen confirmed the primary access is adequate and the required
standards have been met.
Jim Roth, applicant, stated the primary use will be the water ski club with overnight camping.
He stated the camp sites will be graded throughout the season, and all campers must be
self-contained. He stated there are contracts with local companies for trash removal and
maintenance of the portable toilets, and he will provide that information, as requested by staff.
Mr. Roth indicated he uses a tractor to maintain the graveled areas, and there is a valid access
permit from CDOT. In response to Commissioner Garcia, Mr. Roth stated it would be cost
prohibitive to install permanent restroom and water systems, therefore, they agreed to comply
with the restricted hours of operation and numbers of members allowed, which are actually very
consistent with how they currently operate. He stated five years remain of the six-year lease,
and if circumstances change in the future, they will apply for an amendment to the permit at that
time. In response to Commissioner Rademacher, Mr. Roth stated the lease indicates they do
have hunting and land use rights on the property. Commissioner Rademacher stated he
believes the additional restriction on the number of members and hours of operation is not
necessary. Mr. Roth stated the membership agreement does indicate that skiing activities are
not allowed during the hunting season, and the hours of operation are agreeable for the water
skiing period. In response to the Water Conservancy concerns, Mr. Roth stated they do not
release any water, and current law dictates that the individual owners must wash their boats and
avoid use in another body of water for a certain number of days to avoid the spread of Zebra
Mussels. He stated the Company does not intend to monitor private boats; rather, it is the
responsibility of the individual owners. In response to Chair Rademacher, Mr. Barker stated he
is uncertain whether the State has the authority to enforce the Zebra Mussel law on private
property; however, it is his understanding that it would be the responsibility of the Ditch
Company, as the property owner, to enforce compliance, not the leasee.
No public testimony was offered concerning this matter. Chair Rademacher stated the applicant
is willing to abide by the hours of operation detailed in Development Standard #23; however, he
does not feel the restrictions on the number of members and guests for hunting activities,
described in Development Standard #24, are necessary. In response to Chair Rademacher,
Ms. Light reiterated the restrictions included in Development Standard #24 were imposed
following discussion by the Planning Commission. She explained Health staff must enforce the
existing policy; however, the Board has the authority to waive certain requirements based on the
site-specific conditions. In response to Commissioner Conway, Mr. Roth stated he would prefer
they have the flexibility to establish their own limitations on the number of members and days
allowed for hunting, rather than having it locked into the USR permit. Commissioner Garcia
referenced the Planning Commission Minutes which state, "...the member has an 80 to 100-foot
spot and they are allowed one more camper for just the weekend." He stated, based on that
testimony, it appears the business practice of the applicant already controls the numbers.
Commissioner Conway added the applicant has also testified that their intent is to provide a
quality experience, which will also control what happens at the site to ensure members continue
utilizing the site. In response to Chair Rademacher, Ms. Light confirmed Condition of
Approval #2.B may be deleted. Mr. Gathman stated he did not receive any comments from the
Colorado Division of Wildlife regarding enforcement of Zebra Mussels, and in response to
comments provided by the Conservation District, and he agreed that the applicant is only
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leasing the property and will not be releasing any water. In response to Commissioner Conway,
Mr. Barker confirmed current law states that the facility is responsible, which also makes the
boat owners responsible. Chair Rademacher suggested modifying Condition of Approval #2.A
to delete the words "requirements and" as well as the entire second sentence. In response to
Commissioner Conway, Mr. Roth stated the lease does not address invasive species. He
further stated the State Game and Fist Ordinance for boating indicates the individual boat
owners are responsible for compliance with the law and control of invasive species, and the
Board concurred. In response to Chair Rademacher, Mr. Roth stated he has reviewed, and
concurs with, the Conditions of Approval and Development Standards, as proposed and
modified.
Commissioner Long stated he drives past the site almost every day and he sees no impacts
from allowing a quality facility to continue operation, with the proper permits. Based on those
comments, Commissioner Long moved to approve the request of The New Cache La Poudre
Irrigating Company/Jim Roth and Jim Arnold, 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, based on the recommendations of Planning staff and
the Planning Commission, with the Conditions of Approval and Development Standards as
entered into the record. His motion included modifying Condition of Approval #2.A to state, "The
applicant shall address the concerns of the West Greeley Soil Conservation District (in regards
to invasive aquatic species)."; and deleting Condition of Approval #2.B and Development
Standard #24, with the proper re-lettering and re-numeration. The motion was seconded by
Commissioner Garcia, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:46 a.m.
This Certification was approved on the 29th day of March, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ' (�S o
,.
Douglas ademacher, Chair
Weld County Clerk to t t 1B. - ' iO`eItrg��
'•. ' �� EXCUSED
%* A Barbara Kirkmeyer, Pro-Tem
BY:
De.uty Clerk t.�the :oar �� �I
Sea�Co ay
Witfiarn F. Garcia
r
David E. Long �'
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1727 - THE NEW CACHE LA POUDRE IRRIGATING COMPANY
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated March 2, 2010)
D. Planning Staff Certificate and photo of sign posting
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