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Home My WebLink About20100527.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant T Jim Roth & Jim Arnold Case Number USR-1727 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X X Maps Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X 4 Referrals with comments X Weld County Department of Public Health and Environment referral received X 1/20/2010 (4 pages) Department of Public Works referral received 1/12/2010 X West Greeley Soil Conservation District referral received 12/10/2009 (2 pages) X Owners/Mineral Owners--letters N/µ 6 PC Exhibits 6A Sign posting affidavit (_f ) w1 (tauty.kut,c3 X I hereby certify that the 8 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. U '7 ^:) CCZz�, Chris Gathman Planner - EXHIBIT l -1'12--1 2010-0527 Iin_O • LAND USE ON P SHEET SUMMARY COLORADO Planner: Chris Gathman Case Number: USR-1727 Hearing Date: March 2, 2010 Applicant: Jim Roth &Jim Arnold 22150 County Road 41 LaSalle, CO. 80645 Request: A Site Specific Development Plan and 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 of Sections 4,5,8,9 and 17, T6N, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent to State Highway 392 and approximately 1 mile east of County Road 61 Size of Parcel/Lease Area: +/- 1,032 Acres Parcel Number: 079917100001, 079917200023, & 079908100012 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: With Comments: • Weld County Department of Public Health and Environment, referral dated 1/20/10 • Weld County Department of Public Works, referral dated 1/12/10 • West Greeley Soil Conservation District, referral dated 1/13/10 The following agencies have not responded: • Colorado Department of Transportation (CDOT) • Weld County Sheriff's Office • Weld County Code Compliance • Eaton Fire Protection District • Colorado Division of Wildlife EXHIBIT USR-1727 Roth —Commercial Recreational Facility (Hunting/Waterskiing) Page 1 II!i Jr- SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 111k. COLORADO Planner: Chris Gathman Case Number: USR-1727 Hearing Date: March 2, 2010 Applicant: Jim Roth 22150 County Road 41 LaSalle, CO. 80645 Request: A Site Specific Development Plan and 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 of Sections 4,5,8,9 and 17, T6N, R63W of the 6th P.M., Weld County, CO of the 6th P.M., Weld County, CO Location: North of and adjacent to State Highway 392 and approximately 1 mile east of County Road 61 Size of Parcel: +/- 1,032 Acres Parcel Number: 079917100001, 079917200023, & 079908100012 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. 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. Currently the property is in violation (ZCV) for the operation of a water ski club without an approved and recorded Use by Special Review permit(USR). If the USR is approved, the violation will be closed. If denied, the case shall be refereed to the County Attorney's office but delay legal action for 30 days in order to give the applicant time to ensure that the business has been removed from the property. USR-1727 Roth —Commercial Recreational Facility (Hunting/Waterskiing) Page 2 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 residence on the property. The site (property) boundaries are approximately '/ mile from the nearest residences. No phone calls or correspondence has been 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 has received some feedback re: 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 5) Seepage of water into local farm lands It should be noted that the applicant has a lease from the New Cache 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 is not open to the public. Upon hearing of the notification 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 23-2-220.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 nor 3-mile referral area of any municipality. 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 "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. USR-1727 Roth —Commercial Recreational Facility (Hunting/Waterskiing) Page 3 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. The site is currently in violation (ZCV-09-00252) if this Use by Special Review application is approved and the plat is recorded the property will be in compliance. If approved, this will correct the violation. If denied, the Violation case will proceed accordingly through a violation hearing and possibly district court. 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. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1727. (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) 2. The applicant shall address the requirements/concerns of the West Greeley Soil Conservation District (in regards to invasive aquatic species). Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (West Greeley Soil Conservation District) 3. The applicant shall submit a dust abatement plan, re: on-site dust, 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) 4. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. Submit documentation, to Environmental Health Services, Weld County Department of Public Health & Environment indicating a septic system designed by a Colorado Registered Engineer. (Department of Public Health & Environment) 5. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & 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 wastes which are expected to be generated on 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 site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) USR-1727 Roth —Commercial Recreational Facility (Hunting/Waterskiing) Page 4 6. 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) 7. Upon completion of 1 - 6 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) 8. 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) 9. 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 maps(a�co.weld co.us. (Department of Planning Services) 10. 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) USR-1727 Roth —Commercial Recreational Facility(Hunting/Waterskiing) Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jim Roth USR-1727 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. Adequate drinking (bottled water), handwashing and toilet facilities shall be provided for personnel using the facility. (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. 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. 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) 11. 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) 12. Adequate drinking, handwashing and toilet facilities shall be provided for personnel using the facility. (Department of Public Health and Environment) 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 14. In the event the facility's water system serves more than 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 & Environment) USR-1727 Roth—Commercial Recreational Facility (Hunting/Waterskiing) Page 6 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 & 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. 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. We strongly encourage the applicant to periodically test the water. (Department of Public Health and Environment) 14. 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) 15. 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) 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 18. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) 20. 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) 21. All building plans shall be submitted to Galeton Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 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 constructed as traffic control devices. (Department of Planning Services) 23. Hours of operation for the water skiers shall be from sunrise to sunset from April 1 through September 7 (or Labor Day). (Department of Planning Services) 24. Hunting on a fee basis is limited annually from mid-September to February 17th.(Department of Planning Services) 25. 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) 26. Personnel from the Weld County Government 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. USR-1727 Roth —Commercial Recreational Facility (Hunting/Waterskiing) Page 7 27. The applicant shall utilize the existing access to the parcel. (Department of Public Works) 28. Camping/parking spaces and access drives shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 29. 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) 30. 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. 31. 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. 32. No more than 50 members at any one time shall be allowed on site. This limit does not include guests of members. (Department of Planning Services) 33. 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. USR-1727 Roth—Commercial Recreational Facility (Hunting/Waterskiing) Page 8 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. 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. USR-1727 Roth—Commercial Recreational Facility (Hunting/Waterskiing) Page 9 DEPARTMENT OF PLANNING SERVICES a 918 10T"Street GREELEY, CO 80631 PHONE: (970)35370) Ext. 3540 FAX: 1(90(970)304-6498 COLORADO February 16, 2010 The New Cache La Poudre Irrigating Company Jim Roth 22150 CR41 LaSalle CO 80645 Subject: USR-1727- 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 on a parcel of land described as part of Section 4, 5, 8, 9, & 17, T6N, R63W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 2, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department, 918 10'h Street, Greeley, Colorado. A subsequent hearing will be held on March 24, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners,Weld County Centennial Center, 915 101h 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 www.co weld.co.us/departments/planning/Planninq/Plan current If you have any questions concerning this matter, please call. Respectfully, Reason:I have reviewed this document F i�' 'y / o Location:918 10th Street Date:2010.02.1615:14:19-orod Chris Gathman Planner ITf 1 , '4 . il. ji I Iii , . i , / / t n'lair% K 1 6" 4.; a: \J ‘,2 k 1-- ra Cu o QM r cn a /` N Q ' C _ o � � sE Ina (1) U hi M z (11 Lai ° ft;' t; Q e 0 i ai vi cA0 . 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V4 f' ` ; '. `+ \ ii \ I1 ,it 1 .) ‘ tie 4 I , __ f i v `1r I I . )(IC - - %' 4 'I 14. ' 4 I ,. i • I f I 4 ‘' r 1 • I N ` I 4. 1..i: f ' 1 , t 1.r y .. J I � -.1L.... 4• il \ 4 I li I ; 41 I 4 \ FIELD CHECK inspection dates: 2/19/2010 APPLICANT: Jim Roth CASE#: USR-1727 REQUEST: A Site Specific Development Plan and 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: Part of Sections 4,5,8,9 and 17, T6N, R63W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to State Highway 392 and approximately 1 mile east of County Road 61 PARCEL ID #: 079917100001, 079917200023, & 079908100012 ACRES: +/- +/- 1,032 Acres Acres Zoning Land Use N A N Farmground (some rural residences further to the north E A E Farmground S A S Farmground W A W Farmground COMMENTS: Existing lakes on site. A single family residence is located on the southern portion of the site. ✓� 1 /% Chris Gathman - Planner Ill Kristine Ranslem From: Kristine Ranslem ant: Thursday, December 10, 2009 3:29 PM o: 'Bill Hall' Subject: USR-1727 Field Inspection We have just received a case (USR-1727) in which we ask that you review the material and send a referral to us by January 10, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/departments/planning/Planning/plan current.html#USR-1726 Attached is the field inspection sheet. If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! (Also, if you are in the area can you please stop by to pick up a notebook for the RUA case to be heard Jan. 19th?) IcrktL&t Ra vAslewt Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 DEPARTMENT OF PLANNING SERVICES rit t‘t. 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WUk. COLORADO December 10, 2009 Jim Roth 22150CR41 LaSalle CO 80645 Subject: USR-1727- Request 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 on a parcel of land described as Part of Sections 4, 5, 8, 9, & 17, T6N, R63W 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 Planning Commission for their review and comments. Please call 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 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, Chris Gathman Planner WELD COUNTY COMPLETENESS REVIEW REVIEW DATE: 11/23/09 TYPE OF APPLICATION: USR LEGAL DESCRIPTION: Pt. of Sections 4,5,8,9,17 Township 6 North, Range 63 W COMPANY NAME/REPRESENTATIVE/OWNER: The New Cache La Poudre Irrigation Company PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even maior 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. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 970-353-6100 extension 3540, or email at mmartin@co.weld.co.us REVIEW: 4fter the completeness review process, please submit your formal Land Use Application to the Department of . lanning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre- application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Michelle Martin— mmartinco.weld.co.us - 970-353-6100 x 3540 Public Works: Don Carroll — dcarrollAco.weld.co.us- 970-304-9496 x3766 Public Health: Lauren Light— IlightAco.weld.co.us — 970-304-6415 x2211 Building Inspection: Frank Piacentino —fpiacentinoco.weld.co.us — 970-353-6100 x 3540 PLANNING COMMENTS The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. 1. Certificate of Conveyances 2. 24" x 36" map with all the mapping requirements 3. 8.5" x 11" reduced copy of the map 4. One original application form completely filled out and signed by Jim Arnold and Jim Weld County Department of Planning Services 918 10`"Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 WELD COUNTY • Roth 5. The questionnaire needs to go into more detail regarding the uses on site including the number of campsites and if and when hunting would be allowed 6. Affidavit and certified names, addresses and the corresponding parcel number of all the properties located with 500 feet. 7. Application fee PUBLIC WORKS COMMENTS Site Plan Review: The applicant has submitted an 8.5" x 11" site plan. Public Works is requesting a 24" x 36" with a scale 1" = 200 feet or any other appropriate scale with a vicinity map showing more detail such as camping/trailer, parking spaces, circulation, parking, roadways, Highway 392 and the access, any additional information that may be pertinent to your proposed facility. Traffic Study: No traffic study is required; however, the applicant needs to provide an estimated number of trips per day. The applicant is indicating that the cap for skiers is 50. Currently; they have 25. Weekends have the most activity. Preliminary Drainage: No drainage report is required; however, the applicant should provide a short description of the historical storm water flow across the property and how this application will affect ''nese flows. The applicant is indicating no elevations are changed and with the hilly topography and .,ie sandy soil, no run-off was seen. Indicate with flow arrows where the water originates if it flows on to the property from an off-site source, where it flows to as it leaves the property, the direction of flow across the property, and if there has been any previous drainage problems with the property. Geotechnical Soils Report: No geotechnical soils report is required Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Summary: The applicant needs to prepare a site plan map identifying items listed above on a 24" x 36" plat map to a suitable scale for review and comments at submittal. HEALTH DEPARTMENT COMMENTS I have reviewed the packet for the completeness review. It is not clear if the water skiing is for a limited time frame or not. It is the policy of the health dept. to allow the use of portable toilets for a period of 6 months or less. If they will be using the facility for more than 6 months we will require a permanent water source as well as a septic system. Also the subject line on the 7 day review sheet states this USR is for hunting also but there is nothing in the applicants packet that indicates hunting is allowed or when. Please have the applicant clarify and resubmit the application if hunting is 'ncluded in this USR and also have them indicate the time frame for either/or water skiing and Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 WELD COUNTY hunting. Please let me know if you have any questions. 'UILDING INSPECTION COMMENTS The Building Department had no concerns regarding the completeness review. Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 Weld County Planning Department GREELEY OFFICE MEMORANDUIC `2a7nnP OWNED II TO: Michele Martin, Planning Services DATE: November 20, 2009 CFROM: Donald Carroll, Engineering Administrator, Public Works AOC, COLORADO SUBJECT: 7-Day Completeness Review PA09-106 New Cache La Poudre Irrigating co/Jim Roth and Jim Arnold 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 Traffic Study Preliminary Drainage Geotechnical Soil Report Special Flood Hazard Area Site Plan Review: The applicant has submitted an 8.5" x 11" site plan. Public Works is requesting a 24" x 36" with a ;ale 1" = 200 feet or any other appropriate scale with a vicinity map showing more detail such as camping/trailer, parking spaces, circulation, parking, roadways, Highway 392 and the access, any additional information that may be pertinent to your proposed facility. Traffic Study: No traffic study is required; however, the applicant needs to provide an estimated number of trips per day. The applicant is indicating that the cap for skiers is 50. Currently; they have 25. Weekends have the most activity. Preliminary Drainage: No drainage report is required; however, the applicant should provide a short description of the historical storm water flow across the property and how this application will affect these flows. The applicant is indicating no elevations are changed and with the hilly topography and the sandy soil, no run-off was seen. Indicate with flow arrows where the water originates if it flows on to the property from an off-site source, where it flows to as it leaves the property, the direction of flow across the property, and if there has been any previous drainage problems with the property. Geotechnical Soils Report: No geotechnical soils report is required Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Summary: The applicant needs to prepare a site plan map identifying items listed above on a 24" x 36" plat map to a suitable scale for review and comments at submittal. pc: 7-Day Completeness PA09-106 M:\PLANNING—DEVELOPMENT REVIEW\7-DayCompletenessReviews\2009\PA09-106 Cache LaPoudre Irrigating.doc 7 Day Completeness Review PA09-106 Pre-Application NOV 17 2009 Subject: USR for a water skiing and hunting Location: Being Pt. of Sections 4, 8, 9, 17 Township 6 North, Range 63 W Applicant Name: The New Cache La Poudre Irrigating Company, a Colorado Nonprofit Corporation Planner: Michelle rtin Department: ublic Michelle_ k Health Building Planning Comments: Gr�, Name: Date: 7f_ Co _ oe Date: Nov. 13, 2009 Comments due no later than Nov 19, 2009 Dec 09 2009 12: 05PM HP LASERJET FAX P- 3 cis 71 � , , , § ! / m S \ � / $ ° •! U ©tn _ § } f2 0 \ ( f | j I $ ! ° a14 be $ ° ! ) { § f \ i 4 VII ] i •C } § ihl E - , , , , F a \ ® ; « f ) $ 1 / d ; 1 / I Ja j I ! ill ) fl � f s } § d \ I « z } 2 ~ i \ ? gh ii A w ® # R ' R J } f � f f ) / § ) ) I l $ } ` ` ` 11 .s I I $ i ! $ / § f % $ 3 9 / } Ii 4, 1 ` 1 ,, \ 7 rill 2 „ g , \ { R , , 1 ' ' } % 2 k \ - ! f ? 22 ° ° i 2f , ns .4 4 ■ 111 - i % I E. 1 i / \ w i ? Iii/ w J \ # 2 Michelle Martin From: Lauren Light ent: Monday, November 23, 2009 10:45 AM .O: Michelle Martin Subject: water ski lake- pa09-106 I have reviewed the packet for the completeness review. It is not clear if the water skiing is for a limited time frame or not. It is the policy of the health dept.to allow the use of portable toilets for a period of 6 months or less. If they will be using the facility for more than 6 months we will require a permanent water source as well as a septic system. Also the subject line on the 7 day review sheet states this USR is for hunting also but there is nothing in the applicants packet that indicates hunting is allowed or when. Please have the applicant clarify and resubmit the application if hunting is included in this USR and also have them indicate the time frame for either/or water skiing and hunting. Please let me know if you have any questions. Lauren Light,M.B.S. Environmental Planner,Environmental Health Services Weld County Department of Public Health&Environment 1555 N. 17th Ave. Greeley,CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 1 7 Day Completeness Review PA09-106 Pre-Application Subject: USR for a water skiing and hunting Location: Being Pt. of Sections 4, 8, 9, 17 Township 6 North, Range 63 W Applicant Name: The New Cache La Poudre Irrigating Company, a Colorado Nonprofit Corporation Planner: Michelle Martin Department: Public Works Health Building Planning - - Comments: �o STyvc[cQ✓-eS aye i4 Y/oiva2cL -- OQiit,,y Code_ dogs Mar qfP/y Name: ovat� Date: //-/6 O9 Date: Nov. 13, 2009 Comments due no later than Nov 19, 2009 ‘Irettthe MEMORANDUM Wine. TO: DATE: PA09-106; Case October 2, 2009File, pre-application COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for water skiing and hunting Attendees: Jim Roth, Applicant Jim Arnold, Applicant Heidi Hansen, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning On Friday, October 2, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed water ski lake. (The legal description is part of Sections 4, 8, 9, 17, T6N, R63W of the 6t" P.M.) Background Information: The applicants have provided a campground at the lake. No utilities are provided; all campers are self-contained. A trash dumpster is provided. The applicants have a 6-year lease with Cache la Poudre and have indicated that it specifically states that no structures or improvements are to be installed on the property. Water skiing lasts approximately 6 months with hunting season during the off months. The applicants currently have 25 members with potentially up to 50 members. Public Works Access to the site is from Hwy 392 and is currently an access to the Oil and Gas wells (which is a use by right). Staff stated the applicants will need to visit with CDOT on an access permit. Staff requested that 2 cattle guards be installed to eliminate mudding onto the highway. No Traffic Study is required; however the applicants will need to provide an estimated number of trips per day. A Site Plan identifying the location of the campgrounds and labeling the road materials will need to be provided. No Geotechnical Report is required. Staff informed the applicants that a 45 foot radius will need to be provided to accommodate the campers. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. Planning Department Staff encouraged the applicants to visit with the Health Department (970-304-6415 ext. 2211) regarding the specifics of the lease agreement and what may be required. The site is currently in violation (ZCV09-00252). To avoid an investigation fee and violation hearings on December 8, 2009, staff strongly encouraged the applicant to provide a complete application by Thanksgiving. 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. End memorandum. Hello