HomeMy WebLinkAbout20100526.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1727
APPLICANT: Jim Roth&Jim Arnold
PLANNER: Chris Gathman
REQUEST: 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.
LEGAL DESCRIPTION: Part of Sections 4, 5, 8, 9, & 17, T6N, R63W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1 mile east of CR 61.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 referred 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.
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. EXHIBIT
L6
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Resolution USR-1727
Jim Roth&Jim Arnold
Page 2
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.
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.
Previously, the property was in violation (ZCV09-00252)for the operation of a private commercial recreational
facility along with commercial hunting without an approved and recorded Use by Special Review permit(USR);
however, the violation will be closed upon approval from the Board of County Commissioners.
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 Planning Commission recommendation for approval is conditional upon the following:
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)
Resolution USR-1727
Jim Roth&Jim Arnold
Page 3
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. 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)
5. 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)
6. 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)
7. 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)
8. 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(cilco.weld.co.us (Department of Planning Services)
9. 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)
Resolution USR-1727
Jim Roth &Jim Arnold
Page 4
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 2, 2010.
Dated the 2nd of March, 2010.))rte_fKristine Ranslem
Secretary
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 (portable toilets) 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. 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)
13. 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)
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. We strongly encourage the
applicant to periodically test the water. (Department of Public Health and Environment)
15. 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)
Resolution USR-1727
Jim Roth &Jim Arnold
Page 6
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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
19. 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 (Labor Day)with 50 members allowed at any one time with their guests.
(Department of Planning Services)
24. Hunting on a fee basis is limited to six (6) members with up to two (2) guests per member three
(3) days a week and major holidays from mid-September to February 17th annually.(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.
27. The applicant shall utilize the existing access to the parcel. (Department of Public Works)
28. 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)
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)
Resolution USR-1727
Jim Roth&Jim Arnold
Page 7
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. 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. 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.
• 2- /u
work out to resolve this issue.
Commissioner Maxey agreed with Mr. Hall's comments; however he understands the frustration of the
surrounding property owner.
Robert Grand moved that Case USR-1730 be approved along with the amended Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval, seconded by
Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall, yes;Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1727
APPLICANT: Jim Roth&Jim Arnold
PLANNER: Chris Gathman
REQUEST: 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.
LEGAL DESCRIPTION: Part of Sections 4, 5, 8, 9, & 17, T6N, R63W of the 6th P.M.,Weld County,
Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1 mile east of CR 61.
Chris Gathman, Planning Services,commented that this site is currently under violation(ZCV09-00252)for the
operation of a commercial recreational facility without an approved permit. If this Use by Special Review
application is approved and the plat is recorded the property will be in compliance. If denied,the violation case
will proceed accordingly through violation hearing and possibly District Court.
There is an existing residence on the property. Site boundaries are approximately 1/2 mile from nearest
residences on either side. No phone calls or correspondence have been received from surrounding property
owners in regard to this proposal. Staff did receive a referral from the West Greeley Soil Conservation District
and indicated that there were concerns with regard to the access allowing local residents, release of water
from the lake into the stream creating a frozen barrier, compounding saturation and flooding on the site,and
seepage of water into local farmlands.
It should be noted that the applicant has a lease from the New Cache La Poudre Irrigating Company to use
the land for private recreation purposes. The lakes are in private ownership and it is not open to the public.
Eight referrals were sent out to outside referral agencies; three(3)referrals were received and either indicated
no concerns and or are addressed through conditions of approval and development standards. No referral
responses were received from the Weld County Sheriff, Weld County Code Compliance, Eaton Fire District,
and the Colorado Division of Wildlife.
No letters, correspondence, or phone calls have been received from surrounding property owners in regard to
this case.
The Department of Planning Services recommends approval of this case with the attached conditions of
approval and development standards.
Mr. Gathman noted that the applicant is not proposing any permanent improvements to this site.
Commissioner Holton asked how many members there are currently. Mr. Gathman said that the proposal is
for up to 50 members maximum. Mr. Holton asked why we are limiting it to 50 members. Mr. Gathman said
that the applicant is limiting the number of their members. Mr. Grand said that according to Development
Standard 32 it states that it does not include guests, which essentially one member could bring numerous
EXHIBIT
I
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guests. Commission Holton suggested asking the applicant when he makes his presentation.
Heidi Hansen, Public Works, commented that the access is from State Highway 392; therefore CDOT has
jurisdiction. There is an existing access to the property. Ms. Hansen requested to make an amendment to
Development Standard 28 to read"Primary access drives shall be surfaced with gravel, recycled asphalt or
the equivalent and shall be graded to prevent drainage problems".
Robert Grand moved to amend Development Standard 28 as proposed by staff, seconded by Jason Maxey.
Motion carried.
Ms. Hansen stated that no storm drainage control measures are required and the site is not located in a FEMA
flood plain.
Lauren Light, Environmental Health, commented that the application states that the RVs are self-contained.
They also provide portable toilets in the various campsite areas. There is also a development standard which
requires the RVs to dispense of their sewage at other approved offsite facilities because there is not a dump
station on site. According to Environmental Health's policy, this is not a temporary or seasonal use;therefore
they need permanent water and a sewage disposal system. Staff determined that this a full time business
because the hunting was added in. If a septic system is installed, it needs to be a commercial design
approved by a Colorado Registered Professional Engineer as well as approved by the Board of Health.
In addition,a Dust Abatement Plan is required such as low speed limits and gravel primary roads. The Waste
Handling plan includes a dumpster which they currently have on site; however the applicant needs to provide
how often the waste is picked up and which company provides that service. Noise is restricted to the
commercial level.
Ms. Light commented that Development Standard 12 could be removed because it is a duplicate. She added
that depending on what is decided for the usage of portable toilets,the Planning Commission will need to look
at Development Standards 8, 13, 14 and Condition of Approval 4.
Jim Roth,22150 CR 41,and Jim Arnold, 1810 84`"Ave Court. Mr. Roth commented that the hunting will take
place 3 days a week; there are only six (6) members. This does put them over the six-month limit but it is
such a limited amount of usage. He added that the septic systems and potable water is cost prohibitive for
them. During the summer there are self-contained campers and the members bring their own water in. He
added that they provide portable toilets as well.
Mr. Roth stated that 20 mph signs are posted to keep the speed down. He commented that he and his partner
police the area for trash and haven't seen a problem.
Mr. Arnold said that they are trying to keep this area as natural as possible. He added that they allow
members to start moving in their campers in March; however the skiing starts typically in late April. He stated
that hunting begins in September.
Commissioner Grand referred to the membership question and asked for a more specific explanation. Mr.
Roth said the member is whoever the lot is assigned to. He added that they are allowed guests, but there are
rules and regulations to limit numbers to keep it from being overcrowded. Mr. Grand asked what the
maximum number of people is they expect to be there. Mr. Roth said that the member has an 80 to 100 foot
spot and they are allowed one more camper for just the weekend. He added that they have included in their
rules that they can have a company party if prearranged with them. Mr. Roth commented that if there are two
families out there per lot that could be up to 10 people depending on family size. Mr. Grand commented that
in theory if there are 50 members and 2 families you could potentially have 500 people. Mr. Roth said that
number would be highly unlikely and added that the most boats ever on the lake last year were 7.
Commissioner Lawley asked if tent camping is allowed. Mr. Roth said that if they don't have a camper, a tent
is allowed.
Commissioner Maxey clarified if the six(6)members are only for hunting or only 6 members at a time to hunt.
9
Mr. Roth replied that a total of 6 members only are allowed to hunt plus two guests at a time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joyce Wallace, West Greeley Conservation District 4302 W 9`"Street. Ms. Wallace commented that in her
letter their chief concern was the evasive aquatic species that come in from boats. This is a pristine water
source and those can be very devastating to agricultural water supply delivery systems. She felt that it needed
to be adequately addressed about how inspections were going to be done before boats were placed in the
water.
The Chair closed the public portion of the meeting.
Mr. Roth indicated it was a state law enforcement issue regarding Evasive Aquatic Species. He added that
there are already laws prohibiting Evasive Aquatic Species.
Commissioner Grand commented that with regard to the permanent water and sewer system,this is a private
facility with limited use over the summer primarily. He feels that no requirement is needed for a permanent
water and septic system with the understanding that everyone needs to use the facilities that they have or the
portable toilets.
Ms. Light commented that another option instead of a septic system would be a vault. Commissioner Maxey
stated that he understands the applicant's concerns for cost; however he feels that there needs to be
something there because this is a permanent, although private, site.
Commissioner Holton expressed that he looks at it as a campground. He would like to see the portable toilets
being serviced on a regular basis. His opinion is that Developments 13 and 14 could be removed; however
Development Standard 8 needs to remain because if there is a septic system installed it needs to comply with
the Weld County Code.
Commissioner Lawley said that he would like to see a statement in the development standards restricting the
number of members in lieu of installing permanent water and septic systems. Mr. Holton clarified if Mr. Lawley
wished to amend Development Standards 23 and 24 referring to the number of members allowed. Mr. Lawley
replied yes.
Roy Spitzer moved to delete Condition of Approval 4, seconded by Nick Berryman. Motion carried.
Roy Spitzer moved to amend Development Standard 7 to read "Adequate drinking (bottled water),
handwashing and toilet facilities(portable toilets)shall be provided for personnel using the facilities",seconded
by Bill Hall. Motion carried.
Robert Grand moved to delete Development Standards 12, 13, and 14, seconded by Roy Spitzer. Motion
carried.
Robert Grand moved to amend Development Standard 23 to read "Hours of operation for the water skiers
shall be from sunrise to sunset from April 1 through September 7(Labor Day)with 50 members allowed at any
one time with their guests", seconded by Jason Maxey. Motion carried.
Mark Lawley moved to amend Development Standard 24 to read"Hunting on a fee basis is limited to six(6)
members with up to two (2) guests per member three (3) days a week and major holidays from mid-
September to February 17' annually", seconded by Roy Spitzer. Motion carried.
Robert Grand moved to delete Development Standard 32, seconded by Bill Hall. Motion carried.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
10
Robert Grand moved that Case USR-1727 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,absent; Robert Grand,yes; Bill Hall,yes;Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: AmUSR-1679
APPLICANT: JLW Investment, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for an Oil and Gas Support Facility(install additional tanks and office trailer in an
existing Class II-Oilfield Waste Disposal Facility)in the A(Agricultural Zone
District).
LEGAL DESCRIPTION: Lot B RE-748; located in Part of the NE4 of Section 18,T6N, R63W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1/4 mile east of CR61.5
Chris Gathman, Planning Services, commented that the applicant is proposing to install some additional tanks
to the existing site along with 10 by 24 foot office trailer.
All of the tanks are located within the earthen berm containment area originally specified under USR-1679.
Hours of operation, number of employees and number of trucks coming to the site will not change under this
proposed amendment.
The facility is located approximately 500 to 600 feet east from three residences within the platted townsite of
Barnesville and approximately 250 to 300 feet north of an existing residential lot. Unimproved parcels are
located to the north and east of the site.
Development Standards and Conditions of Approval will ensure compatibility with the existing surrounding land
uses. The applicant is proposing to haul predominantly during daylight hours. The application limits the total
number of trucks to 30 per day; any further increase in trips will require approval from CDOT.
Nine referrals were sent to outside referral agencies; four(4) referrals were received and either indicated no
concerns or are addressed through development standards and conditions of approval. No response was
received from the Colorado Oil and Gas Commission,Weld County Sheriff, Colorado Division of Wildlife,and
the Galeton Fire Protection District. No phone calls, letters or correspondence have been received from
surrounding property owners.
The Department of Planning Services recommends approval of this application along with the attached
development standards and conditions of approval.
Heidi Hansen, Public Works, commented that CDOT has jurisdiction over the access since it is State Highway
392. Public Works is requesting 100 feet of pavement with two sets of cattle guards or 300 feet of pavement.
Ms. Hansen stated that they have requested a revised site plan because the existing onsite road layout is
different from what was originally designed. Public Works is working with the applicant and their engineer on a
revised drainage report. The site is not located in a FEMA floodplain. An improvements agreement is
requested to ensure that everything is completed as designed.
Troy Swain, Environmental Health, commented that this amendment includes some minor additions from the
original USR-1679. This facility is on a routine inspection list.
Jesse White, 351 Glen Coach St, Denver CO. Mr. White commented that this is a minor addition to the
facility. He added that in reality they had planned on this from the start but there was a misunderstanding on
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