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Home My WebLink About911327.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - WINDSOR SHORES, C/0 LARRY B. ECKEL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on September 18, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #943, issued to Windsor Shores, c/o Larry B. Eckel, and WHEREAS, at the meeting of September 18, 1991, the Board deemed it advisable to continue said matter to November 4, 1991, at 9:00 a.m. , and WHEREAS, Larry B. Eckel is operator of said facility, and Windsor Reservoir and Canal Company is owner of said property, being described as part of Sections 27, 28, 33, and 34, Township 7 North, Range 67 West, and part of Sections 3 and 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at the meeting of November 4, 1991, the Department of Planning Services informed the Board that Mr. Eckel is in compliance with Special Use Permit 11943, and said matter should be dismissed, and WHEREAS, the Board deemed it advisable to dismiss said Show Cause Hearing for Windsor Shores, c/o Larry B. Eckel. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing to consider the revocation of Special Use Permit 11943 issued to Windsor Shores, c/o Larry B. Eckel, be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: / ad-e WELD COUNTY, COLORADO Weld County C erk to the Board EXCUSED DATE OF SIGNING Gordon E Lacy, Chairman By: 77/114,747-74 Deputy Clerk to the B�cr Ge r e Ken dy, Pro-Tem APPROVED A 0 FORM: ��",e—yr�e--1 5171?--C4-c" Constance L. Harbert County Attorney C. W. Kirby Tel -.3A, W. H. Webste PL0837 r)L, SI7 cc '. WINDSOR SHo1.&S1 p� � ({i 911327 / c H� HEARING CERTIFICATION DOCKET N0. 91-51 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT 11943 - WINDSOR SHORES, C/0 LARRY B. ECKEL A public hearing was conducted on November 4, 1991, at 9:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated August 28, 1991, and duly published September 5, 1991, in The New News, a public hearing was conducted to consider the revocation of Special Use Permit #943 issued to Windsor Shores, Inc. , c/o Larry B. Eckel. Lee Morrison, Assistant County Attorney, made this a matter of record. Rod Allison, Planning Department representative, stated he has inspected the property and reviewed the issues. He recommends dismissal based on the fact that the owner is now in compliance in all areas of concern. At Commissioner Kirby's request, Mr. Allison orally reviewed each of the concerns. Larry B. Eckel, applicant, was present and stated the months of operation are April 1 to October 1 of each year; therefore, they will begin operation April 1, 1992. Commissioner Kennedy moved to dismiss the Show Cause Hearing for revocation of Special Use Permit 11943, based on the findings of the Planning staff. The motion was seconded by Commissioner Kirby, and carried unanimously. This Certification was approved on the 6th day of November, 1991. n APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk o t e Board � EXCUSED DATE OF APPROVAL By: / �g� iJ /j�itd Gordon E. Lacy, Chairman Deputy Clerk o the r e Kenn y, Pro-Tem TAPE 1191-31 ��17.y�.rteJG?�:i/4.LlGc� onstance L. Harbert DOCKET 1191-51 j 4"/11"; /2 / C. W. Kir PL0837 � W. H. Webster 911327 eL J'1. o 37 C014 .. crn .7.C SOMMERMEYER, WICK, DOW & CAMPBELL ' ATTORNEYS AT LAW ry r MAYO SOMMERMEYER* � - - ROBIN L.WICK IV I�_ CHEYENNE OFFICE TIMOTHY J.DOW 43 CLOCK TOWER SQUARE 2312 CAREY AVENUE KENT N.CAMPBELL 323 SOUTH COLLEGE AVENUE CHEYENNE,WYOMING 82001 JAMES D.BRAMER' P.O.BOX 2166 KATHRYN 5.LONOWSKI FORT COLLINS,COLORADO 80522 ALSO ADMITTED IN WYOMING ROBERT J.PENNY ROBERT N.CLARK (303)482-4011 THOMAS K.HIGLEY FAX(303)482-8929 G.MCCELVEY HESTER September 17 , 1991 � 3 q \0(� :'. Lanell J. Swanson, Current Planner Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Subject: ZCH-77 and USR-943 Dear Lanell: Enclosed per your request is a copy of the Reservoir Lease between Windsor Reservoir & Canal Company and Windsor Shores, Inc. Yours very truly, SOMMERMEYER, WICK, DOW & CAMPBELL Timot y . Dow TJD/clp Enclosure a MAY 17 1991 RESERVOIR LEASE � This lease is entered into this day of /Vl , 19k, by and between WINDSOR RESERVOIR & CANAL COMPANY ( "Lessor" ) and WINDSOR RECREATIONAL PROPERTIES, LTD. , d/b/a WINDSOR SHORES, INC. ( "Lessee" ) . RECITALS: 1. Lessor is a mutual ditch company organized pursuant to the laws of the State of Colorado and is engaged in the business of the ownership and operation of ditches and reservoirs and associated water rights primarily for the purpose of providing agricultural irrigation to its shareholders in Larimer and Weld Counties, Colorado. 2. Lessor is the owner of Windsor Reservoir, a/k/a Big Windsor, ( "the Reservoir") , which ,is generally located as follows: E}, S28 and E}, S33 and W}, S27 and W}, 534 and • T7N, R67W and NW}, S3 and NE}, S4 and T6N, R67W e Weld County, Colorado (Exact legal and map or plat to be attached. ) together with the designated areas of real property surrounding the Reservoir. The Reservoir covers approximately 950 acres. The area portion of the property subject to this lease shall be designated on the map or plat to be attached hereto, it being the understanding of the parties that the entire area surrounding the Reservoir is not included in the lease. 3. Lessee is a corporation organized pursuant to the laws of the State of Colorado and is primarily engaged in providing recreational services and amenities to its permit holders. • 4. The parties desire to enter into a lease whereby Lessee will lease the Reservoir from Lessor. NOW, THEREFORE, in exchange for valuable consideration, the adequacy of which is hereby acknowledged by both parties, the parties mutually agree as follows: 1. Incorooration. The recitals set forth above are incorporated herein by this reference and made a part of this Agreement. 2 . Leased Property. The Lessor hereby leases to Lessee the surface rights of and to the Reservoir for recreational purposes consistent with the terms hereof and the rules and regulations of Lessee. The property subject to this lease shall be designated on the map or plat to be -attached hereto, it being the understanding of the parties that the entire area surrounding the Reservoir is not being leased. In addition to the surface recreational rights on the Reservoir itself, the leased area shall generally include a main beach area generally on the southeast portion of the Reservoir in Section 34 and an area on the northeast portion of the Reservoir between the inlet canal and the Reservoir in Sections 27 and 28. 3. Term. The term of this lease will commence at 12:00 noon on April 1, 1991 and will terminate at 12:00 noon on April 1, 1998, a lease term of seven (7) years. 4 . Rent. The Lessee agrees to pay to the landlord annual rent as follows: (a) Basic Rent: Year One $32,000 Year Two ' S35,000 Years Three-Seven $35,000 plus adjustments As of year two and for all subsequent years of this initial lease term, $35,000 shall be the minimum annual base rent. (b) Payment Dates: For the first year of the lease, one-third (1/3) of the lease amount ($10,666 .67) shall be payable upon execution of this lease, with the balance due and payable May 1, 1991. For the second and all subsequent years of the lease term, the annual rent shall be payable in advance in full on April 1 of each respective year. (c) Adjustments: • In years three-five of the lease term, the base rent of $35,000 will be subject to an annual cost of living adjustment, beginning with the third year, equal to the increase or decrease in the cost of living index as published by the U.S. Department of Labor with January, 1991 as the base year, subject to the minimum annual base rent. (d) Any pro rata adjustments provided for or implied herein shall be on a per diem basis (1/365 x current rent) . 5. Lessor's Obligations and Limitations . (a) Lessor reserves the right in all respects, at its sole discretion, to operate and maintain the Reservoir consistent with Lessor's purpose and historic operation. . -2- Lessor does not and cannot guarantee any minimum or maximum water level, water quality or flow of water in the Reservoir. Lessor reserves the right to control the water impounded in the Reservoir and to fill and drain it as Lessor sees fit, subject to (d) below. (b) Lessor retains sole and exclusive control, including but not limited to, of all irrigation and related structures associated with the Reservoir, including the inlet and inlet structures, outlet and outlet structures and all dams or dykes associated with the Reservoir. (c) It is understood and agreed that all oil, gas, mineral and all other rights are being reserved by Lessor. This Agreement shall not include nor interfere with said reservation nor with any existing or future leases of such rights or operations related thereto, including any oil or gad wells. (d) It is understood and agreed that in the event Lessor deems it necessary to drain the Reservoir for any reason to such a level that Lessee is unable to reasonably exercise its rights and privileges hereunder, this Agreement may be tolled at Lessee's option for that • period of time until the water level is restored to a reasonable level to allow Lessee to exercise its rights and privileges hereunder. It is understood and agreed that this provision does not apply to the normal changes in water level of• the Reservoir consistent with Lessor's normal and historic operations of its company but is intended to apply in situations of either extreme drought or unusual circumstances such as requirements for major repairs to the dam and outlet and other such exigent circumstances. In the event the lease is tolled pursuant to this provision, rent shall be adjusted on a pro rata basis, but the lease shall remain in effect. 6. Ingress 6 Egress. Lessee shall have the right to a non- exclusive easement for purposes of ingress and egress into the general area of the Reservoir points designated by Lessor and agreed to between the parties. Neither Lessee nor its permit holders shall have rights of ingress or egress to Lessor's property other than at such designated points. Points of ingress and egress and designated roads for Lessee's use shall be designated on the plans that will be attached hereto and incorporated herein by this reference. Lessee will have access to the leased areas from Weld County Road 74. Lebb66 may use Lhe ditch maintenance road from Weld Counter Road 21, however,- Looaoo and its permit holdcro will not be eutiLled Lo use other pestles of Lhe Lebsot 's maintenance roads-for access or any other non-emergency purposes. -3- 7 . Lessee's Obligations . Lessee will, at its expense: (a) Plan approval. Lessee will promptly apply for, pursue and secure all necessary approvals for its proposed plan and intended use of the Reservoir from all appropriate agencies or authorities, including planning and zoning board or county commissioner approval. Final approval by weld County or other governmental authorities with jurisdiction will be a condition precedent to this Lease. If Lessee is unable to secure all necessary permits and approvals by May 15, 1991, it will have the option to terminate this Lease, in which event the initial payment provided for in Section 4(b) will be refunded by Lessor to Lessee less $2,500 which may be retained by Lessor to cover its legal and administrative expenses incurred in connection with this matter. (b) Survey. Complete ' any required surveys . of the property and have the property properly staked and marked as to points of ingress and egress and the general beach area which will be used by its permit holders. (c) Plans. Provide Lessor with detailed plans, drawings and specifications showing its intended uses, areas of proposed use, post points of ingress and egress and all proposed improvements before any of the same are constructed or installed. All such improvements shall be subject to prior written approval of Lessor. Copies of all of said plans, drawings and related documents shall be attached hereto when completed and shall be deemed a part hereof. (d) Maintenance. Maintain at all times in a good state of repair and condition all of Lessee's improvements on the property and generally keep the property in good and clean condition. Lessee's maintenance obligations shall also include weed control in its designated areas of use, which shall be coordinated with Lessor. 8. Gasoline Storage. Lessee may install a gasoline fuel tank, up to a maximum size of 2,000 gallons, for the use of its permit holders at a location subject to Lessor's prior approval. This will be an above-ground tank and will be properly constructed according to all applicable regulations, including spill containment and impound areas. Said tank will not be on or near the water. This will be the sole source of fuel for the boats of Lessee's permit holders. No individual gasoline storage of any type whatsoever shall be permitted on Lessor's property, such as gasoline cans in vehicles, boats, etc. 9 . Clubhouse. Lessee may construct a shelter or clubhouse. -4- ca ^ ) -, 10. Food 6 Drink Sales. Sales of food and drink by Lessee to its permit holders is permissible provided all health department, licensing and related requirements are met. 11. Utilities. Lessor shall not be responsible for installing any utilities to the Reservoir for Lessee's use. All utilities, including main sources, taps and the like may be installed at Lessee's expense and with Lessor's prior approval as to location and design. Lessee understands that neither power (gas or electric) , treated water nor sewer services are available at the time of the execution of this lease. Lessee will provide Sewer and Sanitation facilities for its permit holders through either portable units, underground vaults or other means. All utilities and sewer facilities will be installed subject to and will meet all applicable health department and other regulations. Lessee will be responsible for the maintenance and operation of all such facilities. Lessee may use propane in lieu of natural gas as a source of fuel for buildings on the leased property. 12 . Buoys/Reservoir Use. Lessee agrees to install and maintain buoys or other similar devices near all areas of concentrated activities (such as. beaches, docks, camping areas and designated swimming areas) , all inlets, outlets, and dams and any other areas of the Reservoir which Lessor may designate from time to time. All such areas will be appropriately marked for "no wake" speed or "no boating, " as the case may be. i 13. Lessee's Improvements . (a) It is understood and agreed that Lessee plans to make certain improvements to Lessor's property in connection with the exercise of its rights pursuant to this Agreement. All of these improvements and maintenance thereof shall be at Lessee's sole expense. Lessee will have the right to begin construction of its planned improvements on the subject property prior to final approval of the proposed plan by Weld County; provided, however, that Lessee does so at its risk. If the lease is terminated due to denial of the application, Lessee shall promptly remove its property and restore Lessor's property to it§ condition at the inception of this lease. Any improvements not removed shall be deemed abandoned by Lessee and shall become the property of Lessor. In addition, Lessor shall not be obligated to refund the initial payment to Lessee until Lessor's property has been restored as contemplated by this section. (b) The improvements currently contemplated are: Access - Lessee will improve existing roads at approved access points (grading and gravel) . _5_ • cad c 6,• .. . • Beach - Beach areas will be constructed, including sand beach areas . - Boat Ramps & Boat Docks - General Picnic Areas with Tables, Barbecue pits, or shades and shelters, etc. - Sanitation Facilities - Trash Containers - Metal shop/building (approximately 45'x60' ) - Caretaker's dwellings (2 at 1,000-1,400 sq. feet) - Lessee will construct a fence according to Lessor's specifications around .the inlet to the Reservoir and will post that area with appropriate "Keep Out" or similar signs. (c) All such improvements must be authorized in advance, in writing, by Lessor. All such improvements must also meet all applicable building code; planning and all other applicable regulatory requirements. All Improvements are to be constructed in a consistent way in terms of general design, materials, color scheme and k appearance. Generally, earth tones are to be used with no structures over 25' in height, and the overall design scheme of the improvements will be aesthetically pleasing given the nature of Lessee's use and the general property surroundings. (d) At the - expiration of this lease or any extensions hereof, Lessee shall have the right to remove all of its Improvements. The removal of any such improvements by Lessee shall also include restoration and renovation, as necessary, of Lessor's property. Any improvements not so removed shall become the property of the Lessor upon the termination of this Agreement. (e) It is understood and agreed that all such improvements are to remain the personal property of Lessee during the term of this Lease and will not become the property of or owned by Lessor. Lessee shall be responsible for all taxes, insurance, maintenance and all other expenses and liabilities in connection with any such improvements it places, constructs or installs on Lessor's property pursuant to this Agreement. In the event any such improvements are taxed to Lessor as real property improvements, Lessee agrees to pay all taxes or other assessments thereon or to reimburse Lessor for same. -6- •" ^-v 14 . Rules and Regulations. (a) Lessee shall produce and publish rules and regulations which will be applicable to its operation of the Reservoir pursuant to this lease and which shall be applicable to all of its permit holders and their guests. A copy of Lessee's rules and regulations will be provided to Lessor and will be subject to Lessor's final written approval. When approved, Lessee's rules and regulations will be attached hereto and become a part hereof. On major holidays and summer weekends (Memorial Day--through Labor Day) Lessee shall have a full-time employee on the leased premises for purposes of supervision of its permit holders' use of the Reservoir and enforcement of its rules and regulations. (b) Enforcement - Lessee will be solely responsible for enforcement of its rules and regulations. (c) Cleaning - Lessee shall be responsible for all general site clean up, maintenance and trash removal. This will be done at the end of each weekend during the normal season and otherwise on an as needed basis or as requested by Lessor. 15. Permitted Uses. (a) The general uses contemplated by Lessee and permitted by Lessor will include the following: - Boating, canoeing and trolling The maximum size boats will be 23' (bow to transim as measured in the water) and all boats shall be subject to Lessee's rules and regulations. Pontoon boats are acceptable if they meet these limitations. - Water Skiing Including a slalom course in a designated area to be approved by Lessor - Swimming & general normal beach activities - Picnics - Fishing - Ice Fishing - Wind Surfing - Camping (b) Excluded uses - All uses not permitted hereunder shall be deemed to be not permitted and excluded. The following activities or uses are specifically excluded: - All-terrain vehicles (ATVs - 3 or 4 wheelers) - Snowmobiling - Jet Skis - Water Ski Jumps/Ramps - Hunting - Trapping In addition, Lessor reserves the right to exclude any other specific uses not included. Lessee agrees that no uses which violate any applicable laws or regulations will be permitted. Lessee further agrees that no loud, obnoxious or offensive uses, or any uses that could constitute a nuisance to adjoining property owners or cause damage to Lessor's property will be permitted. _. . 16. Permit holders. v (a) It is agreed that only authorized permit holders of Lessee shall be entitled to exercise their rights to the use of the Reservoir pursuant to this lease. (b) Lessee agrees to permit the directors, officers and designated legal counsel of Lessor to have Reservoir privileges as if they were permit holders, provided that all such individuals shall comply with Lessee's rules and regulations, including signing documents and taking other steps required of other permit holders. (c) It is understood and agreed that only permit holders of Lessee in good standing and those individuals designated in (b) above shall be entitled to membership privileges. The Reservoir shall not be open to the general public. (d) Lessor agrees that the lease of the surface recreational rights of the Reservoir to Lessee shall be exclusive and that no other similar lease of the Reservoir will be entered into with any other parties. 17 . Insurance/Indemnification. (a) Lessee agrees to obtain and maintain in force during the term hereof property and general public liability insurance from an financially sound insurance carrier, which shall be subject to Lessor's prior approval, to insure damage or injuries to property or persons. Lessor shall be named as a co-insured on such policy. A copy of such policy shall be furnished to Lessor upon the commencement of this lease, and annually thereafter. Said policy may not be terminated nor coverages modified without 30-days prior written notice to Lessor. Coverage amounts shall be not less than $100,000 for property damage, $1,000,000 per person and $1,000,000 per incident. The policy and coverages shall also be subject to approval by the Lessor. -8- c,,y. • I (b) Lessee further agrees to fully indemnify and hold Lessor harmless from all claims and liabilities which- might arise as a result of Lessee's use of the Reservoir pursuant to this Agreement. This indemnification shall also include all of Lessor's costs and reasonable attorney's fees incurred in connection with any such claims or liabilities. This indemnification shall also extend to any claims or liabilities resulting from the actions or inactions of Lessee's officers, directors, shareholders, permit holders or guests. (c) Lessee's obligations for provision of insurance and ^ indemnification as set forth in this section must be y enforced before Lessee commences any work on improvements on the leased Property. Lessee agrees to provide Lessor with a copy of the insurance policy(s) and declarations showing the coverages required. 18. Termination. Upon expiration of the term of this Agreement, Lessee agrees to surrender possession of the leased premises , to the Lessor without further demand or notice, provided that Lessee shall be allowed to remove its improvements as provided herein. 19 . Option. Provided there have been no prior defaults or breaches •by Lessee and that Lessee is not then in default, Lessor hereby grants to Lessee an option to extend this Agreement for an additional five-year term. Lessee's option is also conditioned on its satisfactory performance of all of its obligations during the first term of this lease. Lessee may exercise this option by giving Lessor written notice of intent by December 31, 1997. If Lessee exercise its option, the minimum base rent for the first option year shall be the greater of the rent for the immediate prior year or $40,000. Said amount shall be the minimum base rent for each year during the option term. This base rent amount shall then be subject to the same annual adjustment as provided for during the first seven-year term. 20. Breach. (a) Lessor's Breach - Upon breach by Lessor, Lessee shall have the right to terminate this lease and receive a pro rata refund for the current year's rent. Given the uncertainty and difficulty in ascertaihing actual damages which might result form Lessor's breach, Lessee will also be entitled to liquidated damages in the amount of $5,000. Lessee's right to terminate this Agreement and recover the stated liquidated damages shall be its sole and exclusive remedies. (b) Lessee's Breach - In the event of breach by Lessee of any of the terms or provisions hereof, Lessor shall -9- have the ,right, at its .option, to terminate this • Agreement and to retain all rents paid. Lessor shall also be entitled to recover all of its costs and damages resulting from Lessee's breach, including, but not limited to, costs of removal of Lessee's property, clean up and restoration and all other costs and damages. Due to the difficulty in ascertaining actual damages which might result form Lessee's breach, Lessor will also be entitled to additional liquidated damages in the amount of $10,000. Lessor's right to terminate this Agreement and recover the stated liquidated damages shall be its ._ sole and exclusive remedies. (c) Attorney's Fees and Costs - In addition to the specific remedies provided above, the non-breaching party shall be entitled to recovery of its reasonable attorney's fees and costs in connection with enforcement or as a result of any breach by the other parties, whether or not litigation is actually commenced. (d) Wavier - Any waiver of breach by a party shall not constitute a waiver of any subsequent breach. 21. Notices. Any notices required or implied hereunder shall be sent in writing by certified mail, postage prepaid, and return receipt requested, to the following, or to such other places as a party may designate in writing: To Lessor: Windsor Reservoir & Canal Company c/o Donn Engel, Secretary P. O. Box 206 Eaton, CO 80615 With a copy to: Timothy J. Dow, Esq. Anderson, Sommermeyer, Wick & Dow P. O. Box 2166 Fort Collins, CO 80522 To Lessee: Mr. Larry Eckel Windsor Recreational Properties, Ltd. , d/b/a Windsor Shores, Inc. P. O. Box 8236 Longmont, CO 80501 22 . Miscellaneous: (a) Assignability - This Agreement may not be assigned without the expressed prior written consent of Lessor. (b) Subleases and Pledges - Lessee shall not have the right to sublease any part of the property leased hereunder to any party without the prior written -10- CA1 . T,., approval of Lessor. In addition, Lessee shall not_ .have the - right to in any way pledge, collaterally assign or encumber this lease for any reason to any other party without the Lessor's prior written consent. The prior written consent of the Lessor for any assignment, sublease or pledge hereof shall be exercised solely at the discretion of Lessor. (c) Benefit - This Agreement shall be binding on and inure to the benefit of the successor and assigns of the respective parties hereto, subject to the restriction on assignment. (d) Governing Law - This lease shall be construed and enforced according to the laws of the state of Colorado. (e) Entire Agreement - This lease and all attachments hereto constitute the . entire agreement between the parties. All prior discussions, negotiations and agreements, if any, shall be deemed merged herein. (f) Modification - This Agreement may only be modified by a further written instrument signed by the parties hereto. No verbal modification shall be effective to modify the provisions hereof. (g) Jurisdiction and Venue - In the event of breach of this Agreement, the parties agree that jurisdiction and venue shall be exclusively proper in the Weld County, Colorado, District Court. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first indicated above. LESSOR: WINDSOR RESERVOIR 8 CANAL COMPANY By: (�/►p �. 1 (SEAL) Title. mod, 00„ ruh, LESSEE: '., ;• �.„j;j • •., , ` •,, WINDSOR RECREATIONAL PROPERTIES, �1; �:`)` \,, 1, ,) t w , d/ / DSOR SHORES, INC. ( , j( ..,"114,1ft ) % „ .. v ) ; ., ,' Larry Eckel, President cal Ir.".z . -11- .. SHOW CAUSE DATE: September 18, 1991 CASE NUMBER: ZCH-77 USR NUMBER: 943 OPERATOR PROPERTY OWNER Windsor Shores, Inc. Windsor Reservoir and Canal Company c/o Larry B. Eckel 106 Elm Avenue P.O. Box 8236 Eaton, CO 80615 Tim Dow, Attorney at Law P.O. Box 2166 Ft. Collins, CO 80522 LEGAL DESCRIPTION: Part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 74, west of Weld County Road 21. The Department of Planning Services' staff has the following concerns : 1) Condition of Approval #4 required evidence that the law enforcement authority has been created and is in effect prior to operating the facility. We have received no evidence of the creation of the authority and the facility is operating. 2) The plat was to be amended to show elimination of the Weld County Road 21 access and the relocation of some improvements due to wetlands. Inspection on September 16 showed a new road has been constructed from the south campsites, east and north for the northshore campsites . The road intersects with an oil and gas road which accesses Weld County Road 21. The access to Weld County Road 21 is specifically not allowed by the Use by Special Review. The gate at this access must be kept locked. 3) The applicant was to submit a screening plan to screen the boat storage area from Weld County Road 74. A screening proposal has been approved with the condition that an amended plat be submitted and a performance guarantee be approved by the Board of County Commissioners. The plat and performance guarantee have not been received. 4) Inspection showed an estimated 40 recreational vehicles camping and boating on the site. The entrance gate has been erected. The activity is not permitted until all of the above conditions have been satisfactorily completed. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners consider whether USR-943 should be revoked. CN1n `e.)— CASE SUMMARY WINDSOR SHORES c/o Larry Eckel ZCH-77 May 15, 1991 USR-943 approved by the Board of County Commissioners with seven conditions of approval and seventeen development standards. July 15, 1991 Inspection of property showed the recreational facility was being operated without recording of plat and without meeting conditions of approval. July 16 , 1991 Letter sent to Larry Eckel notifying him that the property must be brought into compliance within 30 days. August 2 , 1991 Larry Eckel called Lane11 Swanson. Discussion was held on the itees to be completed within the 30 days. August 19, 1991 Property was inspected. No progress is evident. None of the items required have been received. Letter sent to Larry Eckel and surrounding property owners scheduling Probable Cause Hearing for August 28 , 1991 at 9:00 a.m. August 21, 1991 Larry Eckel called Lane11 Swanson. Additional discussion was held regarding items which are not in compliance with approved USE-943 . August 28 , 1991 Probable Cause hearing held. Board of County Commissioners scheduled show cause for September 18. September 12, 1991 Corps of Engineers gives verbal okay on moving boat ramp. September 16, 1991 Inspection shows roads not completed. Work was progressing. A gate was open, providing access to Weld County Road 21, which is prohibited. Letter received from Corps of Engineers approving boat ramp. September 17, 1991 Use by Special Review plat received. (!r‘ mennORAnDum 44:1 -. Lanell Curry, Department ofTo Planning Services Date September 79 194 /Wilk �) COLORADO From Wes Potter. Director. Environmental Protection Services subject, Windsor Shores Dust Control Program The staff has reviewed the dust control plan submitted by Mr. Larry Eckl of Windsor Shores, Inc. for that facility. The staff finds the plan acceptable as submitted and approves of the proposal. It appears that the plan will be adequate to handle any potential fugitive dust from the site during operations. WP/lf-445 _ ; I- 1 . J �,r� sv DEPARTMENT OF THE ARMY 4 t i�!/��'t'ie\ CORPS OF ENGINEERS.OMAHA DISTRICT w '� ' 1 .k TRI-LAKES PROJECT OFFICE.93O7 STATE HWY 121 °�� LITTLETON,COLORADO 8O123-69O1 % 'odd °Sinn°t REPLY TO - --- ATTENTION OF September 13 , 1991 Denver Regulatory Office ; _ 051!G)c:1L,� ��CiEl IV NI 3r7 I� .Ayr1 _ Mr. Larry B. Eckel I�•____ _ 11 Windsor Shores, Inc. V ! sr.;. -• . • P .O. Box 8236 Longmont, CO 80501 RE: Nationwide Permit No. 199176692 Dear Mr. Eckel : Reference is made to your letter dated August 5 , 1991, concerning the relocation of a failed boat ramp and a breakwater at Windsor Reservoir located in Section 34 , Township 7 North, Range 67 West, Weld County, Colorado. The original application was processed as number CO-91-80 and the work was authorized by Nationwide Permit 26 on April 23 , 1991. Based on the recent information provided, this office has determined that the proposed ramp and breakwater relocation, 800 to the north, will not impact additional wetlands. The failed ramp will be removed. The breakwater was not constructed this year and does not have to be removed. Therefore, the proposed work is still authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330 . 5 (a) (26) . Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the Special Conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army Permit will not be required for the project, this does not eliminate the requirement that other applicable Federal, State, or Local Permits be obtained as required. Please note that deviations from the original plans and specifications of the project could require additional authorization from this office. Should at any time it become evident that either an endangered species or its critical habitat exist within the project area, this office must be immediately notified. This verification will be valid until the nationwide permit is modified, reissued, or revoked- All the nationwide permits are scheduled to be modified, reissued or revoked prior to 13 January 1992 . It is incumbent upon you to remain informed of changes to the nationwide permits . We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity Page 2 Permit No. 199176692 before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at (303) 979-4120 or 4121 and reference Nationwide Permit Number 199176692 . Sincerely, TIM HY T. EY Project Manag Encl cc: Ms. Lanell Swanson 01 .n .-ag-,.p DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000.EXT.4400 915 10th STREET GREELEY,COLORADO 80631 111 C. COLORADO September 13 , 1991 Larry B. Eckel Windsor Shores, Inc. P.O. Box 8236 Longmont, CO 80501 Dear Mr. Eckel: The Department of Planning Services' staff has considered your screening proposal for the boat storage area at the Windsor Shores recreational facility. The staff has determined that for screening to be adequate additional New Mexico Privets should be provided between the Cottonwoods and between the Poplars . The staff recommends five Privets be placed between each sec of Cottonwoods . Ten Privets should be placed along the area where the Poplars will be placed. The staff estimates the total project could be installed for around $3500. As I understand it, you are currently pursuing the acquisition o£ some type o£ performance guarantee. The form and amount of the performance guarantee will have to be approved by the Board of County Commissioners. Please let me know if you have any questions . Sincerely, (-2fl Lanell J . Sbfanson Current Planner LJS/sfr INSPECTION REPORT NAME: WINDSOR SHORES LEGAL DESCRIPTION OF PROPERTY: PART OF SECTIONS 27, 28 , 33, AND 34, T7N, R67W, AND PART OF SECTIONS 3 AND 4, T6N, R67W OF THE 6TH P.M. , WELD COUNTY, COLORADO. DATE: SEPTEMBER 16, 1991, A.M. CASE NUMBER: ZCH-77 INSPECTION WITH DREW SCHELTINGA, COUNTY ENGINEER, SHOWED THE FOLLOWING: THE ROADS ARE CLEAR AND BLADED, BUT ARE NOT COMPLETE. PIT RUN HAS BEEN PLACED ON THE ROADS, BUT THERE WERE WET AREAS. TRUCKS WERE HAULING WHEN WE WERE THERE AND WERE PLACING PIT RUN. SOME OF THE AREAS HAVE NO GRAVEL. TURN AROUNDS HAVE NOT BEEN COMPLETED. NO ROADS HAVE BEEN INSTALLED WEST OF THE ENTRANCE AND NO ROADS HAVE BEEN INSTALLED INTO INDIVIDUAL CAMPSITES. THE ROAD WHICH CONNECTS TO THE NORTH SHORE INTERSECTS WITH AN OIL AND GAS ROAD WHICH ACCESSES TO WELD COUNTY ROAD 21. THE GATE ON THIS ROAD MUST BE KEPT LOCKED TO PREVENT ACCESS TO THE RECREATIONAL FACILITY. INSPECTION AT APPROXIMATELY 4:00 P.M. SHOWED THE ROADS COMPLETED EXCEPT FOR THOSE WEST OF THE ENTRANCE. LARRY ECKEL WAS WORKING ON COMPLETING THOSE. LANELL J. `SWANSON CURRENT PLANNER tt1 ^*T INTERNAL CASE MEMORANDUM T0: File FROM: Lane11 S. Swanson, Current Planner NAME: Windsor Shores LEGAL DESCRIPTION OF PROPERTY: Part Sections 27, 28, 33 , and 34, T7N, R67W, and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. DATE: August 2, 1991 CASE NUMBER: ZCH-77 I spoke to Larry Eckel today. He said the roads will be completed 2 weeks from today. He said he is working on completing the other items which were to be taken care of prior to operation. He said he would talk to Lee Morrison regarding the Law Enforcement Authority. INSPECTION REPORT NAME: WINDSOR SHORES LEGAL DESCRIPTION OF PROPERTY: PART OF SECTIONS 27, 28, 33 , AND SECTION 34, T7N, R67W, AND PART OF SECTIONS 3 AND 4, T6N, R67W OF THE 6TH P.M. , WELD COUNTY, COLORADO DATE: AUGUST 19 , 1991 CASE NUMBER: ZCH-77 INSPECTION OF THIS PROPERTY ON SATURDAY, AUGUST 17, AND REVIEW OF THE FILE SHOWED THE FOLLOWING: 1) CONDITION OF APPROVAL #1 REQUIRED THE PLAT TO BE IN OUR OFFICE AND READY FOR RECORDING WITHIN 15 DAYS OF MAY 15, 1991. THE PLAT HAS NOT BEEN DELIVERED TO OUR OFFICE. 2) CONDITION OF APPROVAL #2 STATED THAT THE ACTIVITY SHALL NOT OCCUR UNTIL THE PLAT IS READY TO BE RECORDED. THE RECREATIONAL FACILITY WAS STILL OPERATING WHEN INSPECTED ON SATURDAY. 3) CONDITION OF APPROVAL #3 REQUIRED AN AMENDMENT TO THE PLAT PRIOR TO RECORDING, SHOWING A 50 FOOT RIGHT-OF-WAY RESERVATION NORTH OF THE CENTERLINE OF WELD COUNTY ROAD 74. THE PLAT HAS NOT BEEN DELIVERED TO US . 4) CONDITION OF APPROVAL #4 REQUIRED EVIDENCE THAT THE LAW ENFORCEMENT AUTHORITY HAS BEEN CREATED AND IS IN EFFECT PRIOR TO OPERATING THE FACILITY. WE HAVE RECEIVED NO EVIDENCE OF THE CREATION OF THE AUTHORITY AND THE FACILITY IS OPERATING. 5) PRIOR TO RECORDING THE PLAT, THE APPLICANT WAS TO SUBMIT EVIDENCE TO US THAT A DUST CONTROL PLAN HAS BEEN APPROVED FOR THE INTERNAL ROADS BY THE WELD COUNTY HEALTH DEPARTMENT; THE PLAT WAS TO BE AMENDED TO SHOW ELIMINATION OF THE WELD COUNTY ROAD 21 ACCESS AND THE RELOCATION OF SOME IMPROVEMENTS DUE TO WETLANDS; THE APPLICANT WAS TO SUBMIT EVIDENCE TO US THAT THE WELD COUNTY ENGINEERING DEPARTMENT HAS APPROVED A DETAILED ENTRANCE DESIGN FOR THE ENTRANCE FROM WELD COUNTY ROAD 74; THE APPLICANT WAS TO SUBMIT A SCREENING PLAN TO SCREEN THE BOAT STORAGE AREA FROM WELD COUNTY ROAD 74. WE HAVE RECEIVED NO EVIDENCE OF COMPLETION OF THESE ITEMS. 6) DEVELOPMENT STANDARD #8 REQUIRED A BATHROOM FOR THE PROPOSED FACILITY. WE HAVE NO EVIDENCE THIS HAS BEEN INSTALLED. 7) DEVELOPMENT STANDARD #10 REQUIRED INTERNAL ROADS TO BE A MINIMUM OF 16 FEET WITH A MINIMUM 80 FOOT OUTSIDE DIAMETER FOR TURNAROUND POINTS. THE ROADS DO NOT APPEAR TO BE FORMALLY CONSTRUCTED. 8) INSPECTION SHOWED AN ESTIMATED 30 RECREATIONAL VEHICLES CAMPING AND BOATING ON THE SITE. THE ENTRANCE GATE HAS BEEN ERECTED. THE ACTIVITY IS NOT PERMITTED UNTIL ALL OF THE ABOVE CONDITIONS HAVE BEEN SATISFACTORILY COMPLETED A-1"-N--(i„.,- )----Ic -LAN1 LL J . SWA4}SON 01 d-7.2-- CURRENT PLANNER INTERNAL CASE MEMORANDUM T0: Case File FROM: Lanell J. Swanson, Current Planner NAME: Windsor Shores LEGAL DESCRIPTION OF PROPERTY: Part of Sections 27 , 28, 33, 34, T7N, R67W and part of Sections 3 , 4, T6N, R67W of the 6th P.M. , Weld County, Colorado DATE: August 21, 1991 CASE NUMBER: ZCH-77 Larry Eckel called. He said they have been forced to move the boat ramp 250 feet due north. The original ramp sunk. I told him to write us a letter asking if this will be considered a major change to the Special Review permit. He will submit the entrance design to Drew. He said the roads are 60% done and should be completed in 10 days. We went over the other items that have not been done. CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number ZCH-77 for Windsor Shores, Inc. , c/o Larry B. Eckel in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 19th day of August, 1991. �)- NnclAV-i\IV f— Oil 1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property' 28 33 34-"1-(p-1 { &a-4. • 4 • (y .(,Q'7 STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. )%4 tee. /24#`. The foregoing instrument was subscribed and sworn to before me this rt day of ( try -� 19L�I . WITNESS my han and official seal. My Commission expires: M9 mpq iSiii mprps Odster 15, 1994SC i. " U1A6 • Notts u Y : . \ lo � Ct ' r 1 .1 SURROUNDING PROPERTY OWNERS SURFACE ESTATE AND/OR INTEREST OWNERS Windsor Shores, Inc. c/o Larry B. Eckel USR-943 George and Mildred Nelson 8373 Weld County Road 78 Ft. Collins, CO 80521 K & M Company 3201 Shore Road Ft. Collins, CO 80524 William and Susan Lake 3 Greenridge Road Englewood, CO 80110 Richard and Joanne Schlagel 36835 Weld County Road 21 Windsor, CO 80550 George A. Nelson Farm, Inc. 8088 Weld County Road 78 Ft. Collins , CO 80521 Emerson and Mae Cullison 608 35th Avenue Greeley, CO 80634 Jeffrey M. Donaldson P.O. Box 1312 Ft. Collins, CO 80522 Stephen Weddle 36685 Weld County Road 21 Windsor, CO 80550 Francis M. Brownell c/o E.B. Brownell 2204 Peggy Drive Worland, WY 82401 Eaton Law Reservoir Company c/o Ed Lind 10750 Weld County Road 74 Windsor, CO 80550 Allen and Donna Kling 1208 Kirkwood Drive Ft. Collins, CO 80525-1969 dA ! .v r.,rs . SURROUNDING PROPERTY OWNERS SURFACE ESTATE AND/OR INTEREST OWNERS Windsor Shores, Inc. , c/o Larry B. Eckel USR-943 Paul and Florence Lind 9672 Weld County Road 74 Windsor, CO 80550 John and Wendy Houstoun 8962 Weld County Road 74 Windsor, CO 80550 Windsor Farms, Inc. Box 60 Milliken, CO 80543 STATE OF COLORADO ) ) ss COUNTY OF WELD ) We, the undersigned Board of Canvassers of the election returns for the County of Weld in Colorado, do hereby certify that the Abstract of all votes cast at the Windsor Shores Law Enforcement Authority Election, held pursuant to the Mail Ballot Election Law, in said County on Tuesday, the 29th day of October, 1991, was as follows: Total number of qualified voters was o2 Total number of ballots cast: Yes ,2 No IN TESTIMONY WHEREOF, we, the members of the Board of Canvassers for the Windsor Shores Law Enforcement Authority Election, have hereunto set our hands and seal this 30th day of October, 1991. MARY ANN FEUERSTEIN FRANCIS M. LOUSTALET WARREN L. LASELL Clerk and Recorder Treasurer Assessor Weld County, Colorado Weld County, Colorado Weld County, Colorado C>, fw Nus 2 > 1991 Windsor Shores , Inc. t`�• _ "� :..3 P . O. Box 8236 Longmont , CO 80501 August 22 , 1991 Lanell J . Swanson Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re : Windsor Shores , Inc. USR 943 Dear Ms . Swanson: As we discussed on the phone I am writing to ask your opinion of moving the boat ramp 750 feet due north of the site that was originally projected . The reason for this request is the first site proved to have soils unable to support a ramp . If this move is considered a major change and require an additional hear- ing then other construction methods will be studied before such a move is made . If on the other hand approval for the change can be made on a staff level the change would be made on the basis of economics . Enclosed you will find copies of the drawings that were submitted to Dtew Scheltinga regarding the facility entrance from Weld County Road 74 and the submittal to Wes Potter regarding the dust control program we propose and my request that he advise you of his approval of the same . Also enclosed is the drawing of the landscape screening of the boat storage area . Please review and advise if you would like any change or addition to the drawing . The Law Enforcement Authority was discussed with Lee Morrison again this afternoon. He advises that the Board decided not to include Windsor Shores in the Antelope Hills Authority and a separate Law Authority needs to be established and will require an election that can not be held for 60 to 90 days . In the interim he suggests that it is adequate for us to continue with the private patrol service as we have been doing and he will take the steps necessary to hold the required special election. He indicated he would discuss this with you as soon as possible . If there are additional matters that need to be addressed please advise me as soon as possible and every effort will be made to see to them as quickly as possible . Sincerely , "1 Larry B . Eckel , President Windsor Shores , Inc . _ ,,c QrtorcR-hi ZauwdArti D £zlST/NG FENCE. 0 0 o `C O (4a ( o .?' �° .„,.,� C� 0 0 • Q o a a 0 0 do x Q O IC . ® a w Lt" .e NURY14 o cis SeALE 1 " = 150' o� J W o c` c o ® BolleNa BF14a , (v - 8'-i0' X (_ Q14Ints SEEd`ess COiiON wood )4 - 1 "-4 ( 1/z." C4. ' C mO clew hiegicoRt;ct 21 • 5gAl• p W Ross is olivE, 3 - 1 %." CM. O 4 - Exisfi'N, 15' ha,yht e , CtS e• • W►KcSOe S�02ES O p- Ov Rec2P4Ci0NAL. - cl l/lit ti-CR Rii • o pi 1 r� „f, ,1 ^1T T i4 1W H+ .,l+n1(WIc co A/ ,n, is I .T]� .'l Windsor Shores . Inc . P . O . Box 8236 Longmont , CO 80501 August 22 , 1991 Mr . Wes Potter Weld County Health Department 1516 Hosptial Road Greeley, CO 80631 Re; Windsor Shores Inc. Weld County USR 943 Dear Sir : This letter is to request your approval of a dust control program for the above recreational facility. It is our intention the ris our intentionitomusebe a 2 , 500 gallon water truck to spray needed to eliminate as dust from vehicle traffic is the interior roads of the property. More than adequate it in available the lake . This unit is also used at our gravel p Larimer county for the same purpose . If this program meets with your approval I would appreciate it if you would forward a memo to Lanell J . Swanson at Weld County Plan- ing advising her . Enclosed is the engineering completed by Gerald McRae of McRae & Short , Inc . ; Greeley , CO for the Evapo-transpiration system that is needed for the caretaker residence. An per application mit number isas9submitted earlier and the required fee paid . e After talking with your office it has been decided that two units using the precast vaults available from Agular Concreteiin avans unit will be installed for the use of persons not equipped that is self-contained . We will apply for the proper permits as soon as that phase of construction can begin. As indicated by Mr . McRae ' s letter , all the design , construction and installation of these units will conform to the regulations of the Weld County Health Department . Should you need to contact me my phone is 447-2594 . S ' nc el�`��^�. Larry B . Eckel , President Windsor Shores , Inc . LBE/cs t � o Q' V In � _I o Q „ Z N it I-. J ‘ -.4 W o __IQ - 1a- LaZ LL-1 O `J � a Z \ Lel W Q Y Y a ? W k 3 9. k.- 3 r_ �t a 2 eC 1, N' r, ci i -2- i �3� - LA Q. et ou,,Lie \ O � s \ C- . a — t y � .0 � 01. tc v O J 0 2 W % 3 \ \ s, \ i a a �s r \ %.1) �d \ v \ -c4' INTERNAL CASE MEMORANDUM T0: File FROM: Lanell J. S anso , Current Planner NAME: Windsor Shores, Inc. LEGAL DESCRIPTION OF PROPERTY: Part of Sections 27, 28, 33, and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. DATE: August 27, 1991 CASE NUMBER: ZCH-77 Drew Scheltinga has informed me the entrance design is adequate. He is sending a memo to that effect. 011 c;,,,y.'" INTERNAL CASE MEMORANDUM T0: File FROM: Lanell J. Swanson, u rent Planner NAME: Windsor Shores LEGAL DESCRIPTION OF PROPERTY: Part of Sections 28, 33, 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. DATE: August 28, 1991 CASE NUMBER: ZCH-77 The Weld County Health Department has informed me they have not had time to review the submittals they received from Larry Eckel. The Department of Planning Services' staff reviewed the boat storage area screening plan at our August 27 , 1991 staff meeting. More information is needed, including: more detail on plant spacing; maintenance and replacement plans; estimate of costs; and performance guarantee. 01 x r..,9. P 387 472 721 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL WINDSOR SHORES, INC. c/o LARRY ECKEL P.O. BOX 8236 LONGMONT, CO 80501 Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N . m Return Receipt showing to whom. Date,and Address of Delivery u j TOTAL Postage and Fees 5 0 O Postmark or Date OD Cl wept . 31 491 N a Heiuin9 4 IP��91 SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. following services (for an extra • Complete items 3, and 4a& b. • Print your name and address on the reverse of this form so fee): that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2, ❑ Restricted Delivery • Write "Return Receipt Requested" on the mailpiece next to the article number. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 38Z 412 'ha! 4b. Service Type WINDSOR SHORES, INC. ❑�,�Registered ❑ Insured LK c/o LARRY ECKEL l:ertified ❑ COD P.O. BOX 8236 ❑ Express Mail ❑ ' urn Receipt for rchandise LONGMONT, CO 80501 7. Da 5. Sig 8. Addressee's Address(Only if requested ��1Lb�S�—S•�C�/�/ and fee is paid) 6. Si a e ( gent) 9- �/- 9/ PS Form 1 , October 1990 ou.e.GPO:1990-273-861 DOMESTIC RETURN RECEIPT O.1 1 c..,.y, ,, rs ccn ^• • I OL .,. . TO i September 24, 1991 To: '+rr'eld County Planning Department Re: Windsor Shores This letter is intended to show some of the unsanitary and potentially dangerous activities which have been going on at Windsor Shores since April 17 of this gear. The enclosed. photographs were taken on September 10, directly after the Commissioners' Show Cause meeting, at which meeting Mr. Eckel stated that there were no trailers dumping sewerage on the ground or that there had been any open fires. These photos will show that Mr. Eckel either makes totally false statements about the activities, or is completely out of touch with what goes on at the site. Photos * 1 #2 :3 & #4 clearly shows the open fires that pose a considerable fire hazard to the surrounding dry areas. Photos 4`5a & #5b shows a full pit of waste leaching into the soil while #6 thru '°`` 1 1 show six other trailers using the same method for ..disposal". Photos * 12 & * 13 show the same method of dumping only using a hose. Photos # 14 thru * 16 illustrates a particularlg offensive method which contributes to the " sewer smell " of the area. Notice how the human waste is first collected into the respective bucket and trash cans; ! cannot imagine that these same people would then place their waste cans into their car and then dispose of them properly.... I would imagine that the area these cans are being dumped on could be found within easy walking distance from the trailer. Photo # 17 shows a group of seven separate trailers that are supposed to be on their own lots!? I would question whether or not there is appropriate space for these trailers. In summation, 1 would just like to express my concern, and even more so, my sadness that an operation such as Windsor Shores would be allowed. I feel that Weld County is setting a bad precedent to allow what is , in essence, a trailer park to be set up With almost no restrictions to the health and welfare of the surrounding areas. I believe that these problems are only the beginning of what will prove to be a case of a "bad neighbor". I strongly urge the Planning Department to continue the Show Cause Hearings with the Commissioners and to pursue the revocation of Windsor Shores' permit. Sincerely, cr. 'Meld County Commissioners � John Houst oun PL0837 911327 SEE ORIGINAL FILE FOR PHOTOS Hello