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Home My WebLink About911047.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT 11943 - WINDSOR SHORES, INC. , C/O 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 August 28, 1991, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Windsor Shores, Inc. , c/o Larry B. Eckel, was in compliance with certain Conditions of Approval and Development Standards contained in Special Review Permit 11943, and WHEREAS, the alleged violations were said to be occurring on property described as part of Sections 27, 28, 33 and 34, Township 7 North, Range 67, and part of Sections 3 and 4, Township 6 North, Range 67, all West of _ the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board, after hearing testimony from the Planning Department, finds that pursuant to the Standard in the Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not the Special Review Permit issued to Windsor Shores, Inc. , c/o Larry B. Eckel, should be revoked for failure to comply with certain Conditions of Approval and Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not the Special Use Permit issued to Windsor Shores, Inc. , c/o Larry B. Eckel, should be revoked. BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board at said Show Cause Hearing is whether or not the permit holder is in compliance with the following: Condition of Approval 111: The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. PL0837 911047 pk © g 3 '7 ; Ph , di , IA1 ) 4if• Page 2 RE: SET SHOW CAUSE - WINDSOR SHORES, INC. Condition of Approval 112: 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. Condition of Approval #3: Prior to recording, the Special Review Permit plat shall be amended to show a 50-foot right-of-way reservation north from the centerline of Weld County Road 74. Condition of Approval #4: Prior to operating the facility, the applicant shall provide evidence to the Department of Planning Services that the required law enforcement authority has been created and is in effect. Condition of Approval #6: A. The applicant shall submit evidence to the Department of Planning Services that the Weld County Health Department has approved a dust control plan for the internal roads. B. The plat shall be amended to show the elimination of the access from Weld County Road 21 to the camping sites and the changes in the location of the campsites and boat ramp because of the wetlands areas. C. The applicant shall submit evidence to the Department of Planning Services that the Weld County Engineering Department has approved a detailed entrance design for the entrance from Weld County Road 74. D. The applicant shall submit a screening plan to screen the boat storage area from Weld County Road 74. The screening plan shall be reviewed and approved by the Department of Planning Services staff. 911047 Page 3 RE: SET SHOW CAUSE - WINDSOR SHORES, INC. Development Standard 118: Bathrooms, with adequate toilet facilities serviced by an approved sewage disposal system, are required for the proposed facility, and the systems shall be installed according to the Weld County Individual Sewage Disposal Regulations. Development Standard 1110: The internal roads shall be a minimum of 16 feet in width with a minimum 80-foot outside diameter for turnaround points. Development Standard 1117: 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. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be September 18, 1991, at or about 10:00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D. , 1991. sea4,4BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNT , OLO DO Weld County Clerk to the Board Gordo acy, irman • By: , Deputy Clerk to the Bo rd G rge Kenne y; Pro-Tem APPROVED AS TO FORM: EXCUSED Constance L. Harbert / Z �� ounty Attor ey C. W. Kir y b 1 / 02X W. H. Webster 911047 PROBABLE CAUSE DATE: August 28, 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 Longmont, CO 80501 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 It is the opinion of the Department of Planning Services' staff that the following conditions, as approved for USR-943 are not in compliance: 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 is in operation. 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. 911047 C? ^rr0 •W Windsor Shores August 28, 1991 Page 2 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. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on September 18, 1991, to consider revocation of USR-943. CAI I 4" qy,...a CASE SUMMARY WINDSOR SHORES C/0 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 Lanell Swanson. Discussion was held on the items 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 Lanell Swanson. Additional discussion was held regarding items which are not in compliance with approved USR-943. C1 _€ Rr)--9 t DEPARTMENT OF PLANNING SERVICES T PHONE(303)356.4000. EXT.4400 915 10th STREET ' GREELEY.COLORADO 80631 C. COLORADO August 19 , 1991 T0: SURROUNDING PROPERTY OWNERS Subject: ZCH-77 NAME: Windsor Shores, Inc. , c/o Larry B. Eckel FOR: A Private Recreational Facility LEGAL DESCRIPTION: Part of Sections 27, 28, 33, and 34, T6N, 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. A Probable Cause Public Hearing is scheduled before the Weld County Board of County Commissioners on Wednesday, August 28, 1991, at 9:00 a.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR-943 for compliance with the Conditions of Approval and Development Standards as approved by the Board of County Commissioners on May 15, 1991, to determine if probable cause exists to hold a hearing on revocation of USR-943. You are receiving this notification because your property is within five-hundred (500) feet of the property being reviewed. All persons in any manner interested are requested to attend and may give testimony pertaining to and the uses occurring on the approved site. For additional information write or telephone, Lanell J . Swanson, Current Planner. Ly Ay c.,,y ., /lc k\ tit-1', DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 Nip 91510th STREET GREELEY,COLORADO 80631 COLORADO August 19 , 1991 Windsor Shores, Inc. , c/o Larry B. Eckel P.O. Box 8236 Longmont, CO 80501 Subject: ZCH-77 and USR-943 Dear Mr. Eckel: Notice is hereby given that on Wednesday, August 28, 1991, at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number ZCH-77 for compliance with the Conditions of Approval and Development Standards as approved by the Board of County Commissioners on May 15 , 1991 to determine if probable cause exists to hold a hearing on revocation of USR-943. Inspection by representatives of this office have identified that you are not in compliance with Conditions of Approval and Development Standards of USR-943 . If it is determined at the public hearing that there is probable cause that you are not in compliance with the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, (17)f.74-^r•-{,(--(c..-4- �-�J�r Lanell S . Svanson Current Planner 1JS/sfr pc : Windsor Reservoir and Canal Company 106 Elm Avenue Eaton, CO 80615 Tim Dow, Attorney at Law P.O. Box 2166 Ft. Collins , CO 30522 a i �.7 y 4 r _ Y ,, 2 , , ti,„/ DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 lung C. REELEY, 915 10th STREET G COLORADO 80631 COLORADO July 16 , 1991 Windsor Shores Inc. , c/o Larry B. Eckel P.O. Box 8236 Longmont, CO 80501 Subject: USR-943 and ZCH-77 Dear Mr. Eckel: An on-site inspection of your property was conducted on July 15, 1991, to determine if the Conditions of Approval and the Development Standards placed on your property at the time USR-943 was approved by the Board of County Commissioners are in compliance. The inspection revealed violations of Conditions of Approval #1, 2, 3, 4, 6, and 7, and Development Standards #8 , 10, 12, 13 , 14, 16 , and 17. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Conditions of Approval and the Development Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. \/Sincerely, Lanell J. Swas td son Current Planner L7S/sfr enclosures pc: Windsor Reservoir and Canal Company 106 Elm Avenue Eaton, CO 80615 Tim Dow, Attorney at Law P.O. Box 2166 Ft. Collins , CO 80522 C11 1 '7;n:,.a INSPECTION REPORT NAME: WINDSOR SHORES LEGAL DESCRIPTION OF PROPERTY: PART OF SECTIONS 27, 28 , 33, AND 34, T7N, R67W, AND PART OF SECTION 3 AND 4, T6N R67W OF THE 6TH P.M. , WELD COUNTY, COLORADO. DATE: JULY 15 , 1991 CASE NUMBER: ZCH-77 INSPECTION OF THIS PROPERTY ON JULY 15 AND REVIEW OF THE CONDITIONS AND DEVELOPMENT STANDARDS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS 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 STATES THAT THE ACTIVITY SHALL NOT OCCUR UNTIL THE PLAT IS READY TO BE RECORDED. THE RECREATIONAL FACILITY IS OPERATING. 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. NONE OF THESE ITEMS HAS BEEN ADDRESSED. 6) DEVELOPMENT STANDARD #8 REQUIRES A BATHROOM FOR THE PROPOSED FACILITY. WE HAVE NO EVIDENCE THIS HAS BEEN INSTALLED. 7) DEVELOPMENT STANDARD #10 REQUIRES 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 AT LEAST 30 RECREATIONAL VEHICLES CAMPING ON THE SITE. THE ENTRANCE GATE WAS BEING ERECTED. NONE OF THIS ACTIVITY IS PERMITTED UNTIL ALL OF THE ABOVE CONDITIONS HAVE BEEN SATISFACTORILY COMPLETED. 1. LANELL J . SWANSON CURRENT PLANNER Chi '° c•; ,"' Hello