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Home My WebLink About911089.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 11943, issued to Windsor Shores, c/o Larry B. Eckel, and WHEREAS, Larry B. Eckel is operator, and Windsor Reservoir and Canal Company is owner of said facility, located on property 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, Mr. Eckel was present, and WHEREAS, the Board heard all of the testimony offered concerning this matter and, having been fully informed, deems it advisable to continue said matter to November 4, 1991, at 9:00 a.m. to allow the Permit holder time to comply, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning Windsor Shores, Inc. , c/o Larry B. Eckel be, and hereby is, continued to November 4, 1991, at 9:00 a.m. BE IT FURTHER RESOLVED by the Board that Mr. Eckel be, and hereby, is allowed until November 4, 1991, to come into compliance with Special Use Permit #943, or said Permit shall be revoked. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of September, A.D. , 1991. Ligailia,,tat BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUN Y, OLORA Weld County Clerk to the Board Gor cy, C 'rman -Deputy Clerk to the Board Geor a Kenn , Pro-Tem -,=z--\ APPROVED AS FORM: 1 ".-7Jea-Te Constance L. Harbert �j ounty Attorney C. W. Kir y ti b 1 f Vi W. H. Webster /� p J PL0837 Pk oS 3 2 CGi fit,, pi_ p-PP HA& FILE / -040 911089 HEARING CERTIFICATION DOCKET N0. 91-49 & DOCKET N0. 91-51 RE: CREATION OF WELD COUNTY WINDSOR SHORES LAW ENFORCEMENT AUTHORITY AND SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT /#943 - WINDSOR SHORES, INC. , C/0 LARRY B. ECKEL A public hearing was conducted on September 18, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem - Absent Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Bruce Barker Planning Department representative, Lanell Swanson Health Department representative, Wes Potter The following business was transacted: I hereby certify that pursuant to a notice dated August 28, 1991, and duly published August 29, September 5 and 12, 1991, in The New News, a public hearing was conducted to consider the creation of the Windsor Shores Law Enforcement Authority; and 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. Bruce Barker, Assistant County Attorney, made Docket No. 91-51 a matter of record. Let the record reflect that Commissioner Kennedy is now present. Chairman Lacy said that since one of the alleged violations against Windsor Shores concerns the creation of a law enforcement authority, the matters would be considered together. Mr. Barker made Docket No. 91-49, a matter of record. Lanell Swanson, Planning Department representative, read the still existing violations into the record. Larry Eckel, operator of Windsor Shores, Inc. , addressed the concerns of the Planning staff stating that a bond for $3500 would be in place by Friday. Ms. Swanson questioned whether it would be a bond or a letter of credit. Mr. Eckel said it would be a letter of credit from First Security Bank in Fort Morgan. Commissioner Harbert questioned why Mr. Eckel allowed activity on the property before all Conditions were met. Mr. Eckel explained there have been several delays, and he misunderstood the restriction. He said he has discussed the law enforcement authority with the County Attorney's staff, and he is willing to work with the surrounding landowners. In response to a question from Commissioner Harbert, Mr. Eckel said he is having signs made to keep people off the road used by the oil company. Mr. Barker explained the publication of the law enforcement authority has been done and reviewed the procedure to be followed. A draft Resolution has been presented to the Board for consideration, stating the intent to create the Windsor Shores Law Enforcement Authority, as well as setting the election for the date of October 29, 1991. The election would be by mail ballot. Mr. Barker stated concerns about the specifics of the metes and bounds of the property. He suggested including the entire area owned by Windsor Reservoir and Canal Company. After further discussion, Mr. Barker said the west shore is not leased by Mr. Eckel, but he has agreed to pay the cost for the Company. Commissioner Webster said extending to the west would better protect the neighbors. Mr. Eckel said it would also protect him from trespassers onto the Windsor Shores property. Commissioner Harbert asked Mr. Barker if the proposed Resolution was sufficient. Mr. Barker said it had been reviewed by staff, and his only concern is the legal description, because it is not enough for the Clerk and Recorder and the Assessor. Commissioner Kirby questioned who would be billed for the law enforcement authority if Windsor Shores' lease expired. 911030 911089 Page 2 RE: HEARING CERTIFICATION - CREATE WINDSOR SHORES LEA & SHOW CAUSE Mr. Barker said an agreement needs to be done between Mr. Eckel and the Company. Mr. Eckel said the attorney for the Windsor Reservoir and Canal Company is currently drafting such an agreement. Commissioner Harbert asked if the law enforcement authority would be rescinded if the lease expired. Mr. Barker said the Company, Windsor Shores, and possibly Mr. Eckel, would have to vote on that decision. He said the Company would be responsible until rescinded by the Board. Commissioner Kirby questioned the basis for establishing the cost of the authority. Mr. Barker said Donald Warden, Finance and Administration Director, has handled that in the past and explained the procedure. In response to a question from Commissioner Harbert, Ms. Swanson said she is satisfied with the effort to come into compliance. She explained the three things still not in compliance. (Change to Tape 1191-27) John Houstoun, surrounding property owners, stated concerns about the facility and asked questions of the Board and staff. Wes Potter, Health Department representative, spoke in response to Mr. Houstoun's concerns about the septic system and said all aspects of the facility are in compliance. There was some discussion about the proposed dump site for the recreational vehicles. Mr. Eckel responded to Mr. Houstoun's concerns about fires, and he said the dump site will be in by April 1, 1992. After further discussion, Chairman Lacy suggested considering the law enforcement authority issue first. Mr. Barker responded to a question from Mary Ann Feuerstein, Clerk and Recorder, concerning the date of the election. Commissioner Kennedy moved to set the date for the law enforcement authority election as October 29, 1991, with Commissioner Webster seconding said motion. Mr. Barker said, to comply with State statute, the law enforcement needed to be authorized and the proposed Resolution adopted. Commissioners Kennedy and Webster agreed to said amendment to the motion, which carried unanimously. There was discussion concerning the access gate for the oil company and the performance guarantee. Commissioner Kirby suggested continuing said hearing to allow Mr. Eckel time to comply. Chairman Lacy stated if not in compliance, the Permit should be revoked at that time. After further discussion, Commissioner Kirby moved to continue the Show Cause Hearing to October 30 to allow time to comply. Commissioner Kennedy seconded the motion. Ms. Feuerstein said the votes would be canvassed on the 30th of October. Commissioner Kirby amended his motion to continue to November 4, 1991, at 9:00 a.m. Commissioner Kennedy agreed to said amendment. Chairman Lacy stated that all areas must be in compliance by that date. The motion carried unanimously. This Certification was approved on the 23rd day of September, 1991. P /// APPROVED: ATTEST: tmj/ �u BOARD OF COUNTY COMMISSIONERS ��( WELD COUN LO DO Weld County Clerk to th Board By: Gor o c irman eputy Cle •k to the Board Ge a Kenne y, Pro-Tem' ---�� TAPE #91-26 & 1191-27 Constance L. Harbert DOCKET 1191-49 & 1191-51 r C. W. Kirby SD0037 i PL0837 W. H. Webster 911030 911089 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS � [S - DAY OF A ptiyy- l�) , 1/991 : ,� DOCKET # q l- q q - exta ttr,) � u_knoQB"� s keu o�� (aw-En irCarna -t- C u cmcf--a-t s DOCKET # 9l-,,I - Shbui CA-c.t� — wtntcC v iititejL ( ase.. “ `RR) U DOCKET # DOCKET # DOCKET # PLEASE write or print your name legibly, your address and the DOC # (as listed above) or the name of the applicant of the hearing you are attending. . NjE ADDRESS HEARING ATTENDING 1 '� 1 SWY ��.° Vg.) I�S,Z�U!�l 3/p.Z t�Q ,'L) .11‘,/ Gu;i / k�si:, `r �Ir- �/y � /-5J 2u-ti yckcL 0 v wr,� zt, L :w� ..,OA* 0,616 �, ., NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET N0. 91-51 Windsor Shores, Inc. c/o Larry B. Eckel P.O. Box 8236 Longmont, CO 80501 DATE: September 18, 1991 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit 11943 LEGAL DESCRIPTION: Part of the 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 ISSUES: 1. Whether or not the uses currently conducted on the site are in violation of Condition of Approval #1 which states: "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. " n 1 2. Whether or not the uses currently conducted on the site are in violation of Condition of Approval #2 which states: "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. " 3. Whether or not the uses currently conducted on the site are in violation of Condition of Approval #3 which states: "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." 4. Whether or not the uses currently conducted on the site are in violation of Condition of Approval 114 which states: "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." 5. Whether or not the uses currently conducted on the site are in violation of Condition of Approval 116 A-D which states: 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." 6. Whether or not the uses currently conducted on the site are in violation of Development Standard 118 which states: "Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system, are required for the proposed facility, and the systems el I �y ., shall be installed according to the Weld County Individual Sewage Disposal Regulations. " 7. Whether or not the uses currently conducted on the site are in violation of Development Standard #10 which states: "The internal roads shall be a minimum of 16 feet in width with a minimum 80-foot outside diameter for turnaround points." 8. Whether or not the uses currently conducted on the site are in violation of Development Standard #17 which states: "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." BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol A. Harding, Deputy DATED: August 28, 1991 PUBLISHED: September 5, 1991, in The New News EA '7 `?r3"..4 -. _ ._ NOTICE . ` �- .oft Coloreda0°trarrdtet�rp°f the hhCqq+rrtt��N Zoldn Ordinance a Weld C7r:01 ` s o held inp°tithe Board of County Colorado,inners of Weld County Cen9Weldathunyt CentenNal C.�v� _ Fusreeley, Co]oraoo, atFtheSTATE OF COLORADO ) _ "fled' A]1 persons in any • !'� manner interested in the matter �f ra t ae here aryested o attend and may )s.L. Should an tarty COUNTY OF WELD ) he presence of a o�r orteriLo-,� rnasda record the a proceedings which diwon to taped record David B. Reynolds, being duly swo`Knij hear ng, he Cc kept during he says that he is publisher of Office shad be awed;goring Boytins of such action at least five tlays The New News, a weekly newspaper en ar t° the hearing. The cost of borne bg a court re orter shall he published in Keenesburq in said County BE IT Aisoetvf:oW�Npihhi the and State; that said newspaper has a nxthe°d maps may be examined general circulation in sold County located office of the Clerk to the Board of County gels sionersY and has been eontinously and Centennial Centel 915dOth Street, uninterrLL tell Third FloGreeley, • DColorado. p Y • publiehed therein, CKET AlN 01-51 during a period of at least NrndsEckel Sher Inc C/O far fifty-two consecutive weeks prior to Da° 0°` to.86501 EC/O gam? the first publication of the -annexed REgqE` 10 °eMrlg'Sssl CAUSEST' Hearing to SHOW notice; that said newspaper is a UBep for revocation of Special LEGAL DESCRIPTION. Part of newspaper within the meaning of the EGA Sections 27 � 2a' ana 24 act of the General Assembly of the and part 7of°SSethi° °ge a;aesf State of Colorado,, entitled "An Act of T pstn PoM; wen d4 to regulate the printing of legal West issColoradoCounty, notices and advertisements, " and escm'rentlyy conducte scot the site are in violation of Cond tlon of amendments thereto; that the notice aqproval Ne. l which states:attached Deyelo rds of which the annexed is a printed °sReviea lalcdeviwti es�l copy taken from said newspaper, was et Theptepltans llt7 im recordig the published in said newspaper, and inrec thbee ana bebe tle verge servicea°parhnent of pia to gg fn the Weld d the regular and entire issue of rkk?dfRewrder's OfficeC County every number thereof , y pPnval by the B oft. Whether Beard currenNtlhether or not the uses are in Y' tioncted on the site once a week for •ration of Condition of SApprova o.2 which states: The Feeley Review activity shag not successive weeks; that said notice Sp nor shag any building e el feat permits be issued on the was so published in 'said newspaper perty until the Special Review proper i s of add t°be recorded m the r0 er and not in any supplement na Recordder.'lVe1a County Cler thereof , and that the •first currently. Whether or not the uses conducted on publication Of said notice as are in violation of Condreonsot A royal No 8 aforesaid, as on th@V1ew to re° wh hhe Spaetes: amended to show Moos all Special 9 way reservatlon north from the 6. Whether m w� me uocn S day Of 19 ` � 7e44.,, line of Weld County Road cub. Whether in of on the site are S cur en4. t Whether or not the uses Stendirviolation, which slates: and last on the ^ day of are in _violation 0° thP site "Bathrooms with adequate toilet Approval No of Condition of facilities serviced by an approved therior to o'erirn which states: sewage disposal system are applicant u1° racihtyy required for the proposed facility evidences to the peals providE and the systems shall be installed 19 l Pegteu�Ptl Slawices Pat tment the Indiaccoeiaue] t°�a Weld Disposal authority ouorcement R•tgWations.' g P \ in efod."fns been crested and Is Whether or not the uses Jl 5 Whether or not currently conducted on the site currently conducted on the uses are ui violation of Development are p in violation of the site Standard No. 10 which states: petrel No. 8 A o�p itiµrhiclf minimum 16 feedsthsha width bwita Subscribed and sworn to efore ev dense eie pphcant shall submit danete for turnaround po•no do Plannin the Department of 8. Whether or not the uses County.Heal ftlt ices that the Weld currently conducted on the site p Department has are m violation of Development me this day of th2. ,t renal roads." plan for Standard No. 17 which states: r B. The.plat shall be amended The property owner or operator to show the elimination shall be responsible for complying 19-2:-. toPess t om Weld County Bead t21 Development with all of the foregirsg then a camping sites and the Standards. ges m the location Noncompliance Dee with any of the /D y t campsites and boat ramp because fay be easonlo r re Standards d campsites wetlands areas." Development revocation of ,GN.ar.w Q 'The applicant shall submit the Permit by the Board of evidence to the Dephe" sut it County Commissioners." Count naming services that the Weeld BOARD O COM OF MISSIONERS has approved Engineering De artment WELD COUNTY,COLORADO sign the a detailed entrance BY: des n the entrance from Weld tViyCOmmis�,i7rer .res�n_. �� i9� g> d7," � a N The +p meant shall submit BY: Carol A.Harding,Deputy County tt atprage great°?eetreect, tehd DTED.p6 INl plan yshal d 74. The screening ist81911, be revised and g in The epprwed by the iseparhnent of �'lanndrg Services stafl." _.. Hello