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Home My WebLink About900441.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR GRAVEL MINING, PROCESSING, AND RECLAMATION FOR A RECREATIONAL FACILITY (SKI LAKES) IN THE AGRICULTURAL ZONE DISTRICT - RANDALL HOCKING AND PHILIP YASTROW (LAKU LANDING) 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, the Board of County Commissioners held a public hearing on the 23rd day of May, 1990 , at the hour of 10 :00 a.m. in the Chambers of the Board for the purpose of hearing the application of Randall Hocking and Philip Yastrow (Laku Landing) , P.O. Box 332 , Windsor, Colorado 80550 , for a Site Specific Development Plan and Special Review Permit for gravel mining, processing, and reclamation for a recreational facility (ski lakes) in the Agricultural Zone District on the following described real estate , to-wit: Part of the Si of Section 20 , and part of the Ni of Section 29 , all in Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were present, and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicants and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Sections 24 . 7, 44 . 1 , 44 . 2 and 44. 3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicants have shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: PL0689 900441 Page 2 RE: USR - HOCKING AND YASTROW (LAKU LANDING) a. This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resource Goals and Policies , the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The Urban Growth Boundary Area Goals encourage the maintenance of Urban Growth Boundary areas that provide an official definition between future urban and agricultural land uses. The proposed use is not considered to be an urban type of development. The Town of Windsor Planning Commissions' recommendation is addressed in additional comments. The Conditions of Approval and Development Standards will ensure that the Comprehensive Plan' s goals and policies are met. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. This proposal will not remove prime agricultural land from production. c. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include the Cache La Poudre River, agricultural production, radio towers, Town of Windsor residential subdivision, rural residences , a packing plant, and nonproductive land. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. d. The Special Review Permit site is located in the 100-year flood plain. Special Review Permit Development Standards address the overlay district requirements. No other overlay districts affect the site. e. Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 900441 Page 3 RE: USR - HOCKING AND YASTROW (LAKU LANDING) NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for gravel mining, processing, and reclamation for a recreational facility (ski lakes) in the Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . 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 office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2 . 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 . Prior to the issuance of building permits for either home , a Recorded Exemption application shall be submitted and approved by the Board of County Commissioners. 4 . Prior to recording the Special Review Prmit plat: a. The Special Review Permit plat shall be amended to show the location of the fuel storage tank, the judge ' s tower and storage building. b. The applicant shall submit evidence to the Department of Planning Services that the concerns of the Whitney Irrigation Company have been mitigated. c. Regardless of annexation to the Town of Windsor, an off-site Road Improvements and Maintenance Agreement shall be approved by the Board of County Commissioners to mitigate impacts generated by the operation on County roads. A copy of the Agreement shall be submitted to the Department of Planning Services. The Agreement shall contain a designated haul route. 900441 Page 4 RE: USR - HOCKING AND YASTROW (LAKU LANDING) d. The applicant shall submit evidence that the access road connection to Weld County Road 17 has been reviewed and approved by the Weld County Engineering Department. e. The applicant shall submit an Access Agreement with Mr. Billy Shutts for access to the site from Weld County Road 17 . The Agreement shall be reviewed and approved by the Weld County Attorney' s Office and shall be recorded with the Special Review Permit plat. f. The following note shall be placed on the Special Review Permit plat: "Any access to the property shall be considered a private roadway and will not be maintained by Weld County. " 5 . Prior to the Special Review Permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. The Division of Water Resources has approved a well permit or other legal water supply for the mining operation. A legal water supply must be available for the recreational facility prior to commencement of that use . b. A waiver of financial liability for damage done by deer to commercial tree plantings on the site has been provided to the Division of Wildlife. c. An emissions permit has been obtained from the Air -Pollution Control Division, Colorado Department of Health, for fugitive dust and odors , if required. d. A fugitive dust control and abatement plan has been approved by the Weld County Health Department. E. An NPDES Permit has been obtained from the Water Quality Control Division of the Colorado Department of Health, if required. f. The Use by Special Review activity will not cause injury to vested or conditional water rights as set forth in Section 44 .4 . 11 of the Weld County Zoning Ordinance. 900441 Page 5 RE: USR - HOCKING AND YASTROW (LAKU LANDING) 6 . Within 30 days of approval by the Board of County Commissioners, the applicants shall submit an estimate of reclamation costs to the Department of Planning Services. -The estimated amount shall be reviewed and approved by the Board of County Commissioners. A bond to ensure reclamation of the mining operation shall be provided to the Board of County Commissioners for the approved amount, as allowed by Section 24 .4 .3 of the Weld County Zoning Ordinance. The bond shall include the costs of map revision as required by FEMA. 7. The plat shall be amended to show: a. The elimination of the northern and eastern accesses . b. The proposed flood channel. 8 . Prior to excavation of the lakes , the applicants shall provide evidence to the Department of Planning Services that the concerns of the West Greeley Soil Conservation District have been mitigated. 9 . Within 30 days of completion of the lakes , post construction drawings shall be submitted to the Department of Planning Services showing depths, slopes, and contours of the lakes. 10 . If the berms are not to be constructed on the property, the applicants shall amend the application materials and the Special Review Permit plat, prior to recording. Within one year of approval by the Board of County Commissioners, a conditional letter of map revision will -be sumitted for any construction that will require the map revision. Copies of all correspondence with FEMA shall be sumbitted to the Department of Planning Services and the Weld County Engineering Department. Within 90 days of completion of any construction requiring map revision, the applicants shall submit evidence to the Department of Planning Services that a final letter of map revision has been applied for. 900441 Page 6 RE: USR - HOCKING AND YASTROW (LAKU LANDING) The above and foregoing Resolution was , on motion duly made _and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1990 . 7�� o u�Q � BOARD OF COUNTY COMMISSIONERS ATTEST: WEL UNTY, COLORADO Weld County Clerk and Recorder , and Clerk to the Board ene R. B tner, Chairman B _:_) p it.--iyt_:, fi �« „ K - Ge rge ?C nnedy, Pro-Tem Deputy County -Clerk / .1 >-0, APPROVED AS 0 FORM: Constance L. Harbert CC.W. Ki y County Attorney Go . 900441 DEVELOPMENT STANDARDS RANDALL HOCKING AND PHILIP YASTROW (LAKU LANDING) USR-908 1 . The Site Specific Development Plan and Special Review Permit is for gravel mining, processing and reclamation for a recreational facility (ski lakes) in the Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. No more than 102 cars and 38 recreational vehicles shall be on the site at any Event. The recreational facility shall be limited to no more than 12 members. Memberships shall be for use of the recreational facility and shall not create a separate interest in the property. No more than three events shall be held per season. The season shall be considered the months of June, July, and August. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . A membership list shall be submitted to the Department of Planning Services in July of each year. 4. The gravel mining operation shall comply with Section 44 .4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44 .6 of the Weld County -Zoning Ordinance . 5 . The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 6 . The property shall be maintained in compliance with Section 404 of the Clean Water Act, if applicable. 7 . The property shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 8 . The septic system(s) for the proposed facility shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9 . All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 900441 Page 2 DEVELOPMENT _STANDARDS - HOCKING AND YASTROW (LAKU -LANDING) 1-0 . Any food service facility shall be constructed, licensed, and operated in compliance with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. 11 . No permanent disposal of wastes shall be permitted at the site. 12 . All overburden materials shall be handled and stored in a manner that controls fugitive dust, blowing debris , and other potential nuisance conditions. 13. Fugitive dust shall be controlled on the site. 14 . During the construction phase, the maximum permissible noise level shall not exceed a limit of 70 dB (A) . During the normal operation of the facility, the maximum permissible noise level shall not exceed the residential limit of 55 dB (A) , as measured according to 25-12 102, Colorado -Revised Statutes . 15. The domestic well water supplies shall be disinfected and tested according to the Colorado Primary Drinking Water Regulations regarding community water supplies. 1E . The -Special Review Permit is issued to the applicants individually and collectively. The Permit is not transferable to any other -person or entity not substantially controlled by the applicants. 17 . The property shall be maintained in compliance with the requirements of the West Greeley Soil Conservation District. 113 . The lake water used for swimming and water skiing shall be sampled and tested for bacteriological contaminants on a monthly basis during the months of use. The results of these tests shall be submitted to the Weld County Health Department for review and evaluation. 19. The Special Review Permit site shall _re maintained in compliance with any required emissions permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 20 . The Special Review Permit site shall be maintained in compliance with the fugitive dust control and abatement plan approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the plan at any time necessary. 900441 Page 3 DEVELOPMENT STANDARDS - -HOCKING AND YASTROW (LAKU LANDING) 21 . If required and obtained, the NPDES permit shall be maintained in compliance with -the Water Quality Control Division, Colorado Department of -Health requirements. 22 . The haul route to the -mining site and the recreation-al facility shall be designated as the private access road to Weld County Road 17 . 23. The bottom of the lakes shall be left uneven -to increase structure, and several gravel beds shall be left at various depths for spawning. 24 . Gravel mining excavation on the property shall be completed by August 1 , 1994 , and all processing and removal of mined gravel shall be completed by August 1 , 1996 . 25 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 2b. The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 27 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.-6 of the Weld County Zoning Ordinance. 28 . Personnel from the Weld County Health Department, Division of Wildlife, and Weld County Department of PPlanning Services 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. 29 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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. 900441 Page 4 DEVELOPMENT _STANDARDS - HOCKING AND YASTROW (LAKU LANDING) 3U . The property owner or operator shall be respon-sible 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. 900441 HEARING CERTIFICATION DOCKET NO. 90-13 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR GRAVEL MINING, PROCESSING, AND RECLAMATION FOR A RECREATIONAL FACILITY (SKI LAKES) IN THE AGRICULTURAL ZONE DISTRICT - RANDALL HOCKING AND PHILIP YASTROW (LAKU LANDING) A public hearing was conducted on May 23, 1-990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry Health Department representative, Wes Potter The following business was transacted: I hereby certify that pursuant to a notice dated April 25, 1990, and duly published May 10, 1990, in The New News, a public hearing was conducted to consider the request of Randall Hocking and Philip Yastrow (Laku Landing) for a Site Specific Development Plan and Special Review Permit for gravel mining, processing, and reclamation for a recreational facility (ski lakes) in the Agricultural Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department representative, entered the Planning Commission's recommendation for denial of this request into the record. Philip Yastrow, one of the applicants, came _forward to explain this request. He said they are going through this process in conjunction with applying to the Town of Windsor for annexation, in anticipation of being able to proceed with the excavation more rapidly. Mr. Yastrow showed slides of a vicinity map -and -a plot plan. He explained that they plan to remove the gravel located on this site, then create two lakes to be used for tournament water skiing. Their plan is to develop a ski club with a limited number of member families. Mr. Yastrow stated that they want to maintain the agricultural environment, although this parcel is not very productive etthe present time. Randy Hocking, the other applicant, came foward and addressed the concerns which had arisen at previous hearings concerning this matter. Some of the concerns were: accesses, noise, the septic systems to be used, dust, installation of berms, posting of reclamation bonds, road damage, effect 9n property values, productivity of the farmland, and the question of annexation to the Town of Windsor. Mr. Hocking stated that the Conditions and Development Standards proposed by the Planning staff are acceptable, except they requested that the Development Standard concerning the noise level be amended to the Development Standard approved for a -recently approved gravel operation. He also said that the Town of Windsor originally -recommended denial of this proposal, but has changed its position and now recommends approval. Ms. Curry made comments concerning the floodplain conditions. She also presented an additional Condition, #10, and an amendment to Condition #b which the Planning staff recommends. 'Testimony concerning this request was offered by Josephine Wolfe, Joan Waser, Marjorie Kadlub, Tom Francis, Thomas Brodzinski, and John Adams. Wes Potter, of the Health Department, said that, when requested, his office will monitor the -noise level within a municipality. Mr. Yastrow came forward to answer 900441 j l Page 2 HEARING CERTIFICATION - YASTROW AND HOCKING (LAKU LANDING) questions which arose during the public testimony and questions of the Board. Janet _Lathrop, administrative assist-ant -with the Town of Windsor, stated that the Windsor Town Board recommends approval with no further stipulations. Mr. Morrison noted that the petition for annexation to the Town of Windsor Aloes not appear to reserve the right to withdraw the petition. Commissioner Lacy noted that no haul route has _been designated, and this should be included in the Road Improvements Agreement. Mr. Morrison advised the Board that annexation will give Windsor jurisdiction over this -operation, and the Board needs to assure that a Road Improvements Agreement will he entered into even though -annexation may occur. The Board discussed setting time limitations for the excavation and the processing of the gravel. _It was the consensus of the Board that four years be allowed to minethe gravel, and that an additional two years be allowed for processing and removal of gravel. Concerning the noise level, the applicants stated that, during the mining operation, they probably could not conform to the Development Standard requiring a noise level of 55 db(A) , measured 25 feet from the property line. Mr. Potter spoke about the difficulty of measuring the noise level at the location -of residences. He recommended allowing a higher noise level during the mining operation, with the 55 db(A) to be maintained during -skiing operations. It was noted that the hours of operation for a mining operation are -contained in the zoning ordinance. (Tape Change #90-24) Ms. Curry reviewed the proposed changes to Conditions and Development Standards as follows: changes to the third paragraph of Condition 4, concerning the Road Improvements -Agreement; addition of one sentence to Condition 16; addition of Condition #10; amend Development Standard #14 to allow a noise level of 70 db(A) during the gravel operation and allow a noise level of 55 db(A) during regular operation; and add Development Standard 1211 allowing until August 1, 1994, to complete gravel extraction, and until August 1, 1996, for the completion of processing and removal of the gravel, with the rest of the Development Standards to -be renumbered. Commissioner Lacy moved to approve this request for a Site -Specific Development Plan and Special Review Permit, based upon the Planning staff's recommendation, with the Conditions and Development Standards amended as reviewed. Commissioner Kennedy seconded the motion, and it carried unanimously. This Certification seas approved on the 30th day of May, 1990. APPROVED:‘727,4BOARD OF COUNTY COMMISSIONERS ::5:unty Clerk and Recorder _A Gr and Clerk to the Boa ne R. Brantner, airman BY:.--I l"71c,YK-c., i y,,,,E.c ce/ Deputy County elerk George Ke nedy, Pro-Ter onstance L. -Harbert yi C.W. iyr�Z , Gor . c TAPE #90-23 & #90-24 DOCKET #90-13 PL0689 900441 ATTENJDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket -t for the hearing you are att-endimsl. TODAY'S HEARINGS ARE AS -FOLLOWS: May 23, 1990 DOCKET # 90-13 USR-G-RAVEL MINING, 3ROCESSING, AND RECLAMATION FOR A -RECREATIONAL FACILITY (SKI SAKES) IN THE AGRICULTURAL ZONE DISTRICT - RANDALL HOCKING & PHILLIP DOCKET # YASTROW DOC-KET # NAME ADDRESS pnccn HEATING ATTENDING I\ aM Vl, M 5 Q.< 71700 f a 322 14,1)711 / e n w',/v 4 ,i am i 43 i l 1, Q `f ,,.., , wk- _-c , . 7/32 /l�:y i,' /tL e ©�i ��9e /fS 2/ 3zaf 3%2 L/7/h0/�-i �G 1 —Tzs-x.ciA L7-r- 1. --i' Ft - sl1i,:L7- LAri-11'Or^' So (oi4-i-acY . Z;iO`=-cZ-> / / �i .Y ?Lt 40 a /2 e `?wk. L-1 1,L44,_., - ,, -/-- hie.s- 7--._ ., ,o rc *411(0 u S D t . t i 76I5 a L., � � /7 , ,1S. A - fa lia, tiff 6.7 - e Z it A/ it Of ►1 •A;I�� /o5`0 No-e-r .e Fipsv 9PO e 1/ --- O 5-er h i r; �- YU 2, 1 "r 9 l b' / a iv? wt U1/-c yaa : ;Za silt .A7 A 900441 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on May 23, 1990, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Randall Hocking and Philip Yastrow (Laku Landing) P.O. Box 332 Windsor, _Colorado 80550 LEGAL DESCRIPTION: Part of the Si of Section 20, and part of the N} of Section 29, all in Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Gravel mining, processing, and reclamation for a recreational facility (ski lakes) in the Agricultural Zone District SIZE OF PARCEL: 130.65 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: May 31, 1990, in The New News 900441 STATE OF COLORADO ) y sC: a COUNTY OF WELD ) David B. Reynolds, tieing duly sworn , says that he is publisher of the New r v�1 News, a weekly newspaper published in Kcenesbi..trg in said County and State; that said newspaper has a general circulation in said County and h a s been continuously a n d uninterruptedly published therein, during a period of at least PUBLIC NOTICE fifty—two consecutive weeks prior to unty the first publication of the annexed i�ion of a , notice; that said newspaper i sec ava edn„ newspaper within the meaning of the ��t lana and a mile act of the General Assembly of the low, onaiapprQv this planested State of Colorado, entitled "An Act t tcreates ato n,tfcje C.ItS.,as amended, for a to regulate t h e printing of legal period of three years. notices and advertisements„ " and aanPd�P Phill�i: ll x amendments thereto; that the notice col�aredo 3, Windsor, DFSCRIPTION: Part of {1•f which the annexed is a printed s�o[Secfiop m, and part aE the NV: of section 89, an in copy taken from said newspaper, was Township! Nash. Rae 67 west c asaid of the ltth P.M., Weld Cotmty, published in r,e:w.7paper , and in Colorado TYPE AND INTENSITY OF the regular and entire issue of APPROVED : Gravel Proceming, and for a every number thereof , once a-every re tr'aiiouai facility (idd lakes) in Y°` a other week for I weeks; that said F P .alCi: W.�t , mare or leas notice was so published in said time bytbe and newspaper proper and not in any in a orf 'it vestal righL supplement thereof , and that the BOARD OF COUNTY first publication of said notice as WELDCOUNTY COLO °0 oNElts aforesaid , was on the BY: 1I�tRYANN AND 1990, �y B�Y��: �y ,��. 3 I day of , b.7`a i , music; 1[ar I ', -- The New News. and the last c r the r______._.__._._.�. 3 i day f fr1 _._ 1990. L2t..),___ i .11M/E) yl ...lei:) 1141 Subscribed and 44orb' to before me this ,1 i day of hi,A...- ,_ 1990. Notary Public My commission expires: 3 -/s- iz. NOT I C E 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, et the _time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the raped 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 ST ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission 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. APPLICANT DOCKET NO. 90-13 Randall Hocking and Philip Yastrow (Laku Landing) P.O. Box 332 Windsor, Colorado 80550 DATE: May 23, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development P1-an and Special Review Permit - Gravel mining, processing, and reclamation for a recreational facility (ski lakes) in the Agricultural Zone District LEGAL DESCRIPTION: Part of the Si of Section 20, and part of the Ni of Section 29, all in Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to the Town of Windsor; and -west of Weld County Road 17 at the west end of Weld County Road 66 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: April 25, 1990 q PUBLISHED: May 10, 1990, in The New News 9..0 441 Cxhiimt+ FF STATE OF COLORADO ) ) ss .. Purpt�t to tha COUNTY of WELD �� heannv ,,i hol.i Ike _ 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 s (., -t) , j(c-!:‘ ✓3 O , beingpecified All persons in an r.manner interested m the Site dully sworn, says tha he/she is Specific Development Plan and are publisher of the New . ews, a weekly requested to attend and may be ,' heard. newspaper published in Keenesburg Should the applicant or anv interested party desire the in said County and S t-t e; that said presence of a court reporter to make a record of the r newspaper has a general circulation in additionch to the tapedd recoorsd in said County and has been contin— hear during the mg, the Clerk t the ward's Office shall be advisedin writing ously and uninterruptedly published of such action at least five7ays prior to the hearing. The cost'of t h e r i n during a period of at i ct s t engaging a court reporter shall be borne by the �equesttntt Party. fifty—two consecutive weeks prior BE IT AISO` EcxoWN that tl,e a�unaeps so certified byy the t o the first publication o f the ty Planning Cone, ion that said newspaper trheYClerk to the"h Board of tCoune t. annexed notice; Commissioners, located in the is a newspaper within the meaning weld Count centennial center, 915 10th Street, Third Floor, of the act of the General Assembly �G�re��eley Colorado DOre& 1-NO.90-13 of the State of Colorado, entitled and PANT: Randall Hocking dir�� hill Yastrow, Laku "An Act to regulate the printing CCoolrad"u80P5 55t1 _Yastrow.. Windsor, of legal notices and advertisements , " YIATE:IN 23 1990 >�: lo:e�O a.711, and amendments thereto that the REQUEST: Site S��,r;� Development -Plan and special notice of which the annexed is a Review Permit - gravel mining, printed copy taken from said news— pprr' 'a'lg, and reclamation for a tecrpa�tional facility (skiiakes) in �lcultural Zone District paper , was published in said news— G -DESCRIPTION: Part or e if;- S;2 of Section 2Q and part of paper , and in the regular and entire Mownhip6Noecuon'Range'2s West ISSUE' of every number thereof , of the 6th P.M., Najd Counts, Colorado LOCATION: South of and adjacent 1 successive to the Town of Windsorand west once a week forof Weld County Road X17 at the west-end of Weld County Road 66. week( s) ; that said notice was so BOARD OF COUNTY COMMISSIONERS published in said newspaper proper WELD COUNTY COLORADO BY: MARY ANN F'EUERSTEIN and not in any supplement thereof, Coumry CLERK AND and that the first publication of RECORDER AND CLERK TO THE BOARD �Y:Shelly Miller,Deputy said notice as aforsaid , was on TED Now News. i. Ilia, in the ‘L) day of �V t:.u., , I 19 'i ' j , and the last of the 1 () o • f \jl �„ 19 `' (, .L : // '1'' VQ-71 Subscrbed and sworn to beLore me this . /0 a day of h2 ay. 1 9 Yep llk!(rt1,Lk -r- well«set A*--�, 900441 . NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning AFFWAVIT OF PUBLICATION Ordinance,a public hearing will be held in the Chambers of the Board of County STATE OF COLORADO Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th 55. Street,First Floor,Greeley,Colorado,at the time specified. All persons in any manner COUNTY OF WELD interested in the Site Speck Development Plan and Special Review Pednit 0Ltrv,( HI f /I'1 requested to attend and may be heard. 1, S of said County of Should the applicant or any intereeledparty Weld, being duly sworn, say that I am ollice manager of desire the presence of a court repader to make a record of the proceedings,in addition 111E WINDSOR BEACON, INC. to the raped record which will be kept daring the Ivanng,the Clerk to the Board!Office shall be udVised in writing of such action at a weekly newspaper having n general circulation in said least five days prior to the hearing.The cost l County and Stale, published in the town of WINDSOR. in of engaging a court reporter shall be.borne by the requesting party. said Comity and Stale; and that the notice, of which the BE IT ALSO KNOWN.that the text and-maps ,amllCxetl is a true copy, has been so certified by the Weld County Palming{ Commission maybe examined in the office of published in said weekly for sllecesSive the Clerk to the Board of County weeks, that the nonce was published in the regular and Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third entire issue of every number of the paper during the period Floor,Greeley,Colorado. - and time of publication, and In Ile newspaper proper and DOCKET NO.90-13 APPLICANT not in a supplement, and that the first publication of said Randall Hocking and Philip Yastrow • notice was in said paper bearing the date of the (LLanding) P.O.Box 3.M 1` /it Windsor,Colorado 80550 /'v day of , •`- A.u., 19 1 0 DATE:May 23,1990 and the last publication fearing the dale of the TIME:10:00 A.M. day of , A.D., 19_� REQUEST: Site Specific Development Plan I and that the said WINDSOR BEACON has been published and Special Review Permit-Gravel mining, continuously and uninterruptedly for the period of 52 processing,and reclamation for a recreational facility (ski lakes) in the Agricultural Zone consecutive weeks, in said County and Slate, prior to the District date of first publication of said notice, and the same Is a LEGAL DESCRIPTION:p Part of the Sh of newspaper within the meaning of an Act to regulate pt tiding Sell nT To 20.wnship part eNV3 of Range Settiof the of legal hollers and adverlisements, approved May 18, 6th P.M.,Weld County,Colorado 19J1, and all prior act so far as in force. • LOCATION: South of and adjacent to the 2/x/7 Town of Windsor;and west of Weld County _� �` / /2L_�.�1/+--�/ Road 17 at the west end of Weld County Road OFFICE MANAGER. 66 BOARD OF COUNTY COMMISIONERS WELD COUNTY,COLORADO COUNTY CLERKANN ND�RE a - Subscribed and sworn to before mee}this ?eft-, day AND CLERK TO THE BOARD of ' `i A VI JU , 19!G BY.Shelly MNat✓1Kfipaty /7,r�- VA DATED.ApiS 35,W90 �-1V1C1L (J f)I V AL—) PUBLISHEDI PANS hr t e NWaer Nun/ IIrIVbLIC Beawe May IS,1990. My commission expires i —1 900441 DATE : April 25 , 1990 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing for the 23rd day of May, 1990 , at 10 : 00 A.M. Docket No. 90-13 - Site Specific Development Plan and Special Review Permit for gravel mining, processing, and reclamation for a recreational facility (ski lakes) in the Agricultural Zone District — Randall Hocking and Philip Yastrow (Laku Landing) OFFICE OF THE CLERK TO THE BOARD BY: a p m.4d K u '7 dp2) Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOAR COUNTY COMMISSIONERS WEL UNTY, CO ORADO 900441 Annexation Petition We the landowners of more than 50%of the territory excluding public streets and alleys, described as: Property Description:(book 588,reception number 1514121) A tract of land located in the South half of Section 20 and the North half of Section 29, Township 6 North, Range 67 West, Weld County Colorado. Commencing at the South Quarter of said Section 20 and considering the West line of the Southwest Quarter of said Section 20 to bear North 00°16'36"East with all bearings contained herein relative thereto; Thence along said West line North 00°16'36"East, 1705.26 feet to the TRUE POINT OF BEGINNING;Thence North 82°06'35" East, 44.00 feet; Thence North 00° 31'59" West. 74.52 feet to the Southerly line of Rivertrails Subdivision;Thence along said Southerly line the following 6 courses: South 53°52'04" East 175.93 feet; South 37°1547" East, 169.51 feet; South 44°52'17" East, 155.06 feet;South 37°08'53"East,414.99 feet;South 75°49'50"East,169.44 feet;South 57°17'00"East,28.87 feet; Thence along the Welt line of a parcel of land described in book 710, under reception number 1631705 and a parcel of land described in book 924 under reception number 184554 Weld County Records;said parcels being monumented in the field by number 5 rebar with 1 1/2" alum caps stamped LS 14647;South 00°02'00" West. 416.12 feet;Thence South 55°18'22"East, 373.89 feet; Thence South 22°06'28" East, 410.70 feet to the Northeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 29;Thence along the East line of said Northwest Quarter of the Northeast Quarter South 00°01'57"West,390.63 feet to the Northeast Corner of a parcel of land described in book 1047 under reception number 01986483 Weld County Records; Thence along the North and West lines of said parcel the following two courses: South 60°05'08" West, 1147,66 feet; South 07°42'08" West,398.20 feet to the South Line of the Northwest Quarter of the Northeast Quarter of said Section 29;Thence along said South line,South 88°24'08" West,256.63 feet to the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of said Section 29. Thence South 88°23'52" West along the South line of the Northeast Quarter of the Northwest Quarter of said Section 29, 1304.6 feet to the Southwest Corner of said Northeast Quarter;Thence North 00°6'55" West, 1320.81 feet along West line of said Northeast Quarter to the Northwest Corner of said Northeast Corner of the Northwest Quarter;Thence along the North Line of said Northeast Quarter of the Northwest Quarter.North 88°13'22" East, 57.75 feet to an existing fenceline as described in book 1229 under reception number 02175890 Weld County Records.Thence along said fenceline the following 14 courses: South 02°47'23" East. 10.62 feet;North 88°22'41" East, 140.95 feet;North 02°47'09" West. 632.91 feet;North 09°09'15"East, 124.04 feet; North I8°13'57" East, 35.81 feet; North 25°25'22" East, 107.55 feet; North 42°42'05" East, 114.36 feet; North 51°57'25" East, 49.27 feet;North 56°24'53"East, 101.23 fret;North 34'07'09" East, 189.70 feet;North 20°57'53"East,249.71 feet; North 51°41'37" East, 323.70 feet; North 67°35'58" East, 179.96 feet; North 82°06'35" East, 254.22 feet; to the TRUE POINT OF BEGINNING. Said tract of land contains 130.65 acres more or less and lssubfect to any easements of record or that may now exist on said parcel. allege the following to be true and correct: The perimeter of the proposed annexation has a distance of 9834.96 feet, of which 3875.74 feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous with the TOWN OF WINDSOR. We further allege: • It is desirable and necessary that said territory be annexed to the TOWN OF WINDSOR. • A community interest exists between the said territory and the TOWN OF WINDSOR. • Said territory is urban or will be urbanized in the near future. • Said territory is integrated or capable of being integrated with the TOWN OF WINDSOR. • No land held in identical ownership comprises 20 acres and together with improvements had an assessed value $200,000.00 in the year proceeding the filing of this Petition. • No proceedings for annexation of the territory have been commenced for annexation to another municipality. • The signers hereof comprise the landowners of more than 50% of the territory proposed to be annexed exclusive of streets and alleys, and are in fact owners of 100%of the hereinafter described property. EXHIBIT M 900441 1 6-23 'o tzs- - 2 - Therefore, the undersigned hereby request that the TOWN OF WINDSOR approve the annexation of the area described above and do herewith pay the required annexation fee of $300.00. In addition to the annexation, the undersigned request the zoning of residential (SF-I) and open space (O) for the above described property. If there is a different type of zoning that better fits our Property and project, we are willing to accept that type of zoning. We would appreciate the Town of Windsor's suggestions regarding this topic. We f P ac'- auai(abi i( tom, DS. ca r,eo f*' � loki � �� ovr -Yirs'F cries_ , This annexation petition and all related materials shall become null dnd void if the Laku Landing ' lk project is not acceptable to the 'I'own of Windsor. It is imperative that the land not be annexed to , the Town of Windsor should we need to pursue the project under Weld County's jurisdiction. < Date Owner's Signature Mailing Address and Property Description 0 �E G, U s c c S- e- 90 c • 90€3441 y -` 4\bSO c4 of 'Wim Sor r • 301 WALNUT • WINDSOR, COLORADO 80550 TELEPHONE: (303) 686-7476 itut May 9 , 1-990 Ms . Lanell Curry Current Planner Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Laku Landing Special Review Permit Dear Lanell : The Windsor Planning Commission, at their regular meeting May 3 , 1990 , amended their original recommendation to deny the Laku Landing special review permit. After hearing a presentation from the applicants the Planning Commission now wishes to inform the Weld County Commissioners that they recommend approval based on the submittal of an annexation petition delivered to the Town of Windsor on May 2, 19-90 . Please let me know if you have any questions or comments . Sincerely, SOWN OF WINDSOR ��6. � /Janet E. at rop Assistant to the Administrator jel ��tis�tiryr}��1 _. EXHIBIT n I MAY 1 0 1990 S .23 90 cA Di- 300441 Wtid co. 24V a; /9r0 o % y cz .444 drn Wit.,.c9//eitc ii-n6144 a-- -a-troy And "724.ty-e-s04647fr //‘' 0 4 in de ieJ-L 6r/zit er44- :42a-- • dam/ . " 17 43 e / 24-7-ge-AGeetaC11,4152->e4:44-7 CeenZet -* 7 S o Co • /2d�s' �o sas 900441 \ � , ,-,:,J'.1(Y\ .kt-Q-Q;1J-w.tir\ ,fLy )Lfl C(a. Di z v.rKJc , LD \‘1),,(\9_ 1 1 i'..ts C +/LY\._ '13)-kARD AYZ -1--N G \C4fLtk1 crt,y1, tc:, ...m.,buidca., .. , v iii 1;-"4 *Jig\ CO-lj-h -cf061 i 04\6_ ., cox/. .Anr1.a lie _ ct .. O4 WV*" ,, ,. 1"....; .. ' 5 � "Let brrotherly l�loovvee c ntict f0 i y a HEBREWS 13:1 Jv +t b. v ,mlu-t,' ,t'',XYQ, . r Olr-CV i(") c,r A. ..5)._9._ c t-dc. .a..1-c_ 7C} .SP.:1_r 1 :1_, CCi e“,). '),i;L ri01 fi irii o. Ql !m u:_r. . �. ( . 't.0 Sdt.�. rik �1r-)N) ,---A C6v>. 1/4,010.1c.:„: ,cam, crtst>, cl s loo -"'(L11 Win) �A.0 ' \Sc Otks).„ .J.AJ(\C7 (7:� ✓' &\ r - xc 4k. sestactkc 6Uu O. , rrup c 1, n w) X, -)O7t.4_,Q. 14_ o_ LL k ,sz,pc+A.survs, avid ct ot.oet 7. z,J i s I � Jr 91 11 'let brotherly love continue ' HEBREWS 13:I May 21, 1990 Pamela G. Johnson Mary Lou Koswan Daniel L. Nasuta 31707 WCR 17 Windsor, Colo. 80550 To whom it may concern, we would like to address the issue of Laku Landing. We have attended one public hearing and read every article published in the Windsor Beacon concerning Laku Landing. We have also spoken with the principle parties, Philip Yastrow and Randall Hocking. Our property is bordered on two sides by the proposed Laku Landing. As with anyone nearby the _project, we will be affected. We have Considered the impact and have arrived at -the decision that this project should be approved. Ultimately the pros outweigh the cons of the issue. The gravel mining operation is necessary to obtain the end result. This will possibly cause some inconvenience. However, this is only a means to an end and will not be a permanent operation. The noise level that will be generated by the boats seems to be of some concern. However, the boats have competition. On any given day we can hear loud music, barking dosgs, dirt bike, and gunshots from th gun club. Some of these are much more annoying then any noise generated by a ski boat. For any piece of land, there are many uses. Some land lends itself best to agriculture, some to development, some to recreation, some is best left to Mother Nature. The proposed plan allows for all of the above. The wildlife of the -area is important to us. The mining operation may disturb some of the wildlife temporarily, but once tht -project is completed, we feel the wildlife will return and can live in peaceful co-existanre on the land. We have been told by Philip Yastrow that wildlife is welcome and will be undisturbed. I have seen many instances where wildlife thrives in circumstances much less ideal than Laku Landing. We do not feel that the land is being raped, but improved. There is a certain peace that comes with _gazing out on a beautiful lake, surrounded -by greenery with an unobstructed view of the mountains. We feel this view is far prefer-able to an ugly warehouse or a multitude of homes in a subdivision. Our major concern is that our water rights remain intact and that our well remians operational and uncomtaminated. Phil Yastrow has addressed these concerns and we have been assured that there will be no problem. In conclusion , we feel that Laku Landing is a worthwhile project and should be approved. We- ffer our support to i approryal . kit,/ ,7/l / 9'90 IL 7 e-,,Vadoct fled iZado 4.6„sigdary---41 Al L� /f a , zt /22,5,a 4, 6fg._/ T vo FT &A 900441 -/7 /9; /7Pc- C.,4 .zA".,,Ay c 'c)e ,Sest.c YaJ,£ GC%/cf ()v,✓ A/ i. , s s;' AR /�x7ene4 8t E' rc,44,t, c rite/I� z .9n%p .Se'R/rb€ .. -1 L/FtE' C Lee 4 cif, "c GUsfr€VC fc, /Is5cc,� r7 iI c c' /a-0 y tiE GA,,c e c.,,,t/r e1/2-5 i r /✓l+'A�.�//cc /4-7 f�faff-,E' j , se; re _5 AC 205.5 7"/�e tov.,/Y�� s,v,, /i¢-e 7Y� 74e 077e zev)0Je-c 3 11 zi iJ�/ C/e-' G .47x/O ®c/y„..„,,�. J ,4// lid,ESS /lest' S, /c s Awe , PP4,/ A c.7C✓, le I).55e> t k 14 e lOm40" </A-/r 54-7 - e Aaa/c,6. ,4))TAce,✓C4-. /,2,2c7-'fe lei 4:r,z1vc-S , „,44,2 DJ.d6 A P,-7--,?)A.J/;-/ 4.-7--", / gCTiv/ 47 A 4e loci/ tUs/,i/t'5ycs en/so �/cu,/,-a,,iic A Awn"4 Jig/n.1 / / cc,Pc//ee f,0%f VC //A€75 c./,g-y4;.-1 - 45,J Jd5 vJ ge (,iw,,tA4-c%-/i —777 j is Hx^t, / f¢.✓� -3-T Fes'N G (/.QL e V/ e t/A e/N" ev:✓ L a.... , 5.j/affl )4 A7giedtie 4,1_0 f/*- 4e lgK,/ ,/,,,,ADDue s re A door a---/. ,. .( >- A O r TL= ?Scat (.72-/6 c 5pE,cJct e f,-, 900441 2./.6,A74nucLit Cc 2cs0( May 18. 1990 Gene Brantner Chairman Weld County Commission Dear Mr. Brantner, I am writing to voice my support for your approval of the Laku Landing water ski lake project. As a competitive water skier, I am frustrated by the lack of available sites which are suitable for competitive events. In addition, I was discouraged to hear that such a well thought out site, such as Laku Landing, was receiving protest. The number of lakes which are suitable for competitive water skiing is limited in Colorado. One of the better sites is currently in Greeley. After inquiring about membership at the site, I learned of the long waiting line to join, and this is typical of lakes all over the state of Colorado. There is a-tremendous number of competitive water skiiers, some who are paying as much as$3,000 per person per year for a lease,who do not have a place to enjoy this growing sport. Laku Landing is an excellent opportunity for Windsor and Weld County to offer another oustanding competitive water ski site, I encourage you to approve this project. I would be happy to answer any questions you might have about the sport of competitive water skiing or about the two responsible individuals who are trying to do what I have wanted to do for the past four years. Thank you for your consideration. Sincerely, • 11 Dale Charles 6940 Niwot Square Longmont,CO 80503 Work 440-3977 Home 652-3343 900441 HUNT`" HUNTER & ASSOCIATES, P.C. iCertified Public Accountants P.C. (303) 353-3750 FAX: (303) 353-3752 • 3535 12th STREET, SUITE E, GREELEY, COLORADO 80634 a�0 GO •°euc pc WILLARD W.HUNTER,C A. WILLIAM J.SIEBERT,C.P.A. DAVID L.SCHWENKE,C.P.A. May 22, 1990 TO WHOM IT MAY CONCERN The proposed development of property southwest of Windsor by Laku Landing for residential and water skiing purposes appears to be an ideal use of this property. I have attended various public meetings where this project was discussed and have concluded that opponents to this project have no reasonable basis for their objections. Having grown up in Windsor and having spent many years water skiing myself, I can personally attest to the fact that water skiing is a wholesome family sport, and is enjoyed by participants as well as spectators. If such a facility were available, many aspiring athletes could have the opportunity to practice their skills in a safe, controlled environment and dream of participating in Olympic competition. Randy and Phil have gone overboard in their concern for the environment and other health and safety issues . I sincerely hope that this project is given every consideration for approval, since the alternatives will definitely be detrimental to the Town of Windsor and Weld County as a whole. Respectfully, William J . Siebert, C.P.A. • 900441 Walter H. Yauk 214 Seventh Street Windsor, CO 80550 May 16 , 1990 LAKU LANDING Phillip Yastrow P.O. Box 332 Windsor, CO 80550 To Whom It May Concern : Include my name as a supporter of the Laku Landing Tournament Ski Site south of Windsor, CO on the Cache La Poudre River. For FOUR DECADES, I operated the business of Windsor Packing Co. on the banks of the river. I 'm aware of land uses, the environment and the threats that the river can and has made in the past. The -developers of the LAKU project have come up with the most logical use of marginal agricultural land ! I can foresee an environmental enhancement; I se no danger to the natural flow of the river or cause for concern to water users above or below the site. They will only give the waters a "resting place" on its way to the sea . Noise pollution, in that location (and with proposed landscaping) will not be a problem. The recreational and aesthetic benefits will be a welcome improvement over what we see there now. Yilurs trul JV2tLt [ auk Walter H. Yauk 900441 May 17, 1990 Chairman Gene Brantner Weld County Commission Dear Chairman Brantner, My husband and I are writing this letter to show our support for the Lake Laku Landing Project in Windsor. We have been active in competitive waterskiing for over 12 years. My husband is both a competitor and a Regular Driver with the American Water Ski Association (AWSA). I am both a competitor and a Senior Judge. My husband and I have helped with numerous tournaments, and I have had the opportunity to judge tournaments which have aired on ESPN. My daughter is a competitor and due to her skiing ability, won a scholarship to Northeastern Louisiana University. As a member of their ski team, she helped them to win the 1988 Collegiate Nationals held in Sacramento, California. My son is a member of the AWSA National Junior Developmental Team and hopes to ski for a college team after he graduates from high school. Currently, there are 55 colleges that have water ski teams. Because waterskiing is such a popular pastime and a family oriented sport, it is difficult to understand why anyone would object to this project. Perhaps those who are voicing their objections are not familiar with the goals and concepts of competitive waterskiing. Competition waterskiing is quite different from weekend recreational skiing. It is a growing sport which athletes take seriously. Having a competitive site in Windsor would be a tremendous asset to your community. Respectfully, Kim Schaefer Con Schaefer 742 Nyssa Drive Loveland, CO 80585 Phone: 669-3112 900441 (.l /7/trziL 7a7a1-1- 91C 7/47 Actoc--- ( 4,cyirze int4 co-„,aircer_r_ ae;;;77 767,„ 9 a;e2� s %a 4 (9 a4, e /6-e S00441 Y . O. Box 251 Greeley, CO 80632 May 16 , 1990 Chairman Gene Brantner Weld County Commission Dear Chairman Brantner : I am writing this letter in support of Laku Landing . I believe that Laku Landing will become a first class competitive water ski facility . Competitive water skiing , unlike recreational water skiing , requires many hours of devoted practice to prepare the skier for tournament participation. Competitive water skiers must be dedicated , hard working individuals who not only benefit the sport of water skiing but also the communities where they ski . Because of this , I urge you to approve Laku Landing so that Weld County and the Town of Windsor can realize its many benefits . 2 -Si cere ly, , ,/ Doug Bremer DP/ sc 200441 a vases k tC « � aD-6,d //aa� 0ve Dr', Fort C © /( /L" $ F 5 2- C7 c{�Y — ifq 72- tr „ tCr)- (t-4 I cec nn ' i 2-/ a C 0441 Paul G. Tobin -4901 N. County Rd. llc Loveland, CO 80538 I would like to add my support-for the proposed Laku Landing waterski lakes in Weld County. There are many reasons to favor this undertaking, the most significant of which is the addition of a-tournament level waterski site to the area. I currently live on a private lake, Horseshoe Lake near Loveland, and am finding it increasingly difficult to find times when lake conditions are amenable to training for competition waterskiing. Wind conditions and wakes from other boats often make the lake unsuitable for all but recreational waterskiing. In addition to providing superior facilities for those with a serious interest in waterskiing, Laku Landing would be beneficial to Weld County and the nearby town of Windsor. Waterski tournaments attract participants and enthusiasts to the site for competition and relaxation. Potential benefits to the immediate area are numerous. Local waterskiiers would have the chance to compete in a sanctioned tournament, Windsor would be recognized as the home of a high quality waterski site, and tournament attendees would contribute to the economy of Windsor through the purchases of lodging,food, fuel, etc. In short, Laku Landing will provide a tournament quality waterski site in a picturesque setting. It will be of benefit to the city of Windsor, Weld County, and local waterskiiers. Sincerely, / :- Paul G. Tobin 1 \43441 0441 To: Gene Brantner Chairman, Weld County Commission From: Scott Thull 3162 Worthington Avenue Ft. Collins, Colorado 80526 Mr. Brantner: I 'm writing in support of the competitive water ski lakes proposed for the Windsor area. I recently moved to the Northern Colorado area from Florida where I was an avid water skier on small controlled lakes similar to Laku Landing. I was surprised and somewhat disappointed to see the fashion in which the sport is practiced and the skiing conditions here in Northern Colorado. Due to the lack of serious ski sites such as Laku Landing, the water skiers of Northern Colorado have little axposure to the professional and responsible way that serious water skiers and boat drivers enjoy their sport. I believe that the proposed Laku Landing site would assist in promoting safe boating 9n the lakes of Weld County and the surrounding areas. In addition to the benefit of promoting safe boating and skiing practices, the possibility of State and National competitions at the Laku Landing site would surely benefit the economy of Windsor and Weld County. I 've been exposed to the Greeley site and it appears to have had a positive impact on the community and the -sport of water skiing in general . In summary, I believe that the proposed taku Landing site will be a benefit to both the residents of Weld County, and the Windsor community and should therefore be approved. ':GL 900441 W1 cA Ca \ANL _ ti�nivv�uw �s LA. ) c- C_ �, N r s �hn 1/v n avA v-1/4-Al- C-3,1 ti'V✓N et-Ai��fir-:_ �3� �o—�a2y✓� V v. Rt.\t":.‘/\ `P �. " � \/\r"--\ `1 c� skl �sy-c.S O, 1-"Ny sn �^ ) j. s St ) - Ga'�MV.r - —C\ � Vb'V -LAS- A�'vV� �>TWV‘c. The? %VVl(A/VkA w Lk? 3 n v\cam An_27-w� � J F,& 34 900441 5 .. ( 9 - c) © Gam-' Ufll (i 1 w--v1 C %L 11 I D � t_&LMn, G ✓J, {M 6 Zh ), jek<111 et- 64- l k S 1l r-� �- C c-t i y-c h 4-- Ski 'HS `=( 11j s( /c J> -"Ale (pie h c,'1 c w,cf 71-{ ) lie-stU hw (c/ , CJ p lot.of of z Cyln ( ft/ hat:'�� 0j0 CL,41 CI 1, p h �bt4^cY s h�;S l(kg I Skz et-v -e1 1 vt n C L2 ci --( 7 4-0 Y#-t ') t/ -7/ E ctiyL t., 4 e47 7 s( c e/ C -cit-c icAS 14 tp 1 (A 7 G1 �E r e CaT `IC—C� U (74-4 Cn l / CIS- k-C'S `:7er 4.? KM o4 cO << cs“ ( � � c vG o S -24 . 900441 2880 Sundown Ln, #201 Boulder, CO-80303 May 17,1990 Chairman Gene Brantner Weld County Commission Dear Mr. Brantner: I am writing to express my strong support for the Laku Landing project. One of the greatest,an met recreational needs in Color-ado is water skiing-facilities. I ama senior at the University of Colorado,$oulder. My parents live in Longmont, CO. We are all three avid skiers,both snow and water. As residents of the adjoining Boulder County, we wouldbe users of the water ski facility at the_Laku Landing project. Prior to-transferring back to CU, I was astudentat the-Penn State University. I was on both the Ski team (snow) andihe Water Skileam. I placed 3rd in slalom in-th-e NCAA eastern water ski event. loanassure you that-the skill, strength and agility required-for a winning (snow) Ski team is-enhanced by (water) skiing during the summer. I think-the local availability of a good water ski facility would help ensure the championship-quality of the CU (and CSU?) Ski teams. Waterskiing is a family sport-and c-ertainly-one likely to help interest kids in healthy, non drug related activities. [don't know why anyone wouldopposea project providing recreational lakes and water ski facilities. But I strongly support such abroject,the Laku Landing project. Sin rely, Sarah A. Peters 900441 P. O. Box 111 Longmont, CO 80502-0111 May 17,199D Chairman Gene Brantner Weld County Commission Dear-Mr. Brantner: I am writing to express my strong support-for the Laku Landing project. One of-the greatest, un-met recreational needs in Colorado is water skiing facilities. I have lived in several states as a result of work, before returning to Colorado. One of the recreational facilities most needed in Colorado is aiplace-to water-ski. On both the east and west coast, such-facilities are readily available. My daughter is a-senior at the University of Colorado,Boulder. -My wife, daughter and I are all skiers, both snow and water. As residents of the-adjoining Boulder County, we would be users of the water ski facility at the Laku Landing project. People who ski, as many in Colorado clo, need-to train during the summer months in order to be ready for the winter (snow)ski season. There isiperhaps no better way to retain the skill, strength and agility required for a (snow) skiing than by (water) skiing during the summer. I think the local availability of-a good water ski facility would help ensure the championship quality of-the CU (and CSU?) Ski teams, and provide year round healthy exercise for the-general Colorado residents. Water skiing is a family-sport and certainly one likely to help interest kids in healthy, rron drug related activities. I don't know why anyone would oppose a project providing recreational lakes and water ski facilities. $ut I strongly support such a project, the Laku Landing project. Sincerely, John D. Peters Joan E. Peters // 900441 May 17 , 1990 CHAIRMAN GENE BRANTNER WELD COUNTY COMMISIONER GREELEY , COLORADO 80631 DEAR MR. BRANTNER AND COMMISSIONERS: WE WOULD LIKE TO VOICE OUR SUPPORT FOR THE LUKA LANDING WATER SKI SITE NEAR WINDSOR. IT WOULD NOT ONLY B-E -BENEFICIAL TO US AS WATER SKIERS, BUT WOULD ALSO BE A BENEFIT TO WELD COUNTY AND WINDSOR AS IT WOULD BRING ADDITIONAL REVENUE AND INDIVIDUALS INTO OUR AREA DURING TOURNAMENTS AND SPECIAL EVENTS. FOR THE ABOVE REASONS WE FEEL THE WATER SKI srTE WOULD BE A DEFINITE CONTRIBUTION TO WELD COUNTY. WE WOULD APPRECIATE A POSITIVE CONSIDERATION DT THIS MATTER. SINCERELY, DEN IS J. SCHOTT ANGELIKA I . SCHOTT 712 ELM ST. WINDSOR, COLORAOD 80550 900441 7 eAktil'lwna . 6,,i_`Ciyadru( IOUd C,t Lc-vm.Yius.e crud& C 20 May /990 il,ctr Cuts `1 rare Ito Urk-,, -PH 44Ak vaposed Lake l`.a dc_., ;k:. sclk Would at (ilk asset 4 4t fb un L IN, Ktksar. I €4eoura�C. �.0 `lo ✓vteri faro(l ✓or of 'lice srfe1'r -Iwo mat r'easons . 'Tile fir , is , '?4 t ✓re," my elPerlence o! b".1ardtc.cd VG,.e Yabu'ncamte?t f c-o sk4L.-rte aretuc fpr Me sf se✓u i yea's w kad I eompoKY_t I ka✓e W rFn essed <s U / J U � 4lte stanq sense o f Ca�n+� -siLca g+ is iot J eernnwt, W i, stkese `houYnamenls 4D see `-wo, Scree at(/' u,ldze./.� -✓ably emousth so-Mx/Lints / ',cal-id/Ls of f ruches �lo�e ey W,+ h Jkur fendstyo Jno� feuJ✓iiai zits S cz gu,g at( iesmwa„ faeLts. It is a Wholesome Woos ere 7r A ages' 7i?esepeople tare ahoa.t eaek d exthey S ilite a.Veas iiikere ore 'flawed to sue: . ako in 4urni dare a .tstli ` oWn a t✓1 eJ1+-Le/4 LIIA�', Ski GZuIL l'�rY `�o i 4 ul /? d ii,,d�k2ir 'nun-el (114- r'e . I'✓e ttktt(!Gce�( 'Hcis ��rC toe repeal itself��r years'. t ✓ Mc seccnd rnalo( 'taw, I eittad It& 4 tit ✓oral fa/ l aku (3ndrn , is Ittat 1 knul e ppte in✓ohed- in- delektkse lilt site and H' are /toned acrd-tdoYkinq� ;ad le:bats _A)ha i)oittd like ,: b tte4 414akt �r Windsor •{a �.�laM.t�/ -flern cio yi�c(Ef heir hme o has not been cot easz4_ process rtcd clhad haire arld wi/l ahrdc lam. cal e qutdeoires wed regrz l'b'ws (Mai are c C<ea b(F o i re,/ CiadoPin t 7'e 'VW?' f -'enhanee 4js area o f 9_te -oac gra<-rc kitty) 4-hese IwY lakesTiji�� warn' 4 ,Wage 'hys /and 4ldeir limit -b eilla y die lakes a,�d '. e rodora..( h.erteot7 of the lag d. Every c her louvha.merit ytlit Crc cite t I yiave Seen across 7*-e ria flan Gras added. i% 'H e Caryrfizzr ctli i/ o iii hireacyh making ,SuYrou�tdc-9_ era= 1,22/crrS i s- Ces «r -fz�ur'<52t GtollanSup t-,cl -lam Q eaf of ie /and rfste/f is e It vietx.la be a.vl ;41elkolt,tt wore to /,°/ fire dev'/opinerrf proceed .esped/a . I'm sa -e Width' or will be pleased w/ z /he results nil +he evict . 9,nce',el�, $Yeeley, alomdo 900441 Laku Landing A World Class Water Ski Site Randall-Hocking Philip Yastrow 353-3750 �� 229-4544 P.O. Box 332 Windsor, Colorado 80550 May 22, 1990 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Amendment to Application For Use By Special Review Through the course of our Special Review process, the largest point of concern has centered around the proposed berms and their effect on thelloodway. Our engineering consulting firm, Simons, Li and Associates has designed a floodway conveyance to theoretically offset the effect of floodway obstruction caused by the berms. Even with this study, the proposed berms have drawn much contention. In an effort to alleviate these concerns, we are willing to modify our project by eliminating the berms. The two major benefits of having berms surrounding the lakes are wind protection for the water surface and sound mitigation. It has been determined -that noise levels during skiing will have minimal effect, therefore elimination of the berms will not be detrimental to surrounding property owners. We are willing to sacrifice the wind protection provided by the berms in an effort to completely eliminate floodway modification concerns. Sincerely, Randy Hocking Phil�w f EXHIBIT 900441 f S M S 23 90 Additional Conditions of Approval USR-90B Laku Landing 10. If the berms are to be constructed on the property, the applicants shall -submit evidence to the Department of Planning Services, within one year of Board of County Commissioners approval, that a Conditional Letter of Map Revision -has teen submitted to YEMA. If the berms -are not to be -constructed _on the property, the applicants shall amend the application materials and the Special Revi-ew permit plat, prior -to recording. Within one year of approval by the Board of County Commissioners, a conditional letter of map revision will be submitted for any construction that -will require the map -revision. Copies of all correspondence -with FEMA shall be submitted to the Department of Planning Services and the -Weld County Engineering Department. Within 90 days of _completion of any construction requiring map revision, the applicants shall submit evidence to the -Department of Planning Lervices that a final letter of map revision -has been applied for. Add to Condition 6. The bond shall include the costs of map revision as required by FEMA. 300441 Laku Landing Sound Level Analysis by Phil Yastrow The purpose of this paper is to present theoretical and experimental data which will approximate the sound levels at properties surrounding-the Laku Landing tournament water ski site to be developed in Windsor, Colorado. Sound levels have been an area of much public concern during the permitting phase of this project, so it is therefore necessary to study this topic in further detail. Because most • people think of boats with loud outboard motors and other unmuffled engines when water skiing • comes to mind, it is important to distinguish these boats from-tow boats approved by-the AWSA1 for • use in sanctioned-tournaments and_practice. Also, because weiire not a commercial mining operation and expect no profits from mining, we will have as short of a construction period as possible. Therefore, the sound levels caused by construction will not last nearly as long as a commercial operation. The physics of sound propagation outdoors will-first be examined, and then these results will be applied to the sound levels present during lake construction and competitive type water skiing to determine worst case sound limits to be expected at locations near the property boundary. Finally, conclusions will be drawn _concerning Colorado Revised Statute 25-12-102 which addresses noise abatement. Sound Propagation Outdoors Attenuation Due to Distance As in most sound control problems, both the source and the receiver are near the ground. The discussion here is concerned with this configuration. The loudness, or decibel2 level of a sound decreases inversely with distance from a source. In other words, the farther the receiver is from the from the source, the less sound there is at the receiver. To determine the amount of sound reduction or attenuation of a source caused by distance between two locations each a distance dl and d2 from the source, the following formula is used: d2 A = 20xlog10 dl where A is the attenuation in decibels and d2/di is the relative distance from the source. If d2 is greater than dl then the attenuation A is positive, or the sound level is less. Otherwise A is negative and the sound is greater. When applying-this equation, the sound level a given distance from the source (di) is usually known and the attenuation of the sound level at a different distance (6/2) is desired in order to calculate the sound level at that location. For example, if at 100 feet a given source has a sound level of 80 decibels and the sound level at 1000 feet is needed, the attenuation would be A = 20x log10 1000 - 20 decibels 100 Therefore the sound level at 1000 feet would be 60 decibels. 1. The American Water Ski Association requires the use of these boats in all sanctioned practice and tournaments. Our AWSA insurance policy will not allow for any non-sanctioned activities. 2. Throughout this document, the term decibel refers to decibels measured on the"A"scale,abbreviated dbA. 900441 Laku Landing n - 1 - Sound Level Analysis Excess Attenuation The-equation and calculation above are valid only for a source in a perfect, loss free atmosphere. In reality, considerations must be made for factors which will cause excess attenuation, or attenuation beyond that due to increasing distance from the source. Some examples of excess attenuation are: • Sound absorption in air which is dependent on temperature and humidity • Presence of trees, shrubs and other foliage • Screens and rigid harriers • Wind • The acoustic effect of the presence of the ground All causes of attenuation are additive, that is, each component of attenuation is added together to arrive at the total attenuation. In the following section, the various contributions of the above factors will be examined from a quantitative and practical point of view. Because most phenomena related to sound propagation and attenuation are frequency dependent, it is important to take this into consideration. Air Absorption and Temperature Air absorption is strongly dependent on temperature, relative humidity and frequency because air molecules behave differently as these parameters change. 'Fable 13 shows the attenuation of a 4000 cycle per second sound level per 100 feet due to air absorption as a function of temperature and humidity. It is interesting-to note that as the humidity decreases, the attenuation increases. In other words, dry air is a poor conductor of sound compared to humid air. Attenuation of a 4000 cps Sound Level Due to Air Absorption (decibels per 100 feet) Temperature Relative-Humidity (%) °C I °F 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 100.0 10 50 2.77 2.01 1.49 1.17 0.98 0.84 0.75 0.70 0.66 15 59 2.46 1-61 1.18 0.95 0.81 0.74 0.69 0.66 0.64 20 68 1.92 1.26 0.95 0.81 0.74 0.70 0.67 0.65 0.63 25 77 1.55 1.04 0.85 0.78 0.73 0.70 0.67 0.64 0.62 30 86 1.28 0.93 0.83 0.77 0.73 0.69 0.66 0.63 0.61 TABLE I. Air Absorption Attenuation Presence of Trees, Shrubs and Other Foliage The foliage surrounding the Cache La Poudre River is quite dense, and therefore needs to be considered as a cause of excess attenuation. The literature available on this subject suggests that attenuation due to plantings corresponds somewhat to visibility through the same. The densest foliage surrounding the property in question occurs on the North and East sides, between the proposed lake areas and the Town of Windsor. During the summer months when activities on the site will be the greatest, trees will provide the most effective barrier to sound propagation because of their leaves. Table 24 describes this type of attenuation and assumes foliage through which there is fairly poor visibility, or that in the range of 50 to 100 feet. For this study, we will neglect attenuation caused by trees and tall foliage in order to 3. "Acoustic Design and Noise Control", Volume 2,Michael Rettingcr, Page 116-117,Chcmical Publishing Company,1977 4. "Design For Noise Reduction", J.E. Moore Friba, page 133,Architectural Press London, 1966 900441 Laku Landing - 2 - Sound Level Analysis arrive at worst case noise levels and to account for the fact that there could be some construction activity during the winter months when the trees have no leaves. Attenuation In Sound Level Due to Dense Foliage Frequency c/s 1000 2000 4000 Attenuation, decibels 2.0 3.0 5.0 per 100 feet TABLE 2. Dense Foliage Attenuation Screens and Rigid Barriers This component of excess attenuation must be considered for two reasons. First, the water level in the lakes will typically average two feet below ground level, and second, we may have earthen berms surrounding the lakes. For the purposes of this study, we will assume, for a worst case situation, that there are no berms and this type of attenuation is due only to the water level being below ground level. The basic formulas to determine the attenuation in decibels for a sound of frequency 4000 cycles per second caused by an effective screen of height 11 which causes a diffraction angle of 0 (theta) with a receiver is A = 8.2x1og10(44x 0.275 xtan2) Figure 1 illustrates the situation where a boat is 150 feet from the shore, and the receiver is 600 feet from the shore. This situation occurs when the boat travels close to the center of the lake which is always the case except for when the boat is turning close to shore at either end. If the water level is two feet below the ground level, H is 1.6 feet and 0 is 1.05°. This yields an attenuation of 3.0 decibels caused by the depressed water level. Attenust ion = 3. 0 dB 150 — _ 600' = 1 . 05° receive= seur;e HOICE Figure 1. Parameters For Computing Attenuation Caused By Water Level (Case 1) The other possible situation is shown in figure 2, where the boat is 20 feet from shore and the receiver is 200 feet away from the shore. This describes the situation when a boat is at the end of the lake turning around and is very close to shore, with an attenuation of 9.5 decibels caused by the water level 5. "Design For Noise Reduction", J.E. Moore Friba,page 132,Architectural Press London, 1966 900441 Laku Landing - 3 - Sound Level Analysis Arrenuar ion = 9.5 dB 20' 200' — 5.7° rece Jeer �N 8' Water Figure 2. Parameters For Computing Attenuation Caused-By Water Level (Case 2) being two feet belowground level. Wind Attenuation due to wind can be either positive or negative, depending on the wind direction. These fluctuations are only valid for distances up to 500 feet and are not a fully understood phenomena to this day. For a sound source of 4000 cycles per second and winds in excess of twenty miles per hour blowing exactly parallel to a line drawn between the source and the receiver, -the attenuation can be as great as ± 1.5 decibels per 100 feet. Because wind is a difficult component of attenuation to calculate due to its varying nature, we will neglect it in this study. To offset any sound increases caused by wind blowing from the source to the receiver, we are also neglecting any attenuation due to foliage such as trees and bushes. This should help arrive at worst case sound levels. The Acoustic Effect of the Presence of the Ground When the sound source and the listening position are within a few feet of the ground there will actually be a sound increase if the surface is hard and reflective. On the other hand, if the ground is absorbent as is the case with grass and other foliage, there is an appreciable attenuation of the sound level. Table 36 shows the attenuation of sound caused by absorption over grass in terms of distance and frequency. This assumes the grass is kept fairly short with regular mowings, because the attenuation is greater for longer grass. Attenuation In Sound Level Due to Absorption Over Grass Frequency c/s 500 1000 2000 4000 Attenuation, decibels 3.0 2.5 1.0 1.0 per 100 feet TABLE 3. Grass Absorption Attenuation The Application of Sound Propagation- Theory The information presented in the _previous section will now be applied to the topic under consideration: Sound levels occurring during tournament water ski lake construction and use. In order to do this, knowledge is needed of sound levels a given distance from the sources in question, and 6. "Design For Noise Reduction', J.G. Moore Friba,page 107, Architectural Press London, 1966 900441 Laku Landing - 4 - Sound I.evel Analysis then the sound level for any other distance can be inferred from the attenuation discussion above. Referring to figure 3, six key receiver locations have been picked surrounding the property, numbered 1 through 6. These receiver locations are: the Francis farm (locations 1 and 2), the closest surrounding residence, which is owned by the Kadlubs (location 3), a future planned subdivision, also owned by the Kadlubs (location 4), Poudre Park (location 5) and a residential neighborhood (location 6). A sound level analysis will be made for each of these receiver locations during construction and water ski activities. 0 300 GOO h. I I OC ---- ,'a SCALE i J IT �� i • 126, SJ O r ' - J s AG z; I 1 � � / Figure 3. Sound Analysis Receiver Locations During this section there will be reference to multiple sources producing sound at the same time. The procedure for dealing with this is not straight forward due to the logarithmic nature of sound propagation and addition. In other words, if two sources are each capable of producing a sound of 50 decibels at the location of a receiver while acting alone, both sounds acting together would produce a total sound level of 53 decibels at the receiver. An increase of 3 decibels is therefore an exact doubling of sound. If individual, different sources have sound levels at a receiver that are not identical, then the sum of the two sources acting together is more complicated. 'fable 47-describes the 7. "Acoustic Design and Noise Control", Volume 2,Michacl Rettingcr, Page 69,Chemical Publishing Company, 1977 900441 Laku Landing - 5 - Sound Level Analysis logarithmic sum of two sound levels. It is based on the difference in the levels of the two sounds and gives a decibel amount to be added to the higher of the two levels to arrive at the total sound level. As an example, the logarithmic sum of 40 decibels and 30 decibels is 40.41 decibels.$ Decibel difference between Number of decibels to be two levels to be combined added to higher level to obtain combined level 0.0 3.01 0.5 2.76 1.0 2.54 1.5 2.32 2.0 2.12 2.5 1.94 3.0 1.75 3.5 1.60 4.0 1.45 4 1.31 5.0 1.18 5.5 1.08 6.0 0.97 7.0 0.78 8.0 0.63 9.0 0.51 10.0 0.41 11.0 0.33 12.0 0.27 TABLE 4. Calculation of Combined Levels of Different Sounds Ski Lake Construction The construction phase of the Laku Landing Ski Center will be typical of a small scale gravel mining operation capable of producing crushed, sorted aggregates for use as road base, structural fill or other construction needs. Therefore, the construction phase will require use of multiple pieces of equipment for excavating and processing the gravel extracted from the lakes. For the purposes of this study, we need to consider multiple pieces of equipment operating at different locations at the same time. Using the additive properties of sound levels described above, we can then calculate the total sound levels heard at different points surrounding the property during the construction phase. Table 5 shows the distances from the lake area and processing area to the various receiver locations, each measured 25 feet from the property line. The equipment used during excavation will initially be at ground level, and slowly penetrate below ground level as the lakes arc dug. The worst case sound level at any receiver location will be when 8. The exact method for calculating combined sound levels is to convert from a logarithmic to a linear scale, add the results, and then convert back to a logarithmic scale. For example, the logarithmic sum of 40 decibels and 30 decibels is 10x loglo(104°11°+1030/M) = 40.41 decibels. For more information sec "Noise Reduction", L.L. -Beranek, page 57, McGraw Hill, 1960. 900441 Laku Landing - 6 - Sound Level Analysis Receiver Location Distance From Lake Area Distance From Processing Area 1 590 810 2 210 2275 3 320 2510 4 365 2363 5 610 2113 6 1433 2685 TABLE 5. Distance to Receiver Locations From Excavation and Processing Equipment (all distances in feet,measured 25 feet from property line) the equipment is at ground level because of the screening effect caused when operating the equipment belowground level. The basic types of equipment to be used during excavation will be excavators for the dewatering trenches, scrapers for removal and transportation of overburden, front end loaders and excavators for gravel removal and dump trucks for gravel transportation to the processing areas. Processing of thegravel will be done by first crushing the material in a rock crusher and then sorting it in a screening system. In addition to the crusher and screens, a loader will be used to feed material into the processing equipment. Sound levels taken at a distance of 50 feetfor these different pieces of equipment are shown in table 6.9 Equipment Type Sound Level in decibels (dBA at 50 feet) JohnDeere 690DExcavator 73 John Deere 862B Scraper 8O John Deere 644E Loader 8O Dump Truck 68 Rock Crusher 94 Screening System 86 TABLE 6. Sound Levels for Various Pieces of Excavation and Processing Equipment To determine the sound level due to construction at any particular receiver location, we will assume that at a given time there are two _pieces of excavation equipment and a dumptruck operating simultaneously at a point in the lake area closest to the receiver. For a worst case situation, this would be an excavator, front end loader and a dumptruck. If we combine the sound levels of these pieces of equipment according to the discussion above, we will have a sound level at 50 feet of 81 decibels.107n addition, we will assume that either the screens or crusher are operating at the same time. The sound level caused by the excavation equipment and theprocessing equipment will then be added logarithmically to arrive at the total sound level at the receiver locations. Table 7 shows the components used to reach the final value.11 A temperature of 77°F and a-relative humidity of 30% are used for the air absorption attenuation to give a worst case value. • 9. The data gathered for this table arc from a combination of field studies taken by the author, information from the Weld County Health Department,and conversations with the John_Deere Product Support Office in Dubuque, Iowa (see attached correspondence). Actual numbers will vary greatly with the make, year and model of the specific pieces of equipment used for construction. Therefore,the actual numbers could he significantly more or less than those given here. 10. 10x logo(1073R°+108m°+1068/1°) = 81.0 decibels 11. It is important to realize that throughout the analysis in this table, a source frequency of 4000 cycles per second has been used. This is the approximate number of revolutions per minute an engine will operate at when it isamder load. A lower frequency is generated from rocks being crushed and screened. This will, in most cases, cause less attenuation due to air absorption, and greater attenuation for grass absorption. Due to the uncertainty of the actual pieces of equipment used, a more detailed analysis across the frequency spectrum will not he pursued. 900441 Laku Landing - 7 - Sound Level Analysis Receiver Location 1 2 1 4 5 6 Distance from lake area 590.0 210.0 320.0 365.0 610.0 1433.0 Base sound level from 50 feet of lake area 81.0 81.0 81.0 81.0 81.0 81.0 Attenuation due to distance 21.4 12.4 16.1 17.3 21.7 29.1 Attenuation due to air absorption (1.04 dB/100') 5.6 1.7 2.8 3.3 5.8 14.4 Attenuation due to grass absorption (1.0 dB/100') 5.4 1.6 2.7 3.2 5.6 13.8 sound level at receiver location from excavation 48.6 65.3 59.4 57.2 47.9 23.7 Distance from processing area 810.0 2275.0 2510.0 2363.0 2113.0 2685.0 Base sound level from 50 feet of Processing area 94.0 94.0 94.0 94.0 94.0 94.0 Attenuation due to distance 24.2 13.2 34.0 33.5 32.5 34.6 Attenuation due to air absorption (1.04 dB/100') 7.9 23.1 25.6 24.1 21.5 27.4 Attenuation due to grass absorption(1.0 dB/100') 7.6 22.3 24.6 23.1 20.6 26.4 sound level at receiver location from processing 54.3 15.4 9.8 13.3 19.4 5.6 total construction sound level at receiver location 55.3 65.3 59.4 57.2 47.9 23.8 TABLE 7. Sound Levels (dbA) at Receiver Locations due to Lake Construction Once the lakes are started, the excavation equipment will penetrate below ground level and further attenuation will be realized due to screening. This component of attenuation is not considered in the above table in order to describe the worst case sound levels. Ski Lake Use The Laku Landing Ski Center will be used primarily for practice and training for competitive type water skiing. Table 8 shows the distances from the actual boat locations to the various receiver locations, each measured 25 feet from the property line. It is important to note that at locations 2,3 and 4, the boat will be about 20 feet from the shoreline as it makes its turn, and at the other locations the boat will be traveling along the boat path shown in figure 3. Receiver Location Distance From Boat 1 800 2 235 3 345 4 390 5 815 6 1625 • TABLE 8. Distance to Receiver Locations From Boat (all distances in feet, measured 25 feet from property line) To determine the sound levels at the designated receiver locations caused by the boats, we need to apply the attenuation results we have worked with so far.Table 912 lists some of the most commonly used competitive tow boats along with their respective sound levels. These levels are what is referred to as the drive-by noise, or the sound level measured by a sound meter from 100 feet away while the boat drives by at 36 miles per hour, the maximum speed of any tournament event. It can be shown in the-field that the sound level caused by any of these boats while accelerating is too insignificant to be 12. 1990 BoatBuyers Guide, Water Ski Magazine, World Publications Inc., 1990 30044] Laku Landing - 8 - Sound Level Analysis data taken with sound meter from 100 feet IBoat make and model Drive-by noise (decibels) Correct Craft_Ski Nautique 2001 69 MasterCraft ProStar 190 68 American Skier Volante 69 Ski Supreme MS 71 TABLE 9. Selected AWSA Approved Tow Boat Sound Levels discerned by a basic, commercially available sound meter. For the purpose of this study, we will use a drive by noise of 70 decibels measured at 100 feet to calculate the sound levels to be expected at the receiver locations. Table 10 shows these sound levels and how they are arrived at. Note that for receiver locations 2,3 and 4 the attenuation due to the screening caused by the water level being lower than ground level is different. The reason for this is described in the screening section above. If two identical boats are identical distances from a receiver, the sound level would increase by three decibels. Again, a temperature of 77°F and a relative humidity of 30% are used for the air absorption attenuation. Receiver Location 1 2 3 4 5 6 Distance from boat 800.0 235.0 345.0 390.0 815.0 1625.0 -Base sound level from 100 feet of boat 70.0 70.0 70.0 70.0 70.0 70.0 Attenuation due to distance 18.1 7.4 10.8 11.8 18.2 24.2 Attenuation due to air absorption (1.04 dB/100') 7.3 1.4 2.5 3.0 7.4 15.9 Attenuation due to grass absorption (1.0 dB/100') 7.0 1.4 2.5 2.9 7.2 15.3 Attenuation due to water level 3.0 9.5 9.5 9.5 3.0 3.0 sound level at receiver from boat 34.6 50.3 44.7 42.8 34.2 11.6 sound level at receiver from two boats 37.6 53.3 47.7 45.8 37.2 14.6 TABLE 10. Sound Levels (dBA) at Receiver Locations Due to Boats Conclusion According to the scope of this sound level analysis, the maximum noise level to be expected within 25 feet of the property line is 65.3 decibels. This would occur at the very beginning of excavation at receiver location 2. Once construction is reasonably underway, and especially when it is finished and water skiing activities commence, the sound levels will he much less. As stated in our written Use by Special Review Application material, "The maximum penni.ssible noise level at any surrounding residence shall not exceed 55 decibels as measured according to 25-12-102 CRS." This is intended to apply during the special end use of tournament water skiing, not the construction phase. It is also intended to be at actual home locations, not property lines. Although we have looked into the ability to comply with this standard during the construction phase of our project, we feel that Colorado Revised Statute 25-12-102 allows for significantly greater levels during this period. -Furthermore, we wish to maintain as low of sound levels as possible at all times, but to impose a standard which may be impossible to meet is not what we desire. We therefore request the construction portion of our project to have a maximum permissible noise level of 80 decibels as measured according to 25-12-102 CRS, with the restriction that we do not blatantly ignore our rational construction plans. The depth of our lakes will be approximately ten feet, which is very similar to the Laku Landing - 9 - SogS4j alysis basement of a house, and residential construction is usually allowed this noise level even though it can take place less than twenty feet from a lived in residence. Also, 95% of the excavation of our lakes will take place farther from the receiver locations than we have accounted for in this study. The farm where the noise level is the greatest belongs to Tom Francis. This should not affect him because his actual home site is another 1500 feet away from the property line. Also, the noise generated from his farm equipment is similar to that occurring during the construction phase of our project, and he has stated that he plans to open a gravel mine on his property in the future. The Town of Windsor thinks we have a carefully thought out plan which will have no negative impact, and they have recommended its approval to Weld County. This sound level analysis should mitigate any concerns of noise levels from people who are opposed to our project for this reason. References 1. "Acoustic Design and Noise Control", Volume 2,Michael Rettinger, Chemical Publishing Company, 1977 2. "Design For Noise Reduction", J.E. Moore Friba, Architectural Press London, 1966 3. "1990 Boat Buyers Guide", Water Ski Magazine, World Publications Inc., 1990 4. "Noise Reduction", L.L. Beranek, page 57, McGraw Hill, 1960. 5. "CRC Handbook of Tables For Applied Engineering Science", Second Edition, CRC Press, Inc., 1976 6. "The Attenuation of Sound", J.D. Hayhurst, Acustica, vol. 3, 1953 900441 Laku landing - 10 Sound Level Analysis Jrc> i `l' i / %C ".dFe,: . lilr . 13va ,, 4 I�ee . / J //d/ ksi SP., d I h� �, -lit'/s I?CfP /�) / Su,o 2 1 UZ lie 1 d 14.. 5/I f*4-c /,i zo ;! it ., (. c (G b.,c. do . .L dJY. & 7 2/Po, 4 C" /I Cfl79i Cif '7// �-'e4& .Si/ . i / "c.„ (la :,..4-;.,!) . I {d t-r /PO, \ L€/ce '7`` e, 3-1/7.' Sl. 1e/a /2.S4 cL J 2 L& S ! 14, v “,,.,./J /a i 1,,,„:2, 5,Ptik, en c.,,,_{ ee, C;t J 5/./t--". / c2 ----- ;c-✓7J ('//ac S,GAJr ('C� /51, hia � UC74/'cf c'�,_, i -5oc �J i; 4 %d � A f lo9, eld, CL4i "I I / )4, K 0 t /( 0 „- J A i-,,, c 1/ /J i /t n7 ,,Qt.-r"/ 1 AM{ G 8,:, S' A 5. /o II.; a-jay iiy4SS« fe;:o ✓ G /i76p.."Aj + le Sc-el, -e/ T/ -‘.._ gin CC .,7t( 41/ 10.-(' /Jr /V n lie o.> / }'L' Ito i#,c/ E! e.Pc-- .. IN -1 ey p](. 7ZG., V 71-r /- t( 01 44,...„15 [1.L I /L<,.'7. 0 T. / �c � J9C iC / d µ J �o,< �r ) 0 i ✓ -- a 1/& ut 6e� / Y7 �it . „i75c. LY: I L; Z 7/ J in �(7 1fe- 111 KENNETH L 1 WNAMOR ,�q 1271 IWERVIEW DR. ..0441 I LOVEIAND,CO 80537 990441 Qty - 9sr7 , w gh FREY, LACH & MICHAELS, P. C. ATTORNEYS AT LAW )18 CANYON AVENUE,SUITE 200 . • POST OFFICE BOX 2243 PORT COLD,tX3I,ORAGO 03522 JOHN P.FREY TELEPHONE,()03)49)-001 SIN I.2{AQaERTY SUSAN M.LACH T£tECOPgRi OM)49).1218 O N I.HcOQEP1Y CARUAR DANIEL T,1A2GHAlLS May 22 , 1990 VIA FACSIMILE AND -REGULAR MAIL Mr. Lee D. Morrison Assistant County Attorney Office of county Attorney County of Weld P. O. Box 19443 Greeley, CO 80632 Dear Lee: IN RE _Laku Landing Annexation - Town of Windsor This will follow up our letter to you of May 15, 1%90. on May 21, 1990, the Windsor Board of Trustees met in work session and discussed the Laku Landing Annexation. e At the conclusion _of t $t��kW��g�ountythe disrey-ard instructed lettermofto communicate and request May 15. It is the Board' s position that the Commissioners no suspend action on the Laku Landing petition, tut rather act on that petition as _scheduled _on May 23, 1990. Very tru y yours, c4 ,, ohn jP. Y // Town At o ney t1 Town of ndsor, Colorado jpk c: Mr. Dennis Wagner, -Acting Town Administrator, Town of Windsor 900441 ,(;A9-,67.69 BOARD OF COUNTY COMMISSIONERS SIGN _POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE -PINALTIES DF _PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT _OF _PLANNING SERVICES WAS POSTED ON THE _PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY LOMMISSIONER'S HEARING TOR LASE # U SR - f-p8 THE SIGN WAS POSTED BY: U'O %I NDY //oc m/6- , O-CARY ' * NAME OF PERSON POSTING SIGN In i ,. rP U B�VG°Y3 A FOF CAI ': SIGNAT:4? OF APP`ICT STATE OF COLORADO ) ) COUNTY OF - WELD ) SUBSCRIBED AND SWORN TO BEFORE -ME THIS i DAY OF ��ca��, > 19`t . . SEAL ti >t',,2,-._.\--6... C��,c. NO Y _PUBLIC MY LOMMISSION EXPIRES My Commission Expire Feb 13, 1991 LAST DAY TO POST SIGN IS: 1-_ MAY 1 y 1990 pia ca. ?Peel° 4diulissiti900441. /,L e kt i.F;7P JOHN DEERE DUBUQUE WORKS P p BOX 536 DUdu4UF, IOWA 52004-0538 V.S.A. CS") Mr. Phil Yastrow 34-04 East Harmony Ft. Collins, Colorado Fax: 303\229-48_66 Subject: Deere construction -Equipment Noise Levels Dear Mr. Yastrow: Referencing our conversation, I have listed below noise levels of a sample at Deere construction equipment. I understand you are investigating developing recreation lakes in a residential community of Ft. _Collins and -need a appreciation of machine noise levels as it may relate to construction permit requirements. The measurement _data I'm sharing with you has been adjusted to reflect expected tolerance range maximums, and should be viewed as statistical values and not absolute. Measurements were taken from 5D feet -to the surface of the machine whether the surface is a tire on a four wheel drive loader or the track am an excavator. I'm not sure tow this will benefit you as I would expect you may be needing accumulation noise values of machines on a construction site versus individual machine noise levels. For your reference, our _John Deere dealer in Ft. Collins is L-ariiner Equipment Company whose address is 125 Jahn Deere Drive in it. Collins, phone 303\482-71-54. Noise levels at 50 feet 690D Excavator 73 dBA S2B Scraper 80 dBA 850B Crawler 84 d8A 644E Loader 80 dBA I hope this information is useful to you. Regards, Randal famine Manager, Product Support Services cc: George WacasEr. ProdJohn uDeere ct pI port Manager Industrial Equipment to Denver, _Colorado 900441 LoEC V I FREY, LACH &ZvIICHAELS,E. C. I) MAY 1 6 1990 IL ATTORNEYS AT LAW JI8 CANYON AVENUE.SMITE 303 U WELD COUNTY POST OFFICE-BOX 2283 ATTORNEY'S OFFICE FORT COLLINS.COLORADO 80532 JOHN P.FREY _ TELEPHONE(303)497 8622).HAOGFIITY SUSAN M-LACH TELECOn ERA(303)19}1218 IAN D.M CARGAR DANIEL T.1.9C's 15 May 15, 1990 Mr. Lee D. Morrison Assistant County Attorney Office of County Attorney County of Weld P. O. Eox 1948 Greeley, CO 8-0632 Dear Lee: IN RE Laku Landing -Annexation - Town of Windsor This will confirm our telephone conference of this morning. On May 14 , 199D , the Town of Windsor adopted the enclosed Resolution accepting the annexation petition of the owners -of the Laku Landing property. We -are proceeding with our negotiations with the property owners and the developers and are confident that an annexation nyteement will be reached and that the property will be annexed oht the eiToTown of Windsor. As you can see by the itesolution, a public on the annexation is set for 7 p.m. on June 11, 1990. In Light of the annexation petition and the intentions of the Town with regard thereto, we request that the Weld County Board of Commissioners suspend action on Laku Landing' s petition for special use review until we can complete the annexation process. This will, of course, render the need for such e review moot. The Town believes its request most -expeditiously serves the needs of all parties. 00441 1 Mr. Lee D. Morrison Assistant County Attorney County of Weld Page 2 May 15, 1990 Thank you for taking time to speak with Janet Lathrop and me this morning. We look forward to hearing from you concerning this request. xf Ve (tru yours, John . F y Town Att ey Town of Windsor, Colorado jpk c: Ms. Janet E. Lathrop, Assistant to the Acting Town Administrator, Town of Windsor 900441 Laku Landing A World Class Water Ski Site Randall Hocking Philip Yastrow • _. 353-3750 229-4544 ENIMI P.O. Box 332 Windsor, Colorado 80550 May 14, 1990 Weld County Commissioners c/o The Clerk to The Board of Commissioners 915 10th Street Greeley, Colorado 80550 Dear Commissioners: Our Use by Special Review application will be before you on May 23, 1990. There has been some controversy concerning our project, most of which can be equated to unfamiliarity with the sport of competitive water skiing, as well as the lack of knowledge regarding the location and topography of the land being used for our project. We made a public advertisement in the Windsor Beacon on April 11 for any concerned citizens of Windsor to visit a tournament ski site in Greeley on April 14. Considering all of the public concern at the Windsor-Planning Commission meeting on April 5, we were surprised that only five people (four of which are tournament water skiers) showed up to see first hand a tournament ski boat and skier in action. We would like to extend a similar invitation to any Weld County Commissioners that would like-to visit the Greeley ski site on Saturday, May 19 or Sunday May 20 from 2:00 to3:00 p.m. This visit will enable you to see a tournament water ski site as well as listen to the amount of noise generated by the boats that we will use. On both days, immediately following the visitation times at the Greeley site, we would like to go to Windsor and give you a tour ofl,aku Landing. A tour of the property will help put the impact of our project into a useful perspective. Directions to the locations are as follows: 2:003:00 (Rocky Mountain Water Ski Club in Greeley) This site is located 1/4 mile east of the intersection of U.S. 34 and U.S 85 on the North side of U.S. 34.Enter the property on the dirt road (via the frontage road) just east of the campground. The address is 727 E.27th Street and is the private drive of Dick and Sandy Kobel. 3:30-4:30 p.m. (Laku Landing in Windsor) The site is shown on the other side of this sheet. Because the main access tol,aku Landing does not yet exist,-the best access is located on the South end of the property which is difficult to explain. Rather than describe the route here, we will meet at 330 at the bend in WCR 66 just West of WCR 17, and just North of the Windsor Packing-Plant. We are very excited about our project and would like you to have as much knowledge as possible relative to the site and our proposal. If the above times are inconvenient and you would like to see the sites at a different time, please contact Randy at 353-3750 or-Phil at 229-4544. /p/Li kvoi /4, dzii, 900441 Hwy- 392 ma.a4. Main StreetZu\ iLll ll .. IlP ds©P L I� .,.. �� O Tin ea Y end t..emt —°m ,h,.... ..a.. °" 1►��11 nmm�mnAC�n1 `&a . r� ) Stone Mt. Rood Ouch :Li!_-- _� Q = .ms: Q,%' . ti ® RAInO'. a (� III �� I.?l �l 2 ® 21 UDR 66 o on ® - f.t..�°,eIF,,..tt. �a«ss-e A� ____ R `ier ...a..ht.. ® QD'. /. _ e see o100P s9e zeu6 £ A 26 Scale (feet) S 0 5 Parcel located North half l section VAc5,n Qmy Gap South r seven 31 9 a sixth P.N. ° 900441 The',fluty('port lone Mk Loam ayprm eel by the • D P ' 'VP Colorado Real Estate Comm its ism IICItS 2-5-$71 r ( APR 1A1990 THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TA%DROTHER COUNSEL SHOULD NSULTED BEFORE S NIN•r COMMERCIAL Weld Co.-Warping Commission CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) • Jan. TO .19 90 I. PARTIES ANU PROPERTY. Randall L. Hocking and Philip G. -1-astrow ( ` ' .inrchncr(s) lenanum/40/V/qI y(t apccv hi buy.and thn undersigned wIler(s)ISellerI,agrccs m call.CM the erns and conditions set forth in this contract.the following described real estate in the County of Meld ,Colrain.to'sit Legal description to be attached -- 130.65 acres in S20 and 29 T6N -267, Southwest of Windsor, Colorado Also adjudicated well , permit 23097, and 6 shar-es of B.H. Eaton Ditch Loan.°as No. Mors a aaow.x•a.Tone.Loi together with all imcreq of Seller in vacated streets and alleys adjacent than°.all easements and other appurtenances thereto.all improvements thereon and all attached fixtures thereon.except as herein excluded.and called the Properly. 2. INCI.USIUNS. 'I be purchase price includes the Rikwaing inns(a)if attached to the Pmpcny can the date of this contract:lighting.heating. plumbing.'cnlilning.and air conditioning futures.snWOfirUbutgtar alarms.security devices.inside telephone wiring and connecting blocks/jacks, plants.Hoot covering v.intcreswu quoin,built-in kitchen appliances.and sprinkler systems and controls;and(b)if on the Property whether attached or not on the date of this cantracl: Wiring paid for by seller to PSCo. line. -Pumphouse and pump on B.H. Eaton Ditch The abuse-described included items(I nclusios)are lobe conveyed to Anchises by-Seller by bill Stale at the closing.free and clear of all taxes.liens and ens umbr:necs.except as provided in section I0. The follow ing attached in ono are excluded(run this sale: • i n. I 3. PURCHASE PRICE ANDTERMS. The purchase price shall be S _ ,payable in U.S.dollars by Purchaser as follow.*(complete the applicable team below): -Plus 4750 for well - s dal Earnest Money. S 1 .-000.00 in the forma personal chock ,as earnest mono deposit and art y pso p payment athe purchase price.payable to and held by -Wit ndcor T2pal Tctatp To ' .-broker.in broker's trust account on behalf of b,th3cller and Purchaser.Broker is aut,orircd w dcfiver the carncst money deposit to the closing agent.Irony.nor before closing. (hl Cash at Closing. - S to he paid by Purchaser at cluing in cash,electronic transfer funds•certified check.savings and loan teller' check,or cashier's check.Subject to are provis 4Ins tdsection 4.Ville noting ken tubrq at LSTine dckning shall be different from the kun balance inaction!. the adjustment II ben made inrush at closing or paid asful kw._. in acrnunt--tn'he drawn Tnr arrpsc or bridge -with remainder to be received by seller at closing. Dius payments of S bei'2{Xp)'. ck month for -60 months, then balloon of remainder, interest being 10% S by Purchaser obtaining a now kun.This Lon will be secured by a(In.2nd.etc.) - ' I deed of trust. The new loan to Purchaser shall be amortized ants periodo yeah at appmalmately S per month Including principal and interest not to exceed 3 per annum,gds,if respired by Pwthasa's lender,a monthly deposit of 111 of the estimated annual real estate taxes•properly insurance premium,and rmrtgage insurance premium.If the loan is an adjustable interest rate or graduated payment kun.the monthly pay ntcnls and interest rate initially shall no exceed tae figures set forth above. Loandiscount points,i[any.shall be paid to knicr at eluting andshaltm cured 'Loaf the total loan amount. The first(1.2.etc.) loan discount plaints shall he paid by -and the-balance.if any.shall he paid-by Purchaser shall timely ray u loan origination fee eat Io cacced 'k d t c loan amount and Purchaser's loan costs.Cost of any appraisal for loan purposes to be obtained after this dale shall he pit by upon bun applies'io in as required by lender. , (dl Assumption. ,�kkkk by Purchaser's assuming and agreeing to pay an calming loan in this approximate an i nit.presently payable at per month including principal.interest presently at %per annum,a including escrow for the following as indicated:fl real estate tasci, f]property insurance premium. O rvwlgage insurance premium.-and .Purchaser agrees to pay a bun transfer fee nun hr evened S .At the time of assumption.the new interest rate shall rRw exceed 'A peran nu and the new monthly P;lytnen shall not exceed$ plus-escrow•if any. •,- Seller 0 shall 0 shall not be released horn liability on saki knot. If applicable,compliance with the requirements(or release from liability , shall he evidenced by delis cry at cluing of appropriate letter(em kn et.Sast payable for release of liability shall he paid by in an amount not to exceed$ No. CIIN 2.5.59. /'tlsl'11.91 151.I lIX TRACT T(1 HUY ASI)MIt.REAL,l?TAT): • „,-,—)e."//1'.//.L 14�IMi i'vtd,alva.ail t-gnr S ,tb r t. I„uopr:. I .tI:v:.:Yes bay •1 5 lei Seller or Prisate'ulnl.Iarty Financing. Remainder of not used for bridge or :access -sub- QrdCtcd frrm " .. 1w Purchaser Poulingaplrnis.nry note guablctor Fffw'in n RN( MarjnriP A Karillh on the mite hum as indicated:(check one blot rX 11ight•bo{Cure NTD X.'.11.3rjtlu Hipin'tu•Cure Nil)111-I1•X) Ii secured Iry a 11.1.A.l,etc.I .1St_ Ihrd to trust encumbering the I'n7\'r ly.using ike form as.indicated:(sheet.one hos I (j(Suicl Due oin.S.dc 1'1 n 72.1143) Q Credilwtwthy(TD 73.117111 O AseunsaNe—Not due on sale 17l)7a-11•X)) n yy The pnunissry now shall be:smith/cal on tic knit of xa )tan.Tapllk al S — _ twr month Including principal and interest m the rale of 10 'A per amann.Payments shall a vmcne 30 days aft Pr rlosing slot hall 1e due on the same day leach succeeding month.If not sooner paid,foe balance of principal and accrued interest shall be due and payable five years after closing.Payments O shall Q(shall not he increased by Y:of estimated annual real estate taxes.and Ll shall l'4 shall rot be increased by Se of estimated annual property Insurance premium. The bun shall also ennui:10w.following Lanai as indicated.If any payment is rat received within 113 calendar days after its clue dale,a late change or 5 'T of stab monthly payment shall he disc.InrcKrl M kn er disbursements under the deed of iI u I shall be ra' par annum. Ik'faull interest rale shall he add!t I nriil 'altQt'nwln. Purchaser may prepay without a penalty except during first year 4. FINANCING CONDITIONS AN IIt)ltl•ICArIf1NS. la)Lain Application(s). Ifl'unh:scr isln pay alt nr pan of the purchase price as set bath in Sell,. ,,)I.)onlaininy a new IWni rat if an existing bun is not Bo be rebated as scan;'.Purchaser,if required by such lender.dull nuke wriuen applicmbn within X calerslar_l:lys from acceptance of thiscornrxt.Turehattr shall cooperate with Seller and lender to obtain loan appmul. diligently and timely pursue same in good faith,execute all document and furnish all information and documents required by the lender.and.subject to section 3.timely pay the coils of obtaining such bun ow kndcr cnmc14. Ibl l.nan A pprns al. If Purchaser isle payall It part tithe outshine priors.'"obtaining anew Yon as specified in section I.this contract is conditional upon lender's app's..a I PI 1lie Iles ball On Of IN owe -x ,19_ .If nl so approved by said dale.this contract shall terminate.If the bun is so approved.but such proceeds arc not available to PVIChauCI as required in section 5(Gad funds)at the time of dosing,closing shall he esiended inc now for calendar days(not to exceed(51 for).If sufficient funds arc not then available.this contract shall terminate. (c) fatting-Loan Hes ices. If an flitting bun is Mal to be released at cI,un ,Seller shall pnnidc copies of the loan documents(including none. deed of trust, modifications)Its Purchaser within X calendar days horn acceptance of this contract. This contract is conditional upon Pur• chaser's review and approval of the provisions tisuch bun documents_Ptwehascr consents la the Provisions of such loan documents if no wriuen objection is resciscd-y Seller or Listing Company from Purchaser wahin calendar days from Poo tuners reve ipl of such documents. If the le niter'a approval w a Ir.Inskr ill the I'nlpny is required.this Pxnraet nsuwslawWl upon l'urstotsc:stbtaining such approval w Illsnl change in the hams of such bun-escepl as set forth in section).If lender's appnoal is raw dwaincJro er before X . 19 ,this contract shall he terminated on such date.If Seller is to be released from liability unks such ex-rating loan anlTurchater doe.not obtain such compliance as set forth in section 3,this cunt fact may he terminated at Sclkes optima Ill Assumption Balance. If Purchaser is to pay all or pan tithe purchase twice by assuming an existing ban and if the actual principal balance of the existing bun al the date of closing is less Ilan use anaan in scale 3 by mare than S X .then Purchaser may terminate this contract effective upon receipt by-Seller or Listing Company of l'urehaeas written notice of termination. (el Credit Information. If Purchaser is to pay allot part of the purchasepriceby csccutingi promissory note in(any ciScllcr or Kan esisling loan is not to be released at closing•this contract is conditional upon Sckr's apt wtnal of Purchaser's financial ability.and eredltworlhiness,tohick appmnil shall be at Seller's sole and absolute discretion.In such ease:IUUPuresascr shall supply to Seller on ur before 19 .al Purchaser's expense,information and document constrain;Purchasers financial,employment and credit condition:(2)Purchaser consents that Seller may verify l'urclusc6Tinancial ability and creduwuxthinrn:(d)any such infer matinn and documents received by Seller shall be held by Seller in confidence.and not released to when carp t.q'n sect Sellers interest in this transaction:(4)if Seller does not pnnidc sullen notice of Sellers disapproval to Purchaser on or h'ftwe X I9 X .then Seller-waives this condition. If Seller does provide w riven notice of disapproval to I'urehaser on or before said date,this contract shall terminate. "• S. COOD FUNDS, All payments required at ehising shall he rtaak in funds which comply with all applicable Colorado laws. h. NOT ASSIGNABLE. This contrast shall not be assignable by Purchases wahrMSellct's prow wrillen consent. ExceN as W restricted,this contract shall inure m the benefit it and be binding upon the heirs.srwwul representatives.sueeessts and assigns of the parties. 7. EVIDENCE OF TITLE. Seller shall furnish to Purchaser,atSclkr'scsp:nse•enheracurrencommanunl for nwntr's title insurance policy in an amount equal in the purchase price ow al SNkr a choice.an a)bsiral it ilk(citified to a current date,on er before may I 19 qf) . If a title insurance commitment is furnished.Purchaser may require of Seller that copies of instruments(or abstracts of instruments) listed in the schedule of cut:ptions(Exceptions)in the the insurance commitment alw be furnished to Purchaser al-Sellers e.pcnse.This requirement shall pertain only tat instruments disown of record in the office of the ckrt and rtnoler of the designated county or counties. The tide insurance commitment.together is ith any copies or abstracts of instruments furnished pursuant to this section 7.constitute the title docume ens alit le Documents I. Purchaser must request Seller to furnish copies tw abstracts of ircummeas listed in the schedule of exceptions no later than -U calendar days after Purchaser's receipt of the title insurance nwmntamen.If Seller furnishes a tele insurance coammitmen.Seller will have the title insurance policy del ncoed w Purchaser as sun as practicable after dosing and pay the premium al closing. X. TITLE. (a) 'Filly lies lew. Purchaser shall Prase the right ha inspect the Tile Documents or ahsl ran. Written notice by Purchaser of unmerchanuhilitc of title or of ally oilier unsatisfactory bile ctwdItim shown by theTule Documents or abstract shall he signed by or on behalf of Purchaser and gisen to Seller or Listing Company on or huhwe S ukrslar days after Purchasers receipt of-Tide Dmw'nnents or abstract.or within hoe 151 calelslar days abet receipt by furs hater of any'Fate tX•unwraU)is emb wseincnt(sl adding new L.seept boo sl to the tide commitment together w ilk a copy of the'I tile Documnit adding now Essept i mtsl ors Lek.If Seller or Listing Company diva not receive Purchasers notice by the date(.) specified above.Purchase' shall be deemed to have accepted the nwsdaim u(tad as discksad by the-rule Documents as satisfactory Ihi Matters Not Shown by the Public 'Accords. Seller shall Miser to Purchaser.un or before the slate-set forth in section 7.True copies of all leases el and surse'hsi in Seller's possession pertaining to the Property and shall digs Yoe W Purchaser all eaKrtwnts.liens or other tide matters-not shown he the public rcctnds of which Seller has actual knot.1c4c.furs haws shall lair she.iglu to inspect the Properly to determine if any third part'(s)has any right in the Property nn shatm n by die public records(such as an un,co.nkdeattnen.unrtcomled lease.or boundary line discrepancy).O}itten notice of any unsatisfactory condition(s)disclosed by Seller.w resealed by such imgwtt:n dull he sigrxil by or on behalf of Purchaser-and given m Seller or Listing Company on or before May 1 ,19 .IfSeller or Listing Company does not receive Purchaserktrunice by said date,Putchaser shallle deemed to laveaccepted title subject to such rights.if any,of third parties of which Purchaser has actual knowledge. u, (C)Hight to cure. If Seller or Listing Company t ucives nitric(oienncrtbaIXahley Li title or any other unsatisfactory tide condiliontslas provided in whsectiun taint lb)Ant,Seller shall us reas nahlc effort to orrref said unsatisfactory title condition(%)1X lot to the date of doting,I(Seller fails It correct said unsatisfactory title❑onlition(s)tin Of before the dare dck.ir$,this contract shall then terminate.subject to section 17:provided.however. Purchaser may,by w r It ten voice received by Seller or Listing Company mow before ekising•waive objection In said unsatisfactory title conditions). 900441 a 9. ILVI'EOFS:LOSING, The date of closing dull be MV IC ,19 )— ..bynutttal agrecnn•nt at an earlier'Lit. The hour and place of closing shall be as designated by Windsor Real Fstate rn /1iiyPr/eel lPr 10.TRANSFER OF TITLE. Subject hi tender or payment tat dining utequirtd herein and compliance by Purchaser-with the other terms and provisions hereof,Seller shall execute-and deliver ayo.d and sufficient grnPral warranty deed to Purchaser. on closing.curtseying the Property free and clear d all taxes except the ram'taws kw the rani closing.and except ;lice-and clear ofatl1 liens for special impnwemcros installed as of the slate of Purchaser's signature hereon.whether assessed Of nut:eseept diuributiun utiley casements.including cable TV;except those matters reflected by the Title Documents accepted by Purchaer in accordance with subsection E(a):(seeps Uwe tights,if tiny,of third panics in iheProperty not shown-by the public records in accordance-with subsection 11(h):and subject o building and toning regulations. - I1. 1:\VM ENT OF F:N'CUAIIIK ANCES. Any encumbranceN\(u,redk.be paid shall be paid at tit lRfure the time ofwtlleuKrU(man the proceeds or this transaction ear from any wlwr source. 12. CLOSING COSTS. DOCUMENTS A-NO SERVICES. Punhaset and Seller shall pay their respective closing costa al closing,except as otherwise provided herein. Purchaser and Seller shall sign and contpkte all cv.ltarW y-or required documents at or before closing. Fees for real estate closing and settlement-services shall not exceed S -- and shall be paid al closing by k1-f0 hl Ter & 13. I'RORAI IONS. General LIAC1 for the year or Closing.based ua the most recent levy and the mast recent assessment.rents,-water-and sewer charges._.owner's aswwiation dues.and interest on continuing lofty.if any.-and shall be prorated to date of closing. Any sales.use and transfer las that may accrue-because of this tranuct:ashall-trc pail by h jyPr • la. I'OSSE.SNION. I11ssessrn n.f IN:Property shall ledelivered W Pwsha4l at Getout date of closing. No portion will be released intil 'or unless one-half the principal has been laid. At that time any survey of a released portion and costs of any subdivi'ding will be paid by buyers. subject to the following leasels)or tenancy(s): None IfSeller. after closing. fails to deliver possession on the date herein specified,3clkr shall be subject to eviction-and shall be additionally liable to Purchaser for payment of S XX per day from the dazed agreed possession until possession is delivered. 15.tONDITION OF AND DAMAGE TO PROPERTY. The Prsgertyand Inclusions shall be conveyed in their present condition.ordinary wear and tear excepted. In the event the Property shall be damaged by firror other cattashy prior to time of closing,in an amount of not-more than ten percent of the tool purchase price.Seller shall be obligated to repair the-sane heroic the date of closing. In the event such damage is not repaired within said time or if thc-dmnages exceed such sum,this contract may bemrminated at the optiunv(Purchaser.Should Purchaser elect to carry out this contract despite such-damage. Purchaser shall be entitled to credit la all the insurance proceeds resulting front such damage to the Property and Inclusions,not exceeding.h,twever,the total purchase price.Should any Indus-awes)or service(s)fad or be damaged be.wren IhWae of this contract and the date of closing or the date of possession,whichever shall,bc earlier.then Seller shall be liable for the repair or replacement of such Inclusions) Of senicetsl with a unit of similar site. age and quality,-or an equivalent credie, less any insurance proceeds received by Purchaser covering such repair or replacement. 16. TIME OF E:SSF:NC FJR EAIEDI FS. Tillie is of the essence-bctcn(.If any nines check reccivcdas-carnest money hereunder-0r any-other payment due hereunder is nut paid.honored or tendered wh:nadue.oe if any odor obligatiorrhercundcr is not performed or waived as hereinpruvidcd, there shall be the following remedies: (a) IF I'LRCIIASER IS IN IIER\UI.T: IF THE DON IN SUIISEC(K)N(D IS CHECK ED.SELLERS REMEDIES SI IALL BE AS SET FORT!'IN SUBSECTION (I) (SPECIFIC I'ERIORAMANCEI. II'SAID IRJX IS t4JGLlILCKGD,SELLERS REMEDIESSITALL BE-AS SET FORT11 IN SUBSECTION(2)ILIQUIDnATED DAAIAGLSI. } . �J 111 Specific Performance. Seller may elect to treat this contract as cancelled.irks high case all pit terns 39J things of value received ho eunder shall be forfeited and retained on behalf of Seller.and Seller may recover such danuges as nray be Pala.or Seller nsay elect to treat this contract as(wing in full force and effect and Seller shall have the right to specific perf.rnancc tr damps.a both. (21 Liquidated Vantages. All payments and risings of value received hcrcurdcr sruR be lrfvaed by l's rshasor and retained on behalf of Seller and both parties shall thereafter he released from all obligations hereunder. It is agreed that such pa1nxres ars)things of value are LIQUIDATED DAMAGES and(except as provided in subsection fell arc SELLERS-SOLE AND ONLY REMEDY lrl'urctuscrl failure to perform the obligations of this contract.Seller expressly waives the remedies dspecificperfor ance an)ad4rwaul danu es. (b) IF SEI.I.1.R IS IN DEF'AUI.T: Purchaser may elect to treat this contract as caneclld,insAsh case all payments and things o f value received hereunder shall be returned and Purchaser may recover suchalamagesas nay-toe proper.a Pu chasermay elect to treat this contract as twin; in full force and effeetand Purchaser shall have the tight to specific perfanunce Of danuges.a kith. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding,in the event dam litigation sat arbaration arising out of this contract.the court shall award to the prevailing party all reasonable costs and expense.inck Ling amatory fees_ 17. EARNEST MONEY DISPUTE. Notwithstanding any termini:on of this Warrant Purchaser andScller agree that. in the event of any controversy regarding the earnest money and things or slue held hySn►es a clvdng agent.unless mutual written nag r uciiuns are received by the holder of the earnest nosey and things of value,broker or cluing agere shall tae he reepaired to talc any action but may await any-proceeding.or at bmker'sror closing agent's option and sole discretion.may interplead all punks awl deptasi any awns or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney(des. IS. INSPECTION. d'urchaserur any designee,shall have the right-eta have imyectiors(s)ofthe physical condition of the Property and Inclusions. a Purchaser's expense. If-written notice of any unutisfachry eundiwa, signed by Purchaser. is not received by Seller or Listingtompany on ear before Feb. 1 . ,1990 .the physical condition oldie Property and Inclusions sisals be deemed to be satisfactory to Purchaser. If written notice of any unurisfaenay-nnjawm.signed by Purchaser.is given to Seller or Listing Company as set forth above in this section. and if Purchaser and Seller havtflan teethed a written agreement in settlement thereof on or before MA rr'h 1 .19 go .this contract stall then termtinate,subject to secdiun I7.Purchaser is responsible and shall pay(or any damage w Kish occurs to the d'roterty and Intlusasm,ass ren.s d such inspection. . 900441 19. AGENCY DISCLOSURE. The lisliny bunker. Windcnr P ai ECtafP CO, • and ih+ales agents ILi•liny Company I iejucknt Seller.The listing Cu tupany inn Junks of trust. loyalty and cndldntcc to Seller only. While the Lining Company has a Jute to treat Purchaser honestly.Mc Listing C.wnpam is Set let's agent and is lilting om Muir••I Seller and not Purchaser. BY SIGNING IILLOW, PCIRCI LASER AcKNOWLEIXiliS PRIOR TIMELY NM ICE IlY LISTING OR SELLING CGSIIANY THAT LISTING C'GSIH\N1•IS SELLER'S AGEN T. The selling broker Windsor RPM FsfatP rut and its sales agents ISclling Qnuls:oy)reprewn: $11' I Illi IIUC IN SUUSLC I ION (hl IS CI II.CK HI). SELLING COMA:\NY REPRESENTS I'URCIIASEII ONLY. AS SETTORTII IN SUBSECTION nil. IF TIIIVBIOX IN SUIISECTION 1111 IS NOT CIIECK ED.SduI.I.ING CUSIPANY REPRESENTS SELLER ONLY.AS SIT I1RCI11 IN SUBSECTION dal.I la Seller. The Selling Company owes duties of trust.loyalty and nnrdohcc w Seller only. While the Selling Company has a duty to treat Purchaser honestly.the Selling Company is Seller's agent and is acting nn hhalf or Seller and not run-tiro-cr. UV SIGNING IIELO\V.PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE UY SELLING CUMIfNY MAT SELLING COMPANY IS SELLERS AGENT. O Ibl Purchaser. If the her Is checked:The Selling Company owes duties of num.hahy and confidence to Purchaser only. While the Selling Company has a duly In Ircol Seller Iturestly.the Selling Company is actirg m Mull tt l'unhaser onJ Cwt Seller.SEIJ.Iilt ANI)LIS1ING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE UY SL'WNC:CCMIINNY THAT IT IS PURCHASE'R'S AGENT. 20. ADDITIONAL PROVISIONS: No acreage released before % principal has been paid No closing until approval by Weld County, EPA, Corps of Engineers , Mined Land Reclamation Division, PIMA or any of the above that prove necessary Reasonable expectation of usable water from well and B.H. Eaton Ditch for pro- posed purposes of lakes and plantings, augmentation of evaporative loss and domestic home usage Buyer gets '/t mineral rights and % oil and gas rights and ''Is gravel rights on land purchased in S20 and % same rights in S2g Buyer to receive -6 shares BH Eaton Ditch water Buyer understands ditch bridge repairs are shared by Awner and Kodak or Ditch Co. Purchase includes Whitney Ditch bridge on E. side of river which may be used for acces! through proposed River Trails subdivision, & includes Tract D of River Trails Buyer immediately has hunting, fishing, occupancy rights Sellers' family to have hunting, fishing, picnic and trapshooting privileges until a permanent family residence is built on the property. Any resident Kadlubs will continue to monitor the property -as they do now and will do their best to keep up no trespassing signs and invite trespassers to leave, as long as their rights last Seller provides survey Easement is also available through Ather farmstead contiguous with SE corner of property Inability to receive necessary permits after due dilLgence voids contract at tuyers ' option and earnest money will be returned, or contact may be extended by mutual consent 21. RECOSISI ENDA'rION OF LEGAL COUNSEL My signing this document.Purchase:and Seller ucknwledge Mat lheSclling Company .n the Listing Company ham rectnonlctwdcd that I'unhaxr anal SOLO shapes the advice of their own legal counsel regarding t. autimation of Iidcatd this contract. 22. TERM INAI'ION. In the mitt this contract is terminated.all part' ens_and things of value retched hereunder shall he returned and the parties shall he relieved of all tithgatwols hereunder.subject to scsinia 17. 23. NOTICE OF ACC EirrA NC ricour T'EKl%ICES. If this proposal is accepted by Seller in writing and Purchaser reeds es mice of such acceptance on or heron Jan. 21 ,19 90 ,this document ent shall become a contract telsseen Seller and Purchaser. A copy of Ihisiheunenl may he eseeutcd by each party.separately.and wheat-all pang has eaccuted a copy thcrnd,such copies taken together shall h• deemed •afar a t nplete conic thin • ink parties. �y(/��a�.,.('M /) deemed t / Ito /W-ST IVN/ 1/X! 70 Purchaser's Address l ITO UE COMPUTED BY SELLER AND LISTING COh11W NY 11. ACCEPTANCE/COMMISSION. Seder accepts he about proposal this Jayd . 19 . Seller shall pay to the ListingCumpany a e.nnmiuwn of %lithe guns purchase Nice or as agreed upon betssecnSeller and Listing Company rut servim in thistraasactin.In the event of forfeiture of payments and thing.of rlluc receised hereunder, such payments and things it value shall be diviskd Mweenlrisaing Company and Seller.one-half thereof to Listing Company,hut not to eweed the commission. d the Iulance m Seller.d.L. It oo C„ tsar LWe s , �\-(s� u.., Seller\Address y (O 1 C)tcj( w —" t OS S—�) •The undersigned Selling Company acknowledges receipt of the earnest nuwy.kluta specified in sectwm 3 and both Yelling Company and Listing Company confirm the respective agency didisclosure seset icth in ssctsa 19. S k s Ctt)aayt-r �a aX LvJCaxsi _ errcaur- nearwr. n.,. Address Listing Company thy: r1.yM"RI tint Address • 900441 . -Sr,- * . r 7U of `Wincsor' *7 z, 'a 301 WALNUT • WINDSOR, COLORADO 80550 TELEPHONE: (303) 686 7476 May 9 , 1990 Ms . Lanell Curry Current Planner Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: Laku Landing Special Review Permit Dear Lanell: The Windsor Planning Commission, at their regular meeting May 3 , 1990, amended their original recommendation to deny the Laku Landing special review permit. After hearing a presentation from the applicants the Planning Commission now wishes to inform the Weld County Commissioners that they recommend approval based on the submittal of an annexation petition delivered to the Town of Windsor on May 2, 1990 . Please let me know if you have any questions or comments . Sincerely, TOWN OFy/WINDSOR ci Janet E. Lathrop ,� Assistant to the Administrator jel p i MAY 1 I 1990 ;�LL weld L0. &tho na ,x.00,, 900441 STATE OF COLORADO COLORADO WATERCONSERVATION BOARD • -Department of Natural Resources 721 State Centennial Building 1313 Sherman Street ^� Denver,Colorado 80203 Phone: (303) 866-3441 Roy Romer Governor May d , 1990 I.William McDonald Director David W.Walker Deputy Director Chairman Gene Bratner Weld County Commission 915 Tenth Street Greeley, CO 80632 Dear Mr . Bratner : Submitted herewith is a letter of support for the actions being undertaken by the Weld County Planning Department regarding the proposed project known as Laku Landing: A Recreational and Agricultural Project. Currently, the Weld County Planning Department is implementing the "Use By Special Review" process tot the proposed project. As such, the department is implementing the provisions of the Weld County Zoning Ordinance as it relates to floodplains and floodplain management. I have been in contact with the project ' s planner , Mr . Phil Yastrow, Ms . Lanell Curry of the Weld County Planning Department and Weld County Engineer Drew Sheltinga regarding specific aspects of the project. The Weld County Planning Department with guidance from the County Engineer has developed a series of requirements that the project planners must adhere to . These requirements will insure that the provisions of the Weld County Zoning Ordinance are met and that any impacts to adjacent,upstream and downstream property owners is minimized. In my conversations with Mr . Phil Yastrow, 1 have determined that he and his partner are fully aware of such requirements and willing to abide by the provisions of the county zoning ordinance. Mr . Yastrow has retained the services of Simon and Li, Inc. to design and model the project so that the floodway provisions of the ordinance are met and that there is effectively "no rise" in the Cache la Poudre River floodway due to the development . Mr . Yastrow has also spoken to the FEMA Regional Hydrologist, Dr. John Liou, regarding the "no rise" requirements and as such 2439E* fX/y,a, T J 900441 Chairman Gene Bratner May 8, 1-990 Page two has involved FEMA Region Viii in the process . He is to be commended for this action. In this way, there should be no surprises for anyone involved as it relates to hydrologic and hydraulic determinations for the project . I certainly feel that if the provisions of the Weld County Zoning Ordinance are followed and a conditional Letter of Map Revision and subsequent final Letter of Map Revision are obtained by Mr . Yastrow from FEMA, then the impacts to adjacent,upstream and downstream pro-perty owners will be effectively minimized . if you have any questions, plea-se contact tee. Sincare1y,I. Q '71Caykit — Mark D. Matulik Water Resource Specialist Flood Control and Floodplain Management Section MDM/bj cc: Lanell Curry Phil Yastrow Drew Sheltinga John Liou 900441 t It;r:-- ,r= EMERGENCY MANAGEMENT WELD L,,JNTY SHERIFF 'S OFFICE GREELEY , CO 90631 rH O N E(303)356-4000,EXT.4400 915 10th STREET IGREELEY,COLORADO 80631 111 c. E SE NUMBER USP,-908 COLORADO r9-7.5,i--7, APR 2 7 1990 March 16, 1990 W. Mow t:ummissiuu TO WHOM IT MAY CONCERN: Enclosed is an application from Randall Hocking and Philip Yastrow for a Site Specific Development Plan and a Special Review permit for gravel mining and reclamation for a recreation facility in the A (Agricultural) zone district. The parcel of land is described as part of the Si of Section 20, T6N, R67W and part of the Ni of Section 29, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to the Town of Windsor; west of Weld County Road 17, at the west end of Weld County Road 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration _of your recommendation. Please reply by March 30, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to 'our address listed above. 1 . We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following xeasons. • 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. y We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Gei L'S'oFNJ 900441 �X/t/13/ T 1 Laku Landing A World Class Water Ski Site Randall Hocking Philip Yastrow 353-3750 + 229-4544 6-GILD 13rovArte-r P.O. Box 332 Windsor, Colorado 80550 April 20, 1990 Weld County Department of Planning Services do Lanell J. Curry 915 10th Street Greeley, Colorado 80631 Dear Lanell: This letter is to inform you that we wish to continue with our Use by Special Review permit application. The Weld County Planning Commission recommended denial of our proposal to the County Commissioners because they felt the Town of Windsor's interests would best be served if we annex into Windsor. Unfortunately, Edwin and Marge Kadlub, who we are purchasing the land from, are very concerned that if we annex and don't execute the project they will be stuck with land that they would otherwise prefer to leave unannexed. We are entering into a pre-annexation agreement with Windsor that will insure we annex within a certain time frame. This time frame has not yet been determined. Given this agreement, they will hopefully send an official testify at the hearing in our behalf. There are obvious benefits to our annexation into Windsor once we begin the residential stage of the project, but by that time the Kadlubs will be confident our project will continue to completion and they will never get the land back. We appreciate all of your support and agree with the development standards you arrived at. Sincerely, Randy king Phil Yastrow PACIVA-S)/12747 c: Director, Weld County Department of Planning Services Chairman, Weld County Planning Commission )Chairman, Weld County Commissioners if art 2 0 1990 I IL Weje Cu,.. Plaaadaaae await 900441 ' be- hibkf -F LAKU LANDING April 26, 1990 To: Weld County Planning Department This notice is to confirm our understanding that we are, and will be responsible for the advertising costs relative to the notice of public hearing by the Weld County Commissioners for our application for use by special review permit application # USR-908 . Sincerely� � � //cA , Rand Hocking r�! APR 2 6 1990 U_\ Weld Co. Planning Cammiscium 900441 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 17, 1990 A regular meeting of the Weld County Planning Commission was held on April 17, 1990, in the County Commissioners' Hearing Room (Room 0101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ernie Rosa, at 1 :35 p.m. Tape 372 Bud Halldorson Present Ann Garrison Present Jerry Burnett Present LeAnn Reid Present Rick Iverson Absent Judy Yamaguchi Present Bud Clemons Present Jerry Kiefer Absent Ernie Rosa Present A quorum was present. Also present: Lanell Curry, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on April 3, 1990, was approved as distributed. CASE NUMBER: USR-908 • APPLICANT: Randall Hocking and Philip Yastrow — Laku Landing REQUEST: A Site Specific Development Plan and a Special Review permit for gravel mining, processing, and reclamation for a recreational facility (ski lakes) in the Agricultural gone district. LEGAL DESCRIPTION: Part of the Si of Section 20, T6N, R67W and part of the Ni of Section 29, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to the Town of Windsor; west of Weld County Road 17, at the west end of Weld County Road 66. APPEARANCE: Philip Yastrow, applicant, stated he and his partner want to create a water skiing site and build two homes on the property for themselves. This is marginal land and would be put to a good use. The proposed east lake will encompass 19.6 acres And the west lake will be approximately 14.2 acres. The lake area will be bermed with trees planted around the top to mitigate both sight and sound, although sound is really not a problem with the kind of boats that will be allowed on the lakes. They will plant as many trees • 900441 Summary of the Weld County Planning Commission Meeting April 17, 1990 Page 2 on she property as they can without upsetting the flood plain. They plan to create two Christmas tree farms on the property. The _gravel mining operation will not be a commercial venture. They are donating ss much material to area cities and the County as they can use. The only reason for the mining operation is to create the lakes, which will be filled by subsurface water. They will not remove all gravel from the lake beds, and they hope to have the mining phase of this plan completed -within three years or less. Access to the site will be from Weld County Road 17. The west lake would be used privately. They intend to form a private water skiing club with about a ten family maximum membership. The -east lake -would be used for a -water -skiing school, etc. , if they are able to work but a liability plan. They realize that might require an _amended permit. He presented area photos - which -were retained by the staff as evidence. They intend to be in compliance with all required PIMA regulations. Randy _locking, applicant, stated -they intend to hold three tournaments a year, but it will take about two years before they will be able to do this. At tournaments there will be about d0 people who participate. The Chairman called for discussion from the member-s of the audience. Barbara Steffens, surrounding property owner, _does not want the applicants to take her remarks personally, but -because she lives so very close to this property it will impact her heavily. She is concerned about obstructing the flood plain. Also thirty-five to suety trucks per day from the gravel hauling operation will create a lot of dust and noise. Marg Kadlub, property owner, spoke in support of this request. She is planning a subdivision on land adjacent to this property. _From research she has done, she feels this will be an asset to the area, and swill increase rather than decrease property values. Josephine Wolfe, Windsor resident, feel this -project is a rape of the land, and will have appalling impacts on the Town of Windsor. She -supports a recommendation for denial. Thomas _Francis, C.E., surrounding property owner, spoke. -He distributed a letter entitled "Points of Contention." This was retained a evidence- He is against this -request because of dust, increased traffic, noise. Noise levels will be high during acceleration of the boats. Eventually, he slants to develop his land and -this will be a detriment, and will decrease property values. FEMA maps are inaccurate and if FEMA approved the applicants request, they are free of liability. This plan should be done an an actual survey of the property and the surrounding area. He has no -problem -with orderly development, and he wants development to take place from actual surveys and not FEMA's maps. 900441. Summary of the Weld County Planning Commission Meeting April 17, 1950 Page 3 Lee Morrison explained shat ₹BMA just places an alert that precautions may need to be taken. Diann West, surrounding property owner, spoke against this request because of the noise of the boats, excavation equipment, :and trucks. She also inquired how infractions of _noise and dust abatement sre handled? Wes Potter, Director, Environmental Protection Services, explained how their office Enforces dust and noise complaints that are associated with Special Review permits. Martin West, Realtor, is against this request because of -increased noise, dust, traffic, and its proximity to -a residential area. Also, would the provisions still apply if the property were abandoned or sold. Lanell Lurry reported -a sale would abandon the land-use permit. The permit does not run with the land. Lee Morrison reviewed the State Statutes pertaining to -gravel mining and different uses of the land. Gene Simpson, area farmer, reported they live £lose to some other gravel mining operations and there is noise and dust, which is all part of a gravel mining operation. However he is really concerned about s plan that will contribute to flooding or change the stream flow. Joan Weser, owner of Vista Linda Subdivision, was concerned about how this project would affect their land. If the property is Abandoned, then what will become of this land? She would like to see this annexed to the Town of Windsor to _give them greater control over the operations. The Lhairman called a break at 3:25 p.m. The meeting was resumed at 3:35 p.m. Phil Yastrow stated farming this land productively would be very expensive. The land would need to be _graded to enable the flow of water. They will not change the flood plain. In other towns that allow power boats on lakes, very expensive homes line the lakes. Competitive water skiing and recreational water skiing sre not the same thing. The excavating will be inconvenient but, topefully, it will not last long. It was as surprise that Windsor wished to annex, and they do want to annex at sometime, but they wish to go this route now. They -have submitted a letter of intent to the Town of Windsor. also, they support the Poudre River Trail. 9C0441 Summary -of the Weld County Planning Commission -Meeting April 17, 1990 Page 4 Randy Hocking reported they had looked at several properties in Weld County before deciding on this one. Members -would be allowed to park recreational vehicles or use tents for camping on the property. Al-so, during competitive events participants -will be allowed to camp -on the property. Bob frank, Chairman, Windsor Planning Commission, explained the Town of Windsor voted for denial o₹ this request. However, the Town was not really against this project, they just felt it -should be -annexed to the Town. The Chairman asked Lentil Curry to read the -recommendation of the Department of Planning Services' staff into the record. Linda Francis, adjacent property owner, Ai-scussed flood -way uses. Dan Matsuda feels this request conforms with both the Town of -Windsor and Weld County's _plans for this _area. He asked that the Planning Commission recommend approval. Frances Simpson, surrounding property owner, felt lakes and river trails sound good, but wildlife and farmland are important too, and -we need to the sure not to alter water courses. Randy Hocking stat-ed they will abide with all laws of the State, County, and the Town of Windsor. MOTION: Bud Clemons moved -based on the testimony given here today _plus the letter from the Town of Windsor, he believes the people of Weld County, more specifically the citizens of Windsor, -would be better served if we forward Case USR-908 to the -Board of County Commissioners with our recommendation for denial to allow the City of -Windsor to annex the -property since this seems to be the major concern of those -who have testified. Motion seconded by Ann Garrison. The Chairman called for discussion _from the members of the Planning Commission. Discussion followed. The Chairman _asked the secretary to -poll the members of the Planning Commi-ssion for their decision. Jerry Burnett - no; Ann Garrison - yes; Judy Yamaguchi - yes; LeAnn Reid — yes; Bud Clemons — yes; _Ernie -Ross --yes; Bud Halldorson - Yes, however, he had prepared a motion for -approval asking those _in the audience to give Weld County's government s thence to try to 900441 Summary of the Weld County Planning Commission Meeting April 17, 1990 Page 5 protect all the citizens. The Planning staff put together lengthy and complicated conditions -and standards that these folks would have to pursue. His personal opinion is that if the applicants _cannot get together with the Town of Windsor they should come hack to Weld County. Motion carried with six voting for and one voting against the motion. The following members wished to qualify their vote: Bud Clemons stated he would also like this. He feels the Applicants have a good plan, but because of the testimony given today he feels the property and the people -would be better served if it were Annexed into the Town of Windsor. He is mot trying to shuck the duties of -Weld County in any way. If the Applicants don't get annexed into the City of Windsor or approved by the Board of -County Commissioners he would like to see them come before the Planning Commission again. Lee Morrison stated the only caveat he -has is that if it is the same permit denied by the Board of County Commissioners they-will have problems starting over as long as the project is basic-ally the same. Unless the project is substantially modified or the neighborhood bias changed they will not le able to reapply for five years. Ann Garrison agrees -with what Bud Clemons said. She feels that the community that is closest to the benefits And the _problems should be the governing body that -regulates the business and receives the -benefits. She clearly feels the people of Windsor Are impacted more than the -people of Weld County as a whole. She thinks the proposal looks really good, but again At is the people of Windsor -who are are going to be positively or negatively impacted -and that government should be the one responsible. The meeting -was adjourned at 4:-47 pm. Respectfully submitted, Bobbie Good Secretary 900441 BESORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons 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-908 NAME: Randall Hocking and Philip Y-astrow (Laku Landing) ADDRESS: P.O. Box 332, Windsor, CO 80550 REQUEST: A Site Specific Development Plan and a Special Review permit for gravel mining, processing and reclamation for a recreational facility (ski lakes) in the Agricultural zone district. LEGAL DESCRIPTION: Part of the Si of Section 20, T6N, IR67W and part of the Ni of Section 29, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to the Town of Windsor; west of Weld County Road 17 at the west end of Weld County Road 66. be recommended unfavorably to the Board of County Commissioners for the following seasons: 1. Based on the testimony given here today plus the letter from the Town of Windsor, he believes the people of Weld County, more specifically the citizens of Windsor, would be better served if sae forward Case USR-908 to the Board of County Commissioners with -our recommendation for denial to allow the City of Windsor to annex the property since this seems to be the major concern of those _oho have testified. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett Judy Yamaguchi LeAnn Reid Bud Clemons Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 300441 xh ko f- USR-908 Randall Hocking and Philip Yastrow (Laku Landing) Page 2 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of 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 April 17, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 18th day of April, 1990.`Cr n Bobbie Good Secretary 900441 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant Laku Landing Case Number USR-908 Submitted or Prepared Prior to Hearing At Hearing 1 . Application 30 Pages X 2. One Application plat, one page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11 . 4-12-90 referral from Division of Water Resources X 12. 4-3-90 referral from West Greeley Soil X Conservation District 13. 4-11-90 referral from Town of Windsor X 14. 4-16-90 letter of objection from Thomas Francis X 15. 3-28-90 referral from Oil & Gas Commission X 16. 3-28-90 referral from Weld County Health Dept. X 17. 3-29-90 referral from Whitney Irrigation Co. X 18. 4-2-90 referral from Weld County Engineering X 19. 3-26-90 referral from Windsor Fire District X 20. 3-20-90 referral from Weld County Sheriff's X Office 21. 3-16-90 letter to applicant X 22. 4-6-90 referral from Army Corps of Engineers X 23. 4-10-90 referral from Division of Wildlife X 24. Noise graph X 25. Planning Commission Sign Posting Certificate X 26. Exhibit 26 - Petition of Objection X 27. Exhibit 27 - Petition of Objection X 28. Exhibit 28 - 4 aerial photos X 9c 0441 Xhi6t+ C USR-908 Laku Landing Page 2 I hereby certify that the 28 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on April 20, 1990.\/ ant,// 1. vV' ��/// et, Planner STATE OF COLORADO ) COUNTY OF WELD ) S1 SCRi•BWo1ND SWORN TO BEFORE ME THIS to ` day of 19 o \\VIA i kt y :. SEALe.'-• : � P U E t.\C/ • A'` p NOTARY PUBLIC Ot rOC My Commission Expires My Gpmmiuion Expires Feb. 13, 1993 900441 ' P N' : ' �� • • Pir w. • .af., Jr 7* , A .6n -:.��i,1.%FT 14.2..1/Mi Int 900441 EXHIBIT Y 5 7131 \iXHHIIBIT 1 VV I chrtho 900441 EXHIBIT 3 U meg E7IBIT t s 90O441 ♦ • I 1 • rr f , �� A j jL aW •c ' mo• - _ l O ate,. . A ..6.44 t �.4 ' \ "wV\‘*MN. A ', t -IA/ WA/Maur w ..../ 900441 EXHIBIT INVENTORY CONTROL SHEET Case USR - Laku Landing !!Exhibit Submitted By Exhibit Description J✓.�J P. C`/ 12. a -S7-14,44-a, y os -R. /?,n9 A CP ✓' le- ,t 2 ,j7 S. 1LJ a 2., T. A'.Gl. �,�.. vSUYi 2-Xpriv l\PLCAiS; C11-3 U. 0. it (211"14 1 /1 w. X. (1 1/ Y. it 2. AA. BB. CC. DD. 900441 - J EXHIBIT INVENTORY CONTROL SHEET Case /AV- , NILjj]i Exhibit Submitted By Exhibit Description A. etta.iN 7.q) leg /At& f / /T P4 O1/kah c 1/ , B. thi'cG_ 6p 'a n� r P Y/za�ai�hf . . C.D. ('dYhl1u9atIAJ /3)D (11-61y! 2t E. Niqfidaid 4Thrytthi/ATL) OSi/_/lt./ tAlz J- F. �] ,(,J mac. 7L' /J� `J gAl tql ad c. Oh/t 1C lei , hd__ 1 i H. @ 6 aAac, ot<.c� N I1 , o n U J 9 *Lig; I. e.?�7V/",•� 00,(7,7'rage/ / i .�' ,41--Z1 /& „z+Z_ 77 J. (..72AC�7. cv /�a' L474I A/-a- a WZNe4n " / yC ;.;?/1.7,7'. e -7 � c R. /6[on /1/ /J o % —7,7/ ,�s,� L. �r C� �j /?fir; LCc' Lt N. 4foJoaMt OrP ft/A N. <7m! / I - `O'i,7/_i 41 :14,4tercii rill i sue/A enzl n i e_../ e2C.,e,J- � � 900441 F e: April 17, 1990 CASE NUMBER: USR-908 NAME: Randall -Hocking and Philip Yastrow (Laku Landing) ADDRESS: P.O. Box 332, Windsor, EO -80550 REQUEST: A Site Specific Development Plan and a Special Review permit for gravel mining, processing and reclamation for a recreational facility (ski lakes) in the -Agricultural zone district. LEGAL DESCRIPTION: Part of the Si of Section 20, T6N, t67W and part of the Ni of Section 29, T6N, R67-W of the 6th 1.M. , Weld County, Colorado LOCATION: South of and adjacent to the Town of Windsor; west of Weld County Road 17 at the west andof Weld County Road 66. THE DEPARTMENT OF PLANNING SERVICES' STAFF -RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Sections 24.7, 44. 1, 44.2, and 44.3 of the Weld County -Boning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive p'lan's Mineral Resource Goals and Policies, the Urban Growth -Boundary Area Goals and Policies, and the Transportation Goals and Policies. The comprehensive plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The Urban Growth Boundary Area Goals encourage the maintenance of Urban Growth Boundary areas that provide an official definition between future urban and agri-cultural land-uses. The proposed use is not considered to be an urban type 9f -development. The Town of -Windsor Planning Commissions' recommendation is addressed in additional comments. The conditions of approval and development standards will ensure that the Comprehensive Plan's goals and policies are met. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. This proposal will not remove prime agricultural land from production. Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include the Cache La Toudre River, agricultural production, radio towers, Town of -Windsor residential subdivision, rural residences, a packing plant, and nonproductive land. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone"01441 district. Randall Hocking Philip Yastrow 1JSR-908 :Page 2 - The Special Review permit site is located in the 100 year flood plain. Special Review permit development standards address the overlay district requirements. No other overlay districts affect the site. - Special Review Development Standards will provide Adequate protection of the health, safety, and welfare -of the neighborhood and County. - his 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: I. 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. 2. 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. Prior to the issuance of building permits for either home, a recorded exemption application shall be submitted and approved by the Board of County Commissioners. A. Prior to recording the Special Review permit plat: - the Special Review permit plat shall be amended to show the location of the fuel storage tank, the judge's tower and _storage building; - the applicant shall submit evidence to the Department of Planning Services that the concerns of the Whitney Irrigation 'Company have been mitigated; - an off-site road improvements and maintenance agreement shall be approved by the Board of County Commissioners to mitigate impacts generated by the operation on County roads. A copy of the agreement shall be submitted to the Department of Planning Services; the applicant shall submit evidence that the access road connection to Weld County Road 17 has been reviewed and approved by the Weld County -Engineering Department; 900441 Randall -Hocking Philip Yastrow USR-908 -Page 3 the applicant shall submit an access agreement with Mr. Billy Shutts for access to the site from Weld County Road 17. The agreement shall be reviewed and approved by the Weld County Attorney's office and shall be recorded with she Special Review permit plat; and the following note shall be placed on the Special Review permit -plat: "Any access to the property shall be considered a private roadway, and will not be maintained by Weld County." 5. Prior to the Special Review permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: the Division of Water -Resources has approved a well permit or other _legal water supply for the mining operation. A legal water supply must be available for the -recreational facility prior to commencement of that use; - a waiver of financial liability for damage 4one by deer to commercial tree plantings on the site has been provided to the Division of Wildlife; - -an emissions permit has -been obtained from the Air Pollution Control Division, Colorado Department of -Health, for fugitive dust and odors, if required; - a fugitive dust control and abatement plan has been approved by the Weld County Health Department; - an NPDES permit has been obtained from the Water Quality Control Division of the Color-ado Department of Health, if required; and - the Use -by Special Review activity will not cause injury to vested or tonditiona7 water rights as set forth in Section 44.4. 11 of the Weld County Zoning Ordinance. 6. Within 30 _days of approval by the Board of -County Commissioners, the applicants shall submit an estimate of reclamation costs to the Department of Planning Services. The estimated amount shall -be reviewed and approved by the Board of County Commissioners. A bond to ensure reclamation of the mining operation shall be provided to the Board of County Commissioners for the approved amount, as allowed by Section 24.4.3 -of the Weld County Zoning Ordinance. 900441 Randall Hocking Philip Yastrow USR-908 Page 4 7. Prior to the Board of County Commissioner's hearing, the plat shall be Amended to show: - the elimination of the northern and eastern accesses; and - the proposed flood channel. 8. Prior to excavation of the lakes, the applicants shall provide evidence to the Department of Planning Services that the concerns of the West Greeley Soil Conservation District have been mitigated. 9. Within 30 days of completion of the lakes, post construction drawings shall be submitted to the Department of Planning Services showing depths, slopes, and contours of the lakes. 900441 SITE SPECIFIC DEVELOPMENT P SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS RANDALL HOCKING AND PHILIP YASTROW (LAKU LANDING) USR-908 1. The Site Specific Development Plan and Special -Review permit is for gravel mining, processing and reclamation for a recreational facility (ski lakes) in the Agricultural cone district as submitted in the application materials on file in the Department -of Planning Services and subject to the Development Standards stated hereon. No more than 102 cars and 38 recreational vehicles shall -be on the site at any event. The recreational facility shall be limited to -no more than 12 members. Memberships shall be for use of the recreational facility and shall not create a separate interest in the property. No more than 3 events shall be held per season. The season shall be considered the months of June, July, and August. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. A membership list shall be submitted to the Department of Planning Services in July of each year. 4. The ,gravel mining _operation shall comply with Section 44.-4 of the Weld County Zoning Ordinance. Any violation of these _regulations shall be grounds for enforcement of Section 44.6 of the -Weld County _Zoning Ordinance. 5. The property shall he maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 6. -The property shall be maintained in compliance with Section 404 of the Clean Water Act, if applicable. 7. The property shall the -maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 8. The septic system(s) for the proposed facility shall the designed by a Colorado (Registered Professional Engineer according to the -Weld -County Individual Sewage Disposal Regulations. 9. All liquid and solid wastes shall the stored and removed for final disposal in a manner that protects against surface and igroundwater contamination. 10. Any food service facility shall the constructed, licensed, and operated in compliance with the -Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of -Colorado. il. No permanent disposal of wastes shall be permitted at the site. 12. All overburden materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential -nuisance conditions. 13. Fugitive dust shall be tontrolled on the site. 900441 -Randall Hocking Philip Yastrow Development Standards Page 2 14. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 15. The domestic well water supplies shall be disinfected and tested according to the Colorado Primary Drinking Water Regulations regarding community water supplies. 16. The Special Review permit is issued to the applicants individually and collectively. The permit is not transferable to any other person or entity not substantially controlled by the applicants. 17. The property shall be maintained in compliance with the requirements of the West Greeley Soil Conservation District. 18. The lake water used for swimming and water skiing shall be sampled and tested for bacteriological contaminants on a monthly basis during the _months of use. The results of these tests shall be submitted to the -Weld County Health Department for review and evaluation. 19. The Special Review permit site shall be maintained in compliance with any required emissions permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 20. The Special Review permit site shall be maintained in compliance with the fugitive dust control and abatement plan approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the plan at any time necessary. 11. If required and obtained, the NPDES permit shall be maintained in compliance with the Water Quality Control Division, Colorado Department of Health requirements. 22. The haul route to the mining site and the recreational facility shall be designated as the private access road to Weld County Road 17. 23. The bottom of the lakes shall be left uneven to increase structure, and several gravel beds shall be left at various depths for spawning. 24. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 26. The property owner or operator shall be responsible for _complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. S00441 Randall Hocking Philip Yastrow Development Standards Page 3 27. Personnel from the Weld Connty -Health Department, Division of Wildlife, and Weld County Department of Manning Services 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 hereon and all applicable Weld County Regulations. 28. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing _Standards and all applicable Meld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Zdeld County Planning Commission and the 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. 219. 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. 900441 ADDITIONAL COMMENTS USR-908 RANDALL HOCKING AND PHILIP YASTROW - LAKU LANDING The Town of Windsor Planning Commission recommended denial of this proposal at its April 5 meeting. The denial recommendation was based on the Town's desire to annex this property. The applicants are in the process of discussing annexation with the Town of Windsor. The Department of Planning Services does not encourage or discourage annexation of the property to the Town of Windsor. The -Department of Planning Services has received three inquiries objecting to this proposal. The Mined Land -Reclamation Bureau stated in its letter of February 1, 1990, to _Phil Yastrow, that a reclamation permit will not be necessary. The Department -of Planning Services has recommended a Condition of Approval (#6) to ensure reclamation of the mining operation. 900441 of COiO ROY HOMER FT% ��7 Governor H O' JERIS A.-DANIELSON Uco * State Engineer *X876/ 111 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303)3966-3581 April 12, 1990 Ms. Lanell J. Curry Weld County Planning -Department 913 10th Street Greeley, CD 80631 Re: Hocking Special Review, URS--908 Secs. 20 & 29, T6N, R67W, 6TH PM Dear Ms. Curry: We have reviewed the above referenced proposal to _develop a 130.65 acre parcel into a water ski facility to include a 14.2 and a 19.6 acre lake, two single-family dwellings, and a clubhouse as well as maintaining agricultural production on a part of the land. Water will be required for domestic use, irrigation, and to replace evaporative losses from the newly created lakes. The anticipated quantities needed have not been identified. The proposed sources of water supply are to be a well (Permit No. 23097-F) adjudicated in Water Court Case Number W-4304 and water rights from the B.H. Eaton Ditch and the Fossil Creek Reservoir. The applicant states that an application will be made to the Water Court. The lakes will te created by the extraction of gravel to create the lake beds. Senate -Bill 120, effective July 15, 1989, requires that a well permit be obtained from this office for any open sand and gravel operation which exposes ground water to the atmosphere. We cannot recommend approval until the applicant obtains the required well permit and a Water Court decree for a plan of augmentation to replace stream depletions caused by lake evaporation or a substitute water supply plan is approved by the State Engineer. Sincerely, gevnte4 le " James R. Hall , P.E. Supervising Water Resources Engineer JRH/JTS:cIf/9120I D�� 4� cc: Alan Berryman, Division Engineer , IL ,V Bruce teBrine 9C-0441 _APR 1 6 1990 Wei CO. Plannum linaiinS i n UNITED STATES Soil 4302 W. 9th St . Rd. DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service ( 303 ) 356-6506 April 3 , 1990 Board of Supervisors West Greeley Soil Conservation District 4302 W. 3th St . Rd . Greeley , CO 80634 Dear Sirs , I have reviewed the reff-eral for Weld Co . Dept . of Planning- Site Specific Development Plan and Special Review Permit for Randell Hocking and Phillip Yastrow for Gravel Mining and Reclamation for a recreation facility in the A Agricultural zone . The parcel of land is described as part of the N1 /2 of Section 29 , T6N , R67 W of the 6 th P .M. , Weld County , Colorado . The location of the parcel of land is south of and adjacent to the Town of Windsor ; west of Weld County Road 17 , at the west end of Weld County Road 66 . The proposal calls for gravel mining operation which will allow for constructsion of two ponlis which will then _used for a recreational lake for water skiing . Plans also indicate the ar_ea around the lakes to be used for tr-ee farming and enviromental plantings . Thar._ were no -plans submitted indicating or showing the exact location for the plantings of grasses , trees ect . . It is difficult for us to evaluate the reclamation effort without more spezi-fic information on the reclamation actitivities , tree planting plans and enviriomental planting schedules , Before s-pecific recommendations -can be made , we will need to evaluate specific site plans regarding tree locat-jons , species , grass species for enviromental plantings and locations . Also , we wish to review specific plans for reclamation of the lake areas and adjacent riparian zones . Sincerely , Ronald D. Miller IDistrict Conservationist 900441 bwQ of 'Wing klt p titry301 WALNUT • WINDSOR, COLORADO80550 TELEPHONE: (303)886-7478 April 11 , 1990 Ms. Lanell Curry Current P' anner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Laku Landing CASE NUMBER USR-908 Dear Lanell:The Windsor consider the a Planning 5 , 199D to above mentioned s met ed Weld County Referral. After hearing testimony from Windsor citizens, the Planning Commission recommended by a unanimous vote that the Weld County Commissioners deny the application based on the Town of Windsor' s desire to annex the property. The Town of Windsor' s adopted Land Use Map indicates that this area be set aside for open space and recreational uses . If you have any questions or comments, please do not hesitate to give me a call. Sincerely, TOWN OF WINDSOR Janet E. Lathrop ,Janet to the Administrator jel APR 1 3 1990 910441 Geld to I't j7 A N rON " AS NEIGHBORS HAVE REGARD' THE PROPOSED LAKU LANDINGS DEVELOPMENT I ) River Trails , Vista Linda , The Francis Farm , River Bend , the Poudre Park area and Windsor 's newest Elementary School - Skyview, some of which are within 400 feet of Laku Landing , will be directly impacted by dust and noise levels due to the mining and motorboat operation . II ) After the construction of the lakes , the problem of noise made by the motorboats will exceed 55 decibels at the surrounding residences within 400 ft . as demonstrated in the graph on page of the Use By Special Review document . a ) The data provided in this graph is inaccurately low for several reasons : 1 ) These noise levels represent only one motorboat not the two motorboats proposed . 2 ) The noise levels are shown for a motorboat at constant velocity , not a motorboat accelerating from a stop . A motorboat accelerating from a stop will produce a greater decibel level . At the point closest to the developments listed in paragraph ( I ) , the motorboats will be accelerating from a stop . 3 )Were the decibel levels measured in an arid climate or one with greater humidity? 4 )Windsor is surrounded on two sides by high bluffs . These bluffs will act as natural sound burns . Just as the burms around these lakes are designed to contain the noise within the lakes , will the natural burns surrounding Windsor contain the noise within Windsor? Wh-en noise levels exceed the 55 decibel limit it will damage not only the quality of living, but also the property values of existing and future surrounding residential -and educational developments . How will Weld County police these violations? What fines will be imposed on Laku Landing or restituti-on made to surrounding property owners by Weld County? III ) Our Understanding is the reclamation permiting process has been avoided . What size bond will be purchased to assure -that reclamation is completed in the event the Laku Landing development becomes insolvent? IV) It is a fact , as shown by field surveys of Vista Linda and the C �. Francis Farm , that the FEMA flood plain maps are inaccurate . Upon 4•'' -, approval by FEMA of the plan to alter the flood plain by burming = n the lakes , the developers of Laku Landing are released of liabili €y , 2} due to flooding of neighboring properties . It is imperative that v omb flood plain modificatio-ns be based on actual field surveys of surrounding properties to insure that flood plains are unchanged . . r� o .n V) What size bond will be purchased to cover damages to roads and bridges caused by the transportation of the mined materials? g -_.___ Among other vague issues in the Use b S 17 y pedal Review proposal are ; the depth of mining and the donation of material to government entities . To reduce the time of mining and the number of trucks , will the depth of mining not exceed 10 feet? As the developers have stated , the mined materials are to be donated to government entities . Will this in fact be done? Concerned Resident , 300441 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # USJf- 901 THE SIGN WAS POSTED BY: ad/ NOGt/Nis OTlIf C) NAME OF PERSON POSTING SIGN A POD OCR" A IGNATUR OF A PLICAN 11',47 STATEr'OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 1'Z DAY OF ,r,, , 4 19 n . \ SEAL (a 1 ,Aoo 4 NO RY 3UBLIC MY COMMISSION EXPIRES MY Comm.ssion Expires feb. 13, 1993 LAST DAY TO POST SIGN IS: PtPt/` 7 19 90 ?lit (C-P-n APR 1 7 1990 weld cu. ARM* iala 360441 POINTS OF CONTENTI1lN AS NIEGHBORS HAVE REGARD G THE PROPOSED LAKU LANDINGS DEVELOPMENT I ) River Trails , Vista Linda , The Francis Farm , River Bend , the Poudre Park area and Windsor ' s newest Elementary School - Skyview . some of which are within 400 feet of Laku Landing , will be directly impacted by dust and noise levels due to the mining and motorboat operation . II ) After the construction of the lakes , the problem of noise made by the motorboats will exceed 5-5 decibels at the surrounding residences within 400 ft . as demonstrated in the graph on page of the Use By Special Review document . a ) The data provided in this graph is inaccurately low for several reasons : 1 ) These noise levels represent only one motorboat not the two motorboats proposed . 2 ) The noise levels are shown for a motorboat at constant velocity , not a motorboat accelerating from a stop . A motorboat accelerating from a stop will produce a greater decibel level . At the point closest to the developments listed in paragraph ( I ) , the motorboats will be accelerating from a stop . 3 )Were the decibel levels measured in an arid climate or one with greater humidity? 4 )Windsor is surrounded on two sides by high bluffs . These bluffs will act as natural sound burros . Just as the burms around these lakes are designed to contain the noise within the lakes , will the natural burms surrounding Windsor contain the noise within Windsor? When noise levels i exceed uthe 55 also therbel propertyt it valuesll ofdexistinge Yandly the quality of living , future surrounding residential and educational developments . How will Weld County police these violations? What fines will by beimposed on Laku Landing or restitution made to surrounding property Weld County? III ) Our Understanding is the reclamation pernhiting process has been t isocompletedtin1 the b e will evntthebLakue rLandingtdevelopmentcaseo assure a reclamation becomes insolvent? IV ) It. Is a fact , as shown by field surveys of Vista Linda and the Francis Farm , that the FEMA flood plain maps arc inaccurate . Upon approval by FEMA of the plan to alter the flood plain by burming the lakes , the edofeneigrs hboring Laku propertties . '1It isre limperative of liability due to flondiod g flood plain modifications be based on actual field surveys of surrounding properties to insure that flood plains are unchanged . V) What size bond will be purchased to cover damages to roads and bridges caused by the transportation of the mined materials? Among other vague issues in the Use by Special Review proposal are ; the depth of mining and the donation of material to government entities . To reduce the time of mining and the number of trucks , will the depth of mining not exceed 10 feet? As the developers have stated , the mined materials are to be donated to government entities . Will this in fact be done? Concerned Res ident •900441 • EXHIBIT // PETITION BY IRSEIDENTS CONCERNING POINTS OF CONTENTION WE AS NEIGHBORS HAVE -REGA-RDING TII-E PR-OPOS-ED LAKU LANDINGS DEVELOPMENT /i / ,...,„/ „ // 5 2 4 � G,k� 2naf_ Arne-4- i_ //0,3 L irc - ≥t, ju i;vc%sCr- c 2��, v '%'7 S .1 : A n,'L-, of —.� �,,,, z'• / 7 Ca �/�' •r -/f C 6"t L'i • , ,i _s G7( _ C 1---c�u �r. LD,c_ .r`- tin,'‘<2,.,--1-t- ��rel '''J\�1 l' 72 s�...1,k'.f'L 1,r/^ LT -.Li kx...44.!L,- t�_KJ ./ / / / / 1 I I L _ L,1- �y r `-<•� j ,A `4,../j/i `_v -j .'-NLZ:'f_vi i__ y(_-C'11≤^, C --t_ t� i /_1U LG`--� _ / //y. /LCHcel6Y Pi L)//v/7a'e, « . 9,a_741#--,'C_.F'. (7/.; -r-caJ ///r/ /-/ca- tOC-e-. O. I,d,'.J iJ co Pico_SO Ss° /o :. 1C i '4- t. L la,;0 G- o< ,-A-71-`-- - _.l0.7i—tri/('l ,_-t ""'1 7 _ ,_ j 11.l"-" 1 ��.,�h.l-)�U�L .. -` 1�'k_1�.��J-.j... _r'�1. ..�,iU,.y • r` /-i C9‘,,Le___L ,..)-,A_,n, /___) ,, a _ifidlyk,k,__42_,,,,,,,, /O .s" l' 2` OO441 POINTS OF _CONTENTION ; AS NIEGHBORS HAVE REGARL G THE PROPOSED LAKU LANDINGS DEVELOPMENT I ) River Trails , Vista Linda , The Francis Farm , -River -Bend , the Poudte Park area and Windsor ' s newest Elementary School - Skyview , some of which are within 400 _feet of Laku Landing , will be directly impacted by dust and noise levels due to the mining and motorboat operation . II ) After the construction of the lakes , the problem of noise made by the motorboats will exceed 55 decibel-s at the surrounding residences within 400 ft . as demonstrated in the graph on page of the Use By Special Review document . a ) The data provider] in this graph is inaccurately low for several reasons : 1 ) These noise levels represent only one motorboat not the • two motorboats proposed . 2 ) The noise levels are shown for a motorboat at constant velocity , not a motorboat a-ccelerating from a stop . A motorboat accelerating from a stop will produce a greater decibel level . At the point closest to the developments listed in paragraph ( I ) , the motorboats will be accelerating from a stop . 3 )Were the decibel levels measured in an arid climate or one with greater humidity? 4 )Windsor is surrounded on two sides by high bluffs . These bluffs will act as natural sound burms . Just as the burms around these lakes are designed to contain the noise within the lakes , will the natural burms surrounding Windsor contain the noise within Windsor? When noise levels exceed the 55 decibel limit it will damage not only the quality of living , but also the property values of existing and future surrounding residential and educational developments . How will Weld County police these violations? What fines will be imposed on Laku Landing or restitution made to surrounding property owners by Weld County? III ) Our Understanding is the reclamation permiting process has been avoided . What size bond will be purchased to assure that reclamation is completed in the event the Laku Landing development becomes insolvent? IV) It is a fact , as shown by field surveys of Vista Linda and the Francis Farm , that the FEMA flood plain maps arc inaccurate . Upon approval by FEMA of the plan to alter the flood plain by burming the lakes , the developers of Laku Landing are released of liability due to flooding of neighboring properties . It is imperative that flood plain modifications be based on actual field surveys of surrounding properties to insure that flood plains are unchanged . V ) What size bond will be purchased to cover damages to roads and bridges caused by the transportation of the mined materials? Among other vague issues in the Use by Special Review proposal are ; the depth of mining and the donation of material to government entities . To reduce the time of mining and the number of trucks , will the depth of mining not exceed 10 feet? As the developers have stated , the mined materials are to be donated to government entities . Will this in fa t done? concerned Resident , r IXHIBIT y� 1fia ® 41 ?•� LtlA fZ L (r 1c ' PETITION BY RSEIDENTS CONCERNING POINTS OF CONTENTION WE AS NEIGHBORS HAVE REGARDING THE PROPOSED f1 LARU LANDINGS DEVELOPMENT ray Yne- ya�� 9 7?a)247 S-'2-- /4,62 _c44.664 x/52 X1-1.9? GrJ� 900441 • �pp .$} (�y� / s Nr. r/ i i '- atpni' ,)t4'.4 li y i 't F. e Y . A(, f �'g ' � :? x ` d ;4 . t r s f p ,r \ ,, , +° 3,_ .N aFw \. k A y ! t / .. ,� D:4gY'., 7- - tt ; sex 1r '' _ .y t l•t� y ]5 ''',,N tr.v,' ••• /1...,..".-;:t is ,(, rt i4 . }m 1 �' �; �. r s .r it r " k. I k 1 y3•� Y 4 �> . .r 1 $ 'I 1 �'i 1. 'Intl +�,e( N tR' ,• k ( t 4 çj4i :js1 p 4j 3 * t /j ' Ot� TT/ 1,°:). A . A r .„ . ,0,4 -~9 L '^ k f r 5,4.,,,-,,!..,,,,',' !.; y/) q �f i (( yk 9!' •` , d ��. 1 k� ' I �',:24, ,. ter '.a,S`. ,k4,-, w. Y1: ` • - * ' : t r 6: I �. y Y g.\'t, ' r'�i 1 • +J'ii, - ' a 4 f �, li y y Yq �{ S,j 'T , ! f .,r fi j I e it kT r 1 d F; f • is f M1 i 4— # A. i 1 _N.2ks a* ,.2 n fi '- "`l '1 4416174 t" r :` s .. '`I ,} a P r a 3 2 F. 91 la 3 ��`� K� n '>u 4a c t ". fit • C d '„ 'i q 1 3 rr t ji {{Q i4. �t SY ._ e.. a ,- Mid.@ ‘. 11 < ?+'tiSt.+ , t -4 , — F f�,gyp " r � R �1 \, , ,,,, 'aft ? ' } t , � � i �M1+ li l � "� ifMry 1 r L q'> Yx \ 'v K3,tA I f ", .„, 1`1 m� kf %. JSh CM t'4%4soks4 � gy: , �31.'� e� � A E ti t a - t . : " t ( [ t. i st hi f'* '0;4 4 Y ub A B 7 qv� A" / f!k i �+ ♦P iiii f , h +F ' • �; 1w . E $i2`j" 1 r. I t 5 2 w r " ' ,�t EN ` e1 4q _ `3 k ,A t; • , d }v p }f .t, e ' `t1*J4 ;,4 . ' � ^# � ( i,�i �11 . I #!■/�■ /� A LAND-USE APPLICATION SUMMARY SHEET Date: April 10, 1990 CASE NUMBER: USA-908 NAME: Randall Hocking and Philip Yastrow - Laku Landing ADDRESS: P.O. Box 332, Windsor, CO 80550 -REQUEST: A Site Specific Development Plan and Special Review permit for gravel mining, processing and reclamation for a recreational facility (ski lakes) in the Agricultural zone district. _LEGAL DESCRIPTION: Part of the Si of Section 20, T6N, R67W and part of the NI of Section 29, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to the Town of Windsor; west of Weld County Road 17, at the west end of Weld County Road 66. SIZE OF PARCEL: 130.65 Acres, ± POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Sections 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Oil and Gas Conservation Commission, Weld County -Health Department, Weld County Engineering Department, Whitney Irrigation Company, Windsor Fire Department, Weld County Sheriff's Department, Army Corps of Engineers, and !Division of Wildlife. Copies of these referral responses are enclosed in this summary packet. The _'own of Windsor Planning Commission has verbally responded with a recommendation for denial based on the fact that the town wants to annex the property. "Their response will be addressed in additional comments to the staffs' recommendation. The Department of Planning Services has reviewed several inquires and three verbal objections from surrounding property owners. 200441 coy ,,. 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C-92 #• ' ' -�-- �tiw Un PF u JV r iI tack `. �:.. am a it°�.i __ a�ga 4790 '+ - •• a I Windsor 0 -1 t— '� l_ �—r it / P 4780 - 19 wti `� 7I IINAisr)r � tT21 o� 22 2. 4]75 N d)O - �.iY q>FJ I• / �$ 7 n e �'" PlantSwage I i7 o J1 E o � _ ) . . . 4)60 \1� � p� ?}et y1� o ��!!l �� l l �� 27 N.% „/ \ _ t '29 �I LTh 28 .e ,9 y/I CC 00 ., Cr4900 II 4/50 > p �i_ 4775 4753 o" 1 \ ti li `,ems e e;� .r 32 _4900_ ' 33 • 34 ,5005 31 � bp: r `so r o I7„--o76o� Aaso lM •;,l SM49:J — • 1 ., ---:. • if D. 9w \ i1 : 900441 :' ( 4r / ,r 6 I • • r a^ Xis 1 ':` ; � s�1 :. , .r .�I ��\\ is :et It,c a }• dr. - YIs•• • • it t: x S -: av r f.cx 676 3T spit . . b 1 t xrr.SW 31 • s rm J t, } I l rife: Silok.y Y X'. -� p its.• ��J. ♦ 4 . ri Wry { y ! l . °4 i 't':vow, } `x.t !'J.a k q *!. / • ; *fiqt i r Of '� j, M $ r Y r� 3 su' i I fie► .f ! ry .a9(0011 �t :f "r' ' t 4 FIELD CHECK FILING NUMBER: USR-908 DATE OF INSPECTION: April 9, 1990 NAME: Randall Hocking and -Philip Yastrow - Laku Landing REQUEST: A Site Specific Development Plan and a Special Review permit for gravel mining, processing, and reclamation for a recreational facility in the Agricultural zone district. LEGAL DESCRIPTION: Part of the Si of Section 20, T6N, R67W -and part of the Ni of Section 29, 16N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to the Town of Windsor; west of Weld County Road 17, at the west end of Weld County Road 66. LAND USE: N Windsor residences, park E Packing plant, agricultural production, Weld County Road 17, radio tower, 2 residences S Agricultural production, 3 residences W Agricultural producti-on, rolling hills, Western Wildlife Adventures, radio tower to southwest ZONING: N Town of Windsor E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property has been used for agricultural production, river bottom, and grazing. The proposed southern access will need to cross the Eaton Ditch and the river return. There are existing trees all the-way around the site. The trees will be thinned to encourage growth according to the applicants. The terrain is flat. The eastern and northern accesses -are not feasible unless bridges are installed across the river. The access to the site will be from Weld County Road 17, a paved County arterial on a private gravel road. BY .LP t' �t/) a 1411 J. C /J— JCurrent P1 ler �/ L1 9C0441 REFERRAL LIST NAME: Randall Hocking and Philip Yastrow CASE NUMBER: USR-908 REFERRALS SENT: March 16, 1-990 REFERRALS TO BE RECEIVED BY: March 30, 1-990 COUNTY TOWNS and CITIES Attorney Ault X Health Department ^Brighton Extension Service Bacons X Emergency Management Office Eaton X Sheriff's Office - Erie X Engineering Evans Housing Authority _Firestone Airport Authority Fort Lupton Building Inspection Frederick _Garden City STATE Gilcrest ✓ XDivision of Water -Resources Greeley Geological Survey _Grover Department of Health _Hudson • X Division of Wildlife _Johnstown ✓ X Mined Land Reclamation Board rnc,,s 1Q, _Keenesburg ✓ X Water Conservation Board- -t-tatFkc Kersey ( • X Oil -and Gas Conservation C@mmission La Salle Lochbuie FIRE DISTRICTS - Longmont Ault F-1 Mead_ _Berthoud F-2 _Milliken Brighton _F-3 New Rayner Dacono F- I9 Nunn Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton f'-6 x Windsor _Hudson F-7 _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 vt X US Army -Corp of Engineers Poudre Valley F-13 _USDA-APHIS Veterinary Service Rayner _Federal Aviation Administration Southeast Meld F-16 Federal Communication Commission X Windsor/Severance F-17 _Wiggins F-18 _Western -Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins ✓ X Central Colo. Water Conservancy Dist. ,J X Greeley 4"4'"4-11 31° X Whitney Ditch _Longmont c/o Katherine Tigges West Adams 12406 Weld County Road 64-1/2 Greeley, CO 80631 COMMISSION/BOARD MEMBER X B.H. Eaton Ditch— ,.,.o c{ / X Ernie Ross c/o Wayne Miller Jy_�/ YO P.O. Drawer AA Windsor, CO 80550 900441 STATE DF COLORADO OIL-ANDnA-S CONSERVATION COMMISSION DEPARTMENT OF NATURALZRESOURCES SUITE 380 LOGANTOWER BUILDING WILLIAM R. SMITH 1580 LOGANSTREET Director DENVER,-COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303)-894-2100 Governor March 28 , 1990 Lanell J. Curry Department of Planning _Services 913 10th Street Greeley, CD $0631 Re : Application for a Site Specific Development Plan and a Special Review Permit Case # USR-908 S 1/2 Sec 20 and N 1/2 Sec 29-6N-67W Dear ms . Curry, This letter is in reg-arse to your request to review and comment on the gravel mining and reclamation for recreation facility permit in a A -zone area . I have r-eviewed the application and do not find any conflicts with the plans presented. I have enclosed an area well plat for your information. Future drilling in this area, should it occur, will have to comply with our safety rules, specifically: Rule 603 (a) Wells shall be located a distance of 150 feet or one and one-half times the derrick , whichever is greater, from any occupied building, public road, or major above ground utility line or railroad. Rule 604 (a ) ( 3 ) Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well defined normally occupied -outside area. Rule 604 (t) ( 5 ) Fired vessel , heater treater, shall be a minimum of ZOO feet from residences, occupied buildings, or well defined normally occupied outside area. If I can be of any further assistance I may be reached at 894-2100 . Yours truly, i c7624 ) MAR 30 1990 Stephan Tott Sr . Engineer Id Cu- 9lnif,uon4 o:ba7util !;a. 900441 Z EFtS .5 l'i = Irl ! Nx J c„' •,,,ii lm dd • W rc L L g • 2jJ i k. p 0 �%� m N o f i • f g t 7 CO N st_ . 1 ' . 3 • - E_.1_, _ a 1 , < H O 2 • N O_ `. - W. 0.'i O to x r m 3 r. `1• I • o V - o H fo • CO 2 ,z w H NE., 3 u 'I V, 43 ..-...... .. r a e J\_ %'it -- 'Di w m -- _ a =W $ m ,5 '' '� w z !, 5 % _ w m. -s zJm's ° o- w x� "af . N 'W" r � S31N� .. 1 _ ,,_.1 . ,,,5" - ---- '" fo ..E .cr r g ° I •g r —_ ma me H2 w g f x z� a N i ° a I '� ., k � _ o �/ Fa• lon b7 i r; z � 3 N • � i mx zW of •�, ...., m t rn 3a� o zB " w ',oil a ='w1,: mW . 'AS zw ; i EV m @ m =W U S 2,§ U i O O J tS• W U 8 . �% •b Fa• �- a i e�, P i Cs m _ - In N N o � � 8 U a • �r JI • fb tot co s6- i . ,.. ,2r Z . F L.. N • 00 eh of N • el . d- . a, N 7 0 VI ' . • . — - . M w ¢ M I '. , { i 900441 . [ k . March 29, 1990 Department of Planning Services 915 10th Street Greeley, Colorado 80631 To whom it may concern : In response to the LAKU Landing proposal, the Whitney Irrigation Co. has two questions of concern . ( 1 ) Because the Poudre River is very close to the earthen bank of the Whitney ditch, we are concerned with the berm on the north end of the property (south bank of the Poudre ) . This may cause the river to rise above the Whitney' s banks on the north side of the river during the Poudre flood stages . If this happens, flood waters could erode earthen ditch bank, cause damage to concrete spillway structure, and also cause flooding to the ditch down stream. ( 2 ) Access B is not clear to us . What type and use is intended for Access B that will be crossing the Whitney easement? Thank you, --2.1,;.e.e,41(.?'?. . Harold L. Long, President Whitney Irrigation Co. f 1-6-J.kpi _ i, . , ,i 4AAR 3 0 1940 1900441 • Wtiiti Ct,. lNti!ay Y 0, 413Sni!, mEMORAnDU 111MGTo Weld County Planning Date March 28, 1990 COLORADO From Environmental Protection Services -Q ,a Subject: Case Number: USR-908 Name: Hocking, Randall & Yastrow, Philip Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. Any food service facility shall be constructed, licensed, and operated in compliance with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. 4. No permanent disposal of wastes shall be permitted at this site. 5. The septic system(s) for the proposed facility are required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 6. All overburden materials shall be handled, and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust must be controlled on this site. 8. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and/or amended if appropriate for the increased operation. 9. Maximum permissible noise level shall not exceed the limit of 55db(A) , as measured according to 25-12-102, Colorado Revised Statues. 10. The water supply shall be disinfected and tested according to the Colorado Primary Drinking Water Regulations regarding community water supplies. w r._-11. The lake water used for swimming and water skiing shall be sampled 7'4SZl and tested for bacteriological contaminants on a monthly basis during i rn the months of use. The results of these tests shall be submitted to the Weld County Health Department for review and evaluation. r 2. Prior to operation the facility shall submit a fugitive dust control o - I and abatement plan to the Weld County Health Department for review and approval. The facility shall have sufficient equipment available - j to implement the plan at any time necessary. 900441 I I) mEmORAnDUm W I`,p� Curry, Planning April 2, 1990 To Date Drew Scheltinga, County Engineer COLORADO From Hocking and Yastrow Gravel Pit, USR-908 Subject: I do not anticipate the subsequent water ski usage to have any impact on Weld County Roads. However, during the period of time gravel products are being hauled from the site, there will be additional stress on the County roads. Based on the location map, I assume Access A is planned to tie into old Weld County Road 17 north of the new alignment. Old Weld County Road 17 and the approach to the new alignment will not support heavy truck traffic. I recommend the applicant be required to enter into a Road Maintenance and Improvements Agreement with the Board of Weld County Commissioners that will provide for the upkeep of the County road accesses in the immediate vicinity. Prior to final approval, there are two aspects of Access A that should be addressed. The applicant should provide a copy of the easement from Mr. Shutts that will allow for the access. Also, it appears the access is planned to connect into old Weld County Road 17 near the realignment. A detail of how that connection is to be made should be provided for review and approval by the Engineering Department. Accesses B and C cannot be realistically considered because of the expense of constructing bridges over the Cache La Poudre River. Each bridge would cost between $300,000 and $500,000. Any access to the property should be considered a private roadway, and will not be maintained by Weld County. APR 3 1990 7N IE Ch ;i4¢., ,taNmts,,u, DS/mw:prhock cc: Commissioner Kirby Planning Referral File - Hocking and Yastrow Gravel Pit, USR-908 900441 fli \1 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET :(0,i , GREELEY,COLORADO 80631 illillic. CASE NUMBER fiL.,___ COLORADO o _ A c\p/ March 16, 1990 MAR 2 6 1990 TO WHOM IT MAY CONCERN: Wield Co. i913ii111i1 alum Enclosed is an application from Randall Hocking and Philip Yastrow for a Site Specific Development Plan and a Special Review permit for gravel mining and reclamation for a recreation facility in the A (Agricultural) zone district. The parcel of land is described as part of the Si of Section 20, T6N, R67W and part of the Ni of Section 29, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to the Town of Windsor; west of Weld County Road 17, at the west end of Weld County Road 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 30, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. • 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. /r We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer. to the enclosed letter.� //'�' Signed: � ��A/71.,4 , Agency: Mal/S r ice /2,,,, ,i; 900441 fArty IS I C1 _L UNDE:R SHERI FF. WELD L _MTh/ SHERIFF 'S OFFICE:: GREELEY, CO 8063 PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C� CASE NUMBER 17511-908 COLORADO March 16, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Randall Hocking and Philip Yastrow for a Site Specific Development Plan and a Special Review permit for gravel mining and reclamation for a recreation facility in the A (Agricultural) zone district. The parcel of land is described as part of the Si of Section 20, T6N, R67W and part of the Ni of Section 29, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to the Town of Windsor; west of Weld County Road 17, at the west end of Weld County Road 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 30, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it WEt .ay ;:hzw- does/does not) comply with our Comprehensive Plan for the following reasons. 1b 1; 3 � ' 5`' 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our C ry town for the following reasons: � , ol Ia S2 N )3. We have reviewed the request and find no conflicts with our interests. CD z._r G14. A formal recommendation is under consideration and will be o submitted to you prior to: cI5. P ase refer to the enclosed letter. Signed: Agency: �Jn/ri 900441 OTIQE OF hearing PCattailSion Cotuittgyv'�HE�, he 1:30 g on nTuesforday, April 17,1199900 e of considering a Site Specific Develoopment d l nf antds apSpeciaall rty described below.view Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Rasdag Hocldnn and Philip VastiiA Sl/ Ba Sect/10N: Part the S1/2 of Section 20, T6N R67W and part of the N1/2 of Section 29 T6N, R67W of the 6th P.M., Weld County,Colorado TYPE PROPOSED D USE;INTENSITY gravel foramrr�ational ration and ciilitty reclamation LOCATION: South of and wejssteoftWeld Country Roadh17a of the west end of Weld County Road 66. SIZE:u 130.65 acres,more or less The l ee publicWeld hheaarringty will be held in thHearing Room, First Floor Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above uuendt should submitted County Department-ent- to the Planning Weld Services,'915 Tenth Street, Room 342 before Greeley, above Colorado at a rdpresented at the public hearing on April 17, 1990. Copies of the application are available for public inspection in the Department R000ms342,of Planning oun Centennial Center 915 Tenths Street, G�r"ee�leyy, Colorado 80631 - Phone-3564000,Extension 4400. We Rosa,Ottoman kecMarch 22, 1990. illotig(1) time be The New News � � n rn tun. ,, 200441 CERTIFICATE OF MAIL I N G 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 the case #USR-908 for Randall Hocking and Philip Yastrow in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 19th day of March 1990. S00441 TO: SURROUNDING PROPERTY OW' 4 OR OWNERS AND LESSEES OF MIN TES IN ACCORDANCE WITH WELL JUNTY'S NOTIFICATION REQUIREME. . The Weld County Planning Commission will thold a public hearing on Tuesday, April 17, 1990, 1:30 p.m. in the County Commissioners' Hearing Room, first _floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: USR-908 APPLICANT: Randall Hocking and Philip Yastrow REQUEST: A Site Specific Development Plan and a Special Review -permit for gravel mining and reclamation for a recreational facility in the Agricultural zone district LEGAL: Part of the Si of Section 20, and part of the Ni of Section 29, all in T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to the Town of Windsor; west of Weld County Road 17, at the west end of Weld County Road 66 For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO -80631 _Phone 356-4000, Ext. 4400 200441 MAILING LIST USR-908 Randall Hacking and Philip Yastrow River Trails, Inc. 625 Oak Street Windsor, CO 80550 Town of Windsor 301 Walnut Street Windsor, CO 80550 Walter L. And Elizabeth S. Rebro 656 Furman Way Boulder, -CO 80302 Thomas G. And -Linda J. Francis Y.O. Box ]94 Windsor, CO 80550 Pamela G. Johnson Daniel L. Nasuta Mary Lou Koswan Bruce K. Herman P.O. Box 847 Windsor, CO 80550 Robert Derald Whiting c/o Whiting -Petroleum 1700 Broadway, Suite 2300 Denver, CO 80290 Small Business Administration New Custom House 721 19±h Street -Denver, CO 80202 Billy B. and Patricia J. Shutts 8217 South Weld County Road 5 Fort Collins, CO 80525 Ronald E. and Dorothy D. Hettinger 31447 Weld county -Road 17 Windsor, CO 80530 Edwin D. and Marjorie A. Kadlub 623 Oak Street Windsor, CO -80550 Mrs. T. W. Pope 1023 7th N.W. Ardmor, OK 73401 900441 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 31510th STREET -GREELEY,COLORADO 80631 C1 COLORADO March 16, 1990 Randall Hocking Philip Yastrow P.O. Box 332 Windsor, CO 80550 Subject: USR-908 - Request for a Site Specific Development Plan and a Special Review permit for gravel mining and reclamation for a recreational facilty in the A (Agricultural) zone district on a parcel of land described as part of the Si of Section 20, T6N, R67W and part of the Ni of Section 29, T6N, R67W of the 6th P.M. , Weld County, Colorado Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, April 17, 1990, at 1 :30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our _office has forwarded a copy of the submitted materials to the Windsor Planning Commission for its review and comments. Please call Janet Lathrop at 686-7476 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. 900441 USR-908 March 16, 1990 Page 2 It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to April 4, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than April 7, 1990. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services ' office a few gays before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, 2-rett e�//fin Lanell J. Curry Current Planner LJC:dn enclosure 200441 i7SFC•IT �\ ° � DEPARTMENT OF THE ARMY a4 /_z CORPS OF ENGINEERS,OMAHA DISTRICT o m TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 I- ( / LITTLETON,COLORADO 80123-6901 REPLY TO ATTENTION OF April 6, 1990 Ms . Lanell Curry Department of Planning Services 915 10th Street Ireeley, Colorado 80631 Dear Ms . Curry: Reference is made to Case No. USR-908 , Randall Hocking and Philip Yastrow for a gravel mining project in Section 20 and 26 , T-6-N, R-67-W, Meld County, Colorado. office. This letter is to inform you that the proposed activity will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal , state, and local permits be obtained as required. Also, this office should be contacted by Messieurs Hock- ing or Yastrow prior to bridge construction crossing the Cache La Poudre at access B and C for a proper Department of the Army permit review. If you have any questions concerning this matter, please feel free to contact this office or me at 303-979-4120 or 1120. Sincerely, TERRY McKEE Rnviromental Resource Specialist cc : -Permit Files -Omaha Permits Branch APR 1 1990 SIG Cu. Moak ;,ualuTta:.lu1 900441 STATE OF COLORADO Roy Romer, Governor REFER TO: DEPARTMENT OF NATURAL RESOURCES LpWRA�o DIVISION OF WILDLIFE _ AN EQUAL OPPORTUNITY EMPLOYER - 7O V� .r'".,. iaa Perry D. Olson, Director ' ' r�l �l40£4‘. O 6060 Broadway U 3gl'c .1 "04,OF 4~ Denver, Colorado 80216 Telephone:(303)297-1192 AP :c , 1990 Larry Rogstad, District Wildlife Manager /30/90 1528 28th avenue court Greeley, Colorado 80631 *id Cu. Lanell J. Curry, Current Planner Weld County Department of Planning Services 915 10th street Greeley, Colorado 80631 Dear Lanell Concerning Case Number USR-908, the application from Randall Hocking and Philip Yastrow: I have reviewed the application and made a site inspection of the parcel in 91/2 of Section 20, T6N, R67 W and N1 of section 29, R67W, T6N. The Division of Wildlife has several concerns with this land use proposal. 1) There is no formal reclamation plan. Page 12 of the application states that the M.L.R.B. has waived the need for a reclamation permit if Weld County approves the end use of the property. Part of the M.L.R.B. process is the posting of a bond to cover reclamation costs if the developer fails to adequately reclaim the site. Weld County needs to make certain that this project is bonded adequately to protect the habitat/if the developers default. 2) The M.L.R.B. generally stipulates proper shoreline slopes around gravel ponds. This is done primarily for safety reasons. The reclamation plan should outline the slope of the ponds. From a fisheries standpoint, the bottom of the ponds should be left uneven to increase structure. Several ravel beds should be left at various pond depths for spawning. 3) Seed mixtures for grass plantings should be detailed, or the S.C.S. should be contacted for advice on revegetation of the site. This is a key for dust abatement. 1,) According to the Storm and Flood Waters section on page 11 of the application, a channel may be created on the west end of the pacel to direct flood waters. As you know, any alteration of stream banks and or wetlands must be done in accordance to Section 404 of the Clean Water Act. Placement of the berms indicated schemat- ic Drawing, and creation of a channel (not shown on the drawing) may constitute fill- ing of wetlands. This would require a Corp. of Engineers 404 permit. 5) The creation of a tree farm in the riverbottom along the Poudre may, in fact/ produce a conflict between the landowners and the wildlife they wish to attract. Deer use young trees to rub the velvet off their antlers. The process of rubbing will dis- figure the tree and reduce its salable value. Deer will also browse on young foliage during the year.which may also damage the tree. While the problem is generally re- stricted to deciduous tree plantings, there is the possibility that deer may dam- age coniferous trees. The Division of Wildlife is, in certain circumstances, financially liable for damage created by big game animals to private property. However, one can make a case that DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman • Robert L. Freidenberger, Vice Chairman • William R. Hegberg, Secretary Eldon W. Cooper, Member • Rebecca L. Frank, Member • Dennis Luttrell, Member • Gene B. Peterson, Member • Larry M. Wright, Member 900441 if the applicants proceed with their plan for a tree farm in an area of historical use by deer, they should be prepared to assume the financial loss due to the activ- ities of deer. The Division of Wildlife would be willing to work with the landowner to resolve any conflict between deer and damage to trees. We do feel that since the landowner has created a potential problem for big game/financial losses due to deer rubbing trees should be assumed by the landowner. The Division would request a waiver of financial liability for damage done by deer to commercial tree plantings on this property. Sincerely yours, CCUy Larry Rogstad cc file LER/ler 90O441 NOISE OF AN AWSA APPROVED TOWBOAT (no berms) 0 u tll1 .J VI 0 f9 Z 108 200 308 400 500 600 700 606 900 1000 1I00 1280 1380 1400 1500 Distance From "Source ( feet ) Figure 1. Noise vs. Distance For a Tow Boat with a 100 foot Drive-by Noise of 70 Decibels Noise level from 100 feet from Water Ski Magazine 1990 Boat Buyers Guide Source Noise Level(decibels) jet plane at take off 150 pain threshold 120 propeller plane at take off 120 thunder 120 loud motorcycle 112 • loud power motor 110 loud outboard motor 105 large motor trucks 95 food blender 95 vehicular tunnel 85 motor bus 60 factory 80 city street 70 automobile 70 • typing and accounting office 65 conversation 60 department store 55 laboratory 55 average office 50 hotel lobby 50 bank 50 classroom 45 conference room 45 private office 40 library 4D church 25 TABLE 1. Typical Noise Levels of Various Sources Noise sources taken from CRC Handbook of Tables For Applied Engineering Science,Second Edition,CRC Press,Inc.,1976 Quotes from visitors to Greeley Ski Site, April 14, 1990 as advertised in the Windsor Beacon,"Our Readers Speak",April 12 Mary Ann DeSylvia: "Not nearly as noisy as 1 thought it might be" G. Thomas Brodzinski: "Noise should not be considered a problem...the boats are quiet" Debbie Bodzinski: "The wind was louder than the boats." AYtgelika Schott: "These boats are quieter than most cars - very quiet" Dennis Schott: "Clean and natural looking lake and surroundings - boats were quieter than most trucks" 900441 ///ar, d„, .77e5 /n' = //a f /lean//y GAS no" a i S If/ou h1 /' m;' /1 ie . 1/ d ce ' did �, . - 4orQ ,,,ra-eimAxr 0,4,3. b/& i?yu, ri,z4 C4,Winc{c�� bola- /h-a '4-1--4 r/o2 cZm si • GO n-;ciso - c fkeS C- -16-0a-4-2 at-t-a-) 0-€44o 3 7702 - Wif.a& f )tJ 4J �1��, � /tea4 1/C471A- lint, a. ; 0441 4- Laku Landing A Recreational and Agricultural Project Application For Use By Special Review Presented by Randall Hocking and Philip Yastrow March 11 , 1990 s60441 CONTENTS APPLICATION FOR USE BY SPECIAL REVIEW 1 PROPOSED LAND USE 1 Recreational 1 Water Ski Tournament 'Training 2 Water Ski Tournament Events 2 Agricultural 2 Tree Farm 3 Grass 4 Fish 4 Residential 4 NEED FOR PROPOSED LAND USE 4 EXISTING LAND USE 4 SURROUNDING RESIDENCES AND PROPERTIES 5 OPERATIONAL DETAILS 5 WATER FOR PROPOSED USES 6 Water Needs 6 Water Sources 6 ACCESS ROUTES 6 VEHICULAR 'TRAFFIC 7 UTILTITES 7 Water 7 Septic Systems 8 Electricity 8 FIRE PREVENTION 8 DESCRIPTION OF MINING OPERATION 8 Operation and Processing Equipment 9 County Roads and Bridges to be Utilized 9 Miscellaneous Trucking Information 9 Staging Areas 9 Staging Schedules 9 Empire Labs Mineral Study 10 WASTE, STOCKPILE AND STORAGE CONCERNS 11 STORM AND FLOOD WATERS 11 NON AGRICULTURAL LANDSCAPING 11 RECLAMATION 12 SCHEDULE 12 CONSERVATION OF PRODUCTIVE AGRICULTURAL LAND 13 PROTECTION OF THE SAFETY, HEALTH AND WELFARE OF THE NEIGHBORHOOD AND COUNTY 13 NOISE CONSIDERATIONS 14 SOIL REPORT 15 General Soil Map For Broad Land Use Planning 15 Soil Maps For Detailed Planning 16 Map Unit 3. - Aquolls and Aquents, Gravelly Substratum 16 - i - 9Q644t Map-Unit 41. - Nunn Clay Loam 16 CERTIFIED PROPERTY OWNERS LIST 17 CERTIFIED MINERAL RIGHTS OWNERS 18 PERSONAL RESUMES 19 APPLICATION FORM FOR USE BY SPECIAL REVIEW 20 LEGAL-DESCRIPTION OF PROPERTY 21 OWNERSHIP DEED A 22 OWNERSHIP DEED B 23 OWNERSHIP-POWER OF ATTORNEY 24 CERTIFICATION OF DRAWINGS BY A REGISTERED ENGINEER 25 900441 _ ;; _ LIST OF FIGURES Figure 1. Vicinity Map 2 Figure 2. Plot Plan 3 Figure 3. Main Access (Access A) 7 Figure 4. Noise vs. Distance For a Tow Boat with a 100 foot Drive-by Noisc of 70 Decibels 14 960441 - iii - LIST OF TABLES TABLE 1. Mining Stage Sizes 10 TABLE 2. Mining Stage Schedule (all times in years) 10 TABLE 3. Estimated Dates of Event Completion 12 TABLE 4. Selected AWSA Approved Tow Boat Noise Levels 14 TABLE 5. -Typical Noise Levels of Various Sources 15 TABLE 6. Surrounding Property Owners 17 TABLE 7. Mineral and/or Subsurface Owners 18 900441 - iv - APPLICATION FOR USE BY SPECIAL REVIEW This proposal is submitted pursuant to Weld County regulations concerning a Use By Special Review for 130.65 acres of land located in the North Half of Section 29 and the South half of Section 20, Township 6 North, Range 67 West of the 6th P.M., in the County of Weld, Colorado. The_purpose of this document is to insure that our proposed uses of the land are compatible with existing and planned land uses in-the area, and that our proposed uses are not of great impact on the land and its surroundings. The land in question, hereinafter referred to as the Property, is currently under contract to be purchased by-Randall Hocking and Philip Yastrow from Edwin and Marjorie Kadlub. The contract is contingent upon Weld County or any othergovernmental agency approval, when applicable. PROPOSED IAND USE Our basic plan has-three parts: • The creation of two lakes to be used for competitive water ski training and ultimately local, regional and national level competitions • Specific agricultural uses in an amount which soil quality and available water allow • Two residential home sites Figure 1 shows a vicinity map. The Property is located just Southwest of Windsor, on the opposite side of the Poudre River. The-plot plan is shown in figure 2. An enlarged version of the plot plan and vicinity map are included as part of the Use By Special Review Permit Plan Map. Our lake development will include subterranean excavation and disposition of the mined material and therefore requires details of these operations. We must emphasize we are not in the commercial mining business. A commercial type operation could exceed fifteen years, whereas we want to complete the excavation phase of this project in two to four years. It is our intent to donate the majority of the material that leaves the property to the State, County or Town of Windsor. We do not anticipate any profits from the mining operation. Recreational We propose two lakes with a total surface area of approximately 34 acres designed specifically for competitive type water skiing. The lakes will be private, with membership limited to approximately ten total people or families. In order for all water ski and water ski related activity on the Property to be sanctioned by the American Water Ski Association, all users of the Property must be members of the American Water Ski Association. We would like to emphasize that competitive water skiing is substantially different than typical recreational water skiing on public bodies of water. There is a contrast between serious, competitive skiing and the party like atmosphere found on most public reservoirs. The first concern that comes to mind when thinking of power boats is noise. Please refer to the section on noise considerations which addresses this concern. It is also important to note the bulk of the ski season is from June through August. The other nine months of the year the lakes will be used minimally. 900441 Laku Landing - 1 - Application for Use By Special Review Hwy. 39233.33,33„3 ,i Main St e izi"S i n t�[l 02 �.wno.r...o��.o� �.�..o�� .o.. ��I moon um�E . api ay e fir, dw �, Stone Mt. Road Arch ��_ EH o a�z I ^ ?eci-?77 5 e�II q 22141 el ® ® Co on Recess c ci 21 HRH CC �!� iulllllllll�l�� 'j a cam.,.ci..,.mi. Pccess R I/ / R-Cl a ®'a _, 7,;1°7°.71;:..., o) n B net I is e 2000 /7 o O70 Scale (fees ) -- -- .. !s� V lc aw a to Hap o,� .d In Il,. NoslC noel of Sect ion cnAT 23 Colo.. Figure 1. Vicinity Map Water Ski Tournament Training Members of the water ski club will typically use the site to practice throughout the entire week. The peak hours of usage will generally be-from 11:00 a.m. to 1:00 p.m. and 4:00 p.m. to 7:00 p.m. Water skiing will be allowed from 7:00 a.m. to sundown, however no skiing will be permitted prior to sunrise or after sunset. Water Ski Tournament Events Once the lakes are created, it will take one to two years before-they are sufficiently developed to be capable of hosting sanctioned tournaments. We anticipate sponsoring approximately two tournaments per season. Tournaments usually run from 7:00 a.m. to 6:00 p.m. on both days of the weekend. During the tournaments, 80 to 100 competitors and a very limited number of spectators will be in attendance. Approximately one quarter of these people may camp out in recreational vehicles on Friday and Saturday night. Agricultural The Property is located in an agricultural area and we would like to retain its agricultural status and environment. We do not desire to become involved in farming in a major way, but we do intend to grow and harvest _certain crops and maintain a limited number of farm animals. This insure full utilization of the land. 900441 Laku Landing - 2 - Application for Use By Special Review r h dc� ''e Ac cess,_, ,am s.on<�,ou�.ain aoud) Qo \? _ \ 1 __ �� ' s,...i 2,2..3 'e� C 44 44' La lee, 1 Lake I crca 4) ., I ) Cacho B.H. -O 4 ----, bill rgn 0 200 400 OV 800 i -- 4I i H SCALE (I issh = 200 feet) °. LA.Es _ FU T' i i k 1 —n— ,.., ,,, .. HinEragn Sicgs awreroicg<oei. h_u'C=MU Figure2. Plot Plan Tree Farm Our primary agricultural plan calls for two small sized Christmas tree farms. Trees have a proven ability to grow on the Property in the low lying areas and with minor irrigation improvements, we feel large sections of the property can be dedicated to this use. Most of the soil for the tree farm will be provided from the topsoil from the lake areas. The trees will be planted and harvested on a cycle of about seven years. This cycle allows for a large number of substantially mature trees to always be on the Property and also allows us to perform the initial planting over a longer time-frame. The trees will serve multiple purposes: • Economic benefit • Erosion control • Enhance scenery • Promote wildlife 900441 Laku Landing - 3 - Application-for Use By Special Review • Mitigate impact of any noise_generated during summer months • Provide wind break for lakes GTass A distinct possibility at this point is the growing of sod, hay or other grasses for feed, landscaping and erosion control ground cover. Fish For Ecological and recreational purposes, we plan to stock our lakes with several species of fish. Residential As already determined by the Department of Planning Services, we will break off one home site by Recorded Exemption in orderto have two separate home sites for each of us to build a residence on. These home sites will be built on the south side of the Property with overburden and structural fill from-the lakes. For information concerning sewage, water and electricity for our homes, please refer to the utilities section. NE-ED FOR PROPOSED LAND USE The sport of competitive water skiing requires perfect, controlled conditions best achieved on man made lakes designed for this purpose. Also required are dedicated enthusiasts who can be trusted with the intricacies and subtleties of the sport such as driving judging and safety. For this reason, we ourselves will not be the only users of our facility. Our plan intends to provide us with a close circle of members who not only give us the required team support, but also help share in the maintenance of the Property. Water skiing is agrowing family sport which provides an activity for people ranging in age from five to eighty. In this region of the country the demand for competitive type skiing is far greater than the amount of suitable sites. The American Water Ski Association has recently become a member of the U.S. Olympic Committee and anticipates competitive water skiing becoming an Olympic event. Our site will become part of the growing structure of the sport which spans local, state, regional, national and ultimately international level competitions. The development of this site to our expectations will fulfill our dreams of building and living on a competitive water ski site. Alter investigating no fewer than ten sites over the past three years and the development of thoughts and specific details over the past ten years, we have concluded this piece of land to be ideally suited to our needs. Our main agricultural goal is to preserve and promote the beauty of the river bottom land. It is this end which justifies a continued agricultural use of the Property. The fact that the lakes will he in our "backyard" will guarantee our ongoing commitment to maintain a pleasant environment which we can take pride in. We led these lakes along with our proposed landscaping and end use will not only accomplish our purpose, but will also enhance the wildlife and scenic attributes of the Poudre-River Valley. EXISTING LAND USE Approximately 70 acres of the Property are currently being farmed by a tenant farmer. In addition to growing crops, there is also a small herd of cattle and several horses that graze on the land. 900441 Laku Landing - 4 - Application-for Use By Special Review SURROUNDING RESIDENCES AND PROPERTIES All of the surrounding properties are farms with the exception of the Town of Windsor'sPoudre Park, the Meat Packing Plant owned by the Small Business Administration and the Proposed-River Trails Subdivision. The only residence currently within 500 feet of the property is occupied by Kent Kadlub. This is in the proposed River-Trails Subdivision area. OPERATIONAL DETAILS All skiing activities will be controlled with strict by-laws that we develop for the club. These by-laws will be in accordance with our overall plan that provides for the safety and well being of the land and its users. Some examples of by-law items are: • There will be only one boat operating on a lake at a time. • Limited number of guests • Restrictions on the use of alcohol • Sanctions against littering In order for the ski club to exist, all members must participate in the maintenance of the site and many other areas related to the sport. Some of the responsibilities of the ski club are: • Develop the competitive aspects of the site • Assist other members in coaching, driving and safety • Prevent the accumulation of any debris on the land • Sponsorship of tournaments • Construction and maintenance of boat docks There are many things involved with our ski club plan that should be detailed at this point. These are included in our overall plan but will be developed over a period of time. • 1000 gallon above ground fuel storage on site near lakes • Structure-for storage which will also serve as a judges tower • Club restroom and shower with potable water • Electricity for ski club including recreational vehicles 900441 Lakti Landing - 5 - Application for Use By Special Review WATER FOR PROPOS-ED USES Water Needs Our water needs encompass domestic use, evaporative loss of ground water from the lakes and irrigation. Our domestic water requirements are the needs for the two homes and the minor needs required by the ski club which include potable water for showering. In order to create lakes by-exposing ground water, we must not cause harm to the river. In other words, we must replace water to the river in an amount equal to that lost through evaporation from the lake surface. This is called augmentation. All bodies of water created in this manner must have an augmentation plan approved by the Water Court. Usually, a water engineer calculates the amount of water that will Evaporate from the surface or sublime when there is ice during the winter months. This is the basis on which our augmentation-plan is being developed. Water Sources The augmentation of evaporative loss from the lak-es will be provided by water from-the B.H. Eaton Ditch,Fossil Creek Reservoir and a 40 gallon-per minute adjudicated well. With the Property, we are purchasing six shares of the B.H. Eaton Ditch which generally deliver about 25_acre feet each. Also, we are purchasing one preferred share in the Fossil Creek Reservoir, or about 23 acre feet, which can be used to augment during the winter months. Any of this water which will not be used for augmentation will be used for irrigation purposes. All of our domestic water needs will be supplied by the 40 gallon per minute adjudicated well or new wells which we will obtain permits for. More specific details are contained in our water use plan which are being submitted through our attorney to the Water Court. ACCESS ROUTES We have several points of access onto the land. Referring to the plan and vicinity maps, they are: • Main access road from the south (Access "A"). This access leaves Weld County Road 17 South of the Poudre River. • Optional access from the North through proposed River Trails Subdivision. This access (Access 'B") requires passage through or over the Poudre River. It leaves public roadways at Stone Mountain Road in the Town of Windsor. • Optional access from the East through a right of way from Weld County Road 66. 'Phis access (Access "C") requires passage over the Poudre River. It is our intent to use the access "A" (shown in figure 3) as our main access to the Property. We are purchasing an easement from Billy Shutts for this purpose. The-easement is a minimum of 50 feet wide, with the actual road being 35 feet wide. The closest point of contact to any-residenee from the access is about 400 feet to the Hettinger property. The access will be raised a sufficient amount for flood hazard regulations using road base from the lakes. The Southwest portion of the easement will be fenced and an irrigation/drainage ditch will be provided also. Currently, the ditch is just to the Northeast of the proposed road locat1c900 u441. Laku Landing - 6 - Application for Use By Special Review To Lakes -- -- SCALE (feet) c„i.a. F--- 1 River Rerurn 0 200 400 600 800 To Nona Site. ,Lm Heft npe Properly s0 �� rac cFss A Easement Ditch ea.d:yned Ditch— Fence Road Weld cn.,n.y Road n luplcol Rood Detail Typical Road Decrier. Figure 3. Main Access (Access A) VEHICULAR TRAFFIC The majority of all vehicular traffic will be to and from the two home sites via the main access. Seasonal water ski traffic will use the same access passing by the home sites and-proceeding North towards the lake main parking area. This traffic flow pattern allows easy monitoring of traffic-from the home sites. Parking for water skiers will be provided in the form of a 1.2 acre gravel parking lot. A gravel road with parking stalls will also be provided for cars or recreational vehicles to park between the lakes. There is adequate room for 102 cars and 38 recreational vehicles but realistically there will never be this many vehicles on the Property. If we ever have one or two tournaments a year, there may be half this many vehicles. We are, however, not restricting ourselves from the ability to handle this many in the distant future. In order to protect the_Property, there will be no off road traffic. UTILITIES All utilities on the Property will be developed jointly by the ski club and the owners. We feel that a high quality environment at this site will only be attainable with adequate utilities. Water Wells will he the source for all domestic water needs. As previously stated, we are purchasing an adjudicated well with the Property. When the need dictates, we may expand to more wells. It is our intent to have a joint well for the home sites and a separate well for the ski club restroom and shower. 900441 Laku Landing - 7 - Application for Use By Special Review It is conceivable that we will someday tap into the Town of Windsor water supply, if this is possible. The line is located West of the Property. At this point we have ruled it economically infeasible and have researched it no further. Septic Systems Each house and the ski club will have a separate septic system. The earthwork we are doing in accordance with FEMA regulations will provide suitable locations for these septic systems. After analysis of our soils, Neil Sherrod, Vice President of Empire Labs in Fort Collins, has made the determination that we will be able to build approved septic systems on our Property with the existing and proposed materials and topography. We will have our septic systems specifically engineered for the Property after the home sites are built up in accordance with any applicable regulations. Electricity Electricity is the only utility that will exist on the property at the time of closing. We will, however, need to realign the electric lines so they are not crossing the lakes. It is our intent to haverthe provider of the electricity, Public Service, do all relocation work. FIRE PREVENTION The Property is located in the Windsor/Severance Fire Protection District. This district is served by the Windsor Volunteer Fire Department. Because of our proximity to the Town of Windsor, the response time will be similar to that of most other Windsor locations the same distance from the Fire Station. DESCRIPTION OF MINING OPERATION It is our goal to have one lake excavated in the first year and the second lake in the subsequent two years. We can not stress enough that we are only entering into a mining operation in order to provide for our proposed end use of tournament water skiing. As previously mentioned, we anticipate virtually all of the material that leaves the Property to be donated to a government entity at no profit to ourselves. This is the key to an expedient excavation process that will have minimal impact on the surrounding area. It is our intent to dig only ten feet deep. At the seasonal low water table of approximately four feet, this still allows for a minimum water depth of six feet. Because of this, we will not be a typical mining operation that lasts in excess of fifteen years. We feel this to be an attractive project for most excavation companies, because we will let them take the material, without royalties from the Property provided it goes to a public project. We will require them to leave an amount of material on the Property in accordance with our reclamation needs and the legal rights of the other mineral/subsurface owners. We will select the excavation company for the project, which may be a government entity, based on the following criteria: • Adherence to lake specifications including but not limited to shape, depth and shoreline profile • Commitment to a schedule which meets our needs • Execution of our reclamation plans 900441 Laku Landing - 8 - Application for Use By Special Review • Sufficient insurance and/or bonding coverage Operationand Processing Equipment We will use processing equipment typical of medium scale operations capable of producing sorted, crushed aggregates_suitable for uses such as road base, structural fill, etc. This will include two screens, two crushers (one course, one fine), six conveyors, two loaders, one excavator, three haul trucks, one feeder dozer and two scrapers. The reclamation process will callfor two blades. In order to operate this equipment, there will be approximately fifteen employees of the excavation company on site working one shift of up to twelve hours. Work will only occur during daylight hours and will be in compliance with any applicable regulations. County Roads and Bridges In be Utilized The main access to the Property will be from Weld County Road 17. The haul routes will proceed along this access, then North across the Poudre River and East on Weld County Road 66. from this point, depending on the destination of the material, trucking will continue either North or South along State Highway 257. Miscellaneous Trucking Information By digging-the lakes tenfeet deep, we will excavate 373,181 yards3 of sand, gravel and overburden. If this was all gravel, it would be equivalent to 559,771 tons. In actuality, it is-difficult to tell how much gravel will excavated. We will leave as much material on theProperty for site improvement as we can, so long as we are within FEMA regulations of flood plain modification. It is likely that whatever the-total amount of gravel we remove, the maximum per year will be about 150,000 tons. A typical haul truck will be between 15 and 25 tons, depending on the haul distance and availability. Assuming that the trucking is distributed evenly over nine months, working twenty days per month, we will need to truck about 833 tons per day. This yields 33 to 55-trucks per day, depending on the truck size. Because we do not want to underestimate and therefore create permittingTestrictions and limitations, we need to allow for 2,000 tons per day maximum, with the average being in the range of 500 to 1000 tons per day. If the demand for gravel is high at any particular point in time, it is important to be able to supply the material at a corresponding rate. As stated elsewhere in this document, we will utilize a dust abatement which is approved by the Weld County Health Department. Staging Areas Because this will be a dry pit mining operation requiring dewatering, each lake will be dug in two stages to distribute these costs. Therefore there will be four total stages for the excavation of both lakes. ']'able 1 shows the stages with their approximate sizes. Staging Schedules • Exact schedules are impossible at this time, but our indication of the capabilities of excavation companies, along with our desires to give them incentives to proceed quickly, has produced the staging 900441 Laku Landing - 9 - Application for Use By Special Review Stage Description Size (acres) 1 South half of lake 1 7.1 2 North half of lake 1 7.1 3 North half of lake2 10.9 4 South half of lake 2 8.7 TABLE 1. Mining Stage Sizes schedule shown in table 2. It is important to note that this is the mining schedule and processing of material may extend up to two years beyond the end of mining. Dewater Strip Overburden Mine and Process Gravel Total Stage -minimum maximum minimum maximum minimum maximum minimum maximum 1 0.04 0.08 0.04 0.08 0.17 0.34 0.25 0.5 2 0.04 0.08 0.04 0.08 0.17 0.34 0.25 0.5 3 0.04 0.08 0.04 0.08 0.17 0.34 0.25 0.5 4 0.04 0.08 0.04 0.08 0.17 0.34 0.25 0.5 total 0.16 0.32 0.16 0.32 0.68 1.36 2.0 4.0 TABLE 2. Mining Stage Schedule(all times in years) Empire Labs Mineral Study Empire Labs of Fort Collins was commissioned to drill core samples in six locations distributed evenly throughout the proposed lake sites. Included here is an excerpt quoted directly from the study. The following describes the characteristics of the primary soil strata encountered at the site in order of increasing depths along with current ground water conditions. (1) Silty Topsoil: A ate-half (112) foot layer of silty topsoil was encountered at the surface of the test borings. The topsoil has been penetrated by root growth and organic matter. (2) Sandy Silty Clay: The clay stratum was encountered below the topsoil and extends to depths of one and one-half(1-1/2) to four (4)feet below the surface. The silty clay is moderately plastic, contains varying amounts of sand and is damp to moist in situ. (3) Sand, Gravel and Cobbles: A granular .stratum underlies the clay layer and extends to depths of fifteen (15) to eighteen (18)feet below the surface. The granular material varies from clean to silty and is medium dense to very dense in its damp to saturated situ condition. It is estimated that the cobbles within the gravel stratum range in size up to eight (8) to ten (10) inches in diameter. (4) Siltstone Bedrock: The bedrock stratum was encountered below the granular • material and extends to the depths explored. The bedrock varies from gray to tan and is damp to moist in its situ condition. The upper one-half (1/2) foot of the bedrock is highly weathered; however the underlying bedrock is firm. (5) Ground Water: At the time of the investigation,free ground water was gtVVt,4,11 Laku Landing - 10 - Application for Use By Special Review in all of l/ae test bori�rg,s a[ depths of[hree and oree-half(3-1/2) zo seven (7)feet below the surface. Water leveGr iii t}eds nrea m�e subject to chmige due to ,sea,sor�nl vmiatdons, irrigation dentands o�a nnd/or ncljacerit to tlte property arul jlucnwXdons in the levels of the Cnclze Ln Poieclr•e River nnd the Enton ancf Whr�aiey ditche,r srn•rounctiiag the site. Uiscursioa .....The diickne.rs of the overburcien encountered in die test borings ranges fi�oi�i 1.5 to 4.0 feet anr/ is oit nverage of2B fee1. The underlyi�ag grnnulnr rnaterinl range,s�i'oni 12.0 to L6.5 feet rnad is a�t nverage of 14.3 feet thick.... For7easonspreviously discussed, wc will only dig a total of teo feet below the surface in�xcavating the lakes. W�ST�, �T�C3��ILE AA'D STORA�E ��NCER�S All trash and rubbish iemova] of material generated by the home sites or thc ski club will be contracted out locally. Stai�dard dumpsters will bc place�d in appropriatc arEas. Material generated from the creation of the lakes will be bermed and tlistributed throughout the Property in accordance with FEMA and Weld Couuty regulatio�s. There will be no large stockpiles on the Property bccause of our desire to landscape as the excavation prcx eeds. FEMA rcgulations require our bcrms a�d other landscaping to cause zero rise in the flood plain. All flood studies and data required by FEMA are bcing cootracted out to Simons Li ai�d Associates in Fort Collins. STORM AND �LOOD WATERS Storm water will dissipate basic�dly in the same maili7er it always has. "The main diffcrrncc will be in the dissipa[ion of flood waters. Bccause of our desirEior berms surrounding the lakes, we need to provide some form of coi7veyance or channcl to offset their effect. Zt is important to achicve a floodway ihat appears the same as it is nowtrom any point upstream or downstream of the Property. Flood waters enterii�g the Property from thc river on the West will be directed to thc flood watcr chan�el wc arc havi»g designed. Flo�sd waters on theEast side of tl�e �roperty will dissipate as they always have whe� thc river rcccdes. The raised land on the South sidc of the Property for our home sitcs that is inside of the 100 ycar flood plain will be raised to a levcl compatible with all applicable sta��dards spccified in Section 26.4 of the Weld County Zoning Ordinance. NOri A�RICULTURAL LAAIDSCAPING As previously stated, we ii�tcnd to build bcrms in the floadway with exccss material from lake creation. This will be t3one in accordai�ca with FEMA regulatioils. Also, we intend to use mucli of this matcrial for building up our proposed home sitcs. All landscaping will be done with this matcrial in mind. Young trees are in abundancc around the perimeter of the 3'roperty. We would like to trai�splant some of these trccs to areas surrounding the lakes in additiou to purchasing about 400 trces for the samc use. 'I'his will help mitigatc ai�y noisegcnarated during the smnmar months, providc a wind brcak and en6ancc the wildlifc habitet. Willows, cottonwoods and grass are p�rticul��rly important in areas surrounding the rivcr to prevent crosion and protect the Property�� Laku Landing - 11 - Applicatioo for Use By Special Revicw RECLAMATION An crucial point of fact with this project is that the reclamation is_part of the special use desired. Vegetation and landscaping surrounding the lakes are an attribute we think will provide beauty and promote wildlife in-an amount greater than there is currently. The State of Colorado Mined Land Reclamation DivisionTeels our proposal provides a near automatic reclamation plan. They have waived our need for a reclamation permit if Weld County approves our end use of the Property. We have_consulted with Connell-Resources for technical advice concerning reclamation. Also, we will be working with hydrologist and-river expert Dave Rosgen. He is an expert on erosion and changes to rivers caused by extreme modifications of the-flood plains. SCHEDULE Table 3gives approximate dates for specific events to be completed. In order to be realistic, we have provided our estimated minimum and maximum completion dates. Ev_ent Minimum Maximum File For Use By Specia112eview Feb 19 1990 Weld County Planning Processing March 19 1990 April 3 1990 Board of County Commissioners_Processing April 19 1990 May 15 1990 Land Purchase Closing March 15 1990 May 15 1990 Begin Excavation April 1 1990 June 1 1990 End Excavation April 1992 August 1 1994 Begin Skiirrg Activities April 1 1991 August 1 1992 Home Construction April 1 1991 April 1 1996 TABLE 3. Estimated Dates of Event Completion 900441 Laku Landing - 12 - Application for Use By Special Review CONSERVATION OF PRODUCTIVE AGRICULTURAL LAND As can be seen in the soil report below, the bulk of the Property is not optimum farm land. It has historically been farmed and used as grazing land only in amounts dictated by its rocky, poorly drained characteristics. Our plan capitalizes mostly on the proven ability for trees to survive in the low lying areas which are most prone to flooding. We feel a Christmas tree farm will be an excellent use of this land if the drainage is only slightly improved. Other types of trees could be grown just as well in a nursery environment on the Property. The intended use of the land for small scale grazing will provide local ranchers a reasonably sized area for up to 50 head of cattle or horses. By allowing the current tenant, who is also our neighbor, continued grazing rights, w_e will not be responsible for reducing the total amount of livestock the County is capable of maintaining. After consulting hydrologist and river expert Dave Rosgen, we are following his advice-that all land within a recommended distance from the river be off limits tograzing. This will protect the ground cover which will in turn limit erosion. PROTECTION OF THE SAFETY, HEALTH AND WELFARE OF THE NEIGHBORHOOD AND COUNTY Because clean, safe water is important to us, we will monitor the water monthly during the months of use, specifically June through August to insure compliance with Sections 4.5 and 4.6 of the State of Colorado Regulations and Standards Governing Smimmi✓ag Pools, Swimming Areas. The results of such tests will be submitted to the Weld County Health Department for their review. Sewage disposal systems approved by the Weld County Health Department will be installed for the homes and ski club. A dust abatement program approved by the Weld County Health Department will be utilized. The Special Use Permit Area shall be maintained in such a manner so as to prevent soil erosion and growth of noxious weeds. The site shall be maintained to present a neat and well kept appearance. All activity on the Property shall be in conformance with FEMA and Weld County Flood Hazard Regulations. Homes will be used as single family dwellings and shall not be used for the commercial housing of guests. All construction on the Property shall be in accordance with the requirements of the Weld County Building Code. Property owners shall be responsible for complying with the operation standards of Sections 24.5 and 24.6 of the Weld CountyZoning Ordinance. Weld County Health and Weld County Planning employees will be granted access onto the Property at any reasonable time to determine compliance with applicable Weld County Regulations. The maximum permissible noise level at any surrounding residence shall not exceed 55 decibels as measured according to 25-12-102 CRS. 900444. Laku Landing - 13 - Application for Use By Special Review NODE CONSIDERATIONS Tow boats approved by the American Water Ski Association for sanctioned events are not the same as typical boats most people think of when they think of a ski boat. Only AWSA approved boats will be used on the Property because they are simply better due to the fact they are designed specifically for tournament type skiing. In table 4 we list some of the most commonly used competitive tow boats along with their respective noise levels. These levels are what is referred to as the drive-by noise, or the noise level measured by a noise meter from 100 feet away while the boat drives by at 36 miles per hour, the maximum speed of any tournament event. All of these pieces of data were-extracted from the 1990 Boat Buyers Guide published by Water Ski Magazine. data taken with noise meter from 100 feet Boat make and model Drive-by noise (decibels) Correct Craft Ski Nautique2001 69 MasterCraft ProStar 190 68 American Skier Volante 69 Ski Supreme MS 71 TABLE 4. Selected AWSA A-pproved Tow Boat Noise Levels Figure-4 shows the noise level as a function of distance for a boat with a 100 foot drive-by level of 70 decibels. It is apparent from this figure how the noise level drops off as the distance from the source increases. For example, Poudre Park is almost 1000 feet away from the center of the-East lake. 'Phis corresponds to a noise level of about 50 decibels. ml T _T(7, f � m " m _ L - aa -� L :- 166 260 3eN 49C S0f ,;69 ]60 u60 960 ]060 ]160 12621 1300 1,109 IS66 Distance. Fr on So-.lice :Foes? Figure 4. Noise vs. Distance For a Tow Boat with a 100 foot Drive-by Noise of 70 Decibels) 900441 Laku Landing - 14 - Application for Use By Special Review Table 5 lists various common noise sources and their respective noise levels in decibels. At 100 feet, a typical tow boat is about 70 decibels. This is equivalent to a city street or an automobile. At 1000 feet the noise is similar to an average office, hotel lobby or a bank. There will also be further noise attenuation caused by the berms and trees on the Property. Source Noise level(decibels) jet plane at take off 150 pain threshold 120 propeller plane at take off 120 thunder 120 loud motorcycle 112 loud power motor 110 loud oullmard motor 105 large motor trucks 95 food blender 95 vehicular tunnel 85 motor bus 80 factory 80 city street 70 automobile 70 typing and accounting office 65 conversation 60 department store 55 labxatory 55 average office 50 hotel lobby 50 bank 50 classroom 45 conference room 45 private office 40 library 40 church 25 TABLE 5. Typical Noise-Levels of Various Sources SOIL REPORT All data included in this section are extracted from the Soil Survey of Weld County, Colorado, Southern Part performed and compiled by the U.S. Department of Agriculture Soil Conservation Service in cooperation with the Colorado Agricultural Experiment Station. General Soil Map For Broad Land Use Planning 'Phis generalization of soils describes map units or soil classes that have a distinct pattern of soils and of relief and drainage. The Property falls completely under the general map unit number nine Agrmlls-Aquents-Bankmd. It is described as "Deep, level and nearly level, poorly drained and somewhat excessively drained loamy soils and sandy looms formed in alluvium" "This map emit, or soil generalization is used mainly for rangeland and wildlife habitat. Wetness and the hazard offloodin5 are the main limitations informing and most other pe'pose.c." 9®®441 Laku Landing - 15 - Application for Use By Special Review Soil Maps For Detailed Planning The map units shown on the detailed soil maps are more specific than the above generalizations. These maps indicate only two types of soils on the-Property. Map Unit 3. - Aquolls and Aquents, Gravelly-Substratum The bulk of the Property is this type of soil. The lakes will be located entirely in this area. Basically, this is a deep, poorly drained soil. In other words, it is fairly consistent all the way to bedrock and water is removed so slowly-that the soil is saturated periodically during the growing season or remains wet for long periods. Free water is commonly at or near the surface for long enough during the growing season that most mesophytic crops, or ones that require-medium amounts of moisture cannot be grown unless the soil is artificially drained. This is a valuable wildlife area which we intend to let flourish in an amount greater than it is currently. Wildlife is an asset that is desirable for its tranquility and beauty. Map Unit 41. - Nunn Clay Loam The area intended for-the two home sites is this type of soil. It is a deep, well drained soil on terraces and smooth plains typically found at elevations of 4,550 to 5,150 feet. The permiability of this loam is moderately slow, or about 0.2 to 0.6 inches per hour. Available watereapacity is high and the erosion hazard is low. Because this soil is not ideally suited-for urban construction due to its shrink-swell characteristics, or the _density change related to moisture content, we will use gravel from the previous map unit as structural fill for our residences. The extent of the shrink-swell makes paved roads economically infeasible to maintain. Septic systems in this type of soil percolate too slowly. They can, however, be constructed with a mixture of this soil and sand and gravel from map unit 3 in a manner that has-excellent percolation qualities. 900441 Laku Landing - 16 - Application for Use By Special Review CERTIFIED PROPERTY OWNERS I,IST AFFIDAVIT OF INTEREST OWNERS SURFACE-ESTATE Application No. Subject Property SPATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company 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 30 days of the application submission date. 44_44. The foregoing instrument was subscribed and sworn�t,�o�before-me this 4301 aA 90 day %ltati ,19 ,by Sot Q o,J Hoot/Pi WITNESS my hand and official seal. My commission expires: 2tC4thiasmai 09/ • • �ti t r r✓ 1 I _ / NAME ADDRESS MAP ID ASSESSOR'S PARCEL ID River Trails, Inc. 625 Oak,Windsor CO 80550 0807-20-4-16-002 0110188 River Trails, Inc. 625 Oak.Windsor CO 80550 0807-20-4-15-000 0109988 Town of Windsor 301 Walnut St.,Windsor CO 80550 0807-20-4-00-005 1477986 Town of Windsor 301 Walnut St.,Windsor CO 805,50 0807-20-4-00-010 1478286 Rebro,Walter L and Elizabeth S 656 Furman Way,Boulder CO 80302 0807-20-4-00-002 1477786 Town of Windsor 301 Walnut St.,Windsor CO 80550 0807-20-4-11-017 1496386 Francis,Thomas G and Linda J PO Box 94,Windsor CO 80550 0807-20-0-00-020 1431786 Johnson,Pamela G PO Box 847,Windsor CO 80550 0807-29-0-00-014 1590786 Nasuta,Daniel L Koswan,Mary Lou Herman,Bruce K Eastman Kodak Co. clo Corp Tax Dept 0807-29-0-00-042 11591586 ATTN Dave Finman 343 State St,Rochester NY 14650 Whiting, Robert Dcrald do Whiting Petroleum 0807-29-0-00-016 1590986 1700 Broadway Suite 2300, Denver CO 80290 Small Business Administration, 721 19th St, Denver CO 80202 0807-29-0-00-013 1590686 New Custom House Shutts,Billy G and Patricia J 8217 South WCR 5, Ft Collins CO 80525 0807-29-0-00-012 1590586 Shutts,Billy G and Patricia J 8217 South WCR 5, Ft Collins CO 80525 0807-29-0-00-040 1591386 Hettinger,Ronald E and Dorothy D Ann 31447 WCR 17, Windsor CO 805.50 0807-29-0-00-011 1590486 TABLE 6. Surrounding Property Owners 90 441 Laku Landing - 17 - Application for Use By Special Review CERTIFIED MINERAL RIGHT-S OWNERS AFFIDAVIT OF INTEREST OWNERS MINERAL AND/OR SUBSURFACE Application No. Subject Property 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 of all mineral owners and lessees of mineral on or under the parcel of land which subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's office, from an ownership update from a title or abstract company, or an attorney. nz The foregoing instrument was subscribed and sworn to before me this /3fh day 1444 41 , 1990 , by 'tay /-locking WITNESS my hand and official seal. My_commission expires: Z(o ithituuty /99/ y t��u .f1l,lr ;v : Notary Public .... NAME ADDRESS MAP RIGHTS Kadlub,Edwin D and Marjorie A 625 Oak,Windsor CO 80550 50%mineral rights 50%oil and gas rights • 50%gravel rights in portion of property in Section 20 100%mineral rights 100%oil and gas rights 100%gravel rights in portion of property in Section 29 Purchasers will receive all of these rights Mrs_T.w_Pope 1025 6th N.W.,Ardmor OK 50%mineral rights 50%oil and gas rights 50%gravel rights in portion of property in Section 20 TABLE 7. Mineral and/or Subsurface Owners 900441 Laku Landing - 18 - Application for Use By Special Review PERSONAL RESUMES Randall Hocking • CPA with Hunter and Associates in Greeley for seven years. • Involved in competitive water skiing for sixteen years. • A member of the Rocky Mountain Water Ski Club which resides at the lake-described earlier and is located in Greeley. • Currently a Councilman for the Rocky Mountain Area in the W_estem Region -of the American Water Ski Association. 353-3750 daytime phone number Philip Yastrow • Electrical Engineer-for Hewlett Packard in Fort Collins for five years. • Involved in competitive water skiing for five years. • A member of Barefoot Lake Ski Club in Fort Collins. 229-4544 daytime phone number 90441 Laku Landing - 19 - Application for Use By Special Review WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, _Phone 356-4000, Extension 4400 For Department of _Planning Services Use Only Case Number: Date Application Receive-d: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: zs Permit Fee: 11\p3 -- Recording Fee Receipt it: Receipt Number: IlA1Z Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Sec 20 & 29 (See attached legal description on page 21) TOTAL ACREAGE: Ai° 6,.75- 2. Surface owner(s) of area of land described Name: Edwin & Marjorie Address: 625 Oak, Windsor, CO Phone: 686-2937 islatOecx Kadlub Address: Phone: 3. Owner(s) of mineral rights to -substance to be mined Name: E. & M. Kadlub Address: 625 Oak, Windsor, r0 Phone: 686-?937 Name: Mrs. T.W. Pope Address: 1025 6th N.W. , Ardmor,Phone: OK 4. Source of applicants' legal right to enter and to mine on the land described: See attached power of attorney on page 24 (Attached certified copy of any document -noted to the back of this form) 5. Address of applicant and general office Applicants address: P.O. Box 332, Windsor, CO Phone: General -Office address: 3535 12th St. , Ste E, GreeleThone: 333-3750 (Randy) 6. Identify any prior permits for mining held by applicant or affiliated person: None 900441 7. Description of Operation a. Types and number of operating an processing -equipment to be employed: Two screens, two crushers (one course, one fine) , six conveyors, two loaders, one excavator, three haul trucks, one feeder dozer and two scrapers. The reclamation _process will call for two blades. b. Maximum number of employees: 15 , and number of shifts: 1 c. Number of stages to be worked: 4 , and periods of time each 1s to be worked: Each stage mined fnr 0.5 to 1 year, processing to continue for a maximum of 2 years after mining is complete. d. Thickness of mineral deposit: 14.3 avg.feet, and thickness of the overburden: 2.8 avg. €eet. e. This will be a wet/dry pit operation. Dry f. Site entrance/exit -points and county toads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Weld Cty Rd 17, North across Poudre River to Weld Cty Rd -66, then East to CO 257 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Residential, agricultural & Recreational b. Source of technical Advice for reclamation: Connel Resources (excavation company) & Dave Rosgen, (River Hydrologist) c. Explanation of Reclamation Process: Smooth grades & berms covered with grass. willows, cottonwoods and other vegetation. Roads and parking areas covered with gravel. Homesites improved with fill material from lake excavation process. I hereby depose and state under the Aenalties of perjury that all -statements, proposals and/or plans submitted -with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Weld STATE 9F Colorado \ 1 ` Signatur : Owner/Authorized Agent - - Sq�i otaisti%and sworn to before me this lo•Mn. day of March , 1990 L U�� SEAL ° QAMttA NOTARY PUBLIC My,�Commiseion expires Zlo jib4 4.01 199/ 300441 LEGAL DESCRIPTION OF -PROPERTY Property Description: (book 588, reception number 1514121) A tract of land located in the South half of Section 20 and the North half of Section 29, Township 6 North, Range 67 West, Weld County Colorado. Commencing at the South Quarter of said Section 20 and considering the West line of the Southwest Quarter of said Section 20 to bear North 00°16'36" East with all bearings contained herein relative thereto; Thence along said West line North 00°16'36" East, 1705.26 feet to the TRUE POINT OF BEGINNING; Thence North 82°06'35" East, 44.00 feet; Thence North 00° 51'59" West, 74.52 feet to the Southerly line ofRivertr'ails Subdivision; Thence along said Southerly line the following 6 courses: South 53°52'04" East 175.93 feet; South 37°15'47" East, 169.51 feet; South-44°52'17" East, 155.06 feet; South 37°08'53" East, 414.99 feet; South 75°49'50" East, 169.44 feet; South 57°17'00" East, 28.87 feet; Thence along the West line of a parcel of land described in book 710, under reception number 1631705 and a parcel of land described in book 924 under reception number 184554 Weld County Records; said parcels being monumented in the field by number 5 rebar with 1 112" alum caps .stamped LS 14647; South 00°02'00" West, 416.12 feet; Thence South 55°18'22" East, 373.89 feet; Thence South 22°06'28" East, 410.70 feet to the Northeast Corner of the Northwest Quarter of the Northeast Quarter of said Section 29; Thence along the East line if said Northwest Quarter if the Northeast Quarter South 00°01'57" West, 390.63 feet to the Northeast Corner of a parcel of land described in book 1047 under reception number 01986483 Weld County Records; Thence along the North and West lines of said parcel the following two anuses: South 60°05'08" West, 1147,66 feet; South 07°42'08" West, 398.20 feet to the South Line of the Northwest Quarter of the Northeast Quarter of said Section 29; Thence along said South line, South 88°24'08" West, 256.63 feet to the Southwest Quarter of the Northwest Quarter if ate Northeast Quarter of.said Section 29, Thence South 88°23'52" West along the South line of the Northeast Quarter of the Northwest Quarter of said Section 29, 1304.6 feet to the Southwest Corner of said Northeast Quarter; Thence North 00°6'55" West, 1320.81 feet along West line of said Northeast Quarter to the Northwest Caner of said Northeast Corner of the Northwest Quarter; Thence along the North Line of said Northeast Quarter of the Northwest Quarter, North 88°13'22" East, 57.75 feet to an existing fenceline as described in book 1229 under reception mrmber 02175890 Weld County Records. Thence along .said fenceline the following 14 courses: South 02°47'23" East, 10.62 feet; North 88°22'41" East, 140.95 feet; Nortlt 02°47'09" West, 632.91 feet; North 09°0915" East, 124.04 feet; North 18°13'57" East, 35.81 feet; North 25°25'22" East, 107.55 feet; North 42°42'05" East, 114.36 feet; North 51°5725" East, 49.27 feet; North 56°24'53" East, 101.23 feet; North 34°07'09" East, 189.70 feet; North 20°57'53" East, 249.71 feet; North 51°41'37" East, 323.70 feet; North 67°35'58" Ea.+t, 179.96 feet; North 82°06'35" East, 254.22 feet; to the TRUE POINT OF BEGINNING. Said tract of land contains 130.65 acres more or less and is subject to any easements of record or that may now exist on .said parcel. 900441 Laku Lording - 21 - Application for Use By Special Review :(10 , .#,I,Ii, t 'ie,,., L:, ff 1 '' ,.[ Recorded—__ F L b 1-9 1910 w —ILL_ ddxa Y. .--, p.. ( O 7 ANN SrOMCN nor• - ` • f 21 Reception No. l54fe .._ Recorder. 8J"y QUIT CLAW DRIED _ \. 1 ' MOO arra. Made this day of rebryary , in the year of our Lord ooe thousand nine Aundted_seventy , ce between ---MARJORIE A. KADLUB--- , • . r— s a the canny of Weld d Ca oo ,and the State brdo,of the to � first-pare-and ---_EDWIN D. KADLUB--- -0� of the Comtybt Weld ,and thaSuu of Colorado,d the .4i p second fart; WITNESSETH, That the-said-party of the first part, and for and In aoeslderatioo of v the s®of -O other valuable consideration :and Ten Dollars (510.00) -DalYas, _c to theesid party of the fhstpart In hand paid by the said party of the_seoend fart,the rs- c crept-whereof is hereby confessed and acknowledged, has -remised, Sassed, sold, conveyed end -QUITCLAIMED,-and-by these presents does remise, relesse,_sell, convey and QUITmaim -FT' unto the said party of the second part, his Min and assigns forever,all the right,-title,interest, m claim sad demand which the said party of the first part has In and to the fofiorringdeeabed • .-. real-estate*tale,lying and being in the-Canty of WELD and State of Colorado, to-wk: In Section 20, Township 6 North, Range 67 West of the 6th P.M. , the West -Half of the Southeast Quarter, together with a right-_of-way for a road across the East Half -of the Southeast Quarter described as follows: Commencing at a i point 38 feet South 86°01' West, variation 14°30' East, and 1128 feet South 4 01°35' Test of the East quarter corner of said Section 20, thence South 88°25' -W_est 1255 feet, thence South 01°35' East 24 feet, thence North 88°25' -East 1256 feet, thence North 01°35' West 24 feet to the point of beginning, and the Southeast -Quarter of tt.e Southwest Quarter, -except for a tract conveyed by deed date' January 2, 1940, recorded January 12, 1940, Weld county Records, Book 1055, page A74. In _Section 20, -Township 6 North. -Range 67 1 West of the 6th -P.M. , that part of the Northeast Quarter of the Southwest • Quarter as more particularly described in a deed dated January t Janus 2, 1540, -and e recorded January 5, 1840, Weld County &cords, Book 1055, page 298. Q In Section 19, Township 6 North, ltange fi7 West of the 6th P.M. , the Northeast -Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter except a -tercel reserved in a deed dated March 12, 1951, 1 recorded -March 12, 1951, -Weld County Records, Book 1297, page 269; except 4 a parcel conveyed by deed -dated December 9, 1958, recorded Dec-ember 9, MI4.re� uur��ty�� ggpk 1 �e 469, [o eth r �✓ tph 4 arrJs cti To TtdH �� ®sk a" aR5 ehr �tnd�n ins oss 1 Heys thereinto belonging or in anywise thereunto_appertaining, and all the estate, right, title, - terest and claim whatsoever,of the sak party of the first tart,either in law_or equity,to_the only pcotM me, benefit and belted of the said party of the second part,his heirs and assigns forever. IN F'ITNFSS WHEREOF, The said party of the first part has hereunto sether hand and seal the day and year first above written. Signed in the Presence of -1 ,LJ,�$eat) Marjor -A. Kaalub -- __ (Seal) - (Seal) _STATE OF COLORADO,l i. _coorin-or-ran sa The foregoing instrument was acknowledged before me Y" .......a this /f114 sky of February , A. D. 19 70 . s�j yes by Marjorie A. Kadlub '�M . 1a • rr ,i tF„g;t; ;y Witness my Hand and Official Seal. *i`.. .yea My Canmbeim Fapires/..---fte 'r "e•7f -_. Neaten „».. ") ideP f . 1961 4 l_.._�O^.�0� a�..�easel. di ' •"e soda �p� 588 amigos N. ......___.__. ... ____.�ina._.-rode. � .4.r,�r i — i. .. I Vials PS r...W. note* drr .1 N a r a 1 ' mar d ear Lad a. he ed ,,'beard sod aiuyieoaTa area s+ Sall STOOK - C' st le alai awl a..v-,r Deaver waeee Id QinIl.d hp / t 7 • �pa.w i c IMM111 14 LaAII AMR mime= A. r.rws 4wilea Errhwra el M� el M or/.� 14-lY aeew pee ea irlr'llaeae77t�f1a dos r�� id -party el Wra e port,kr w w eaded elaal err weal lo �MOM= (1y e.e 250 .00)— - DOLLARS. RS a odd pa d dr s ] eM lewd r teed raid by the aid pile d Ike mad eat err meet Al ai R A Jesb asMrdaed adknandaed.aea tveent berme*NM ad weed.w b hr pee ale rar a se,se, eye ea a ney w sale e ae old w ar te Mae ea pert a w Ma awe w tit w la .,'read.as seyier elan.rok .rya red the bee w ee se el ma twin ken.d Ibe µ e le web Moilaod b weep p el el.wee be and bike.e-he Yeasty d Mee W atewal Cadrdaa►e1t: ID Quasar Oahe lartart Orate (11604) rfllootioa (29). lb, fdihamtAwait of tea fOrethetat4tartrr ( )al theMorthadt or 'toabla Su forth, 1dN b7 Jim a7 the Meth P.16, atasopt lhoaetroa W a trust of Seal easalal g 7.86 aorta and aaataptoa fa array ails TdM Dor* 12, 1951. ad aorta s So as Awls loot 3291, pale 169. Wall 0at7 loeorda, alaaapt a treat at lead Sala ea fellows ilaglaaa at the arthat ••err al ala Baal of-lest prebuilt bwrgA -fora plat Tray dash potat the Baatia rt career of at al at limaiftad Rasta 29. eus D _3ae16 0.1 at 13t M 614.3 fat Thome fora Jr 30e vet 500T••ts AMsao Sal 511' 401 West 1]4.5 hal taata 13° 101_goat 572 Dal ilia &nth rya o+ Drat jell tooti thaws Marti laI • werti i.wa, w h, te. em ad rreeaa raise sd mender', me lea el Mete Wee 7•7•15 ids• die are. It'.thle.+awl, ie w lard whereon 0 he mid tat 1 d he*a arable w a es name, el, w eM se he above epee maim doe Meedea..ra.l Meeeaar TO MATS AND TO low ht W praise Jere Wined ..l-erred, .w awes aie Or O 'end wee e/die etW tat M eereirera sea,Sok 'rip., ad hr Mks eel'rya d .nb 'styrene dor- 4 erne. Ad do aid preje el i is pert ler Ma a t k heat arms% and admear era des ewe pet eye ea wee a ad vilb the ..id perea 'lake ..Deed pert the aide Mee, der Lk enya ea he babe W sew el eel ad•er.4ta es heir el he Pa.and almei of a... gas n to la les Wed el h•etwr ebeet-eweU* r el rod. re. Maw.sa. .w Wails tact ei lehorkaa le le be ice haw,w e• pod eyK rear peer w lead..herb to Vert Mee . 'dad even,the sat is cane eM wee inn*..l ha he as w ea w eta ice• d sear w ale way beet sew. tee► ream eeesease el ineeweea el Mew led es sere eaest: -a 11.60 1967 tease dear ass afreo to pay, eau flat G r a N Aland la ilea acv di road; 1i 't 2hia as a)aaao aline imolai Sir shares of the-capital atomic is tae 4 a. Ott Ana Ooogd+l and Jaarge spleeslsatey 65 serve st lat, are or leer; • 4 w the cam bowed p'weels r der err paseeble pone el he ad p rde, el the al pet Ike d sun ee el Ace hi meat w deo Mks ad Was of eh darer,wet d w every pester par ea do kAw awns a r tan she oak may pot there,he eat poly ellbe Ora pet tea wail M WARRANT AND FORSTER DSrSSD. Is -or VOITIOSS pawnor, he el eV d the Met-Poo be a ae...a ea Ma SS ea al see weed e lbw lbcseeee e{ h _KeeA l�ri, " �a�iJ.�l — s(asAtd bji JOCUM(5fheY rg3/pu za.Aw e :PP sr a COLWAri -TAD a gsleg ew r we'e' eCIIIMS del h en r OM_._��_It, es• ' • Walt r S .. SD_------lo-67.b -la Sale„_. Q7.. ...�4. V _VAR). care.rb w Darr w ---- S®®4 11. e IP .••., ), w Onau dls amber 3rpamero ID 14.0./ 1 � ' `. `�..r.�` lwp4ptai I y{ gla it is-16 lie Teas ..ent--•—••en e( 144 gar aka wr A\\\\ -sr///%//A\\\\\. //�`- mkw�l/////"Am\\\\\\� s O 7:44 4lECORDING REQUESTED BY p C WHEN RECORDED MAIL TO Age 1 id NNAME STREET ADDRESS CITY STALE ZIP J I" (SPACE ABOVE THIS LINE FOR RECORDER'S USE) P-OWEFt OF ATTORNEY SPICIAL KGALL�MEN BY THESE PRESENTS:That I, ckn � - '�G� ar °L"'�� , the undersigned (jointly and�sev�erally� if more than one, hereinafter collectively "principal")"), h reb make, constitute and appoint Rias...F4-12.9- 14, 0-e S2 u 7 , 0�.�.•�� `'�"`'��'`�_' principal's true and lawful attorney to act for principal and in principal's name, place and stead and for principal's use and benefit:e..O \ (a) To Ul1esio,,, m'a �A-' e-3�`� - a U �� Sa.�. . �z.o LoaleviLtat bt ta,u.— �� II -+O a':41-- 's°, ' `i it)r) e Principal hereby grants to said attorney in fact full power and-authority to-do an-d perform each and every act and thirrg which may be necessary, or convenient, in connection with any of the foregoing, as fully, to all intents and purposes, as principal might or could do if personally prtsent, hereby ratifying and confirming all that our said attorney in fact shall lawfully do or_cause to be done by-authority hereof. Wherever the context so requires, thesingular er includes the plural. WITNESS th' day f 19 � O �'- � (IV, STATE OF 460,fiNkIt NEVLmA }ss. COUNTY OF CLARK On this 22nd day of FEBRUARY ,in the year 19 90 , before me,the undersigned,a Notary Public in and for said State,personally appeared FDWTN KADLUB AND MARJORIE KADLUB personally known to me(or proved to me on the basis of satisfactory evidence)to be the-person_whose name subscribed to the within instrument, and acknowledged to me that he -executed it. WITNESS Land official seal. S �T tti�ry.�r;n P,lastrio is /_f . ., lf,^� � �, S No l-ry FutGc- Nevada �0®4`�i ,ii e /N/+�e'^/'•_/t1 �(/ \ y i,larl<S;aurlty Notaryl3ublic in and for said Stat ``"11� My`'~'hex,p.Aua.18, 1993 POWER OF ATTORNEY-SPECIAL This standard form is Intended for the typical situations encountered in the field indicatedilnwever,before you sign,read WOLCOTTS FORM 1406—Rev.9-82 (price class 3) it.fill In all blanks,and make whatever changes are appropriate and necessary to your particular transaction.Consult a - 1862 WOLCOTTS,INC. lawyer II you doubt the form's f� mess for your purpose and use. CERTIFICATION OF DRAWINGS BY A REGISTERED ENGINEER — N� tea' 7- e _ b... ] -� n Qo z f x.. IIIIIHIIIIII } uiodw era a ,.y _x^ x xit -. { O L 6' L " ° ...� ...., T Bch -r'.vd_s- 4) w' +uc ya3:,~d �I�� 1�, w. eTL _c_.-a Tel, 1V 20 �� y w•IT r i1 �® — L ke ] Laka 2 _ �� . nxt_ — h...a_ ..._._ e _• ,, m _ �_ _ . ,t,,,..:ce. ache / ._PARCEL H �� ---_\ 1 �I 200 4I f� � 0 68A BBB SCflLL<I inch=2A0 !e er. 3 � ....... ... enn_... a„ r F .._.e_ S Inl 51 IMe,etlm .` T, 44 fam'.._...... ........__. _ �. 4 .,. u_. ..w.. ........._._:_�." ,.s _ _____ r� ..., �. ..-. ..._..... r .... . _ .e._...,....... _... (M1pOi .._.v...__._..._.;._...._... ..._..........tic:-_._.....,....q.�..,, e_... _......._ .__..._...m..._..,.d..... _._.....__ - _ maw d an° L�01pIIGNG USE BY EPECD a�VII€N PERM Pt➢Ye HP - __-_.._ This is to certify I have inspected the full size Use By Special-Review Permit Plan Map, of which the figure on this page is a exact duplication with the exception of its reduced size. Using computer digitizing techniques, the drawings were prepared by Philip Yastrow from aerial photos obtained from the Weld-County Treasurer's Office. The Property in question is located on Weld County Aerial Photo Number 0807-19,20,29,30.-To the best of my knowledge, the drawings produced from this photo are accurate with respect to the aerial photogrammetde methods used at the time of photography. From the said aerial photo, 1 have verified the locations of existing_geographical features such as the Cache La Poudre River, the Whitney Ditch, the-B.H. Eaton Ditch and13.H. Eaton Ditch river return. Using the said aerial photo and sub maps 0807-20-1, 0807202 and 080730-4,I have verified the location of existing adjacent property lines to within the accuracy of the aerial photos and maps. A map obtained from Simons Li and Associates in Fort_Collins was used to verify that with topographic contour intervals of five feet, the only contour line on the Property is at 4770 feet. also from this map f have verified the location of the one foot floodway and the 100 year flood plain. The 100 year flood plain is slightly exaggerated on the Plot Plan to allow for ease of graphical representation of the two home sites. At a time designated by the Weld County Department of-Planning Services, I will perform this same certification on the submitted mylar of the Use By Special-Review Permit Plan Map. O C / \'I A . .t.� G,,,,,er Registered Professional Engineer STATE OF COLORADO MINED LAND RECLAMATION DIVISION ' Depanment of Naturat-Resources • • 1313 Sherman-5l.,Boom 215 + � Denver,CO 80203 rg7 303 666-3567 • • FA --. — FAX: 303 832-8106 Governor Fred-R.Banta• • pwlswn Director fei!.rmary 1 , 1990 Phil Yastrow Hewlett—Packard Company C ICD -R LAB 3404 E. Harmony Road Fort Collins, _CO 80525 Re: Request for Determination as to Permit Necessity Dear -Mr. Yastrow: We have reviewed you re-quest for ael.akuil�ndingion as to pro��ctethin yourcr�questr, permit t3—necessary for the proposedthe two potential excavation scenarits �r�pe� first in-stance, -excess excavated material mould material would fie given away. is put to a use If no material cial t the povera1larea, project-and requirements,material reclamati-on _permit which is beneficial to the o would not be necessary. Given that the primary intent of the e-xaavabeon s not -the the sale of constructione ortedrfrom the site. However+a reclamation twe -cannot make this necessary if mat determination unless -specific local government approval _of the propo_set development assures reclamation of the excavated areas. This may include County approval of the Development Olin. Upon reclamation assuranc-e, we will make the finding that a permit from our office would not be necessary. Plea-se contact me if you -have questions or comments. Stncer°el y, Steven G. Renner Senior Reclamation Speciali-st SGRllac cc: Mike Boyd 900441 3701F 20'd r,2,SS 77. �aS dOI D aatimJtdd 1131M3H c :r,n Of:. T:•Ic.0 _0 of cot Afo 0�9, ROY ROMER iE� overnor iii �- O JERIS A. DANIELSON State Engineer #1876 * OFFICE OF T#iE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 April 12, 1990 Ms. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Hocking Special Review, URS-908 Secs. 20 & 29, T6N, R67W, 6TH PM Dear Ms. Curry: We have reviewed the above referenced proposal to develop a 13O.65 acre parcel into a water ski facility to include a 14.2 and a 19.6 acre lake, two single—family dwellings, and a clubhouse as well as maintaining agricultural production on a part of the land. Water will be required for domestic use, irrigation, and to replace evaporative losses from the newly created lakes. The anticipated quantities needed have not been identified. The 23097-F) proposed judiccatedrein oWater water CourtuCase Numberly are tW-43O4 and well water(rights fermit rom the B.H. Eaton Ditch and the Fossil Creek Reservoir. The applicant states that an application will be made to the Water Court. The lakes will be created by the extraction of gravel to create the lake beds. Senate Bill 120, effective July 15, 1989, requires that a well permit be obtained from this office for any open sand and gravel operation which exposes ground water to the atmosphere. We cannot recommend approval until the applicant obtains the required well permit and a -Water Court decree for a plan of augmentation to replace stream depletions caused by lake evaporation or a substitute water supply plan is approved t1y the State Engineer. Sincerely, cinema1e *gyp James R. Hall , P.E. Supervising Water Resources Engineer JRH/JTS:cIf/9720I cc: Alan Berryman, Division Engineer � � �W,51 Bruce DeBrine 900441 APR t 6 }gqp wai co. maroon, ,AndlIrvw., =,p i 1 4332 W. 9th St . Rd . DEPARTMENT OF Conservat iun r'eeley , CO 80634 AGRICULTURE Service f303i 356-6505 April 3 , 1950 R1ard of Supervisors '.Vest Gre.eley Soil Conservation District a= rt W. .nth St . r=d . Greeley , Cn 80f;34 Dear 'airs , I have reviewed the refferal for Weld Co . 0-apt . of Planning- Site Specific Development Plan and Special Review Permit for Randell Hocking and Phillip fastrotAI for Gravel Mining and P.eclamation for a recreation -facility in the A Agricultural zone . The Parcel of land is described as part of the N1 /2 of Section `9 , TEN , R57 W of the 5 th P .M. , Weld County , Colorado . The location of the parcel of land is south of and adjacent to the Town of Windsor- ; west of Weld County Road 17 , at the. unrest end of Weld County Road 66 . The proposal for gravel mining operation which rnrill a11oko for construt_tsion of two ponds rohich !•rill then used for a recreational lake for water skiing . Plans also indicate the ar-e ir�ad •t„}- t ,-G_ -_l around the la;_QS t�� be ` ifarmi—ng and enviromental plantings . There were no ns submitted indicating or showing the e;{_ r- P1gs y exact location far the �, grasses , trees ect . . It is difficult for us to plantings f evaluate the reclamation effort without more specific information on the reclamation actitivities , tree planting plans and enviriomental planting schedules . Before specific recommendations can be made , we wi l 1 ne , e sF,arlTlr site �d t� evaluate plans regarding tree locations , species , grass species for =nviromental plantings and locations .re Also r. e plans, forforr_ + M_ wish to review specific reclamation of the lake areas and a-djacent riparian zones . Sincerely , -� JCfr`�{ Ronald D . Hiller District Conservationist 900441 . 4 our of me oesor •*� p AA is i ° 391 WALNUT • WINDSOR, COLORADO 80559 TELEPHONE: (303) 686-7476 April 11 , 1990 Ms . Lane17 Curry Current Penner Weld Coun ,.y Department -of Planning Services 915 10th Street Greeley, CO 80-631 RE: Laku Landing CASE NUMBER DSR-908 Dear Lanell : The Windsor -Planning Commission met on April 5 , 1990 to consider the above mentioned Weld County Referral. After hearing testimony from Windsor citizens, the Planning Commission recommended by a unanimous vote that the Weld County Commissioners deny the application based on the Tewn of Windsor 's desire to annex the property. The Town of Windsor' s adopted Land Use Map indicates that this area be set aside for open space and recreational uses . If you have any questions or comments, please do not hesitate to give me a call . Sincerely, TOWN OF WINDSOR <1 ;Janet E. Lathrop , Assistant to the Administrator jel Ilrr I, I, 1� APR 1 5 1990 1 1 900441ST`, Sri th Hello