HomeMy WebLinkAbout20172126.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0012
R 17-0012
FARMERS RES & IRRIGATION COMPANY
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR RECREATIONAL FACILITIES AND USES INCLUDING PUBLIC OR
COMMERCIAL CAMPING (150 SEASONAL CAMPING SITES) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
PART OF SECTIONS 4, 9. 10, 11, 14, 15, 22 AND 23, ALL IN T3N, R65W OF THE
6T" P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 180 FEET WEST OF CR 47, APPROXIMATELY 360 FEET
EAST OF THE INTERSECTION OF COUNTY ROAD 32 AND COUNTY ROAD 43
AND APPROXIMATELY 1,150 FEET NORTH OF CR 30.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20 15 A.Policy 9.5. Applications for a change of land use in the agricultural areas
should be reviewed in accordance with all potential impacts to surrounding properties and referral
agencies.
Referral comments and conditions and impacts to surrounding properties are addressed through
the attached conditions of approval and development standards.
Section 22-5-30 A W.Goal 1. New development should be located and designed to conserve critical
ecosystem components, including wetlands, significant wildlife habitats and migration corridors.
Significant wildlife habitat is defined as a geographical area containing existing or migrating wildlife
and a combination of the essential elements of food, water, cover and space in quantities sufficient to
support appropriate wildlife.
Colorado Parks and Wildlife, in their referral dated April 20, 2017 had a number of recommendations
including:
• Ground -breaking construction does not occur between March 15 and October 31 when burrowing
owls may be present.
• Noxious weed and re -vegetation management plans are developed and implemented in areas
where there will be ground disturbance due to construction activities.
• No surface occupancy within a 1/3 mile radius of active red-tailed hawk nests. Establish a
seasonal restriction to human encroachment within a 1/3 mile radius of active nests from
February 15 through July 15.
• No human encroachment or disturbance within 0.5 mile of any active bald eagle nest site from
November 15 to July 31 of each year.
• No surface occupancy within 0.25 mile of any active bald eagle winter night roost or human
encroachment or disturbance within 0.5 mile of any eagle winter roost site from November 15 to
February 28 of each year.
• Conduct bald eagle night roost surveys between November 15 and March 15 to assess winter
concentration areas and avoid disturbing bald eagles during construction.
• No human encroachment or disturbance within a 1/3 mile radius of white pelican breeding colony
between April and August.
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RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 2
Section 22-5-30 A W.Policy 1.2. Conflicts with fish and wildlife habitats and migration routes should be
considered in land development. Developments adjacent to rivers and streams, waterfowl areas and
important or critical wildlife areas should incorporate reduced densities, adequate setbacks and
buffered areas.
A condition of approval requiring the applicant to address the recommendations of Colorado Parks
and Wildlife and conditions of approval outlining setbacks from active breeding pairs (Bald Eagles,
Red -Tailed Hawks and Pelicans) have been included.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Section 23-3-40.C.7 allows Recreational facilities and Uses including public or commercial
camping (150 seasonal camping sites) as a Use by Special Review in the A (Agricultural) Zone
District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
Three (3) letters have been received from an adjacent property owner to the south, from the manager
from REI LLC, declarant for Beebe Draw Farms Authority and Beebe Draw Farms District No. 2 and
declarant for the Pelican Lake Ranch Subdivision (located to the north and west of the site) and a
letter on behalf of land owners located to the south of the site (John Moser, Morwai Dairy and West
Moser Inc.). Concerns outlined in these letters include:
1) Opposition to access to the site through the Pelican Lakes subdivision
2) Access through land owned by REI, LLC is not allowed unless an easement agreement is
reached by both parties for its use.
3) Access to property owned by Beebe Draw Farms Facility is not allowed.
4) Traffic — with guests... far more than 150 cars/vehicles will be accessing the site. The potential
for traffic congestion should be planned for and addressed for this use and for any potential
future expansions.
5) How will the applicant address reclamation (re -seeding...) when the use ceases?
6) Where will people park?
7) How many guests will people be allowed to have?
8) Noise concerns and potential impact on wildlife
9) Concerns re: not having a full-time employee/manager on site to supervise
10) Where will fuel tanks be located?
11) What improvements (fences, gates...) are proposed for the camp sites?
12) Need to know what type and where new or repaired fencing will be adjacent to REI, LLC and
Beebe Draw Farms Authority to the north to prevent trespassing of cows and people onto these
properties.
13) Concerns about the potential for fires (from campfires...)
14) Impacts to wildlife (due to noise...)
15) Concerns regarding the potential for trespassing.
16) How will trash/littering be addressed?
RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 3
Additionally, two (2) letters of support have been received. These letters have expressed support for:
1) Applicants efforts to remove trash and debris around the lake, providing recreational
opportunities.
2) Providing recreational opportunities for property owners near the reservoir (along with others).
3) Boats on the water will increase turbulence and improve water quality.
4) The irmprovements on the property will assist with rodent control for surrounding farmers and
property owners.
The applicant has a number of regulations that members using the site must adhere to
(including restricting fires to designated fire pits, regulating speed of boats on the lake...)
Several Conditions of Approval and Development Standards are proposed to address impacts
to wildlife. Camping setbacks from breeding pairs of Eagles, Red-tailed Hawks and Pelicans (in
the event that this situation occurs) addressing the recommendations of Colorado Parks and
Wildlife as stated in their April 20, 2017 referral.
The applicant has submitted a revised access permit limiting the number of accesses to one (1)
access point on the west side of the lake (off of County Road 32 right-of-way) and two (2)
access points on the east side of the lake. These access points do not directly border County
Road 47. A Condition of Approval is attached requiring the applicant to provide proof of legal
access off of County Road 47 as a Condition of Approval of this application prior to recording
the USR map.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The proposed USR site is not located within 3 mile referral area of any municipality nor within the
boundaries of an existing Cooperative Planning Agreement area.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
A portion of the site (bordering the lake is located within the 100 -year floodplain. Any development
within the floodplain will require a flood hazard development permit. This is delineated as a condition
of approval of this USR.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The majority of the land proposed for the USR is delineated as "Other" according to the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. Approximately 102 acre is
delineated as "Prime if Irrigated" along the east side of Milton Reservoir and approximately 9.5 acres
is delineated as "Irrigated land (Non Prime)". The areas delineated as "Prime if Irrigated" are not
currently in crop production.
RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 4
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. Any improvements, grading, paving, new construction, etc. in the floodplain requires a Flood Hazard
Development Permit. (Department of Planning Services - Floodplain)
B. The applicant shall address the requirements of Colorado Parks and Wildlife as stated in their
referral received April 20, 2017. (Colorado Parks and Wildlife)
C. The applicant shall provide evidence of legal access into the USR site. Evidence of an access
easement, agreement, court order or other acceptable documentation providing proof of access off of
County Road 47 into the USR site shall be provided for review and approval by the Department of
Planning Services. (Department of Planning Services, Department of Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0012. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
5. County Road 47 is a gravel road and is designated on the Weld County Road Classification
Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County. (Department of Public Works)
6. County Road 43 is a paved road and is designated on the Weld County Road Classification
Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
7. County Road 32 is a paved road and is designated on the Weld County Road Classification
Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 5
8. County Road 49 is designated on the Weld County Classification plan as an arterial road which
typically requires 140 feet of right-of-way at full build out. Weld County is currently in the
process of widening this corridor. The alignment of the road widening project varies along the
section line for the corridor. Contact Public Works for the location of the existing and future right
of way and easements and delineate these on the site plan. (Department of Public Works)
9. County Road 32 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
10. Show and label the approved access(es) along with the approved Access Permit number(s),
and the appropriate turning radii on the site plan. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public Works)
12. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Services)
13. Show and label the section line Right -of -Way as "CR 32 Section Line Right of Way, not County
maintained". (Department of Public Works)
14. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
15. Show and label the parking. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to napsia?co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
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RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 6
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage
Absent
Bruce Johnson
Cherilyn Barringer
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 6, 2017.
Dated the 6th of June, 2017
‘64.66-1 ?44.41fruiru
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Farmer's Reservoir and Irrigation Company CIO Haven Sporting Club, LLC
USR17-0012
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0012, for Recreational
facilities and Uses including public or commercial camping (150 seasonal camping sites) in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. Camping will be allowed from April 1St through the first Monday after Labor Day in September of any
calendar year. At the end of the camping season, all boats, campers, docks, shelters, portable fire pits,
picnic tables and similar recreational equipment owned by members and guests of Haven Sporting Club
shall be removed from the premises and/or placed in designated storage areas. (Department of Planning
Services)
4. In the event breeding pairs are substantiated by Colorado Parks and Wildlife, there will be no camping nor
the construction of an a physical object (gas tanks and associated encumbrances) within a distance of
one-half mile radius of any active bald eagle nest site from November 15 through July 31 of any given year
based on State Guidelines. (Colorado Parks and Wildlife)
5. In the event breeding pairs are substantiated by Colorado Parks and Wildlife, there will be no camping nor
the construction of a physical object (gas tanks and associated encumbrances) within a distance of one-
third mile radius of any active red-tailed hawk nests from February 15 through July 15 based on State
Guidelines. (Colorado Parks and Wildlife)
6. In the event breeding pairs are substantiated by Colorado Parks and Wildlife, there will be no camping nor
the construction of a physical object (gas tanks and associated encumbrances) within a distance of one-
third mile radius of a white pelican breeding colony between April and August based on State Guidelines.
(Colorado Parks and Wildlife)
7. The maximum number of campsites will be one -hundred fifty (150) and will be limited to Haven Sporting
Club members and their guests. (Department of Planning Services)
8. Twelve (12) mobile/semi-permanent dwellings located on the west side of Milton Reservoir, located
approximately 1,300 feet north of County Road 32, have been designated as a Nonconforming Use under
case number NCU12-0007. These buildings/structures are subject to the requirements of Chapter 23,
Article VII, of the Weld County Code. (Department of Planning Services)
9. There shall be no use of All Terrain Vehicles (ATVs) by any recreational user of the property. (Department
of Planning Services)
10. Members/guests accessing the campsites will use the approved access points as shown on the USR17-
0012 map. No additional accesses shall be utilized. (Department of Planning Services, Department of
Public Works)
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
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RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 8
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
14. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility, at all
times. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
17. In the event the facility installs a water system and that water system serves more 25 persons on a daily
basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-
1). (Department of Public Health and Environment)
18. For 10 or less customers or visitors per day, 2 or less full time employees on site, or temporary use (under
6 months a year) portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
19. RV units that have self-contained sewage disposal, shall dispose of sewage at an approved off -site
facility. (Department of Public Health and Environment)
20. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site. (Department of Public Health and Environment)
21. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
22. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be inspected
at regular intervals and maintained in good condition. All secondary containment will comply with the Rule
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public
Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
24. If any work associated with this project requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent in the waters of the
United States which may include streams open water lakes, ponds or wetlands at this location, the
applicant shall obtain a Department of Army, 404 Clean Water Act Permit. (Department of Planning
Services)
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RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 9
25. The property owner shall control noxious weeds on the site. (Department of Public Works)
26. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
27. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
28. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
29. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
30. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1935E effective date January 20, 2016 (Milton Reservoir Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
31. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
32. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
33. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
34. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
35. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
36. 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.
RESOLUTION USR17-0012
FARMERS RES & IRRIGATION COMPANY
PAGE 10
37. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
38. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
PPC, M;u&s
G-
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 6, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Bruce Johnson, Cherilyn Barringer.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell,
Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the May 16, 2017 Weld County Planning Commission minutes, Moved by Terry Cross,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0012
FARMERS RES & IRRIGATION COMPANY
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR RECREATIONAL FACILITIES AND USES INCLUDING PUBLIC
OR COMMERCIAL CAMPING (150 SEASONAL CAMPING SITES) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
PART OF SECTIONS 4, 9, 10, 11, 14, 15, 22 AND 23, ALL IN T3N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 180 FEET WEST OF CR 47, APPROXIMATELY 360 FEET
EAST OF THE INTERSECTION OF COUNTY ROAD 32 AND COUNTY ROAD 43
AND APPROXIMATELY 1,150 FEET NORTH OF CR 30.
Chris Gathman, Planning Services, presented Case USR17-0012, reading the recommendation and
comments into the record. Mr. Gathman noted that a number of letters were received both in support of
and in opposition of the project. Some of the concerns in the letters were in regard to opposition to
accessing the site through the Pelican Lakes Subdivision, access through REI LLC is not allowed unless
an easement agreement is reached by both parties for its use, access to the property owned by Beebe
Draw is not allowed, traffic, noise, potential impacts to wildlife, not have an onsite employee/manager, and
potential trespassing. The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Derek Sowell, 1011 37th Avenue Court, Greeley, Colorado, said that there is huge growth of the expansion
of the city and loss of agricultural land. In 2016 they were awarded the bid for using the lake for recreational
uses. He added that they are proposing fishing, water skiing, paddle boarding, water sports, children
activities and nature exploration and camping. Mr. Sowell provided photos and a video to show the Planning
Commission of the clean-up and changes they made to the Milton Reservoir.
Mr. Sowell said that they hosted a neighborhood meeting. He said that the concerns were traffic, noise and
construction. He said that they take protection of their wildlife very seriously and intend to plant natural
grasses and milo/millet corn and attract that wildlife. He added that they have invested in an extensive
Environmental Assessment to ensure that their activities will not impact any of the species on the property.
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Commissioner Wailes asked about the terms of the lease. Mr. Sowell replied that they have a 10 year
lease.
Commissioner Smock asked where all the water comes from. Scott Edgar, General Manager of Farmer's
Reservoir and Irrigation Company (FRICO), said that there are a number of terms in the lease that FRICO
could revoke the lease from Haven Sporting Club. Mr. Edgar replied to Ms. Smock's inquiry and said that
FRICO owns 400 miles of canals and four large reservoirs in this part of the State. He added that the Milton
Reservoir has a 1909 priority right to fill the lake and another for direct irrigation out of the lake.
Commissioner Sparrow clarified if agriculture has the priority. Mr. Edgar replied yes.
Mr. Edgar said that they divert the water from the South Platte River just north of Ft. Lupton and is a 22
mile canal.
The Chair called a recess at 5:46 pm and reconvened the hearing at 6:00 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jeff Strizich, 8598 North Pioneer Trail Road, Parker Colorado, spoke in support of the application and said
that he enjoys the hunting, fishing, camping and outdoor activities and wants to expose his family to these
activities as well.
Chad Buxbaum, 17879 Frontier Road, Mead, Colorado, stated that he is a member of Haven. He said that
the amount of people moving into Colorado is incredible. He said that he invested into Haven so that he
knows he has a place to go to for outdoor activities rather than having to make reservations at another
location. He added that that he helped clean up the trash and debris on site.
John Stewart, 16479 Burghley Court, Platteville, Colorado, stated that he has a beautiful view of the lake
from his residence and is also a member of Haven. He added that when he is at the lake he can hardly
see any houses from the subdivisions. He said that if this permit isn't approved and camping is not allowed
then Mr. Sowell would have no choice but to try and do some day camping and added that he can't imagine
the people going in and out and all the trash that would be generated.
Jane Evans Cornelius, 1800 CR 43, LaSalle, Colorado, stated that she provided an objection letter for the
record. She is a landowner near the subject site and said that they have a cattle operation where they ship
bull semen all over the world. She added that the irresponsibility and poor business practices of Haven
have jeopardized their export permits. She said that they sublet land for cow grazing which came through
their fences and asked that the cattle be removed. She expressed concern regarding the threat for wild fire
from the camp sites and people trespassing her property to access the site.
Karrie Green, 15114 CR 47, LaSalle, Colorado, stated that she enjoys the view of the lake and added that
she is also a member of Haven.
Andrew Capra, 53625 ? Street, Aurora, Colorado, echoed many of the comments about the clean up of the
property. He added that he has helped with the clean-up improvements to the facility. He said that there
are not enough public lakes available for the amount of population that has grown. This facility gives them
the ability to camp and have this lifestyle.
Lonnie Ford, 16299 CR 49, LaSalle, Colorado, stated that one of the facility's main access points crosses
his land. He said it is a great deal for camping and the applicants have made great improvements. He
added that without cell service he is concerned with how that affects fire response. Mr. Ford said that he
would have appreciated the applicants talking to him about access to the site from his land. He expressed
concern with congestion of traffic and drinking.
Dianne Norgren, 14588 CR 43, stated that she lives on the west side of Milton Reservoir. She said one of
the access points to the facility is at County Roads 32 and 43 and that is against their north fence line and
they do have cattle. She added that it is a very narrow fence line as far as the entryway and she said that
they have had to repair that fence on a quarterly basis because people cannot make that turn. Mr. Nogren
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said that Mr. Sowell stated this access would not be used except during the fall for hunting purposes;
however she expressed concern with ATV use along their fence line to the north, traffic, trash, fence
maintenance, hunting dogs, and fire. She said that there needs to be safeguards in place for these uses.
Tammy Arnold, stated that she is speaking for her grandparents, Bill and Marge Frank, 14782 CR 43. She
said that they have cattle and is concerned how their rights to agricultural land are impacted. She expressed
concern about fire and asked who to contact for emergency services. She is also concerned with traffic
and going excessive speeds (especially at the intersection of County Roads 32 and 43), firearm use on the
property, noise and music from the boats.
Lavada Sarchet, 21581 CR 30, stated that she lives south on the very edge of Milton Reservoir and owns
120 acres. She is concerned with how they will put 150 campsites there as the lake is not big enough to
support that. She is also afraid the wildlife will disappear.
Christine Hethcock, Developer for Pelican Lake Ranch, said that they are concerned with the fences that
will be needed to ensure that the Haven Sporting Club does not trespass onto the Bebee Draw Farms
Authority property, which is the Pelican Lake Ranch open space. Ms. Hethcock said it is a significant impact
with having up to 1000 people there on a holiday in a small area. She said that water quality is a concern
with Milton Reservoir as up until recently there was too high a pH for human contact and they were not able
to do any swimming for health and safety issues and said the water should be tested on a regular basis.
Additionally, she said she was told that there would be an onsite manager; however in the application they
are not going to offer any onsite management.
Bill Caldwell, 16497 South Ladyard Road S, Platteville, Colorado, stated that he is a member of the Pelican
Lakes Ranch and said that he enjoys the eagles, raptors, redtail hawks and the pelicans out there. He said
that the past 30 years there has been a 5 horsepower restriction on the lake. He expressed concern and
wants to ensure that the wildlife are taken care of and not forced out of their homes.
Carl Pellatz, 16503 Badminton Road, stated that he lives in the Pelican Lake Ranch area. He said that he
is concerned with increasing the public entrance into an oil and gas operations area and asked if they are
adequately protected and what safety precautions will they have. Consideration should be given that ties
the findings of the Environmental Assessment done previously for Beebe Draw for use of Milton Reservoir
to this camping USR.
Mr. Sowell understands the concern for fire safety as he was a volunteer firefighter and they have fire safety
rules that the campers will need to be compliant with.
Mr. Sowell referred to the comments of cows getting out and said that when they cleaned up the property
the fences were in bad shape and they have replaced seven (7) miles of fence line.
Mr. Sowell said that traffic was a concern and said that he has installed cameras on every gate and added
that they tracked every gate and it averaged six (6) guests per day. They have a traffic report over the
busiest weekend (Memorial Weekend) and broke it out for guest traffic and oil and gas traffic. The average
guest traffic was 20.57 vehicles and the average oil and gas daily traffic was 20.42 vehicles per day.
He said that the lake is tested twice per month for water quality.
Commissioner Jemiola asked if boy scouts and girl scouts are members. Mr. Sowell said that they have
private memberships but added that they would like to have nature courses out there for those groups.
Mr. Edgar said that FRICO spends about $70,000 per year on a water quality program. He added that the
5 horsepower restriction was from a previous lease and FRICO imposed for that tenant. After that lease
expired they evaluated if there were better and higher uses for the property so they put out those proposals
and Haven was awarded that proposal.
Mr. Sowell added that every time their members go in and out they are required to have their boat inspected.
Commissioner Cope referred to Development Standards 4. 5 and 6 and asked how he will he will control
separation of one-half mile in the event there are breeding pairs of animals present on site. Mr. Sowell
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provided a handout on the request of removing Development Standards 4, 5 and 6. He said that the existing
traffic has not impacted the bald eagles and wildlife in the area. He said that they want to ensure the safety
of wildlife and the camping is for people to see the wildlife and nature. Mr. Edgar added that he has been
working with FRICO's Environmental Consultant on the Site Specific Assessment for the birds on the west
side of Milton Lake. He said that it is a site specific review relative to this issue by Colorado Parks and
Wildlife to determine what impact might occur from camping as part of this USR process. He added that
he expects to receive it before the Board of County Commissioner hearing in July.
Commissioner Cope asked if they are willing to not have ATVs on site. Mr. Sowell said that they could
include no ATVs for their members and added that FRICO employees utilize ATVs to get around on the
property.
Commissioner Wailes said that it is too premature for them to make a decision with regard to removing
Development Standards 4, 5 and 6. He added that he believes the Board of County Commissioners can
make a determination after receiving the environmental assessment.
Commissioner Wailes referred to Mr. Ford's access and asked if that has been resolved. Mr. Edgar said
that he has offered to purchase Mr. Ford's property on the west side of County Road 47. He added that
FRICO has operated for many, many years as if it were their property and only learned that through this
process it was not their property. He said that they are working through that process to get it resolved.
Commissioner Cope said that he would like to see a development standard prohibiting the use of ATVs by
the members. Bob Choate, County Attorney, suggested the following language "There shall be no use of
All Terrain Vehicles (ATVs) by any recreational user of the property".
Motion: Add Development Standard as stated by Staff, Moved by Tom Cope, Seconded by Jordan
Jemiola.
Commissioner Stille said that if there are boats making noise he would prefer allowing Haven to have ATVs
and regulate those activities.
Commissioner Smock agreed with Mr. Cope as there was a lot of the ranchers in the area that have had
trouble with going through fences.
Commissioner Sparrow added that the ATVs will destroy the grass on the property.
Mr. Sowell said that he currently does not allow his members to have ATVs.
The Chair called for the Vote.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
No: Bruce Sparrow, Gene Stille.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Commissioner Cope said that he feels there is a need for this and it appears that the applicants will operate
it well. He added, however, that they want to make sure that if this operation disappears they have the
precautions in place.
Commissioner Wailes feels that it is a great idea and it will be structured in a way that will be good for
everybody. He cautioned the members of Haven that you are coming into a community that is going to be
pretty territorial about what they have, and with good right.
Commissioner Smock commended the applicants on their great presentation. She noted that the there
were not many letters submitted from people in Weld County in favor of the project and was concerned by
this. She added that we don't want to forget the lifestyle of the ranches and property owners surrounding
this lake.
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Commissioner Cross encouraged the applicants to be the good neighbor that they said they will be.
Commissioner Jemiola said that agriculture in Weld County is a priority and the farmers and ranchers are
critical to the County. He commended the applicants on the clean-up of the property.
Motion: Forward Case USR17-0012 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 7:55 pm.
Respectfully submitted,
t?aeld.gfK,
Kristine Ranslem
Secretary
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