HomeMy WebLinkAbout20172138.tiffHEARING CERTIFICATION
DOCKET NO. 2017-52.B
RE: 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 - FARMERS RESERVOIR AND IRRIGATION
COMPANY, C/O HAVEN SPORTING CLUB
A public hearing was conducted on August 30, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated May 18, 2017, and duly published May 23,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Farmers
Reservoir and Irrigation Company, c/o Haven Sporting Club, for 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.
Bob Choate, Assistant County Attorney, made this a matter of record.
Ei Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the applicant was awarded a lease in October, 2016, by Farmers Reservoir
and Irrigation Company, hereafter referred to as FRICO, for surface use of Milton Reservoir and
surrounding lands. He explained the history of Milton Reservoir and the uses taking place that are
approved as Uses by Right and Accessory Uses and clarified that the application today is
proposing 150 fee -based campsites without hookups. Mr. Gathman described the locations of the
campsites and stated the applicant is also proposing a 2,000 -gallon fuel tank and a 500 -gallon
fuel tank. He explained the applicant's intent to offer limited seasonal storage of camping
equipment in the off-season, fencing to separate the campground from oil and gas, and to seed
native grasses for additional habitat which will be accessible for hunters during the winter. He
provided the location in relation to nearest residences, reviewed the access points and
requirements, to include a prior objection by adjacent property owner, Lonnie Ford, due to the
applicant crossing his private property for an access. Mr. Gathman explained that Mr. Ford
recently withdrew his objection. He stated the site is not located in the three (3) mile referral area
of any municipality and he reviewed the referral response from the Colorado Department of Parks
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and Wildlife and explained the applicant has been working with a wildlife consultant. Mr. Gathman
reviewed the correspondence and reported the applicant held a community meeting on June 1,
2017. He further indicated a letter had been received from the Bird Conservancy requesting
several regulations. He stated staff sent out 16 referrals, with nine (9) responses indicating no
concerns or with suggestions that have been reviewed. He pointed out no response was received
from the Town of LaSalle or Platte Valley Fire District. Mr. Gathman displayed images of the site
and surrounding views and entered the favorable recommendation of the Planning Commission
into the record as written. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed
FRICO's ownership of all eleven parcels.
• Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements to include a review of the proposed access points. He reported the
application for the Access Permit has not been approved due to ongoing issues with easements.
He provided the average daily traffic counts for the relevant County roads and stated tracking
control will be required and, if this application is approved, the Department of Public Works is
requesting a Condition of Approval be added to address the Access Permit and another be added
requiring an Improvements Agreement. In response to Chair Cozad, Mr. Pinkham clarified the
language regarding Access Permit procurement through Weld County.
• Hayley Balzano, Planning Services Engineer representative, stated the development is
excepted from the requirement of a drainage report and detention pond design due to the
uninterrupted connection to the FEMA delineated Zone A floodplain. She reviewed the relevant
Conditions and Development Standards related to engineering.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the applicant intends to operate the temporary campground from April through
Labor Day and due to the temporary use, portable toilets and bottled water are acceptable. He
reviewed the requirements related to self-contained sewage and fuel storage and stated
Development Standards (DS) #11-23 are pertinent Environmental Health items.
• Scott Edgar, applicant and General Manager of FRICO, provided an overview of FRICO's
large water system that provides both drinking and irrigation water and he reviewed the
shareholder interest and history of leasing reservoir sites, in general and particular to, Milton
Reservoir. Mr. Edgar explained the expired lease related to Milton Reservoir, the bidding process
and the awarding of the lease to Haven Sporting Club; hereafter referred to as Haven. He clarified
FRICO's operation as a reservoir is top priority and the lease with Haven has very stringent terms
to ensure the operation does not impact FRICO's ability to deliver water. He specified that Haven,
in turn, has very stringent terms for members and FRICO is in favor of the proposed use. He
stated Haven has demonstrated its commitment to hold members accountable to the rules and a
representative from FRICO has been on -site daily to oversee this. He further reported Haven's
efforts to significantly clean up and improve the site.
Derek Sowell, applicant and President of Haven Sporting Club, began by providing his
background in consulting, engineering, real estate, outdoors, emergency management, and
military service as a B-52 pilot currently serving in the Reserves. Mr. Sowell reviewed the
competitive lease process and his desire to find a piece of property that aligned his passion for
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the outdoors with the business prospect of providing a camping opportunity for families.
Mr. Sowell displayed a PowerPoint presentation and a video infomercial. He explained his
proposal of private membership in terms of benefits to children and families. Mr. Sowell described
the private membership application process as very extensive and the membership rules as
stringent. He provided a description of the condition of the property when he was awarded the
lease and the resulting difference he and the members have made since then to make it a
beautiful beach with large campsites, portable toilets, dumpsters, new fencing, boat launch area,
and floating docks. Mr. Sowell reasoned that the perception of notification regarding a new USR
seems to be predominantly negative as existing property owners are concerned about traffic,
noise, construction and general encroachment on their welfare. He stated he understands and
has tried to reassure the surrounding property owners that the proposed use is low impact, unlike
oil and gas or new construction. He explained his efforts to reach out to the neighbors through
invitation for inclusive membership, the community meeting, and meetings with prior lessors in an
attempt to display transparency regarding the positive aspects of the use. He cited positive
examples to include the many rules, strict quiet hours, care and concern regarding maintaining
wildlife, planting crops, investment in an environmental study to protect and preserve the natural
habitats, strict fire rules, no fireworks, support of first responders utilizing the lake for water rescue
exercises and he elaborated on the safety regarding no need to drink and drive with camping
available. In response to Commissioner Conway, Mr. Sowell elaborated on the hours and
equipment used to clean up the site consisting of many hours, months of six -man work teams,
heavy equipment to haul trash and debris off the site, and hours of literally cleaning up by picking
up sticks. In response to Commissioner Moreno, Mr. Sowell stated he is a certified positive water
prevention inspector ensuring every boat is inspected as an important part of protecting the
environment. He further explained that if members do not have their boats inspected and tagged,
it results in the immediate termination of membership. Mr. Sowell stated if rules are broken,
memberships are revoked. Mr. Edgar interjected FRICO has a Lake Tender employee who lives
on -site and visits the reservoir daily. In response to Commissioner Kirkmeyer, Mr. Gathman
provided more detailed maps by email to the Board.
Chair Cozad stated the Board will break over the lunch hour for scheduled commitments and
requested the speakers who cannot return after the lunch break to speak first.
Amber Davis, neighbor and member, stated her family assisted in the cleanup and take
pride in the results. She stated this membership is phenomenal compared to her prior experience.
Ms. Davis emphasized the benefits to her children and family and stated Mr. Sowell and the
members care about safety, wildlife, care of the campsites and grounds in general, roads,
maintenance, and there is always someone on -call for questions or concerns. She insisted most
of the traffic in the area is due to the County Road (CR) 49 construction. In response to
Commissioner Kirkmeyer, she stated she accesses off of CR 47.
Cyndi Thalman stated she is a member who lives in Fort Collins and works in Greeley, and
she cited the many benefits to her family, including her grandchildren, experienced at Haven to
include the work and the play and that it is important to create memories. Ms. Thalman stated she
believes because of this experience, her children and grandchildren will be better people.
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• Jeff Strizich, Parker resident and member, explained that he and his wife work too much and
that this membership has provided them a way to get away and enjoy family time. He described
the frustrations of trying to book at public campsites and boat at public lakes and that this
membership allows him to have access every weekend and creates ownership to maintain the
area. He concurred with the former speaker that creating memories is important. Mr. Strizich
expressed his appreciation to Haven for allowing his family to enjoy the outdoors and build a
sense of community with the other members.
• Sandy Adkins, surrounding property owner (SPO), stated she lives in neighboring Pelican
Lake Ranch and is concerned with Haven members trespassing on Pelican Lakes property and
creating a negative impact to the bird sanctuaries. She clarified she has no objection to the
camping, as long as they stay on their side. Ms. Adkins expressed her frustration with Pelican
Lake Ranch, as the previous lessor, being denied the authority to perform the final clean up. In
response to Chair Cozad, Ms. Adkins stated Pelican Lake Ranch no longer has access to the
reservoir and she listed the properties they do have access to and her desire to prevent
trespassing by those who have not paid membership. In response to Commissioner Kirkmeyer,
Ms. Adkins explained the potential access to Lake Christina and she suggested signage and on -
site policing to protect the bird sanctuary. In response to Chair Cozad, Ms. Adkins explained they
are discussing signage and explained they do have gates to discourage trespassing.
• Jane Evans Cornelius, SPO, pointed out her ranch on the map and expressed her objection
to the proposal and her frustration with the presentation. She submitted a petition of opposition to
the Board (Exhibit V) and explained it sounds like a race track when walking in her pasture and
she has already had issues with trespassing even though they have signage. Ms. Cornelius stated
the applicant mistakenly presented the area as an industrial wasteland and she proceeded to
describe the legitimate agricultural uses surrounding the reservoir and insisted that it is the
agriculture that makes money in Weld County, which is one of the largest agricultural producing
counties in the world. She expressed her frustration with almost being run off the road by the
driver of a large SUV pulling a large boat that was obviously impatient with following slow moving
farm equipment. She requested, if the application is approved, the Board protect the people who
make Weld County economically viable. In response to Commissioner Moreno, Ms. Cornelius
stated she has not engaged the applicant in conversation; however, she did recently receive a
very polite invitation to discuss her objections. In response to Commissioner Kirkmeyer, she
requested no ATVs or motorized vehicles, limit the allowable horsepower of boats, limit the
number of campsites, impose very strict fire restrictions, and prohibit trespassers. In response to
Commissioner Moreno, Ms. Cornelius explained the circumstances regarding cattle trespassing
on her property, which could have resulted in her losing her export permits.
Chair Cozad recessed the hearing at 11:52 a.m.
Chair Cozad reconvened the matter at 1:16 p.m. and invited those members of the public
wishing to speak to participate in this designated time of public input.
Bill Caldwell, SPO, stated he is a resident of Pelican Lakes Subdivision and a member of the
Homeowners Association Board, and he is also a member of the District #1 Board and he
expressed that he is very serious about what he is presenting today. Mr. Caldwell provided his
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background in structural engineering and reviewed the boundaries that the Colorado Division of
Parks and Wildlife is suggesting to preserve the colony nesting at Milton Reservoir. Mr. Caldwell
displayed a PowerPoint presentation (Exhibit K) to show the importance of not disturbing the west
side of the reservoir. He provided several photos and facts depicting the eagles' nests and pelican
colonies and how important it is to protect one of the largest nesting colonies in the state. Mr.
Caldwell requested the Board protect the colony nesting and asked for boundaries between the
two lakes. Lastly, he submitted a map of the bird colonies and nesting areas (Exhibit W).
Tami Arnold, SPO, stated she is the fourth generation raising the fifth generation on her land
and she regretfully approves the proposed use because she rejects the alternative of day use
only. Ms. Arnold requested restrictions to protect surrounding property owners to include a
full-time employee on -site at all times, strict fire restrictions, emergency services available, trash
control, no fuel tanks, and no camping on the west side to protect the bird sanctuary and
neighboring grazing pastures. She cited problems at the intersection of CR 43 and CR 42 and
stated the additional traffic will make this intersection more dangerous with big boats and
campers. Ms. Arnold stated the applicant effectively offended agriculturists by portraying a
beautiful part of the County as an ugly wasteland. She further requested the Board limit the
number of RVs and campsites, and again requested no camping on the west side. In response to
Commissioner Kirkmeyer, Ms. Arnold submitted her notes for the record (Exhibit X).
El Lonnie Ford, SPO, stated his land is bisected by CR 47 and the east entrance to the
proposed campsite goes through his land. He stated he is withdrawing his objection because the
traffic and dust are not as bad as anticipated for his property; and, he has been able to finalize an
agreement with FRICO regarding the access. Mr. Ford also provided testimony that the rules
appear to be followed because on July 4th, there were no fireworks coming from Milton Reservoir
and the people there were well behaved. He reiterated they have agreed on the access and he
needs to complete a Recorded Exemption (RE) to sell the property to FRICO with the access. In
response to Commissioner Kirkmeyer, Mr. Ford explained the access easement negotiations due
to losing six acres and the expense of a lawyer and that he and Mr. Edgar worked hard to come
to an agreement resulting in FRICO's purchase contingent on the RE. In response to Chair Cozad,
Mr. Gathman pointed out the six acres on the map. In response to Commissioner Kirkmeyer, Mr.
Pinkham stated there is no access permit for this location, and he further confirmed there is no
access permit for the oil and gas industry to access off of CR 47 through Mr. Ford's property.
El Carl Pellatz, SPO, stated he approves of commercial camping; however, it was used this
entire season without a permit. Mr. Pellatz stated he went kayaking before the lease changed
ownership and there was no trash and he expressed his suspicion that the trash was more related
to the gun club, rather than Pelican Lakes. He emphasized the wildlife has flourished while leased
to Pelican Lakes and he is concerned with protecting the eagles, pelicans and other species and
he asserted that this particular pelican colony is the largest of five nesting colonies and largest of
two breeding colonies in the state, and his desire is that a game warden be allowed to patrol and
protect these colonies.
El Roy Wardell, SPO, stated his ranch is within a mile of the reservoir. He provided his family
homesteading history and his grandfather's participation in building the dam to create the
reservoir. Mr. Wardell stated he is concerned about development and, as a shareholder of FRICO,
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asserted the campsites should be limited to 75, there should be no camping on the north or west
sides to protect the unique and native habitat, and there should be hard lines with buoys limiting
how close boats can get to the west side of the lake. Mr. Wardell expressed his disproval
regarding the lack of integrity to camp all summer without the proper permit, as this displays a
disrespect for the process. Lastly, Mr. Wardell cited concerns regarding improper use of firearms
on the site.
• Lavada Sarchet, SPO, stated she is concerned about the wildlife, as she has not seen deer
since Haven moved in. She testified she has lived there for 40 years and she does not want to be
disturbed. Ms. Sarchet further stated her concerns regarding the hunting aspect of this use and
declared the connection between the applicant and a current arrest for a hunting violation. She
asserted she was told by Haven there would be no ATVs and now it is evident they want to allow
them on -site. She is concerned about trash and debris and stated she cannot trust them to keep
their word.
• John Stewart, SPO, stated he lives in neighboring Pelican Lakes Subdivision and is also a
member of the Haven Sporting Club and he expressed his support for the campground.
Mr. Stewart testified that the boat dock was unusable until Haven got the lease and he expressed
his frustration over opposing comments regarding concerns related to trespassing and trash when
trespassing has been going on for years and the trash was worse before Haven took over. He
scoffed at calling Lake Christina a lake because you can throw a rock across it and it is only
10 feet deep. In response to Commissioner Kirkmeyer, Mr. Stewart stated supposedly they stock
Lake Christina with fish.
• Kim Buxbaum, Loveland resident and supporter of Haven, stated she understands farming
and agriculture as she grew up farming and she also sees the value in what Haven is trying to do.
She expressed appreciation for Haven providing her family with the opportunity to pass on the
land to the next generation, spend quality family time outdoors, and the opportunities for her
children to work to clean up the area and face their fears regarding catching fish or driving a boat.
Ms. Buxbaum emphasized the high price members pay for membership encourages them to care
for the campground.
• In response, Mr. Sowell stated his appreciation for the public input. He began by clarifying
the trash responsibility and reminded the Board that the prior lease was the responsibility of
Pelican Lakes Ranch regardless of who left the trash on -site. Mr. Sowell pointed out on the map
that in the short time they have had the lease, they have managed to clean up only a portion of
the trash. He addressed the concerns regarding camping proximity to the bird colonies and bald
eagles' nests and he pointed out the areas of prior use that came much closer to these wildlife
areas than what Haven has planned. Mr. Sowell emphasized his love for wildlife and stated he is
doing everything in his power to protect these designated areas. He testified that his members
are not the culprits of the trespassing issues and he explained the fencing in certain areas needs
replacing and he has invested to replace seven miles of fencing so far. He explained they planted
native grasses and removed a large number of cattle from the property to prevent tramping down
the new growth. In response to Commissioner Kirkmeyer, he stated the only cattle on -site are the
20 -pair belonging to the Lake Tender. Mr. Edgar interjected the explanation regarding the Lake
Tender being allowed 100 acres to have up to 20 -pair of cattle and the remaining pasture area is
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leased to Haven who had a sublease with a rancher who was grazing cattle and those cattle have
been removed. Mr. Edgar further provided testimony regarding the terms of the lease in relation
to why the prior lessor was not allowed to perform the final clean up. In response to Commissioner
Conway, Mr. Edgar explained the prior Lessor was billed for a portion of the clean up as part of
the terms for the prior lease.
• Mr. Sowell stated that Haven has made a huge investment to pay for the clean-up. In
response to Commissioner Conway, Mr. Sowell clarified he has not been involved with Pelican
Lakes regarding the prior lease. He emphasized he is providing a high -quality product for the
members that is very different than other clubs. He addressed the difficulty with having a full-time
employee at this point due to budget constraints; however, he explained the availability of the
water inspectors he employees to perform shift work on the weekends and stated staff is always
out there and that he tries to be out there every weekend. In response to Commissioner
Kirkmeyer, Mr. Frissell reviewed the septic requirements and restrictions.
• Mr. Sowell asserted his members manage themselves and care for the site. In response to
Commissioner Kirkmeyer, Mr. Sowell explained the shift worker schedules and stated they also
monitor for compliance. He further explained the pump -house on -site is for water only and the
proposed fuel tanks are for the members to refuel without having to leave the site. In response to
Commissioner Conway, Mr. Sowell reiterated the wildlife flourished even with the prior use. He
further explained the control measures regarding proposed "clamping," defined as luxury
camping, on the west side and the encroachment restrictions he has put in place to prevent
boating within 1,000 feet, no boat ramp in place due to shallow water levels, and he emphasized
his work with an environmental consultant to put these restrictions in place. In response to
Commissioner Moreno, Mr. Sowell explained the terrain in the clamping area is very difficult to
navigate due to softer soil conditions preventing vehicles other than ATVs to have access, which
is why he continues to request the use of ATVs. In response to Commissioner Conway, Mr. Sowell
explained the boats allowed are not speedboats and the maximum number of boats that have
been on the lake has been four (4) at one time. In response to Commissioner Moreno, Mr. Sowell
stated for 2,200 acres, 150 sites is very reasonable compared to competitive lakes. In response
to Commissioner Conway, Mr. Sowell explained that when rules are violated, memberships are
revoked at a cost of $5,000.00.
• In response to Commissioner Kirkmeyer, Mr. Sowell stated there is a fence line on the north
side and members are not allowed on the dam or behind the dam and there has not been an
issue regarding the boundaries. He further stated the only issue he is aware of is one incident
when cattle broke through the fencing and he stated he has the same issue with people
trespassing on his property. He insisted his members do not trespass because they understand
they will lose their membership. In further response to Commissioner Kirkmeyer regarding the
maximum number of people he would allow to access the site, Mr. Sowell explained that to date,
on the busiest holiday weekends, he has only had 20 vehicles per day as counted by the camera
on the gate. He explained the maximum number of guests per member is 20, and the maximum
number of memberships is 150; however, he ascertained it is unreasonable to assume there
would ever be 3,000 people on -site. He described the different levels of membership and that an
online reservation is required so he knows exactly how many people will be on -site for any given
weekend. Commissioner Kirkmeyer requested the applicant provide a maximum number he
would allow on -site at any one time. Chair Cozad agreed he needs to provide a maximum number
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before the case can move forward. Mr. Sowell asked for time to consult with his team to be able
to provide a number.
• Chair Cozad recessed the hearing at 2:48 p.m.
• Chair Cozad reconvened the matter at 2:56 p.m.
• In response to Chair Cozad, Mr. Sowell stated his maximum number of people on -site at any
one time will be 1,800 which represents less than one person per acre. In response to
Commissioner Kirkmeyer, he requested Development Standard (DS) #9 be removed which will
allow camping on the west side. In response to Commissioner Conway, He stated that DS was
added at Planning Commission and he requested it be removed. In response to Commissioner
Kirkmeyer, Mr. Sowell agreed to the limitations regarding no camping in relation to breeding pairs
of birds. He pointed out the location of the proposed fuel tanks as a convenience for boaters to
fuel on -site and he explained the fuel tanks will be double contained and safer than any
construction site. In response to Chair Cozad, Mr. Sowell clarified the pump house only pumps
water and Mr. Edgar clarified that FRICO has a lease and easement with Anadarko for multiple
uses to include that pump house location. In response to Commissioner Kirkmeyer, Mr. Sowell
stated there is no violation and he explained his business model proceeded parallel to the
application process. He further explained the primary access depends on which direction
members are traveling from.
• In response to Commissioner Kirkmeyer, Mr. Sowell stated the buildings referenced in DS
#8 are existing structures for the prior hunt club and this area will transition to Haven's hunt club.
In response to Chair Cozad, he confirmed they moved forward with memberships based on
starting the process for the USR to minimize traffic impacts to surrounding property owners.
In response to Commissioner Moreno, Mr. Sowell explained the rule regarding quiet hours
from 10:00 p.m. to 7:00 a.m.
• In response to Chair Cozad, Mr. Sowell requested the removal of DS #9. After further
discussion, the Board agreed to allow ATVs and to amend DS #9 to read, "The recreational use
of All Terrain Vehicles (ATVs) shall adhere to a speed limit of 20 MPH on internal roads and
10 MPH on designated paths."
Commissioner Kirkmeyer suggested adding the typical language requiring an Improvements
Agreement based on triggers and a requirement for a traffic narrative. Chair Cozad suggested
dust control requirements. The Board requested triggers be based on averages rather than high
use dates. Commissioner Kirkmeyer stated concern regarding traffic safety at the intersection of
CRs 32 and 43 and she would like to see a traffic study. Chair Cozad interjected the applicant
can do a traffic narrative signed by a traffic engineer, Mr. Pinkham agreed. Mr. Pinkham added
the concerns of the Department of Public Works are related to the increase of traffic on CR 49,
which has no turn lanes and can create an issue entering onto CR 34.5, which is a gravel road,
therefore, this intersection needs to be reviewed in the traffic narrative. He stated these
suggestions are based off of the testimony heard today. Chair Cozad disagreed there would ever
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be 1,800 people at one time and suggested a traffic narrative be completed and signed by an
engineer, and perhaps add dust abatement. She does not believe the information provided today
warrants an Improvements Agreement at this time. Commissioner Freeman agreed with the traffic
narrative; however, he feels traffic will be minimal due to camping.
Chair Cozad provided language for a new Condition of Approval (COA) #1.C that reads, "The
applicant shall provide a Traffic Narrative including, but not limited to, a review of the intersection
at County Roads 32 and 43, stamped and signed by an engineer. An Improvements and Road
Maintenance Agreement is required for off -site improvements at this location. Road maintenance
including, but not limited to, dust control, damage repair, specified haul routes and future traffic
triggers for improvements will be included."The Board agreed.
El Commissioner Kirkmeyer recommended deleting COA #1.D.11 and amending COA #1.D.12
to reflect multiple gates. The Board agreed to these changes. She further suggested a new
Condition (COA) #7 be added requiring an Emergency Management Plan and to use the typical
language, to read, "The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual
basis by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. The applicant shall submit evidence of acceptance to the Department of Planning
Services." She further recommended deleting DS #4, 5, and 6 and creating a single requirement
that covers these recommendations. After discussion with the Board, Counsel, staff and the
applicant, the new DS reads, "The applicant shall provide evidence to the Department of Planning
Services, annually, that they attempted to coordinate with Colorado Parks and Wildlife and shall
comply with state and federal rules and regulations concerning migratory birds."
El Commissioner Kirkmeyer suggested on DS #3 a change to ensure accessory equipment is
removed. After discussion with the Board, Counsel, staff and the applicant, the amended DS
reads, "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, and
recreational vehicles owned by members and guests of any Commercial Camping Club shall be
removed from the premises."
Commissioner Kirkmeyer recommended amending DS #5 to stipulate a maximum number
of 1,800 people on -site at any one time. The Board agreed. Chair Cozad suggested a new DS #4
to reflect the applicant's desired quiet hours from 10:00 a.m. to 7:00 a.m. Commissioner Freeman
requested the Board define "quiet hours." The Board agreed to instead amend DS #15 to read,
"This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone District, with the exception of the hours between 10:00 p.m. and 7:00 a.m., which shall be
subject to the noise levels allowed in the Residential Zone District, as delineated in
Section 25-12-103, C. R. S."
Chair Cozad recommended a DS reflecting a requirement to post signage with contact
information. The Board agreed to add it to DS #9, which reads, "Members/guests accessing the
campsites will use the approved access points as shown on the USR17-0012 map. Signage shall
be posted at the entrances to the site containing emergency contact information. No additional
accesses shall be utilized."
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01 Mr. Choate reminded the Board of their recommendation to add the requirement for an
Emergency Action Plan. Chair Cozad stated they already added a Condition of Approval and
agreed to a new DS #6 to read, "The property owner or operator shall provide written evidence of
an approved Emergency Action and Safety Plan on or before March 15th of any given year signed
by representatives for the Fire District and the Weld County Office of Emergency Management to
the Department of Planning Services." The Board agreed to the addition.
Chair Cozad reviewed the changes for the applicant.
In response to Chair Cozad, Mr. Edgar and Mr. Sowell indicated they have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Freeman moved to approve the request of Farmers Reservoir and Irrigation
Company, c/o Haven Sporting Club, for 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, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards as amended and entered into the record. The motion was seconded
by Commissioner Conway. Commissioner Kirkmeyer thanked the public and stated as
demonstrated by the changes the Board mitigated the impacts to surrounding property owners.
Commissioner Conway expressed his appreciation for the public and the applicant. Commissioner
Moreno echoed his fellow Commissioners and encouraged the applicant to be a good neighbor.
Chair Cozad concluded with her appreciation for the public and the applicant and reminded the
applicant to consider the agricultural surrounding property owners and to be a good neighbor.
(Clerk's Note: The findings of the Draft Resolution were modified following the hearing to reflect
the intent based on the revisions as detailed herein.)There being no further discussion, the motion
carried unanimously and the hearing was completed at 5:00 p.m.
2017-2138
PL2481
HEARING CERTIFICATION - FARMERS RESERVOIR AND IRRIGATION COMPANY, C/O
HAVEN SPORTING CLUB (USR17-0012)
PAGE 11
This Certification was approved on the 6th day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
WELQCOUNY, COLORP�DO
ATTEST: W.400(01) &ii ,
bide:Weld CountyClerkto the Board
BY.
Deputy Cl:1 k to he Boa
APP : V ' D AS,..T
- Count rA ttorney
Date of signature: 70/4S
Julie�C,�ozad, Chair
Steve Moreno, Pro-Tem
Sean
�P.Conway
�f 1 �`-If'4/u-e.
Mik Freeman
2017-2138
PL2481
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