HomeMy WebLinkAbout20172127.tiffPlanner:
C. Gathman
Case Number: USR17-0012
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: June 6, 2017
Applicant: Farmers Reservoir and Irrigation Company C/O Haven Sporting Club LLC (Derek
Sowell Managing Partner)
Address: P.O. Box 208, Kersey, CO 80644
Request:
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.
Legal Part of Sections 4, 9, 10, 11, 14, 15, 22 and 23, All In T3N, R65W Of The 6th P.M.,
Description: Weld County, Colorado
Location:
Approximately 180 Feet West of County Road 47, Approximately 360 Feet East of the
Intersection of County Road 32 And County Road 43 and Approximately 1,150 Feet
North of County Road 30.
Size of Parcel: +1- 2207 acres
Parcel No. 121304000022,
121309000017
121310000008
121310000019
121311000003
121310000021
121311000017
121314000001
121315000009
121322000006
121323000003
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works - Access, response dated January 26, 2017
> Weld County Department of Public Works, referral dated April 10, 2017
> Weld County Department of Planning Services - Engineer, referral dated April 18, 2017
> Department of Planning Services - Floodplain, referral dated March 29, 2017
> Weld County Department of Public Health and Environment, referral dated May 3, 2017
> Colorado Parks and Wildlife, referral dated April 20, 2017
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated March 23, 2017
▪ Weld County School District RE -1, referral dated March 27, 2017
▪ Weld County Sheriff's Office, referral dated April 6, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V
Weld County Department of Public Works - Access Permit
Weld County Department of Building Inspection
Platte Valley Fire Protection District
LaSalle Fire Protection District
Farmer's Irrigation Ditch and Reservoir Company
Platte Valley Soil Conservation District
Department of the Army - Corps of Engineers
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
Planner:
Case Number: USR17-0012
Applicant:
Address:
C. Gathman
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: June 6, 2017
Farmer's Reservoir and Irrigation Company CIO Haven Sporting Club (Derek Sowell
Managing Partner)
P.O. Box 208, Kersey, CO 80644
Request: 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.
Legal
Description: County, Colorado
Part of sections 4, 9, 10, 11, 14, 15, 22 and 23, All In T3N, R65W Of The 6th P.M., Weld
Location: 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.
Size of Parcel: +/- 2207 acres
Case Summary:
Parcel No. 121304000022
121309000017
121310000008
121310000019
121311000003
121310000021
121311000017
121314000001
121315000009
121322000006
121323000003
Haven Sporting Club LLC was awarded a lease by the Farmer's Reservoir and Irrigation Company for
surface use of Milton Reservoir and surrounding land in October 2016. Members of the Haven Sporting
Club will pay dues allowing them to utilize the site. Activities proposed to be conducted by the Haven
Sporting Club are hunting, bird watching, camping, and waterskiing. The application also indicated that a
shooting range for rifles, pistols and handguns has been operated on the site. However, this has never
been documented/established as an allowed use through a USR nor has it been documented as a
nonconforming use. A shooting range is not a part of this permit application. Hunting and fishing are
currently allowed as an Accessory Use in the Agricultural Zone District and do not need to be approved
under this permit. Additionally, water skiing on a (fee) commercial basis is allowed as an accessory use in
the Agricultural Zone District as long as it is not on a lake constructed specifically for the purpose of
conducting a water skiing enterprise. Staff has researched the history of Milton Reservoir and Milton
Reservoir was originally constructed in 1912 for irrigation purposes. Therefore water skiing does not
require a Use by Special Review Permit in this location.
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
Camping on a fee basis (commercial camping) requires a Use by Special Review Permit. The applicant is
applying for a total of one -hundred fifty (150) camping spaces along the eastern shore and a portion of
the northern shore of Milton Reservoir. No hookups for campers/RVs will be provided. Because camping
will be limited to a period of less than six (6) months every year, portable toilets (no permanent toilet
facilities) will be provided. A 2,000 gallon fuel tank and 500 gallon fuel tank is proposed along the NE side
of the reservoir in close proximity to an existing 2,500 square foot oil and gas pump house. The applicant
has indicated that there will also be limited seasonal storage of camping equipment during the off season.
The applicant has indicated that the access road will be fenced on the east side (to separate the camping
area along the lake from existing oil and gas improvements on the property and areas to be seeded in
native grasses to serve as habitat for birds and animals). In my conversations with the applicant the areas
to be seeded in native grasses for birds and animals would be accessible by hunters in the winter season.
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 Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff 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.
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
• No human encroachment or disturbance within a 1/3 mile radius of white pelican breeding
colony between April and August.
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.
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
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?
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.
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
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.
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 Department of Planning Services' staff 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
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
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)
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
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
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
maps@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)
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Farmer's Reservoir and Irrigation Company C/O 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. 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)
10. 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)
11. 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)
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
12. 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)
13. 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)
14. 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)
15. 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)
16. 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)
17. 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)
18. RV units that have self-contained sewage disposal, shall dispose of sewage at an approved off -site
facility. (Department of Public Health and Environment)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. The property owner shall control noxious weeds on the site. (Department of Public Works)
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
25. 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)
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
27. 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)
28. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
29. 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)
30. 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)
31. 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)
32. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
35. 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.
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
36. 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.
37. 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.
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
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.
USR17-0012 - FARMER'S RESERVOIR & IRRIGATION
May 9, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
Derek Sowell
PO Box 208
Kersey, CO 80644
Subject: USR17-0012 - 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.
On parcel(s) of land described as:
PART OF THE N2 SECTION 10 AND PART OF SECTIONS 11, 14, 15, 22 AND 23, ALL IN T3N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 6, 2017, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 19, 2017 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplannIngcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
1
March 23, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
DEREK SOWELL
PO BOX 208
KERSEY, CO 80644
Subject: USR17-0012 - 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.
On parcel(s) of land described as:
PART OF THE N2 SECTION 10 AND PART OF SECTIONS 11, 14, 15, 22, AND 23, ALL IN T3N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
FIELD CHECK inspection dates: 5/24/2017
APPLICANT: Farmer's Reservoir and Irrigation Company CIO Haven Sporting Club (Derek Sowell
Managing Partner)
CASE #: USR17-0012
REQUEST: 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.
LEGAL: Part of Sections 4, 9, 10, 11, 14, 15, 22 and 23, All in T3N, R65W Of The 6th P.M., Weld
County, Colorado
LOCATION: 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.
PARCEL ID #s: 121304000022, 121309000017, 121310000008, 121310000019, 121311000003,
121310000021, 121311000017, 121314000001, 121315000009, 121322000006 & 121323000003
ACRES:
+/- 2207 acres
Zoning
Land Use
N
A
N
Recreational facility (Beebe Draw)
E
A
E
SF residences on rural lots
S
A
S
SF residences on rural lots
W
A
W
SF residence on rural lot, Beebe Draw Subdivision
(approximately 1/2 mile east of platted subdivision)
COMMENTS:
Existing reservoir and dam. Oil and gas improvements in several locations in and around the reservoir.
va
Chris Gathman - Planner III
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