THE DOW LAW FIRM, LLC ATTORNEYS AND COUNSELORS AT LAW

TIMOTHY J. DOW, MBA, JD PATRICIA T. DOW, CPA, JD, LLM*

P.O. BOX 1578 FORT COLLINS, COLORADO 80522-1578 (970) 498-9900

# 5 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE FORT COLLINS, COLORADO 80524

FAX: (970) 498-9966 E-MAIL: [email protected]

* ALSO ADMITTED TO PRACTICE LAW IN NEBRASKA

MAYO SOMMERMEYER, LLC OF COUNSEL

August 11, 2017 Via Email: [email protected]; [email protected] Col. Robert Terry Gilbert, Community Development Division Director Rob Helmick, Senior Planner Larimer County Planning Department P.O. Box 1190 Fort Collins, CO 80522 RE:

Orange Skies Free Fall Skydiving Center (17-ZONE2206)

Dear Messrs. Gilbert and Helmick: This firm represents WRCC, Inc., f/k/a Windsor Reservoir & Canal Company (“WRCC”). WRCC owns and operates Cobb Lake. For many years, WRCC has leased the surface recreational rights and parts of the shoreline area to Cobb Lake Preservation and Recreation Association (“CLPRA”). This Lease has been a tremendous asset for both WRCC and the Members of CLPRA, which include homeowners on the east side of Cobb Lake, as well as The Hill at Cobb Lake. A significant consideration regarding the Lease is that it provides for a wakeless, nonmotorized boating, with the intent to preserve the peace and tranquility of this area and to preserve wildlife and important habitat. The Project Description which was apparently prepared by the Applicant, Michael Bohn, is inaccurate. In the Review Criteria, the Applicant states that the proposed operation “falls under the nonconforming use of an airport and closely resembles multiple businesses that have operated from the property in the past….” The Applicant also states that he has been in contact with surrounding property owners and that “the majority” of them “are in support of the proposed skydiving operation.” That is false. Virtually every property owner who has learned about this strongly opposes the Application. There have not been “multiple businesses” operating from this property. Many years ago, part of this property was used by Buzz Tapley for his crop spraying operation (with one airplane). That was before the development of The Hill. The old hangars are being used for storage, not for any type of airport operations.

The proposed project would be terrible for the surrounding property owners and would significantly diminish the peace, tranquility and quality of life which many people have worked for years to establish. The proposed use is totally incompatible with the surrounding neighborhood. The following constitute additional reasons why this Application should be denied:        

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The proposed use is extremely intensive—up to 2,200 flights per year, including up to 150 flights on Saturdays and Sundays. The proposed aircraft is extremely noisy. There is a powerline at the north end of the property which poses an obvious danger to small aircraft. The north/south dirt/grass strip is unsafe for a commercial aircraft operation carrying numerous passengers. The north/south layout of the “runway” is unsafe due to prevailing winds in the area coming mainly from the west causing crosswinds. This proposed intense use would cause irreparable damage to the birds, other wildlife and the natural habitat of the area. There is an unacceptable liability for WRCC in that skydivers could fall into Cobb Lake. Section 4.8 of your Land Use Code contains numerous provisions which dictate that this Application should be promptly denied, including: o Section 4.8.6 provides that where a nonconforming use has been discontinued for more than 12 consecutive months, the use may not be re-established. o Section 4.8.5 provides that only normal or routine repairs and maintenance are allowed, not repairs or maintenance that would enlarge a building, structure or area. o Section 4.8.7 provides that a nonconforming use may not be repaired or altered in a way that would increase the degree of nonconformity with respect to the Code. o Section 4.8.10 provides that a nonconforming use cannot be extended, expanded, enlarged or changed in character. o Section 4.8.12 provides that a nonconforming use may not be enlarged more than 50%, nor be made more intense, than the initial use. For many years, the subject property has been used primarily as either agricultural or open space. There has never been a use on this property remotely close to the intensity of the proposed use by this Applicant. Your Code requires that this Application be denied.

For these reasons, WRCC strongly opposes this Application and requests that it be promptly denied. The Applicant should find another, more suitable, location for his proposed skydiving operation.

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