HomeMy WebLinkAbout20132467.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey, 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:
USR 13-0037
KENNETH EVERITT
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER DEPOT) IN THE
A (AGRICULTURAL) ZONE DISTRICT.
ALL OF SECTION 31. T12N, R59W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
WEST OF AND ADJACENT TO COUNTY ROAD 111; EAST AND NORTH OF
AND ADJACENT TO THE INTERSECTION OF COUNTY ROAD 111 AND
COUNTY ROAD 134.
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.C 3. A. Policy 3.3. Land use regulations should consider the traditional and
future operational viability of water -delivery infrastructure when applications for proposed land
use changes are considered.
Section 22-2-20.G A.Policy 7.2. Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be compatible with the region.
Section 22-2-80 C. I.Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments."
Section 22-2-80 D. (.Goal 4. All new industrial development should pay its own way.
1. I.Policy 4.1. New development should pay for the additional costs associated with those
services directly impacted by the new industrial development.
Section 22-4-30.A. WA.Goal 1. Support the development of water that is put to beneficial
use, along with associated infrastructure.
Section 22-5-100 A. OG.Goal 1. Promote the reasonable and orderly exploration and
development of oil and gas mineral resources.
Section 22-6-20.C.1 ECON Policy 3.1 1. ECON.Policy 3.1. County activities and regulation
should protect the rights of private property owners and the public health, safety and welfare,
recognizing that these basic rights and protections allow the free market to prosper and grow
the local economy.
The site is located in a rural area. The nearest residence is located approximately 1 mile to
the north of the proposed facility. There are a number of conditions of approval and
development standards to mitigate and minimize the impacts of this facility. The Department
of Planning Services is requiring a lighting plan, the Department of Environ
requiring a development standard is proposed that requires the applicant
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RESOLUTION USR13-0037
KENNETH EVERITT
PAGE 2
non -specified noise standard (55 decibels from 7:00 AM to 9:00 PM and 50 decibels from
9:00 PM to 7:00 AM), and an Offsite Road Maintenance and Improvements agreement is
being required by the Department of Public Works to address road maintenance and road
damage caused by the operation and road improvements.
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.A of the Weld County Code allows Mineral Resource
Development Facilities including an Oil and Gas Support and Service Facilities (water
depots) 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. The nearest residence is located approximately 1 mile to the north of
the proposed facility. Agricultural land (dryland and irrigated cropland) is located to the north,
east and south of the site. A portion of the Cedar Creek wind farm facility (approved under
USR-1563) is located to the west of the site. A number of Development Standards and
Conditions of Approval are proposed including a lighting plan, a noise standard and Offsite
Road Maintenance and Improvements Agreement to ensure compatibility with existing
surrounding land uses.
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 site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
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 Program.
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 proposed USR property
designated as "Prime", "Other" and undefined according to the Prime and Important
Farmlands Map of Weld and Larimer Counties. The proposed water depot site will
encompass a little more than two acres at the southeastern corner of the property.
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 attached conditions of
approval and development standards will ensure that there are adequate provisions for the
protection of the 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:
Prior to recording the plat:
A. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the proposed use. (Department of
Public Health and Environment)
RESOLUTION USR13-0037
KENNETH EVERITT
PAGE 3
B. The applicant shall attempt to address the recommendations of the West Greeley Soil
Conservation District as stated in their referral June 17, 2013. (West Greeley Soil
Conservation District)
An off -site Improvements and Road Maintenance Agreement will be required. Road
maintenance (Haul Route) including dust control, road damage repair, and triggers for
improvements will be included. (Department of Public Works)
D. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0037 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. County Road 111 and County Road 136 134 are designated on the Weld County
Road Classification Plan as local gravel road, which requires 60 (sixty) feet of right-
of-way at full buildout. The applicant shall verify and delineate on the plat the
existing right-of-way and the documents creating the right-of-way. All setbacks shall
be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
(Department of Public Works)
6. The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
7 Show the approved access point on the Plat and label it with the Access Permit
number (AP13-00252). (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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)
RESOLUTION USR13-0037
KENNETH EVERITT
PAGE 4
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(c�co.weld.co.us. (Department of Planning Services)
5. 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. (Department of Planning Services)
Motion seconded by Joyce Smock.
VOTE:
For Passage
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Bret Elliott
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 August 20, 2013.
Dated the 20th of August, 2013.
43A,taiane>iitnartedru
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.08.23 08:52:19 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kenneth Everitt
USR13-0037
A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service (water depot) in the A(Agricultural)
Zone District. (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. This is an unmanned facility. (Department of Planning Services)
4. The hours of operations shall be 24 hours a day, 365 days a year. (Department of Planning Services)
5. 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)
6. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Non Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets 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)
11. The fresh water storage and loading system shall be operated in a manner to minimize spills.
Fresh water spills should be captured in above -ground containment areas for reuse or allowed to
infiltrate. There shall be no discharge from this process to surface waters or through the facility's
stormwater management system, in accordance with the Rules and Regulations of the Colorado
Water Quality Control Commission, and the Environmental Protection Agency. (Department of
Public Health and Environment)
12. 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)
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
RESOLUTION USR13-0037
KENNETH EVERITT
PAGE 6
14. The Lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
15. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code. (Department of Public Works)
16. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public
Works)
17. The maximum number of proposed trucks utilizing the site is 200 roundtrips per day. If the number of
trucks exceeds this maximum, the Improvements and Road Maintenance Agreement may be revised
and additional improvements may be required to mitigate the additional impact to the haul route.
(Department of Public Works)
18. There shall be no parking or staging of vehicles on County Roads. (Department of Public Works)
19. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
20. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program. (Ordinance 2011-2)
21. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
24. 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.
25. 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.
26. 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.
27. 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.
RESOLUTION USR13-0037
KENNETH EVERITT
PAGE 7
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.
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Motion: Continue Case USR13-0029 to the September 17, 2013 Planning Commission hearing, Moved
by Benjamin Hansford, Seconded by Bruce Sparrow. Motion carried unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
USR 13-0034
KERR MCGEE GATHERING
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY OR
AGENCY (ONE (1) GREATER THAN 10 -INCH HIGH PRESSURE OIL
PIPELINE. [12 INCH DIAMETER]) IN THE A (AGRICULTURAL) ZONE
DISTRICT
THE PREFERRED PIPELINE COMMENCES IN THE SW4 OF SECTION 15,
T3N, R67W CROSSING SECTIONS 22, 27, AND 34 AND THEN ENTERS
SECTION 3, T2N, R67W CROSSING SECTIONS 10 AND 11 AND THEN
TERMINATES AT THE VOLLMAR COMPRESSOR SITE [USR13-0028] IN
SECTION 14, T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Kim Ogle, Planning Services, presented Case USR13-0034, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Elizabeth Smith, Anadarko, 1099 18th Street, Denver, Colorado, stated that this 12 inch crude oil pipeline
that will connect the Vollmar compressor station to the intermediate piping facility known as the
Intermediate Station. The Intermediate Station is a large valve station that serves as a main intersection
of this pipeline.
Commissioner Maxey asked if they will be boring under all roadways, including crossing the Section 32
Section Line. Ms. Smith said that they will be boring under all roadways and they will discuss boring
under the Section 32 Section Line as well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Approve Case USR13-0034 along with the Conditions of Approval and Development Standards,
Moved by Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent: Bret Elliott.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0037
KENNETH EVERITT
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
ALL OF SECTION 31, T12N, R59W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
WEST OF AND ADJACENT TO COUNTY ROAD 111; EAST AND NORTH OF
AND ADJACENT TO THE INTERSECTION OF COUNTY ROAD 111 AND
COUNTY ROAD 134.
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Chris Gathman, Planning Services, presented Case USR13-0037, reading the recommendation and
comments into the record. Mr. Gathman noted that one letter was received from a surrounding property
owner expressing concern with whether the depot facility will impact their existing domestic/livestock well.
He added that this surrounding property owners lives 0.75 miles from the USR Boundary. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Mr. Carroll requested an amendment to Condition of Approval 1.E.5 by amending
the first sentence with regard to County Road 136 and replace it with County Road 134.
Motion: Amend Condition of Approval 1.E.5 as stated by staff; Motion by Nick Berryman, Seconded by
Joyce Smock. Motion carried unanimously.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Linn Leeburg, Leeburg and Associates, 707 Hawthorne Avenue, Boulder, Colorado, stated that the
landowner is requesting to have a water depot on his property. The site is in a fairly remote area.
Commissioner Hansford asked how many gallons from this aquifer will be used per day. Mr. Leeburg
said that at a maximum 200 loads at 6500 gallons each, which equal 1.3 million gallons, could be used.
Commissioner Berryman referred to the surrounding property owner letter and asked how his well will be
affected by this depot. Mr. Leeburg said that he would defer this question to Dave Jones. Water Attorney.
David Jones, Lawrence, Jones, Custer, Grasmick, Johnstown, Colorado, stated that he is the Water
Attorney representing Mr. Everitt, the landowner. He stated that the amount of water that will be coming
out of the ground will not change so there should not be any impact on surrounding wells. He added that
it is an existing well that was used for agricultural. Mr. Jones said that they are not increasing the amount
of water through the permit process.
Commissioner Sparrow asked how many acres this well is permitted for. Mr. Jones said that it is currently
permitted for 1450 acre feet per year.
Commissioner Maxey clarified if the water can still be used for both agricultural as well as the water
depot. Mr. Jones replied yes and added that they are amending the water permit to include a commercial
use for the water depot.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Rob Walters, 1393 Clinton Street, Aurora, Colorado, stated that his family owns land directly to the
southeast as well as 2 miles south of the site. He is concerned with the long term affects of the water
being pulled out. He added that it seems odd to him that they are running the pivot and filling trucks for a
24/7/365 operation.
Mr. Jones said that he doubts that Mr. Walters and Mr. Everitt are connected to the same aquifer. He
added that Mr. Everitt's well is a deep well in the Ogallala Aquifer and believes that the domestic wells are
not that deep and will be drawing from other aquifers.
Commissioner Lawley referred to Mr. Walter's question about pumping the water for irrigation while at the
same time filling trucks from the water depot and asked if the use will go over the limit. Mr. Jones said
that they will need to keep track of the amount of water used so that it doesn't go over the permit limit.
In response to Commissioner Smock's inquiry, Mr. Leeburg said that the water from the existing well will
be piped over to the depot.
3
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.
Motion: Forward Case USR13-0037 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 Jason Maxey, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent: Bret Elliott.
Commissioner Berryman commented that there is a little more information now on record, but encouraged
Mr. Walters to ask the applicant further questions if he is still concerned.
Commissioner Maxey cited Section 23-2-220.A.6 regarding prime farmland and hopes that the applicant
will still utilize the well to keep some form of crop in there.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0027
LOUIS GOLDSBY
TIFFANE JOHNSON
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (UTILITY INSTALLATION/ EXCAVATION
SERVICES AND STORAGE OF RELATED CONSTRUCTION MATERIALS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A CORR REC EXEMPT RE -2921; PART E2SE4 SECTION 8, T2N, R66W
OF THE 6TH P.M.. WELD COUNTY, COLORADO.
LOCATED 0.75 MILES EAST OF HIGHWAY 85; NORTH OF AND ADJACENT
TO CR 22.
Tiffane Johnson, Planning Services, presented Case USR13-0027, reading the recommendation and
comments into the record. Ms. Johnson noted that a phone call and a follow-up email were received from
the surrounding property owner to the east. They stated that they have no problem with what is currently
stored there; however they would have an objection if the storage of vehicles and trailers increased. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Ms. Johnson requested that they would like to amend Development Standard 4 to read "The number of
employees per the application is four (4) part-time employees per the Environmental Health Standard
Policies 2.2.K." Additionally, staff would like to amend Development Standard 5 to read "The number of
commercial vehicles per the application is 11 (3 tractors and 8 trailers)".
Motion: Amend Development Standard 5 as stated by staff, Motion by Jason Maxey, Seconded by Nick
Berryman. Motion carried unanimously.
Motion: Amend Development Standard 4 as stated by staff, Motion by Benjamin Hansford, Seconded
by Jason Maxey. Motion carried unanimously.
Brad Yatabe, County Attorney, directed staff to attach the Environmental Health Policy to the Resolution.
He added that from time to time policies change so this would make it clear to what policy this is being
referred to.
Commissioner Maxey asked if additional screening will be required for the vehicle parking area. Ms.
Johnson said that according to the site plan they are not proposing any screening.
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