HomeMy WebLinkAbout20132466.tiffCORRECTED RESOLUTION
(Corrected as to legal description)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0037, FOR MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT - KENNETH EVERITT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of
September, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kenneth Everitt, 45571 County Road 118, Grover, Colorado 80729,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0037, for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility
(water depot) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
E1/2 SE1/4 of Section 31, Township 12 North,
Range 59 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Linn Leeburg, Leeburg
and Associates, 707 Hawthorn Avenue, Boulder, Colorado 80304, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.C.3 (A.Policy 3.3) states: "Land use regulations
should consider the traditional and future operational viability of
water -delivery infrastructure when applications for proposed land
use changes are considered."
W. CIA- I Pt_ I f}L, `)cAJ,
t' Loh
2013-2466
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SPECIAL REVIEW PERMIT (USR13-0037) - KENNETH EVERITT
PAGE 2
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "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."
3) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments."
4) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way."
5) Section 22-2-80.D (I.Policy 4.1) states: "New development should
pay for the additional costs associated with those services directly
impacted by the new industrial development"
6) Section 22-4-30.A (WA.Goal 1) states: "Support the development
of water that is put to beneficial use, along with associated
infrastructure."
7) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
8) Section 22-6-20.C.1 (ECON Policy 3.1) states: "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, with
the nearest residence located approximately one 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 applicant will be required to submit
a Lighting Plan, and adhere to the 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). An Off -site Road Maintenance and
Improvements Agreement is required to address road
maintenance and road damage caused by the operation and road
improvements.
B. Section 23-2-230.6.2 -- 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 Oil and
Gas Support and Service Facilities (water depots) as a Use by Special
Review in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The nearest
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SPECIAL REVIEW PERMIT (USR13-0037) - KENNETH EVERITT
PAGE 3
residence is located approximately one (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 Conditions of Approval and Development
Standards are proposed including a Lighting Plan, a Noise Standard and
Off -site Road Maintenance and Improvements Agreement to ensure
compatibility with existing surrounding land uses.
D. Section 23-2-230.B.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-mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) Area of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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 (2) acres at the southeastern corner of
the property.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Kenneth Everitt, for a Site Specific Development
Plan and Use by Special Review Permit, USR13-0037, for a Mineral Resource Development
Facility, including an Oil and Gas Support and Service Facility (water depot) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. 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.
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SPECIAL REVIEW PERMIT (USR13-0037) - KENNETH EVERITT
PAGE 4
B. The applicant shall attempt to address the recommendations of the West
Greeley Soil Conservation District, as stated in the referral dated
June 17, 2013.
C. 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.
D. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
E. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0037.
2. The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5. County Roads (CR) 111 and 134 are designated on the Weld
County Road Classification Plan as local gravel roads, which
require 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.
6. The approved Lighting Plan.
7. Show the approved access point and label it with the Access
Permit number (AP13-00252).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
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SPECIAL REVIEW PERMIT (USR13-0037) - KENNETH EVERITT
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plat, along with all other documentation required as Conditions of Approval. 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 Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
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.
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@co.weld.co.us.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of September, A.D., 2013.
ATTEST:
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD fX17 T , COLORADO
/It
Wi iam F. Garcia, Chair
CL
P. Conway
er, Pro-Tem
APPgOVEDLP�Pr—
Cou y Attorney
OCT 0 9 2013
Date of signature:
LatAILrbara Kirkmeyer
� /yer
2013-2466
PL2239
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH EVERITT
US R13-0037
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0037, is
for a Mineral Resource Development Facility, including Oil and Gas Support and Service
Facility (water depot) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. This is an unmanned facility.
4. The hours of operations shall be 24 hours a day, 365 days a year.
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.
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.
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.
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.
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.
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 the site for
less than two (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.
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
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DEVELOPMENT STANDARDS (USR13-0037) - KENNETH EVERITT
PAGE 2
Rules and Regulations of the Colorado Water Quality Control Commission, and the
Environmental Protection Agency.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
14. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
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.
16. The historical flow patterns and runoff amounts will be maintained on the site.
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.
18. There shall be no parking or staging of vehicles on County roads.
19. Weld County is not responsible for the maintenance of drainage related features.
20. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
21. Building permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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.
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DEVELOPMENT STANDARDS (USR13-0037) - KENNETH EVERITT
PAGE 3
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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
2013-2466
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3921377 Pages: 1 of 2
04/01/2013 03:37 PM R Fee:$16.00 D Fee;$0.00
Steve Moreno, Clerk and Recorder. Weld County. CO
to r r'srTNIONlid I1f41 Lowden en MAW 11111
QUITCLAIM DEED
r�,
This DEED, made this a r' day of March 2013 between:
Kenneth H. Everitt
of the county of Weld, State of Colorado, Grantor,
and,
Kenneth H. Everitt
whose legal address is 45571 CR 118, Grover, Colorado 80729, County of Weld,
Grantee,
WITNESSETH, that the Grantor for valuable consideration, in hand paid, hereby
sells, conveys, and QUIT CLAIMS to Grantee, its heirs and assigns forever, all right, title
and interest in and to the following real property in the County of Weld, State of
Colorado, to wit:
East one-half ( %) of the Southeast one quarter (1/4) of Section 31, Township 12
North, Range 59 West of the 6th P.M.
TO HAVE AND TO HOLD the same, together with all appurtenances belonging
thereto, or in anywise appertaining, subject to all easements, reservations, leases and
right-of-way of whatever character of record or now existing on said premises, and
subject to 2013 taxes payable in 2014 and subsequent years.
TA
Signed this et R day of ///4Kji 2013.
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this Lx L., day of
March 2013 by Kenneth H. Everitt.
Page 2 of 2
Witness my hand and official seal.
/ 1
My Commission Expires: bS2l l .�
3921377 Pages: 2 of 2
04/01/2013 03:37 PM R Fee:$16.00 D Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County. Co
VIII N��1lminI 'I* I kSHI��II�W�K*RRI� hM�iY4r} fl ill
Esther Gesick
From:
Sent:
To:
Subject:
Michelle Martin
Tuesday, October 01, 2013 1:38 PM
Esther Gesick
RE: USR13-0037 legal description correction
According to the map it's just on the E2 SW4.
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 353-6100 x 3540
FAX: (970) 304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick
Sent: Tuesday, October 01, 2013 12:33 PM
To: Michelle Martin
Subject: RE: USR13-0037 legal description correction
That's where I'm confused. I don't know if the USR is now on just the E2 SW4, or if it is on everything but that area.
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 336-7215 X4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Michelle Martin
Sent: Tuesday, October 01, 2013 10:22 AM
To: Esther Gesick
Subject: RE: USR13-0037 legal description correction
1
It looks like the legal on page one still says the all of section 31 should it just say E2 SW4 of section 31, T 12, Rage 59.
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 353-6100 x 3540
FAX: (970) 304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick
Sent: Monday, September 30, 2013 4:21 PM
To: Michelle Martin
Subject: FW: USR13-0037 legal description correction
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 336-7215 X4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Chris Gathman
Sent: Thursday, September 26, 2013 5:58 PM
To: Esther Gesick; Karla Ford
Subject: USR13-0037 legal description correction
One minor correction on this. The legal description needs to be changed. The applicant deeded the E2SW4 to
themselves.
Let me know if you have any questions.
Sincerely,
2
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0037, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT - KENNETH EVERITT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of
September, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kenneth Everitt, 45571 County Road 118, Grover, Colorado 80729,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0037, for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility
(water depot) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
All of Section 31, Township 12 North, Range 59
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Linn Leeburg, Leeburg
and Associates, 707 Hawthorn Avenue, Boulder, Colorado 80304, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.C.3 (A.Policy 3.3) states: "Land use regulations
should consider the traditional and future operational viability of
water -delivery infrastructure when applications for proposed land
use changes are considered."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
�L I /i,(Lce1 I In Q . 20 PL2239
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