HomeMy WebLinkAbout20032435.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, 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: 2ndAmUSR-996
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SE4 Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and
Gas Support Facility (Brinewater Disposal) in the A (Agricultural) Zone
District.
LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53.
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 22-5-100.A(OG.Goal 5. )states
"Oil and gas support facilities decisions which do not rely on geology for locations shall be
subjected to review..." This proposal has been reviewed by the appropriate referral
agencies and it has been determined that the attached 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.
The Request for a Site Specific Development Plan and a Special Review Permit for a Oil
and Gas Support Facility (Brinewater Disposal) in the A (Agricultural)Zone District is the
second amendment to an existing permitted facility. The original USR was approved
Conquest Oil Company, in 1992; and amended in 1993. Each subsequent application was
for the ability to increase capacity. This application is for the expansion of six storage tanks
to the existing eighteen (18)storage tank, tank farm and associated requirements.
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.2 of the Weld County Code provides for Oil and Gas
Support and Service 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 property is surrounded by agricultural fields in crop production
and related uses. Big Sky Estates PUD is one mile north of the existing facility.There are
single family dwellings on acreage's in the immediate vicinity. A dairy and turkey farm are
to the southwest, south of County Road 46. Large tracts of pasture and hay are prevalent
in the general area.
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 existing site does lie within the three mile referral area of the Town of
Kersey. The town in their referral dated June 3,2003 states they had reviewed the request
and find no conflict with their interests.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The existing site is not within a recognized overlay district, including the Geologic K
Hazard,Flood Hazard or Airport Overlay District. The existing site is within the County-wide ri _
Road Impact Fee Area. Effective January 1,2003,Building Permits issued on the proposed
2003-2435
Resolution 2AmUSR-996
Conquest Oil
Page 2
lots will be required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11).
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. This facility has operated
at the present location for a number of years, and will not remove prime agricultural lands
from production.
G. Section 23-2-220.A.7 -- 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 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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department
of Planning Services)
B. The plat shall be labeled 2n°AmUSR-996 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Screening Plan, to address the outdoor storage of materials,
including the trash dumpster associated with this facility shall be screened from
adjacent properties, including the public rights-of-way. (Department of Planning
Services)
D. If applicable, the existing Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
shall be amended to reflect modifications in the operation, if the Colorado Department of
Health and Environment determines that such a modification represents a significant
change in emissions or production. (Department of Public Health and Environment)
E. The applicant to submit a Screening Plan to the Department of Planning Services for
review and approval. With approval the Screening Plan information shall be graphically
delineating on the USR Plat. (Department of Planning Services)
F. The applicant shall submit two (2)paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above 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 Department of Planning Services' Staff. 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 thirty(30)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. Prior to the Release of Building Permits:
A. A secondary containment concrete structure (floor and walls) shall be constructed around
the proposed tank battery. The volume retained by the structure shall be greater than the
volume of the largest tank inside the structure. A registered professional engineer shall
Resolution 2AmUSR-996
Conquest Oil
Page 3
design the structure. The structure shall prevent any release from the tank system from
reaching land or waters outside of the containment area. The operator shall provide
evidence from the engineer to the Weld County Department of Public Health and
Environment and Planning Services that the structure has been constructed to meet this
criterion. (Department of Public Health and Environment)
B. The applicant shall submit evidence to the Weld County Departments of Public Health and
Environment and Planning Services, and the Colorado Oil and Gas Conservation
Commission that the facility was constructed in accordance with the applicable materials.
(Department of Public Health and Environment)
C. The tanks will require engineered foundations based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. The garage may
require an engineered foundation. Check with a plans examiner. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
D. A building permit shall be obtained prior to the installation of new tanks or the construction
of new buildings. A plan review is required. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. (Department of Building Inspection)
4. Prior to Operation:
The applicant shall contact the office of the Weld County Sheriff to schedule a walk-through of the
site for the purposes of implementing the program "Crime Prevention through Environmental
Design". This program reduces the likelihood of criminal activity at a specific location by"hardening"
it to crime. Evidence of such shall be submitted in writing to the Weld County Department of
i-. Planning Services. (Sheriffs Office)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD formats
are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.
(Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CONQUEST OIL COMPANY
fas 2N°AMUSR-996
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Brinewater Disposal) in the A(Agricultural) Zone District, as indicated in the application materials
on file and 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. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operating an injection well, shall be on-site when the facility is
receiving waste. (Department of Public Health and Environment)
5. A safe and adequate sewage disposal system shall be available on the facility premises. A vault
system shall be acceptable. (Department of Public Health and Environment)
6. A safe and adequate fresh water supply shall be available on the facility premises. (Department of
Public Health and Environment)
7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency is
permitted. Any changes from the approved Class II use would require an amendment to this Special
Review permit. (Department of Public Health and Environment)
/••1/4 8. The maximum noise level shall not exceed the industrial limit of 80 dB(A), as measured according
to Section 25-12-102, CRS. (Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on site. (Department of Public
Health and Environment)
10. The pre-existing spillage retention berms around pre-existing tank batteries shall be maintained to
retain a volume greater than the volume of the largest tank inside the berm. The surface area within
the pre-existing tank battery berms shall be maintained with at least 24-inch, compacted or in-situ
earthen materials or other low-permeability materials, so as not to exceed a seepage rate of 1 x 10"'
cm/sec. The operator shall maintain the pre-existing lining and berms to meet these requirements.
(Department of Public Health and Environment)
11. All chemicals stored on site shall be stored in locked buildings, on an impervious surface, provide
manufacturer recommendations for safe storage and handling are in accord. In any event,
manufacturer recommendations will take precedence. (Department of Public Health and
Environment)
12. The facility shall comply with any required air emissions permit from the Air Pollution Control
Division, Colorado Department of Health. (Department of Public Health and Environment)
13. The surfaces around the disposal area shall be constructed of an impervious material and graded
to insure that all spilled waste is contained within the unloading pad. (Department of Public Health
and Environment)
14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
Resolution 2AmUSR-996
Conquest Oil
Page 2
15. The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Commission, and any other applicable agency. (Department
of Public Health and Environment)
16. Any liquid or solid wastes (as defined in the Solid Wastes Disposal Facilities Act, 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
17. Any petroleum-contaminated soils on the facility shall be removed and disposed in accordance with
all applicable rules and regulations. (Department of Public Health and Environment)
18. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards before additional barrels of brine water are accepted. Noncompliance with
any of the foregoing Development Standards may be reason for revocation of the Permit by the
Board of County Commissioners. (Department of Public Health and Environment)
19. Access to the brine water disposal site is from County Road 46. The designated haul route is on
County Road 53 approximately 1000 feet west on County Road 46. All vehicles hauling to the brine
water facility will be restricted from traveling east on County Road 46. All traffic to the facility will
enter west on County Road 46 from County Road 53 with the exit route being east on County Road
46 to County Road 53. Transport trucks weighing up to 40 ton will visit the site approximately 40-50
times a day and less on weekends. (Department of Public Works)
20. In March 1993, the County and Conquest Oil Company entered into a Road Improvements and
Maintenance Agreement. The improvements consisted of an additional three inches of road base
material and the application of magnesium or calcium chloride to the designated haul route.
Conquest Oil furnished the base material,magnesium or calcium chloride,equipment,and labor to
complete this agreement. (Department of Public Works)
21. Maintenance will consist of regular grading and magnesium chloride applicant and/or additional road
base to keep the surface smooth and to control dust as directed by the Weld County Public Works
Department. (Department of Public Works)
22. The off-street parking spaces including the access drive shall be surfaced with g ravel or the
equivalent and shall be graded to prevent drainage problems. There is an existing concrete loading
pad. Utilize the existing access and departure points. (Department of Public Works)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
24. The applicant shall adhere to the existing Road Maintenance Improvements Agreement at the
Conquest site and utilize the designated haul route at this facility. Coordinate with the Weld County
Public Works Department on grading prior to placing the magnesium chloride or calcium chloride
to the designated haul route. (In March 1993,the County and Conquest Oil Company entered into
a Road Improvements and Maintenance Agreement. The improvements consisted of an additional
three inches of road base material and the application of magnesium or calcium chloride to the
designated haul route. Conquest Oil furnished the base material, magnesium or calcium chloride,
equipment, and labor to complete this agreement. Maintenance will consist of regular grading and
magnesium chloride applicant and/or additional road base to keep the surface smooth and to control
dust as directed by the Weld County Public Works Department.) (Department of Public Works)
25. Structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
Resolution 2AmUSR-996
Conquest Oil
Page 3
26. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building
Inspection)
27. Building height shall be measured in accordance with the 1997 Uniform Building Code for the
purpose of determining compliance with the Bulk Requirements from Chapter 27 of the Weld County
Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code
in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
28. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
31. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
32. The 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. (Department of Planning Services)
33. 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. (Department of
Planning Services)
r
Resolution 2AmUSR-996
Conquest Oil
Page 4
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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, Voneen Macklin, 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 5, 2003.
Dated the 5th of August, 2003.
Voneen Macklin
Secretary
• r.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 5, 2003
A regular meeting of the Weld County Planning Commission was held Tuesday 2003, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller , at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
James Rohn
John Folsom
Stephan Mokray
John Hutson
Bernard Ruesgen
Bruce Fitzgerald
Also Present:Don Carroll, Bethany Salzman,Kim Ogle,Sheri Lockman,Peter Schei,Jacqueline Hatch,Char
Davis, Cindy Etcheverry, Michelle Katyrynuik
The summary of the last regular meeting of the Weld County Planning Commission held on July 15, 2003,
was approved as read.
The first order of business is the election of officers for the upcoming terms.
Bernie Ruesgen nominated Michael Miller for Chair. Bruce Fitzgerald seconded.
Stephen Mokray nominated Bryant Gimlin for Vice Chair. Bruce Fitzgerald seconded.
The elected officers will remain the same as last term.
The following item is continued:
CASE NUMBER: USR-1432
APPLICANT: Mark & Kristi Weimer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A; part SE4 Section 22, T6N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit to use
a single family residence to park company equipment associated with a
trucking business.
LOCATION: North of and adjacent to Carlton Road/CR 66 and approximately 1/4 mile
west of CR 57.
Jacqueline Hatch read a request for continuance to October 7, 2003. The applicant is in the process of
obtaining a commercial well permit. Stephen Mokray moved to continue to October 7, 2003. John Folsom
seconded. Motion carried.
The following is on the Consent Agenda:
CASE NUMBER: 2ndAmUSR-996
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SE4 Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and
Gas Support Facility (Brinewater Disposal) in the A (Agricultural) Zone
District.
LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53.
CASE NUMBER: MF-614
g EXHIBIT
Page -1-
• `.�
The applicant originally proposed to create a Planned Unit Development with eight(8) one acre Estate lots
and one (1) one-hundred twenty-one acre Agricultural lot along with 30 acres of open space. The new
proposal has the following changes:
The applicant has increased the eight(8) Estate lots to four(4)acres.
The road has been moved to the east.
Landscaping has been included in the open space between the lots and adjacent
home to the west.
iv. Coal Bank Creek and the flood plain have been included in the residential lots
instead of the open space.
Criteria 4.States"Within the concept of rehearing the previously denied application,is there newly discovered
evidence that the applicant could not have discovered with diligent effort at the time of the original application
At the Board of County Commissioners hearing,allegations were made that the applicant was taking irrigation
water illegally. The applicant did not have a chance to respond because the allegations were made during
the last step of the change of zone process.
Planning staff reminded the commission and members of the audience that the hearing was not intended as
a rehearing of the change of zone. Also Planning Staffs recommendation of approval is in no way related to
a review of the change of zone. The only criteria staff reviewed is that which is related to the substantial
change. Many of the issues surrounding Cattail Creek are not relevant at the hearing and should be reserved
for the Change of Zone hearing if the applicants are granted the right to reapply."
James Rohn asked where the open space was on the map. Ms. Lockman indicated the area. Mr. Rohn
asked if lots 1-5 were in the flood plain and do the lots straddle the creek. Ms. Lockman stated that a small
portion was in the flood plain and they changed the lots because of the issues of having it in the open space
so it is now in the lots.
Anne Best Johnson, representative for the applicant, provided additional information on the substantial
change. Evidence will be provided to verify the substantial change. There only needs to be one criteria met
in order for a substantial change to be approved. Mrs.Johnson went over the new design of the development.
The lots size was increased, landscape buffer added, road and traffic issues were improved, building
envelopes are included and the open space was incorporated into the lots to increase the size of the lots. The
total amount of open space is 25.2 acres, this includes 7 acres of common open space which is the buffer
area and 18 acres that have been deemed non buildable on each lot. The irrigation water was determined
to be adequate for delivery and the amount was deemed adequate. Two of the four criteria for a substantial
change have been met. The applicant is requesting approval and if this is approved the change of zone is
the process that will be initiated. The information submitted exceeds the expectations of the sketch plan.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Patrick McNear, neighbor,indicated that the changes that have been made have not been substantial based
only on the lot size when the density was the issue for denial. The only change is in the size of the lots and
road location . The changes do not mitigate the issues from the Board of County Commissioners. The road
will only be another access point. The landscape buffer does not address the issue of the other adjoining land
owners. Another issue is Coalbank Creek is in the lots not in the open space. This does not mitigate the
attractive nuisance issue that was described in the previous hearing. There is no buffer protection for those
areas. The changes are minor and they fail to mitigate the Boards issues.
John Folsom asked Mr. Barker if the substantial change must be submitted based solely on the reasons for
denial from the Board of County Commissioners or can there be substantial changes in any aspect? Mr.
Barker stated it must be between the facts from the first application and the second application. The reasons
for denial by the commissioners are not crucial.
The Public portion closed.
James Rohn commented that the quotes from Sections 27-2-35, 27-2-70, 27-2-74 have not been met. Mr.
Gimlin asked about the criteria and that any one of the criteria needs to be met. There is not a need to have
to meet all four.
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John Folsom moved that Case SCH-23, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. John Hutson seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; James Rohn, no; Bernie
Ruesgen, no; John Hutson, yes. Motion carried.
Bernie Ruesgen commented that he is not convinced the changes are substantial. Changing lines are on the
map are peripheral.
James Rohn commented that section 27-2-74 has not been addressed. There has not been any additional
conservation. The attractive nuisance of the creek now being in back yards.
The following is on the Hearing Agenda:
CASE NUMBER: USR-1431
APPLICANT: Marlin Ness
PLANNER: Chris Gathman
LEGAL DESCRIPTION: NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for an RV Park,
Storage and Recreation Area in the Agricultural Zone District.
LOCATION: South of and adjacent to Highway 34 (28th Street Frontage Road) and
approximately 1/2 mile east of 1s`Avenue.
Chris Gathman, Department of Planning Services presented Case USR-1431,reading the recommendation
and comments into the record. The Department of Planning Services is recommending denial of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked about the petition for annexation to the City of Greeley. Cities have been know to
establish contiguity through flagpole annexations. Mr. Gathman stated that he is not aware of any formal
petition to annex into the City of Greeley.
James Rohn asked about the standards and requirements that deal with the Division of Wildlife beyond the
preble meadow jumping mouse and orchids. Is there a way to ensure that hunting still be done and the
concern with the trials. Mr. Gathman stated there are conditions to cover the animals and there is also
condition 2 L that deals with the Division of Wildlife concerns.
Bryant Gimlin asked about 2 D & F and the difference. Ms. Davis indicated that the garage on site has a
bathroom and does not have septic permit. Any new development would require sewer. The facility use
sanitation services from the City of Greeley and the garage will need to be permitted. There is two different
things. This is a catch 22 situation. The City of Greeley will not allow them to use the sanitation district unless
they are annexed. If the annexation is not done then the septic system for the garage will need to be dealt
with.
Michael Miller asked about the sewage treatment facility like the system on the other side of the road. Ms.
Davis stated that the condition is left as an adequate disposal system due to the fact that it is a catch 22 for
the applicant. The treatment plant will satisfy the condition.
Stephen Mokray asked about the vacation of old USRs. Mr. Gathman stated that one was for Oil &Gas and
the other was for a gravel pit. Those need to be vacated so a new USR can be established.
Tony Evans,representative, provided additional information.There will be 200 pad sites and 20 recreational
parking sites. There is an existing RV use on north side of Hwy 34 owned by the same applicant. The pads
will be built in phases depending on financial circumstances. This will be mostly open space and the
possibility of a golf course. The applicant has met with the City of Greeley on four occasions and they
expressed their disinterest in annexation. They say that there is no contiguity. They would not allow this
project to tie into sewer because they are not annexed into Greeley. The property is surrounded by vacant
land. Annexation would have to be done in pieces in order to accommodate the 1/6 contiguity. Mr. Evans
stated even if the land was annexed the City of Greeley would not allow this type of use for the property.
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