HomeMy WebLinkAbout20242389.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes. that the following resolution be introduced for approval by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: COZ24-0005
Applicant: Cataract Capital, LLC and Talons Capital 2. LLC
Planner: Chris Gathman
Request Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District.
Legal Description: Two parcels: Lot B of Corrected Recorded Exemption RE -3360,. being part of the
NW1/4 of Section 29; and a parcel lying to the west of the Union Pacific Railroad
and being part of the NW1/4 of Section 29. both in Township 1 North, Range 66
West of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to County Road 27/North Main Street; approximately
750 feet south of County Road 6/East Crown Prince Boulevard
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-
50 of the Weld County Code.
All necessary application materials were found to be complete on November 16. 2022.
It is the opinion of the Planning Commission that the submitted materials are in compliance
with Section 23-2-30 of the Weld County Code:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County
Code.
This property is located adjacent to and surrounded by the City of Brighton Municipal limits.
Additionally, Brighton has annexed the adjacent Main Street (CR 27) access and multiple
properties on the south and north side of the subject parcels as well as the east side of the
Union Pacific Railroad.
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses.
Surrounding lands are being utilized for either permanent or temporary commercial and
industrial uses adjacent to, or in the near vicinity, of this proposed Change of Zone. Notice
was sent to nine (9) surrounding properties and no responses were received regarding the
proposal.
Future industrial uses will have to be approved through a Site Plan Review, Use by Special
Review, or a Zoning Permit process. Site Plan Reviews, Use by Special Reviews, and Zoning
Permit applications are sent to referral agencies for comments. Use by Special Reviews and
Zoning Permits are also sent to the Surrounding Property Owners. The Conditions of Approval
and Development Standards applied to both this Change of Zone and any future Site Plan
Reviews, Use by Special Review, or Zoning Permits will adequately address and mitigate
potential impacts. Due to the proximity of other industrial operations in the vicinity, a Change
of Zone to 1-2 (Medium Industrial) is compatible with the surrounding land uses. Properties within
Weld County to the west (across County Road 27 are zoned 1-3 (Heavy Industrial). The City
of Brighton properties to the east are zoned 1-2, Heavy Industrial.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the
site to serve the uses permitted within the proposed zone district.
The site is currently served via a permitted Division of Water Resources. Well Permit
numbers 290696 and 300257. The application states that the wells are permitted for drinking
and sanitary uses for a commercial business.
Current well permits are acceptable and adequate for planned and existing uses Future use can
be addressed at the site plan review stage There are multiple options that can be made available
to serve these uses as is
The property has three existing (3) onsite septic systems SP -0500255, SP -1300133 and SP -
13 -00134
The proposed Change of Zone application for these properties is supportable as it has been
demonstrated that adequate water can be made available for the future industrial uses
D Section 23-2-30 A4 - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts
Both the north and the south properties have two (2) existing accesses onto County Road
27 This section of County Road 27 was annexed to the City of Brighton in 2009
E Section 23-2-30 A5 - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards
Section 23-2-30 A 5 a — If the proposed Change of Zone is located within any Overlay
Distnct identified by maps officially adopted by the County, that the apphcant has
demonstrated compliance with the County regulations concerning Overlay Drstncts
Compliance may be demonstrated in a previous public heanng or in the heanng concerning
the rezoning application
The site is not located within the following overlay districts officially adopted by the County
including A -P (Airport) Overlay District, Geologic Hazard Overlay District, Historic Townsites
Overlay District, 1-25 Overlay District, Multiple Separate Storm Sewer System (MS4), or
Special Flood Hazard Area, or Agricultural Heritage Overlay District
Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property
The properties are already developed and contain existing buildings and improvements The
size of the largest parcel in the request is approximately 7 00 acres
Section 23-2-30 A 5 c - If soil conditions on the site am such that they present moderate
or severe limitations to the construction of structures or facilities proposed for the site, that such
limitations can be overcome and that the limitations will be addressed by the applicant and/or the
applicant's successors or assigns pnor to the development of the property
The Colorado Geological Survey stated no conflicts with their interests in their referral
response dated July 10, 2024 There are existing buildings and improvements on the property
The combined area of the parcels is thirteen (13) acres However, the parcels are separated by
a parcel in between The area of the largest parcel is approximately 7 00 acres
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 Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District is
conditional upon the following
1 Prior to recording the plat
A The applicant shall acknowledge the referral comments of the Division of Water Resources
as stated in their referral response received July 22, 2024 Written evidence of such shall
be provided to the Department of Planning Services (Division of Water Resources)
B The applicant shall acknowledge the referral comments of the City of Brighton as stated in their
referral response received June 24, 2024 Written evidence of such shall be provided to
the Department of Planning Services (City of Brighton)
C The plat shall be amended to delineate the following
All pages of the plat shall be labeled COZ24-0005 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of
Planning Services)
3 All recorded easements and rights -of -way shall be shown and dimensioned on the
Change of Zone plat (Department of Planning Services)
4 This portion of County Road 27 is under the jurisdiction of the City of Brighton Please
contact the city to verify the right-of-way Show and label the existing and future rights -
of -way and the physical location of the road (Development Review)
5 Show the existing accesses for each parcel and label each access with the approved City
of Brighton access permit number, if applicable Include in each label that the
access is an "INDUSTRIAL ACCESS" (Development Review)
6 The following notes shall be delineated on the Change of Zone plat
1) The Change of Zone, COZ24-0005, allows for 1-2 (Medium Industrial) uses which
shall comply with the 1-2 (Medium Industrial) Zone District requirements as set forth in
Chapter 23, Article III Division 4 of the Weld County Code, as amended (Department
of Planning Services)
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits (Department of Planning Services)
3) The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code (Department of Planning Services)
4) Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code A building permit application
must be completed and submitted Buildings and 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 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter
29 of the Weld County Code A plan review shall be approved, and a permit must be
issued prior to the start of construction (Department of Building Inspection)
5) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Fee Impact Program and the County Facility Fee and
Drainage Impact Fee Programs (Department of Planning Services)
6) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code
(Development Review)
7) The historical f low patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area and
prevent property damage of the type generally attributed to runoff rate and velocity
increases, diversions, concentration and/or unplanned ponding of stormwater runoff
(Development Review)
8) Water service may be obtained from an appropriately permitted well (Department of
Public Health and Environment)
9) The parcel is currently not served by a municipal sanitary sewer system Sewage
disposal may be by an on -site wastewater treatment system designed in accordance
with the regulations of the Colorado Department of Public Health and Environment,
Water Quality Control Division, and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system (Department of Public
Health and Environment)
10) Activity or use on the surface of the ground over any part of the OWTS must be
restricted to that which shall allow the system to function as designed and which shall
not contribute to compaction of the soil or to structural loading detrimental to the
structural integrity or capability of the component to function as designed
(Department of Public Health and Environment)
11) 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 (Department of Planning Services)
12) Upon completion of Conditions of Approval 1 above, the applicant shall submit one
(1) electronic copy (pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services The plat shall be prepared in accordance with the
requirements of Section 23-2-50 D of the Weld County Code Upon approval of the
plat, the applicant shall submit to the Department of Planning Services 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 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
2 If a plat has not been recorded within one hundred twenty (120) days of the date of the approval
of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the
Board may require the landowner to appear before it and present evidence substantiating that the
COZ has not been abandoned and that the applicant possesses the willingness and ability to
record the plat The Board of County Commissioners may extend the date for recording the plat
If the Board determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ
3 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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 be
added for each additional 3 - month period
4 Any approved amendments to the Official Zoning Map shall be effective immediately upon
approval by the Board of County Commissioners unless otherwise specified by the approving
resolution of the Board of County Commissioners However, no building permit shall be issued,
and no use shall commence on the property until the plat is recorded
Motion seconded by Michael Palizzi
VOTE
For Passage
Pamela Edens
Michael Wailes
Michael Palizzi
Against Passage
Butch White
Virginia Guderjahn
Absent
Barney Hammond
Cindy Beemer
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 Commissioners for further proceedings
Michael Biwer
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 September 3, 2024
Dated the 3rd of September, 2024
'61:667- Aiivtgiyu
Kristine Ranslem
Secretary
EXHIBIT
„ea, .00.s -
Summary
of the Weld County Planning Commission Meeting
Tuesday, September 3, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:40 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Barney
Hammond, Cindy Beemer.
Absent: Michael Biwer.
Also Present: Chris Gathman, Diana Aungst. and Molly Wright, Department of Planning Services, Karin
McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner.
Request:
Legal Description:
Location:
COZ24-0005
Cataract Capital, LLC and Talons Capital 2. LLC
Chris Gathman
Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District.
Two parcels. Lot B of Corrected Recorded Exemption RE -3360. being part of the
NW1/4 of Section 29 and a parcel lying to the west of the Union Pacific Railroad
and being part of the NW1/4 of Section 29. both in Township 1 North. Range 66
West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 27/North Main Street: approximately 750 feet
south of County Road 6/East Crown Prince Boulevard.
Chris Gathman. Planning Services, presented Case COZ24-0005, reading the recommendation and
comments into the record. Mr. Gathman stated that the Department of Planning Services is recommending
denial based on Section 23-2-30.A.1, that the proposal is not consistent with Chapter 22 of the Weld County
Code. Section 22-2-30.B.1 states that urban development should be located in urban areas and to
encourage annexation of urban scale development, zone changes and subdivisions within one -quarter mile
of municipal limits is strongly discouraged. Mr. Gathman said this property is located adjacent to and
surrounded by the City of Brighton municipal limits. Urban scale development is only permitted within three
(3) miles of a municipal boundary or within a Coordinated Planning Agreement area. A referral from the
City of Brighton, dated June 24, 2024, indicated that urban services are available and adjacent to this site
Water and sewer service is available on Main Street in front of each property. The City of Brighton met
with the applicant but indicated that they would only be supportive of I-1 (Light Industrial) zoning in this
location. The City of Brighton indicated that I-1 zoning would limit outdoor storage to 100 percent of the
building area. The City of Brighton does not support rezoning within Weld County as this site has the
contiguity to annex and can be served by both public sewer and public water from the City of Brighton.
Mr. Gathman stated that under Section 23-2-30_A.1, adequate water and sewer service cannot be made
available to serve the site to serve the uses permitted within the proposed zone district. The site is currently
served via a permitted Division of Water Resources well permit for drinking and sanitary uses for a
commercial business. The wells cannot be used for outside irrigation and each is limited to 0.33 -acre feet.
Mr Gathman said that the Division of Water Resources referral stated that these wells cannot be used for
Industrial use until a revised permit or permits are first obtained. He added that because this is a change
of zone to Industrial, Industrial well permits would need to be obtained prior to recording this change of
zone plat instead of at the site plan review. use by special review or zoning permit stage. Industrial use
wells are not considered exempt wells and require augmentation. Mr. Gathman stated that therefore. the
County does not have evidence that adequate water can be obtained to serve the uses in the proposed
zone district.
The Department of Planning Services recommends denial of this application; however. if approved they
request to include conditions of approval.
1
Commissioner Edens asked what the zoning would be in order to operate oil and gas services without a
USR Permit Mr Gathman said it would be I-1 or 1-3 zoning He added that the applicant is requesting 1-2
zoning
Commissioner White said if approved then each individual business would be required to submit a site plan
Mr Gathman replied that is correct
Commissioner Beemer asked what the industrial zoning was approved without Brighton Mr Gathman said
that these were older cases and not sure if services were in the road
Tom Parko, Spruance Consulting, LLC, 1067 South Hover St, Longmont, Colorado, stated that he
represents the applicant Mr Eklund Mr Parko said that the City of Brighton mostly surrounds the property
on the east side and added that there are sites sounding the property that are zoned for industrial uses
He added that this areaisupports commercial and industrial type businesses
Mr Parko said that currently the site is permitted under a Use by Special Review Permit for oil and gas
support and service and the applicant would like to continue those uses and is requesting 1-2 zoning He
added that the applicant would like to have the opportunity for future uses such as outdoor storage
Mr Parko referred to the City of Brighton's current zoning in the vicinity He said that there are two (2)
properties zoned I-1 and 1-2 and directly to the east of this site is Vestas Mr Parko referred to the COZ22-
0013 case that was recently rezoned through the County
Mr Parko stated that there are two (2) commercial wells on the property He added that the Division of
Water Resources is not saying that just because you're zoning the property to 1-2 that you have to change
the use on the permits He said that what the referral is saying is that if Mr Eklund ever decided to put an
industrial type user out there that would go above and beyond the requirements that are in those well
permits then you would have to go through a change of use Mr Parko added that the permits are currently
approved for the commercial uses that are established out there now and in their opinion do not require a
change of use just because they are requesting to change the zoning on this property
Blair Eklund, 1334 Silver Rock Lane, Evergreen, Colorado stated that he started this process two (2) years
ago They believe it is compatible with the surrounding zoning and uses and also compatible with Weld
County's long-term plan of diversification of industries and employment Mr Eklund said that the site is
currently zoned agricultural but the area is not really agricultural He added that they have two (2) tenants
ready to move in but are waiting for this change of zone Mr Eklund said that they invested in the property
to bring it into compliance with installing stormwater berms and retention They also put in pavement and
have been approved according to the USR standards
Mr Eklund said that they strongly considered annexing into Brighton, however, they would not allow 1-2
zoning designations He added that annexation would take up to two (2) years and the impact fees would
cost over $1,000,000
Mr Eklund believes the wells are sufficient and they don't believe they would need additional water He
added that they believe the rezoning is compatible with the area
Mr Parko requested a favorable recommendation and believes that all five (5) criteria in the Weld County
Code have been met
Commissioner Palizzi asked if Brighton's biggest issue is with the outdoor storage Mr Eklund replied that
he believes it is Mr Palizzi asked if there is an opaque fence on site Mr Eklund said it is not an opaque
fence but said it is screened already
Mr Gathman said if this property is rezoned to Industrial that opens it up to a variety of uses in the industrial
zone district According to the State, if an industrial use goes in there they need a full use well He added
2
that means that they would possibly have to augment which is an entire process to do that Mr Gathman
said it is much more involved versus than being in ag and changing the uses under a USR Permit He
added that if the property is being rezoned to industrial, Staff will still request that evidence of water be
provided prior to the recording of the Change of Zone Plat
Commissioner White asked if this could be done at the site plan review process Mr Gathman said that it
should be done now because the concern is that with changing to industrial then somebody has the
expectation that they will be able to do all these industrial uses and then if they have to do a full use well
with augmentation that can take a lot of time and a lot of money so we don't want to set future buyers up
for expectations that are potentially not realistic
Commissioner Palizzi referred to the Division of Water Resources referral and believes that they are trying
to say that they can still use the wells for commercial use even if it is zoned industrial Mr Gathman said
that they can for the existing use, but the change of zone is for what may be going in there in the future
Commissioner White asked what the tugger would be to change the well permit Mr Gathman replied that
the State said that if it is an industrial use they will have to do a full use well with augmentation
Commissioner Edens said that she understands a commercial well does not allow for outside watering and
asked the applicant if they have looked into augmentation Mr Parko said that there are two (2) commercial
wells for the existing uses on site According to correspondence between staff and the Division of Water
Resources it says that just because the applicant is zoning to 1-2 doesn't mean he loses his commercial
wells on the property but rather that if there are uses that come in the future that require industrial type uses
then it would be repermitted for industrial use Mr Parko said that they believe they have adequate water
right now and any use that goes above and beyond that can be addressed through the site plan review
process
Commissioner Guderjahn referred to the email correspondence with the Division of Water Resources and
added that she doesn't see anything that the applicant can continue to use it with no other augmentation
She said that the way she understands this it does not say that you can continue to use these wells until
you prove that you are using it as an industrial use, but rather she reads it that if you get your water from
Brighton for the industrial use then you can continue to use those commercial wells
Commissioner Hammond agrees that there is a lot of industrial in the area However, he believes there is
an issue with water and believes that the applicant is rolling the dice a little bit He asked if they looked into
getting water from Brighton Mr Eklund said that they did but they would prefer to add augmentation via
the well for the easiest path forward
Commissioner Beemer referred to the Division of Water Resources referral and noted that it states that the
wells are limited to drinking and sanitary facilities so no matter what it would be rezoned to, they are still
limited to those wells and subject to what it can be used for She added that she feels the zoning doesn't
necessarily dictate what the wells can be used for Mr Gathman said that there are uses listed in the
agricultural zone district that are uses by right, uses under zoning permit, and uses under use by special
review permits He added that the State would be given a referral but they made it very clear that with this
change of zone industrial uses would require a new well permit and the existing exempt wells would not
suffice
Commissioner Wailes said that he is hung up as the Code reads that adequate water and sewer services
cannot be made available to the site to serve the uses permitted within the proposed zone district He said
that they have not ruled that it is impossible to do this and the applicant has stated that if necessary they
can do an augmentation plan on those wells Mr Wailes said that according to Item C that adequate water
and sewer service cannot be made to serve the uses permitted within the proposed zone district is false
because it can be made available, but it is whether or not the applicant wishes to do it at this time or at the
time of site plan review He added that those resources and that availability is there and does exist
3
Kann McDougal, County Attorney, stated that these are the requirements for the change of zone and added
that if public utilities are not to be used the applicant shall submit information that documents the availability
of water and suitability of the site for the sewage disposal system chosen by the applicant The evidence
shall document the adequacy of the proposed utility service for the uses permitted in the proposed zone
district Ms McDougal said that we have evidence that there is not adequacy right now for the proposed
uses and added that she believes there is an issue with that we are approving a change of zone, we don't
know what the use is going to be and it doesn't matter what the current use is It matters what the proposed
uses are and all the proposed uses under I-2, we don't have the adequacy from the State that says these
wells will do it She believes that there is a problem with compliance with the Weld County Code when it
comes to the change of zone
Commissioner Wailes asked what the evidence is Mr Gathman said that the application referred to the
two (2) exempt wells that they are going to use for this property Then we received the referral from the
State saying that won't work Mr Gathman added that the applicant did not talk about the option of getting
water from the City of Brighton or maybe a new augmented well
Commissioner White asked if industrial bathrooms are different than commercial bathrooms He said that
they are not proposing any new businesses but that is why we have the site plan review Commissioner
Guderjahn said it isn't bathrooms but uses in general and the things that are allowed She added that once
we change the zoning to industrial there are a lot more things that are allowed to be on that piece of property
automatically and you have to have proof that the water is there prior to building or developing
Mr Eklund said that the entire site is fully built out for oil and gas In order to add water taps or spigots they
would have to pull a permit and they believe the industrial uses in the office space is the use If someone
came in that needed additional industrial uses then they would have to go through a process with the County
and at that time they would have to review the water source
Commissioner Guderjahn asked that if the applicant is asking for approval for a change of zone for the
exact same thing that is already being used for why not stay with the zoning that is already there Mr
Eklund said that they have a vacancy and two prospective tenants that would lease the vacancy but it
wouldn't require any additional water relative to what they already have
Max Nader, Planning Services, stated that the request is to change the zoning from Agricultural to Industrial
Zoning He isaid the definitions of industrial and commercial for the state regarding the water is different
than our definition of commercial and industrial in the Weld County Code However, when you change the
zone to Industrial you are opening the door to industrial style uses You are not going to a change of zone
to industrial to do commercial uses If that were the case you would be proposing commercial zone district
and maybe the state's reaction would be a little different when it comes to the well and the usage of it Staff
is looking at this through a big picture and asked if we are setting up this property for future issues if it is
approved for industrial zoning without adequate water If they could connect with Brighton, that problem
would be resolved Mr Nader added that the surrounding area is Brighton and we want to create infill and
work with our municipalities He said that there are many different opinions regarding the adequacy of
water and at what process it should take place but at this time, Staff has presented the case to the Planning
Commission and we feel that there is not adequate water at this time for the proposed change to the
industrial zone district
Mr Parko said that they do believe there is adequate water and it is demonstrated through these well
permits as long as it is used for indoor use only He added that you could actually have an industrial user
come on the property and as long as all the industrial use is being used as indoor use only, those wells are
still sufficient
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 Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
4
Motion Forward Case COZ24-0005 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval
Michael Wailes made a motion of recommending approval citing Section 23-2-30 A 1 and said that the
properties are fully developed and the surrounding properties are industrial in nature and he believes the
existing USR supports the current and proposed use
With regard to Section 23-2-30 A 2 he believes that this is an industrial neighborhood and is located in an
opportunity zone and the compatibility is already established as Brighton's future land use map supports it
With Section 23-2-30 A 3, Mr Wailes said that the current well permits are acceptable and adequate for
the planned and existing uses Future use can be addressed through a site plan review permit, otherwise,
he feels that it puts an undue burden on the applicant to change a well that currently isn't needed
In regard to Section 23-2-30 A 4 and Section 23-2-30 A 5 Mr Wailes believes there are no impacts to these
sections and it doesn't apply to this application
Michael Palizzi seconded the motion, citing Section 23-2-30 A 1 and said he believes it does fit well Mr
Palizzi referred to Section 23-2-30 A 3 and said that he thinks there are multiple options that can be made
available to serve these uses as is
The Chair called for the vote
Vote Motion passed (summary Yes = 5, No = 2, Abstain = 0)
Yes Barney Hammond, Cindy Beemer, Michael Palizzi, Michael Wailes, Pamela Edens
No Butch White, Virginia Guderjahn
Commissioner Guderjahn cited Section 23-2-30 A 1 and referred to Staffs point that we are trying not to
create pockets and this area is well within Brighton's area and believes it would be better addressed through
Brighton's process With regard to Section 23-2-30 A 3, Ms Guderjahn is not in agreement with the
applicant that there is adequate water and feels that the Division of Water Resources states as permitted
these wells would not be allowed for industrial uses unless a permit allowing such is first obtained
Commissioner White said that he believes we are creating a pocket as well and that's why we have these
Intergovernmental Agreements with the municipalities He finds the whole water question is something that
we need to work on because he doesn't understand the different types of wells and feels that there is
availability of water but it needs to go before the site pan review process
Meeting adjourned at 5 07 p m
Respectfully submitted,
Kristine Ranslem
Secretary
5
ATTENDANCE RECORD
NAME
- PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIt
John
e
123
Nowhere
Street,
City,
State,
Zip
.t.„4.,,t_ "rater
a (r< 5-2.- Cayce 1 4 5063 /
-a:// C
X31
/ Ceille°19 frifilee
die -r.
ijiiul4C
C_ 1Z
/DMA ODD c athOOGM-s
it4177 Diu
•
(A-i-el4Aitt-a-4,_
I t31 1 SA2-a-Ckri c •os-- (.1--)
CC)
O
Lobtatriet-tx‘it_ 6,:niAitiSitn_SML
4-- be 1&__01.24(3
&
an
%D 4t `/OZ et: c Cv COs/G
Crs /`Zc iru', Wei Ukl
piphr t 54l CZo/
i c.ae/;c
6
Il17o ../.FOE 5t, 4/is-Aye-fart co j-Lc7G
,%•,clri cits
jLo4Aecrisi.rnC
-Lc1.1rik
T�MvrHr
UHlZ1K
3L0't'Lj,4JCOL/J /i WE, Learn-AAACOY0537
hirco�,
5Kieo, 1 --4q Gal L
.
s5
heCx
GJ
vloCo
ed+ocfrtt1/4
2125 4Itt.
Ctciv4
Ujil r‘c,Sd( (nosG'
,
i“7 S.
0 0
\33'-t S)Vitsii C2akLrJ
v
vc�, LA Fro
tes
Ma;
ir ;id
u.,44,d1
Btai*v@ets
..c
.1a i u�
au)
hd.ct
frvJPvcn
3oroc
isri
etw Gf\vsruu
et 9
c Q 54
Hello