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Commission denies rezoning and freshwater-pond proposal after neighbor noise and proximity concerns
Summary
The planning commission denied a request to rezone a 10-acre parcel to Agricultural and the associated conditional-use permit for a freshwater pond proposed by Cherry Creek Water; a nearby resident cited anticipated noise from existing and planned oilfield activity and the panel voted to deny both items.
The Williams County Planning and Zoning Commission denied a request to rezone a 10-acre parcel to Agricultural zoning and denied an associated conditional-use permit to construct a freshwater holding pond proposed by Cherry Creek Water on behalf of Benjamin Schmidt and Try D Ranch LLP, a planning staff member said. Commissioners cited neighbor objections about noise and proximity to residences.
The project as presented included a proposed freshwater pond sited on two parcels (MS 22-0001 and MS 22-0002) in Section 2, Township 156 North, Range 98 West (Wheelock Township). Planning staff said the applicant planned to re-subdivide parcels so the pond would be contained on its own lot; staff materials described an approximately “1,440,000 lined earth and burned freshwater pond” on the combined parcels. The record did not specify the unit for the “1,440,000” figure in staff notes and the commission asked for clarification of that numerical value.
A nearby resident, Ryan Roerbach, told the commission he can see the site from his bedroom window and that he does not want more noise in his neighborhood. “I really don’t want all the noise there,” Roerbach said. The applicant’s representative, Matt Odegard of Cherry Creek Water, said the pond would be filled by a pipeline that aggregates sources and that the company plans to use electric pumps where possible to reduce noise as electrical service is brought to the site.
Commissioners held separate motions for the rezoning and the conditional-use permit. The rezoning motion was put to a roll call and failed on a majority vote; because the rezoning failed the proposed pond use was not allowable in the existing rural-residential zone and the commission subsequently denied the permit application as well. Commissioners noted that the planning board is a recommending body and that the matter will be forwarded to the county commission as the next step in the permitting process.
The board recorded public concerns about noise from existing pumping units and recent well pads in the area; the applicant said some equipment would be electric and that the pipeline for water would run about 19 miles to the site. Commissioners did not approve the rezoning or the conditional-use permit.
