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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR13-0008
APPLICANT: ANNA LEE ZIMBELMAN, C/O ANADARKO E&P ONSHORE LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND
SERVICE (WATER PUMP STATION AND WATER SUPPLY & STORAGE) AND ONE
(1) LESS THAN SEVENTY-FOOT IN HEIGHT [65 FOOT] COMMUNICATIONS TOWER
IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2SE4 SECTION 22, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO
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
23-2-260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect.
Section 22-2-20.C. 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." The proposed facility will utilize water leased from Front Range
Resources (Renew Resources) in 5 -year increments. Delivery of the water
will be via a single 20 inch waterline feeding the twin water storage tanks,
buried at a minimum depth of 4 feet outside the County Road right-of-way in
an easement obtained from the adjacent landowners. The State Engineer,
Division of Water Resources has permitted all of the wells utilized in the
Anadarko/ Kerr-McGee lease. The Lost Creek Basin ground water wells
[1775-RFP, 1827-RFP, 4497-RFP. 8499-RFP, 11041-RFP, 12872-RFP,
31562 -FP, and 31596 -FP] are permitted through the Division of Water
Resources for municipal, commercial and other uses as defined by the State
Engineers Office.
Section 22-2-20.G. A.Goal 7. states "County land use regulations should protect
the individual property owner's right to request a land use change."
Section 22-2-20.G. 1. A.Policy 7.1. states "County land use regulations should
support commercial and industrial uses that are directly related to, or dependent
:2o/3 -,rata
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Anadarko E&P Onshore, LP
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upon, agriculture, to locate within the agricultural areas, when the impact to
surrounding properties is minimal, or can be mitigated, and where adequate
services are currently available or reasonably obtainable. The proposed water
storage facility will assist with Anadarko's drilling operations in the Wallenberg
Field and will supply water for the drilling and hydraulic fracturing of oil and gas
wells in the area.
Section 22-2-80 D. (.Goal 4. of the Weld County Code states: "All new industrial
development should pay its own way." Anadarko Petroleum Corporation, their
affiliates and successors will be paying for all on -site and offsite improvements
associated with this use as required through the Improvements Agreement.
Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is
put to beneficial use, along with associated infrastructure." The proposed water
storage and water conveyance piping network will provide a valuable and
indispensable service to oil and gas operations conducted by Anadarko. The
centralized location for water storage minimizes the removal of agricultural land
from production.
Section 22-4-30.A. 1. WA. Policy 1.1. Acknowledge a water right as real
property that is held by the individual or entity that has developed or
maintained the water decree." The State Engineer, Division of Water
Resources has permitted eight wells for municipal, commercial and other
uses.
Section 22-4-30.A. WA.Goal.2 states "Strive to maintain and protect water
supply storage facilities, conveyances and infrastructure adequate to sustain
continued water use." The allocation of groundwater and installing a pipeline
to transfer groundwater to a water storage structure centrally located is an
appropriate use in an agricultural area. In fact, the proposed use would
ultimately reduce the impacts of oil and gas operations in the area because
utilizing groundwater for production would generate less traffic, noise, dust,
traffic and waste.
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should
protect the rights of private property owners and the public health, safety and
welfare, recognizing that these basic rights and protections allow the free market
to prosper and grow the local economy.
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 a Mineral Resource Development Facility including Oil and Gas
Support and Service (Pump Station and Water Supply & Storage) and Section
23-3-30.P for one (1) less than seventy-foot in height communications tower, [65
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foot tower] 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 facility is located on a 77.29 acre tract of
land that was most recently utilized for production agriculture. In the immediate
area, there are large tracts of production agriculture including center pivots with
limited residential development. There are five residential structures within 500
feet of the property line, all associated with agriculture, The Planning Office
received a letter from a surrounding property owner, who indicated that she
wanted to see mountains from her window, not tanks. Representatives from
Anadarko met with the concerned property owner and her concerns have been
addressed, as the location of the water tanks will not restrict her view of the
Front Range and mountains. Development Standards and Conditions of
Approval will ensure that this use will be compatible with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning
and with the future development as projected by Chapter 22 of the Weld County
Code and any other applicable code provisions or ordinances in effect, or the
adopted Master Plans of affected municipalities. The site is located within the
three (3) mile referral for the Town of Keenesburg which returned indicating no
conflict with their interests. In a second referral response received May 2, 2013
from the Southeast Weld Fire District, Chief Beach requested that Anadarko
work with the fire district and install fire hydrants at specific locations along their
pipeline. In response to Chief Beach's request, Anadarko E & P Onshore, LP in
a letter to Planning staff dated May 13, 2013 stated "Anadarko Petroleum
Corporation has reviewed the request from Southwest Weld Fire Protection
District as to whether the water pipeline, associated with the proposed pump
station, could accommodate the installation of fire hydrants. Unfortunately this
high pressure water transportation line is not (wholly) owned by Anadarko nor is
it designed to handle the requested hardware. The line is a private line pumping
water designated for industrial use. The pipeline and associated equipment is
specifically designed to pump intermittently as needed for operations; therefore,
it may not have the necessary capacity in an emergency situation. Because the
presence of fire hydrants establishes an expectation of service that may not be
available; Anadarko is unable to accommodate the fire districts request."
E. Section 23-2-220.A.5 -- The application complies with Section 23, Article 5 of the
Weld County Code. The existing site is not within a recognized overlay district,
including the Geologic Hazard, Flood Hazard or Airport Overlay District. The
existing site is within the County Road Impact Fee Area and the Capital
Expansion Impact Fee area.
Building Permits issued on the proposed lot will be required to adhere to the fee
USR13-0008
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structure of the County -wide Road Impact Fee Program.
Building Permits issued on the proposed lot, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Program.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on soils designated as "Prime" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The recently
acquired property did not receive water rights from the Henrylyn water district, as
the water rights were retained by the seller. The applicant has indicated that the
approximate three (3) acre site will be removed from agricultural production, with
the remaining lands maintained for a buffer from adjacent properties.
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 the health, safety, and welfare of the inhabitants
of the neighborhood and County.
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This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
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. All sheets of the plat shall be labeled USR13-0008. (Department of Planning
Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning
Services)
2) County Road 69 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full build out. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. 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. This road is maintained by
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Weld County. (Department of Public Works)
3) The facility has proposed one access for the site. Please show the
approved access on the Plat and label it with the Access Permit
number AP13-00084. (Department of Public Works)
4) All approved accesses shall be clearly shown on the plat. The
applicant shall contact the Weld County Department of Public Works
to determine if a culvert is necessary at any approved road access
point. If a drainage culvert is required, it must be sized appropriately
per Weld County Code and criteria. (Department of Planning
Services)
5) The applicant shall identify the 30 -foot pipeline easement from County
Road 18 into the proposed facility. The pipeline easement shall be
referenced on the plat by the Weld County Clerk and Recorders
reception number. (Department of Planning Services)
6) If exterior lighting is a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld
County Code. (Department of Planning Services)
7) Delineate the water quality feature on the plat and label as "No
Build/Storage Area". Label the volume of the water quality feature on
the plat. (Department of Public Works)
8) Oil and Gas encumbrances including appropriate setbacks shall be
delineated on the plat. (Department of Planning Services)
9) All recorded Easements of record which encumber this site shall be
delineated and referenced on the plat by the Weld County Clerk and
Recorders reception number. (Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Division of
Water Resources, as stated in their referral response dated March 4, 2013.
(Division of Water Resources Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three
(3) paper copies or one electronic (.pdf) of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the plat, the
applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by 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 one hundred twenty (120) days from the date of the Board of County
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Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30, 2012,
should the plat not be recorded within the required one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period. (Department of Planning Services)
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 mapsco.weld.co.us.
(Department of Planning Services
5. Prior to the Release of Building Permits:
A. A building permit application must be completed and two complete sets of
plans including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A
geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
B. 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: 2012 International Building Code; 2012
International Mechanical Code; 2012 International Plumbing Code: 2006
International Energy Code; 2012 International Fuel Gas Code; 2011 National
Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
C. Building height shall be measured in accordance with the 2012 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 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)
D. Building permits may be required for buildings, structures and change of use
for buildings which required permits before the beginning of construction or
the proposed change of use. (Department of Building Inspection)
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E. A building permit may be required for any new construction, alteration, or
addition to any building on the property. It is recommended that a code
analysis be done on the project by a design professional with experience in
this area. (Department of Building Inspection)
F. A building plan review shall be approved and a building permit must be
issued prior to the start of construction. (Department of Building Inspection)
G. A letter may be required from the Southeast Weld Fire Protection District as
to whether a fire permit may be required. (Department of Building Inspection)
6. One month prior to the start of construction:
A. Contact the Public Works Utility Coordinator for a Right -of -Way permit for
any work that may be required in the County Right -of -Way. A special
transport permit will be required for any oversized or overweight vehicles that
may access the site during construction. (Department of Public Works)
B. In the event that 1 or more acres are disturbed during the construction
and development of this site, the applicant shall obtain a stormwater
discharge permit from the Water Quality Control Division of the Colorado
Department of Public Health and Environment. (Department of Public
Works)
C. If more than 1 acre is to be disturbed, a grading permit will be required prior
to the start of construction. The grading permit application must contain: an
erosion and sediment control plan, a grading plan, installation details of all
BMPs to be utilized, typical installation and maintenance notes for all BMPs
to be utilized, and a copy of the approved CDPHE stormwater permit.
Evidence of Department of Public Works approval shall be submitted in
writing to the Weld County Department of Planning Services. (Department of
Public Works)
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Motion seconded by Bill Hall.
VOTE:
For Passage
Bill Hall
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage Absent
Robert Grand
Benjamin Hansford
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, Tonya Johnson, 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 May 21, 2013.
Dated the 21st of May, 2013.
Date: 2013.05.28
(44O-1-e,O9:49:51 -06'00'
Tonya Johnson
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anadarko Petroleum Corporation
USR13-0008
1. A Site Specific Development Plan and a Use by Special Review Permit USR13-
0008 is for Mineral Resource Development including Oil and Gas Support and
Service (Water Pump Station and Water Supply & Storage) and one (1) less than
seventy-foot in height communications tower, [65 foot tower] in the A (Agricultural)
Zone District 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination. (Department of Public Health and Environment)
4. 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, 30-20-100.5, C.R.S., as
amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment). The applicant
shall operate in accordance with the approved Waste Handling Plan at all times.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in
accordance with the approved "dust abatement plan", at all times. (Department of
Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
(Department of Public Health and Environment)
8. 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 to the facility's stormwater management
system, in accordance with the Rules and Regulations of the Colorado Water
Quality Control Commission, and the Environmental Protection Agency.
{Department of Public Health and Environment)
9. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. As employees or contractors
are on site for less than 2 consecutive hours a day portable toilets and bottled
USR13-0008
Anadarko E&P Onshore, LP
Page 10
water are acceptable. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
(Department of Public Health and Environment)
10. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code (Department of Public Health and
Environment)
11. There shall be no parking or staging of vehicles on County roads. (Department of
Public Works)
12. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a
maximum height of 12 inches until the area is completely developed. (Department
of Public Works)
13. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm run-off.
(Department of Public Works)
14. The applicant must take into consideration storm water quality and provide
accordingly for best management practices. (Department of Public Works)
15. Weld County will not maintain on -site drainage related areas. This must be
addressed by the owner. (Department of Public Works)
16. Contact the Public Works Utility Coordinator for a Right -of -Way permit for any work
that may be required in the County Right -of -Way. A special transport permit will be
required for any oversized or overweight vehicles that may access the site during
construction. (Department of Public Works)
17. In the event that 1 or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a stormwater discharge permit
from the Water Quality Control Division of the Colorado Department of Public
Health and Environment. (Department of Public Works)
18. If more than 1 acre is to be disturbed, a grading permit will be required prior to the
start of construction. The grading permit application must contain: an erosion and
sediment control plan, a grading plan, installation details of all BMPs to be utilized,
typical installation and maintenance notes for all BMPs to be utilized, and a copy of
the approved CDPHE stormwater permit. Evidence of Department of Public Works
approval shall be submitted in writing to the Weld County Department of Planning
USR13-0008
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Page 11
Services. (Department of Public Works)
19. This is an unmanned facility with no personnel on site for periods exceeding two
hours except in case of emergency. (Department of Planning Services)
20. This facility operates twenty-four hours/day 365 days per year. (Department of
Planning Services)
21. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use on
the adjacent properties; and Neither direct nor reflected light from any light source
may create a traffic hazard to operators of motor vehicles on public or private
streets and no colored lights may be used which may be confused with or construed
as traffic control devices. (Department of Planning Services)
22. Building Permits issued on the lot will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program. (Ordinance 2011-2) (Department of
Planning Services)
23. Building Permits issued on the lot, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
(Department of Planning Services)
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24. A building permit application must be completed and two complete sets of plans
including engineered foundation plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. A geotechnical
engineering report performed by a registered State of Colorado engineer shall be
required. (Department of Building Inspection)
25. Buildings, equipment 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: 2012 International Building Code; 2012 International
Mechanical Code; 2012 International Plumbing Code: 2006 International Energy
Code; 2012 International Fuel Gas Code; 2011 National Electrical Code; 2009
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
26. Building height shall be measured in accordance with the 2012 International
Building Code for the purpose of determining the maximum building size and height
for various uses and types of construction and to determine compliance with the
Bulk Requirements from Chapter 23 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)
27. A letter is required from the Southeast Weld Fire Protection District as to whether a
fire permit will be required. (Department of Building Inspection)
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28. 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)
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, of the 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, of the Weld County Code. (Department
of Planning Services)
31. 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)
32. 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. (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)
34. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users into
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a rural area. Well -run agricultural activities will generate off -site impacts, including
noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust
from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife;
and the use of pesticides and fertilizers in the fields, including the use of aerial
spraying. It is common practice for agricultural producers to utilize an accumulation
of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual
disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S.,
provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It
is unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square
miles in size (twice the size of the State of Delaware) with more than three thousand
seven hundred (3,700) miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is
usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for
several days after a major snowstorm. Services in rural areas, in many cases, will
not be equivalent to municipal services. Rural dwellers must, by necessity, be more
self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sandburs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but
also for the protection of the farmer's livelihood.
PC5ntum
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 21, 2013
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Absent/Excused: Benjamin Hansford.
Also Present: Kim Ogle and Tiffane Johnson, Department of Planning Services; Jennifer Petrik and Heidi
Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe,
County Attorney, and Tonya Johnson, Secretary.
Motion: Approve the May 7, 2013 Weld County Planning Commission minutes, Moved by Robert Grand,
Seconded by Bill Hall. Motion passed unanimously.
CASE NUMBER: USR13-0008
APPLICANT: ANNA LEE ZIMBELMAN, C/O ANADARKO E&P ONSHORE LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER PUMP STATION AND WATER SUPPLY &
STORAGE) AND ONE (1) LESS THAN SEVENTY-FOOT IN HEIGHT [65 FOOT]
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2SE4 SECTION 22, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO
Kim Ogle, Planning Services, presented Case USR13-0008, reading the recommendation and comments
into the record. Mr. Ogle stated one letter was submitted from a surrounding property owner, Rosemary
Bonds, stating her concern is she would like to see the mountains from her property not tanks. He further
stated representatives from Anadarko Petroleum have met with the concerned property owner and her
concerns have been addressed, stated the position of the water tanks will not restrict her view of the front
range and mountains. Mr. Ogle stated the South East Weld Fire District responded with a comment on
the referral requesting Anadarko work with the Fire District to install fire hydrants in specific locations
along the their pipeline. Mr. Ogle stated Anadarko has submitted a letter back to the fire district speaking
on this issue. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light stated Development Standard number eight (8) can
be deleted due to the standard not applying to this case and Development Standard number five (5) there
needs to be an additional sentence added stating "The applicant shall operate in accordance with the
approved Waste Handling Plan at all times". Roll call vote was taken and passed.
Motion: Amend Development Standard number 5 to include additional sentence and to Delete
Development Standard number 5 as per staff recommendation, Action: Approve, Moved by Robert
Grand, Seconded by Bill Hall. Motion passed unanimously.
030/5-AQ ai
Nathan Keiser, Anadarko Petroleum, 1099 181h Street, Ste 1800, Denver Colorado 80202, stated he
would like to give a brief overview of the water pumping station facility and how it fits in with Andarko's
water network in Weld County. This facility is considered the greater overall network in Weld County,
which one of the primary goals of the water network is to get truck off the roads. Mr. Keiser stated this
facility specifically supports and will support the existing and future completions and drilling operations by
allowing Anadarko to pump water to various locations throughout Weld County. The hope of this water
network is to reduce truck 500-900 round trip truck trips per individual well. Mr. Keiser stated the water will
be pumped and stored at the facility in above ground tanks, and will then be pumped on an as needed
basis to the Gobbler Water Storage Facility (USR12-0051) which is 18 mile away. This is also part of the
20 mile underground water piping network. The site is zoned for Agricultural use, and based on the needs
and demands Anadarko feels two above ground water tanks each with the capacity of 10,000 barrels or
42 gallons will be sufficient. There will also be a pump building which will contain four electric pumps, the
building will be insulated for noise control, there will also be a communications tower that is connected to
the building which will allow Anadarko to operate the site remotely. Mr. Keiser stated the site will operate
24/7 hours a day, will be fenced in for security with gated access, and will have security lights that will be
down cast and shield to reduce the impact to surrounding property owners.
In response to Commissioner Grand, Mr. Keiser stated the request by Chief Beach, Southeast Weld Fire
Protection District, to install fire hydrants at said locations along the pipeline is difficult to accommodate
for multiple reasons; first, being due to the water running intermittently and on an as needed basis the
water wouldn't always be available with hydrants; secondly, Anadarko feels because of the fact the water
wouldn't always be available there is a greater liability that they are not willing to take on and accept. He
further stated Anadarko is willing to meet with Chief Beach to explore options of storage of other chemical
or retardants of some sort.
•
In response to Commissioner Lawley, Mr. Keiser stated Anadarko has not met with Chief Beach at this
time; however, they have sent a written response in regards to his letter stating they are unable to
accommodate the liability of the hydrants.
Commissioner Hall asked if it is common to require fire hydrants in an area where there are only tanks.
Commissioner Lawley stated he cannot speak for Chief Beach, but looking at the letter Commissioner
Lawley thinks maybe Chief Beach thinks this may be an opportunity to address some other fire protection
concerns along the pipeline due to the length of the route. Commissioner Lawley stated he is not sure if
this a common request; however, for this project he believes the applicant needs to address public safety
issues relevant to their project.
Commissioner Grand asked if it would be unreasonable to suggest to the applicant before the Board of
County Commissioner hearing subject to what is approved that a discussion be held with Chief Beach so
that Chief Beach can respond appropriately at the BOCC hearing. Commissioner Lawley stated he
believes the Planning Commission Board has always encouraged the applicant to take the steps
necessary to work with public concerns and does believe the applicant in this case is willing to have the
conversations needed.
In response to Chair Maxey, Mr. Keiser stated the water tanks are coned shaped at the top, with a height
between 18 and 22 feet and the base being 50 feet. He further stated Anadarko's Surface Land group
has met with the owner of the property that had the concern of the obstructed view and looked at where
the water tanks will be and measured out the area and confirmed they would be beyond her view of the
mountains.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
•
•
Motion: Forward Case USR13-0008 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Commissioner Jemiola, Seconded by Commissioner Hall.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
No: Robert Grand.
Comment: Commissioner Berryman and Chair Maxey stated they would advise the
discussion with Chief Beach before the Board of County Commissioners hearing so
finalized at that time.
Comment: Commissioner Grand stated he is voting no due to the participation of Fire
the SEWFD should have received a little more attention from the applicant.
Meeting adjourned at 2:45 pm.
Respectfully submitted,
Date: 2013.05.23
tn
13:57:00 -06'00'
Tonya Johnson
Secretary
applicant to have a
this concern can be
Chief Beach and
rapinkirs
5-7-13
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 7, 2013
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman,
Robert Grand.
Absent/Excused: Bret Elliott, Mark Lawley.
Also Present: Kim Ogle, Diana Aungst, and Tom Parko, Department of Planning Services; Don Carroll
and Heidi Hansen, Department of Public Works; Lauren Light and Troy Swain, Department of Health;
Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 16, 2013 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Bill Hall. Motion passed unanimously.
CASE NUMBER: USR13-0008
APPLICANT: ANNA LEE ZIMBELMAN, C/O ANADARKO E&P ONSHORE LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND
GAS SUPPORT AND SERVICE MATER SUPPLY & STORAGE AND PUMP
STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: E2SE4 SECTION 22, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 18; WEST OF AND ADJACENT TO CR
69.
Kim Ogle, Planning Services, stated that the applicants are requesting a continuance to the May 21, 2013
Planning Commission hearing to address the addition of a 65 foot communications tower to their current
application for an oil and gas support and service facility. Staff is in support of this request.
Motion: Continue Case USR13-0008 to the May 21, 2013 Planning Commission hearing, Moved by Bill
Hall, Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR13-0010
APPLICANT: JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RV & BOAT STORAGE, MINI -STORAGE, RV CAMPING, AND
COMMERCIAL TRACTOR TRAILER STORAGE) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A and B of RECX13-0008; PT SW4 SECTION 24, T1N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: NORTH AND ADJACENT TO CR 6 AND APPROXIMATELY .5 MILES WEST
OF CR 13 (COLORADO BLVD).
Diana Aungst, Planning Services, presented Case USR13-0010, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
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