HomeMy WebLinkAbout20131263.tiffWELD COUNTY
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Planner:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: May 21, 2013
Case Number: USR13-0008
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel
Anadarko E & P Company, LP
1099 18th Street, Denver, Colorado 80202
A Site Specific Development Plan and a Special Review Permit 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
E2 SE4 Section 22, T2N, R63W of the 6th P.M., Weld County Colorado
North of and adjacent to County Road 18; West of and adjacent to County Road 69
77.29 Acres +/- Parcel No. 1303-22-4-00-019
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
State of Colorado, Division of Water Resources referral dated March 4, 2013
Weld County Department of Public Health and Environment referral dated March 11, 2013
Weld County Department of Building Inspection referral dated March 27, 2013
Weld County Department of Public Works referral dated March 28, 2013
Southeast Weld Fire Protection District referral dated May 2, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance referral dated March 1, 2013
Colorado Parks and Wildlife referral dated March 1, 2013
Southeast Weld Fire Protection District referral dated March 4, 2013
Town of Keenesburg referral dated March 13, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
School District RE -3J
Front Range Resources
Weld County Sheriff's Office
Colorado Department of Public Health and Environment
ANADARKO E&P COMPANY, LP.
USR13-0008, page 1
WELD COUNTY
Planner:
Case Number:
Applicant:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle Hearing Date: May 7, 2013
USR13-0008
Anadarko E & P Company, LP
1099 18th Street, Denver, Colorado 80202
Request: A Site Specific Development Plan and a Special Review Permit 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
Legal
Description: E2 SE4 Section 22, T2N, R63W of the 6th P.M., Weld County Colorado
Location: North of and adjacent to County Road 18; West of and adjacent to County Road 69
Size of Parcel: 77.29 Acres +/- Parcel No. 1303-22-4-00-019
SUMMARY OF USE: The proposed water storage facility will utilize water leased from Front Range
Resources (Renew Resources). Delivery of the water will be via a single 20 inch waterline feeding the two
storage tanks, buried at a minimum depth of 4 feet outside of the County Road right-of-way in an easement
obtained from the adjacent landowners. The facility is proposed to operate 24 hours — 7 days a week and will
be utilized by Anadarko and their contractors only.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff 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
ANADARKO E&P COMPANY, LP.
USR13-0008, page 2
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 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 Wattenberg Field and will supply water for the drilling and hydraulic fracturing of oil and
gas wells in the area.
Section 22-2-80 D. I.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 foot tower] as a Use by Special Review in the A (Agricultural)
Zone District.
ANADARKO E&P COMPANY, LP.
USR13-0008, page 3
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 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.
ANADARKO E&P COMPANY, LP.
USR13-0008, page 4
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 Department of Planning Services' staff 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 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)
ANADARKO E&P COMPANY, LP.
USR13-0008, page 5
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 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
senttomaps@co.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)
ANADARKO E&P COMPANY, LP.
USR13-0008, page 6
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)
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)
ANADARKO E&P COMPANY, LP.
USR13-0008, page 7
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)
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 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
ANADARKO E&P COMPANY, LP.
USR12-0051, page. 8
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 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
ANADARKO E&P COMPANY, LP.
USR12-0051, page. 9
Services)
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)
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
ANADARKO E&P COMPANY, LP.
USR12-0051, page. 10
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 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, sand burs, 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.
ANADARKO E&P COMPANY, LP.
USR12-0051, page. 11
April 04, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
KEISER NATHAN
ANADARKO E&P ONSHORE LP
1099 18TH ST STE 1800
DENVER, CO 80202
Subject: USR13-0008 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND
SERVICE (WATER SUPPLY & STORAGE AND PUMP STATION) IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s) of land described as:
E2SE4 SECTION 22, T2N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 29, 2013 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases-org
If you have any questions concerning this matter, please call.
Respectfully,
14 -
Kim Ogle
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.04.04 09:54:14 -06'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
February 28, 2013
KEISER NATHAN
ANADARKO E&P ONSHORE LP
1099 18TH ST STE 1800
DENVER, CO 80202
Subject: USR13-0008 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND
SERVICE (WATER SUPPLY & STORAGE AND PUMP STATION) IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s) of land described as:
E2SE4 SECTION 22, T2N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Keenesburg at Phone Number 303-732-4281
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully, G
J
Kim Ogle
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.02.28 16:03:31 -07'00'
u
MEMORANDUM
To: Planning Commissioners
From: Kim Ogle
Subject: Staff initiated Continuance Request
USR13-0008, Anadarko E & P Company, LP
Date: May 7, 2013
The Department of Planning Services on behalf of the applicant, Anadarko E & P Company, LP
are requesting a two week continuance until May 21, 2013 to address the addition of a 65 foot
communications tower to their current application for an Oil and Gas Support and Service
(Water Pump Station and Water Supply & Storage) Facility.
We request your support in this request.
SGNVICq ItAMWORK, IN ILGNI IY QUALITY
FIELD CHECK
Inspection Date: APRIL 24, 2013
Planner:
Case Number:
Applicant:
Kim Ogle
USR13-0008
ANADARKO E & P COMPANY, LP
1099 18th Street, Denver, Colorado 80202
Hearing Date: May 7, 2013
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development including Oil and Gas Support and Service (WATER PUMP STATION AND
WATER SUPPLY & STORAGE) in the A (Agricultural) Zone District
Legal
Description: E2 SE4 Section 22, T2N, R63W of the 6'" P.M., Weld County Colorado
Location: North of and adjacent to County Road 18; West of and adjacent to County Road 69
Size of Parcel: 77.29 Acres +/-
Parcel No. 1303-22-4-00-019
Zoning
Land Use
N
AGRICULTURE
N
Production Agriculture/ Residential
E
AGRICULTURE
E
Production Agriculture/ Residential
S
AGRICULTURE
S
Production Agriculture/ Residential
W
AGRICULTURE
W
Production Agriculture/ Residential
Comments:
Vacant ground old agriculture production. Overhead Transmission line flanking the eastern property
line; Irrigation Ditch adjacent to south property line. Single family residences to the west, east and
north, relatively close to project site. Tank development will not affect view corridors.
County Road 69 local gravel road and CR 18 local paved road
Signatufej Kim Ogle
Hello