HomeMy WebLinkAbout20123284.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, 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: USR12-0051
APPLICANT: ANADARKO E&P COMPANY LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND
GAS SUPPORT AND SERVICE FACILITY (WATER SUPPLY AND STORAGE), IN THE
A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART E2 SECTION 23, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 20; NORTH OF AND ADJACENT TO CR 18
AND 1 .5 MILES EAST OF CR 31 .
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.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 excess water leased in 5-year
increments, from the City of Aurora, Prairie Waters Project operations. The lease is temporary
and would utilize excess water supply that allows the City of Aurora to efficiently manage the
water system while realizing the value for excess water. The lease is for 1500 acre-feet of fully
consumable water most typically reusable effluent with water delivery evenly distributed through
the water year, either in the main stem of the South Platte River or through temporary use of
water to be stored in Aurora's storage facilities. Additionally, 1200 acre-feet of water has been
leased from Front Range Resources (Renew Resources). Delivery of the water will be via two 20
inch lines feeding the pond, buried at a minimum depth of 4 feet outside the County Road right-of-
way in an easement obtained from the adjacent landowners. The existing water tap will be a 1 .5
inch water tap that will be upsized to a four (4) inch tap. The holding pond will be approximately
5.5 acres in size and will hold an estimated sixty (60) acre feet of water.
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 22-2-20.G. 2. A.Policy 7.2. states "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area that
can support such development, and should attempt to be compatible with the region." The
EXHIBIT
2
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• RESOLUTION USR12-0051
ANADARKO E&P COMPANY LP
PAGE 2
proposed facility is located approximately one(1)mile north and one mile southwest of the City
of Fort Lupton and is bordered by County Road 20 to the North, County Road 18 to the South
and 1.5 miles East of County Road 31. The facility will be located on a 320-acre parcel formerly
utilized as the Warren Turkey Farm. The reclaimed site will utilize treated water released from
the holding pond, pumped via pipeline to individual oil and gas operation areas for use.
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 22-6-20.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(Water Supply&Storage)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 320 acre tract of land that was most recently
utilized for the Warren Farms 75,000 turkey facility. The Aristocrat Ranchettes residential
subdivision is located approximately one-half mile to the southwest with all other lands in dryland
agriculture and grazing lands. There are numerous existing oil and gas facilities and an equal
number of new well sites with associated encumbrances proposed per the Colorado Oil and Gas
Conservation Commission electronic data file. In the immediate area,there are three residential
structures within 500 feet of the property line, with higher density development one-half mile
(Aristocrat Ranchettes). 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 3-mile referral for the City of Fort Lupton which did not return a referral
response.
E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic 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.
Effective April 25,2011,Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
411
RESOLUTION USR12-0051
• ANADARKO E&P COMPANY LP
PAGE 3
Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
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 if they become Irrigated" and "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.The entire site has historically
been the Turkey Farm, originally permitted in 1977 and recently vacated by Board of County
Commissioner Resolution. The applicant has indicated that the approximate six(6)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 health, safety, and
welfare of the inhabitants of the neighborhood and County.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission 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 USR12-0051. (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 20 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) County Road 18 is designated on the Weld County Road Classification Plan as a
local paved 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)
4) The facility has proposed one access for the site. Please show the approved access
on the Plat and label them with the Access Permit number (will be provided).
(Department of Public Works)
5) Show and label the 30 foot wide facility access road from County Road 20 shall be
graded and drained to provide all-weather access with a minimum width of 20 feet
for emergency responders shall be shown clearly on the plat. (Department of Public
• Works)
RESOLUTION USR12-0051
• ANADARKO E&P COMPANY LP
PAGE 4
6) A vehicle tracking control pad consisting of a minimum of 50-feet in length,20 feet in
width,3/4-inch rock,6-inches in depth(Field Access to Gravel County Road)will be
required to prevent tracking of material from the site in the way of mud or debris onto
Weld County Roads. The Public Works standard tracking pad detail consists of
back to back cattle guards.This site specific feature shall be delineated on the plat
drawing across all traffic lanes. (Department of Public Works)
7) 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, a 15 inch
Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant
chooses to place a larger culvert please contact the Weld County Department of
Public Works to adequately size the culvert. (Department of Planning Services)
8) The applicant shall identify the 50-foot pipeline easement from County Road 20 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)
9) It is requested that the applicant screen at 50%the topography associated with the
site. (Department of Planning Services)
10) The approved Lighting Plan. (Department of Planning Services)
11) The applicant shall identify the Public Service of Colorado Electric Transmission Line
• owner(s) and the respective easement(s) associated with the overhead
Transmission Line(s). The electric utility service provider easement shall be
referenced on the plat by the Weld County Clerk and Recorders reception number.
(Department of Planning Services)
12) Oil and Gas encumbrances including gathering lines with appropriate setbacks shall
be delineated on the plat. (Department of Planning Services)
13) 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 September 24, 2012. (Division of Water
Resources Department of Planning Services)
E. The applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Departments of
Public Works)
F. The applicant shall submit a Landscape Plan to address the temporary topsoil stockpile area,
delineating the method used to control erosion via wind and weather elements. (Department
of Planning Services)
G. 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)
2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
• County Department of Planning Services. (Department of Planning Services)
RESOLUTION USR12-0051
• ANADARKO E&P COMPANY LP
PAGE 5
3. Upon completion of 1. Above, the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.O of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within sixty(60)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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to dhuerter(aco.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:
2006 International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011
• National Electrical Code; 2003 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 2006 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 are 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 will 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 plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
G. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit will
be required. (Department of Building Inspection)
6. One month prior to the start of construction:
A. 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.
RESOLUTION USR12-0051
• ANADARKO E&P COMPANY LP
PAGE 6
B. If more that 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 for 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. The erosion and sediment control plan set must be wet stamped,signed,
and dated by a registered professional engineer licensed in the State of Colorado. Please
note that the grading permit will not be released until the applicant has signed the
improvements agreement, posted collateral, and submitted the USR plat for recording.
Evidence of Department of Public Works approval shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Works)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
• Bret Elliott
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.
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 November 6, 2012.
Dated the 6'"of November, 2012.
(i 'Q,, Digitally signed by Kristine Ranslem
%,]l.�bb/1l/T y.L/IIS(14IYL Date:2012.11.13 13:09:50-07O0'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Anadarko Petroleum Corporation
Gobbler Water Storage Facility
USR12-0051
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
Facility including Oil and Gas Support and Service(Water Supply&Storage) 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.The applicant
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
6. Fugitive dust and fugitive particulate emissions 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. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
As employees or contractors are on site for less than 2 consecutive hours a day portable toilets 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)
11. 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)
12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Planning Services)
RESOLUTION USR12-0051
ANADARKO E&P COMPANY LP
• PAGE 8
13. Bottled water shall be utilized for drinking during construction of the project.(Department of Planning
Services)
14. There shall be no parking or staging of vehicles on County roads. (Department of Public Works)
15. 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)
16. 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)
17. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
18. Weld County will not maintain on-site drainage related areas or medians. (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. Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2)(Department of Planning
Services)
23. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)(Department
of Planning 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 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: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006
International Energy Code; 2006 International Fuel Gas Code;2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
•
RESOLUTION USR12-0051
ANADARKO E&P COMPANY LP
PAGE 9
• 26. Building height shall be measured in accordance with the 2006 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. Building permits are 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)
28. A building permit will 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)
29. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
30. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit will be
required. (Department of Building Inspection)
31. 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)
32. The property owner or operator shall be responsible for complying with the Design Standards of
•
Section 23-2-240, Weld County Code. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
34. 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)
35. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
36. 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)
RESOLUTION USR12-0051
ANADARKO E&P COMPANY LP
PAGE 10
• 37. 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 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.
•
PC 11 /64 / (2)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 6, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Jason
Maxey, at 1 :30 p.m.
Roll Call.
Present: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Absent/Excused: Bill Hall, Bret Elliott.
Also Present: Kim Ogle, and Chris Gathman, Department of Planning Services; Don Carroll and Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the October 16, 2012 Weld County Planning Commission minutes, Moved by Robert Grand,
Seconded by Nick Berryman.
Motion passed unanimously.
CASE NUMBER: USR12-0051
APPLICANT: ANADARKO E&P COMPANY LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER SUPPLY AND
STORAGE), IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART E2 SECTION 23, T2N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 20; NORTH OF AND ADJACENT TO CR
18 AND 1 .5 MILES EAST OFCR31 .
Kim Ogle, Planning Services, presented Case USR12-0051 , 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.
Commissioner Grand inquired how water from the City of Aurora will be going to the site. Mr. Ogle said that
the applicants can address that question.
Commissioner Lawley asked if the site will be cleaned up. Mr. Ogle said that the mobile homes will be
removed from the site and the existing barns and residence will remain but will be secured .
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and requirements of
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan. Ms. Light read into record a paragraph that needs to be added to the
end of Development Standard 11 which states "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."
In addition, Development Standards 13 and 14 are not in reference to Department of Public Health and
Environment. Additionally, Development Standard 6 can be included with Development Standard 5 in regard
to the Waste Handling Plan. Mr. Ogle said that during construction portable toilets and bottled water will need
to be provided and recommended that they remain included in the development standards.
EXHIBIT
Nathan Keiser,Anadarko Petroleum, 1099 18`h Street, Denver CO, stated that they are proposing a 5.5 acre
water storage pond that will hold 60 acre feet of water. Water from this location will be piped to the individual
drilling and well sites. They estimate that this project will reduce truck traffic between 500 and 900 round trip
truck trips per well. Additionally, Mr. Keiser said that they inherited the buildings on site and intends to secure
the existing buildings and residence on site as well as the removal of the mobile homes.
Commissioner Grand inquired how the water will be pumped into the pond. He clarified if it will be trucked in.
Dave Hertel,Anadarko Petroleum, 1099 18`h Street, Denver, CO, stated that they have purchased water from
the City of Aurora and are currently looking at sites to drill water wells. The water will be piped into the pond
and no trucks will be hauling water to the site.
Commissioner Smock noted in the application it states that they are proposing a 4 acre water storage pond
with an estimated 30 acre feet of water and asked if they have amended their request. Mr. Hertel said that is
correct and added that they have increased their water storage.
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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0051 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
CASE NUMBER: USR12-0054
APPLICANT: RANDE BERNAL
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING, STAGING
AND MAINTENANCE OF OIL AND GAS WATER SERVICE TRUCKS) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RE-4461;PART SW4 SECTION 3,T4N,R64W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 55 AND APPROXIMATELY 1/4 MILE
NORTH OF CR 48.
Chris Gathman, Planning Services, presented Case USR12-0054, 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 requirements
of the site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust
control, and the Waste Handling Plan. Ms. Evett stated that Condition of Approval 1.E has been met and
recommended deleting Development Standards 17 and 22 as they are included in Development Standard 18.
In addition, Ms. Evett read into record a new development standard that needs to be added"In the event the
facility's water system serves more than 25 persons on a daily basis the water system shall comply with the
Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld
County Department of Public Health and Environment that the system complies with the Regulations."
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