HomeMy WebLinkAbout20212335.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Butch White, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
2MJUSR21-14-0013
ANADARKO E & P ONSHORE LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT NO. USR14-0013 FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE (COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED
EQUIPMENT, INCLUDING. BUT NOT LIMITED TO, EIGHT (8) COMPRESSORS,
VAPOR RECOVERY UNITS, SEPARATORS, DEHYDRATORS, STORAGE
TANKS, AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATION TOWER,
A GLYCOL REGEN SKID, A BTEX SKID, A VAPOR RECOVER UNIT, A
COALESCING FILTER SKID, PIPE RACKS, AND TWO (2) EIGHTY -FOOT TALL
LIGHTNING PROTECTION MASTS) TO ADD STOCKPILING OF TOPSOIL,
RECLAIMED GRAVEL, RECLAIMED CONCRETE, ET CETERA, A LAYDOWN
YARD AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED
BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 30 CARGO
CONTAINERS PROPOSED) OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT C REC EXEMPT RE -3621, BEING PART NW4 SECTION 15, T3N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 34; EAST OF AND ADJACENT TO CR 19.
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.
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 22-2-60.B. states: "Support responsible energy and mineral development."
Section 22-2-60.8.3. states: "Ensure that surface development reasonably accommodates mineral
extraction."
The site has been used as a compressor station consistently since USR14-0013 was approved in
2014. The proposed major amendment for the stockpiling of topsoil, reclaimed gravel, reclaimed
concrete et cetera and a laydown yard (storage area) will add more traffic and occasional employees
to the site. The intent of the stockpiling is to centralize materials near planned operations in order and
reduce traffic impacts to neighboring municipalities and road infrastructure. The laydown yard
(storage area) will have about thirty (30) cargo containers and be used to store equipment used to
support water needs associated with exploration and production activities in the DJ Basin. The
equipment is used to support water delivery infrastructure that allows water to be piped, as opposed
to trucked, to drilling and completions locations.
Section 22-2-60.8.2. states: "Ensure that infrastructure, such as adequate roads and utilities, exists
or can be made available prior to development of energy and mineral resource production facilities."
Storing materials near planned operations will help reduce traffic impacts to neighboring
municipalities and road infrastructure. A soil stockpile provides temporary storage for building
materials used in the oil and gas development process that can be reused and recycled.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
RESOLUTION 2MJUSR21-14-0013
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Section 23-3-10 states, "Agriculture in the County is considered a valuable resource which must be
protected from adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses The A (Agricultural) Zone District is established to maintain and promote
agriculture as an essential feature of the County The A (Agricultural) Zone District is intended to
provide areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy development, without
the interference of other, incompatible land uses " The intent of the A Zone District is to allow areas
for natural resource extraction and energy development such as the proposed oil and gas support
and service use
Section 23-3-40 W — Uses by special review, of the Weld County Code includes, "Oil and Gas
Support and Service "
Section 23-3-40 C — Uses by special review, of the Weld County Code includes, "More than the
number of Cargo Containers allowed by Section 23-3-30 "
These code sections allow the applicant to apply for the amendment to the compressor site for
stockpiling, laydown yard, and additional cargo containers
Per Section 23-1-90 of the Weld County Code, "Oil and Gas Support and Service" allows for
"Location and operation bases for businesses whose primary activity includes the following kinds of
uses ,
b Equipment and storage yards for street/road and pipeline construction contractors, and
production unit set-up and maintenance contractors,
d Storage and rental yards for pipe and production equipment, and
g Oil and gas processing facilities and related equipment, including, but not limited to,
compressors associated with gas processing or which compress gas to enter a pipeline for
transport to market "
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent properties are mainly utilized for pastures, crops, and rural residences County Road 34
borders the site on the north and County Road 19 borders the site on the west The properties to the
south and east are cropland There are four (4) residences within four hundred (400) feet of the
property boundary the closest residence is approximately fifty (50) feet north of the northern property
line The laydown yard will be placed near to the center of the 153 -acre property
There are fifteen (15) USRs located within one mile of this parcel Amended AmUSR-127 for 8,000
head of cattle, USR-1040 for an Ag service establishment, and USR-338 and USR13-0069 for gravel
mining are located south of the site USR-43 for a wastewater treatment plant, USR-1063 and USR-
1647 for Ft Saint Vrain generating facility and photovoltaic demonstration project are located to the
north of the site Also surrounding the site are eight (8) USRs for either gas lines or power lines
The Weld County Department of Planning Services sent notice to eight (8) Surrounding Property
Owners The Weld County Department of Planning Services has not received any correspondence
from the surrounding property owners
Based on referral agency responses, the proposed use is in an area that can support this
development The Conditions of Approval for the original USR14-0013 required that the applicant
submit a Lighting Plan and a Landscape/Screening Plan These two plans have been approved and
installed A Road Maintenance Agreement is required for this major amendment The Development
Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses and the region
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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 Coordinated Planning Agreement (CPA) boundary for the Towns of
Firestone, Mead, Milliken, and Platteville As part of the pre -application process, the Towns were
notified of the proposal by Planning staff and was provided Notice of Inquiry form by the applicant
The Town of Firestone returned the Notice of Inquiry form dated September 21, 2020, the Town of
Mead returned the Notice of Inquiry form dated September 25, 2020 The Town of Milliken returned
the Notice of Inquiry form dated March 24, 2021, and the Town of Platteville returned the Notice of
Inquiry form dated September 22, 2020 all stating that they do not wish to annex the subject property
The site is located within the three (3) mile referral area of the Towns of Firestone, Mead, Milliken,
and Platteville The Town of Firestone submitted referral agency comments dated May 14, 2021, the
Town of Mead submitted referral agency comments dated June 8, 2021 and the Town of Platteville
submitted referral agency comments dated May 18, 2021 all with no concerns The Town of Milliken
did not respond with referral agency comments
The Comprehensive Plan Maps for the Towns of Firestone, Mead, and Milliken do not include the
subject property The Comprehensive Plan Map for the Town of Platteville includes this property and
depicts it as Agricultural/Holding (A -H) According to the Comprehensive Plan for the Town of
Platteville, adopted in 2017, the Agricultural/Holding land use classification is intended to encourage
the sustainability of the regional agricultural and energy economy, discourage leapfrog development
and ensure that land develops in a systematic and cost-conscious manner Non-agricultural or non -
energy uses and densities for this land will be re-examined if and when urban levels of service can
serve the land designated as Agricultural/Holding Prior to annexation, the concept is to allow one
dwelling unit per existing parcel The property has been used for a compressor station since about
2015, prior to the current Comprehensive Plan adoption date and is being used for energy
development The Town of Platteville submitted referral agency comments date May 18, 2021 with no
concerns
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The site is not located within any overlay district officially adopted by the County„ including A -P
(Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Special Flood Hazard Area, or Historic Townsite Overlay District
Building Permits issued on the 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 Programs
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 Other, Prime if they become Irrigated, and
Farmland of local importance per the NRCS Web Soil Survey Farmland Classification Map The soils
are designated as approximately 33 acres of Altvan loam with zero to one percent slopes,
approximately 86 5 acres of Nunn clay loam with zero to one percent slopes, approximately 2 9 acres
of Olney fine sandy loam with zero to one percent slopes, and approximately 31 5 acres of Valent
'sand with zero to three percent slopes per the Natural Resources Conservation Service The existing
ground surface is disturbed native grasses/dirt The proposed USR will not take any Prime (Irrigated)
Farmland out of production The Platte Valley Conservation District did not return a referral agency
response
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G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 can 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 map:
A. The applicant shall address the requirements of the Weld County Office of Emergency Management,
as stated in the referral response dated May 17, 2021. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall replace all dead and diseased Landscaping on the site. (Department of Planning
Services)
C. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. (Department of Public Works)
Engineer registered in the State of Colorado is required. (Department of Public Works)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 2MJUSR21-14-0013 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The map shall delineate the landscaping and screening in accordance with the accepted
Landscape and Screening Plan. (Department of Planning Services)
5. The accepted lighting, as shown on the USR14-0013 map. (Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
County Road 34 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
8 County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
RESOLUTION 2MJUSR21-14-0013
ANADARKO E & P ONSHORE LLC
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9 Show and label the approved access locations, approved access width and the appropriate
turning radii on the site plan (Department of Public Works)
10 Show and label the approved tracking control on the site plan (Department of Public Works)
11 Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet (Department of Public Works)
12 Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume
(Department of Public Works)
13 Show and label the drainage flow arrows (Department of Public Works)
14 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map 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
I
(Department of Planning Services)
3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional
three (3) month period (Department of Planning Services)
4 Prior to Construction
A The approved tracking control shall be constructed prior to on -site construction (Department of
Public Works)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
5 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map
is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement (Department of Planning
Services)
RESOLUTION 2MJUSR21-14-0013
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Motion seconded by Lonnie Ford
VOTE
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Against Passage Absent
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 July 20, 2021
Dated the 20th of July, 2021
t., Adlidgm,
Knstine Ranslem
Secretary
RESOLUTION 2MJUSR21-14-0013
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anadarko E & P Company LP
2MJUSR21-14-0013
1 A Site Specific Development Plan and Second Amended Use By Special Review Permit No to USR14-
0013 for Mineral Resource Development Facilities including Oil and Gas Support and Service
(compressor station for natural gas and all related equipment, including, but not limited to, eight (8)
compressors, vapor recovery units, separators, dehydrators, storage tanks, and one (1) seventy-foot in
height communication tower), a glycol regen skid, a BTEX skid, a vapor recover unit, a coalescing filter
skid, pipe racks, and two (2) eighty -foot tall lightning protection masts to add stockpiling of topsoil,
reclaimed gravel, reclaimed concrete, et cetera, a laydown yard, and more than the number of cargo
containers allowed by Section 23-3-30 of the Weld County Code (up to 30 cargo containers proposed)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, 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 The unmanned compressor station will operate 24 hours per day, 365 days per year
4 The hours of operation for the stockpiling area and the laydown yard are 6 00 a m — 6 00 p m Monday —
Sunday with operations later than 6 00 p m if there is an emergency (Department of Planning Services)
5 The number of on -site employees shall be up to twenty-six (26), as stated in the application matenals
(Department of Planning Services)
6 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code (Department of Planning Services)
7 The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the accepted Landscape and Screening Plan Required landscaping and screening shall be installed
within one (1) calendar year of issuance of a building permit or commencement of use, whichever occurs
sooner Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at
the earliest possible time (Department of Planning Services)
8 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Department of Public Works)
9 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Department of Public Works)
10 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
11 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement (Department of Public Works)
12 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
13 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Department of Public Works)
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14 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
15 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
1
16 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5,
C R S ) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Department of Public Health and Environment)
17 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 (Department of Public Health and Environment)
18 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 Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
19 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment)
20 The applicant shall submit an Air Pollution Emission Notice (A P E N ) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable (Department of Public Health and Environment)
21 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, shall contain hand sanitizers and be screened from the public right of way and neighboring
properties (Department of Public Health and Environment)
22 All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with product
labeling All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations (Department of Public Health and Environment)
23 As applicable, secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation Secondary containment shall be
sufficiently impervious to contain any spilled or released material Secondary containment devices shall
be inspected at regular intervals and maintained in good condition All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the provisions of the
State Underground and Above Ground Storage Tank Regulations (Department of Public Health and
Environment)
24 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
25 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
26 As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available (Department of Public Health and
Environment)
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27 The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur (Department of Public Health and Environment)
28 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable
(Department of Public Health and Environment)
29 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
30 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance (Department of Public Health and Environment)
31 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)
32 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map Neither the direct, nor reflected, light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets No colored lights may be used which
may be confused with, or construed as, traffic control devices (Department of Planning Services)
' 33 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following
have been adopted by Weld County 2018 International Codes, 2018 International Energy Code, and
2020 National Electrical Code A Building Permit Application must be completed and two (2) complete
sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer,
shall be required or an Open Hole Inspection (Department of Building Inspection)
34 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
35 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)
36 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)
37 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)
38 Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner
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39 A Use by Special Review shall terminate when the USE is discontinued for a period of three (3)
consecutive years, the USE of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has
been terminated When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the USE may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit
40 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
41 WELD COUNTY'S RIGHT TO FARM STATEMENT 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,
RESOLUTION 2MJUSR21-14-0013
ANADARKO E & P ONSHORE LLC
PAGE 11
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
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 20, 2021
v- 1%k -oot
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,
Elijah Hatcn, at 12:30 pm.
Roll Call.
Present: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Pamela Edens, Skip Holland,
Tom Cope.
Absent/Excused: Sam Gluck.
Also Present: Chris Gathman and Diana Aungst Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Melissa King, Department of Public Works; Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
2MJUSR21-14-0013
ANADARKO E & P ONSHORE LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT NO. USR14-0013 FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE (COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED
EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, EIGHT (8) COMPRESSORS;
VAPOR RECOVERY UNITS. SEPARATORS, DEHYDRATORS. STORAGE
TANKS, AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATION
TOWER, A GLYCOL REGEN SKID A BTEX SKID, A VAPOR RECOVER UNIT,
A COALESCING FILTER SKID PIPE RACKS, AND TWO (2) EIGHTY -FOOT
TALL LIGHTNING PROTECTION MASTS) TO ADD STOCKPILING OF
TOPSOIL, RECLAIMED GRAVEL, RECLAIMED CONCRETE, ET CETERA A
LAYDOWN YARD AND MORE THAN THE NUMBER OF CARGO CONTAINERS
ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 30
CARGO CONTAINERS PROPOSED) OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT C REC EXEMPT RE -3621, BEING PART NW4 SECTION 15, T3N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 34; EAST OF AND ADJACENT TO CR 19.
Diana Aungst, Planning Services, presented Case 2MJUSR21-14-0013, reading the recommendation and
comments into the record. Ms. Aungst noted that no correspondence from surrounding property owners
were received regarding this application.
[Sam Gluck entered the hearing at 12:42 p.m.]
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. Ms. King noted that an accepted Final Drainage Report has been received; therefore, staff is
requesting to delete Condition of Approval 1.D.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
David Van der Vieren, 1099 18th Street, Denver, Colorado, stated that he is with Western Midstream and
added that Occidental Petroleum is the landowner and Western Midstream is the leasee. He said that the
purpose of this project is for the benefit of the landowner. He added that Occidental Petroleum will be using
the storage yard and the soil stockpile. Mr. Van der Vieren said that this will be a centralized location for
their storage of the soil and materials to reduce truck traffic around the region.
1
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 Staff if they have any changes to the Resolution Ms King stated that Staff is requesting
the deletion of Condition of Approval 1 D
Motion Delete Condition of Approval 1 D, as recommended by Staff, Moved by Gene Stille, Seconded
by Sam Gluck Motion carried unanimously
The Chair asked the applicant if they have read through the amended 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 2MJUSR21-14-0013 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 Butch White, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary Yes = 9)
Yes Butch White, Elijah Hatch, Lonnie Ford, Gene Stille, Michael Wailes, Pamela Edens, Sam Gluck, Skip
Holland, Tom Cope
Meeting adjourned at 12 55 pm
Respectfully submitted,
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Kristine Ranslem
Secretary
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ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
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123 Nowhere Street, City, State, Zip
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