HomeMy WebLinkAbout20180490.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. 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 USR17-0046
APPLICANT. ANADARKO E&P COMPANY LP, C/O KERR MCGEE OIL AND GAS ONSHORE, LP
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE
AND STOCKPILE AREA FOR SOIL. HAY BALES AND CONSTRUCTION
EQUIPMENT FOR OFFSITE WELL LOCATIONS AND ASSOCIATED OIL AND
GAS PRODUCTION FACILITIES) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SW4 SECTION 23. T2N, R67W OF THE 6TH P M . WELD COUNTY COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 18 AND EAST OF AND ADJACENT TO CR 21
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. 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"
There are existing oil and gas support and commercial uses in the surrounding area The
proposed stockpile facility is located next to an Centralized Exploration & Production Waste
Management Facility on the same parcel, an existing RV storage facility (USR13-0051) is
located to the southwest and west of the site and a USR for a 75 space RV Park and outdoor
storage area for vehicles, boats, trailers, cars and other miscellaneous items is located to the
southwest of the facility and a compressor station facility (for up to eight compressors)
approved under USR14-0015 is located to the west of the site.
A road maintenance agreement and improvements agreement is required as a condition of
approval to address impacts to county roads along the haul route (including dust control.
tracking control, damage repair and future traffic triggers for improvements). Additional
development standards and conditions of approval are attached including prohibiting the
parking or staging of vehicles on County Road right-of-way and requiring screening of
equipment to be stored on site.
Section 22-2-100 A.2 OG.Policy 1.2. states "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas. when possible. and
should be subject to review in accordance with the appropriate sections of this Code."
The facility is located on a property adjacent to an existing oil and gas support facility
(compressor station facility for up to eight (8) compressors approved under USR14-0015,
also there are several oil and gas production facilities (tank batteries, wellheads and
associated equipment) located in this area
Development Standards and the 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. A road maintenance agreement and improvements agreement is required as
a condition of approval to address impacts to county roads along the haul route (including
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP, C/O KERR MCGEE OIL AND GAS ONSHORE. LP
PAGE 2
dust control. tracking control. damage repair. specified haul routes and future traffic triggers
for improvements). Additional development standards prohibiting the parking or staging of
vehicles on County Road right-of-way and requiring screening of equipment to be stored on
site.
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 provides for a Site Specific Development Plan and Special
Review Permit for Mineral Resource Development facilities (Oil and Gas Support and Service
Facilities including temporary storage and stockpile area for soil, hay bales and construction
equipment for offsite well locations and associated oil and gas production facilities) in the A
(Agricultural) Zone District.
Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development and the Development
Standards. and the 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. A road maintenance agreement and improvements agreement is required as a
condition of approval to address impacts to county roads along the haul route (including dust
control. tracking control, damage repair and future traffic triggers for improvements).
Additional development standards and conditions of approval prohibiting the parking or
staging of vehicles on County Road right-of-way and requiring screening of equipment to be
stored on site are attached as well.
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 approximately 1.500 feet to the northwest of the nearest residence and
approximately 1.800 feet to the northeast of the next nearest residence Some additional
residences are located further to the east (off of County Road 18) and residences to the north
are approximately 2.400 feet from the stockpile facility site. The site is adjacent to an existing
Centralized & Production Waste Management Facility (mud farm) that is allowed as a use by
right. A USR (USR13-0051) for a 75 space RV Park and outdoor storage area for vehicles,
boats, trailers, cars and other miscellaneous items is located to the southwest of the facility
and a compressor station facility (for up to eight compressors) approved under USR14-0015
is located to the west of the site
Staff has received multiple photos and e -mails and phone calls from an adjacent property
owner to the southeast of the site and another property owner approximately 1.500 to the
east of the site. The main concerns outlined in the phone calls and e -mails dealt with the
amount of traffic, dust, noise and road impacts. One of the surrounding property owners feels
that the county road should be paved as a requirement of the USR. Staff has had multiple
conversations with Kerr McGee and have been told that there has been no hauling from the
soil stockpile facility since the USR application was submitted in October 2017. However.
there is still ongoing truck traffic associated with the use by right Centralized Exploration &
Production Waste Management Facility (mud farm) on the same property.
A road maintenance agreement and improvements agreement is required as a condition of
approval to address impacts to county roads along the haul route (including dust control,
tracking control, damage repair and future traffic triggers for improvements). Additional
development standards and conditions of approval prohibiting the parking or staging of
vehicles on County Road right-of-way and requiring screening of equipment to be stored on
site are attached as well.
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
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP. CIO KERR MCGEE OIL AND GAS ONSHORE. LP
PAGE 3
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 Town of Firestone/Weld County Cooperative Planning
Agreement boundary and referral area as well as the Fort Lupton/Weld County Cooperative
Planning Agreement boundary. Staff received an e-mail dated 9/18/2017 indicating that the
Town of Firestone had no comments as it is two (2) miles from town limits and does not
include any town roadways. Staff confirmed via phone with the City of Fort Lupton Planner
that they had discussions with Kerr McGee regarding this application prior to setting up the
case on 10/25/2017 as required per the Cooperative Planning Agreement. The representative
for Kerr McGee indicated that they were not interested in annexation at this time.
The site is located within the three (3) mile referral area of the City of Fort Lupton and the
Town of Frederick. The City of Fort Lupton in their referral comments, dated November 21,
2017 indicated that they would like to discuss the option of annexation or pre -annexation
agreement with the applicant. The Town of Frederick, in their referral dated October 26. 2017,
indicated no conflicts with their interests. No referral response has been received from the
Town of Firestone.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI. of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District. a Special Flood Hazard Area
or the Airport 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 and will adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
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 approximately 6.75 acres on a larger 149.94 acre parcel
delineated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map.
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 plat:
A. The applicant shall address the comments of the City of Fort Lupton, as stated in the referral
response dated 11/21/2017. Evidence of such shall be submitted, in writing. to the Weld
County Department of Planning Services. (City of Fort Lupton)
An Erosion Control Plan, stamped and signed by a Professional Engineer registered in the
State of Colorado shall be submitted prior to recording the USR Map. (Department of Planning
Services - Engineer)
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP. C/O KERR MCGEE OIL AND GAS ONSHORE. LP
PAGE 4
C An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including, but not limited to dust control, tracking control,
damage repair, specified haul routes and future traffic triggers for improvements will be
included. (Department of Public Works)
A screening plan shall be submitted for review and approval by the Department of Planning
Services Equipment and materials (other than hay bales or soil) shall be screened from
adjacent properties. (Department of Planning Services)
A written request to vacate SUP -62. SUP -62 shall be vacated by the Board of County
Commissioners prior to recording the plat (Department of Planning Services)
The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0046 (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 applicant shall delineate on the map the trash collection areas. Section 23-3-350 H
of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5. 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)
6. The approved Screening Plan. (Department of Planning Services)
7. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
8 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
9. County Road 21 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10. County Road 18 is a gravel 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 on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way This road is
maintained by Weld County. (Department of Public Works)
11. Show and label the approved access(es) (APXX-XXXXX). and the appropriate turning
radii (60) on the site plan. (Department of Public Works)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
13. 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
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP CIO KERR MCGEE OIL AND GAS ONSHORE. LP
PAGE 5
gate to the edge of the traveled surface be less than 35 feet. (Department of Public
Works)
14. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.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 the Department of Planning Services 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 format is a projected ESRI shapefile (.shp, .shx. .dbf. .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984. NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to mapsco.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
B The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to Operation:
A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property. until the Use by Special Review plat 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 USR17-0046
ANADARKO E&P COMPANY LP. C/O KERR MCGEE OIL AND GAS ONSHORE LP
PAGE 6
Motion seconded by Tom Cope
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Terry Cross
Tom Cope
Gene Stifle
Richard Beck
Against Passage Absent
Lonnie Ford
Jordan Jemiola
Michael Wailes
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, 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 February 6, 2018.
Dated the 61" of February, 2018
titnotiziku
Kristine Ranslem
Secretary
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP. C/O KERR MCGEE OIL AND GAS ONSHORE. LP
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Oil and Gas Onshore. LP
USR17-0046
A Site -Specific Development Plan and Use by Special Review Permit. USR17-0046, for A Site -Specific
Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility
(temporary storage and stockpile area for soil, hay bales and construction equipment for offsite well
locations and associated oil and gas production facilities) 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 hours of operation (vehicles accessing or leaving the site) shall be 7 AM to 6 PM. However. in the
event of an emergency, vehicles will access the site outside of those hours. (Department of Planning
Services)
4. The parking area on the site shall be maintained. (Department of Planning Services)
5. 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)
6. The existing screening/berming on the south side of the site shall be maintained. (Department of Planning
Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section 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)
8. 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, Section 30-20-100.5. C.R.S. (Department of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust. blowing
debris. and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code. (Department of Public Health and Environment)
10. 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)
11. Any contaminated soils on the facility shall be removed. treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local. state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
12. 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 Public Health and Environment)
13. 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)
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP. C/O KERR MCGEE OIL AND GAS ONSHORE. LP
PAGE 8
14. 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)
15. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
16. 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)
17. 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)
18. The property owner shall control noxious weeds on the site. (Department of Public Works)
19. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
22. Weld County is not responsible for the maintenance of onsite erosion control features. (Department of
Planning Services - Engineer)
23. Sources of light shall be shielded so that beams or rays of light 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)
24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently. the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code. and 2014
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)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code_
26. 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.
27. 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.
28. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP. C/O KERR MCGEE OIL AND GAS ONSHORE. LP
PAGE 9
29. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
30. 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 Public Health and
Environment)
31. 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.
32. 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
RESOLUTION USR17-0046
ANADARKO E&P COMPANY LP, C/O KERR MCGEE OIL AND GAS ONSHORE LP
PAGE 10
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 6, 2018
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,
Terry Cross, at 12:40 pm
Roll Call.
Present: Bruce Johnson Bruce Sparrow, Gene Stifle, Lonnie Ford, Michael Wades, Richard Beck, Terry
Cross, Tom Cope.
Absent: Jordan Jemiola
Also Present. Kim Ogle. Chris Gathman, and Diana Aungst. Department of Planning Services: Lauren
Light and Ben Frissell. Department of Health: Evan Pinkham and Hayley Balzano. Department of Public
Works. Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the January 16, 2018 Weld County Planning Commission minutes, Moved by Bruce
Sparrow. Seconded by Gene Stifle. Motion passed unanimously.
CASE NUMBER: USR17-0046
APPLICANT. ANADARKO E&P COMPANY LP, C/O KERR MCGEE OIL AND GAS ONSHORE.
LP
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(STORAGE AND STOCKPILE AREA FOR SOIL, HAY BALES AND
CONSTRUCTION EQUIPMENT FOR OFFSITE WELL LOCATIONS AND
ASSOCIATED OIL AND GAS PRODUCTION FACILITIES) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SW4 SECTION 23. T2N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 18 AND EAST OF AND ADJACENT TO CR
21
Chris Gathman, Planning Services, presented Case USR17-0046, reading the recommendation and
comments into the record. Staff noted that in addition to this proposed USR, there is also a Use by Right
Exploration and Production Waste Facility (mud farm) on the facility regulated by the COGCC. Multiple
phone calls, photos and emails have been received by Staff from two surrounding property owners. The
main concerns are related to amount of truck traffic, dust, noise and road impacts. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Evan Pinkham, Public Works. reported on the existing traffic and access to the site.
Hayley Balzano, Engineering. reported on the drainage conditions for the site.
Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements on -site
dust control, and the Waste Handling Plan.
Nathan Keiser. Anadarko Petroleum_ 1099 18'h Street. Denver, Colorado. stated that Anadarko has
purchased this property since 2011 for drilling operations, waste management and agricultural operations
He said that traffic has increased because of the increase in the oil and gas industry
Mr. Keiser said that they store dirt for construction of drill pads onsite. They also have multiple locations of
these types of facilities throughout the County to reduce road impacts. He added that the mud and soil
stockpile area are used intermittently and it depends on the proximity of oil and gas operations in the area.
Mr. Keiser noted that a community meeting was held last fall. He added that as a result of that meeting
they will send out notification of when they anticipate an increase in traffic and any other communications
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Commissioner Beck asked where primary traffic will come from. Mr Keiser said that primary traffic will
come from County Road 21 and exit off of County Road 18 The reason for that is so that if there is a back-
up of traffic it will be onsite rather than on a county road.
Commissioner Ford referred to photos submitted by Mr. Neal, specifically where the trucks were stopped
and asked what caused this backup. Mike Dinkel, Environmental Scientist. Anadarko Petroleum. 1099 18"'
Street. Denver, Colorado. stated that he believes there was a farm tractor broken down on the road that
caused the back-up.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dennis Neal. 7691 CR 23. stated that the applicant has been operating over a year and he has been
contacting the County repeatedly for over a year He emphasized concern regarding the dust and amount
of truck traffic. He suggested that the applicant pave the roadway on County Road 18 to prevent the dust.
He added that he was required pave his road as a condition of approval for his subdivision off of County
Road 40.5 and feels that it is fair that paving be required for this use as well.
Mr. Kesier said that he couldn't commit to paving the road today. He said that they have taken a lot of
feedback from the community meeting and have taken efforts to reduce trucks and kept in contact with a
lot of those same neighbors He said that they have notified the community of when the public hearings
were scheduled: however no other neighbors are here today.
Commissioner Stille asked outside of paving or mag chloride what can be done to mitigate dust Mr. Keiser
said that if they are using the mud farm more than average then they will try to not use the soil area. If they
are using the soil area more than normal then they will try to take the mud to another location in the County.
He added that by doing that it would reduce truck traffic significantly. He said that they will notify the
community ahead of when they anticipate an increase in traffic and mag chloride the road. Commissioner
Cope suggested using a soil cement mixture and added that it provides a little better road deck that can
also be watered to keep dust down
Discussion was held among the Planning Commissioners regarding paving. Commissioner Cope said that
he isn't comfortable in making that a criteria from this Board, but encouraged the County Commissioners
to take a look at it.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR17-0046 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commissions recommendation of approval,
Moved by Bruce Johnson. Seconded by Tom Cope.
Vote: Motion passed (summary: Yes = 6, No = 1. Abstain = 0).
Yes: Bruce Johnson. Bruce Sparrow. Gene Stifle, Richard Beck, Terry Cross. Tom Cope_
No: Lonnie Ford
Absent: Michael Wailes.
Commissioner Ford referred to Item C, Section 23-2-220.A.3 stating that a Road Maintenance and
Improvements Agreement is required as a condition of approval and doesn't believe it has been addressed
properly.
Meeting adjourned at 5 48 pm.
Respectfully submitted.
Kristine Ranslem
Secretary
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