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Home My WebLink About20172845.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Harold & Linda Amerin Case Number U R17-OO18 Submitted or Prepared Prior to At Hearing Hearing SRO Letter of Opposition -- Ron a Margie Haake, dated March 20, 2017 Indefinite Memorandum Commissioners Ogle — Continuance to 30 -day Planning Request Mineral Commission Notice and and No waiver Board of of County Notice Anadarko Letter of Objection dated May 15, 2017 4 Request for Continuance by Applicant dated May 16, 2017 Sign Planting Affidavit, July 7, 2017 X 6 Memorandum, Modifications to Staff Recommendation dated July 18, 2017 7 Atreamiko Lawfic r i A i•it s r 8 9 4' 10 11 12 13 14 15 16 17 1$ I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the 4chedWled Planning Commissioners hearing. 2 Kim 09� i t1anner s cezmac•- Use SIZ I O0 IS) azia„ CS) esuCife fte:(\ ..1\1 tkitid\rs" , 1 ‘, 1:81dit 4C • h 7 ! h ies\;fr' lute Czy-weit- on t2144L,4 rota O6-ket cit-- ) cJ gtefra, Cdy{,Au ,wee-iciezeti a441/4.trI AzAt- crkLet14-4- Lfrda a), ,trtec 11,,,ir et. ;tett CL. a),,),,,, 1 tri c:,..., L.,,,, y:'v01 aft ever ral- sar4 cL relistcaLe tv t cya r tfret, •y r 1r r,e („titnestal e jays/71a EXHIBIT kpica•ri-4,cott3- f filtfretti noca- ter‘-- r -' el- Taecris2-- U p 6fi 15 dain ht„) 7� critese as tie if 1L3fl ecOi art ire sv L. cz.„-}r teheal-ter arreriAfte., \112-r-crA A Tertier-44toc cd _ Ca:tit incf a 1/7147 AL JA ; bto-dmil 0-- 7:1 ` `~ a c --et( )4{4tri 1-/a4-rera areisstiLersit tota Itiectal (i _Mrsilart -IV -Val eLet 1AL r Li Ate,frCA-vtisq earriec5 t P-Lajath' d, red“-dx (Lc, scriva4 aar - _ 4 -et r rt.4.. 7 -) mebekai fiteriti/ wErti tared rts- LaticiLeen atriditatc, AreArszi, Asir , a Leo ift45-c-t ate • 9stri water. aseratdea:Pue, 9,4 41--eatitrt AiltrAtereist 4e -71/4y Afraset cieorkee",t, elflEasoil on -4 ati 3 tc S V:( oo tPA-2in,(Ao, wtti ci.„, te,„ 17/ cueintrt4est ese. y �� Cc's" titaL, - r rs-- TaLnaire 071 cur...4*-44-44 teekst-- Lealcin`j >itt-taZia-A% — ISts eta -.o -el cteeY�;ti,te. � hereeto iii;cteists• tikkiltati bletAt Ctsr y 71, Druirserl L'En-A1/444 0-4 oten- {„ r ' =—y: 4 'erg S • t e Nttoi ActexerekteL__. natto-rett txpwczy _ow‘ve4IL tk:Lo wietz, „en_ pit, Lad flu -4 r net 64- r AfiLecka f refri:xea, Ldia)C host2 lase- risi•L.,ereLL 1.)-04) l'Asetd y cet-se 45 '11C 117' atiwi u T tal aCriet2A °tent, thico rit 0_4% -n -A e-# 101 r 'jar C4 Lira 14? faiefaeficete-01 iLael 64-Aird toei re, w ,'-',` ice. fL. el a If► 4 r'.. .4J t, fit et•totst,st— hie keettidLaCe sitapt vet -etc, incelsac. 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'a 44245,--ratf116-:-Li ---eAc4J-.-1 LA/Lid suk,„ anLe rat's tic"Ltal ditt frinc- "Qaa- MIL) 6 Lcsk_ V Pczti f 4-r- c.)-Drati- 14- er6 ascitHr N9/01 c e„ s‘w6c, 4,1„ tett:4 Ce0-Alstr (A--5 ri? 1 rine* Opt Sera' het cv-Lek._. ji:- tO 41,_ "ar*Logssavrii,....„ GZeayL 1. rytre91-01-1.0j ■ L � -y ,ti,.s r6 • It 4 Ct a. -mom. ,,it es,L1.4 .rte idenez-z. iletetesir AO ---#&7 n \ a Cenneet_c___ netes-rt--C-iir clis.aa 2 tel:ftt—sa, di I Crept crisec—A—P—Oeis,, tee•frc ia-e-atenage-a cre6 ales rcez ,t,eaeL--nv fryzdoni P t576,ct reparka ut.".162 „rot ka.).-c,14-, "tag_ od, a et,i4At. • trt,4-44.0-0 A a ,_et -41 ineuatack arils („LE70 ont -:.Q :2444. /Let- eit..-2-ecas-c pit,c-sjet_12 (.2,-trects/otnt IH-edie hetainn -20-ket4e, an6a_saLacret___ # neia_ rr� CeirCes Terinc ,ir GieuFi ,Se O.,L244L„ ree. ,6 „last. cer, CikPtsL _T(join LP scoLata co,,42 bhist) V rs'51: to, aLa Dive...e)-34_40 as rfie, act* :J ke,„ 0.-A1/1, tratell ardexas".1-C ins r -S-21 /Atte— MEMORANDUM To: Planning Commission Board of County Commissioners From: Kim Ogle Subject: Request for Continuance, U R17-0018 Date: May 16, 2017 The Department of Planning Services received a written request via e-mail for this case to be continued from the Planning Commissioners hearing today, May 16, 2017 and also from the Board of County Commissioners hearing scheduled for June 14, 2017. The applicant is making this request such that adequate Mineral Notification can be provided to the Mineral Interest Owners and Lessees as required by Colorado Revised Statue. Therefore, the applicant is requesting this case be referred back to Planning for action and rescheduling of the land use case before both the Planning Commission and the Board of County Commissioners, on behalf of the applicant, we request your support with this request. From: sherilockman@what-wirecom [maiito:s eriiockmanwhat-wire,cor i, Sent: Thursday, May 04, 2017 9:43 AM To: Kim Ogle <l Ogle . ico. reid.co.us> Subject: Continuance of USR17-0018 Mr. Ogle, As representative for Harold James Amerin ,Jr. and Linda Lee Arnerin I am requesting the continuance of USF(17-0018. A waiver from the 30 -day mineral interest notification was not obtained. We also need additional time to address the conditions Sheri Lockman Lockman Land Consulting, LLC 36509 CR 41 Eaton, CO 80615 970-881-0526 SERVICE, TEAMWORK, INTEGRITY, QUALITY ANADARKO PETROLEUM CORPORATION MAIN (720) 929-6000 1099 18TH STREET, SUITE 1800 • DENVER, COLORADO 80202 Apliadaliket Petroleum Curporatian May 16, 2017 VIA E- AIL Kim Ogle, Planner Weld County - Planning Department 1555 N 17th venue Greeley, CO 80631 kogie@weldgov.com NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD INTERESTS OWNED BY ANADARKO LAND CORP., ANADARKO E&P ONSHORE LLC AM) KE -1 c EL OIL & GAS ONSHORE LP AND OBJECTION Re: USR17-0018 Harold & Linda Amerin, Jr. - Property Owner or "Applicant" Township 1 North, Range 67 West Section 3: part of the W1/3S2 ("Application Property") Weld County, Colorado Mr. Ogle: This objection and notice letter is submitted to Weld County ("County") on behalf of Anadarko Land Corp. ("ALC"), Anadarko E&P Onshore LL ("AEP"), and Kerr-McGee Oil Gas Onshore LP ("KMOG") with respect to the application for a Site Specific Development Plan and Use by Special Use Permit that has been filed with the County by Harold & Linda Amerin, Jr. ("Applicant") that includes property in the W1/3S2 of Section 3, Township 1 North, Range 67 West in Weld County. ALC and AEP (together the "Anadarko entities") own the minerals that underlie the property located in Section 3 "Property"). KMOG owns oil and gas leasehold interests in the Property. The Anadarko entities and KMOG wish to give notice to the County of the mineral interests and oil and gas leasehold interests they own under the Property and make the County aware that the approval of a final application for a site specific development plan may significantly impact the prospective development of the minerals and oil and gas interests that underlie the Property. The Anadarko Entities and KMOG object to the approval of a final application for development until agreements on surface use are reached among the Anadarko entities, KMOG and the Applicant covering the Property. EXHIBIT 1 3 The following are comments in support of this Notice and Objection: 1. The Mineral Resources Owned by ALC ALC owns all of the hard rock minerals, including the coal that underlies the Property. ALC has reviewed the Property for coal resource potential and determined that the Property is underlain with Laramie Formation coals that are approximately 19.4 feet thick and lie at a depth starting at approximately 161 feet. Laramie Formation coals have a high BTU of approximately ,900 to 9,800 btu/lb and a low sulfur content of between .3 and .8 percent. ALC estimates that there may be over 25 million tons of Laramie Formation coal in Section 3. 2. The Oil and Gas Resources Owned by the Anadarko Entities. The Anadarko entities together own all of the oil and gas that underlies the Property, and Kerr-McGee owns oil and gas leasehold interests for the Property. 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral interest Owners in Its Consideration of Anplieations for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 3G-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 4. Owners of Split Estates Must Exercise Their Pia g ,ts in a Wa; ' that Gives Due Reid to the Rights of the Other. Colorado law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals and that the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each other's rights. The Anadarko Entities and KMOG Have Entered into Many Agreements with Deveicers With Respect_ to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement The mineral assets have significant value and consequently the Anadarko entities and KMOG are concerned that the approval by the County of an application for development of the Property and the subsequent build -out of the Property may impair their ability to develop their minerals and oil and gas interests. Any future surface development plans approved by the County should incorporate and designate lands to be set aside for oil and gas development and expressly provide protection for future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Approval of any surface development plan that forecloses the rights of mineral and leasehold owners may be a compensable taking. The Anadarko entities and KMOG have extensive mineral and oil and gas leasehold interests throughout the State of Colorado and have successfully worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface estate and the oil and gas estate or some other disposition of the minerals. The practice of the Anadarko entities and KMOG is to meet with surface owners to reach a mutually acceptable surface agreement and agreement for the disposition of the hard rock mineral interests. The Anadarko entities and KMOG have been in discussions with the Applicant on this matter, however, no agreement has been reached to date. Because no agreement has been reached between the parties that covers the Property, and in order to protect their mineral and oil and gas interests and private property rights, the Anadarko entities and KM0G object to the application and request that the County make any approval of a final application for development of the Property conditioned upon an agreement among the Anadarko entities, KMOG and the Applicant. Please contact me at 720-929-6671 if you have any questions or comments about this matter. The Anadarko entities and KMOG hope to conclude a mutually acceptable agreement with the surface owner of the property, and we look forward to working with the County to accomplish its land use planning goals. Sincerely, ANADARKO PETROLEUM CORPORATION Katherine Ross Landman cc: Jeff Fiske, Lead Counsel Ron Olsen Don Ballard Clint Hebert Jake Billadeau Justin Shoulders Paul Ratliff MEMORANDUM Planning Commission Board of county Commissioners From: Kim Ogle Subject: Request for Continuance, U R17-oO18 Date: May 16, 2017 The Department of Planning Services received a written request via e-mail for this case to be continued from the Planning Commissioners hearing today, May 16, 2017 and also from the Board of County Commissioners hearing scheduled for June 14, 2017. The applicant is making this request such that adequate Mineral Notification can be provided to the Mineral Interest Owners and Lessees as required by Colorado Revised Statue. Therefore, the applicant is requesting this case be referred back to Planning for action and rescheduling of the land use case before both the Planning Commission and the Board of County Commissioners. On behalf of the applicant, we request your support with this request.,. From: sherilockman@what-wime.com [ ma i Itc .she r ilockmani@wh a t-wice.:_c rri Sent: Thursday, May 04, 2017 9:43 AM To: Kim Ogle < -c_o_f_Ve@coaeld.coms> Subject: Continuance of USR17-0018 Mr. Ogle, As representative for Harold James Amerin Jr. and Linda Lee Amerin I am requesting the continuance of USR17-0018. A waiver from the 30 -day mineral interest notification was not obtained. We also need additional time to address the conditions Sheri Lockman Lockman Land Consulting, LLC 36509 CR 41 Eaton, CO 80615 970-381-0526 SERVICE, TEAMWORK, INTEGRITY, QUALITY PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 7, 2017 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE P ROPERTY AND POST SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT, U R17-0018 FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE, BOAT AND WATER CRAFT PARKING, STORAGE AND STAGING), P ROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED S UBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT KIM OGLE Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thisNrA day of WITNESS my hand and official seat ., s Notary Public My Commission Expires: 0715/16 I avassearamian 0ZI M '19 3NI11 S2 I d 3 N O I SSI N IA100 A intECtZTOZ ciI ALIVION 00\9110103 JO Buis 'nand JAHYJON W]7SNVI �Ntl5!UN +n - ---. w-ee- --, - s T -.r:' _ - . f - l . r. f Yv � Pubikr nos c�Sip Mss p "'lywili boll, Mdlied WAX* Th. Board el Carty Gernmissimers Both nomoincs Mil be hetd at� WELD COUNTY ADMUNISTRATI. M BPJILDING 1i5Ot'tStreet A fa Ipecac bervelopmeed Piss aid Ulla by Soak 441 Use Okra 1? n $ kw any int cenprialoctanion by Cansttv or aces S* Ceuta boilend w es ptosenr owl is a a amiss fig eilterisktio ,fir bei on 01 a Me Om Mild rot go bias ol any omptinions asap*, Ohs a Oriculties itsaw Mina To: From: Subject: Date: MEMORANDUM Planning Commission Kim Ogle, Planning Services Modification to Staff Recommendation July 18, 2017 Addition to staff recommendation: Page 4 of 10: Section 23-2-220.A.4 second paragraph, last sentence, please add: The City of Dacono sent a second referral dated May 1, 2017 stating "The City of Dacono is opposed to any application seeking outdoor storage for the primary use of recreational vehicles, boats and water craft parking, storage and staging." Page 5 of 10, Item 1. Prior to Recording the USR Map - Sub -item 1.6, The USR map shall be amended to delineate the following: Add new number 4 and re -number: The applicant shall adhere to the Uniform Baseline Standards established and adopted by Ordinance 201 and Ordinance 201-A dated August 24, 1998 and amended September 6, 2000 for all site development plans. (Department of Planning Services) SERVICE, TEAMWORK, INTEGRITY, QUALITY ANADARKO PETROLEUM CORPORATION July 18, 2017 VIA E-MAIL Kim Ogle, Planner Weld County - Planning Department 1555 N 17th Avenue Greeley, CO 80631 kogle@weldgov.com MAIN (720) 929-6000 1 099 18TH STREET, SUITE 1800 DENVER, COLORADO 80202 Anada Petroleum Corporation NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD INTERESTS OWNED BY ANADARKO LAND CORE, ANADARKO E&P ONSHORE LLC AND E1-cGEE OIL & GAS ONSHORE LP AND OBJECTION Re: U R17aOO18 Harold & Linda Amerin, Jr. - Property Owner or "Applicant" Township North, Range 67 West Section 3: part of the W1/3S2 ("Application Property") Weld County, Colorado Mr. Ogle: This objection and notice letter is submitted to Weld County ("County") on behalf of Anadarko Land Corp. ("ALC"), Anadarko E&P Onshore LL ("AEP"), and Ken -McGee Oil Gas Onshore LP ("KMOG") with respect to the application for a Site Specific Development Plan and Use by Special Use Permit that has been filed with the County by Harold & Linda Amerin, Jr. ("Applicant") that includes property in the W1/3S2 of Section 3, Township 1 North, Range 67 West in Weld County. ALC and AEP (together the "Anadarko entities") own the minerals that underlie the property located in Section 3 ("Property"). KMOG owns oil and gas leasehold interests in the Property. The Anadarko entities and KMOG wish to give notice to the County of the mineral interests and oil and gas leasehold interests they own under the Property and make the County aware that the approval of a final application for a site specific development plan may significantly impact the prospective development of the minerals and oil and gas interests that underlie the Property. The Anadarko Entities and KMOG object to the approval of a final application for development until agreements on surface use are reached among the Anadarko entities, KMOG and the Applicant covering the Property. The following are comments in support of this Notice and Objection: 1. The Mineral Resources Owned b AlC ALC owns all of the hard rock minerals, including the coat that underlies the Property. ALC has reviewed the Property for coal resource potential and determined that the Property is underlain with Laramie Formation coals that are approximately l94 feet thick and lie at a depth starting at approximately 161 feet. Laramie Formation coals have a high BT' T of approximately 8,900 to 9,800 btu/lb and a low sulfur content of between .3 and .8 percent. ALC estimates that there may be over 25 million tons of Laramie Formation coal in Section 3. 2. The Oil and Gas Resources Owned by the Anadarko Entities. The Anadarko entities together own all of the oil and gas that underlies the Property, and Kerr-McGee owns oil and gas leasehold interests for the Property. 3. There is Clear Statutory Authority and Direction for the County to Fake Into Account the Ri is of Mineral Interest Owners in Its Consideration of Ap fications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees 1nC.R.S. § 30-28433(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 4. Owners of Split. Estates Must Exercise Their Rid hts in a Way that Gives Due Regard to the Rights of the Other. Colorado law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals and that the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each other's rights. 5. The Anadarko Entities and KMOG Have Entered into Many AAgreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proses to Develop the Surface Estate, and the Public Interest is Served b the Parties Entering into Such an Agreement. The mineral assets have significant value and consequently the Anadarko entities and KMOG are concerned that the approval by the County of an application for development of the Property and the subsequent build -out of the Property may impair their ability to develop their minerals and oil and gas interests. Any future surface development plans approved by the County should incorporate and designate lands to be set aside for oil and gas development and expressly provide protection for future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Approval of any surface development plan that forecloses the rights of mineral and leasehold owners may be a compensable taking. The Anadarko entities and KMOG have extensive mineral and oil and gas leasehold interests throughout the State of Colorado and have successfully worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface estate and the oil and gas estate or some other disposition of the minerals. The practice of the Anadarko entities and KMOG is to meet with surface owners to reach a mutually acceptable surface agreement and agreement for the disposition of the hard rock mineral interests. The Anadarko entities and KMOG have been in discussions with the Applicant on this matter; however, no agreement has been reached to date. Because no agreement has been reached between the parties that covers the Property, and in order to protect their mineral and oil and gas interests and private property rights, the Anadarko entities and KMOG object to the application and request that the County make any approval of a final application for development of the Property conditioned upon an agreement among the Anadarko entities, KMOG and the Applicant. Please contact me at 720-929-6671 if you have any questions or comments about this matter. The Anadarko entities and KMOG hope to conclude a mutually acceptable agreement with the surface owner of the property, and we look forward to working with the County to accomplish its land use planning goals. Sincerely, ANADARKO PETROLEUM RPORATION Katherine Ross Landman cc: Jeff Fiske, Lead Counsel Ron Olsen Don Ballard Clint Hebert Jake Billadeau ladeau Justin Shoulders Paul Ratliff Hello