HomeMy WebLinkAbout20160346.tiff v.
LAND USE APPLICATION
' SUMMARY SHEET
Planner: Kim Ogle Hearing Date: January 5, 2016
Case Number: USR15-0065
Applicant: National Western Holdings, LLC c/o Mark E. McDonald
7247 East County Line Road, Longmont, Colorado 80501
Request: A Site Specific Development Plan and Use by Special Use Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service (Parking and
maintenance of exploration, production or workover equipment; Equipment and storage
yards for road and pipeline construction contractors, and production unit set-up and
maintenance contractors; Parking and maintenance for tank and water service
companies; Storage and rental yards for pipe and production equipment, Field offices
used by production-related records and maintenance personnel), and 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 equipment/vehicle storage and
staging), provided that the property is not a lot in an approved or recorded subdivision
plat or lots pads of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural)Zone District.
Legal Part of the NE4 of Section 11, Township 3 North, Range 67 West of the 6th P.M.,
Description: County of Weld, State of Colorado
Location: 360 feet South of County Road 36; West of and adjacent to County Road 35
Size of Parcel: +/- 80 acres Parcel No. 1211-11-1-00-001
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Weld County Department of Public Health and Environment, referral dated October 28, 2015
• Anadarko Petroleum Corporation, referral dated November 9, 2015
y Weld County Department of Planning Services- Engineer, referral dated November 12, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County School District RE-1, referral dated October 12, 2015
y Weld County Zoning Compliance, referral dated October 13, 2015
➢ Town of Platteville, referral dated October 13, 2015
• Weld County Sheriff's Office, referral dated October 13, 2015
• Weld County Department of Public Works-Access, referral dated October 20, 2015
➢ Town of Gilcrest, referral dated October 21, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Platteville Fire Protection District ➢ Encana Oil and Gas, Inc.
➢ Platte Valley Conservation District ➢ Department of Building Inspection
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 1 of 9
Case Summary:
The property was historically utilized as a Butterball Turkey Farm. National Western Holdings, LLC
intends to utilize 80 acres of the 320 acre parcel for outdoor storage and staging for various types of
construction equipment, construction materials, over the road tractor-trailers, oil field equipment,
oilfield offices and outdoor storage and staging of equipment and materials. The remaining 240 acre
parcel will be utilized for agriculture.
There is an active Zoning Violation (ZCV15-00103) initiated due to the operation of a commercial oil &
gas storage without first completing the necessary Weld County Zoning Permits. If this application is
approved by the Board of County Commissioners, the conditions of approval met and the USR map
recorded, this action will correct this outstanding violation. If this application is denied, all commercial
storage shall be removed within 30 (thirty) days of denial or the violation will proceed in court
accordingly.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 23-2-220.A.1. A.Policy 7.1.
states "County land use regulations should support commercial and industrial uses that
are directly related to, or dependent upon, agriculture, to locate within the agricultural
areas, when the impact to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably obtainable." The heavy
equipment - trucking and truck repair shop along with outside equipment/vehicle storage
and staging facility is presently in operation on site and is located in an area that allows
good access to the oil field and construction areas.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." Given the storage component, staff will be
requiring a Screening Plan to screen outdoor storage/staging of vehicles, and the parking
on the property will need to mitigate the impacts of noise, exhaust onto neighboring
properties. Per the application materials the hours of operation and on-site commercial
activity is restricted to 7:00am to 4:00pm daily.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code lists Mineral
resource development facilities including: Oil and Gas Support and Service (parking and
maintenance of exploration, production or workover equipment; Equipment and storage
yards for road and pipeline construction contractors, and production unit set-up and
maintenance contractors; Parking and maintenance for tank and water service
companies; Storage and rental yards for pipe and production equipment, Field offices
used by production-related records and maintenance personnel); Section 23-3-40.S of
the Weld County Code lists 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
equipment/vehicle storage and staging) provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions as a Use by Special Review in the A
(Agricultural)Zone District.
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 2 of 9
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding land uses include large tract agriculture
parcels. There are several USRs in the general area, two are located within a mile of the
proposed storage yard, 2AmUSR-1280 a compressor station for Kerr-McGee Gathering
is located to the southeast and USR-1030 for 140ft in height private antennas is located
to the southwest. There are five property owners on five parcels within 500 feet of the
proposed facility, some parcels have residential structures. As previously stated, staff will
be requiring a Screening Plan to screen outdoor storage/staging of vehicles, and the
parking on the property will need to mitigate the impacts of noise, exhaust onto
neighboring properties. As of December 30, 2015 the Department of Planning Services
has not received any comments from surrounding property owners with concerns or
comments on this land use application.
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 three miles of the Towns of Gilcrest and
Platteville. The Town of Gilcrest in their referral dated October 21, 2015 and the Town of
Platteville in their referral response dated October 13, 2015 indicated no conflict with their
interests.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is not located within the Floodplain, Geologic Hazard or
the Airport Overlay areas. The property is located within the County-Wide Road Impact
Fee Area and the Capital Expansion Impact Fee area.
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 as "Prime if they become Irrigated" and "Other" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
applicant is making use of existing structures on site and this area of the farm is not
irrigated.
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the USR map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including dust control, damage repair, specified haul
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 3 of 9
routes and future traffic triggers for improvements will be included. (Department of Public
Works)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0065 (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. County Road 35 is a gravel road and is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site map 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 Planning Services— Engineer)
5. Show the approved access(es) on the plat and label with the approved access permit
number(AP15-00508). (Department of Planning Services— Engineer)
6. Show and label the approved tracking control onto publically maintained roadways on
the map. (Department of Planning Services— Engineer)
7. Show and label all easements with the recorded document reception number and
date on the site plan. (Department of Planning Services— Engineer)
8. Show and label the screened trash collection area. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
9. Show and label the screening on the USR Map. (Department of Planning Services)
10. Show and label the parking on the USR Map. (Department of Planning Services)
11. Show and label the lighting on the USR Map. (Department of Planning Services)
12. 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)
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 USR 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. (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 added
for each additional three (3) month period. (Department of Planning Services)
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 4 of 9
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services-Engineer)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services-Engineer)
6. 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 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)
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 5 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
National Western Holdings, LLC
USR15-0065
I. A Site Specific Development Plan and Use by Special Use Permit, USR15-0065, for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Parking and
maintenance of exploration, production or workover equipment; Equipment and storage yards for
road and pipeline construction contractors, and production unit set-up and maintenance contractors;
Parking and maintenance for tank and water service companies; Storage and rental yards for pipe
and production equipment, Field offices used by production-related records and maintenance
personnel), and 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 equipment/vehicle storage and staging), provided
that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions 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 are 7:00 a.m. -4:00 p.m. daily, as stated by the applicant(s). (Department of
Planning Services)
4. The number of full time employees is limited to two (2) as stated by the applicant. (Department of
Planning Services)
5. 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 & Environment)
6. 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 & Environment)
7. 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 & Environment)
8. 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 &
Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day,
and 2 or less full time employees on site, 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 & Environment)
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 6 of 9
11. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health & Environment)
12. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health & Environment)
13. All potentially hazardous chemicals 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 & Environment)
14. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health & Environment)
15. Septage requirements for SS-1500005 shall be adhered to, as applicable. (Department of Public
Health & Environment)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. 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)
18. The parking on the site shall be maintained. (Department of Planning Services)
19. 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)
20. The landscape on site shall be maintained. (Department of Planning Services)
21. The 100 % opaque screening on the site shall be maintained. (Department of Planning Services)
22. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services
- Engineer)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
24. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
25. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Department of Planning Services- Engineer)
26. 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)
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 7 of 9
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
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.
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.
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 8 of 9
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, 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.
USR15-0065 NATIONAL WESTERN HOLDINGS,LLC,Page 9 of 9
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
C v i FAX: (970) 304-6498
r
December 07, 2015
MARK E MCDONALD
7247 E COUNTY LINE RD
LONGMONT, CO 805048430
Subject: USR15-0065 - A Site Specific Development Plan and Use by Special Use Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (parking and maintenance
of exploration, production or workover equipment; equipment and storage yards for road and pipeline
construction contractors, and production unit set-up and maintenance contractors; parking and
maintenance for tank and water service companies; storage and rental yards for pipe and production
equipment, field offices used by production-related records and maintenance personnel), and 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 equipment/vehicle storage and staging), provided that the property is
not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A(Agricultural)Zone District
On parcel(s)of land described as:
PART NE4 SECTION 11, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 5, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 27, 2016
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
�.yx._S /__ Reason:I am the author of this document
Date:2015.12.07 13:42:31 -07'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.ca.us
r. PHONE: (970)353-6100, Ext. 3549
ti ' Y FAX: (970)304-6498
October 12, 2015
MARK E MCDONALD
7247 E COUNTY LINE RD
LONGMONT, CO 805048430
Subject: USR15-0065 - A Site Specific Development Plan and Use by Special Use Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (parking and maintenance
of exploration, production or workover equipment; equipment and storage yards for road and pipeline
construction contractors, and production unit set-up and maintenance contractors; parking and
maintenance for tank and water service companies; storage and rental yards for pipe and production
equipment, field offices used by production-related records and maintenance personnel), and 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 equipment/vehicle storage and staging), provided that the property is
not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A(Agricultural)Zone District
On parcel(s)of land described as:
PART N2 NE4 SECTION 11, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Gilcrest at Phone Number 970-737-2426
Platteville at Phone Number 970-785-2245
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
I n Digitally o signed by Khis of Ranslem
Reason:I am the author of this document
Date:2015.10.12 10:25:34-06'00'
Kim Ogle
Planner
FIELD CHECK USR15-0065 Inspection Date: December 21, 2015
APPLICANT: NATIONAL WESTERN HOLDINGS, LLC CIO MARK E. MCDONALD
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE (PARKING AND MAINTENANCE OF EXPLORATION,
PRODUCTION OR WORKOVER EQUIPMENT; EQUIPMENT AND STORAGE YARDS
FOR ROAD AND PIPELINE CONSTRUCTION CONTRACTORS, AND PRODUCTION
UNIT SET-UP AND MAINTENANCE CONTRACTORS; PARKING AND MAINTENANCE
FOR TANK AND WATER SERVICE COMPANIES; STORAGE AND RENTAL YARDS
FOR PIPE AND PRODUCTION EQUIPMENT, FIELD OFFICES USED BY PRODUCTION-
RELATED RECORDS AND MAINTENANCE PERSONNEL), AND 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 EQUIPMENTNEHICLE
STORAGE AND STAGING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
PART OF THE NE4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO
LOCATION: 360 FEET SOUTH OF COUNTY ROAD 36; WEST OF AND ADJACENT TO COUNTY
ROAD 35
SIZE OF +1- 80 ACRES PARCEL NO. 1211-11-1-00-001
PARCEL:
Zoning Land Use
N AGRICULTURE N DRYLAND AGRICULTURE WITH OIL AND GAS
APPURTENANCES
E AGRICULTURE E DRYLAND AGRICULTURE WITH OIL AND GAS
APPURTENANCES
S AGRICULTURE S DRYLAND AGRICULTURE WITH OIL AND GAS
APPURTENANCES
W AGRICULTURE W DRYLAND AGRICULTURE WITH OIL AND GAS
APPURTENANCES
Comments:
COUNTY ROAD 35 IS AN ALL WEATHER ROAD WITH LIGHT TO MODERATE TRAFFIC ON DAY
OF VISIT. THE FACILITY HAS A FABRIC SCREENED ENCLOSED AREA BETWEEN EXISTING
STRUCTURES. ONE ACCESS TO THE FACILITY IS SHARED WITH THE MCDONAL FARMS
PROPERTY, OIL AND GAS INTERESTS, AND THIS PROPOSED STORAGER FACILITY. THE
FACILITY IS FENCED IN THREE STRAND BARB WIRE, APPROXIMATELY 4 FEET IN HEIGHT.
WITH ALL ACCESSES TO THEPROPERTY AND THIS SITE FENCED WITH STANDARD FARM
FENCES,.
THE FACILITY IS ISOLATED WITH NO RESIDENCES OWNED BY OTHERS OUTSIDE OF THE
PROPERTY OWNER LOCATED WITHIN ONE MILE OF THE FACILITY. AS THE SITE WAS
PREVIOUSLY UTILIZED AS A TURKEY FARM THERE ARE SEVERAL RESIDENCES,
OUTBUILDINGS and SUPPORT STRUCTURES LOCATED ON THE HALF SECTION.
SignatUfe r
0 Access to Property —Section Line ❑ Site Distance 0 Oil & Gas Structures
Law Offices of Maria Petrocco
10955 Westmoor Drive #400
Westminster, CO 80021
Maria M Petrocco
Licensed in Colorado and Wyoming
December 23, 2015
Via E-Mail followed by Certified Mail
Kim Ogle, Planner
Weld County Department of Planning and Zoning
1555 North 17°i Avenue
Greeley, Colorado
Re: Application for USR Permit 15-0065
Applicant: National Western Holdings, LLC
Applicant Lands: T3N, R66 West, N2NE4 Section 11
Dear Mr. Ogle:
I am responding to Anadarko's Letter of Objection dated November 11, 2015 on
behalf of my client National Western Holdings, LLC,the Applicant (referred to as "National
Western") for the above-referenced Site Specific Development Plan and Use by Special
Permit. National Western's use of the Applicant Lands does not interfere with existing or
future coal, oil or gas operations and there is no need at this time for a surface use agreement.
Anadarko's first objection based upon use of the surface for coal mining is
preposterous for many reasons. The Mining Engineer at the State of Colorado Reclamation,
Mining and Safety informed me on two separate occasions that there has been no coal mining
in Weld County since 1978. There has not been a permit applied for mining coal in Weld
County since 1981 and moreover you cannot strip mine where buildings are located. I have
included information from the website of the State of Colorado Reclamation, Mining and
Safety revealing the status of permits to mine coal in Weld County and disclosing the dearth
of coal activity in Weld County. Coal Mining in Colorado is centered only in the western
slopes.
• ` ! phone: 303.379.2125 I fax: 303.379.2154 I I www.petroccolaw.com 1 of 1
Second, Anadarko's rights to use and access the surface as a mineral owner has been
accommodated. Colorado law provides National Western, as owner of the surface must
reasonably allow the use of a portion of the land that is reasonably necessary to develop the
minerals. Gerrity Oil&Gas Corp. n. Magness, 946 P.2d 913, 927 (Colo. 1997). This standard
of reasonable accommodation has been codified by statute in Colorado Revised Statutes §34-
60-127; and the Colorado Oil and Gas Conservation Commission ("COGCC") has further
defined the standard in Weld County by establishing 5 drilling windows per quarter section
where a well or wells may be drilled. COGCC Rule 318 A. COCCC Rule 318A.a designates
five "drilling windows"per quarter section of land.
As you can see from the enclosed map, Anadarko has drilled wells in the drilling
window and outside of the drilling windows in the Northeast Quarter of the Section. To be
exact, nine wells have been drilled in the Northeast Quarter, and 8 are producing wells. From
the number of producing wells,I would comfortably conclude that Anadarko has had adequate
access and use of the Application Lands for the development of the minerals. Furthermore,
Anadarko can continue to drill additional wells within the drilling windows, with the
exception of the drilling window in the northeast corner because of the buildings.
Moreover, the future decision to drill any additional wells within the Application
Lands and outside the drilling windows is not feasible when considering the 200 foot setback
to the existing buildings, the setback from existing wells, the 150 foot setback from the
property boundaries and the 200 foot setback from roads. Therefore, approval of National
Western's application to use the Application Lands for a parking and storage facility in no
way effects future oil and gas development. For the reasons articulated above, no wells would
be permitted within the Application Lands because of the setbacks and Anadarko is still able
to use the surface within the remaining 2 drilling windows (SE and middle drilling windows).
Finally, Anadarko inappropriately hinged their approval of this Application upon
National Western signing a generic form Surface Damage Agreement with standard form
easements and subsurface easements. The offer of a surface use agreement at this point in
phone: 303.3792125 I fax: 303.379.2154 I www.petroccolaw.com 2 of 2
time when no application for permits are pending is premature and not in accordance with the
COGCC rules of surface notice consultation and good faith negotiations.'
The proposed Surface Damage Agreement provides no date(s)when Anadarko intends
to commence operations on the Subject Lands and fails to provide any of the COGCC-
produced surface owner materials, both of which are specifically required by the applicable
COGCC Rule 305 .f.
These foregoing deficiencies tare not cured by Kerr-McGee's provision of"standard"
surface use/damages, right-of-way and subsurface easement agreements, all of which are
generic in nature, overly broad in scope,and contain no provisions that take into consideration
the peculiar characteristics of the Property. In keeping in line with the Gerrity case cited
above, the GOCCC has placed certain requirements on operators such as Anadarko in
connection with surface use. COGCC Rule 306 mandates that the operator has an affirmative
duty to consult with the surface owner at a time mutually agreed to by the parties prior to the
commencement of operations with heavy equipment upon the lands. As such, Anadarko
cannot force consultation without definitive plans for operations in the immediate future.
Furthermore, COGCC Rule 306 specifically requires the consultation must include a
description or diagram of the proposed drilling locations and dimensions of the drill site. This
was not provided to National Western because Anadarko has no immediate plans to drill and
negotiation. This forces National Western to enter into "standard"surface use agreement now
to get Weld County approval. This is coercion to get National Western to sign off on a
premature,vague surface use agreement in exchange for Anadarko's approval of the Site Plan.
National Western does not want to waive its valuable rights to negotiate a proper surface use
agreement when Anadarko has a solid plan and National Western is in a proper position to
negotiate and execute agreements for the surface, compensation for damages, and related
right-of-way.
I respectfully request that recommendation be made to the Board to approve this
Application. National Western's use of the Applicant Lands does not impede oil and gas
'See COGCC Rule 305.1
2 COGCC Rule 305.1(2)
phone: 303.379 2125 I fax: 303.379.2154 J I www.petroccolaw.com 3 of 3
•
•
development as Anadarko cannot drill any wells within the portion of the Applicant Lands
being utilized pursuant to the COGCC setbacks. Moreover, Anadarko has already drilled 4
producing wells in the drilling windows and may continue to drill within the drilling windows
as allowed under the COGCC rules. The argument for coal strip mining is implausible and is
pathetic excuse to prevent the approval of the pending Application.
Once Anadarko has concrete and imminent plans to drill wells, with specific details
concerning the timing and the specific nature and location of the planned wells and
corresponding facilities, National Western will conduct good faith negotiations. Only then
can the parties reach an agreement regarding use of the surface that will take into
consideration the particulars and give due regard for each other's use of the property. In the
interim, there is not one valid reason that National Western's Application should not be
granted.
Thank you in advance for your time and attention to this matter.
Sin rely
p
Maria M. Petrocco
ENCLOSURES
cc: Mark McDonald via e-mail with enclosures
cc: Paul Ratliff via e-mail with enclosures
cc: Susan Aldridge, Sr. via e-mail with enclosures
I phone: 303.379.2125 I fax: 303.379.2154 I I www.petroccolaw.com 4 of 4
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Mining Operations Report Page 1 of 1
Colorado Division of Minerals & Geology Report Sorted By County 12/22/2015
You requested a report sorted by County/Operator/Permit Number and based on
County:
Operator. All Operators
Permit Number. All Permit Numbers Resort by Operator/ Permit Number
M;ne Name: All Mine Names
Permit Status:
Commoddy: CO;
Sorry, your selection criteria returned no records.
Return
http://165. 127.23. 166/operatordb/report.asp 12/22/2015
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