HomeMy WebLinkAbout20143194.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR14-0048
APPLICANT: RUSSELL GURTLER JR FAMILY TRUST, C/O KERR-MCGEE OIL & GAS
ONSHORE LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,OIL AND GAS
SUPPORT AND SERVICE,INCLUDING,BUT NOT LIMITED TO A CENTRAL OIL
STABILIZATION FACILITY, THE TRANSLOADING OF A COMMODITY FROM
ONE MODE OF TRANSPORTATION TO ANOTHER INCLUDING TRUCK AND
PIPELINE WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES,INCLUDING
PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME AND RELATED
EQUIPMENT; TEMPORARY STAGING AREA AND LAY DOWN YARD FOR
CONSTRUCTION MATERIALS, CONSTRUCTION OFFICE TRAILERS, AND
CONSTRUCTION PARKING AND MORE THAN ONE CARGO (CONEX)
CONTAINER IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B OF RECX14-0092;BEING PART OF THE N2SE4 SECTION 24,T3N,R65W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 49; 0.5 MILES NORTH OF CR 30.
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 22-2-80 D. I.Goal 4.of the Weld County Code states:"All new industrial development
should pay its own way." The applicant, Kerr-McGee Oil and Gas Onshore, LP, will be
paying for all on-site improvements associated with this use as required through the
improvements agreement." Further, I.Policy 5.1. Industrial uses should be evaluated using
criteria,including but not limited to the effect the industry would have on air and water quality,
natural drainage ways, soil properties and natural patterns and suitability of the land; I.Policy
5.2. Development improvements should minimize permanent visual scarring from grading,
road cuts and other site disturbances. Require stabilization and landscaping of final land
forms, and that runoff be controlled at historic levels." and
Section 22-2-80.E. I.Goal 5. of the Weld County Code states: "New industrial uses or
expansion of existing industrial uses should meet existing federal,state and local policies and
legislation."
The request for a Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, including, Oil and gas
processing facilities and related equipment, Centralized Oil Stabilization Facility;
Transloading; any use permitted as a use by right, an accessory use, or a use by special
review in the commercial or industrial zone districts, 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 and more than two cargo(conex)containers in the
A(Agricultural)Zone District.
The Kerr-McGee/Anadarko Petroleum Corporation infrastructure improvements are .art of a
storage, pipeline and gas processing network necessitated by the EXHIBIT
volumes of gas due to the recent increases in drilling activity an
production increases. Attached Development Standards and Condi
--16 1
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST, C/O KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 2
requirement that the applicant submit a Lighting Plan)will address and mitigate impacts on
the surrounding area.
The applicant will also be required to submit an approved Drainage Report and supporting
construction drawings to address stormwater and drainage issues associated with the
development of this site. Further,the applicant will be required to obtain a grading permit if
more than one(1)acre is disturbed prior to construction which will include at a minimum an
erosion and sediment control plan, a grading plan, installation details of all BMPs to be
utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of
the approved CDPHE stormwater permit. The proposed application will be required to meet
all applicable federal, state and local requirements. The proposed facility expands on the
existing pipeline and associated infrastructure in this area of the County in an effort to move a
commodity efficiently and effectively to market while reducing the Volatile Organic Compound
footprint in the DJ Basin.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
Citing the following Code Sections, Section 23-3-40.A.1 of the Weld County Code provides
for an Oil and Gas Support and Service facility, including the twin tank farm; Section 23-3-
40.A.2 provides for the gas processing component; Section 23-3-40.A.7 provides for the
transload component that is part of the facility; Section 23-3-40.S provides 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, 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 and Section 23-3-40.BB addresses more than the number
of cargo containers allowed as a use by right per legal lot or parcel in the A (Agricultural)
Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property slopes slightly to the south and historically was utilized as dryland agriculture.
Multiple gas pipelines bisect the property and there are six Noble energy wells that impact the
use of the property to varying degrees. In the immediate area, there is no residential
development, although there are residences to the north, south and west, with the nearest
residence being approximately 500 feet north of the north property line. There is industrial
type development immediately adjacent to this proposed facility,including White Cliffs/Rose
Rock Oil Polishing Plant and associated tank farm upload facility and to several high pressure
pipelines permitted through Weld County and permitted by other agencies. There are
thirteen(13)property owners and 16 parcels within five hundred feet of this proposed facility,
and to date there have been no telephone call or correspondence received from surrounding
property owners or interested persons concerning 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 not located within a three(3)mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The property is not within the Airport, Special Flood Hazard Area or Geologic
Hazard Overlay districts. .
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST, CIO KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 3
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"Prime if they become irrigated"and"Other"Lands per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no
irrigation water associated with the property and in recent years has been utilized as dryland
without site improvements. The property is further encumbered by six well heads and
associated surface piping, thereby making agricultural practices difficult.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the(concerns) of the Colorado Interstate Gas Company, LLC, as
stated in their referral dated September 12, 2014. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall submit a Screening/ Landscape Plan to the Department of Planning
Services for review and approval. All areas utilized for storage shall be screened from adjacent
properties and public rights of way. (Department of Planning Services)
C. The applicant shall submit a Signage Plan to the Department of Planning Services,for review
and approval, if signage is desired. Signs shall be in compliance with Chapter 23,Article IV,
Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
D. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Public Works)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0048(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)
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST, C/O KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 4
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The approved Screening/Landscape Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. County Road 30 is designated on the Weld County Road Classification Plan as a
collector road,which requires 80 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future
County Road 30 right-of-way. All setbacks shall be measured from the edge of future
right-of-way. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the plat. If the right-of-
way cannot be verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Planning Services- Engineer)
9. County Road 49 is designated on the Weld County Road Classification Plan as a arterial
road,which requires 140 feet of right-of-way at full build out.There is presently 60 feet of
right-of-way.An additional 40 feet shall be delineated on the plat as future County Road
49 right-of-way.All setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-
way and this information shall be noted on the plat. If the right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County. (Department of Planning
Services- Engineer)
10. Show the approved access on the map and label with the approved access permit
number AP14-00390. (Department of Public Works-Access)
11. The applicant shall delineate the standard tracking control on the map. (Department of
Planning Services- Engineer)
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 map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the USR 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 USR
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)
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 sent to
mapsna.co.weld.co.us. (Department of Planning Services)
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST, C/O KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 5
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services—Engineer)
B. Right of way permit is required for any work within the public right of way. (Department of
Planning Services—Engineer)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services—Engineer)
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. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Building Inspection)
8. Within 6 months of commencement of operations:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Weld County Department of Public Health&Environment)
9. 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)
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST, C/O KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 6
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 October 7, 2014.
Dated the 7th of October, 2014.
Digitally signed by Kristine
9G ,1:66-1 � Ranslem
Date:2014.10.10 09:49:49-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Oil and Gas OnShore, LP
Centralized Oil Stabilization Facility
USR14-0048
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Support and Service, including, Oil and gas processing facilities and related
equipment,Centralized Oil Stabilization Facility;Transloading;any use permitted as a use by right,an
accessory use,or a use by special review in the commercial or industrial zone districts, 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 and more than two cargo (conex)
containers 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 number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems (O.W.T.S.) Regulations. (Department of
Planning Services)
4. The hours of operation are twenty-four(24)hours a day,7 days a week, 365 days a year,as stated by
the applicant(s). (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., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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.,as amended.(Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance
with the approved waste handling plan,at all times. (Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan, at all times. (Department of Public
Health and Environment)
9. The applicant shall obtain an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit from the
Air Pollution Control Division, Colorado Department of Health and Environment, as applicable.
(Department of Public Health and Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code,pertaining to On-site Wastewater Treatment
Systems. (Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST, C/O KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 8
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's) and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
14. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
15. 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,or with all applicable State noise statutes
and/or regulations. (Department of Public Health and Environment)
16. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
17. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention
berm shall be constructed around the aboveground storage tanks. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the berm and sufficient
freeboard to contain precipitation. Alternative protective measures may be allowed provided they
comply with the Colorado Oil and Gas Conservation Commission regulations. (Department of Public
Health and Environment)
18. 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)
19. 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)
20. The screening/landscape/signage/lighting on the site shall be maintained in accordance with the
approved Screening/Landscape/Signage/Lighting Plans. (Department of Planning Services)
21. 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)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services—Engineer)
23. Weld County is not responsible for the maintenance of onsite drainage related features.(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. 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 2011 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)
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST; C/O KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 9
26. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
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. 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
RESOLUTION USR14-0048
RUSSELL GURTLER JR FAMILY TRUST, C/O KERR-MCGEE OIL&GAS ONSHORE LP
PAGE 10
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.
Mt. 3
toH \ ' q
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
The Chair called a recess at 3: 50 pm and reconvened the hearing at 4:02 pm
CASE NUMBER: USR14-0048
APPLICANT: RUSSELL GURTLER JR FAMILY TRUST, CIO KERR-MCGEE OIL & GAS
ONSHORE LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND
GAS SUPPORT AND SERVICE, INCLUDING. BUT NOT LIMITED TO A
CENTRAL OIL STABILIZATION FACILITY: THE TRANSLOADING OF A
COMMODITY FROM ONE MODE OF TRANSPORTATION TO ANOTHER
INCLUDING TRUCK AND PIPELINE WITHOUT LIMITATION FOR OIL AND
GAS INDUSTRIES. INCLUDING PETROLEUM PRODUCTS AND STORAGE
RELATED TO SAME AND RELATED EQUIPMENT: TEMPORARY STAGING
AREA AND LAY DOWN YARD FOR CONSTRUCTION MATERIALS,
CONSTRUCTION OFFICE TRAILERS. AND CONSTRUCTION PARKING AND
MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B OF RECX14-0092: BEING PART OF THE N2SE4 SECTION 24, T3N,
R65W OF THE 6TH P. M. : WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 49; 0.5 MILES NORTH OF CR 30.
Kim Ogle, Planning Services, presented Case USR14-0048, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Kim Cooke, Kerr McGee, 1099 18th Street, Denver, Colorado. stated that they are proposing a central oil
stabilization facility. This facility allows them to bring the oil from individual locations to this facility;
thereby reducing their footprints at the well locations and truck traffic in the field. There will be employees
on site both during the day and night.
Commissioner Sparrow asked if the oil will be coming in by truck or by pipeline. Ms. Cooke replied that it
will come into the facility by pipeline.
Commissioner Smock asked how much of this facility has been built. Joe Aucoin said that they have only
built the two (2) tanks for oil storage. Ms. Smock wished to go on record that they should receive
approval of the USR before construction begins. Mr. Aucoin said that they have received early release of
building permits.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
The Chair asked the applicant if 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 USR14-0048 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval ,
Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford , Bruce Johnson, Bruce Sparrow, Jason Maxey. Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross. EXHIBIT
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