HomeMy WebLinkAbout20181471.tiffPlanner:
C. Gathman
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: May 1, 2018
Case Number: USR18-0002
Applicant: Johnson Farms LLP C/O Kerr McGee Gathering, LLC
Address: 1099 18t" Street, Suite 1800
Representative: Samuel Samet
Request: A Site -Specific Development Plan and Use by Special Review Permit for or Mineral
Resource Development Facilities including Oil and Gas Support and Service
(Compressor Station Facility and laydown yard for oil and gas production equipment)
along with a 70 -foot communication tower in the A(Agricultural) Zone District.
Legal
Description:
Part of the S2 of Section 7, T1 N, R67W of the 6t" PM, Weld County, Colorado
Location: West of and adjacent to County Road 15 and approximately 1/2 mile south of County
Road 12.
Size of Parcel: +/- 309.57 acres Parcel No. 146907400008
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 Works, referral dated 2/12/2018
▪ Department of Planning Services - Floodplain Coordinator, referral dated 2/5/2018
▪ Weld County Department of Public Health and Environment, referral dated 2/9/2018
▪ City of Dacono, referral dated 2/9/2018
▪ Mountain View Fire Rescue, referral dated 1/23/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated 1/15/2018
Y Colorado Department of Transportation, referral dated 2/6/2018
Y Colorado Parks and Wildlife, referral dated 1/16/2018
Y St. Vrain School District RE -1J, referral dated 1/16/2018
Y Weld County Sheriff's Office, referral dated 1/19/2018
Y Town of Frederick, referral dated 1/16/2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y Weld County Department of Building Inspection
Y Weld County Office of Emergency Management
Y Public Safety Wireless Communications Manager
Y Colorado Oil & Gas Conservation Commission
Y Town of Erie
USR18-0002, Kerr McGee Gathering, LLC
Planner:
C. Gathman
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: May 1, 2018
Case Number: USR18-0002
Applicant: Johnson Farms LLP CIO Kerr McGee Gathering, LLC
Address: 1099 18th Street, Suite 1800
Representative: Samuel Samet
Request: A Site -Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service
(Compressor Station Facility and laydown yard for oil and gas production equipment)
along with a 70 -foot communication tower in the A (Agricultural) Zone District.
Legal
Description:
Part of the S2 of Section 7, Ti N, R67W of the 6th PM, Weld County, Colorado
Location: West of and adjacent to County Road 15 and approximately 1/2 mile south of County
Road 12.
Size of Parcel: +/- 309.57 acres Parcel No. 146907400008
Case Summary:
The applicant is proposing an unmanned compressor station (5 gas compressors and 2 electrical
compressors). Additional equipment related to the compressor operation will include vapor recovery units,
separators, dehydrators, launchers, coalescers, storage tanks along with additional compression
equipment. Additionally, the applicant is proposing a laydown yard. A communication tower (70 -feet in
height is proposed) to be located onsite to allow onsite communications. Co -location will be allowed on
the tower as well. The laydown yard will be approximately 7 acres and will include parts for drilling rigs,
iron pipe, two parts trailers, rig mats. A use by right electric switchyard is also proposed for the operation.
The compressor station site will encompass approximately 40 acres on the larger 309.57 -acre parcel. The
facility is proposed to be enclosed by a 6 -7 -foot -high chain -link fence with a potential outrigger and
barbed wire.
No permanent employees will be on -site. An employee will visit the site daily. Bottled water and a port -o -
let is proposed.
This site is located with the Coordinated Planning Agreement (CPA) area between the City of
Dacono/Weld County. The site is required to adhere to the Procedures and Design Standards as
delineated in Chapter 19, Article III of the Weld County Code. Additionally, an annexation agreement is
required per Section 19-2-60.C.2 of the Weld County Code.
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
USR18-0002, Kerr McGee Gathering, LLC
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 22-5-100.A. (OG.Goal 1.) states " Promote the reasonable and orderly
exploration and development of oil and gas mineral resources."
Per the application materials the proposed compressor station is for Kerr-McGee
Gathering, LLC, a subsidiary of Anadarko Petroleum Corporation. Both entities operate
nearly 5,000 wells in Weld County. These wells provide natural gas that need to routed
by pipelines through a number of compressor stations.
Section 22-5-100.B (OG.Goal 2) states: "Ensure that the extraction of oil and gas
resources conserves the land and minimizes the impact on surrounding land and existing
surrounding land uses."
The applicant is not proposing lighting for the laydown yard. Lighting will be provided for
security, evening maintenance and emergency work for the compressor station facility.
The application indicates that proposed lighting will be shielded and downcast to prevent
lighting from shining onto adjacent properties.
Kerr McGee Gathering is proposing to mitigate noise impacts by installing a combustion
air intake silencer, a hospital grade muffler on the engine exhaust and electric driven
compressor coolers. Kerr McGee Gathering will conduct a noise survey to determine if
the compressors meet Colorado Oil and Gas Commission (COGCC) noise regulations. If
noise exceeds these levels sound walls and insulation will be constructed around the
equipment. Ventilation packages may need to be installed to ensure that equipment can
operate while being completely enclosed.
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 provides for a Site Specific Development
Plan and Special Review Permit for (Compressor Station Facility and laydown yard for oil
and gas production equipment) in the A (Agricultural) Zone District.
Section 23-3-10 - Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed compressor station facility is located approximately 3,000-4,600 feet to the
northeast of the nearest residences (5 rural residential lots are located in this area).
Properties immediately adjacent to the facility are in crop production and an existing oil and
gas production production facility (tank battery) site is located immediately to the southeast
of the property.
No responses from surrounding property owners have been received.
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval (including a screening plan and noise
standards) will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
USR18-0002, Kerr McGee Gathering, LLC
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of The City of Dacono, the Town
of Erie and the Town of Frederick. Additionally, the site is in the Dacono/Weld County
Cooperative Planning Agreement boundary.
No referral response was received from the Town of Erie. The Town of Frederick, in their
referral comments, dated 1/16/2018 indicated that they have no concerns.
The City of Dacono, in their referral dated 2/9/2018, is requesting an application for
annexation. Dacono is also requesting a traffic impact study. Dacono has identified an
additional 20 -feet of right-of-way along the west side of County Road 15 as County Road
15 is identified as a major collector in future roadway plans for the City of Dacono.
The City of Dacono also states that the proposed compressor station is an industrial land
use and is inconsistent with the City of Dacono Plan. The City is requesting an application
for annexation.
Per the Weld County/City of Dacono Cooperative Planning Agreement (Section 19-2-60
C.2 of the Weld County Code: "a condition of approval of any rezoning, planned unit
development, subdivision or use by special review for any commercial or industrial use
pursuant to Section 31.4.18 of the Weld County Zoning Ordinance #89 (renumbered as
R of this Code), contained in Appendix , the County shall require that
there be executed annexation agreement between the applicant and the Municipality which
requires the owners to annex the property to the Municipality upon the terms and conditions
and within the time stated in the agreement."
Appendix 19-D is defined as: "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 part of a map or
plan filed prior to adoption of any regulations controlling subdivisions."
Oil and Gas Support and Service uses (including compressor station facilities) require a
USR in the I-1 Industrial Zone District and are permitted as a Use by Right in the 1-2
Industrial and 1-3 Industrial Zone Districts.
The applicant has met with the City of Dacono and are finalizing a pre -annexation
agreement with the City of Dacono. The City of Dacono has provided a draft pre -annexation
agreement to the applicant. Additionally, the applicant is preparing a traffic study for this
use.
Additionally, the development will be required to adhere to the Dacono, Firestone and
Frederick Uniform Baseline Standards in regards to landscaping, screening and lighting.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is within the Geologic Hazard Overlay District and a portion of the property is
within the Flood Hazard Overlay District.
A Floodhazard Development Permit will be required for any development within the
floodplain.
USR18-0002, Kerr McGee Gathering, LLC
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 approximately 40 acres delineated as "Other" and
"Irrigated Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The remainder of the property is delineated as "Prime if Irrigated" and is
mainly cropland.
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. The applicant shall attempt to address the requirements of Mountain View Fire Rescue, as
stated in the referral response dated 1/23/2018. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
B. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for
any development in the floodplain including the access road. (Department of Planning
Services - Floodplain)
C. 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 Planning Services - Engineer)
D. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological
Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of
the Weld County Code. A Geological Hazard Development Permit is required. (Department
of Planning Services - Engineer)
E. The applicant shall submit a copy of a Decommissioning Plan for the compressor facility and
appurtenances to the Department of Planning Services. (Department of Planning Services)
F. The applicant shall submit a screening plan for the proposed laydown yard. The laydown
yard shall be completely screened by a solid wood, metal and/or vinyl fence. As an
alternative the facility shall be screened by a combination of a solid fence and vegetation. If
vegetation is proposed, an irrigation and landscape maintenance plan shall be provided.
The plan shall adhere to the Dacono, Firestone and Frederick Uniform Baseline Standards
for all site development plans, pursuant to Chapter 19, Article III, of the Weld County Code.
(Department of Planning Services)
G. A signed pre -annexation agreement between the applicant and the City of Dacono shall be
provided to the Department of Planning Services. (Department of Planning Services)
USR18-0002, Kerr McGee Gathering, LLC
H. A lighting plan with cut sheets for the facility shall be submitted for review and approval by
the Department of Planning Services. The plan shall adhere to the Dacono, Firestone and
Frederick Uniform Baseline Standards for all site development plans, pursuant to Chapter
19, Article III, of the Weld County Code. (Department of Planning Services)
I. A decommissioning plan for the communications tower shall be submitted and approved by
the Department of Planning Services. (Department of Planning Services)
J. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0002 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
6. County Road 15 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Department of Public Works)
7. Show and label the approved access locations, and the appropriate turning radii (60')
on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
8. Show the approved Municipality of Dacono access(es) on the site plan and label with
the approved access permit number, if applicable. (Department of Public Works)
9. Show and label the entrance gate, if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
10. Show and label the section line Right -of -Way as "CR 10 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
11. Show and label the Geologic Hazard Area on the site plan. (Department of Public
Works)
12. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
USR18-0002, Kerr McGee Gathering, LLC
14. The map shall delineate the landscaping and/or screening per the approved screening
plan. (Department of Planning Services)
15. The map shall delineate the approved lighting. (Department of Planning Services)
16. The applicant shall adhere to the Dacono, Firestone and Frederick Uniform Baseline
Standards for all site development plans, pursuant to Chapter 19, Article III, of the Weld
County Code. (Department of Planning Services)
17. 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)
18. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with
all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR18-0002, Kerr McGee Gathering, LLC
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Gathering LLC
USR18-0002
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0002, for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Compressor Station
Facility and laydown yard for oil and gas production equipment) along with a 70 -foot communication
tower 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. This is an unmanned facility (no full-time onsite employees). (Department of Planning Services)
4. The facility will operate 24 hours a day, 365 days per year. (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained according to the approved USR map.
(Department of Planning Services)
8. Co -location of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
9. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and any associated equipment shall be removed and the premises restored to its original
condition according to the Decommissioning Plan. (Department of Planning Services)
10. Upon termination of the use of the compressor station, the site shall be restored to its original condition
according to the decommissioning plan.
11. 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)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter
14, Article 1 of the Weld County Code. (Department of Public Health and Environment)
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
USR18-0002, Kerr McGee Gathering, LLC
16. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
18. 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 and Environment)
19. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be
inspected at regular intervals and maintained in good condition. All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of
the State Underground and Above Ground Storage Tank Regulations. (Department of Public Heatlh
and Environment)
20. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site or as applicable. (Department of Public Health
and Environment)
21. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
22. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
23. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
24. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
25. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
26. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
27. 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)
28. The property owner shall control noxious weeds on the site. (Department of Public Works)
29. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
USR18-0002, Kerr McGee Gathering, LLC
31. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
32. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
33. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
34. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
35. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological Survey.
(Planning and Engineering)
36. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
37. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map # 08123C -2100E dated January 20, 2016 (Big Dry Creek Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado,
and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate, including
by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
38. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
39. 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 2017 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)
40. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
41. 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.
42. 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.
USR18-0002, Kerr McGee Gathering, LLC
43. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Public Health and
Environment)
44. 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.
45. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate
to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
USR18-0002, Kerr McGee Gathering, LLC
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.
USR18-0002, Kerr McGee Gathering, LLC
March 27, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
SAMET SAMUEL
1099 18TH ST STE 1800
DENVER, CO 80202
Subject: USR18-0002 - A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (Compressor Station Facility and laydown yard for oil and gas production
equipment) along with a 70 -foot communication tower in the A(Agricultural) Zone District.
On parcel(s) of land described as:
S2 SECTION 7, T1 N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 1, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 23, 2018 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.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
.
/M4,
Chris Gathman
Planner
1
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
January 15, 2018
SAMET SAMUEL
1099 18TH ST STE 1800
DENVER, CO 80202
Subject: USR18-0002 - A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (Compressor Station Facility and laydown yard for oil and gas production
equipment) along with a 70 -foot communication tower in the A(Agricultural) Zone District.
On parcel(s) of land described as:
S2 SECTION 7, T1 N, R67W 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 Departments for their review and comments:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
Frederick at Phone Number 720-382-5500
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
'w4,
Chris Gathman
Planner
1
From: Chris Gathman
To: "Keiser, Nathan"
Subject: PRE17-0148 - Dacono Compressor Station - Completeness Review Comments/Items
Date: Thursday, December 07, 2017 7:09:00 AM
Attachments: Updated SPO List,pdf
Dear Nathan,
Staff has reviewed the PRE17-0148 submittal and have the following comments:
Per the Department of Planning Services — the following are needed:
• Submit a copy of the articles of organization for Johnson LP
• Submit any documentation re: whether or not the applicant has had contact/discussions (and
when) with the City of Dacono.
• Sign the Attached SPO list
Per the Engineering Department:
A Preliminary Drainage Report with detention of both the WQCV and the 100 year storm is required
for this site. The applicant has provided design of a pond to capture only the WQCV.
If you have any questions regarding the drainage requirements — you can contact Hayley Balzano
970-400-3552 or hbalzano@weldgov.com
Per the Department of Public Works:
The applicant indicates that the compressor station will be an unmanned 24/7 station w/ one staff
person visiting the site daily. It appears that as part of this application there will also be a laydown
yard. I have not located the proposed/estimated traffic for this use. PW will either need to be
directed to this information or request a memo/statement of proposed traffic for each access/use.
If you have any questions regarding the Department of Public Works comments —you can contact
eitherDawnAnderson—dranderson@weldgov.com- 970-400-3736 or Evan Pinkham —
epinkham@weldgov.com— 970-400-3727
Let me know if you have any questions.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-3537
fax.• 970-400-4098
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
FIELD CHECK inspection dates: 4/14/2018
APPLICANT: Johnson Farms LLP C/O Kerr McGee Gathering, LLC
CASE #: USR18-0002
REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for or Mineral Resource
Development Facilities including Oil and Gas Support and Service (Compressor Station
Facility and laydown yard for oil and gas production equipment) along with a 70 -foot
communication tower in the A(Agricultural) Zone District.
LEGAL: Part of the S2 of Section 7, T1 N, R67W of the 6t" PM, Weld County, Colorado
LOCATION: West of and adjacent to County Road 15 and approximately 1/2 mile south of County
Road 12.
PARCEL ID #s: 146907400008
ACRES:
+/- 309.57 acres
Zoning
Land Use
N
A
N
Cropland
E
A
E
Cropland
S
A
S
Floodplain
W
A
W
Cropland
COMMENTS:
Irrigated cropland on site. Existing oil and gas production facility on the site.
Chris Gathman - Planner III
Hello