HomeMy WebLinkAbout20181470.tiffBEFORE 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
APPLICANT
PLANNER.
REQUEST
LEGAL DESCRIPTION.
LOCATION
USR 18-0002
JOHNSON FARMS. LLP. C/O KERR MCGEE GATHERING LLC
CHRIS GATHMAN
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
AND OIL AND GAS SUPPORT EQUIPMENT) ALONG WITH A 70 -FOOT
COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
PART OF THE S2 SECTION 7. Ti N. R67W OF THE 6TH P M.. WELD COUNTY,
COLORADO
WEST OF AND ADJACENT TO CR 15 AND WEST OF AND ADJACENT TO
THE INTERSECTION OF CR 10 AND CR 15
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.
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 22-5-100.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.
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
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, 0/O KERR MCGEE GATHERING, LLC
PAGE 2
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
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
Section 23-3-40 R of this Code), contained in Appendix 19-D, 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
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, CIO KERR MCGEE GATHERING, LLC i
PAGE 3
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
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 Planning Commission 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)
RESOLUTION USR18-0002
JOHNSON FARMS. LLP, C/O KERR MCGEE GATHERING. LLC
PAGE 4
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
facility shall be
proposed, an irrigation and landscape maintenance plan shall be provided. A landscaping and
screening plan shall be submitted. The landscape and screening plan for the entire facility,
including the compressor facility. 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)
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. A Communications Plan shall be submitted for review and approval by the Department of
Planning Services. (Department of Planning Services)
K 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)
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)
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, C/O KERR MCGEE GATHERING, LLC
PAGE 5
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)
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)
RESOLUTION USR18-0002
JOHNSON FARMS. LLP. CIO KERR MCGEE GATHERING. LLC
PAGE 6
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(a�co.weld.co.us.
(Department of Planning Services)
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)
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
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 Commissioners for further proceedings.
CERTIFICATION OF COPY
I. Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 1, 2018.
Dated the 1St of May. 2018
saVekin&12)tanot
rt
ti
Kristine Ranslem
Secretary
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, CIO KERR MCGEE GATHERING, LLC
PAGE 7
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 1501 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)
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, 0/O KERR MCGEE GATHERING, LLC
PAGE 8
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)
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, C/O KERR MCGEE GATHERING, LLC
PAGE 9
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 unmaintamed County right-of-way and maintenance of the nght-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
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, C/O KERR MCGEE GATHERING, LLC
PAGE 10
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 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
RESOLUTION USR18-0002
JOHNSON FARMS, LLP, C/O KERR MCGEE GATHERING, LLC
PAGE 11
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
Pc. rn in° +es
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. May 1, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room. 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair.
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola. Lonnie Ford. Michael Wailes.
Richard Beck. Terry Cross. Tom Cope.
Also Present: Kim Ogle and Chris Gathman. Department of Planning Services; Lauren Light. Department
of Health: Evan Pinkham and Hayley Balzano, Public Works: Bob Choate. County Attorney, and Kris
Ranslem, Secretary.
CASE NUMBER.
APPLICANT.
PLANNER
REQUEST:
LEGAL DESCRIPTION.
LOCATION:
USR18-0002
JOHNSON FARMS. LLP. C/O KERR MCGEE GATHERING LLC
CHRIS GATHMAN
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
AND OIL AND GAS SUPPORT EQUIPMENT) ALONG WITH A 70 -FOOT
COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
PART OF THE S2 SECTION 7 Ti N. R67W OF THE 6TH P M . WELD COUNTY.
COLORADO
WEST OF AND ADJACENT TO CR 15 AND WEST OF AND ADJACENT TO
THE INTERSECTION OF CR 10 AND CR 15
Chris Gathman, Planning Services, presented Case USR18-0002. reading the recommendation and
comments into the record. Mr. Gathman noted that no phone calls or correspondence were received from
surrounding property owners. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Mr. Gathman noted that applicants have entered into a pre -annexation agreement with the Town of Dacono.
Mr. Gathman said that he would like to request some clarification in the Staff Report in regard to the
screening plan in Condition of Approval 1.F. Additionally. he would like to add a new Condition of Approval
for a Communications Plan to be submitted for review and approval.
Evan Pinkham, Public Works. reported on the existing traffic, access to the site and the drainage conditions
of the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Sam Samet, Kerr McGee, 1099 18' Street, Denver. Colorado. provided a visual slide that shows the flow
of their compressor stations and pipelines.
Commissioner Ford asked if the compressors will be housed in an insulated building_ Mr. Samet replied
yes. Mr. Ford asked if there will be any berms located on site. John Crooks, Project Engineer. 1099 18th
Street, Denver. Colorado said that there are no proposed berms around these compressors at this time.
Nathan Keiser. Anadarko Petroleum. 1099 18th Street. Denver. Colorado, stated that this is the fifth
compressor station of the exact same design that they have built. He added that this site is identical to the
other facilities they have built so they have been able to conclude that they can operate at the residential
noise standard. He added that they haven't received any complaints regarding vibration or lighting.
Commissioner Cope asked about converting all the compressors to electrical compressors. Mr Crooks
said that the engine driven compressors are more cost effective.
1
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 Staff for their requested changes to the Staff Report
Mr Gathman suggested amending Condition of Approval 1 F to read "The applicant shall submit a
landscape and screening plan for the proposed laydown yard and compressor station facility The laydown
yard component 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 for the entire facility including
the compressor station component shall adhere to the Dacono, Firestone and Fredrick Uniform Baseline
Standards for all site development plans, pursuant to Chapter 19, Article III, of the Weld County Code "
Commissioner Stille suggested only keeping the final sentence and removing the remaining language Mr
Gathman said that he would be comfortable with that
Motion Amend Condition of Approval 1 F to read "The plan for the entire facility, including the compressor
station component, 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", Moved by Gene
Stille, Seconded by Jordan Jemiola Motion carried unanimously
Mr Gathman requested to add a new Condition of Approval 1 J to read "A Communications Plan shall be
submitted for review and approval by the Department of Planning Services"
Motion Add new Condition of Approval 1 J, as stated by Staff Moved by Tom Cope, Seconded by
Michael Wailes Motion carried unanimously
The Chair asked the applicant if they have read through the amended 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 USR18-0002 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Tom Cope
Vote Motion carried by unanimous roll call vote (summary Yes = 9)
Yes Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard
Beck, Terry Cross, Tom Cope
Meeting adjourned at 3 21 pm
Respectfully submitted,
45\1,66ni-,414
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address.
NAME
ADDRESS
John Doe
123 Nowhere Street, City, State, Zip
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