HomeMy WebLinkAbout20182808.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: August 21, 2018
Case Number: USR18-0052
Applicant: Outrigger DJ Operating, LLC, do Andrew Perdue, 1200 17'" Street, Denver, CO 80202
Representative: Tammy Zimbelman, ZAP Engineering, 333 S. Allison Parkway, Lakewood, CO 80226
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas
Processing facility, one (1) up to one hundred sixty (160) feet in height secure
communications tower and up to five (5) temporary construction trailers and up to eleven
(11) temporary during construction conex containers in the A (Agricultural) Zone District
(Makena Gas Plant)
Legal E2 SE4 of Section 25 Township 8 North, Range 62 West of the 6'" P.M., Weld County
Description: Colorado
Location: North of and adjacent to County Road 88 Section Line; west of and adjacent to County
Road 85 Section Line
Size of Parcel: +1- 80.9 acres Parcel No. 0545-25-4-00-001
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
y Weld County Public Safety Wireless Communication Manager, referral dated June 11, 2018 and
electronic mail dated July 24, 2018
y Weld County Department of Public Health and Environment, referral dated July 6, 2018
y Weld County Public Works, referral dated July 11, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated June 8, 2018
▪ Weld County Sheriff's Office, referral dated June 22, 2018
▪ Weld County Extension, referral dated June 26, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
81V V V V 81
History Colorado
Colorado Parks and Wildlife
Weld County Building Inspection
Briggsdale Fire Protection District
West Greeley Conservation District
State of Colorado Department of Transportation
Weld County Office of Emergency Management
USR18-0052 -- OUTRIGGER DJ OPERATING LLC, Page 1
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle Hearing Date: August 21, 2018
USR18-0052
Outrigger DJ Operating, LLC, do Andrew Perdue, 1200 17' Street, Denver, CO
80202
Tammy Zimbelman, ZAP Engineering, 333 S. Allison Parkway, Lakewood, CO
80226
A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas
Processing facility, one (1) up to one hundred sixty (160) feet in height secure
communications tower and up to five (5) temporary construction trailers and up to
eleven (11) temporary during construction conex containers in the A (Agricultural)
Zone District (Makena Gas Plant)
E2 SE4 of Section 25 Township 8 North, Range 62 West of the 6'h P.M., Weld
County Colorado
North of and adjacent to County Road 88 Section Line; west of and adjacent to
County Road 85 Section Line
+1- 80.9 acres Parcel No. 0545-25-4-00-001
Outrigger DJ Operating, LLC proposes to construct a 60 million standard cubic feet per day (MMSCFD)
cryogenic gas processing plant to support existing and future development of mineral resources in the
area. Gas collected from nearby wells will be treated and cooled on site. Natural Gas Liquid's (NGLs)
will be removed via an existing pipeline located on the property.
Two full time employees and up to three (3) part time employees will be employed on site. The plant will
operate 24 hours a day, 7 days a week, year-round. A septic system will be installed and a well permit
number 309340 has been approved for drinking and sanitary purposes at the proposed facility.
As part of the permitting of the Makena Gas Plant, Outrigger DJ Operating will be required to develop a
sound mitigation plan that demonstrate compliance with the applicable noise standard.
An air permit has not been filed with the Colorado Air Pollution Control Division and will be a condition of
approval should the land use permit be approved. Other plans that are required will include a
communications plan and a facility lighting plan that will address a dark sky standard.
THE 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.
USR18-0052 -- OUTRIGGER DJ OPERATING LLC, Paget
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The facility is located on an 80 +1- acre parcel with
all equipment fenced and gated. The proposed facility will not result in a substantial adverse
impact on the other property in the vicinity of the subject property.
The uses which will be permitted will be compatible with the existing surrounding land uses. The
surrounding properties are generally large dryland agricultural lots with oil and gas
encumbrances. The nearest residences are located approximately 3.0 miles to the west in the
townsite of Briggsdale. The proposed Development Standards address lighting, screening, noise
standards, access and tracking control. The Department of Planning Services has not received
any comments from the surrounding property owners or other interested persons regarding the
proposed modification.
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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Section 23-3-40.A.2 provides for a Site Specific Development Plan
and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and
Service, Natural gas processing facilities and related equipment and structures, and Section 23-
3-40.K for a telecommunication tower 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 existing site is surrounded by dryland agricultural fields. There are no residences in the
immediate area. Outrigger DJ Operating is committed to mitigating potential off -site lighting and
noise impacts generated by this facility and will through a combination of equipment changes and
engineering measures maintain and comply with the applicable noise standard for the proposed
Makena gas plant. Once the construction is completed, the disturbed area will be replanted
with native grasses compliant with the Weld County seed mix requirements.
There is a residence located approximately one mile to the southwest of the proposed facility and
there are four Special Use Permits within two miles of the proposed facility. To the west is USR-
1750 for a 300 -foot communications tower permitted in 2010;to the south is the Sterling Energy
Compressor Station, USR15-0071 permitted in 2016 and to the east is the Sterling Energy
Compressor Station, USR15-0069 and USR1562 for an electric Transmission Line.
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 the three (3) mile referral area of an incorporated municipality or a
County.
USR18-0052 -- OUTRIGGER DJ OPERATING LLC, Page 3
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not in a floodplain, geologic hazard area or Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee, 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 gas plant expansion will be located on approximately 8.2 acres of "High Potential
Dry Cropland — Prime if they become Irrigated" and approximately 72.7 acres of "Other Land" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no
irrigation water associated with the parcel and therefore the property owner will not be taking any
prime agricultural land out of production.
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 verify the unmaintained County Road 85 right of way prior to recording the
USR map. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The applicant shall develop a Lighting Plan for review and acceptance. In accordance with the
Weld County Code. (Department of Planning Services)
D. The applicant shall develop a Communication Plan for review and acceptance by the Department
of Planning Services. (Department of Planning Services)
E. The applicant shall develop a Noise Mitigation Plan for review and acceptance by the Department
of Planning Services. (Department of Planning Services)
F. The applicant shall develop a Decommissioning Plan for review and acceptance by the
Department of Planning Services. (Department of Planning Services)
G. The applicant shall develop a sign plan for review and approval in compliance with Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code to the
Department of Planning Services for review and approval. (Department of Planning Services)
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H. The applicant shall discuss options and develop an agreement with the Weld County Public
Safety Wireless Communication Manager for the placement of Weld County Government
antenna's and a microwave dish on the Makena Gas Plant Tower. The applicant shall submit
evidence of such to the Department of Planning Services. (Department of Planning Services)
I. The applicant shall provide written evidence of an access permit from the Colorado Department
of Transportation for access onto State Highway 14. (Department of Public Works)
J. Prior to Recording the USR Map, the map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0052
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
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. (Department of Planning
Services)
5. County Road 85 Section Line is shown to have 60 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. (Department of Public Works)
6. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site
plan and label with the approved access permit number if applicable. (Department of Public
Works)
7. Show and label the section line Right -of -Way as "CR 85 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
8. 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)
9. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
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
USR18-0052 -- OUTRIGGER DJ OPERATING LLC, Pages
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 Public Works)
B. The applicant shall submit evidence of a right-of-way permit for any work that may be required in
the right-of-way. (Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
7. 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)
8. 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)
USR18-0052 -- OUTRIGGER DJ OPERATING LLC, Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Outrigger DJ Operating, LLC
USR18-0052
1. A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, one (1) up
to one hundred sixty (160) feet in height secure communications tower and up to five (5) temporary
construction trailers and up to eleven (11) temporary during construction conex containers in the A
(Agricultural) Zone District (Makena Gas Plant), subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, seven days a week. (Department of Planning Services)
4. The number of employees is five (5). (Department of Planning Services)
5. 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)
6. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S., and comply with the Noise
Mitigation Plan, as approved.
7. The applicant shall maintain compliance with the approved Lighting Plan.
8. The applicant shall maintain compliance with the approved Communications Plan.
9. The applicant shall maintain compliance with the approved Decommissioning Plan.
10. 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)
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
13. 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)
14. 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)
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15. 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)
16. 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)
17. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
18. All potentially hazardous chemicals on -site 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 Rules and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of
Public Health and Environment)
20. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (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. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
25. 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)
26. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
27. 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)
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28. 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)
29. 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)
30. 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)
31. 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)
26. The property owner shall control noxious weeds on the site. (Department of Public Works)
27. 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)
28. 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)
29. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
30. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
31. 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)
32. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Department of Planning)
33. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee. (Department of Planning)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
36. 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
USR18-0052 -- OUTRIGGER DJ OPERATING LLC, Page 9
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
37. The 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. (Department of Planning Services)
38. 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 Planning
Services)
39. 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.
40. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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.
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When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, 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.
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July 23, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
TAYLOR TRENT
1200 17TH ST STE 900
DENVER, CO 80202
Subject: USR18-0052 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, 60 million standard cubic feet per
day cryogenic Natural Gas Processing facility and associated equipment, one (1) up to one hundred
sixty (160) feet in height communications tower and up to five (5) temporary during construction,
construction trailers and up to eleven (11) conex storage containers in the A (Agricultural) Zone District.
On parcel(s) of land described as:
E2SE4 SECTION 25, T8N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 21, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 19,
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,
Kim Ogl
Planner
June 08, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
TAMMY ZIMBELMAN
333 S ALLISON PKWY STE 100
LAKEWOOD CO 80226
Subject: USR18-0052 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, 60 million standard cubic feet per
day cryogenic Natural Gas Processing facility and associated equipment, one (1) up to one hundred
sixty (160) feet in height communications tower and up to four (4) temporary during construction trailers
and up to four (4) conex storage containers in the A (Agricultural) Zone District (Outrigger Makena Gas
Processing Plant)
On parcel(s) of land described as:
E2SE4 SECTION 25, T8N, R62W 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.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
FIELD CHECK - USR18-0052
Inspection Date: August 9, 2018
Applicant: Outrigger DJ Operating, LLC, c/o Andrew Perdu
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas
Processing facility, one (1) up to one hundred sixty (160) feet in height secure
communications tower and up to five (5) temporary construction trailers and up to
eleven (11) temporary during construction conex containers in the A (Agricultural)
Zone District (Makena Gas Plant).
Legal: E2 SE4 of Section 25 Township 8 North, Range 62 West of the 6th P.M., Weld County
Colorado
Location: North of and adjacent to County Road 88 Section Line; west of and adjacent to
County Road 85 Section Line
Acres: +/- 80.9
Parcel No. 0545-25-4-00-001
Zoning
Land Use
N
AGRICULTURE
N
Dryland Agriculture
E
AGRICULTURE
E
Dryland Agriculture
S
AGRICULTURE
S
Dryland Agriculture
W
AGRICULTURE
W
Dryland Agriculture
Comments:
The property is vacant and in dryland grasses. There are no residences in the immediate area with the nearest
residence being located to the southwest. There is a pipeline corridor for Williams running north south through
the property. CR 85 is passable for a two track road, but with standing water and saturated soil conditions makes
access difficult.
Signature
❑ Access to Property, graveled and graded via Section Line Access Roads
❑ Site Distance, good visibility onto road
❑ 0.5 miles south of Highway 14
❑ Topography, substantial slope to the north
Note any commercial business/commercial vehicles that are operating from the site. None
Hello