HomeMy WebLinkAbout20182082.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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:
USR18-0024
DISCOVERY DJ SERVICES, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY 1700 FEET LONG (16 INCH NATURAL GAS
PIPELINE), A LESS THAN 30 FOOT IN HEIGHT COMMUNICATION TOWER AND
METER SITE APPURTENANCES IN THE A (AGRICULTURAL) ZONE DISTRICT
THE METER SITE WILL BE LOCATED IN SUBX18-0006, BEING PART OF THE
E2NE4 SECTION 10, T1 N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
THE PIPELINE WILL ORIGINATE AT THE DISCOVERY FORT LUPTON GAS
PLANT IN THE NW4 OF SECTION 11, T1 N, R66W THEN HEAD WEST
APPROXIMATELY 1,700 FEET INTO SECTION 10, T1 N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO AND TERMINATE AT THE DISCOVERY PRAIRIE
DOG METER SITE.
GENERALLY LOCATED SOUTH OF CR 12; WEST OF CR 35; NORTH OF CR 10
AND EAST OF CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the operation of
irrigation equipment. All soils removed for installation of the pipeline will be returned to their original
location and will not be moved offsite. Discovery DJ Services indicates that they will repair and/or
replace any facilities damaged or removed during the placement of the pipeline. The preferred
pipeline route minimizes environmental impacts such as wetland areas, water bodies and agricultural
lands. The preferred route is sited on dryland grazing lands
B. Section 23-2-480.A.2 — The pipeline will not have an undue adverse effect on existing and future
development of the surrounding area, as set forth in applicable Master Plans.
The pipeline is located within the 3 -mile referral area of the Town of Lochbuie, City of Brighton and
City of Fort Lupton. The City of Fort Lupton returned a referral dated April 13, 2018 stating they had
reviewed the application and would like to discuss the potential for annexation and request all
pipelines be located outside of the future 85 -foot right-of-way for County Roads 12 and 35. The
Town of Lochbuie, and City of Brighton did not return a referral response.
C. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the
surrounding area to the greatest extent feasible.
The applicant indicates private easements have been negotiated for the pipeline with private land
owners and are of record, The preferred pipeline route minimizes environmental surface impacts. The
pipeline will cross under a PSCO electrical transmission line corridor.
D. Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control soil erosion,
dust and the growth of noxious weeds.
RESOLUTION USR18-0024
DISCOVERY DJ SERVICES, LLC
PAGE 2
The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or
erosion and will ensure the control of noxious weeds. Best Management Practices (BMPs) will be
required for all construction areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-480.A.5 -- The applicant has agreed to implement any reasonable measures deemed
necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts
from the proposed pipeline.
All pipelines will be compliant with the DOT requirements. Per this standard, pipelines are required to
have a minimum of four feet of cover or greater if required by local or state agencies. The pipeline
trench will be excavated mechanically; pipe segments will then be strung along the ditch line and then
welded together using welders and weld procedures qualified under the requirements of the Code of
Federal Regulations; each weld will be examined utilizing industry standard non-destructive
examination, or x-ray, procedures by qualified technicians; the coating on the pipeline will be
inspected for damage and repaired as necessary and then the line(s) will be lowered into the trench
and backfilled. The pipeline(s) will subsequently be pressure tested using water (hydrostatically
tested) to industry regulations.
In addition to Discovery's monitoring and valve cutoff systems described in the section below,
Discovery will clearly mark the pipeline centerline with markers placed at line of site intervals, and
at road crossings. The markers will clearly indicate the presence of a gas pipeline, and will provide
a telephone number and address where a company representative can be reached in an
emergency or prior to any excavation in the area of the pipeline. In addition, Discovery
participates in the "One Call" system. "One call" systems serve as the clearinghouse for
excavation activities that are planned close to pipelines and other underground utilities.
Discovery maintains a monitoring system that includes a gas control center that tracks pressures,
flows, and deliveries on its entire system. The gas control center is staffed 24 hours a day, 7 days a
week, 365 days a year. Discovery also has area offices near the pipeline route with personnel who
can provide the appropriate response to emergency situations and direct safety operations as
necessary. Discovery's pipeline systems are equipped with remotely controlled valves that can be
operated from the gas control center. In the event of an emergency, the valves allow for a section of the
pipeline to be isolated from the rest of the system. Data acquisition systems are also present at all of
Discovery's meter stations. If system pressures fall outside of a predetermined range, an alarm is
activated, and notice is transmitted to the gas control center.
Routine ground inspections are conducted by Discovery personnel or contractors. These inspections
allow Discovery to identify soil erosion that may expose the pipeline; dead vegetation that may
indicate a leak in the line; unauthorized encroachment on the ROW by a third party; or other conditions
that may lead to a safety hazard and/or require preventative maintenance or repairs.
F. Section 23-2-480.A.6 — All reasonable alternatives to the proposal have been adequately assessed,
and the proposed action is consistent with the best interests of the people of the County and
represents a balanced use of resources in the affected area.
This route was selected as the preferred project route as it balances environmental sensitivity,
operational efficiency, cost minimization, and adjacent landowner considerations. As such,
Discovery has proposed this alignment as the preferred route as it helps meet the operational needs
of the project while minimizing impacts to the surrounding community and environment.
G. Section 23-2-480.A.7 — The nature and location or expansion of the pipeline will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species, unique natural resource, known historic landmark or archaeological site within the affected
area.
The pipeline crosses dryland pasture and vacant lands. Colorado Parks and Wildlife and History
Colorado did not return a referral response indicating a conflict with their interests.
RESOLUTION USR18-0024
DISCOVERY DJ SERVICES, LLC
PAGE 3
H. Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -of -way and/ or
surrounding properties as a result of the pipeline.
The applicant will be required to maintain historic flow patterns and runoff amounts, per the
Department of Public Works a drainage plan will be not be required for this project. Section 1.A.5 of
the drainage criteria provides an exception for pipelines and transmission lines. Discovery
acknowledges in their application that the historical flow patterns and runoff amounts will be
maintained on the site or in such a manner that it will reasonably preserve the natural character of the
area and prevent property damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm run-off.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair attributable to construction of
the pipeline and located within 1/2 mile of any construction access point for the project. (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 provide clear information indicating where traffic for the site will be accessing
County Roads. (Department of Public Works)
D. The applicant shall submit SUBX18-0006 for recording and place the reception number and date of
recording on the USR Map. (Department of Planning Services)
E. The applicant shall coordinate a meeting with the property owner to discuss the potential for
annexation of the property to the City of Fort Lupton. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0024. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County Code.
(Department of Planning Services)
4. The final location of the permanent gas pipeline easement with dimension of permanent
easement, property ownership, parcel number, and any significant man-made features within
one-half (0.5) mile on each side of the approved route. (Department of Planning Services)
5. County Road 31 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 USR18-0024
DISCOVERY DJ SERVICES LLC
PAGE 4
County Road 12 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)
From County Road 12 to approximately 2,700 feet south of County Road 12. County Road 35 is a
paved 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)
From approximately 2.700 feet south of County Road 12 to County Road 10 right of way. County
Road 35 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. All setbacks shall be measured from the edge of right-of-way. Show and label the
section line Right -of -Way as "CR 35 Section Line Right -Of -Way. not County maintained."
(Department of Public Works)
9. From County Road 33 right of way to County Road 35 right of way. County Road 10 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. All setbacks
shall be measured from the edge of right-of-way. Show and label the section line Right -of -Way as
"CR 10 Section Line Right -Of -Way. not County maintained." (Department of Public Works)
10. From County Road 31 to County Road 33 right of way. County Road 10 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)
11.
County Road 33 Section Line is shown to have 30 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. All setbacks shall be measured from the edge of right-of-way. Show and label
the section line Right -of -Way as "CR 33 Section Line Right -Of -Way. not County maintained."
(Department of Public Works)
12. Show and label the approved access locations, approved access width 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)
13. 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)
14. 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)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
16. Show and label the boundary of SUBX18-0006 for Oil and Gas Support and Service: include the
reception number and date of recording
17. Show the Colorado Interstate Gas Transmission Line and associated easement for the pipeline.
Include the reception number and date of recording. (Department of Planning Services)
RESOLUTION USR18-0024
DISCOVERY DJ SERVICES, LLC
PAGE 5
18. Show the future City of Fort Lupton 85 -foot right-of-way for County Roads 12 and 35 as stated in
their referral dated April 13, 2018.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one
(1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the 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 Colorado
North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsco.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -pipeline items or the meter site, a
Weld County grading permit will be required. (Department of Public Works)
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 map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Lonnie Ford.
VOTE:
For Passage
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Against Passage
Absent
Bruce Sparrow
Jordan Jemiola
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR18-0024
DISCOVERY DJ SERVICES, LLC
PAGE 6
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 19, 2018.
Dated the 19th of June, 2018
43\thEini-, 744#161_42,11,L
Kristine Ranslem
Secretary
RESOLUTION USR18-0024
DISCOVERY DJ SERVICES, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services, LLC
USR18-0024
1. A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch high pressure
natural gas pipeline approximately 1700 feet in length (16 inch natural gas pipeline originating at the
Discovery DJ Services Gas Plant (USR17-0059 and USR16-0031) and terminating at the Kinder -Morgan
interconnect), a less than 30 foot in height communication tower and Meter Site (SUBX18-0006)
appurtenances associated with the Kinder -Morgan interconnect in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The 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)
4. The property owner shall control noxious weeds on the site. (Department of Public Works)
5. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7. 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)
8. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
9. Maintenance of unmaintained County right-of-way will not be the responsibility of Weld County.
(Department of Public Works)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
12. 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)
13. During construction, 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 Environmental Health)
14. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to
RESOLUTION USR18-0024
DISCOVERY DJ SERVICES, LLC
PAGE 8
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 Environmental Health)
15. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Environmental Health)
16. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction
of the project and until ground cover is established. Uses on the property shall comply with the Colorado
Air Quality Commission's air quality regulations. (Department of Environmental Health)
17. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are
acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand
sanitizers. (Department of Environmental Health
18. 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 Environmental Health)
19. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Environmental Health)
20. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Environmental Health)
21. 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 Environmental Health)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and
the Weld County Code. (Department of Environmental Health)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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.
26. 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.
27. 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.
RESOLUTION USR18-0024
DISCOVERY DJ SERVICES, LLC
PAGE 9
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.
28. 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.
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.
M‘nuA-es
(aol 19 II
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 19, 2018
a
S 1% - ooa IA
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 Vice -
Chair, Gene Stifle, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Terry Cross, Bruce Sparrow, Jordan Jemiola.
Also Present: Kim Ogle, Chris Gathman and Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, 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:
USR18-0024
DISCOVERY DJ SERVICES, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY 1700 FEET LONG (16 INCH NATURAL GAS
PIPELINE), A LESS THAN 30 FOOT IN HEIGHT COMMUNICATION TOWER
AND METER SITE APPURTENANCES IN THE A (AGRICULTURAL) ZONE
DISTRICT
THE METER SITE WILL BE LOCATED IN SUBX18-0006, BEING PART OF THE
E2NE4 SECTION 10, T1 N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
THE PIPELINE WILL ORIGINATE AT THE DISCOVERY FORT LUPTON GAS
PLANT IN THE NW4 OF SECTION 11, T1 N, R66W THEN HEAD WEST
APPROXIMATELY 1,700 FEET INTO SECTION 10, TIN, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO AND TERMINATE AT THE DISCOVERY
PRAIRIE DOG METER SITE.
GENERALLY LOCATED SOUTH OF CR 12; WEST OF CR 35; NORTH OF CR
10 AND EAST OF CR 31.
Kim Ogle, Planning Services, presented Case USR18-0024, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and the drainage
conditions for the site. Ms. Balzano requested that a Condition of Approval 1.F.11 be added in regard to
identifying the right-of-way on the site plan.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Matthew Norton, Discovery Midstream, 3601 Stagecoach Road, Longmont, Colorado, stated that they are
proposing a 16 -inch natural gas pipeline approximately 1700 feet from their Fort Lupton Gas Plant to an
interconnect with Kinder Morgan. A metering site and a 30 -foot communication tower is also proposed on
site.
Commissioner Ford referred to the proposed valves at both ends of the pipeline and asked if they are
monitored by computers or employees. Mr. Norton replied that they are monitored by both employees and
computer.
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 referred to the requested Condition of Approval. Ms. Balzano read the requested Condition of
Approval 1.F.11 into the record "County Road 33 Section Line is shown to have 30 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. All setbacks shall be measured from the edge of right-of-way. Show
and label the section line Right -of -Way as "CR 33 Section Line Right -Of -Way, not County maintained."
Motion: Add Condition of Approval 1.F.11, as stated by Staff, Moved by Tom Cope, Seconded by Bruce
Johnson. 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 USR18-0024 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 Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Meeting adjourned at 3:18 pm.
Respectfully submitted,
`1 -t ffi y`�lY111�.fYt
Kristine Ranslem
Secretary
2
Hello