HomeMy WebLinkAbout20180884.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0075, FOR A 20 -INCH NATURAL GAS PIPELINE IN THE
A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ SERVICES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of
April, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Suite 335,
Dallas, TX 75230, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0075, for a 20 -inch natural gas pipeline in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
The Pipeline will run from an interconnect point
south of State Highway 52 and west of CR 43 in
Section 4, Township 1 North, Range 65 West, and
heads in a southward direction crossing Sections 3,
10, 15, 16, 22 and terminating in Section 21, all in
Township 1 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-490.A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands. The application states that the pipeline has been routed to
minimize impact to irrigated cropland by locating the pipeline right-of-way
where no irrigation is taking place. Impacted ground will be reseeded and
restored back to original grade once construction is completed. The
proposed pipeline is in an area that can support this development and the
Conditions of Approval and Development Standards will assist in mitigating
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the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
B. Section 23-2-490.B — 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 proposed pipeline is located within the
three (3) mile referral boundaries of the Town of Hudson and the Town of
Lochbuie. Additionally, the pipeline is located within the Town of
Hudson/Weld County Cooperative Planning (CPA) agreement boundary.
The Town of Hudson, in the referral dated January 10, 2018, stated that
the proposed pipeline will cross an existing 12 -inch water line at one
location (located on the south side of County Road 12 and approximately
1/4 mile east of the County Road 43/County Road 12 intersection.
According to county records County Road 12 is not located within the
Hudson incorporated limits in this location. This has been attached as an
attempt to address conditions for this case. The Town of Lochbuie indicated
no conflicts in the referral dated January 18, 2018.
C. Section 23-2-490.C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
The preferred route utilizes a pipeline right-of-way corridor already
negotiated through agreements with private property owners. Alternative
alignments would require new easements to be negotiated and may result
in greater environmental impacts.
D. Section 23-2-490.D — The site shall be maintained in such a manner so as
to control soil erosion, dust and the growth of noxious weeds. The
application indicates that waste materials shall be handled, stored and
disposed of in a manner that controls blowing debris and other potential
nuisance conditions. Water trucks shall be used to mitigate the dust in dry
situations and matting shall be used where equipment and trucks have the
potential to create sinking and impacts to the ground.
E. Section 23-2-490.E -- 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. The preferred route
utilizes a pipeline right-of-way corridor already negotiated through
agreements with private property owners. Alternative alignments would
require new easements to be negotiated and may result in greater
environmental impacts. The application states that the pipeline has been
routed to minimize impact to irrigated cropland by locating the pipeline
right-of-way where no irrigation is taking place. Impacted ground will be
reseeded and restored back to original grade once construction is
completed.
F. Section 23-2-490. F — All reasonable alternatives to the proposal have been
adequately assessed, and the proposed action is consistent with the best
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interests of the people of the County and represents a balanced use of
resources in the affected area. The preferred route utilizes a pipeline
right-of-way corridor already negotiated through agreements with private
property owners. Alternative alignments would require new easements to
be negotiated and may result in greater environmental impacts.
G. Section 23-2-490.G — 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. A Biological and Cultural Resource report dated November 20, 2017
was prepared and submitted with the application. The report indicated no
known cultural resources are located between 200 feet and one (1) mile
from the proposed centerline that would be adversely affected by the
project. The report also recommended that the site is not eligible for Natural
Resources Historical Protection nomination and that no further work or
avoidance is recommended. No referral response has been received from
Colorado Parks and Wildlife regarding this application.
H. Section 23-2-490.H — No adverse impact, from stormwater runoff, to the
public rights -of -way and/or surrounding properties as a result of the
pipeline. Per the application, all impacted ground will be reseeded and
restored back to original grade per the right-of-way agreements once
construction is completed. 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Discovery DJ Services, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0075, for a 20 -inch natural gas
pipeline in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location 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.
B. The applicant shall attempt to address the requirements of the Town of
Hudson, as stated in the referral response dated January 10, 2018. Written
evidence of a Water Line Crossing Permit from the Town of Hudson shall
be submitted to the Weld County Department of Planning Services.
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C. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in the electronic mail referral response
dated January 8, 2018. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
D. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
for pipeline right-of-way shall be submitted to the Department of Planning
Services.
E. A copy of the signed KN Gas pipeline crossing agreement/easement or a
letter indicating no agreement is necessary shall be submitted to the
Department of Planning Services.
F. A copy of the signed Union Rural Electric Association crossing
agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
G. A copy of the signed Burlington Northern & Santa Fe Railroad crossing
agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0075.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) 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.
5) 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.
6) County Road 43 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
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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.
7) County Road 8 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
8) County Road 43 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.
9) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan.
10) Show and label the section line Right -of -Way as "CR 43 Section
Line Right -Of -Way, not County maintained."
11) The maps shall show detail at any areas where the pipeline is within
existing or future right-of-way. If the pipeline is not within existing or
future right-of-way, this shall be notated within the Development
Standards.
12) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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.
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 be added for each additional three (3)
month period.
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4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required.
B. The applicant shall submit evidence of a right-of-way permit for any work
that may be required in the right-of-way and/or a special transport permit
for any oversized or overweight vehicles that may access the site.
C. The applicant must obtain an access permit in the approved location(s)
prior to construction.
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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditif4/O `• .44;4.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPAS,T
ounty Attorney
Date of signature: 0 5 -Oa -a
St ye Moreno, Chair
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DISCOVERY DJ SERVICES, LLC
USR17-0075
1. The Site -Specific Development Plan and Use by Special Review Permit, USR17-0075, is
for a 20 -inch natural gas pipeline in the A (Agricultural) Zone District, 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.
3. 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.
4. 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.
5. 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, during construction.
6. No permanent disposal of wastes shall be permitted at this site, during construction. 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.
7. During construction, waste materials shall be handled, stored, and disposed of 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 I, of the Weld County Code.
8. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of the construction of the pipeline and until ground cover is established along the
construction route boundaries. During construction, uses on the property shall comply with
the Colorado Air Quality Commission's Air Quality Regulations.
9. Adequate toilet facilities and handwashing units shall be provided during construction of
the project. Portable toilets are acceptable, shall be serviced by a cleaner licensed in Weld
County and shall contain hand sanitizers.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
11. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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12. During construction, the access to the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
13. During construction, there shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. 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.
16. Any pipeline crossing an arterial road shall be bored with a minimum of twenty (20) feet
below arterial roads, fifteen (15) feet below collector roads, and fifteen (15) feet below
paved local roads, and ten (10) feet below gravel local roads, for the full width of the future
right-of-way. This depth shall be measured below the lowest roadside ditch flowline
elevation.
17. Any damage occurring to the right-of-way caused by the pipeline will be the responsibility
of the operator to repair.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. During construction, necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be granted access to
the site 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.
20. 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.
21. 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.
22. 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
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quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
23. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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