HomeMy WebLinkAbout20173776.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER.
APPLICANT
PLANNER.
REQUEST
LEGAL DESCRIPTION
LOCATION.
USR17-0048
DCP OPERATING COMPANY, LP
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 ONE -MILE LONG (TWO 12 -INCH NATURAL GAS
PIPELINES ORIGINATING AT THE CROSSROADS COMPRESSOR STATION
(USR17-0023) AND TERMINATING AT THE MEWBOURN 160 PIPELINE (USR12-
0006)) IN THE A (AGRICULTURAL) ZONE DISTRICT
PART SECTION 18. T4N. R64W OF THE 6TH P M_ WELD COUNTY. COLORADO.
GENERALLY LOCATED EAST OF CR 49. SOUTH OF CR 46: WEST OF CR 51
AND NORTH OF CR 44
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 on lands owned by the applicant and are in
dryland agriculture. All soils removed for installation of the pipeline will be returned to their original
location and will not be moved offsite. The preferred pipeline route minimizes environmental impacts
such as wetland areas, water bodies and agricultural 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 not located within the 3 -mile referral area of a municipality or County.
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 application indicates that the pipeline will be located on lands owned by the applicant and are in
dryland agriculture.
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.
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.
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.
RESOLUTION USR17-0048
DCP OPERATING COMPANY LP
PAGE 2
All pipelines will be compliant with the DOT requirements. Per this standard, pipelines are required to
have a minimum of 30 -inches 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_
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, DCP 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.
In the early planning stages. DCP considered alternative route options through the property;
however. the DCP generally decided to site the pipelines as close to the southern edge of the
property as possible in order to make inspection access easier and to reduce the potential for
interruption to agricultural activities in the nearby field and other resources.
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
Colorado Parks and Wildlife returned a referral dated September 18. 2017 indicating no conflict with
their interests and History Colorado did not return a referral response
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 Planning Services, engineering review stated 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. DCP Midstream 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 copy of the signed and recorded (construction and post -construction) lease agreements (or other
acceptable authorization from property owner) for pipeline right-of-way (easements) shall be
submitted to the Department of Planning Services. (Department of Planning Services)
RESOLUTION USR17-0048
DCP OPERATING COMPANY LP
PAGE 3
B. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location Road maintenance including, but not limited to dust control. tracking control, damage repair,
specified haul routes and future traffic triggers for improvements will be included (Department of
Public Works)
C The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR17-0048 (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 The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
6 County Road 44 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. (Department of
Public Works)
7 County Road 49 is designated on the Weld County Classification plan as an arterial road which
typically requires 140ft of right-of-way at full build out. Weld County is currently in the process of
widening this corridor The alignment of the road widening project varies along the section line for
the corridor. Contact Public Works for the location of the existing and future right of way and
easements and delineate these on the site plan. (Department of Public Works)
8 If required, show and label the approved access(es) (APXX-XXXXX). and the appropriate turning
radii (60 -feet) on the site plan. (Department of Public Works)
9 Show and label the entrance gate. if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the
traveled way when the gate is closed In no event, shall the distance from the gate to the edge of
the traveled surface be less than 35 feet. (Department of Public Works)
10 Show and label all recorded easements on the map by book and page number or reception
number and date on the plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one
(1) electronic copy (.pdf) of the 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)
RESOLUTION USR17-0048
DCP OPERATING COMPANY LP
PAGE 4
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(cDco.weld.co.us. (Department of
Planning Services)
5. Prior to Construction.
A. If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures. parking
lots. laydown yards et cetera. a Weld County grading permit will be required prior to the start of
construction. (Department of Planning Services - Engineer)
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 from the Department of Public Works Permitting/Inspection agent.
(Department of Public Works)
C. The approved access and tracking control shall be constructed prior to construction of the pipeline.
(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 Tom Cope.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
Michael Wailes
RESOLUTION USR17-0048
DCP OPERATING COMPANY. LP
PAGE 5
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.
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 November 21, 2017.
Dated the 21ST of November, 2017
43\thow .4u-Laturt_
Kristine Ranslem
Secretary
RESOLUTION USR17-0048
DCP OPERATING COMPANY. LP
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream, LP
USR17-0048
1. A Site Specific Development Plan and Special Review Permit, USR17-0048 for two (2) greater than 12 -
inch high pressure natural gas pipeline approximately 0.35 miles long 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 151" 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 to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite 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 pipeline crossing an arterial road, such as Weld County Road 49 shall be bored with a minimum
crossing depth of 10 feet below the lowest roadside ditch flowline elevation for all lines, except for oil and
gas lines whose minimum depth will be 15 feet below the lowest roadside ditch flowline elevation.
(Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
9. 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 2014
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)
10. 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)
11. 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)
12. 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)
13 Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on
the property should comply with the Colorado Air Quality Commission's air quality regulations.
(Department of Public Health and Environment)
RESOLUTION USR17-0048
DCP OPERATING COMPANY LP
PAGE 7
14. Adequate toilet facilities and handwashing units shall be provided during construction of the project.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers (Department of Public Health and Environment)
15. 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)
16. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
RESOLUTION USR17-0048
DCP OPERATING COMPANY. LP
PAGE 8
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.
LH Ores
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 21, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room. 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Terry Cross. at 12:30 pm.
Roll Call.
Present: Bruce Johnson Bruce Sparrow, Gene Stille. Jordan Jemiola. Terry Cross, Tom Cope. Lonnie
Ford,
Absent: Michael Wailes.
Also Present: Kim Ogle and Chris Gathman. Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell. Department of
Health: Evan Pinkham, Public Works. Bob Choate. County Attorney, and Kris Ranslem, Secretary
Motion: Approve the November 7. 2017 Weld County Planning Commission minutes. Moved by Gene
Stille. Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER.
REQUEST
LEGAL DESCRIPTION
LOCATION
USR 17-0048
DCP OPERATING COMPANY, LP
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 ONE -MILE LONG (TWO 12 -INCH NATURAL GAS
PIPELINES ORIGINATING AT THE CROSSROADS COMPRESSOR STATION
(USR17-0023) AND TERMINATING AT THE MEWBOURN 160 PIPELINE
(USR12-0006)) IN THE A (AGRICULTURAL) ZONE DISTRICT
PART SECTION 18. T4N, R64W OF THE 6TH P M. WELD COUNTY,
COLORADO
GENERALLY LOCATED EAST OF CR 49. SOUTH OF CR 46: WEST OF CR 51
AND NORTH OF CR 44
Kim Ogle. Planning Services. presented Case USR17-0048, 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.
Evan Pinkham, Public Worksreported on the existing traffic and access to the site.
Hayley Balzano. Engineering. reported on the drainage conditions for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control. and the Waste Handling Plan.
John Barry. 822 7"' Street, Greeley. Colorado, stated that he represents the applicants. He said that he is
not aware of any opposition to this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the 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 USR17-0048 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Jordan Jemiola, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola, Lonnie Ford, Terr Cross Tom ope.
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Meeting adjourned at 1:44 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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