HomeMy WebLinkAbout20163469.tiffHEARING CERTIFICATION
DOCKET NO. 2016-90.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0028, FOR A PIPELINE (16 -INCH DIAMETER NATURAL GAS PIPELINE) IN
THE A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ SERVICES, LLC
A public hearing was conducted on December 14, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated October 14, 2016, and duly published
October 19, 2016, in the Greeley Tribune, a public hearing was conducted November 16, 2016,
at 10:00 a.m., to consider the request of Discovery DJ Services, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0028, for a Pipeline (16 -inch
diameter natural gas pipeline) in the A (Agricultural) Zone District, at which time the Board
deemed it appropriate to continue the matter to December 14, 2016, at 10:00 a.m., to allow the
applicant to be present. Bob Choate, Assistant County Attorney, made this a matter of record.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
he described the business and facility operations and the location in relation to relevant County
roads. He stated the site is located in the three (3) mile referral area of the Cities of Brighton and
Fort Lupton, the Towns of Lochbuie and Hudson, and Adams County and he reviewed the referral
responses from these municipalities and other entities. Mr. Ogle explained how the applicant
routed the pipeline to minimize impacts to surrounding land owners and he reviewed the locations
in which it crosses under railroads, transmission lines, irrigation ditches, and major roads or
highways. He further stated that where the pipeline crosses, Best Management Practices will be
instated to mitigate and prevent damage. Mr. Ogle reviewed the minimum depth the pipeline is
buried, safety factors, and the Emergency Response Plan. He further explained the pipeline
design is in accordance with the Department of Transportation Pipeline and Hazardous Materials
Safety Administration regulations regarding the transportation of natural and other gas by pipeline.
He mentioned the applicant sent notification to neighbors within 500 feet of the pipeline and held
a neighborhood meeting with 17 in attendance in which questions were addressed. Mr. Ogle
stated 30 referrals were sent to various agencies with four (4) responses received offering
comments. He reported no correspondence from surrounding property owners; however, three
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(3) telephone calls were received regarding the land use application process, easement
acquisition and timeline. He mentioned receiving one (1) letter of objection from Anadarko
Petroleum expressing concerns with potential conflicts with their existing pipeline and noted the
applicant contacted and addressed their concerns. Mr. Ogle displayed photographs of the
proposed pipeline route and surrounding land uses and entered the favorable recommendation
of the Planning Commission into the record as written.
Janet Lundquist, Public Works Department representative, provided a brief overview of the
transportation plans and requirements. She described the various County roadways,
classifications, section line rights -of -way, and private easements and stated there is no
requirement for upfront tracking control or an Improvements Agreement; however, she verified
staff will work with the applicant regarding roadway crossings and the Access Permit.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements. In response to Commissioner Cozad, Ms. Balzano stated the drainage flow
arrows are to be shown, in general, on the vicinity map.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated portable toilets are acceptable during construction and they may need an
Air Permit Emissions Notice (APEN), which is covered in the Development Standards (DS). She
reviewed the general requirements and stated DS #9-15 address typical Environmental Health
items.
• In response to Commissioner Kirkmeyer, Ms. Lundquist clarified the applicant is using
private easements and will have to get permission for Right -of -Way crossings, if needed.
• Cory Jordan represented the applicant and provided a PowerPoint presentation, marked
Exhibit D, detailing the company background and management team track record, other projects
completed, and verified the proposed pipeline is intended to connect to a currently approved plant
facility.
No public testimony was offered concerning this matter.
• In response to Commissioner Cozad, Mr. Jordan stated there are two (2) outstanding
easements needing completion in Weld County, which they are in the process of finalizing;
however, the other agreements are purchased and in place. Commissioner Kirkmeyer reminded
the applicant that those must be finalized prior to recording the plat map. In further response to
Commissioner Kirkmeyer, Mr. Jordan stated they are not doing any work in the County
rights -of -way.
• In response to Chair Freeman, Mr. Jordan indicated he has reviewed the Conditions of
Approval and Development Standards and has no concerns.
In response to Commissioner Cozad, Mr. Jordan stated, in reference to her question
regarding Condition of Approval (COA) #1.B, that the one (1) ditch agreement is complete.
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Furthermore, Commissioner Cozad suggested clarifying or deleting COA #1.E. Mr. Ogle
interjected that staff would recommend deleting it. In response to Commissioner Cozad regarding
COA #1.F.4, Mr. Ogle clarified "physical encumbrances" as foundations, ditches, and surface
structures potentially impacted. The Board agreed to leave it as is. Commissioner Cozad
suggested specifying and adding the County road numbers (CR 33, CR 35, CR 37) as required
to be shown and labeled on the map, pursuant to COA #1.F.7. Lastly, she suggested deleting
COA #1.F.14. The Board agreed to all the changes.
El In response to Chair Freeman, Mr. Jordan indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
le Commissioner Cozad moved to approve the request of Discovery DJ Services, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR16-0028, for a Pipeline
(16 -inch diameter natural gas pipeline) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards as amended and entered into the record. The motion was seconded
by Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:24 a.m.
This Certification was approved on the 14th day of December, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ,Jp:ok,
Weld County Clerk to the Board
BY: e9 2n . . 4Q
Deputy Clerk to the Board _ -r R
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APP
un y Attorney
Date of signature: Ot 1O5f 1
Mike Freeman, Chair
Sean P. Conw; y, Pro-Te
Steve Moreno
2016-3469
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