HomeMy WebLinkAbout20153317.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PROPOSED DESIGNATION OF THE SITE
SELECTION AND CONSTRUCTION OF THOSE MAJOR FACILITIES OF A PUBLIC
UTILITY CONSISTING OF PIPELINES AND STORAGE AREAS OF UTILITIES
PROVIDING WATER AS A MATTER OF STATE INTEREST PURSUANT TO
§24-65.1-401, C.R.S., AND WELD COUNTY CODE §21-1-210(B)
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 19th day of
January, 2015, at the hour of 9:00 a.m., in the Chambers of the Board for the purpose of hearing
the Proposed Designation of the Site Selection and Construction of those Major Facilities of a
Public Utility Consisting of Pipelines and Storage Areas of Utilities Providing Water and Natural
Gas or Other Petroleum Derivatives as a Matter of State Interest pursuant to §24-65.1-401,
C.R.S., and Weld County Code §21-1-210(B), at which time they deemed it advisable to continue
the matter to March 23, 2015, to allow for the corresponding Ordinance #2015-1 to first be
considered by the Planning Commission at a hearing which was continued to March 3, 2015, and
then again to May 27, 2015, and then again to July 6, 2015, and then again to August 12, 2015,
and then again to October 14, 2015, and
WHEREAS, on October 14, 2015, the Board heard all of the testimony and statements of
those present and reviewed the request of Planning Services staff and, having been fully
informed, finds that this matter be referred to staff for consideration of newly drafted regulations
and for re-notification.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the abovementioned matter be, and hereby is, referred to staff for
consideration of newly drafted regulations and for re-notification.
2015-3317
a (- ) praLP BC0048
RE: REFER BACK TO STAFF - PROPOSED DESIGNATION OF SITE SELECTION AND
CONSTRUCTION OF MAJOR FACILITIES OF A PUBLIC UTILITY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: J ���� � ' ��,,��,,// EXCUSED
„:41teWI �CLdo;ek Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mi a Freeman, Pro-Tem
D ty Clerk to e Board lc n %
iLdZ Sean P. Conway y
a/
APPROVED AS TO FOR ati ) a
. Cozad
ounty Attorney r�
Steve Moreno
Date of signature: 16 �� �"''�.,,, ✓„r►�
2015-3317
BC0048
BEFORE 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 denial by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the item before the
Planning Commission to:
CONSIDER THE PROPOSED DESIGNATION BY THE WELD COUNTY BOARD OF
COMMISSIONERS OF THE SITE SELECTION AND CONSTRUCTION OF THOSE MAJOR
FACILITIES OF A PUBLIC UTILITY CONSISTING OF PIPELINES AND STORAGE AREAS OF
UTILITIES PROVIDING WATER AND NATURAL GAS OR OTHER PETROLEUM DERIVATIVES
AS A MATTER OF STATE INTEREST PURSUANT TO § 24-65.1-401, C.R.S., AND WELD
COUNTY CODE§21-1-210(B).
be recommended unfavorably to the Board of County Commissioners.
Motion seconded by Benjamin Hansford.
VOTE:
For Denial Against Denial Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
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.
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 December 16, 2014.
Dated the 16t of December, 2014.
/YL
Kristine Ranslem
Secretary
2015-3317
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 16, 2014
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning
Services; Wayne Howard, and Jennifer Petrik, Department of Engineering; Lauren Light and Heather
Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 2, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
PRESENTED BY: TOM PARKO
REQUEST. CONSIDER THE PROPOSED DESIGNATION BY THE WELD COUNTY
BOARD OF COMMISSIONERS OF THE SITE SELECTION AND
CONSTRUCTION OF THOSE MAJOR FACILITIES OF A PUBLIC UTILITY
CONSISTING OF PIPELINES AND STORAGE AREAS OF UTILITIES
PROVIDING WATER AND NATURAL GAS OR OTHER PETROLEUM
DERIVATIVES AS A MATTER OF STATE INTEREST PURSUANT TO § 24-
65.1-401, C.R.S.,AND WELD COUNTY CODE§21-1-210(B).
Tom Parko, Planning Services, stated that this consideration is to look at whether or not the County
should designate certain pipelines and water facilities under Chapter 21 of the Weld County Code. The
County Commissioners have concerns with the way some of the companies have treated some of the
constituents in Weld County during the process of constructing a pipeline. These concerns include but
are not limited to siting issues, noise issues, and overall communication with the public. The pipelines
that the Commissioners are referring to are the large interstate pipelines typically greater than 10 inches
and carry high pressure natural gas and crude oil. In addition to pipelines the Commissioners also want
to review water projects and facilities that transfer water outside the County. Under current code
interstate pipelines that are federally regulated are exempt from our local regulation. The federal
agencies that typically regulate pipelines are FERC (Federal Energy Regulatory Commission) and DOT
(Department of Transportation).
Mr. Parko stated that the County has received more complaints over the last 2 years concerning these
large pipelines than in the past 10 years. Therefore it has been a question of whether the County should
be reviewing these pipelines more on a local level. If so, one possible approach is to designate these
activities under Chapter 21 of the Weld County Code.
Mr. Parko outlined Section 21-1-230 and briefly explained the how the criteria is reviewed to be
considered for designation.
Brad Yatabe, County Attorney, provided a handout of Colorado State Statute 24-65.1-203 and added that
this statute talks about activities of state interest and this is actually more to the point of the proposed
regulations. He added that there are only certain enumerated categories that under the 1041 powers that
the County can elect to designate and regulate and that is why we are looking at major facilities of a
public utility.
Commissioner Jemiola asked if the threats of condemnation relate to inter-or intra-state. Mr. Parko said
those were related to interstate pipelines. He added that they haven't had many issues with intrastate
pipelines.
Mr. Yatabe said that there is an ability for the Board of County Commissioners to refer a proposed
designation of an area or activity of state interest under the 1041 powers to the Planning Commission for
1
recommendation. He stated that the Planning Commission will not see specific guidelines related to that
area or activity of state interest until a later date. He emphasized that tonight the Planning Commission
would not see the specific code changes that will be the guidelines for those regulations at this hearing.
Rather, he added that the Planning Commission is looking at the general picture in making a
recommendation for this designation.
Mr. Parko said that the proposed designation will not include flow lines or gathering lines and pipelines
that are used to carry produced or flow back water. In response to Commissioner Maxey's inquiry, Mr.
Parko said that interstate pipelines would be included in this designation. He added that domestic water
lines that are utilized by special districts to provide water to residential subdivisions, commercial or
industrial uses, or agricultural uses would not be included. Mr. Parko said that any water transferred in a
pipeline that leaves Weld County and goes to another area will be included in this designation. He added
that we will not regulate the temporary pipelines used by the industry and private companies to transfer
water from a water source (water ponds, wells or hydrants)to frack sites.
Mr. Yatabe outlined the considerations that the Board of County Commissioners will be making. The
factors that 21-1-230 that Mr. Parko provided is what the Planning Commission need to use to make their
determination. Under the state statute there is one (1) required consideration which is the intensity of
current and foreseeable development pressures. When making a designation there needs to be a
statement of reasons why the particular area or activity if of state interest, the dangers that would result
from the uncontrolled development of any such area and the advantages of development in such an area.
Additionally, in Mr. Parko's staff report under Section 21-1-230 Items A and D are the major focuses in
making that designation. He added that if the Planning Commission wishes to separate the water
transmission lines from the transmission of natural gas and petroleum derivatives they may do so.
Mr. Parko said that there is a meeting scheduled for January 6, 2015 to present proposed code changes
for Chapter 21 and Chapter 23 to the Planning Commission. The Board of County Commissioners will
hear the proposed code changes on January 19, 2015, February 9, 2015 and finally on March 2, 2015.
Commissioner Sparrow asked if other counties have done anything similar to this. Mr. Parko said that
after talking with other counties in Colorado, some counties take companies through a 1041 process and
other counties have a hybrid approach.
Commissioner Berryman understands the concept for potential issues with landowners. He asked if there
is way to quantify the number of complaints or understand how big of an issue this is. Mr. Parko said that
he has received a dozen complaints over the last 6 months. He cannot speak to the number of
complaints made to the Board of County Commissioners on an individual basis.
Commissioner Maxey asked where these interstate pipelines are that have generated these complaints.
Mr. Parko said there is one pipeline running down Highway 85 from Wyoming to Commerce City. He
added that there are a couple other proposed pipelines that go from Weld County out to Cushing,
Oklahoma.
Commissioner Johnson said that we are in a philosophy fight with the situation. He said that a pipeline is
a pipeline, in his opinion, and that causes an impact to landowners whether it is water or oil and gas. He
doesn't believe we can differentiate between water and oil and gas pipelines. He said that he wonders if
we are walking into a snakes nest. Mr. Parko said that with respect to water lines that the water districts
put in, the only thing we currently permit is access or right-of-way crossings.
Commissioner Sparrow asked if after receiving the complaints are they resolved or how is it left. Mr.
Parko said that he will try to contact the company if he knows who they are and express the concerns.
He added that often time that gets satisfied; however sometimes he does hear back from the landowner
that the negations didn't work out.
Commissioner Berryman asked if there is a process to appeal the decision if we would deny an interstate
pipeline. Mr. Parko said that the appeal process has yet to be worked out.
Commissioner Maxey said that in the news there has been a large debate of moratoriums and restrictions
on fracking and bringing it back to local control because there are the state regulations and the local
2
communities can't infringe on those rights. He asked if by approving this designation is this similar to that
debate. Mr. Yatabe said that there may be legal challenges to this but the 1041 powers are specific
statutory grant allowing us the ability to regulate in certain enumerated situations. In this situation when
looking at bans or long-term moratoriums you are looking at different issues. The issue is more that
pipelines are a different matter in terms of regulation. One of the other issues that may come up is issue
of potential pre-emption and is an undecided issue at this point through federal regulation and where local
regulation fit into that.
Commissioner Cross gets the feeling that we are heavily regulated already and that another level of
government regulation piled on top of everything that they already have to go through could be counter-
productive. He doesn't want to feel like we are enjoying this boom and then add another level of
regulation to it.
Commissioner Jemiola said that he would like to know more about the full scope of changes that we are
looking at.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jeannette Jones, 1437 Venice Lane, Longmont, stated that she is employed by the oil and gas industry
but does not speak on behalf of her employer. Her employer does not operate any interstate pipelines.
She is here as a concerned citizen. She referred to a document by stakeholders titled "Pipelines and
Informed Planning Alliance (PIPA)" on the PHMSA website. Commissioner Maxey asked if it has been
adopted by agencies that regulate these industries. Ms. Jones said it is reference but not adopted by
code. She added that it is a tool to help communities and stakeholders work through these issues.
Ms. Jones echoed comments from the Planning Commission that what is put forth is very vague. She
said that we want to target interstate pipelines but from what she reads it is mentioning drilling activity and
drilling activity is not part of interstate pipelines. She also asked the Planning Commission to consider not
only the perspective of the landowner and how they are dealing with these issues from the pipeline
operators but also from the industry's similar issues. She added that a developer may come in and put in
some kind of new land use over their pipeline easement and they don't have much of a voice when it
comes to that and asked to consider how the proposed changes might take into account those impacts as
well. She is referring not to what might develop on top of the easement but rather what might be
adjacent to the easement, such as a school. Landowners will have concerns whether it is intrastate or
interstate and confused on why the 1041 process doesn't encompass the intrastate pipelines as well.
The Chair closed the public portion
Commissioner Sparrow said that we criticize for cities for meddling in certain regulations and hopes that
we are not going down the same road. He asked if it would it be better to be addressed to the Oil and
Gas Commission and have them put pressure on the pipeline companies to do the right thing. Mr. Parko
said that the COGCC doesn't have jurisdiction over interstate pipelines since they are more concerned
with down-hole operations.
Motion: Forward the proposed designation to the Board of County Commissioners along with the
Planning Commission's recommendation of denial, Moved by Jordan Jemiola. In Mr. Jemiola's motion
he stated that the reason for his recommendation is that he does not feel comfortable stepping into this
realm without fully knowing what it is being considered and what the long term ramifications could be.
Benjamin Hansford seconded the motion and added that the information if very vague.
Commissioner Johnson believes that they need to have some parameters or issues of what the problem
is. He doesn't feel that this is an emergency type thing that we need to address without having some
more of these questions answered.
Commissioner Smock said that she doesn't feel comfortable at this point recommending approval and
added that she needs some more clarification on this.
3
Commissioner Berryman understands the potential need for some greater scrutiny on siting of these
pipelines but he thinks that we face so few of them that he is having a hard time grasping the need for
this.
Commissioner Cross echoed that he is not convinced that we need to do anything because it is still a little
vague.
Commissioner Maxey agrees with certain aspects that the Planning Commission has said. However
under Section 21-21-230.D he thinks there are more reasons especially where there are companies
threatening condemnation and it is a concern. He said that there may be sections in here that would be
advantageous to have in county code but can't agree with the entire thing.
Commissioner Jemiola made a motion to call for the vote, seconded by Benjamin Hansford.
The Chair asked the Secretary to call for the vote.
Vote: Motion passed (summary: Yes= 8, No= 1,Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
No: Jason Maxey.
Commissioner Wailes understands and believe in the ability for preparedness; however a fair argument
has been made that there is too much unclarity with this right now to vote yes.
Commissioner Sparrow said that if this would be the only way to protect the landowners he would vote for
approval but he is not convinced yet.
Commissioner Jemiola believes in protecting private property owners; however he would like to see
specifics on what these changes are and what areas they would affect.
Commissioner Maxey said that this is opening up the conversation and we are not voting on specific code
changes right now. He believes that this conversation should be continued.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 6:37 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
4
§24-65.1-203.Activities of state interest as determined by...,COST§24-65.1-203
West's Colorado Revised Statutes Annotated
Title 24.Government--State
Planning--State
Article 65.1.Areas and Activities of State Interest(Refs&Annos)
Part 2.Areas and Activities Described--Criteria for Administration(Refs&Annos)
C.R.S.A.§24-65.1-203
§24-65.1-203.Activities of state interest as determined by local governments
Effective:August 11,2010
Currentness
(1)Subject to the procedures set forth in part 4 of this article,a local government may designate certain activities of state interest
from among the following:
(a)Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing
domestic water and sewage treatment systems;
(b) Site selection and development of solid waste disposal sites except those sites specified in section 25-11-203(1), C.R.S.,
sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section
25-15-200.3,C.R.S.;
(c)Site selection of airports;
(d)Site selection of rapid or mass transit terminals,stations,and fixed guideways;
(e)Site selection of arterial highways and interchanges and collector highways;
(f)Site selection and construction of major facilities of a public utility;
(g)Site selection and development of new communities;
(h)Efficient utilization of municipal and industrial water projects;
(i)Conduct of nuclear detonations;and
(j)The use of geothermal resources for the commercial production of electricity.
Next Cyr 2014 Thomson Reuters. No claim to original U.S. Government Works. 1
§24-65.1-203.Activities of state interest as determined by...,CO ST§24-65.1-203
Credits
Added by Laws 1974,H.B.1041, § 1.Amended by Laws 1979,S.B.335,§ 9;Laws 1979,H.B.1509,§2;Laws 1983,S.B.282,
§ 26; Laws 2010,Ch. 189,§ 2,eff.Aug. 11,2010.
Notes of Decisions(6)
C.R. S.A. §24-65.1-203,CO ST§24-65.1-203
Current through the Second Regular Session of the Sixty-Ninth General Assembly(2014)
End of Document <-?2014 Thomson Renews.No claim to anginal U.S.Government Works.
e Next U 2014 Thomson Reuters. No claim to original U.S. Government Works. 2
§24-65.1-401. Designation of matters of state interest,CO ST§24-65.1-401
West's Colorado Revised Statutes Annotated
Title 24.Government--State
Planning--State
Article 65.1.Areas and Activities of State Interest(Refs&Annos)
Part 4.Designation of Matters of State Interest--Guidelines for Administration(Refs&Annos)
C.R.S.A.§24-65.1-401
§24-65.1-401.Designation of matters of state interest
Currentness
(1) After public hearing, a local government may designate matters of state interest within its jurisdiction, taking into
consideration:
(a)The intensity of current and foreseeable development pressures.
(b)Repealed by Laws 2005,Ch. 192, § I,eff.June 1,2005.
(2)A designation shall:
(a)Specify the boundaries of the proposed area;and
(b) State reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled
development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or
conduct of such activity in a coordinated manner.
Credits
Added by Laws 1974,H.B.1041, § 1.Amended by Laws 2005,Ch. 192, § 1,eff.June 1,2005.
C.R. S.A. §24-65.1-401,CO ST§24-65.1-401
Current through the Second Regular Session of the Sixty-Ninth General Assembly(2014)
rut]of Document (.20I'd Thomson Reuters_No claim to original U.S.(;overnmem Works.
. Next 2014 Thomson Reuters_ No claim to original U S. Government Works. 1
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a
public hearing will be held before the Weld County Board of County Commissioners in the
Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the
time specified below to consider the proposed designation of the site selection and construction
of those major facilities of a public utility consisting of pipelines and storage areas of utilities
providing water and natural gas or other petroleum derivatives as a matter of state interest
pursuant to § 24-65.1-401, C.R.S., and Weld County Code Chapter 21. The area to be
considered for the designation would include the entire unincorporated portion of Weld County,
Colorado.
Materials regarding the matter to be designated, and the proposed guidelines and
regulations for administration thereof, may be examined in the office of the Clerk to the Board of
County Commissioners, Weld County Administration Building, 1150 O Street, Greeley,
Colorado. E-Mail messages sent to an individual Commissioner may not be included in the
case file. To ensure inclusion of your E-Mail correspondence into the case file, please
send a copy to egesick@co.weld.co.us. If a court reporter is desired for this hearing, please
advise the Office of the Clerk to the Board, in writing, at least five days prior to the hearing. The
cost of engaging a court reporter shall be borne by the requesting party. In accordance with the
Americans with Disabilities Act, if special accommodations are required in order for you to
participate in this hearing, please contact the Office of the Clerk to the Board at (970) 336-7215
Ext. 4226, prior to the day of the hearing. All cases scheduled before the Board of
Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the
Office of the Clerk to the Board at the number above, for hearing continuance information.
COMMISSIONERS HEARING DATE: January 19, 2015
TIME: 9:00 a.m.
PRESENTED BY: TOM PARKO, DIRECTOR OF PLANNING SERVICES
INQUIRIES: QUESTIONS REGARDING THIS MATTER MAY BE ADDRESSED TO TOM
PARKO, DIRECTOR OF PLANNING SERVICES, BY PHONE AT 970-353-6100, EXT 3572,
OR BY EMAIL AT tparko(a.weldgov.com
REQUEST: CONSIDER THE PROPOSED DESIGNATION OF THE SITE SELECTION AND
CONSTRUCTION OF THOSE MAJOR FACILITIES OF A PUBLIC UTILITY CONSISTING OF
PIPELINES AND STORAGE AREAS OF UTILITIES PROVIDING WATER AND NATURAL GAS
OR OTHER PETROLEUM DERIVATIVES AS A MATTER OF STATE INTEREST PURSUANT
TO § 24-65.1-401, C.R.S., AND WELD COUNTY CODE CHAPTER 21.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 9, 2014
PUBLISHED: December 12, 2014, in the Greeley Tribune
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Cassie Clarken
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
Ithat the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement,of which the annexed is a true copy.
NO T I C E has been published in said daily newspaper for
PLintuant to=son=lows of the., of Oploradiaendtt consecutive(days): that the notice was published in
Wald County Code a heating will be held before=Weld
County Board ofCoun Comma:retorters et the Heifirig Room, the regular and entire issue of every number of said
Weld County A Bui ing..11500 Street reei4y.
Colorado the nedt swtoconsider propdised newspaper during the period and time of
designation of the site selection and construction of those major
facilities of a public utility consisting of pipelines and storage ar- publication of said notice, and in the newspaper
eas of utilities providing water and natural gas or other petro and not in a supplement thereof; that the
taunt derivatives as a matter of state inter=l r pursuant tO§ proper PpP
24-65.1-401,C.R.S.,and Weld County eta Chapter 21,Ina would area to be c first publication of said notice was contained in the
considered for the designation include the en
tire unincorporated portion of weld County,Colorado.
Materials regarding the matter Twelfth day of December A.D. 2014 and the last
tit two led,and the pro-
posed guid==and regulations for administration thereof,may blication thereof: in the issue of said newspaper
be examined in the office of the Clerk to Board of Coun pu
ty }
Street,Gaily,Cotore�County Administration e 1150 individu-
al bearing the date of the
al Commissioner may not be included in ffte case tile.To ensure Twelfth clay of December A.D. 2014 that said
inclusion of your E-Mail correspondence into the case file,please
send a copy toeegges8srCisco.weld.co.us.Ifacourtreporterisde- The Greeley Tribune has been published
sired for this hearing please advise the Office of the Clerk to the
Board,k,writing,al fact five days prior to the hearing.Thoroat continuously and uninterruptedly during the period
of engaging a cowl repotef shall be bonne by the
party,In accordance wlth the Amencanawith Disabif(i if of at least six months next prior to the first issue
special accommodations are required in order for you topsrtici
pate n this hearing,please contact the Office of the Clerk to the thereof contained said notice or advertisement
Board at(970) 7215 Ext.4226,prior to the day of the hear-
ing.Al cases scheduled before the Board of Commissioners are above referred to; that said newspaper has been
subject to continuance.due to lack of quorum or otherwise,
Can�the Office
egof the Clerk ty he Board atthe umber admitted to the United States mails as second-class
abovCOMMISSIONERS c HEARINGU DATE:January 19,2015 matter under the provisions of the Act of March
TIME g:oDarm• 3,1879, or any amendments and that said
PRESENTED BY:TOM PARK),DIRECTOR OF PLANNING thereof;
SERVICES newspaper is a daily newspaper qualified for
BE INQUIRIES:QUESTIONS REGARDING THIS MATTER MAYduly
PLAN-
NING VICES,DRESSED TO BYPOHONEEAT97°»553--BT00,EFXTT3772,OR publishing legal notices and advertisements within
BY EMAIL AT tparkdaweldaovcom
REQUEST:CONSIDER THE PROPOSED DESIGNATION OF the meaning of the laws of the State of Colorado.
THE SITE SELECTION AND CONSTRUCTION OF THOSE
MAJOR FACILITIES OF A PUBLIC UTILITY CONSISTING OF
PIPELINES AND STORAGE AREAS OF UTILITIES PROM- - December 1.2, 2014
ING WATER AND NATURAL GAS OR OTHER PETROLEUM
DERIVATIVES AS A MATTER OF STATE INTEREST PURSU-
ANT TO 24-65.1-401,C.R.S.,AND WELD COUNTY CODE
BOARD EOOf COUNTY commt6sioNeAs Total Charges: $11.5(7
WELD COUNTY,COLORADO
DATED:Qecembsr 6,2014 ,
The Tribune
December 12,2014
12th day of December 2014
My Commission Expires 6/14/2017
•
Notary Public
,i
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14,2017
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held before the Weld County Planning Commission in the Hearing Room, Weld County
Administration Building, 1150 O Street, Greeley, Colorado, at the time specified below to consider the
proposed designation by the Weld County Board of Commissioners of the site selection and construction
of those major facilities of a public utility consisting of pipelines and storage areas of utilities providing
water and natural gas or other petroleum derivatives as a matter of state interest pursuant to § 24-65.1-
401, C.R.S., and Weld County Code § 21-1-210(B). The area to be considered for the designation would
include the entire unincorporated portion of Weld County, Colorado.
Materials regarding the matter to be designated may be examined in the office of the Clerk to the
Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley,
Colorado. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning
Commission hearing, please call the Department of Planning Services to obtain the appropriate
contact information.
If a court reporter is desired for this hearing, please advise the Department of Planning Services,
in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by
the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations
are required in order for you to participate in this hearing, please contact the Department of Planning
Services at (970) 353-6100 Ext. 3519, prior to the day of the hearing. All cases scheduled before the
Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the
Department of Planning Services at the number above, for hearing continuance information.
PLANNING COMMISSION DATE: December 16, 2014
TIME: 1:30 p.m.
PRESENTED BY: TOM PARKO
REQUEST: CONSIDER THE PROPOSED DESIGNATION BY THE WELD COUNTY BOARD OF
COMMISSIONERS OF THE SITE SELECTION AND CONSTRUCTION OF THOSE MAJOR FACILITIES
OF A PUBLIC UTILITY CONSISTING OF PIPELINES AND STORAGE AREAS OF UTILITIES
PROVIDING WATER AND NATURAL GAS OR OTHER PETROLEUM DERIVATIVES AS A MATTER OF
STATE INTEREST PURSUANT TO §24-65.1-401, C.R.S., AND WELD COUNTY CODE§ 21-1-210(B).
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: December 2, 2014
PUBLISHED: December 5, 2014, in the Greeley Tribune
\ffidav it of Publication
i \IF Of COI OR_AI)O
ss
County of\V"etd.
I ( assie(_lurken_
of said County of Vt elth hence duly ;lvonl. ,av
that I am an adsertisine clerk of
I'HF: GREF:l.F:} TRIM NE,
that the same is a daily newspaper of general
circulation and printed and published in the ('itv of
NOTICE Greeley, in said county and state: that the nonce or
Pursuant to the zoning laws of the State of Colorado and the advertisement. O1 which the annexed is a true copy.
Weld County Code,a public hearing will be held before the Weld
County Planning Commission in the Hearing Room,Weld has been published in said daily newspaper hg
County Administration Building 1150 O Street,Greeley,Colo-
rado at the tune speoibed below to consider the proposed tips- consecutive(days); that the notice was published Ill
,graton by the Weld County Board of Comm,ssicmers of the m o the recular and entire issue ot es Cr' number of said
se:echon and construction of those major facilities of a pubs
utmty consisting of pipelines and storage areas of siolries pre newspaper dtlriiiL the period and time of
ding water and natural gas or other petroleum derivatives as a
matter of tat Enter 51 pursuant to 2465 1.401..CRS
vWe:dC unty Code 4 21 1 21016).The area to be eonsde'ed toy pllhlliatloll of saki •
nonce. and Ill the IleVASpLIpCI
me designation.vculd'r'c;ade the entire Ur ncorporated p0�rta, proper and not in a supplement thereof: that the
st them Cnanty Colorado
Matenais regartting the made:to be desg.,ated may be en air-- lust publication of said nonce 55as contained ID the
en rise he Cerm to the Board of County Ccr+ms
oters edelaCenn,Adminlstratonauddmg 1150GCtee:. Fifth daV- ct December .\.D. 201-3 and the last
e :ey Colorado To ensure incl s c,l,riut E"Ma„ r ---_
P_tdence nto the case file poor to the Pta rrigCote, ss:r pnhlitllloll theroot- In the issue of said newspaper
nem ry please the Departmerl of Riann,nd Ser,:ces_c Lc
a n the appreo kale contact information hearinit the date of the
•a coup reporter.s desireO!or rers neanng please anti thn
epartment of Planning Services to writing at least five days I Ifni I. of 1)CCCni 01 :A.I). .2o 14 that said iile
o.tic to near no The _st ct ecgagng a court repo e _ ..
nornetiyy!he,eouesb ccdarty In accordancew�thtee r vr (ireelev lrihlnte has been published eon[tnuou>Iv
sans vent D,SaC line Act _ sp./axe,accommodations a: e-
a red order fur you to pat;pate to this hearing,plea,e alld 1i11111ICC111ptodll (Imam! the period of at least six
'act then ca e,ent P+3,,:g Sernces at:9701 353 6 _.:S i
3 '9 (' o Ch_day el the hearing Ail cases scheouleo months next prior to the first issue thereof
ore the Ptan t td r mm_ssron are subreci to continuance due I
a s t oaten,s oo Contact the Department,„ Par,_ contained said notice or ad\chlisc'nlellt abo\
rg Sr' es at the t above o t>er ab :nea
referred to: that said newspaper has been admitted
RL.M4NING COMMISSIIItni DATE De.r=ut
ME E '30,.:r — to tile I IIIIed State-: Il lads as second-e laij mallet
hEsh TED P r 5r PARKO finder the proA ISlons till the .Ae t of \larch �.i,I�t). of
REQUEST O SIL tTHE?HON',-CD tE
THE tbS C COUNT, rOAR..t 0FCOMMISSIONERS,o I Hi anV- amendments thereof: .and that Bald tte05 sparer
IT_SELECTION ANC,CONSTRUC.tldh OF THOSE
EACH_'TIES OF a PUBLIC UTILITY C
OLITIES PROF PPE is a daily neAAspapel duiV- qualified tot puhluhut��
I E5 4tv T tiAt E AREAS OF UTILITIES PR7WD1 d - -
J.ArERANt- ATCRAL GAS OR OTHER PETROLEUMCE IlOtICes and adV-ettlscltte ills AA ithln the
llAATibu AS a MATTER OF STATE INTEREST Putts a
lac ,- c RS ANL-WELDCOuN YC.LE, M6,1111'1,2 of the laws of the State of( olorado
ANticsu
WELL'COUN COLOR An(f
ATEfI e - r Decembers. ?UIq
I tai ( hue es ti n t f),
I
da, of I)c'CC ii)IlcI 'ItI-1
\r, t unnnl"uni I \H1., U I-1
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