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Department of Community Development
Reference: Discovery Pipeline CUP
To: Mayor Richard N. McLean and Members of City Council
Through: Clint Blackhurst, Interim City Manager
Marv Falconburg, AICP, Assistant City Manager for Development
Holly Prather, AICP, Community Development Director
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Presented: July 11, 2017
PURPOSE
This Conditional Use Permit application for a pair of natural gas and oil pipelines in east Brighton, near E-470 is being brought before the City Council for review. The applicant is John Wolford, PSI, LLC. Per Section 17-8-60 of the City of Brighton Land Use and Development Code, an application seeking a Conditional Use Permit must be presented before the City Council at a public hearing. Following the public hearing, Council shall provide by resolution an approval or denial of the request, including conditions specific to the application.
BACKGROUND
The pipelines are proposed to cross through land over which the City of Brighton has jurisdiction. The pipelines will be located on the north side of E-470 between properties zoned as the Willow Bay PUD and just east of the South Platte River (the “Pipeline Property”). The property these pipelines are proposing to be located on was annexed into the City in 1990, as part of an annexation known as the Third Annexation for Willow Bay. The property is not currently zoned as it is in the E-470 right-of-way.
The gas line will be an 8” pipe and the oil pipeline will be 10” and will be buried a minimum of 48” below grade, even though the Federal regulations only require 36”. At all road crossings, the depth will drop to at least 60”.
The applicant has the responsibility for acquiring all of the necessary temporary and permanent easements for construction of the pipelines and for traffic control during construction. It is also responsible for returning any disturbed land to its natural state following construction.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Comprehensive Plan:
The property these pipelines will be crossing is within City limits and is designated as Parks and Open Space and Agriculture in the Be Brighton Comprehensive Plan, and Local District Mixed Use where it is crossing through unincorporated Adams County. All of the infrastructure within the City limits will be located below ground and adjacent to existing roadways. There are currently no residences on the land within the City limits over which the pipelines will be constructed.
Land Use and Development Code:
When reviewing a Conditional Use Permit, the City Council shall use the following criteria, as provided by the Land Use and Development Code (ref. Section 17-8-60.2):
a. The conditional use complies with the requirements of these regulations and with the zone district in which it is to be located;
The proposed pipelines are located within the E-470 ROW, so there are not any zoning regulations to comply with.
b. The conditional use provides consistency with the purpose and intent of these regulations;
The purpose and intent of a conditional use is to allow uses that may be compatible with the surrounding uses in the zone district if restrictions or conditions are placed on the use. The proposed pipelines, with conditions regarding hours of operations, construction timelines, and landscaping, can meet the purpose and intent of the conditional use provision.
c. The conditional use provides compatibility with the surrounding areas, is harmonious with the character of the neighborhood, is not detrimental to the immediate area, is not detrimental to the future development of the area, and is not detrimental to the health, safety, or welfare of the inhabitants of the City;
With all of the pipelines being constructed within the City being buried in their entirety, and the requirement for re-vegetation, there will not be any permanent interference or disturbance to the surface.
d. The conditional use complies with the Comprehensive Plan and other master plans of the City; and
As stated previously, the proposed pipelines do comply with the Comprehensive Plan for the area.
e. Does the conditional use require restrictions or conditions upon approval?
The restrictions the City Council should consider include the construction timeline, hours of work and operation, and revegetation. The applicant has submitted that the pipelines through the City will be completely underground.
f. The following should be considered in the decision in addition to any other criteria deemed relevant to the particular use requested:
1. Hours of operation;
The applicant has proposed the construction timeline to be four weeks through the City limits and three to four months total. Construction is proposed to happen during regular business hours. After this, the only traffic associated with the site will be during maintenance checks.
2. Street and road capacity;
This project will use an access over the Adams County property for construction and the E-470 ROW.
3. Off-street parking;
No additional off-street parking will be needed.
4. Fencing, screening, and landscaping;
The applicant has stated the portion of the pipelines through the City will be placed underground; therefore, screening is not necessary, although the applicant will be required to revegetate the disturbed ground.
5. Building bulk, height, setback, location, and external appearance;
This project does not include anything to be constructed on the surface.
6. Useable open space;
The proposed pipelines will be placed underground, allowing the undisturbed view around the lake to remain.
7. Signs and lighting; and
No signs are proposed to indicate the location of the pipeline.
8. Noise, vibration, air pollution, or similar environmental considerations.
The applicant will be required to meet all environmental requirements.
Development Review Committee (DRC) Review:
The Development Review Committee (DRC) and referral agencies have reviewed the Conditional Use and all comments have been resolved. The portion of the pipelines going through the E-470 Right of Way will need to get a permit through E-470.
Public Comment:
As required, mailings were sent to all property owners within 300’ of this proposed Conditional Use. These mailings were sent on June 16, 2017, and included a letter describing the proposed Conditional Use as well as the time and place for the public hearing. Also included with the letter was a map of the subject area. Along with the public mailings, public hearing signs were posted on June 16, 2017, along Brighton Road near the proposed pipeline alignment. Finally, a notice was published in the Brighton Standard Blade on June 21, 2017, to give notice to those who are not affected property owners or those who do not drive near this intersection on a consistent basis. As of the date of this staff report, no formal comments have been received by staff.
Fiscal Impact:
Since the pipelines shall be owned and maintained by Discovery Pipeline, there are no direct fiscal impacts to the city regarding the proposed Conditional Use. It should be noted that oil and gas operations located within the county will be tying into the pipelines, which may reduce the number of truck trips on local roadways. The potential reduction in truck trips on city roadways may reduce the wear and tear that would have otherwise occurred as a result of trucking the products.
STAFF RECOMMENDATION
Due to meeting the review criteria of Section 17-8-60 of the City of Brighton Land Use and Development Code, staff recommends approval of the Conditional Use Permit, with the following seven (7) conditions:
1) All construction shall be in strict compliance with the plans approved by the City.
2) The eight (8) inch oil pipeline shall be constructed at a depth of at least forty-eight (48) inches below grade; at all road crossings, the depth shall be at least sixty (60) inches below grade.
3) The ten (10) inch natural gas pipeline shall be constructed at a depth of at least forty-eight (48) inches below grade; at all road crossings, the depth shall be at least sixty (60) inches below grade.
4) Construction may only take place between the hours of 7:00 AM and 7:00 PM, Monday through Friday.
5) All land must be returned to its original state of vegetation upon completion of construction for the pipelines. Any trees or other landscaping that is removed during construction must be replaced elsewhere on the property with similar trees/landscaping.
6) No construction equipment, including vehicles and pipes not being installed within the City limits, may be staged or otherwise stored on any property within the City of Brighton city limits.
7) Nothing shall be constructed on the surface unless and until an application to amend the conditional use is submitted and approved by the City Council.
A draft resolution has been provided to the Council should it decide to proceed with the application as presented.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Conditional Use Permit application.
1) The City Council can approve the Conditional Use Permit as presented.
2) The City Council can approve the Conditional Use Permit with select conditions.
3) The City Council can deny the Conditional Use Permit.
4) The City Council can continue the application to be heard at a later, specified date.
ATTACHMENTS
• Aerial Map
• Draft Resolution with Conditions