Body
Department of Community Development
Reference: Frontage Gathering System CUP
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip Rodriguez - City Manager
Marv Falconburg, AICP - Assistant City Manager
Holly Prather, AICP - Community Development Director
Prepared By: Joshua M. Tetzlaff, AICP - Associate City Planner
Date Prepared: June 26, 2018
PURPOSE
This Conditional Use Permit application for a pair of natural gas and oil pipelines in northeast Brighton is being brought before the City Council for review. The applicant is Stephen Sullivan of Welborn Sullivan Meck & Tooley, P.C. 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 if the Council wishes to add any conditions specific to the application.
STRATEGIC PLAN FRAMEWORK
Supportive, Sustainable Infrastructure
BACKGROUND
These two pipelines, to be owned by Petro Operating Company, LLC, are proposed to cross through land over which the City of Brighton has jurisdiction. These pipelines will originate from the Homestead Wellpad in northeast Brighton and carry resources north for processing. The property these pipelines are proposing to be located on was annexed into the City in 1991, as part of an annexation that brought in quite a bit of Weld County property. The property is currently zoned as A/R Agricultural/Residential, which is designed for agricultural uses and very low density housing accompanies the agricultural uses.
The Applicant has agreed to enter into a Memorandum of Understanding (MOU), setting forth the conditions under which the Pipeline project will be undertaken, and has further agreed that execution of said MOU is a material condition of the City approval of the application.
The gas line will be an 8” pipe and the oil line will be a 4” pipe. Both 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.
Surrounding Land Use(s):
|
Surrounding |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Agriculture/Undeveloped |
--- |
County |
|
South |
Low-Density Residential |
RE (Rural Estate) |
City |
|
East |
Agriculture/Undeveloped |
A/R (Agr./Res.) |
City |
|
West |
Agriculture/Undeveloped |
A/R (Agr./Res.) |
City |
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Comprehensive Plan:
The property these pipelines will be crossing within City limits are designated Agriculture in the Be Brighton Comprehensive Plan. All of the infrastructure within the City limits will be located below ground. 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 may use the following criteria:
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 comply with the regulations of the A/R zoning. The pipelines will be buried in their entirety through the City of Brighton and the disturbed ground will be returned to its natural state.
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, allowing for restrictions or conditions to be placed on the use if need be. The proposed pipelines 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 the pipelines being buried in their entirety through the City, 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?
With the pipeline being fully buried and placed in an area of the City without much existing development, the only condition staff is recommending regards returning the land to its pre-existing state once construction of the pipelines are final.
Development Review Committee (DRC) Review:
The Development Review Committee (DRC) and referral agencies have reviewed the Conditional Use and all comments have been resolved. A complete list of comments and the agencies who made them are available upon request.
Public Comment:
As required, mailings were sent to all property owners within 300’ of this proposed Conditional Use. These mailings were sent on May 31, 2018, 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 6, 2018, along Weld County Road 4 near the proposed location. Finally, a notice was published in the Brighton Standard Blade on June 6, 2018, to give notice to those who are not affected property owners or those who do not drive near this area on a consistent basis. As of the date of this staff report, no formal comments have been received by staff.
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 condition:
The Applicant shall, contemporaneously with the City Council approval of the application, execute the Memorandum of Understanding (MOU), a copy of which is attached hereto, and by this reference made a material part of this conditional approval.
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
• Memorandum of Understanding (MOU) Concerning the Pipelines
• List of Neighbors who Received Notice (300’)
• Notice Letter Sent to Neighbors
• Notice as Advertised in Brighton Blade
• Draft Presentation Slides