Elk in Rocky Mountain National Park
 

LARIMER COUNTY PLANNING COMMISSION

Minutes of May 20, 2009

 

The Larimer County Planning Commission met in a regular session on Wednesday, May 20, 2009, at 6:30 p.m. in the Hearing Room.  Commissioners Cox, Glick, Hart, Hess, Oppenheimer, and Wallace were present.  Commissioners Benton and Weitkunat were absent.  Commissioner Morgan presided as Chairman.  Also present were Russell Legg, Chief Planner, Karin Madson, Planner, II, Jill Bennett, Principle Planner, Rob Helmick, Senior Planner, Traci Downs, Engineering Department, Doug Ryan, Health Department and Jill Wilson, Planning Technician and Recording Secretary. 

 

Rob Helmick accompanied Commissioners’ Cox, Glick, Hart, Morgan, and Wallace today on a site visit to Midori Planned Land Division/Planned Development and Southern Water Supply Location and Extent.

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: 

None

 

COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:  

None

 

APPROVAL OF THE MINUTES FOR THE APRIL 15, 2009 MEETINGS:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Glick.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None

 

CONSENT ITEMS:

 

ITEM #1  SOUTHERN WATER SUPPLY LOCATION AND EXTENT  #09-Z1735 :   Mr. Helmick provided background information on the request for a 45-60 inch diameter water pipeline which would draw water from Carter Lake and deliver it to users in Boulder and Weld Counties. 

 

Commissioner Hart asked to have the applicant explain the deviation in the pipeline route.

 

Mr. Helmick pointed out that the proposed pipeline did follow a pipeline that was built in 1995 and followed the alignment exactly in Larimer County except at the point where the pipeline followed County Road 8E east and then turned south.  There were a number of geological issues that made the applicant initially choose to follow another alignment which had need for all new easement opposed to additional easement for construction and installation. 

 

Commissioner Wallace asked if the pipeline would avoid the Bells Twin Pot.

 

Mr. Helmick stated that as a threatened plant species the applicant did have an obligation to avoid those areas if possible and it was part of their environmental analysis. 

 

 

 

 

Jim Struble, Real Estate Manager for Northern Colorado Water Conservancy District, explained that the deviation from the original easement was because on the north side of County Road 8E there was a property owner the built a house directly adjacent to the pipeline easement.  In doing so some excavation was done and they were concerned that the hillside could potential slide.  They had taken additional time to look at it and there was potential that they might stay within that existing easement and do different design techniques because the concern of going down the main road to Sedona Hills was that there was a creek bed that flowed through that area and the concern was that the creek bed was migrating east and there were concerns that the creek bed would continue to erode east.  Regarding the Bells Twin Pot, they would be avoiding those areas.

 

DISCUSSION:

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission approve the Southern Water Supply Location and Extent, file #09-Z1735, subject to the following conditions:

 

1.   The applicant shall coordinate all ditch crossings with the appropriate ditch companies.

2.   The applicant shall obtain the necessary permits from Larimer County for all public road crossings. 

3.   The pipeline excavation shall be promptly revegetated and managed to avoid noxious weed infestations and to insure air and water quality are preserved. 

4.   The applicant shall obtain all necessary permits from the State government for air and water quality.

5.   The applicant shall obtain all necessary wetland or other federal permits. 

 

Commissioner Hart seconded the Motion.

 

Commissioners' Cox, Glick, Hart, Hess, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

ITEM #2  MIDORI PLANNED LAND DIVISION/PLANNED DEVELOPMENT #08-S2820:  Mr. Legg provided background information on the request to rezone from FA-Farming to PD-Planned Development and divide 4.99 acres into eleven lots for single family residential uses located on the west side of North Taft Hill Road, south of the Saddleback and Solar Ridge Subdivisions, northwest of Fort Collins.  The site is within the Fort Collins Growth Management Area and subject to the Northwest Sub-Area Plan. 

 

Commissioner Wallace asked if the brick historical building would be retained on the site?

 

Mr. Legg replied that the initial idea was to move the applicant’s professional offices in to the building.  It was considered to be an historical building by the City of Fort Collins.  If that idea did not work the rezoning was tailored to provide for a bed and breakfast or community building for the homeowners association.

 

 

 

DISCUSSION:

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Midori Planned Development to rezone from FA-Farming to PD- Planned Development, file #08-S2820, for the property described on “Exhibit A” to the minutes, be approved effective upon the recordation of the Final Plat and Development Agreement.

 

Commissioner Hart seconded the Motion.

 

Commissioners' Cox, Glick, Hart, Hess, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that Midori Planned Land Division, file #08-Z2820, for the property described on “Exhibit A” to the minutes, be approved subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved Preliminary Plan and with the information contained in the Midori Planned Land Division and Planned Development, File # 08-S2820, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Midori Planned Land Division and Planned Development, File # 08-S2820.

 

2.   The following fees shall be collected at building permit issuance for new single-family dwellings:  Poudre School District Fee, Larimer County fees for County and Regional Transportation Capital Expansion and the Community and Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply.  The County Engineering Department Development Construction Permit Fee and Access Permit Fee also apply.

 

3.   The development shall connect to the public water system to be designed and constructed to supply a minimum fire flow of 1,000 gallons per minute with a minimum pressure of 20 pounds per square inch (psi).  In addition, the development must provide fire hydrants no more than 1,000 feet from each occupied structure.

 

4.   All habitable structures will require an engineered foundation system.  Such engineered foundation system designs shall be based upon a site-specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   Prior to recordation of the final Development Agreement and Final Plat, Developer shall provide a signed Agreement to Annex for review and approval by the Larimer County Attorney, to be recorded with the Final Plat and the Development Agreement.

 

7.   The historic residence on Lot 11 is subject to the uses described in the PD-Planned
Development rezoning.  If the historic residence is removed, it can only be replaced with a single-family residential use.

 

Commissioner Hart seconded the Motion.

 

Commissioners' Cox, Glick, Hart, Hess, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

ITEM #3  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE  #09-CA0096 :   Ms. Madson provided background information on the request to make housekeeping changes to Sections 4.3.9, 4.3.10, 4.6.3, 4.7.3, 8.01, 12.2.7, and 5.13.4 of the Larimer County Land Use Code.

 

DISCUSSION:

 

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Amendments to the Larimer County Land Use Code, file #09-CA0096, as follows:

 

1.    Amend the Land Use Code, Sections 4.3.9.B and 4.3.9.C, as follows:

 

               B. Fireworks stands.  Temporary fireworks stands are allowed in the B-Business, C-Commercial, I-Industrial and I-1 Industrial zoning districts from June 16 to July 5. A setback and use permit issued by the building department is required for each temporary fireworks stand. 

 

               C. Christmas tree stands.  Temporary Christmas tree stands are allowed in the B-Business, C-Commercial, I-Industrial and I-1 Industrial zoning districts from the day after Thanksgiving to the day after Christmas. A setback and use permit issued by the building department is required for each temporary Christmas tree stand. 

 

2.    Amend the Land Use Code, Section 4.3.10.F, as follows:

 

               F. Accessory living area.  Finished habitable space in a single-family dwelling or in a detached building that is clearly accessory to the single-family dwelling. Accessory living area may contain a complete dwelling living unit. 

 

3.    Amend the Land Use Code, Section 4.3.10.L.3, as follows:

 

               3. The hub height of the wind generator must not exceed 40 feet.  The height of a vertical axis turbine is measured at the top of the generator.

 

4.    Amend the Land Use Code, Section 4.6.3.B, as follows:

 

            B. The special circumstances, condition or situation is are not the result of actions or inactions by the applicant or the current owner;

 

5.    Amend the Land Use Code, Section 4.7.3.F, as follows:

 

F. There is reasonable justification for the use being at the proposed location rather than in a municipality, county approved growth management area, or where zoning would allow the use by right or by special review;

 

6.    Amend the Land Use Code, Section 8.01, as follows:

     

I.   Other governmental entities such as cities, town and special districts, may have ordinances, resolutions or regulations that apply to development, zoning or other processes.  The County’s reference to these ordinances, resolutions or regulations or the County’s requirement that applicants comply with them does not obligate the County to enforce such ordinances, resolutions or regulations by withholding building permits or through other legal processes.

 

7.    Amend the Land Use Code, Section 12.2.7, as follows:

     

E.  Resubmittal of an application.   

                  A development application denied by the county commissioners may be resubmitted only if the applicant makes significant changes to address the reasons stated for the denial. The planning director will determine if the changes are sufficient to allow a resubmittal. The decision of the planning director can be appealed to the county commissioners.

 

8.    Amend the Land Use Code, Section 5.13.4.G, as follows:

        

G. Resubmittal of an application.   

1.  A preliminary plat application denied by the county commissioners may be resubmitted only if the applicant makes significant changes to address the reasons stated for the denial. The planning director will determine if the changes are sufficient to allow a resubmittal. The decision of the planning director can be appealed to the county commissioners.

 

2. Any preliminary plat application may be resubmitted without changes more than 12 months after a county commissioner denial.

 

Commissioner Hart seconded the Motion.

 

Commissioners' Cox, Glick, Hart ,Hess, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

ITEM #4  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE  #09-CA0095 :   Ms. Madson provided background information on the request to make changes to Section 4.3.1.I – Apiary of the Larimer County Land Use Code. 

 

Commissioner Morgan thanked Ms. Madson for work on the amendments.

 

DISCUSSION:

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Amendments to the Larimer County Land Use Code, file #09-CA0095, be approved as follows:

 

1.   Amend the Land Use Code, Section 4.3.1.I, as follows:

 

4.3.1.  Agricultural uses.

 

I. Apiary.  An assembly of one or more colonies of bees at a single location. An apiary must meet the following standards: 

 

1. Hives. All bee colonies shall be kept in removable frame Langstroth type hives with removable frames, which shall be kept in sound and usable condition. 

 

2. Fencing of flyways. In each instance in which any colony is situated within 25 feet of a public or private property line of the lot upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper must establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

 

3 2 . Water. Each beekeeper must ensure that a convenient source of water is available at all times to the bees. so that the bees will not congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact.

 

 

4 3 . General maintenance. Each beekeeper must ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials must be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure.  There shall be no outdoor storage of any beekeeping or hive materials that are not being used as part of a hive.

 

5 4 . Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens must be selected from stock bred for gentleness and nonswarming characteristics.

 

6 5 . Colony densities.

a. No more than the following number of colonies may be kept on any lot, based upon the size or configuration of the lot on which the apiary is situated:

1. One-quarter acre or less lot size - two colonies;

2. More than one-quarter acre to one-half acre lot size - four colonies;

3. More than one-half acre to one acre lot size - six colonies;

4. More than one acre or larger lot size - eight colonies; and

5. Regardless of lot size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.

1. On lots of 15,000 square feet or less – four colonies are allowed.

2. On lots of more than 15,000 square feet – two additional colonies are allowed for each 7,500 square feet in excess of 15,000 square feet.

 

b. For each two (2) colonies authorized  allowed under the colony densities, subsection (a) above, there may be maintained upon the same lot one eight temporary nucleus colony colonies.  The in a hive structure shall not exceeding one standard nine and five-eighths inch depth ten frame hive body with no honey super(s) attached as required from time to time for management of swarms and for rearing of queens. Each such temporary nucleus colony must be disposed of or combined with an authorized colony within 30 days after the date it is acquired.

 

c. An apiary consisting of more than 75 colonies must maintain a distance of at least 200 feet from any property line.

 

Commissioner Hart seconded the Motion.

 

Commissioners' Cox, Glick, Hart, Hess, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

 

 

 

ITEMS: 

 

ITEM #5  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE  #09-CA0091 :   Ms. Bennett provided background information on the request to amend Sections 4.1.233A, 4.1.18.A, 4.3.7.B.1, and the zoning table of the Land Use Code to add Trade Use to the  Red Feather Lakes Business zone. 

 

PUBLIC TESTIMONY:

None.

 

DISCUSSION:

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Amendments to the Larimer County Land Use Code, file #09-CA0093, be approved as follows:

 

1.    Amend the Land Use Code by adding the following to Section 4.1.23:

 

4.1.23 RFLB-Red Feather Lakes Business .

A.  Principal uses:

Add:

25.  Trade use (S)

 

2.    Amend the Land Use Code, Section 4.1.18, as follows:

 

4.1.18 C-Commercial.

A. Principal uses:

Amend:

34. Trade use (R) (R/S)-See section 4.3

 

3.    Amend the Land Use Code, Section 4.1 zoning table, with the above changes.

 

4.    Amend the Land Use Code, Section 4.3.7.B, by adding the following definition: with the following changes:

 

4.3.7.B.  Trade use.  A business or occupation requiring specialized training in a manual or mechanical skill, including but not limited to carpentry, plumbing, sheet metal, electrical, auto repair, heating, ventilation and air conditioning, furniture upholstery and machine shops.

 

Delete:

1.A trade use with any outdoor storage of materials, parts, vehicles or finished product requires approval through the special review process in the C-Commercial zoning district.

 

 

 

 

 

Add:

1.    A trade use with accessory outdoor commercial storage requires approval through the special review process in the AP-Airport and RFLB-Red Feather Lakes Business zoning districts.

 

Commissioner Glick seconded the Motion.

 

Commissioners' Cox, Glick, Hart, Hess, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

 

ITEM #6  AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE  #09-CA0094 :   Ms. Bennett provided background information on the request to amend Section 14.4 of the Land Use Code to designate natural gas and petroleum derivative pipelines and storage facilities as Matters of State Interest.  She stated that staff researched the regulation of other counties and did public outreach that consisted of contacting all the companies and utilities that currently had the facilities in Larimer County or close to Larimer and Weld Counties.  A number of comments were received but Excel Energy and Plains All American Pipeline both had similar concerns.  They both liked the idea that the proposal was to deal with new pipelines and avoided the issues of maintenance, etc. of existing pipelines.  They asked that additional, more specific language be added, and Excel Energy helped with the more technical definition of what distinguished a transmission line from a service line.  They explained that a 10 inch diameter was small enough that it would not distinguish between a service line or transmission line and proposed to include hoop stress which tested the strength of the pipe and used to define what a transmission line was.  The proposed definition was as follows: 

 

Section 14.4 Designated Matters of State Interest.

 

H.  Siting and development of new pipelines designed for transmission of natural gas or other petroleum derivatives of 10-inch diameter or larger, which create a hoop stress of 20 percent or more at their specified minimum yield strength.  This designation shall include appurtenant facilities such as compressor stations, pipe valves and other mechanical controls that are part of the pipeline project.  This designation shall not include the maintenance, repair, adjustment or removal of an existing pipeline or the relocation of an existing pipeline within the same easement or right-of-way.  The designation shall also not include the addition, replacement, expansion or maintenance of appurtenant facilities on existing pipelines.

 

Commissioner Hart asked if it was the intent to not regulate the expansion of an existing pipeline?

 

Ms. Bennett replied that it would not be regulated unless it was expanded outside of the right-of-way or required new right-of-way. 

 

Commissioner Glick asked if the relocation of an existing pipeline would allow it to be upsized.

 

 

Ms. Bennett replied that it would not preclude an expansion. 

 

Commissioner Morgan asked what the recommendation from the County Attorney was regarding federal preemption for the Colorado Interstate Gas Company?

 

Ms. Bennett replied that no recommendation had been given.  Nevertheless the county attorney suggested that the regulation move forward and stated that she would have a recommendation by the Board of County Commissioners hearing.  Colorado Interstate Gas suggested that language be used similar to Pueblo County where they exclude the regulation but have a notification system to allow the county commissioners to comment on the federal permitting process. 

 

Commissioner Morgan stated that one of his concerns was federal preemption.  He supported 1041 but felt that the county needed to be judicious in their resources and resolve the federal preemption issues.

 

Commissioner Wallace asked for clarification of the proposed 14.4.H.  She wondered if the “20 percent of hoop stress or more” defined petroleum derivatives or defined pipelines. 

 

Ms. Bennett explained that the hoop stress was a definition of the pipe.

 

Mr. Legg explained that federal preemption would preempt companies that were regulated by the federal government.  Other companies would still be subject to the 1041 regulations.

 

Commissioner Cox asked what the sense of urgency was in making a decision.  She wondered if they should wait until all the rules were understood so the language would not have to be changed. 

 

Commissioner Morgan stated that he liked the process and saw the benefit of Pueblo County’s regulation in a sense that there was notice.  He felt that the issue of federal preemption should be recognized within the code. 

 

Commissioner Wallace stated that the written notice aspect could be examined and then integrated into the whole framework of 1041 rather then just the proposed Section 14.4.H.  It seemed that the issue could come up not just for the pipelines but in a variety of issues. 

 

Commissioner Morgan agreed with Commissioner Wallace.

 

PUBLIC TESTIMONY:

Rick Grady, Excel Energy, 550 15th Street, Denver, thanked the staff for reaching out to them and asking for suggestions and input.  He explained that the hoop stress of 20 percent came from the State Department of Transportation Code 192 which defined it as a break point between transmission and distributions.  It was also measured by the stress in a cylinder form caused by internal and external pressure. 

 

Commissioner Glick asked if there was a designed PSI that the liquid would be going through that could be changed once the pipeline was in service or if it had to stay at a constant pressure so that it never went over the 20 percent hoop stress.

 

 

Mike Miller, Excel Energy, Principle Planning Engineer, 1223 W. 3rd Ave., Denver, replied that the hoop stress could be increased on a pipeline.  Normally a hoop stress on a distribution pipeline was under the 20 percent hoop stress and would meet the minimum strength of the pipeline.  As a result, the pressure could be raised on the internal portion of that pipeline which would increase the pressure and raise the stress on the pipe.

 

Commissioner Glick asked if that pressure would be limited to fall within the prevue of that stress?

 

Mr. Miller replied yes or it could go higher.  Twenty percent was just a number and was not a limit.  A pipeline could go up to 100 percent hoop stress, which would be the yield strength of the pipe.

 

Commissioner Morgan asked what the safety margin was?

 

Mr. Miller replied that there were a number of them based on the class locations.  As they operated in more urban areas they were given a higher safety factor on the pipeline which reduced the ability to get close to that designed pressure.

 

Commission Morgan confirmed that if the language was put into the code then it would just be to indicate size?

 

Mr. Miller replied that it would be an indicator of use.  When the pipeline was used to distribute through neighborhoods stresses were under 20 percent hoop stress.  Stresses higher than 20 percent would be seen when the pipeline was in place to bring it from a supply point to a locality to be distributed and that was what they called the transmission lines.

 

Commissioner Glick wondered if the regulation could be manipulated if the pipeline started at less than 20 percent hoop stress and then increased later on.

 

Mr. Miller replied that it could happen but Excel Energy would not do something like that.  He stated that the company had dealt with counties that had the 1041 process before, and they looked forward to working with the counties under the 1041 regulation to site the pipelines in the best possible location for both Excel and the county.  He acknowledged that as the language was written one could put a pipeline in that was underneath the 20 percent hoop stress.  The pipe would have to be taken out of service after the fact and retested back to the higher level.

 

Commissioner Hart stated that he could understand the desire not to include replacement or minor expansion of existing pipelines but if the expansion would double or triple the size of the pipeline it might be of interest to the county.  He asked how much a pipeline could be expanded within an existing right-of-way?

 

Mr. Grady replied that it would involve the size of the right-of-way.  It could be expanded to the width of the right-of-way but they did like to have a buffer to protect the pipeline. 

 

Commissioner Wallace asked what the impacts to the citizens would be of increasing the capacity or size of a pipeline within an existing right-of-way?

 

 

Mr. Miller replied that besides the initial impact during construction he felt that once it was constructed and under operation it would have almost no difference to the people that lived around it. 

 

DISCUSSION:

Commissioner Wallace remarked that a Location and Extent review would be required for a relocation of existing pipeline within the same right-of-way easement and she did not see any advantage of requiring it in the 1041 regulations.

 

Commissioner Glick stated that he was concerned with the wording “hoop stress of 20 percent or more” in the language.  He felt that under the proposed language one would choose to expand rather than do a new pipeline.  He questioned adopting a regulation that would leave loop holes.

 

Commissioner Cox asked if he was proposing to leave out the hoop stress?

 

Commissioner Glick stated that it was an option but he did understand the extra layer of regulation.  He just wondered that at some point in time the citizens of the county would end up having no say other than a location and extent.

 

Ms. Bennett remarked that staff felt that it was advantageous to use existing rights-of-way so more corridors and property did not have to be disturbed.

 

Commissioner Morgan stated that the intent of 1041 was not to regulate gas pipelines.  It was to look at the development impacts, the land use impacts, and to have a say in the process when a structure would impact the land use.  Once the pipeline was in the ground the land use implications were already done.  He agreed that the pipeline should stay in its original location rather than relocating. 

 

Commissioner Hart stated that the intent was for Larimer County to regulate projects that were of significance and would have substantial impact on the residents of the county.  It was also designed to regulate pipelines designed for transmission not for distribution.   He felt that it was more important to Larimer County to get a regulation in place, and if necessary make adjustments to the code.  He appreciated Excel Energy’s desire to have a more precise definition but in terms of the regulation, he did not feel that the hoop stress needed to be in the land use code language. 

 

Commissioner Morgan agreed with Commissioner Hart. 

 

Commissioner Wallace moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the Amendments to the Larimer County Land Use Code, file #09-CA0094, be approved as follows:

 

 

 

 

 

 

1.    Amend the Land Use Code, Section 14.4, by adding the following:

 

H.  Siting and development of new pipelines designed for transmission of natural gas or other petroleum derivatives of 10 inch diameter or larger.  This designation shall include appurtenant facilities such as compressor stations, pipe valves and other mechanical controls that are part of the pipeline project.  This designation shall not include the maintenance, repair, adjustment or removal of an existing pipeline or the relocation of an existing pipeline within the same easement or right-of-way.  The designation shall also not include the addition, replacement, expansion or maintenance of appurtenant facilities on existing pipelines.

 

I. Siting and development of new or expanded storage facilities of  50,000 cubic feet or more of natural gas or 35,000 barrels or more of petroleum derivatives. 

 

Commissioner Glick seconded the Motion.

 

Commissioners' Cox, Glick, Hart, Hess, Oppenheimer, Wallace, and Chairman Morgan voted in favor of the Motion.

 

 

MOTION PASSED:  7-0

 

 

REPORT FROM STAFF:  Mr. Legg reminded the Commission of their upcoming meetings. 

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 8:05 p.m.

 

 

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

 

 

_______________________________                      ______________________________

Roger Morgan, Chairman                                           Karen Weitkunat, Secretary

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT “A”

 

 

A parcel of land being part of the Northeast Quarter (NE114) of the Southeast Quarter (SE114) of Section Four (4), Township Seven North (T.4N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), Larimer County, Colorado, being more particularly described as follows, to wit:

 

BEGINNING at a point North 00°42'37" East along the East line of the SE114 of said Section 4 a distance of 330.00 feet from the Southeast Corner of the Northeast 114 of the Southeast 114 of said Section 4 and assuming the East line of the Southeast Quarter (SE114) of said Section 4 to bear North 00°42'37" East, a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983192, a distance of 2637.24 feet, with all bearings herein relative thereto;

 

THENCE North 00°42'37" East continuing along the East line of the SE114 of said Section 4 a distance of 330.00 feet;

THENCE North 89°17'23" West a distance of 659.91 feet (record = 660.00 feet);

THENCE South 00°42'37'' West a distance of 330.00 feet;

THENCE South 89°17'23" East a distance of 659.91 feet (record = 660.00 feet) to the East line of the SE114 of said Section 4 and to the POINT OF BEGINNING;

 

Said described parcel of land contains 4.999 Acres, more or less (*), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.