HomeMy WebLinkAbout20132721.tiffBEFORE 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 passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV TRANSMISSION
EXTENDING APPROXIMATELY 2.5 MILES) IN THE A (AGRICULTURAL), R-1
(LOW DENSITY RESIDENTAL) AND 1-3 (INDUSTRIAL) ZONE DISTRICTS
THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES WEST ALONG THE
S2 OF SECTION 33 AND TERMINATES AT THE LUCERNE GAS PLANT
EXPANSION IN THE S2 OF SECTION 32, T6N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO
GENERALLY LOCATED NORTH OF EAST C STREET; 0.5 MILES WEST OF CR
43; SOUTH OF CR 64.5; EAST OF NORTH 6TH AVENUE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21-
3-340. A of the Weld County Code, as follows:
Section 21-3-340.A.1 — The health, welfare and safety of the citizens of the County will be protected
and served.
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
Section 21 -3 -340.42 -The natural and socio-economic environment of the County will be protected
and enhanced.
There are no significant prevalent natural hazards in the area that will affect, or be affected by, the
project. Historically the area has been dominated by irrigated agricultural uses.
Section 21-3-340.A.3 -- All reasonable alternatives to the proposed action, including use of existing
rights -of -way and joint use of rights -of -way wherever uses are compatible, have been adequately
assessed and the proposed action is compatible with and represents the best interests of the people
of the County and represents a fair and reasonable utilization of resources in the impact area.
Three transmission line corridor alternatives were evaluated to address the need of the Project.
Alternative 1 Taking no action would result in no power delivery to the proposed substation at the
Lucerne gas compressing plant expansion. Without the proposed substation, power for the Project
would need to be supplied by generators. In order to run the generators, DCP would need to include
the emissions from the generators into the air quality permit. Due to the Denver metro airshed not
meeting EPA mandated standards for air pollution, the additional emissions from the generators
would make an emissions permit difficult and time consuming to obtain. The No Action Alternative
does not meet the need of the Project.
Alternative 2. Supply power to the proposed substation at the Lucerne gas compressing plant
expansion through the existing PSCo 44 -kV transmission line; engineering review confirmed that
elements on the system are loaded to near their thermal rating limits. It was also determined that
no available room for load growth exists on the 44 -kV system without significant reinforcements.
gas- 27a/
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 2
Alternative 3. Construct a new transmission line connection from the Monfort Substation to the
proposed substation at the Lucerne gas compressing plant. The construction of the new line
provides a cost-effective, secure, and reliable source of power for the proposed Lucerne gas
compressing plant expansion.
The applicants sought public input, on October 26, 2012, PSCo mailed a letter to all landowners
within the study area explaining the Project and the purpose that it would serve. The letter identified
the Monfort Substation, the DCP Lucerne gas compressing plant, and explained that the proposed
transmission line must connect the two. Recipients were provided with contact information and were
invited to call PSCo with comments or questions about the Project, as well as input regarding
potential routes for the transmission line. PSCo staff spoke with each individual who called.
Due to the minimal response from the public, PSCo went ahead and identified three route
alternatives. A follow-up letter was mailed to all the landowners within the study area on December
7, 2012 informing them of the selection of three route alternatives. The letter included a map
depicting the three alternatives and asked the public to provide their input by either calling or
emailing PSCo directly or using a self addressed, stamped envelope that was provided.
PSCo also held a public open house meeting at the Rodarte Community Center on Wednesday
March 13, 2013 from 4-6pm. At the meeting graphic materials and other information were on display
and the public was asked to provide their input. PSCo staff was also available to answer any
questions. Most of the questions from the public were around the location of the transmission line
and if the project could be constructed and operated in a way so that current agricultural operations
were not significantly impacted.
As the preferred route was identified, PSCo staff reached out individually to the landowners whose
property would be impacted by that route. PSCo continues to work with those landowners to
minimize and mitigate impacts to their properties.
The new 2.5 -mile transmission line would consist of approximately 25-28 structures. The structures
would be single pole steel structures spaced approximately 400-550 feet apart. The transmission line
would have three conductors and an overhead optical ground wire for internal PSCo
communications. Transmission poles would be directly embedded in soil, except at changes in
direction of the line. At these locations, the poles would be installed on reinforced concrete
foundations, approximately 5-7 feet in diameter and 20-30 feet deep.
There are no socio-economic constraints associated with the project.
Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been
presented.
The Colorado Division of Parks and Wildlife and the State Historical Society did not return a referral
response. The vicinity of the Project site is characterized by agricultural uses, primarily farming and
ranching. The surrounding vegetation communities can be characterized as disturbed grassland.
Permanent removal of vegetation would occur at structure sites. Construction would occur in an area
that has been previously disturbed, and impacts to native vegetation communities are expected to be
minimal. Access would incorporate the use of existing access drives as well as overland in nature and
minimal vegetation would be disturbed.
The Cache La Poudre River and Eaton Draw are located west of the Monfort Substation in Section 32
and outside of the Project area. There is floodplain located within the Project area, south of the
substation, associated to the Cache La Poudre River and Eaton Draw. PSCo will work with Public
Works to obtain a Flood Hazard Development Permit if required. Neither wetlands nor wetland
vegetation was observed in association with the floodplain.
Impacts to wetlands and water resources would not occur from the Project. The Project would not
impact hydrologic flow of surface water or groundwater, nor would it affect groundwater recharge.
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PUBLIC SERVICE COMPANY OF COLORADO
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Given the established use of the site and the surrounding agricultural use, the area is unlikely to
support quality habitat for many species. Common wildlife such as coyote, fox, skunk, rabbits, and
various birds are likely to be present in the area and are expected to occasionally pass through the
site, but the site is not likely to support nesting or denning habitat for most species. Only minimal
impacts to wildlife are expected to occur, and these would likely be limited to temporary disturbance
from construction activities. Mark Leslie, Area Wildlife Manager with Colorado Parks and Wildlife, had
a chance to review the details of the project early on. Afterwards Mark stated "at this time we don't
have any serious issues with the transmission line but it will depend on the exact alignment that is
chosen and the timing of the year so as to avoid issues with ground nesting birds and nesting/roosting
raptors." He will provide further review of the application when it's sent to him during the referral
period.
To preclude avian electrocutions and minimize collision risk, PSCo would incorporate its Avian
Protection Plan (APP) standards developed in part by using the Avian Power Line Interaction
Committee's Suggested Practices for Avian Protection on Power Lines (APLIC 2006).
Section 21-3-340.A. 5 --The nature and location or expansion of the facility complies with all applicable
provisions of the master plan of this County, and other applicable regional, metropolitan, state and
national plans.
The transmission line will be located within the 3 -mile referral area of the City of Greeley which
returned a referral response dated May 22, 2013 noting that the route proposed is entirely contained
within the Long Range Expected Growth Area [LREGA] of the City of Greeley. This is the area within
which the City expects to grow over the next twenty plus years. This particular area within the LREGA
is considered an Industrial Employment area within the City's Land Use Guidance Map. The
extension of utility infrastructure makes future development of this area more likely, and where
possible the City requires undergrounding of new utilities. Finally, per the City of Greeley 2035
Comprehensive Plan, "C" Street (County Road 62) will ultimately be a collector roadway with a right-
of-way width of ninety (90) feet. If alignment "Route C" is pursued, then the location of the electric line
shall be located outside of the future road right-of-way, and if alignment "Route B" is pursued, the City
code requires street trees along right-of-way which generally conflict with overhead power lines. The
proposed route, Route B, will reduce utility conflicts in the future as this area urbanizes.
Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services.
The applicant indicates that they will work with Public Works to ensure there are no adverse effects on
county roads. PSCo would work with the Weld County Public Works Department to determine the
appropriate construction method to access the construction area. All mobile construction equipment
would be certified to operate on Interstate highways. There may be short periods of time when traffic
would be halted on North First Avenue to allow construction vehicles to enter and exit the construction
area.
Approximately 30 construction workers would be employed during the course of the approximately 3 -
month construction period. The maximum number of construction workers at any one time would be
approximately 15 workers. Given the short construction schedule, the site will not generate significant
demands on community services such as the school district.
Section 21 -3 -340.A.7 --The nature and location or expansion of the facility will not create an expansion
of the demand for government services beyond the reasonable capacity of the community or region to
provide such services, as determined by the Board of County Commissioners.
It is anticipated that the Project would have a small beneficial impact to the local economy.
Construction contractors, regardless of origin, would likely spend money in the City of Greeley for fuel,
food, or other supplies. During the construction period, the local economy may see a small influx of
dollars and a small increase in sales tax revenue. The footprints of the proposed structures would be
the only land removed from current use. Land between the transmission structures would remain
available for farming, grazing, or other operations that do not interfere with safe and reliable operation
of the transmission line.
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PUBLIC SERVICE COMPANY OF COLORADO
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The Project area is located within District 1 of the Weld County Sheriffs Department and is within the
jurisdiction of the Eaton Fire Protection District. Public roads are maintained by the Weld County
Department of Public Works. The nearest hospital is the North Colorado Medical Center, located in
Greeley. None of these services is expected to be affected, unless emergency situations occur.
The proposed Project would not have any adverse effects on physical or socioeconomic development
of the area, and the Project would not cause any residents or businesses to be displaced.
Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general meteorological
and climatological conditions which would unreasonably interfere with or obstruct normal operations
and maintenance.
The proposed site was selected because it does not affect the meteorological and climatological
condition.
Section 21 -3 -340.A.9 --The nature and location of the facility or expansion will not adversely affect the
water rights of any upstream, downstream or agricultural users, adjacent communities or other water
users.
The application states that the project will not impact hydrologic flow of either surface of either surface
water or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be
preserved. Permanent facilities would not be located in stream channels, appropriately sized culverts
will be installed to maintain channel flow and morphology.
Section 21 -3 -340.A.10 --Adequate water supplies are available for facility needs.
Bottled water will be used during construction of the transmission line.
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights -of -way, other utilities, canals, mineral claims or roads.
The applicants have negotiated land lease and easement agreements with property owners within the
transmission line corridor. If any remaining agreements are required, these agreements will be
obtained once the Weld County permitting processes are complete.
Section 21 -3 -340.A.12 --Adequate electric, gas, telephone, water, sewage and other utilities exist or
shall be developed to service the site.
This is an unmanned facility consisting of one 115kV transmission line, therefore utility services are
not required post construction. This is an adequate level of electric, gas, telephone, water, sewage
and other utilities in the area.
Section 21 -3 -340.A.13 -The nature and location for expansion of the facility will not unduly interfere
with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural
resource or historic landmark within the impact area.
The Colorado Division of Parks and Wildlife and the State Historical Society did not return a referral
response. The vicinity of the Project site is characterized by agricultural uses, primarily farming and
ranching. The surrounding vegetation communities can be characterized as disturbed grassland.
Permanent removal of vegetation would occur at structure sites. Construction would occur in an area
that has been previously disturbed, and impacts to native vegetation communities are expected to be
minimal. Access would incorporate the use of existing access drives as well as overland in nature and
minimal vegetation would be disturbed.
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PUBLIC SERVICE COMPANY OF COLORADO
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The Cache La Poudre River and Eaton Draw are located west of the Monfort Substation in Section 32
and outside of the Project area. There is floodplain located within the Project area, south of the
substation, associated to the Cache La Poudre River and Eaton Draw. PSCo will work with Public
Works to obtain a Flood Hazard Development Permit if required. Neither wetlands nor wetland
vegetation was observed in association with the floodplain.
Impacts to wetlands and water resources would not occur from the Project. The Project would not
impact hydrologic flow of surface water or groundwater, nor would it affect groundwater recharge.
Given the established use of the site and the surrounding agricultural use, the area is unlikely to
support quality habitat for many species. Common wildlife such as coyote, fox, skunk, rabbits, and
various birds are likely to be present in the area and are expected to occasionally pass through the
site, but the site is not likely to support nesting or denning habitat for most species. Only minimal
impacts to wildlife are expected to occur, and these would likely be limited to temporary disturbance
from construction activities. Mark Leslie, Area Wildlife Manager with Colorado Parks and Wildlife, had
a chance to review the details of the project early on. Afterwards Mark stated "at this time we don't
have any serious issues with the transmission line but it will depend on the exact alignment that is
chosen and the timing of the year so as to avoid issues with ground nesting birds and nesting/roosting
raptors." He will provide further review of the application when it's sent to him during the referral
period.
To preclude avian electrocutions and minimize collision risk, PSCo would incorporate its Avian
Protection Plan (APP) standards developed in part by using the Avian Power Line Interaction
Committee's Suggested Practices for Avian Protection on Power Lines (APLIC 2006).
PSCo performed a Class I archaeological database search of the Project area. Only two previously
recorded sites were found within the Project area. One site is located north of the Lucerne gas plant
and the other is south of the Monfort Substation. Both are located outside any of the alternative routes
and would not be impacted by the Project. Contact with Dan Corson at the Colorado Office of
Archaeology & Historic Preservation was made to discuss the project. Mr. Corson had no issues with
the project as long as the file search was completed and incorporated into the land use application.
Section 21-3-340.A.14 — The nature and location or expansion of the facility, including expected
growth and development related to the operation and provision of service, will not significantly
deteriorate water or air quality in the impact area.
Construction would last approximately three months. Construction activities associated with the
proposed transmission line would generate less than significant amounts of particulate matter from
soil disturbances and diesel -powered equipment, and less than significant amounts of carbon
monoxide and the precursor pollutants to ozone formation from tailpipe emissions. Any air pollutants
generated would be widely dispersed across the Project area, short term in duration, and minimized
by the small scale of construction operations for excavating foundations and placing single pole
transmission structures. Air pollutants also would be minimized through implementation of dust
suppression and proper vehicle maintenance. Therefore, Project construction is not expected to
contribute to the air quality status in the area. There would be no long-term air quality effects
associated with routine operation and maintenance of the proposed transmission line. Once
construction activities have been completed, but before vegetation has been re-established, some
minor amount of additional dust could occur. The generation of dust would be monitored by PSCo,
and the appropriate action would be taken to control the dust and ensure that potential wind erosion is
minimized.
Weld County is an attainment area for all measured pollutants, including particulate matter smaller
than 10 micrometers in diameter (PM10). The proposed Project is an overhead electric transmission
line. No air emissions would result from operation of the transmission line.
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PUBLIC SERVICE COMPANY OF COLORADO
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There would be no direct impacts to water quality associated with regular operation or maintenance of
the transmission line. The Project would not create runoff in excess of historic levels and would not
change existing topography or adversely affect drainage. There would be no alteration in the pattern
or intensity of surface drainage as a result of construction or operation of the transmission line. It is
important to state that a few transmission structures just outside the Monfort Substation will be
situated within the boundaries of a 100- year or 500 -year floodplain (Firm Community Panel Map No.
080266 0628C dated September 28, 1982). PSCo will work with the County Floodplain Administrator
on the required plans and permits. A portion of the Project site is located within the Airport Critical
Flight Zone within the Airport Overlay District. However, there are no Code of Federal Regulations
Part 77 restrictions (objects affecting navigable airspace) within the Project area. The Project would
not affect navigable airspace. During the siting of the Project, Greeley -Weld County Airport Manager
Gary Cyr had a chance to review the transmission line route alternatives. After review, Gary stated
that he didn't see any issue with impacts to the Greeley -Weld County Airport and to please move
forward with the project.
Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all
construction, clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion.
The vicinity of the Project site is characterized by agricultural uses, primarily production agriculture,
farming and ranching. The surrounding vegetation communities can be characterized as disturbed
grassland. The geological and topographic features will be adequate for the transmission line corridor
as the transmission corridor is relatively flat with slopes of 0-9% across the project site. Permanent
removal of vegetation and agricultural crops would occur at structure sites. Construction would occur
in an area that has been previously disturbed, and impacts to native vegetation communities are
expected to be minimal.
Section 21-3-340.A.16 — The existing water quality of affected state waters will not be degraded below
state and federal standards or established baseline levels.
There would be no direct impacts to water quality associated with the regular operation or
maintenance of the transmission line. The existing water quality of affected state waters will not be
degraded below state and federal standards or established baseline levels by the project.
Section 21-3-340.A.17 — The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability,
volume, recharge capability and depth of aquifers in the impact area.
According to the application, construction and maintenance of the transmission line would not
measurably impact surface water or groundwater quality. Additionally, there would be no long-term
impacts to surface water or groundwater hydrology as a result of construction or operation of the
transmission line. The Project would not impact hydrologic flow of either surface water or groundwater,
nor would it affect groundwater recharge.
Further, subsurface drainage would not be impacted by the proposed transmission line. There would
be no direct impacts to water quality associated with regular operation or maintenance of the
transmission line. Project construction would not create runoff in excess of previous site levels and
would not change existing topography or adversely affect drainage. There would be no alteration in
the pattern or intensity of surface drainage as a result of construction or operation of the transmission
line facility. Therefore, a Drainage Report is not required. A range of measures ensuring the Project
does not impact water quality is will be implemented prior to construction, including a Storm Water
Permit for Construction Activities would be acquired from the Colorado Department of Public Health
and Environment.
Section 21-3-340.A.18 — The benefits of the proposed developments outweigh the losses of any
natural resources or reduction of productivity of agricultural lands as a result of the proposed
development.
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PUBLIC SERVICE COMPANY OF COLORADO
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The majority of the site consists of agricultural uses, primarily production agriculture, farming and
ranching. The facility will have limited impact on agricultural lands within the transmission line
corridor project site and minimal impact on future land use. Permanent facilities upon completion will
only cover approximately 23 acres.
Section 21-3-340.A.19 - The applicant has obtained or will obtain all property rights, permits and
approvals necessary for the proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary
property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned
upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the
County.
The application indicates that individual land lease agreements have been obtained between PSCo
and the affected property owners. The applicant has obtained or will obtain all property rights, permits
and approvals necessary for the proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access, et cetera, with approval by the Board of County
Commissioners.
Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will not present an unreasonable
risk of exposure to or release of toxic or hazardous substances within the impact area. The
determination of effects of the project shall include the following considerations:
a. The means by which outdoor storage facilities for fuel, raw materials, equipment and related
items are adequately enclosed by a fence or wall.
b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or
forces.
c. Containment of inflammable or explosive liquids, solids or gases.
The proposed project will not present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area. There are no fuel facilities, raw materials, wastes,
inflammable orexplosiveliquids, solids, or gases located along the transmission line alignment, or on
any site associated with this proposal. The Health Department is requiring that a waste handling
plan be submitted as a condition of approval.
Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily
duplicate existing services within the County.
The scope and nature of the proposed project will not unnecessarily duplicate existing services within
the county. The proposed transmission line will address a specific demand for electricity for DCP
Midstream's Lucerne Gas Plant and enable this facility to meet its long term air attainment
requirements.
Section 21-3-340.A.22 — If the purpose and need for the proposed project are to meet the needs of an
increasing population within the County, the area and community development plans and population
trends demonstrate clearly a need for such development.
The purpose of the 115kV transmission line is to provide the DCP Lucerne Gas Plant with electric
service that is reliable and operates efficiently while helping to ensure an adequate and dependable
supply of electrical power to meet the needs of for future development. Further, the City of Greeley in
their referral dated May 22, 2013 noted that the preferred route proposed is entirely contained within
the Long Range Expected Growth Area [LREGA] of the City of Greeley which the City expects to grow
over the next twenty plus years. The extension of utility infrastructure makes future development of
this area more likely.
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PUBLIC SERVICE COMPANY OF COLORADO
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The Project is proposed in response to DCP Midstream's need for additional energy resources to
meet their electric service demands at the Lucerne Gas Plant. Public Service Company of Colorado
(PSCo), an Xcel Energy Company, proposes to construct a new 115 -kilovolt (kV) electric
transmission line in unincorporated Weld County, Colorado. PSCo is requesting approval of the
preferred route for the proposed DCP Lucerne 115 -kV Transmission Line Project (Project). The
purpose of this project is to serve the electrical needs of DCP. DCP is a business that's in the
midstream segment of the natural gas industry. As part of its business, DCP gathers natural gas from
wellheads, performs gas processing, and transmits final products to customers via pipelines. In Weld
County, DCP operates an extensive network of gathering pipelines as well as seven gas
producing plants. The area has recently seen rapid expansion as new drilling technologies are
allowing more oil and gas to be produced. As a result, gas gathering and processing capacity needs
to be expanded in order to meet the growing production.
To meet these needs, DCP is proposing to expand their existing Lucerne gas compressing plant,
which will include the construction of a new transformer station to facilitate the required electricity for
the expansion. In order to satisfy the electric power requirements, DCP has requested that PSCo
construct a radial 115 -kV transmission line from the existing PSCo Monfort Substation to DCP's
new on site transformer station which will be located adjacent to the expanded Lucerne gas
compressing plant.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning
Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be
protected and to mitigate or minimize any potential adverse impacts from the proposed facility.
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works as stated in
their referral dated June 3, 2013. (Department of Planning Services)
B. A copy of the signed and recorded (construction and post -construction) lease agreements
(or other acceptable authorization from property owners) shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. A copy of signed and recorded ditch crossing agreements (or other acceptable authorization)
from ditch rights -of -way crossed by the pipeline shall be provided to the Department of
Planning Services. (Department of Planning Services)
D. A copy of signed and recorded Public Service of Colorado, Xcel Energy agreements (or other
acceptable authorization) from Public Service of Colorado, Xcel Energy rights -of -way crossed
by the pipeline shall be provided to the Department of Planning Services. (Department of
Planning Services)
E. The applicant shall contact the Colorado Department of Transportation [CDOT], Utilities
Division, to obtain the appropriate permits for the crossing or entering of CDOT right-of-way.
(CDOT)
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0032. (Department of Planning
Services)
2. The plat shall be prepared in accordance with Section 23-2-260.D and 23-2-390 of
the Weld County Code. (Department of Planning Services)
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PUBLIC SERVICE COMPANY OF COLORADO
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3. The attached Development Standards. (Department of Planning Services)
4. The final location of the permanent 75 foot transmission line easement with
dimension of permanent right-of-way, property ownership, parcel number, all
easements of record, and all physical encumbrances. (Department of Planning
Services)
5. The applicant shall indicate specifically on the plat the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
to the parcel. Road right of way shall also be indicated on the plat. (Department of
Public Works)
6. The location of FEMA's flood plain boundaries. (Department of Public Works)
7. North 1st Street, North First Avenue, and Balsam Avenue are designated on the
Weld County Road Classification Plan as local roads, which require 60 feet of right-
of-way at full build out. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be noted on the plat.
All setbacks shall be measured from the edge of future right-of-way. If the right-of-
way cannot be verified, it shall be dedicated. These roads are maintained by Weld
County. (Department of Public Works)
8. County Road 64 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 40feet shall be delineated on the plat
as future County Road 64 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall be noted on the
plat. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
9. The City of Greeley 2035 Comprehensive Transportation Plan states that 1st Avenue
(CR 41), Balsam Avenue, and "O" Street (CR 64) will ultimately be two lane collector
roadways with a right-of-way width of 90 feet. The location of the overhead power
line shall be situated outside of the future roadway right-of-way.
3. One month prior to construction activities:
A. Contact the Permitting/Inspection agent for Weld County Public Works, for a Right -of -Way
permit for any work that may be required in the right-of-way. A special transport permit will be
required for any oversized or overweight vehicles that may access the site and may also be
obtained through the same office. (Department of Public Works)
B. A vehicle tracking pad will be required at all crossings to keep from tracking mud or debris on
to Weld County roads. (Department of Public Works)
4. The applicant shall submit three (3) paper copies or one (1) electronic (.pdf) copy of the plat for
preliminary approval to the Weld County Department of Planning Services. (Department of Planning
Services)
5. Upon completion of Conditions of Approval numbers 1, 2 and 3, above the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-390 of the
Weld County Code. The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Planning Commissioners resolution. The applicant
shall be responsible for paying the recording fee. (Department of Planning Services)
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PUBLIC SERVICE COMPANY OF COLORADO
PAGE 10
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date the application was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
7. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsCcr�co.weld.co.us. (Department of Planning Services)
8. The Use by Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Jason Maxey.
VOTE:
For Passage
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
Bret Elliott
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 November 5, 2013.
Dated the 5th of November, 2013.
Digitally signed by Kristine
, tom yiteztukt.Ranslem
Date: 2013.11.08 15:15:22 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Public Service Company of Colorado
USR13-0032
1 A Site Specific Development Plan and Special Review Permit, USR13-0032, for a Major Facility of a
Public Utility (one (1) 115kV Transmission line extending approximately 2.5 miles) in the A
(Agricultural), R-1 (Low Density Residential), and 1-3 (Industrial) Zone Districts, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. A vehicle tracking pad will be required at all crossings to keep from tracking mud or debris on to Weld
County roads. (Department of Public Works)
4 There shall be no parking or staging on Weld County Roads. Utilize your private easements or rights -
of -way. (Department of Public Works)
5. The contractor will utilize an existing contractor yard at the Monfort/Lucerne sites for its base of
operations with no new proposed staging or lay -down yards. A 75 foot private easement will be used
for the transmission line. (Department of Public Works)
6. A Right -of -Way Permit will be required at each County Road crossing, along with approved
signing details. Work with the Weld County Public Works Utility Coordinator. (Department of
Public Works)
7. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code. (Department of Public Works)
8. All parking and vehicle storage shall be provided on site; parking shall not be permitted within any
public right-of-way. (Department of Public Works)
9. The Monfort substation is in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA). A Flood Hazard Development Permit (FHDP) will be
required for any structures or proposed work within a floodplain. This floodplain area is in a special
MS4 drainage area and will require a higher level of best management practices (BMP's).
(Department of Public Works)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
13. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. The
facility shall operate in accordance with the approved "dust abatement plan", at all times.
(Department of Public Health and Environment)
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 12
14. Adequate toilet facilities (portable toilets) and handwashing units shall be provided during construction
of the project. (Department of Public Health and Environment)
15. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
16. Environmental Protection Measures for Construction Projects, as identified in Appendix B of the
application, shall be adhered to. (Department of Public Health and Environment)
17. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
18. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
20. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program. (Ordinance 2011-2). (Department of Planning Services)
21. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Program. (Ordinance 2011-2) (Department of Planning
Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
24, Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 13
27. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
Per1LLtes /5-i3
The Chair asked staff to explain noise restrictions. Ms. Evett said that the applicants will need to meet
the commercial and residential levels which are 55 decibels during the day.
The Chair clarified if the applicant is required to submit a lighting plan. Ms. Aungst said that it is required;
however they haven't received a plan yet.
Commissioner Maxey stated that he feels that a traffic study is warranted.
Motion: Add Condition of Approval 1.F that requires a traffic study be provided, Moved by Jason Maxey,
Seconded by Jordan Jemiola. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0044 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola. Motion died due to lack of second motion.
Motion: Forward Case USR13-0044 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial,
Moved by Jason Maxey, Seconded by Nick Berryman.
Commissioner Maxey commented that he feels this request is industrial in natural and that it is
incompatible with surrounding land uses. He cited Section 23-2-220.A.3 regarding compatibility.
Commissioner Sparrow commented that he feels the landowners have the right to do what they want with
their property; however he believes that in this case the neighbors lose part of their property rights by this
proposal.
Commissioner Wailes concurred with Mr. Maxey and Mr. Sparrow and added that he supports private
property rights. He doesn't believe that they would be able to mitigate enough of the factors that are
causing a problem for a worthwhile enterprise for the applicants.
Commissioner Jemiola said that he doesn't believe that you have a right to a "view" and that traffic
concerns could be mitigated with a traffic study.
Commissioner Smock cited Section 22-2-90 regarding compatibility and feels that the applicant is sincere
with his desire to do what is correct. She believes that compatibility is the issue and it is not compatible
with the surrounding area.
Commissioner Berryman agreed with Mr. Maxey and cited Section 23-2-220.A.3 regarding compatibility
with surrounding land uses. He believes this is a rural agricultural area. He believes this business would
be better located closer to a well -traveled paved road and an existing commercial or industrial zoned
property.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Michael Wailes, Nick Berryman.
No: Jordan Jemiola, Mark Lawley.
CASE NUMBER: USR13-0032
APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV
TRANSMISSION EXTENDING APPROXIMATELY 2.5 MILES) IN THE A
(AGRICULTURAL), R-1 (LOW DENSITY RESIDENTAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS
LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
LOCATION:
MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES WEST ALONG
THE S2 OF SECTION 33 AND TERMINATES AT THE LUCERNE GAS PLANT
EXPANSION IN THE S2 OF SECTION 32, T6N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO
GENERALLY LOCATED NORTH OF EAST C STREET; 0.5 MILES WEST OF
CR 43; SOUTH OF CR 64.5; EAST OF NORTH 6TH AVENUE.
Kim Ogle, Planning Services, presented Case USR13-0032, reading the recommendation and comments
into the record. Mr. Ogle noted that the Planning Commission heard this case on September 17, 2013
and recommended approval. The case moved forward to the Board of County Commissioners and on
October 2nd it was referred back to the Department of Planning Services to allow the applicant additional
time for further review of the various route options and to determine potential compensation for impacted
landowners. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Derek Holscher, Public Service Company of Colorado, 1800 Larimer Street, Suite 400, Denver Colorado,
stated that this is a 2.5 mile transmission line to serve the needs of the DCP plant expansion. At the
August 6th Planning Commission meeting there was a concern by landowners regarding the preferred
route. Therefore they requested a continuance and met with the landowners and then amended the
preferred alignment. This alignment was then presented at the September 17th Planning Commission and
was recommended for approval. At the October 2nd Board of County Commissioner hearing, the
surrounding land owners had further concerns and it was referred back to the Planning Commission.
Since that hearing Public Service Company of Colorado and DCP have worked with the landowners to
resolve all issues. At this time after review of several different routes and public outreach they believe
that this is the best and preferred route (Route A) and the landowners have agreed as well.
Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado, stated that this transmission line is intended
to provide power to the DCP Lucerne Expansion Plan; however inheritantly landowners were affected.
As a result DCP worked with the affected landowners and they believe that they have reached
agreements in principle with all of the landowners to address their concerns. Mr. Groom added Mr.
Hoshiko still has some details that need to be worked out, such as the exact width of the easement and
placement of the transmission poles; however they believe these issues will be resolved before the Board
of County Commissioner hearing. All of the other concerns presented by Mr. Hoshiko have been
addressed and they believe that the affected landowners support this preferred route. Mr. Groom said
that they intend to have signed letter agreements prior to the Board of County Commissioner hearing.
Commissioner Maxey said that from the Planning Commission continuation he believed that Public
Service mitigated the main concern of the landowners in which the proposed route cut their farms in half
and eliminated the possibility of center pivot irrigation. He added that he is struggling to see what more
they can do now. He understands the on -going negotiations but the route is the same and they can't pay
the price until it is approved.
Brad Yatabe, County Attorney, clarified that there was a lot of question at the Board of County
Commissioner hearing as to the route and potential alternatives to that and that is why it came back to the
Planning Commission.
Mr. Groom said the landowners are in favor of this route and added that there are minor details that still
need to be resolved such as how many poles there will be and maintenance around the poles. He said
that the main concern of overall compensation has been negotiated and agreed upon by the landowners.
Mr. Groom added that after the Board of County Commissioner hearing Public Service and DCP did
review alternate routes and they remain convinced that this preferred route has the least impact and the
most efficient route.
8
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER: ORDINANCE 2013-11
PRESENTED BY: BOB CHOATE
REQUEST: WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN
RESOURCES, CHAPTER 6 LAW ENFORCEMENT, CHAPTER 12 LICENSES
AND PERMITS, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
Bob Choate, County Attorney, introduced Ordinance 2013-11. Mr. Choate presented the proposed code
changes to Chapter 23 relating to marijuana and the legalization of it in Colorado and how Weld County is
responding to it.
Mr. Jemiola asked if this includes hemp. Mr. Choate said it does not. The changes to Chapter 23 include
recreational marijuana into the definitions.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2013-11 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER: ORDINANCE 2013-10
PRESENTED BY: BRAD YATABE
REQUEST: WELD COUNTY CODE ORDINANCE #2013-10, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, AND CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE.
Brad Yatabe, County Attorney, introduced Ordinance 2013-10. Mr. Yatabe presented the proposed code
changes to Chapter 8, Public Works and Chapter 23, Zoning of the Weld County Code.
Mr. Yatabe said that this is the floodplain management ordinance that is currently contained in Chapter 23
and is proposed to move to Chapter 8. There are 2 issues that promoted this change: 1) the Colorado
Water Conservation Board is the apparatus that oversees FEMA guidelines within Colorado and they
have changed some rules around and we are being mandated to have these rules in effect by January
14, 2014. In order to qualify for National Flood Insurance Program, each locality needs to have a
floodplain manager and they need to meet at least the baseline FEMA standards. He added that at a
county level if we want our county citizens eligible for flood insurance and disaster funds through FEMA
we need to have a floodplain administrator and have these in effect. The second prompting of this
change is due to the recent floods. This was presented at a 1st reading with the BOCC because there are
citizens looking to rebuild and we want them to do that with the most up to date standards. He added that
the 2nd reading has been continued twice to allow for further consideration by the Board of County
Commissioners. There is some debate on whether these should remain under Chapter 23 or if they
should move over to Chapter 8 Public Works.
9
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS
Moved by Bret Elliott, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0032
13-0032
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV TRANSMISSION
EXTENDING APPROXIMATELY 2.5 MILES) IN THE A (AGRICULTURAL), R-1
(LOW DENSITY RESIDENTAL) AND 1-3 (INDUSTRIAL) ZONE DISTRICTS
THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES WEST ALONG THE
S2 OF SECTION 33 AND TERMINATES AT THE LUCERNE GAS PLANT
EXPANSION IN THE S2 OF SECTION 32, T6N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO
GENERALLY LOCATED NORTH OF EAST C STREET: 0.5 MILES WEST OF CR
43; SOUTH OF CR 64.5; EAST OF NORTH 6TH AVENUE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld
County Code
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21-
3-340. A of the Weld County Code, as follows:
Section 21-3-340.41 — The health, welfare and safety of the citizens of the County will be protected
and served.
The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
Section 21 -3 -340.A.2 -The natural and socio-economic environment of the County will be protected and
enhanced.
There are no significant prevalent natural hazards in the area that will affect, or be affected by, the
project. Historically the area has been dominated by irrigated agricultural uses.
Section 21-3-340.A.3 -- All reasonable alternatives to the proposed action, including use of existing
rights -of -way and joint use of rights -of -way wherever uses are compatible, have been adequately
assessed and the proposed action is compatible with and represents the best interests of the people of
the County and represents a fair and reasonable utilization of resources in the impact area.
Three transmission line corridor alternatives were evaluated to address the need of the Project.
Alternative 1 Taking no action would result in no power delivery to the proposed substation at the
Lucerne gas compressing plant expansion. Without the proposed substation, power for the Project
would need to be supplied by generators. In order to run the generators, DCP would need to include
the emissions from the generators into the air quality permit. Due to the Denver metro airshed not
meeting EPA mandated standards for air pollution, the additional emissions from the generators would
make an emissions permit difficult and time consuming to obtain. The No Action Alternative does not
meet the need of the Project.
Alternative 2. Supply power to the proposed substation at the Lucerne gas compressing plant
expansion through the existing PSCo 44 -kV transmission line; engineering review confirmed that
elements on the system are loaded to near their thermal rating limits. It was also determined that
no available room for load growth exists on the 44 -kV system without significant reinforcements.
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 2
Alternative 3. Construct a new transmission line connection from the Monfort Substation to the
proposed substation at the Lucerne gas compressing plant. The construction of the new line
provides a cost-effective, secure, and reliable source of power for the proposed Lucerne gas
compressing plant expansion.
The applicants sought public input, on October 26, 2012, PSCo mailed a letter to all landowners
within the study area explaining the Project and the purpose that it would serve. The letter identified
the Monfort Substation, the DCP Lucerne gas compressing plant, and explained that the proposed
transmission line must connect the two. Recipients were provided with contact information and were
invited to call PSCo with comments or questions about the Project, as well as input regarding
potential routes for the transmission line. PSCo staff spoke with each individual who called.
Due to the minimal response from the public, PSCo went ahead and identified three route
alternatives. A follow-up letter was mailed to all the landowners within the study area on December 7,
2012 informing them of the selection of three route alternatives. The letter included a map depicting
the three alternatives and asked the public to provide their input by either calling or emailing PSCo
directly or using a self addressed, stamped envelope that was provided.
PSCo also held a public open house meeting at the Rodarte Community Center on Wednesday
March 13, 2013 from 4-6pm. At the meeting graphic materials and other information were on display
and the public was asked to provide their input. PSCo staff was also available to answer any
questions. Most of the questions from the public were around the location of the transmission line
and if the project could be constructed and operated in a way so that current agricultural operations
were not significantly impacted.
As the preferred route was identified, PSCo staff reached out individually to the landowners whose
property would be impacted by that route. PSCo continues to work with those landowners to
minimize and mitigate impacts to their properties.
The new 2.5 -mile transmission line would consist of approximately 25-28 structures. The structures
would be single pole steel structures spaced approximately 400-550 feet apart. The transmission line
would have three conductors and an overhead optical ground wire for internal PSCo
communications. Transmission poles would be directly embedded in soil, except at changes in
direction of the line. At these locations, the poles would be installed on reinforced concrete
foundations, approximately 5-7 feet in diameter and 20-30 feet deep.
There are no socio-economic constraints associated with the project.
Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been
presented.
The Colorado Division of Parks and Wildlife and the State Historical Society did not return a referral
response. The vicinity of the Project site is characterized by agricultural uses, primarily farming and
ranching. The surrounding vegetation communities can be characterized as disturbed grassland.
Permanent removal of vegetation would occur at structure sites. Construction would occur in an
area that has been previously disturbed, and impacts to native vegetation communities are expected
to be minimal. Access would incorporate the use of existing access drives as well as overland in
nature and minimal vegetation would be disturbed.
The Cache La Poudre River and Eaton Draw are located west of the Monfort Substation in Section
32 and outside of the Project area. There is floodplain located within the Project area, south of the
substation, associated to the Cache La Poudre River and Eaton Draw. PSCo will work with Public
Works to obtain a Flood Hazard Development Permit if required. Neither wetlands nor wetland
vegetation was observed in association with the floodplain.
Impacts to wetlands and water resources would not occur from the Project. The Project would not
impact hydrologic flow of surface water or groundwater, nor would it affect groundwater recharge.
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 3
Given the established use of the site and the surrounding agricultural use, the area is unlikely to
support quality habitat for many species. Common wildlife such as coyote, fox, skunk, rabbits, and
various birds are likely to be present in the area and are expected to occasionally pass through the
site, but the site is not likely to support nesting or denning habitat for most species. Only minimal
impacts to wildlife are expected to occur, and these would likely be limited to temporary
disturbance from construction activities. Mark Leslie, Area Wildlife Manager with Colorado Parks
and Wildlife, had a chance to review the details of the project early on. Afterwards Mark stated "at
this time we don't have any serious issues with the transmission line but it will depend on the exact
alignment that is chosen and the timing of the year so as to avoid issues with ground nesting birds
and nesting/roosting raptors." He will provide further review of the application when it's sent to him
during the referral period.
To preclude avian electrocutions and minimize collision risk, PSCo would incorporate its Avian
Protection Plan (APP) standards developed in part by using the Avian Power Line Interaction
Committee's Suggested Practices for Avian Protection on Power Lines (APLIC 2006).
Section 21-3-340.A. 5 --The nature and location or expansion of the facility complies with all applicable
provisions of the master plan of this County, and other applicable regional, metropolitan, state and
national plans.
The transmission line will be located within the 3 -mile referral area of the City of Greeley which
returned a referral response dated May 22, 2013 noting that the route proposed is entirely contained
within the Long Range Expected Growth Area [LREGA] of the City of Greeley. This is the area within
which the City expects to grow over the next twenty plus years. This particular area within the LREGA
is considered an Industrial Employment area within the City's Land Use Guidance Map. The
extension of utility infrastructure makes future development of this area more likely, and where
possible the City requires undergrounding of new utilities. Finally, per the City of Greeley 2035
Comprehensive Plan, "C" Street (County Road 62) will ultimately be a collector roadway with a right-
of-way width of ninety (90) feet. If alignment "Route C" is pursued, then the location of the electric line
shall be located outside of the future road right-of-way, and if alignment "Route B" is pursued, the City
code requires street trees along right-of-way which generally conflict with overhead power lines. The
proposed route, Route B, will reduce utility conflicts in the future as this area urbanizes. Route A or
the preferred route
Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services.
The applicant indicates that they will work with Public Works to ensure there are no adverse effects on
county roads. PSCo would work with the Weld County Public Works Department to determine the
appropriate construction method to access the construction area. All mobile construction equipment
would be certified to operate on Interstate highways. There may be short periods of time when traffic
would be halted on North First Avenue to allow construction vehicles to enter and exit the construction
area.
Approximately 30 construction workers would be employed during the course of the approximately 3 -
month construction period. The maximum number of construction workers at any one time would be
approximately 15 workers. Given the short construction schedule, the site will not generate significant
demands on community services such as the school district.
Section 21-3-340.A. 7 --The nature and location or expansion of the facility will not create an expansion
of the demand for government services beyond the reasonable capacity of the community or region to
provide such services, as determined by the Board of County Commissioners.
It is anticipated that the Project would have a small beneficial impact to the local economy.
Construction contractors, regardless of origin, would likely spend money in the City of Greeley for fuel,
food, or other supplies. During the construction period, the local economy may see a small influx of
dollars and a small increase in sales tax revenue. The footprints of the proposed structures would be
the only land removed from current use. Land between the transmission structures would remain
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 4
available for farming, grazing, or other operations that do not interfere with safe and reliable operation
of the transmission line.
The Project area is located within District 1 of the Weld County Sheriffs Department and is within the
jurisdiction of the Eaton Fire Protection District. Public roads are maintained by the Weld County
Department of Public Works. The nearest hospital is the North Colorado Medical Center, located in
Greeley. None of these services is expected to be affected, unless emergency situations occur.
The proposed Project would not have any adverse effects on physical or socioeconomic development
of the area, and the Project would not cause any residents or businesses to be displaced.
Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general meteorological
and climatological conditions which would unreasonably interfere with or obstruct normal operations
and maintenance.
The proposed site was selected because it does not affect the meteorological and climatological
condition.
Section 21-3-340.A. 9 --The nature and location of the facility or expansion will not adversely affect the
water rights of any upstream, downstream or agricultural users, adjacent communities or other water
users.
The application states that the project will not impact hydrologic flow of either surface of either surface
water or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be
preserved. Permanent facilities would not be located in stream channels, appropriately sized culverts
will be installed to maintain channel flow and morphology.
Section 21 -3 -340.A.10 --Adequate water supplies are available for facility needs.
Bottled water will be used during construction of the transmission line.
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere
with existing easements, rights -of -way, other utilities, canals, mineral claims or roads.
The applicants have negotiated land lease and easement agreements with property owners within the
transmission line corridor. Remaining agreements will be obtained once the Weld County permitting
processes are complete.
Section 21 -3 -340.A.12 --Adequate electric, gas, telephone, water, sewage and other utilities exist or
shall be developed to service the site.
This is an unmanned facility consisting of one 115kV transmission line, therefore utility services are
not required post construction. This is an adequate level of electric, gas, telephone, water, sewage
and other utilities in the area.
Section 21 -3 -340.A.13 -The nature and location for expansion of the facility will not unduly interfere
with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural
resource or historic landmark within the impact area.
The Colorado Division of Parks and Wildlife and the State Historical Society did not return a referral
response. The vicinity of the Project site is characterized by agricultural uses, primarily farming and
ranching. The surrounding vegetation communities can be characterized as disturbed grassland.
Permanent removal of vegetation would occur at structure sites. Construction would occur in an area
that has been previously disturbed, and impacts to native vegetation communities are expected to be
minimal. Access would incorporate the use of existing access drives as well as overland in nature and
minimal vegetation would be disturbed.
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
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The Cache La Poudre River and Eaton Draw are located west of the Monfort Substation in Section 32
and outside of the Project area. There is floodplain located within the Project area, south of the
substation, associated to the Cache La Poudre River and Eaton Draw. PSCo will work with Public
Works to obtain a Flood Hazard Development Permit if required. Neither wetlands nor wetland
vegetation was observed in association with the floodplain.
Impacts to wetlands and water resources would not occur from the Project. The Project would not
impact hydrologic flow of surface water or groundwater, nor would it affect groundwater recharge.
Given the established use of the site and the surrounding agricultural use, the area is unlikely to
support quality habitat for many species. Common wildlife such as coyote, fox, skunk, rabbits, and
various birds are likely to be present in the area and are expected to occasionally pass through the
site, but the site is not likely to support nesting or denning habitat for most species. Only minimal
impacts to wildlife are expected to occur, and these would likely be limited to temporary disturbance
from construction activities. Mark Leslie, Area Wildlife Manager with Colorado Parks and Wildlife, had
a chance to review the details of the project early on. Afterwards Mark stated "at this time we don't
have any serious issues with the transmission line but it will depend on the exact alignment that is
chosen and the timing of the year so as to avoid issues with ground nesting birds and nesting/roosting
raptors." He will provide further review of the application when it's sent to him during the referral
period.
To preclude avian electrocutions and minimize collision risk, PSCo would incorporate its Avian
Protection Plan (APP) standards developed in part by using the Avian Power Line Interaction
Committee's Suggested Practices for Avian Protection on Power Lines (APLIC 2006).
PSCo performed a Class I archaeological database search of the Project area. Only two previously
recorded sites were found within the Project area. One site is located north of the Lucerne gas plant
and the other is south of the Monfort Substation. Both are located outside any of the alternative routes
and would not be impacted by the Project. Contact with Dan Corson at the Colorado Office of
Archaeology & Historic Preservation was made to discuss the project. Mr. Corson had no issues with
the project as long as the file search was completed and incorporated into the land use application.
Section 21-3-340.A.14 — The nature and location or expansion of the facility, including expected
growth and development related to the operation and provision of service, will not significantly
deteriorate water or air quality in the impact area.
Construction would last approximately three months. Construction activities associated with the
proposed transmission line would generate less than significant amounts of particulate matter from
soil disturbances and diesel -powered equipment, and less than significant amounts of carbon
monoxide and the precursor pollutants to ozone formation from tailpipe emissions. Any air pollutants
generated would be widely dispersed across the Project area, short term in duration, and minimized
by the small scale of construction operations for excavating foundations and placing single pole
transmission structures. Air pollutants also would be minimized through implementation of dust
suppression and proper vehicle maintenance. Therefore, Project construction is not expected to
contribute to the air quality status in the area. There would be no long-term air quality effects
associated with routine operation and maintenance of the proposed transmission line. Once
construction activities have been completed, but before vegetation has been re-established, some
minor amount of additional dust could occur. The generation of dust would be monitored by PSCo,
and the appropriate action would be taken to control the dust and ensure that potential wind erosion is
minimized.
Weld County is an attainment area for all measured pollutants, including particulate matter smaller
than 10 micrometers in diameter (PM 10). The proposed Project is an overhead electric transmission
line. No air emissions would result from operation of the transmission line.
There would be no direct impacts to water quality associated with regular operation or maintenance of
the transmission line. The Project would not create runoff in excess of historic levels and would not
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 6
change existing topography or adversely affect drainage. There would be no alteration in the pattern
or intensity of surface drainage as a result of construction or operation of the transmission line. It is
important to state that a few transmission structures just outside the Monfort Substation will be
situated within the boundaries of a 100- year or 500 -year floodplain (Firm Community Panel Map No.
080266 0628C dated September 28, 1982). PSCo will work with the County Floodplain Administrator
on the required plans and permits. A portion of the Project site is located within the Airport Critical
Flight Zone within the Airport Overlay District. However, there are no Code of Federal Regulations
Part 77 restrictions (objects affecting navigable airspace) within the Project area. The Project would
not affect navigable airspace. During the siting of the Project, Greeley -Weld County Airport Manager
Gary Cyr had a chance to review the transmission line route alternatives. After review, Gary stated
that he didn't see any issue with impacts to the Greeley -Weld County Airport and to please move
forward with the project.
Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all
construction, clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion.
The vicinity of the Project site is characterized by agricultural uses, primarily production agriculture,
farming and ranching. The surrounding vegetation communities can be characterized as disturbed
grassland. The geological and topographic features will be adequate for the transmission line corridor
as the transmission corridor is relatively flat with slopes of 0-9% across the project site. Permanent
removal of vegetation and agricultural crops would occur at structure sites. Construction would occur
in an area that has been previously disturbed, and impacts to native vegetation communities are
expected to be minimal.
Section 21-3-340.A.16 — The existing water quality of affected state waters will not be degraded below
state and federal standards or established baseline levels.
There would be no direct impacts to water quality associated with the regular operation or
maintenance of the transmission line. The existing water quality of affected state waters will not be
degraded below state and federal standards or established baseline levels by the project.
Section 21-3-340.A.17 — The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability,
volume, recharge capability and depth of aquifers in the impact area.
According to the application, construction and maintenance of the transmission line would not
measurably impact surface water or groundwater quality. Additionally, there would be no long-term
impacts to surface water or groundwater hydrology as a result of construction or operation of the
transmission line. The Project would not impact hydrologic flow of either surface water or groundwater,
nor would it affect groundwater recharge.
Further, subsurface drainage would not be impacted by the proposed transmission line. There would
be no direct impacts to water quality associated with regular operation or maintenance of the
transmission line. Project construction would not create runoff in excess of previous site levels and
would not change existing topography or adversely affect drainage. There would be no alteration in
the pattern or intensity of surface drainage as a result of construction or operation of the transmission
line facility. Therefore, a Drainage Report is not required. A range of measures ensuring the Project
does not impact water quality is will be implemented prior to construction, including a Storm Water
Permit for Construction Activities would be acquired from the Colorado Department of Public Health
and Environment.
Section 21-3-340.A.18 — The benefits of the proposed developments outweigh the losses of any
natural resources or reduction of productivity of agricultural lands as a result of the proposed
development.
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 7
The majority of the site consists of agricultural uses, primarily production agriculture, farming and
ranching. The facility will have limited impact on agricultural lands within the transmission line
corridor project site and minimal impact on future land use. Permanent facilities upon completion will
only cover approximately 23 acres.
Section 21-3-340.A.19 - The applicant has obtained or will obtain all property rights, permits and
approvals necessary for the proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access, etc. If the applicant has not obtained all necessary
property rights. permits and approvals, the Board may, at its discretion, grant the permit conditioned
upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the
County.
The application indicates that individual land lease agreements have been obtained or will be
obtained between PSCo and the affected property owners. The applicant has obtained or will obtain
all property rights, permits and approvals necessary for the proposed project, including surface,
mineral and water rights and easements for drainage, disposal, utilities, access, et cetera, with
approval by the Board of County Commissioners.
Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will not present an unreasonable
risk of exposure to or release of toxic or hazardous substances within the impact area. The
determination of effects of the project shall include the following considerations:
a. The means by which outdoor storage facilities for fuel, raw materials, equipment and related
items are adequately enclosed by a fence or wall.
b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or
forces.
c. Containment of inflammable or explosive liquids, solids or gases.
The proposed project will not present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area. There are no fuel facilities, raw materials, wastes,
inflammable orexplosive liquids, solids, or gases located along the transmission line alignment, or on
any site associated with this proposal. The Health Department is requiring that a waste handling
plan be submitted as a condition of approval.
Section 21-3-340.A.21 - The scope and nature of the proposed project will not unnecessarily
duplicate existing services within the County.
The scope and nature of the proposed project will not unnecessarily duplicate existing services within
the county. The proposed transmission line will address a specific demand for electricity for DCP
Midstream's Lucerne Gas Plant and enable this facility to meet its long term air attainment
requirements.
Section 21-3-340.A.22— If the purpose and need for the proposed project are to meet the needs of an
increasing population within the County, the area and community development plans and population
trends demonstrate clearly a need for such development.
The purpose of the 115kV transmission line is to provide the DCP Lucerne Gas Plant with electric
service that is reliable and operates efficiently while helping to ensure an adequate and dependable
supply of electrical power to meet the needs of for future development. Further, the City of Greeley in
their referral dated May 22, 2013 noted that the preferred route proposed is entirely contained within
the Long Range Expected Growth Area [LREGA] of the City of Greeley which the City expects to grow
over the next twenty plus years. The extension of utility infrastructure makes future development of
this area more likely.
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 8
The Project is proposed in response to DCP Midstream's need for additional energy resources to
meet their electric service demands at the Lucerne Gas Plant. Public Service Company of Colorado
(PSCo), an Xcel Energy Company, proposes to construct a new 115 -kilovolt (kV) electric
transmission line in unincorporated Weld County, Colorado. PSCo is requesting approval of the
preferred route for the proposed DCP Lucerne 115 -kV Transmission Line Project (Project). The
purpose of this project is to serve the electrical needs of DCP. DCP is a business that's in the
midstream segment of the natural gas industry. As part of its business, DCP gathers natural gas from
wellheads, performs gas processing, and transmits final products to customers via pipelines. In Weld
County, DCP operates an extensive network of gathering pipelines as well as seven gas
producing plants. The area has recently seen rapid expansion as new drilling technologies are
allowing more oil and gas to be produced. As a result, gas gathering and processing capacity needs
to be expanded in order to meet the growing production.
To meet these needs, DCP is proposing to expand their existing Lucerne gas compressing plant,
which will include the construction of a new transformer station to facilitate the required electricity for
the expansion. In order to satisfy the electric power requirements, DCP has requested that PSCo
construct a radial 115 -kV transmission line from the existing PSCo Monfort Substation to DCP's
new on site transformer station which will be located adjacent to the expanded Lucerne gas
compressing plant.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning
Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be
protected and to mitigate or minimize any potential adverse impacts from the proposed facility.
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works as stated in
their referral dated June 3, 2013. (Department of Planning Services)
B. A copy of the signed and recorded (construction and post -construction) lease agreements
(or other acceptable authorization from property owners) shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. A copy of signed and recorded ditch crossing agreements (or other acceptable authorization)
from ditch rights -of -way crossed by the pipeline shall be provided to the Department of
Planning Services. (Department of Planning Services)
D. A copy of signed and recorded Public Service of Colorado, Xcel Energy agreements (or other
acceptable authorization) from Public Service of Colorado, Xcel Energy rights -of -way crossed
by the pipeline shall be provided to the Department of Planning Services. (Department of
Planning Services)
E. The applicant shall contact the Colorado Department of Transportation [CDOT], Utilities
Division, to obtain the appropriate permits for the crossing or entering of CDOT right-of-
way. (CDOT)
F The applicant shall contact the Union Pacific Rail Road [UPRR], to obtain the appropriate
permits for the crossing or entering of UPRR right-of-way. (Department of Planning
Services)
G. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0032. (Department of Planning
Services)
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 9
2. The plat shall be prepared in accordance with Section 23-2-260.D and 23-2-390 of
the Weld County Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The final location of the permanent 75 foot transmission line easement with
dimension of permanent right-of-way, property ownership, parcel number, all
easements of record, and all physical encumbrances. (Department of Planning
Services)
5. The applicant shall indicate specifically on the plat the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
to the parcel. Road right of way shall also be indicated on the plat. (Department of
Public Works)
6. The location of FEMA's floodplain boundaries. (Department of Public Works)
7 North 1st Street, North 1s' Avenue and Balsam Avenue are designated on the Weld
County Road Classification Plan as local roads, which require 60 feet of right-of-way
at full build out. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the plat. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
(Department of Public Works)
8 County Road 64 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 40feet shall be delineated on the plat
as future County Road 64 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall be noted on the
plat. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
9. The City of Greeley 2035 Comprehensive Transportation Plan states that 1st Avenue
(CR 41), Balsam Avenue, "C +) and "O" Street (CR 64) will ultimately
be two lane collector roadways with a right-of-way width of 90 feet. The location of
the overhead power line shall be situated outside of the future roadway right-of-way.
2. One month prior to construction activities:
A. Contact the Permitting/Inspection agent for Weld County Public Works, for a Right -of -Way
permit for any work that may be required in the right-of-way. A special transport permit will be
required for any oversized or overweight vehicles that may access the site and may also be
obtained through the same office. (Department of Public Works)
B. A vehicle tracking pad will be required at all crossings to keep from tracking mud or debris on
to Weld County roads. (Department of Public Works)
3. The applicant shall submit three (3) paper copies or one (1) electronic (.pdf) copy of the plat for
preliminary approval to the Weld County Department of Planning Services. (Department of Planning
Services)
4. Upon completion of Conditions of Approval numbers 1, 2, and 3, above the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff The plat shall be prepared in accordance with the requirements of Section 23-2-390 of the
Weld County Code. The Mylar plat and additional requirements shall be submitted within one
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 10
hundred twenty (120) days from the date of the Planning Commissioners resolution. The applicant
shall be responsible for paying the recording fee. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date the application was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
7. The Use by Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Jordan Jemiola
Joyce Smock
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 September 17, 2013.
Dated the 17`h of December, 2013.
66the311€ tqa.116liiivu
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.09.23 08:48:49 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Public Service Company of Colorado
USR13-0032
1 A Site Specific Development Plan and Special Review Permit, USR13-0032, for a Major Facility of a
Public Utility (one (1) 115kV Transmission line extending approximately 2.5 miles) in the A
(Agricultural), R-1 (Low Density Residential), and 1-3 (Industrial) Zone Districts, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The historical flow patterns and run off -amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity incr ses, diversions, concentration and/or unplanned
ponding of storm run off. (Department of Public Works)
4 A vehicle tracking pad will be required at all crossings to keep from tracking mud or debris on to Weld
County roads. (Department of Public Works)
5 There shall be no parking or staging on Weld County Roads. Utilize your private easements or rights -
of -way. (Department of Public Works)
6. The contractor will utilize an existing contractor yard at the Monfort/Lucerne sites for its base of
operations with no new proposed staging or lay -down yards. A 75 foot private easement will be used
for the transmission line. (Department of Public Works)
7 A Right -of -Way Permit will be required at each County Road crossing, along with approved signing
details. Work with the Weld County Public Works Utility Coordinator. (Department of Public Works)
8. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code. (Department of Public Works)
�. The applicant is required to comply with all Colorado Department of Health and Environment, Water
Quality Control Division regulations regarding storm water quality permitting and protection and
construction storm water discharges. (Department of Public Works)
10. All parking and vehicle storage shall be provided on site; parking shall not be permitted within any
public right-of-way. (Department of Public Works)
11. The Monfort substation is in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA). A Flood Hazard Development Permit (FHDP) will be
required for any structures or proposed work within a floodplain. This floodplain area is in a special
MS4 drainage area and will require a higher level of best management practices (BMP's).
(Department of Public Works)
12. The applicant must to {e into consideration storm water capture/quantity anc provide accordingly
for best management practices. (Department of Rub -lie -Works)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 12
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
16. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. The
facility shall operate in accordance with the approved "dust abatement plan", at all times.
(Department of Public Health and Environment)
17. Adequate toilet facilities (portable toilets) and handwashing units shall be provided during construction
of the project. (Department of Public Health and Environment)
18. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
19. Environmental Protection Measures for Construction Projects, as identified in Appendix B of the
application, shall be adhered to. (Department of Public Health and Environment)
20. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
21. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
23. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program. (Ordinance 2011-2). (Department of Planning Services)
24. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Program. (Ordinance 2011-2) (Department of Planning
Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
RESOLUTION USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 13
29. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
Pc ruto 9i7-13
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion: Continue Case USR13-0039 to the October 15, 2013 Planning Commission hearing, Moved by
Jason Maxey, Seconded by Bruce Sparrow. Motion carried unanimously.
CASE NUMBER: USR13-0032
APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV
TRANSMISSION EXTENDING APPROXIMATELY 2.5 MILES) IN THE A
(AGRICULTURAL), R-1 (LOW DENSITY RESIDENTAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS
LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES WEST ALONG
THE S2 OF SECTION 33 AND TERMINATES AT THE LUCERNE GAS PLANT
EXPANSION IN THE S2 OF SECTION 32, T6N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO
LOCATION: GENERALLY LOCATED NORTH OF EAST C STREET; 0.5 MILES WEST OF
CR 43; SOUTH OF CR 64.5; EAST OF NORTH 6TH AVENUE.
Kim Ogle, Planning Services, presented Case USR13-0032, reading the recommendation and comments
into the record. This case was continued from the August 6, 2013 Planning Commission at the request of
the applicant to speak with the concerned landowners. Resulting from the discussion and negotiations
with the surrounding landowners affected by the preferred route, the applicants are requesting an
amendment to the preferred route which is outlined as Route A. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Brad Yatabe, County Attorney, noted that not all of the Planning Commissioners were available at the
August 6, 2013 hearing and encouraged those absent to review the minutes. He added that he asked
staff to make a full presentation for the benefit of the members who were not here.
For the record, Commissioner Maxey noted that he drove the routes prior to the hearing today.
Don Carroll, Public Works, reported on the required Flood Hazard Development Permits, Right -of -Way
Crossing Permits, tracking control, and existing and future right-of-way.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Derek Holscher, Public Service Company of Colorado, 1800 Larimer Street, Suite 400, Denver, Colorado,
stated that they are proposing 2.5 miles of new single 115kV transmission line from the existing Monfort
Substation to the DCP Midstream Lucerne Plant expansion. This is to serve the electrical needs of the
DCP Plant. The anticipated in-service date for the transmission line project is October 2014.
Mr. Holscher noted that at the August 6, 2013 Planning Commission hearing there were two landowners
in opposition to the original preferred route because it interfered with their future center pivot irrigation
plans. Therefore they requested to continue this application until further discussions could be held with
those landowners. Through further discussion with the landowners and site studies, the parties agreed to
amend the preferred route, which is presented at today's hearing.
Commissioner Lawley asked if they are confident that they will acquire all the necessary easements. Mr.
Holscher replied that they are confident they will have all easements in place.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dennis Hoshiko, 1811 38th Avenue, Greeley, Colorado stated that he was one of the landowners who
were greatly impacted by the original preferred route. He said that after discussions with the applicants
they agreed that the amendment to Route A would be the best use for all parties. He noted that they did
not enter into any negotiations regarding the value of the land and asked for mercy from the Planning
Commission.
Commissioner Wailes asked what specifically Mr. Hoshiko is requesting the Planning Commission to give
mercy on. Mr. Hoshiko asked for another continuance so that they could have an opportunity to look at
the offer and negotiate with the applicants.
Commissioner Maxey stated that although the line is there the property owner would still be able to farm
underneath it so he asked Mr. Hoshiko to consider that in his negotiations.
Commissioner Smock noted that at the August 6th hearing Mr. Hoshiko brought up the concern regarding
aerial spraying and asked if that has been resolved. Mr. Hoshiko said that there is still a concern with
aerial spraying since these lines will hinder that.
Mr. Yatabe recommended not continuing this hearing based on the negotiation of a price for land. He
added that the information you have before you on the land case is the criteria that you make a
determination from.
In response to Commissioner Maxey's inquiry, Mr. Hoshiko said that the benefits of installing the line
underground would be the aesthetic impact as well as for aerial spraying.
Mr. Holscher said that they intend to have fair negotiations with the landowners as imminent domain or
condemnation is always a last resort. He understands that the appraisal will be ready in the next few
days and they will be in contact with the landowners.
Mr. Holscher said that typically they like to get the route established and then work on the negotiations.
He added that when the surveys are complete they would be happy to work with the landowners on the
placement of the poles.
Mr. Holscher stated that as far as agricultural operations go within the transmission line corridor the
landowners are able to farm underneath the lines it is just the collocations where it will be taken out of
production. In response to Commissioner Jemiola's inquiry, Mr. Holscher believes that the aerial spraying
will be not be as affected as it would have been set up with the original preferred route that bisected the
land.
Commissioner Jemiola asked the applicant if they believe this is in compliance with the Weld County
Comprehensive Plan and the Weld County Right to Farm. Mr. Holscher said that Public Works has
requested that the Right to Farm Statement be added to the plat and they have agreed to include that.
He added that they have acted in good faith in establishing a route that work with these landowners and
they seem to be on the same page with the route that was chosen.
Commissioner Smock asked if there is any further consideration other than financial for not going
underground. Mr. Holscher said that the cost is definitely an issue; however liability is also an issue if
there would be some kind of fault within the line it takes much more time to isolate that problem and to get
it fixed. Additionally, the right-of-way needed for underground could vary between 50 and 75 feet.
Mr. Yatabe emphasized that for those Commissioners who were not at the August 6th meeting to review
those minutes so that they fully understand what was discussed at the last meeting.
On behalf of Public Works, Mr. Ogle suggested making changes to the staff report specifically amending
Conditions of Approval 2.G.7 and 2.G.9. Additionally, he suggested deleting Development Standards 3, 9
and 12.
The Chair called a recess at 2:54 pm and reconvened the hearing at 3:07 pm.
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Commissioner Jemiola stated that he believes that they need to follow the Weld County Comprehensive
Plan and preserve the prime agricultural farm land and the farmer's ability to farm, including spraying and
cultivation. Unless accommodations can be made to allow the farmer to continue those practices he
believes it is in conflict with the Weld County Comprehensive Plan and the Right to Farm Act and would
like to see this line underground.
Commissioner Elliott said that he has seen crop dusters dance around the lines and farming can continue
around the poles.
Commissioner Sparrow said if agricultural is our concern the landowner may lose up to 2 acres for the
poles and the rest he can continue to farm. Commissioner Berryman said it is not their position to say
what the amount is going to be because there is a process for that and they need to follow that process.
Do they have to stay outside of the future right-of-way. Mr. Yatabe said that once the right-of-way is
dedicated then they do have to stay outside of the right of way. The Chair said that the discussion would
be between the applicant and Mr. Hoshiko.
Commissioner Hansford said that in his neighborhood he has poles and lines going everywhere and has
seen those crop dusters work around those lines as well as the farmers working around the poles. He
feels that underground may be a better way to go but also has concerns with regard to the depth it may
be buried, land erosion, and the chance of it getting dug up.
Commissioner Smock said that Weld County is an agricultural county and does not want to lose sight of
that. She added that she believes Public Service Company has made some good steps here with
working with the landowners in establishing this revised route.
Motion: Amend Condition of Approval 2.G.7 as stated by staff, Moved by Jason Maxey, Seconded by
Nick Berryman.
Motion passed unanimously.
Motion: Amend Condition of Approval 2,G.9 as stated by staff, Moved by Jason Maxey, Seconded by
Nick Berryman.
Motion passed unanimously.
Motion: Motion to delete Development Standards 3, 9, and 12, Moved by Nick Berryman, Seconded by
Benjamin Hansford.
Motion passed 8-1 with Jordan Jemiola casting a no vote.
Commissioner Maxey asked Mr. Holscher to explain the development over underground lines. Mr.
Holscher said that the underground lines typically have pole vaults that are set up every so often and they
would also be an above ground structure that the farmer would have to go around. It also puts the
concrete encasement at risk during farming operations if there is erosion.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0032 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bret Elliott, Seconded by Nick Berryman.
Vote: Motion passed (summary: Yes = 7, No = 2, Abstain = 0).
Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Mark Lawley, Michael Wailes, Nick
Berryman.
No: Jordan Jemiola, Joyce Smock.
Commissioner Smock said that she thinks some of the rights of the farmers are being taken away.
Commissioner Wailes wished to thank the applicants and the landowners for getting together and coming
up with a compromise that will work for everyone. He believes that the Right to Farm is not being
4
impacted here. Some of the practices may have to change but added that they are minimal in
consideration.
Commissioner Sparrow recommended to the Board of County Commissioners that good negotiations are
well underway and the landowners are satisfied before approval.
Commissioner Jemiola said that it is inconsistent with the Weld County Comprehensive Plan
Section 22-2-20 Agricultural Goals and Policies and the Weld County Right to Farm Act. He added that
he doesn't appreciate being put in a position to take someone's private property for a private use.
Commissioner Maxey thanked the applicants and the landowners for coming into an agreement with
regard to the preferred route. He believes the farming practices can still continue. Additionally, he
believes that Public Service Company of Colorado has demonstrated today by proposing an amendment
to the route that they will put their best foot forward to negotiate properly with the landowners.
Commissioner Elliot said that he is a big proponent of farming but believes that the impact is minimal.
Commissioner Berryman said that he personally does not like the aesthetic look of it but believes that
farming can still continue. He said that Public Service Company of Colorado made reasonable efforts to
make the least impact possible with the preferred route.
Commissioner Lawley said that everyone is aware of the condemnation process that can happen and
believes that the negotiation process can and does work. He encouraged the applicant to work with the
affected landowners and ensure that they are adequately compensated.
CASE NUMBER: USR13-0042
APPLICANT: AKA ENERGY GROUP
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (FKA USR-866) FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING AN OIL AND GAS SUPPORT AND
SERVICE FACILITY (EXPANSION OF AN EXISTING GAS PROCESSING
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C OF RECORDED EXEMPTION RE -4508; LOCATED IN PART OF THE
NW4 OF SECTION 32, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40; APPROXIMATELY 0.5 MILES WEST
OF CR 29.
For the record, Commissioner Maxey noted that he drove by the site today.
Chris Gathman, Planning Services, presented Case USR13-0042, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. She requested adding a Condition of Approval 1.J.9 to read "Reference on the plat
for the improvements on Highway 85 and County Road 29 and County Road 40 as outlined in the US 85
Access Control Plan 1-76 to WCR 80 December 1999".
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Steve Szabo, 13472 CR 40, stated that they plan to expand the plant.
Commissioner Maxey asked why the existing access can't be utilized for both facilities and why another
needs to be installed. Mr. Szabo said that it would be for an emergency access.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
5
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Commissioner Sparrow asked about the noise from the compressors. Mr. Groom said that there have
been significant improvements in the industry to mitigate sound. He added that DCP is subject to the
Colorado Oil and Gas Conservation Commission noise regulations and further added that fortunately
there is still a fair amount of buffer ground that will help mitigate some of those affects to the surrounding
property owners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dennis Hoshiko, 1811 38th Ave, Greeley, Colorado, stated that he is the President of Hoshiko Farms
which is located immediately south of the proposed site. He expressed concern over the drainage at the
intersection of County Road 43 and County Road 64. He added that all the runoff comes to that
intersection and then onto his property. He asked that this runoff be contained somehow so that it
doesn't inundate his property. Mr. Hoshiko also expressed concern on the amount of traffic at this
intersection as well. He added that this intersection will not accommodate the 4 axle trucks.
Ms. Hansen commented that the drainage requirements for the site are full detention with a release at the
5 year historic rate. She added that she is told the storm this past weekend is a 10 year storm so the
drainage would have been improved with that storm; however if the intersection and the ditches are
already flooding in storms smaller than the 5 year historic then this will not be improving that situation.
With the proposed traffic, it does not warrant turn lanes for this intersection. However if there are
problems with the intersection then Public Works can review it and determine if improvements need to be
made.
Mr. Groom stated that they will not be having the 4 axle trucks and added that there is an Improvements
Agreement; therefore DCP will be responsible for paying their proportional share of any improvements to
that intersection. He added that the detention pond should help with Mr. Hoshiko's concern with drainage
since any runoff will be captured in this detention pond.
Commissioner Smock asked about the chemicals in the application and how will they ensure that these
chemicals will not drain onto Mr. Hoshiko's property. Mr. Groom said that those chemicals are captured
and contained in industry approved storage containers and then removed from site. Additionally, there
are spill prevention plans approved by the County that they will have in place.
Motion: Amend Development Standard 24 to allow for March 151 deadline; Motion by Benjamin Hansford,
Seconded by Joyce Smock. Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0026 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Bruce Sparrow, Michael Wailes.
CASE NUMBER: USR13-0032
APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV
TRANSMISSION EXTENDING APPROXIMATELY 2.5 MILES) IN THE A
(AGRICULTURAL), R-1 (LOW DENSITY RESIDENTAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS
LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES WEST ALONG
THE S2 OF SECTION 33 AND TERMINATES AT THE LUCERNE GAS PLANT
LOCATION:
EXPANSION IN THE S2 OF SECTION 32, T6N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO
GENERALLY LOCATED NORTH OF EAST C STREET; 0.5 MILES WEST OF
CR 43; SOUTH OF CR 64.5; EAST OF NORTH 6TH AVENUE.
Kim Ogle, Planning Services, presented Case USR13-0032, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the required permits for crossing right-of-ways and transport
permits, and weed control throughout the corridor. Mr. Carroll noted that because there are no drainage
requirements for transmissions lines Development Standards 3, 11 and 12 may be deleted.
Delete Development Standards 3, 11, and 12 as stated by staff and renumber accordingly, Motion by
Joyce Smock, Seconded by Benjamin Hansford. Motion carried unanimously.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Derek Holscher, Xcel Energy, 1800 Larimer Street, Denver Colorado, stated that they are requesting
approval of the construction of a new single circuit 115kV transmission line beginning at the existing
PSCO Monfort Substation to DCP Midstream's Lucerne Gas Compressing Plant expansion. The DCP
location is proposing expansion at this facility in order to meet the growing production therefore they have
requested that PSCO construct this transmission line from their existing Monfort substation to their new
substation. The minimum ground clearance of these structures will be 24 foot high with the towers
ranging in height from 70 foot to 120 foot high. They anticipate service operation October 2014.
Commissioner Maxey referred to the existing 44kV line located on 15t Avenue and asked why they don't
upgrade that line so they just maintain that one route. Mr. Holscher said that they looked at that line
initially, however that line is at capacity and the level needed for DCP is a 115kV line. He added that the
line along 151 Avenue is where many residences are located and they were trying to limit the impact to
those residences. In response to Mr. Maxey's inquiry, there is a 40 foot easement for the existing 44kV
line and the additional line will require a 75 foot easement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dennis Hoshiko, 1811 38th Avenue, Greeley, Colorado, stated that he intends to install a center pivot
irrigation system on his property in which the transmission line intersects on County Road 43. He
expressed strong opposition to this request. He feels that they could use the existing 44kV route.
Additionally, he has crop dusting performed on his fields and this would greatly impact that.
Barnard Gesick, 32879 CR 51, stated that he operates the Bliss Farm which would be cut off by this line.
This is a 51h generation farm and they do not wish to see this happen. He concurred with the crop dusting
issue. The construction time is during the summer and that would be very difficult with farming.
Additionally, he said that it doesn't drain where they intend to put a pole on the Bliss property and asked
how this will affect that.
Dave Boyd, 2695 Amber Drive, Loveland, Colorado, stated that he is speaking on behalf of Bliss Trust.
He is married to Susan Bliss. He said that farming is a very tough business and understands Mr.
Hoshiko's concerns regarding the transmission line intersecting the center pivot. He encouraged denial of
this application and asked the Planning Commission to preserve farm ground.
Mr. Holscher stated that they used the assessor's record in notifying everyone in the project area. With
regard to the center pivot they may be able to work something out by moving the right-of-way over so that
he can install the center and irrigate half of the site.
Commissioner Sparrow stated that watering half the site does not meet the center pivot irrigation to water
the entire section. He asked why 75 foot was needed. Mr. Holscher said the 75 feet will accommodate
the conductors on the pole.
4
In response to Mr. Boyd's inquiry of running the line underground, Mr. Holscher said that it is anywhere
from 5 to 10 times more expense than overhead. Typically, you don't see the underground lines in the
agricultural setting as you do in urban settings. He added that if something were to go wrong with the line
they would need to identify the problem and the construction would be more impactful.
Mr. Holscher stated that they could work around the farming operations and the construction time. He
added that they can work with landowners on the placement of the poles as well so that their concerns
can be addressed.
The Commissioners asked the applicant if other routes were entertained as well.
(Commissioner Hansford left the meeting at 3:38 pm.)
Keri Hallack, 1800 Larimer St, Denver Colorado, stated that it has been asked why not use the 1st Street
transmission line. She said that with that we have to acquire more easement and on both sides of that
road there are existing residences. In some cases, with the additional easement, that could be into their
yard or even into their home.
Ms. Hallack commented that some of these issues are global regardless of where they would locate the
transmission line. She added that this is an agricultural area so as far as potential crop dusting and
central pivot irrigating those will be issues no matter which route they would end with.
Commissioner Maxey understands that this area is surrounded by agriculture however when you are
cutting a farm in half you could be impacting that farm for any type of aerial spraying or even ground
work. Whereas if you could locate the line along a section line that wouldn't impact that farm. Ms.
Hallack agreed that if they could avoid those impacts they would; however it is a balancing act between
the location of the residences and wells.
Ms. Hallack said that they would love to meet with the landowners to try and mitigate these concerns.
They looked at all the impacts collectively and they would appreciate any meetings with the landowners.
Commissioner Maxey asked if they are opposed to a continuance of this case to talk with the surrounding
landowners and mitigate their concerns. Ms. Hallack said that they are not opposed to a continuance.
The Chair called a recess at 3:43 pm for the applicants to visit about the continuance and reconvened at
3:56 pm.
Ms. Hallack said that if they continue this case they would prefer the September 17, 2013 Planning
Commissioner hearing date.
Commissioner Maxey asked what the cost difference is between the preferred route and the alternate
Route C. Ms. Hallack said that they didn't have those costs prepared. She said that it is important to get
their project approved so if right now the Route A or Route C were approved and they are more
expensive they are more than willing to consider those routes. Commissioner Smock clarified if the
transmission line still cuts the farm in half even with the alternate routes. Ms. Hallack replied that was
correct.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
The Chair asked if the Planning Commission wished to continue this case or if they are ready to make a
recommendation to the Board of County Commissioners. Mr. Ogle clarified that the applicants are
requesting a continuance to the September 17, 2013 Planning Commission hearing to allow time to visit
with the property owners.
Motion: Continue Case USR13-0032 to the September 17, 2013 Planning Commission hearing, Moved
by Bruce Sparrow, Seconded by Michael Wailes.
5
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Bruce Sparrow, Michael Wailes,
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. Ms.
Smock welcomed the new Planning Commission members.
Meeting adjourned at 4:07 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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