HomeMy WebLinkAbout20132733.tiffHEARING CERTIFICATION
DOCKET NO. 2013-47.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0032, FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 KV
TRANSMISSION LINE EXTENDING APPROXIMATELY 2.5 MILES) IN THE
A (AGRICULTURAL), R-1 (LOW DENSITY RESIDENTIAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS - PUBLIC SERVICE COMPANY OF COLORADO
A public hearing was conducted on October 2, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Donald Carroll
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated July 15, 2013, and duly published July 18,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Public
Service Company of Colorado, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0032, for a Major Facility of a Public Utility (one 115 kV transmission
line extending approximately 2.5 miles) in the A (Agricultural), R-1 (Low Density Residential)
and 1-3 (Industrial) Zone Districts. Brad Yatabe, Assistant County Attorney, made this a matter
of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
including three action alternatives, as well as three route options, which he reviewed for the
record. He also gave a summary of the various referral responses received and efforts of the
applicant to address concerns of the surrounding property owners. He entered the favorable
recommendation of the Planning Commission into the record as written. In response to
Commissioner Rademacher, Mr. Ogle indicated red Route C on the displayed map,
(See #2013-2727, page 3), is located just outside County right-of-way, it is the longest, and
impacts the most people. He displayed photographs of the surrounding area along the
preferred blue Route A.
Donald Carroll, Department of Public Works, provided a brief overview of the right-of-way
along the preferred route, which would be adjacent to current/future rights -of -way. He
addressed the referral comments from the City of Greeley and discussed the various permitting
requirements, site improvements, and floodplain requirements. a In response to
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Commissioners Rademacher and Kirkmeyer, Mr. Carroll reviewed the public right-of-way and
private easements utilized along the various routes, as well as areas not identified as route
options.
Lauren Light, Department of Public Health and Environment, indicated bottled water and
portable toilets will be utilized during construction, water and re -vegetation will provide dust
control, waste will be collected in closed containers, an air permit may be required if more
than 25 acres are disturbed, and noted that Development Standards #10-19 address health
issues.
Derek Holscher represented the applicant and reviewed a PowerPoint presentation,
marked Exhibit F, regarding the purpose and intent of the project, transmission line siting
process, and public input received. In response to Commissioners Conway and Kirkmeyer,
Mr. Holscher indicated the routes were selected based on public input and identified the location
of the residences of those who attended the public meetings. He presented positive and
negative aspects for each of the three routes. In response to Commissioner Kirkmeyer,
Mr. Holscher reviewed the disadvantages of underground placement and showed graphic
renderings of the pole structures. He also explained land rights and project requirements, and
addressed questions concerning the plans for surveys and appraisals to determine fair value.
He continued by explaining the amount of private acreage to be obtained through easements,
indicating a fractional amount will be taken out of agricultural production. Mr. Holscher
expressed his company's intent to conduct good faith negotiations, and to provide fair
settlement and compensation for any damages. In conclusion, he outlined the project schedule.
Dennis Hoshiko, surrounding property owner, stated this project will serve the needs of
one private for-profit company, not the general public, and he reviewed the various uses in the
area and corresponding values of the highly productive agricultural land. He indicated the
boundary of the Hoshiko farmland and expressed concern with potential impacts along the
O Street right-of-way and the likelihood of low compensation and/or the possibility of eminent
domain. He commented there are other routes that would be preferable for his farming
operations; however, he is also sensitive to the other neighbors who would be impacted along
those alternate routes. He further stated it is unfortunate that the project is for the benefit of one
mega entity - not for use by the general public, and it does impact the Right to Farm in relation
to crop dusters and other farming operations. In response to Commissioner Conway,
Mr. Hoshiko indicated Public Service/Excel is the only power provider in the area. He
addressed Commissioner Kirkmeyer and explained the existing 44 -kV line goes along
1st Avenue (CR 41), but that route would impact a lot more residents. Responding to
Commissioner Rademacher, Mr. Hoshiko indicated the location of residences along County
Road (CR) 43 that may be impacted with that route.
Chair Garcia indicated the Board has a separate meeting obligation at 11:30 a.m.;
therefore, he requested summarizing statements prior to taking a short recess to attend that
meeting and then resume with discussion upon the Board's return. In response to
Commissioner Conway, Mr. Hoshiko reiterated once approval is granted, the impacted property
owners will be at the mercy of the valuations determined by the applicant and the alternate
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routes will impact others; therefore, he would prefer to continue the matter until they have a
sense of what the compensation will be.
Chair Garcia closed public testimony and recessed the matter for 15 minutes to allow for a
separate meeting before completing this matter.
02 Upon reconvening, Chair Garcia allowed additional public input. Jordan Hungenberg,
surrounding property owner, stated his family is not thrilled with power lines going through their
land; however, they are willing to work with the applicant, although they would prefer to know
the anticipated compensation for the easement. In response to Commissioner Conway,
Mr. Hungenberg agreed an additional route may be preferable for him but may alternately
impact other neighbors; however, a continuance to allow further discussion of the possible
routes and compensation would be appreciated. a In response to Commissioners Kirkmeyer
and Freeman, Mr. Hungenberg indicated the location of the land his family farms and reiterated
they are willing to work with the preferred blue route if they are informed of the compensation
prior to approval by the Commissioners.
Mr. Holscher explained the issues with pursuing an additional route along CR 43 and
expressed concern with discussing options that impact people not present or previously notified.
Commissioner Rademacher discussed the option of burying the southern portion of the route
and then going aboveground along CR 43, noting there are similar amounts of tank batteries on
either route. In response to Commissioner Kirkmeyer, Mr. Holscher explained, the higher the
voltage, the wider the easement. He further stated the flood event prevented the survey of
Mr. Hoshiko's property and they will be following property boundary lines - not bisecting any
actual parcels.
El Danny Pierson, Engineer, represented the applicant and reviewed his qualifications. He
stated the GPS technology used in aerial crop spraying is not impacted by transmission lines
unless they are using a very old system, and he submitted articles documenting GPS within the
vicinity of transmission lines, marked Exhibit D. He acknowledged that the height of the lines
does impact aerial spraying, but there are adaptable solutions. He also addressed
Commissioner Kirkmeyer's earlier question, stating the setback from transmission lines is 75
feet in this instance. He gave examples of development similarly adjacent to high -power lines.
Julie Stencil, Associate General Counsel for Xcel Energy, reviewed the siting process and
permitting stage. She stated once permission to proceed is granted they will begin formal
negotiations regarding just compensation. She explained the benefits of Route A and the
expectations of the company regulators. She also explained the various pre -requisite measures
for eminent domain, and she said that is balanced by the County Court system when necessary.
In response to Commissioner Kirkmeyer, Ms. Stencil indicated she had not personally gone
through eminent domain proceedings as a property owner. Commissioner Kirkmeyer indicated
she has, and, as a result, she has complete empathy with the surrounding property owners in
this case. Responding to Commissioner Conway, Ms. Stencil indicated the cost of an
appeal to District Court is typically borne by the landowner.
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In response to Chair Garcia, Mr. Holscher indicated the applicant's requests for revisions
were addressed at the Planning Commission hearing, as reflected in the Draft Resolution. In
response to Commissioner Rademacher, Mr. Yatabe indicated the current FEMA maps would
apply in regard to Condition of Approval #2.G.6. In response to Commissioner Rademacher,
Mr. Holscher stated Condition of Approval #2.C does not apply, since the line will not be
crossing any ditches. Responding to Chair Garcia, Mr. Holscher indicated he and the applicant
have reviewed, and agree to abide by, the Conditions of Approval and Development Standards,
as amended.
Commissioner Rademacher thanked everyone for their testimony and stated he supports
a continuance to allow additional time for the applicant to determine projected compensation to
affected landowners. -?' Commissioner Conwarx, agreed a continuance will allow time to
establish values and determine the best route. : Commissioner Freeman agreed with a
continuance, with the understanding of determining values along preferred blue Route A, but not
if other routes are a possibility. Commissioner Kirkmeyer agreed; however, she noted the
property owners along Route A also acquiesced in the interest of their neighbors and don't
really want it. aCommissioner Rademacher said he would also support exploring a new
route along CR 43. Commissioner Conway questioned what other timing constraints the
applicant faces.
Chair Garcia stated this hearing was noticed for the preferred routes; therefore, any other
routes would require a denial prior to further review, and he finds there would be an adverse
impact on agricultural operations in the area. Commissioner Kirkmeyer commented, if denied,
the application would have to go through the Substantial Change process before reapplying.
Mr. Yatabe clarified the notice was actually for the yellow and red (B and C) alternate
routes and the preferred blue Route A was arrived at between the Planning Commission and
Commissioner hearing dates with input from the neighbors; therefore, only the new route would
need to go back through the process. Commissioner Freeman stated he is not in support of
considering a new route at this point. Commissioner Kirkmeyer suggested referring the matter
back to the Planning Commission to avoid the Substantial Change process and still allowing
further exploration of the additional routes discussed today. Commissioner Rademacher
agreed. In response to Commissioner Conway, Chair Garcia confirmed his finding was that
current Route A does not meet the Right to Farm Statement due to impacts to existing
agricultural operations. Commissioner Freeman stated he is not comfortable with determining
that power lines are averse to farming, because they impact farming throughout Weld County.
Commissioner Rademacher reiterated there is still the alternative of burying the lines.
Commissioner Kirkmeyer noted that the issue of who is going to be served also remains.
Based on the preceding discussion, Commissioner Kirkmeyer moved to refer the request
of Public Service Company of Colorado for a Site Specific Development Plan and Use by
Special Review Permit, USR13-0032, for a Major Facility of a Public Utility (one 115 kV
transmission line extending approximately 2.5 miles) in the A (Agricultural), R-1 (Low Density
Residential) and 1-3 (Industrial) Zone Districts, back to the Department of Planning Services to
allow the applicant additional time for further review and the ability to proceed back through the
hearing notification process, if appropriate. The motion was seconded by Commissioner
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Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 1:05 p.m.
This Certification was approved on the 7th day of October, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CT OLORADO
Weld County Clerk to the Board
Douglas Rademacher, Pro-Tem
BY
Willi rcia, Chair
Deputy erk to the Board
Sean P. Conway
rbara Kirkmeyer
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