HomeMy WebLinkAbout20122202.tiff �i EXHIBIT
$BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION A
a
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS` LI r i i - / 2
Moved by Bill Hall, 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: USR12-0033
APPLICANT: KERR-MCGEE GATHERING LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (A 115-KV
SUBSTATION AND AN APPROXIMATELY 1.5 MILE LONG 115-KV
TRANSMISSION LINE TO CONNECT THE XCEL HUDSON-FORT LUPTON
TRANSMISSION LINE INTO THE PROPOSED SUBSTATION) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE W2SE4 AND PART OF THE NW4 OF SECTION 14,T2N, R66W;
PART OF THE E2 SECTION 23, T2N, R66W; PART OF THE NE4 OF SECTION
14,T2N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SUBSTATION: SOUTH OF AND ADJACENT TO CR 22 AND APPROXIMATELY
1.5 MILES EAST OF CR 31.
POWER LINE: RUNNING SOUTH OF AND ADJACENT TO COUNTY ROAD 22
TO APPROXIMATELY 1/2 MILE NORTH OF COUNTY ROAD 18 AND
APPROXIMATELY 1.5 MILES EAST OF COUNTY ROAD 31.
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 Section 23-2-370
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:
A. 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.
B. The natural and socio-economic environment of the County will be protected and
enhanced.
The proposed substation and transmission line will be consistent with the existing land
use and improvements in the area. The existing area where the transmission line will be
located is zoned A(Agriculture) and consists of agricultural land, and oil and gas
improvements. The proposed transmission line would parallel an existing 230 kV
transmission line. At the proposed substation site an approved natural gas processing
facility will be located. There are already four(4) existing oil and gas support facilities that
are located approximately % mile to the west and northwest of the site. The proposed
transmission line would be located approximately 1/8 of a mile from two existing single
family residences.
The proposed transmission lines would disturb only approximately 625-square feet
around each power pole and the substation facility will be located on a parcel slightly
larger than 6 acres.
The proposed facilities will provide a short-term boost to the local economy.
Approximately 25 construction workers will be employed during the duration of the
construction period (approximately 3 months) and will use the local goods and services in
the surrounding area (Fort Lupton is the nearest municipality). The proposed facilities are
located on existing unimproved sites and will not cause any existing residences or
businesses to be displaced.
ac'2 - .070,2
RESOLUTION USR12-0033
KERR-MCGEE GATHERING LLC
PAGE 2
C. 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.
The applicants are proposing to build a new 115 kV Transmission line rather than utilize
the existing 230 kV Excel line in order to meet the timing requirements for this project.
The applicant proposes to have the project online by January 2013 to service the
Lancaster Cryogenic facility(already approved under case#USR12-0023). Utilizing the
230 kV transmission line would have required a system impact study that would have
taken more than a year to complete.
The applicant investigated three (3) potential alternatives for the location of the
transmission line:
Alternative 1 — Parallel the existing Excel 230 kV Transmission line on the west side. The
transmission line would utilize part of the existing transmission line right-of-way and would
require some additional right-of-way.
Alternative 2— Parallel the existing Excel 230 kV Transmission line on the east side. This
would require the transmission line to cross the existing 230 kV transmission line.
Alternative 3—Locate the transmission line Y mile further to the east before turning to the
west. New right-of-way would be required for the transmission line and would require the
transmission line to cross under the existing Excel 230 kV transmission line.
The applicant chose alternative#1 as the proposed alternative. The transmission line
would be located closer to the existing residence north of County Road 20 than alternative
#2 but would not require the transmission line to cross the existing 230 kV Transmission
line. The applicant indicated that this would be a preferable alternative for both Excel and
Tri-State as the existing 230 kV transmission line would likely need to be raised to meet
the clearance requirements to go under the existing transmission line.
No referral response has been received from property owners (including the parcel that
the existing residence is located).
D. A satisfactory program to mitigate and minimize adverse impacts has been presented.
The majority of impacts would occur during construction of the facilities. The application
indicates that all efforts would be made to minimize disturbances to land surrounding the
construction areas and all efforts would be made to re-establish vegetation in disturbed
areas. The applicants have attached Environmental Protection Measures for Construction
Projects under Appendix B of the application that addresses reclamation of disturbed
areas.
E. 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.
Section 22-5-160 A. UR.Goal 1. of the Weld County Code states: "Support and
encourage the use of natural and other resources available in the County by the residents
of the County."
The proposed substation and transmission line are proposed to supply power to a
proposed Natural Gas Processing (Cryogenic) Facility that will increase the ability to
process natural gas extracted in the county.
RESOLUTION USR12-0033
KERR-MCGEE GATHERING LLC
PAGE 3
The proposed facilities are located within the 3-mile referral area of the City of Fort
Lupton. No referral response has been received from the City of Fort Lupton in regards to
this proposal.
F. The nature and location or expansion of the facility does not unduly or unreasonably
impact existing community services.
The impact on existing community facilities will be minimal. The proposed facilities will be
unmanned. The Fort Lupton Fire Protection District indicated approval with comments in
their referral dated July 10, 2012. The Sheriff's Office indicated no conflicts with their
interests in their referral dated June 12, 2012.
G. 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.
The proposed facilities will be unmanned. The Fort Lupton Fire Protection District
indicated approval with comments in their referral dated July 10, 2012. The Sheriffs
Office indicated no conflicts with their interests in their referral dated June 12, 2012.
H. 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.
These facilities are not located in an area where meteorological or climatological conditions
would unreasonably interfere with or obstruct normal operations and maintenance. There is
an existing transmission 230 kV Excel Transmission line located adjacent to this site.
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.
Existing drainage patterns will be preserved. The proposed transmission line will disturb a
very small area (at each power pole location) and the Department of Public Works has
approved the drainage plan for the substation facility site. The substation will drain into an
existing detention pond that has excess volume.
J. Adequate water supplies are available for facility needs.
The facilities are unmanned. Bottled water will be provided during construction of the
facilities.
K. 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.
A 100-foot right-of-way easement would be purchased from landowners prior to
construction of the transmission line. Easement agreements with property owners will be
required prior to recording the plat.
L. Adequate electric, gas, telephone, water, sewage and other utilities exist or shall be
developed to service the site.
The transmission line facility and substation facility will be unmanned. Bottled water and
port-a-lets will be utilized during construction.
M. 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.
RESOLUTION USR12-0033
KERR-MCGEE GATHERING LLC
PAGE 4
The applicant intends to incorporate Aviation Protection Plan (APP) standards and APP
guidelines to protect birds on power lines.
The applicant has performed a Class I archaeological database search of the Project
area for sites eligible or listed under the National Register of Historic Places (NRHP). The
search has indicated that there are no NRHP eligible or listed sites within the Project
area. The environmental protection measures outlined in Appendix B indicate that should
any previously unknown historic/prehistoric sites or artifacts be encountered
during construction, all land-altering activities at that location will be immediately
suspended and the discovery left intact until such time that Tri-State is notified and
appropriate measures taken to assure compliance the National Historic
Preservation Act and enabling legislation.
N. 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.
The Department of Public Works has approved a drainage plan for the substation facility.
The applicant intends to utilize a water truck to maintain dust suppression during
construction of the substation and transmission line. The access to the proposed
substation will be paved and disturbed areas will be re-vegetated.
0. 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 geological and topographic features of the site are adequate for the proposed
substation and transmission line.
P. The existing water quality of affected state waters will not be degraded below state and
federal standards or established baseline levels.
The existing water quality of affected state waters will not be degraded below state and
federal standards or established baseline levels by the project.
Q. 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.
The applicant has an approved plan for the drainage facility and would be required to
obtain a grading permit for the substation location. The area of disturbance from the
transmission line would be minimal and would not impact streams, lakes and reservoirs in
the impact area.
R. 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.
The area of the substation is currently not in agricultural production and the facility will be
located on a parcel of 6.15 acres. The transmission lines will create minimal disturbance
where the transmission poles are located and will not interfere with agricultural production
and will not interfere with existing or future oil and gas production.
S. 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.
RESOLUTION USR12-0033
KERR-MCGEE GATHERING LLC
PAGE 5
The Department of Public Works has approved the applicant's drainage report and the
applicant has obtained an approved access permit for the substation facility. The
applicant intends to obtain 100-foot easements purchased from landowners along the
transmission alignment. The Department of Planning Services has attached a condition of
approval requiring evidence of that these easements are recorded prior to recording the
plat.
T. 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:
1. The means by which outdoor storage facilities for fuel, raw materials, equipment
and related items are adequately enclosed by a fence or wall.
2. The likelihood of hazardous materials or wastes being moved off the site by
natural causes or forces.
3. Containment of inflammable or explosive liquids, solids or gases.
The applicant shall comply with the Environmental Protection Measures outlined in Appendix
B of the application. Per the Department of Public Health and Environment, a development
standard is proposed requiring the applicant to comply with the requirements of Appendix B.
U. The scope and nature of the proposed project will not unnecessarily duplicate existing
services within the County.
The primary reason for the substation facility is supply adequate power for a recently
approved gas processing (cryogenic) facility.
V. 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 primary reason for the substation facility is supply adequate power for a recently
approved gas processing (cryogenic)facility.
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 July 21, 2012. Written evidence of Public Works approval shall be
submitted to the Department of Planning Services. (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)
RESOLUTION USR12-0033
KERR-MCGEE GATHERING LLC
PAGE 6
C. Written evidence from the applicant indicating all requirements and agreements between the
surface developer and the mineral owners and/or lessees have been completed shall be
submitted or evidence that an adequate attempt has been made to mitigate their concerns.
(Department of Planning Services)
D. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection
District as stated in their referral dated July 10, 2012. Written evidence of such shall be
provided to the Department of Planning Services. (Fort Lupton Fire Protection District)
E. An Improvements and Road Maintenance Agreement is required for the site. The
Department of Public Works will provide a draft of the agreement after the Board of County
Commissioner's hearing for the project. The agreement will address all transportation
(access drive, parking areas, haul route et cetera)and non-transportation(fencing,drainage
et cetera) improvements. (Department of Planning Services/Public Works)
F. The applicant shall submit written evidence to the Department of Public Services that Federal
Aviation Administration (FM) requirements have been met for the proposed facility.
(Department of Planning Services)
G. The recorded easement agreement information for the Transmission Line shall be indicated
on the plat. (Department of Planning Services)
H. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0033. (Department of Planning
Services)
B. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
C. The attached Development Standards. (Department of Planning Services)
D. Show the approved access point on the plat and label it with the approved access
permit number(AP12-00132). (Department of Public Works)
5. Indicate the 30-foot access and utility easement and reception #for the approved
access point. (Department of Public Works)
6. County Road 22 is an arterial road,which requires a 140-foot right-of-way at full build
out. There is presently a 60-foot right-of-way. This road is maintained by Weld
County. The applicant shall delineate an additional 40-foot of future right-of-way
parallel to the County Road 22 for full build-out. (Department of Public Works)
I. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Prior to the start of any construction:
A. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE storm
water permit. (Department of Public Works)
RESOLUTION USR12-0033
KERR-MCGEE GATHERING LLC
PAGE 7
4. Upon completion of 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 23-2-260.D 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 Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2012-3 approved April 30,2012,should the plat not
be recorded within the required one-hundred (120) days from the date the Use by Special Review
Permit was approved by the Board of County Commissioners 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
sent to dhuerterco.weld.co.us. (Department of Planning Services)
7. The 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 Benjamin Hansford.
VOTE:
For Passage Against Passage Absent Abstain
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
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 August 7, 2012.
Dated the
7th of August,2200122.
' " "`"!'1l
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tri-State Generation and Transmission Association, Inc.
USR12-0033
1. The Site Specific Development Plan and Special Review Permit is for a Major Facility of a Public
Utility(A 115-kV Substation and an approximately 1.5 mile long 115-kV Transmission Line to connect
the XCEL Hudson-Fort Lupton Transmission line into the proposed substation)in the A(Agricultural)
Zone District, and 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 increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
4. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
5. Weld County shall not be responsible for the maintenance of on-site drainage related features.
(Department of Public Works)
6. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, recycled
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of
Public Works)
7. 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)
8. 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)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Appendix B: Environmental Protection Measures for Construction Projects, as included in the
application, shall be adhered to. (Department of Public Health and Environment)
13. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be
provided during facility construction. (Department of Public Health and Environment)
14. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control plan, a
grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes
for all BMPs to be utilized, and a copy of the approved CDPHE storm water permit. (Department of
Public Works)
RESOLUTION USR12-0033
KERR-MCGEE GATHERING LLC
PAGE 9
15. During construction, all vehicles will park within the designated parking areas adjacent to the Davis
Substation. (Department of Public Works)
16. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
17. 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)
18. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of
Planning Services)
19. Effective April 25, 2011, 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. (Ordinance 2011-2)(Department
of Planning Services)
20. 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)
21. 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)
22. Personnel from the Weld County Government shall be granted access onto the pipeline easement
associated with private property at any reasonable time in order to ensure the activities carried out on
the property comply with the Development Standards stated herein and all applicable Weld County
regulations. (Department of Planning Services)
23. The 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)
24. 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)
PC s)-i 112
• with the attached conditions of approval and development standards.
is Heidi Hansen, Public Works,reported on the current traffic and access conditions and requirements of
the site. Commissioner Grand asked about the increased daily traffic on County Road 49 with these events.
Ms. Hansen stated that they don't know how often they will have events. Commissioner Maxey stated that
there is a crest on County Road 49 that is north of the access not very far and was concerned about traffic
safety. Ms. Hansen stated that they can impose haul routes for commercial operations but they cannot
enforce haul routes for public events.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and Waste Handling Plan. They have no concerns with this request.
Virtus Banowetz, 24081 CR 50, stated that he would like to use his existing facility for a small event
center such as wedding receptions,reunions and gatherings. In addition, Mr.Banowetz would like to add on
to the smaller home and make it into a bed and breakfast or country townhome rental.
Mr. Grand expressed his concern with southbound traffic turning left given the amount of traffic on CR 49.
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 he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
IlD' Motion: Forward Case USR12-0032 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 Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes =7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
Commissioner Grand expressed his concern with the southbound traffic turning left given the amount of traffic
on County Road 49.
Commissioner Maxey echoed Mr. Grand's comments regarding traffic.
CASE NUMBER: USR12-0033
APPLICANT: KERR-MCGEE GATHERING LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (A 115-KV
SUBSTATION AND AN APPROXIMATELY 1.5 MILE LONG 115-KV
TRANSMISSION LINE TO CONNECT THE XCEL HUDSON-FORT LUPTON
TRANSMISSION LINE INTO THE PROPOSED SUBSTATION) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE W2SE4 AND PART OF THE NW4 OF SECTION 14,T2N, R66W;
PART OF THE E2 SECTION 23, T2N, R66W; PART OF THE NE4 OF SECTION
14,T2N, R66W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SUBSTATION:SOUTH OF AND ADJACENT TO CR 22 AND APPROXIMATELY
1.5 MILES EAST OF CR 31.
POWER LINE: RUNNING SOUTH OF AND ADJACENT TO COUNTY ROAD 22
TO APPROXIMATELY 1/2 MILE NORTH OF COUNTY ROAD 18 AND
APPROXIMATELY 1.5 MILES EAST OF COUNTY ROAD 31.
Jason Maxey recused himself from the meeting as he is employed by United Power who this project is going
• through.
-14 ; 3
atF`�r
• Chris Gathman, Planning Services, presented Case USR12-0033, 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. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
► Laurie Spears,Tri-State Generation and Transmission, 1100 W 116th Ave,Westminster,CO,stated that
this project will support the proposed cryogenic facility adjacent to this site.
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 USR12-0033 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 Bill Hall, Seconded by Benjamin Hansford.
Vote: Motion passed (summary: Yes =6, No=0,Abstain = 1).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
Abstain: Jason Maxey.
CASE NUMBER: USR12-0031
APPLICANT: NORTHEAST GRAINS,LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT(USR-632)AN AGRICULTURAL SERVICE ESTABLISHMENT
• PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL
HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT
BASIS, INCLUDING: GRAIN AND/OR FEED ELEVATORS; GRAIN AND FEED
SALES;COMMERCIAL GRAIN STORAGE AND DRYING;SEED PRODUCTION,
PROCESSING,STORAGE,MIXING,BLENDING AND SALES AND RETAIL AND
WHOLESALE OF PRODUCTS AND SIMILAR GOODS ASSOCIATED WITH THE
AGRI-BUSINESS AND AGRICULTURAL USES AND A VARIANCE TO THE
SETBACKS REQUIREMENT FROM A PUBLIC RIGHT-OF-WAY IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: SOUTH 13 FEET OF LOT 15 AND ALL OF LOTS 16, 17, AND 18 OF BLOCK 3
STONEHAM;PART NW4NW4SE4/SW4SW4NE4 4N W 4SE4/S W 4SW 4NE4 OF SECTION 5,T7N,R56W OF
THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF SLATE STREET;WEST OF AND ADJACENT TO MARBLE AVENUE-
STONEHAM TOWNSITE.
▪ Kim Ogle, Planning Services, presented Case USR12-0031, 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.
• Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site.
Ir Lauren Light, Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan. In addition, Ms. Light stated that Condition of Approval 6.A has
been met as the applicants installed the septic system and it has been approved by the Board of Health.
Additionally, Ms. Light recommended amending Development Standard 9 to read"Adequate drinking, hand
washing and toilet facilities shall be provided for employees and patrons for the facility,at all times. Portable
toilets and bottled water are acceptable if there are 10 or less customers or visitors per day."
• Motion: Delete Condition of Approval 6.A, Moved by Bill Hall, Seconded by Benjamin Hansford.
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• Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes=7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
Commissioner Grand commented that it is always good to be a good neighbor and commended Mr. Platt in
being a good neighbor.
Commissioner Maxey echoed Mr. Grand's comments.
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. No one had
any further business to discuss. Commissioner Grand asked what the policy is with regard to recognizing past
Planning Commission members for their service. Ms. Ranslem said that they will be recognized on Monday,
August 13th at the Board of County Commissioners hearing at 9:00 am for their service.
Meeting adjourned at 3:55 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
45\166ntd Ra� , /„ it Location:1555 N 17th Ave
fn Date:2012.08.1015:48:10-06'00'
Kristine Ranslem
• Secretary
•
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