HomeMy WebLinkAbout20092834.tiffV
INVENTORY OF ITEMS FOR CONSIDERATION
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Applicant
Tri-State Generation &
Transmission
Case Number
USR-1711
Submitted or Prepared
Prior to
Hearing
At
Hearing
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Staff Comments
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Department of Planning Services Field Check Form
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Letter to Applicant
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V
Legal Notifications
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Application
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Maps
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Deed/ Easement Certificate
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Surrounding Property / Mineral Owners
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Utilities
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Referral List
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moment : - .. -
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Referrals with comments
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✓
Weld County Department of Public Works referral received 9/24/2009 (2 pages)
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Weld County Department of Public Health and Environment referral dated
10/22/2009 (2 pages)
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Weld County Department of Building Inspection referral received 9/17/2009
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Weld County Zoning Compliance referral received 7/30/2009
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✓
Greater Brighton Fire Protection District referral received 7/30/2009
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E-mail from Gloria Idler — CDOT received 8/6/2009
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Surrounding-PrepertyOwners/Mineral Owners--Lottcrc
t" --Viet
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PC Exhibits
v 6A
Sign Posting Certificate
x
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Planning-Cemmissien-Resolution
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Property-Gwner/Mineral-Owner Notification Letter F (a r; I; ; Si 't, )
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hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Chris Gathman Planner
2009-2834
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LAND USE APPLICATION
SUMMARY SHEET
Wi`P�r
icOLORADO
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Case Number:
Applicant:
Address:
Request:
Legal Description:
Location:
Size of Parcel:
USR-1711 Hearing Date: October 6, 2009
Tri-State Generation & Transmission C/O Mark Murray
1100 West 116'" Avenue, Westminster, CO. 80234
A Site Specific Development Plan and Special Review Permit for a Major Facility
of a Public Utility (a double circuit 230 KV Transmission extending .55 miles) in
the A (Agricultural) Zone District
NE4 and NE4SE4 of Section 27, T1N, R66W of the 6th P.M., Weld County,
Colorado
Approximately 1/4 mile North of County Road 4 and approximately 1 mile (5,000
feet) East of County Road 31
+/- 10
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Weld County Department of Public Health and Environment, referral received 8/7/2009
Weld County Department of Public Works, referral received
Weld County Department of Building Inspection, referral received
Town of Johnstown, referral received 7/23/2009 & E-mail referral received 8/20/2009
Town of Milliken, referral received 8/17/2009
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Zoning Compliance
Colorado Department of Transportation
Colorado Division of Wildlife
Berthoud Fire Protection District
Johnstown Fire Protection District
▪ Milliken Fire Protection District
▪ Larimer County
▪ Town of Berthoud
▪ Oil & Gas Conservation Commission
• Hillsboro Ditch
• Thompson & Platte Ditch
▪ Great Western Railroad
▪ Big Thompson Soil Conservation District
• West Greeley Soil Conservation District
USR-1711 Tri-State Generation & Transmission Power Line page 1 of 7
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'err,
VI`Pt
COLORADO
Planner:
Case Number:
Applicant:
Address:
Request:
Legal Description:
Location:
Size of Parcel:
Parcel Number:
Project Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Chris Gathman
USR-1709 Hearing Date: October 6, 2009
Tri-State Generation & Transmission CIO Mark Murray
1100 West 1161h Avenue, Westminster, CO. 80234
A Site Specific Development Plan and Special Review Permit for a Major Facility
of a Public Utility (a double circuit 230 KV Transmission extending .55 miles) in
the A (Agricultural) Zone District
NE4 and NE4SE4 of Section 27, T1 NI, R66W of the 6th P.M., Weld County,
Colorado
Approximately % mile North of County Road 4 and approximately 1 mile (5,000
feet) East of County Road 31
10 +/- acres (approximately .2 acres of land permanently disturbed at ground
level)
147127000024
The applicant is proposing to install a double -Circuit 230 KV transmission line for
a length of approximately .75 miles (.55 miles of the transmission line would be
located within Weld County). Five (5) to six (6) steel power poles approximately
100-110 feet in height would be installed along the length of the transmission
line. The proposed transmission line would connect the Henry Lake Substation
(located within the incorporated limits of the City of Brighton) with the Beaver
Creek — Erie 230 KV transmission line.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid imgated crop land or
to minimize the impacts on such lands in those cases where avoidance is impractical.
The transmission line will cross existing pasture land. A total disturbance area of only
0.07 acres (around the 5-6 transmission line poles) would result from this proposal.
USR-1711 Tri-State Generation & Transmission Power Line page 2 of 7
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B. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on
the surrounding area to the greatest extent feasible. The length of the transmission line
will be .75 of a mile. It will connect the existing Henry Lake Substation to an existing
transmission line to the north. There are several existing power lines and a substation in
this area and this proposed power line will have minimal visual impact on the nearby
surrounding area.
D. Section 23-2-400.D. — The site shall be maintained in such a manner so as to control soil
erosion, dust, and the growth of noxious weeds. The Conditions of Approval and
Development Standards will ensure that there is no fugitive dust or erosion and will
ensure the control of noxious weeds. BMPs will be required for all construction areas,
including erosion control methods, dust suppression, et cetera.
E. Section 23-2-400.E. — The applicant has agreed 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.
F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply
which has been evaluated with reference to the impacts of the USE of such supply on
agricultural USES. All reasonable steps have been taken by the applicant to minimize
negative impacts on agricultural USES and lands. The proposed facility will function as
an unmanned site and does not currently or have future water service or sanitation
needs. During construction, as required by the Development Standards, bottled water
will be provided for drinking and hand washing purposes, toilet facilities (port —a —potties)
will also be provided.
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G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately
assessed and the proposed action is consistent with the best interests of the people of
Weld County and represents a balanced use of resources in the affected area. The
applicant examined two alternatives (Alternative
H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion
of a proposed POWER PLANT facility will not create an expansion of the demand for
government services beyond the reasonable capacity of an impacted community or the
COUNTY to provide such services. Where it is indicated that such an expansion of the
demand for services will occur beyond the reasonable capacity to provide such services,
the applicant must clearly show how such impacts will be mitigated prior to approval of
the proposal by the COUNTY. This applies only in cases regarding power plants.
I. Section 23-2-400.1. -- It has been determined that the nature and location or expansion of
the facility will meet Colorado Department of Health and County air quality standards.
The Conditions of Approval and Development Standards will ensure that the nature and
location of the facility will meet Colorado Department of Health and Weld County air
quality standards.
J. Section 23-2-400.J. — Adequate electric, gas, telephone, water, sewage and other utilities
exist or can be developed to service the site. The applicant has stated that there will be a
regulator station site off of County Road 17. The site will be a fenced 50 by 50 -foot area
and will contain a small pre -fabricated building on -site. If necessary electricity may be
supplied by the existing infrastructure. As the site will be unmanned, other services and
utilities will not be needed. Other aboveground facilities in the county include two valve
sites and a control valve site. The proposed control station and proposed odorization
facility will be located within Larimer County and the Town of Milliken respectively.
K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect
any endangered wildlife species, unique natural resource, historic landmark or
USR-1711 Tri-State Generation 8 Transmission Power Line page 3 of 7
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archaeological sites within the affected area. The Colorado Division of Wildlife did not
return a referral indicating a conflict with their interests.
L. Section 23-2-400.L. — The application indicates that storm water drainage will be handled
per environmental standards and according to the project storm water prevention plan.
Conditions of Approval and Development Standards will ensure that historic runoff flows
will be maintained.
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 Department of Planning Services' staff 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.
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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, 2009. 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)
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. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1706. (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)
3. The attached Development Standards. (Department of Planning Services)
4 The final location of the gas pipeline easement. (Department of Planning
Services)
E. 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 for structures associated with the pipeline:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review,
B. A plan review shall be approved and a permit must be issued prior to the start of
construction.
USR-1711 Tn-State Generation & Transmission Power Line page 4 of 7
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C. Setbacks and offset distances shall be determined by the current building codes in effect
at the time of building permit (currently the 2006 International Building Code) along with
Chapter 23 of the Weld County Code, as amended.
D. A letter from the applicable Fire Protection District indicated whether or not a permit from
the Fire District will be required shall be provided. (Building Department)
4. Upon completion of 1. and 2. 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 thirty (30) 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 sixty (60) 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 sent to
maps(@co.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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Public Service Company of Colorado, an Xcel Energy Company
USR-1706
The Site Specific Development Plan and Special Review Permit is for A Site Specific
Development Plan and Special Review Permit for a Major Facility of a Public Utility (16 -inch
natural gas pipeline) in the A (Agricultural) Zone District, and subject to the Development
Standards stated hereon. (Department of Planning Services)
USR-1711 Tri-State Generation & Transmission Power Line page 5 of 7
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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. 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)
6. 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)
7. 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)
8. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route.
(Department of Public Health and Environment)
• 9. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during facility
construction. (Department of Public Health and Environment)
10. Bottled water shall be utilized for drinking during construction of the facility (pipeline and
associated encumbrances). (Department of Public Health and Environment)
11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
12. 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)
13. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
14. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
15. 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)
16. 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)
17. 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
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USR-1711 Tri-State Generation & Transmission Power Line page 6 of 7
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carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations. (Department of Planning Services)
18. The Special Review area shall be limited to the plans shown hereon and govemed 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)
19. 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)
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USR-1711 Tri-State Generation & Transmission Power Line page 7 of 7
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Wi�Yc
COLORADO
September 16, 2009
Mark Murray
Tri-State Generation & Transmission
1100 West 116' Av
Westminster CO 80234
DEPARTMENT OF PLANNING SERVICES
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: USR-1711- A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public
Utility (a double -circuit 230 -kV transmission line extending 0.55 miles) in the A (Agricultural) Zone District on a parcel
of land described as NE4 and NE4SE4 of Section 27, Ti N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 6, 2009, at 1:30 p.m. This meeting
will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. A
subsequent hearing will be held on October 28, 2009 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 101' Street, First Floor, Greeley, Colorado. It is recommended
that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board
of County Commissioners may have.
Colorado Revised Statute, C.R. S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate
owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with
written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission
hearing. You may view the staff report at www.co.weldco.us/departments/planningfPlanninq/plan current
If you have any questions concerning this matter. please call.
Respectfully, CedtL
hris Gathman
Planner
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FIELD CHECK
inspection dates: 9/25/2009
APPLICANT: Tri State Generation & Transmission CASE #: USR-1711
REQUEST: A Site Specific Development Plan and Special Review Permit for a Major Facility of a
Public Utility (a double circuit 230 KV Transmission extending .55 miles) in the A
(Agricultural) Zone District
LEGAL: NE4 and NE4SE4 of Section 27, T1N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 1/4 mile North of County Road 4 and approximately 1 mile (5,000 feet) East
of County Road 31
PARCEL ID #: 147127000024
ACRES: +/- 10 Acres
,Zoning
Land Use
N
A
N
Vacant land
E
A
E
Vacant land
S
A
S
Substation
W
A
W
Vacant land
COMMENTS:
Vacant parcels immediately north of Henry Lake substation. Transmission line located adjacent to this
site.
Chris Gathman - Planner Ill
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FIELD CHECK
CASE NUMBER: USR-1711
DATE OF INSPECTION:
APPLICANT'S NAME: Tri-State Generation & Transmission Association, Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility
of a Public Utility (a double -circuit 230-KV Transmission Line extending .55 miles) in the
A (Agricultural) Zone District.
LEGAL DESCRIPTION: NE4 and NE4SE4 of Section 27, Ti N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1/4 mile North of CR 4 and approximately 1 mile (5,000 feet) East of CR 31.
LAND USE: 1 r, /�
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ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS: /a treA \�� i-VGth�j 1^4 t
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a ti L" J I G� V l l cee1 U t-`te 1n -Q4
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COLORADO
July 29, 2009
Mark Murray
Tri-State Generation & Transmission
1100 West 116th Av
Westminster CO 80234
DEPARTMENT OF PLANNING SERVICES
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: USR-1711 - Request for a Site Specific Development Plan and Use by Special Review Permit for
a Major Facility of a Public Utility (a double -circuit 230-KV Transmission Line extending .55 miles)
in the A (Agricultural) Zone District on a parcel of land described as NE4 and NE4SE4 of Section
27, Ti N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will schedule
a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown an
attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Brighton, Ft. Lupton, and
Lochbuie Planning Commission for their review and comments. Please call Brighton at 303-655-2000, Ft.
Lupton at 303-857-6694, and Lochbuie at 303-655-9308 for further details regarding the date, time, and place
of this meeting. It is recommended that you and/or a representative be in attendance at the Brighton, Ft.
Lupton, and Lochbuie Planning Commission meeting to answer any questions the Commission members may
have with respect to your application.
If you have any questions concerning this application, please call.
Respectfully,
Chris Gathman
Planner
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