HomeMy WebLinkAbout20092833.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, 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: USR-1711
APPLICANT: 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.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Chapter 21 of the
Weld County Code
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. A.2 -The natural and socio-economic environment of the County will be protected
and enhanced. As outlined in the application, 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.
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. The
applicant has reviewed two alternatives. Alternative 1 — no action and Alternative 2 — construct the
proposed 230 kV transmission line (the preferred alternative). The preferred alternative (Alternative 2)
was determined to be the best option because it would provide load serving capability to the region
from the Henry Lake and Bromley Substations, and increase United Power's reliability of service to
the new Sipres Substation, which is proximate to the Vestas Wind Turbine facility, which was
permitted by Weld County (under USR-1676) and annexed by the City of Brighton, and its ancillary
loads along with other industrial development in the area.
Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been
presented. The length of the transmission line will be .75 of a mile. The total length of the
transmission line within Weld County will be .55 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. The proposed transmission line is sited between two natural gas pipeline and an
existing 230 kV transmission line along the east side of the Henry Lake substation. This prevents
crossing of the pipeline rights -of -way and avoids the need to cross the Public Service transmission
line which would require a 140 -foot tall structure. Additionally, the proposed location of the
transmission line is the shortest distance between the Henry Lake Substation and the 230 kV Erie —
Beaver Creek transmission line.
EXHIBIT
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2009-2833
Resolution USR-1711
Tri-State Generation & Transmission Association, Inc
Page 2
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.
Section 22-6-20.A, Econ.Policy 1.4. from the Weld County Comprehensive Plan states: "Invest in the
public infrastructure required to retain existing businesses and to readily support the needs of future
industrial and commercial developments." The proposed power line will increase reliability of service
to the new Sipres substation which is proximate to the Vestas Wind Turbine facility along with other
existing and future industrial development in the area.
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 nature and location of the facility will not
unduly or unreasonably impact existing community services. The transmission line connection will not
generate long-term impacts on area school districts and other community services.
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. The proposed
transmission line will allow more reliable service to existing industrial developments (Vestas) already
approved by the county.
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 transmission line is adjacent to an existing substation and two
existing transmission lines.
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.
Section 21 -3 -340.A.10 --Adequate water supplies are available for facility needs. 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.
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 facility will
be placed in a location that avoids existing gas pipeline rights -of -way and avoids crossing an existing
transmission line.
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. Permanent electric, gas,
telephone, water and/or sewage will not be required for this transmission line.
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. No referral comments were received from the
Division of Wildlife.
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. The proposed project will have no long term impact
on water or air quality. During construction, some fugitive dust may be generated as well as carbon
monoxide from construction vehicles. The applicant has indicated any air quality impacts can be
Resolution USR-1711
Tri-State Generation 8 Transmission Association, Inc
Page 3
minimized through dust suppression and regular vehicle maintenance. The applicant indicates that
they will monitor dust levels and erosion levels prior to establishment of vegetation in the disturbed
areas and take appropriate measures to control dust and erosion if necessary.
The proposed project will not generate runoff in excess of historic levels and will not modify existing
topography and drainage on the site.
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 proposed transmission will be located on existing pasture land. The transmission line
will not modify the existing topographic features of the site.
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. 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. The proposed transmission line
will not modify existing drainage on -site, nor will it modify subsurface aquifers in the area.
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. 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.
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 applicant has procured a 150 -foot wide transmission line easement from both owners of
property that the transmission line will cross.
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.
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
provide the ability for Tri-State to deliver power to its member cooperatives and improve service to a
new substation and to new industrial developments in the county and neighboring municipalities
(including Vestas)
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Resolution USR-1711
Tri-State Generation & Transmission Association, Inc
Page 4
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 project will help to provide more reliable
service to existing and future industrial developments in Weld County.
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 attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 60 days of approval by the Planning Commission. (Department of Planning Services)
2. 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)
3. Prior to recording the plat:
A. 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.
The Plat shall be amended to delineate the following:
A. All sheets shall be prepared in accordance with Section 21-3-330.B.3 & B.4 of the Weld
County Code. (Department of Planning Services)
B. All sheets shall be labeled USR-1711. (Department of Planning Services)
C. The Development Standards associated with this application. (Department of Planning
Services)
County Road 4 is a collector road and requires an 80 -foot right-of-way at full build out. There
is presently a 60 -foot right-of-way. An additional 10 feet shall be delineated on the plat as
future County Road 4 right-of-way. All setbacks shall be measured from the edge of future
right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and
the documents creating the right-of-way. This road is maintained by City of Brighton.
5. Prior to Release of Grading Permit:
A. A storm water permit for construction activities shall be required from the Colorado
Department of Public Health and Environment. Public Works is requiring a grading permit.
The current contact person for grading permits is Clay Kimmi, at (970)304-6496, Ext. 3750.
(Department of Public Works)
6. Prior to Hauling:
A. An overweight and over width permit shall be required. These permits may currently be
obtained from Amy Burry, Weld County Public Works Department, (970)381-3779. Permits
shall be in place prior to hauling. (Department of Public Works)
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Resolution USR-1711
Tri-State Generation & Transmission Association, Inc
Page 5
Motion seconded by Erich Ehrlich.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Against Passage Absent
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 October 6, 2009.
Dated the 6th of October, 2009.
L& i oviZ/ 1n
Kristine Ranslem
Secretary
S
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tri-State Generation & Transmission
USR-1711
A Site Specific Development Plan and a 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, as
indicated in the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Department of Planning)
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)
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.
4. 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.
5. 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.
6. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route.
7. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during
construction of the project.
8. Bottled water shall be utilized for drinking during construction of the project.
9. Environmental Protection Measures for Construction Projects, as identified in Appendix B of the
application, shall be adhered to.
10. 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.
11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
13. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
14. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
15. Effective August 1, 2005, Building Permits issued on the proposed lots 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)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
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Resolution USR-1711
Tri-State Generation & Transmission Association, Inc
Page 7
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
19. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services).
20. The Special Review area shall be limited to the plans shown herein 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.
21. 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.
•
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LOCATION: North of and adjacent to CR 96 and approximately 1 'h miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested that this case remain on the consent
agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1712
APPLICANT: Petro -Canada Resources (USA) Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support and
Services (equipment storage) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NW4NE4/E2NE4/SE4 of Section 5, T8N, R58W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to CR 96 and approximately 1 3/4 miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested that this case remain on the consent
agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1711
APPLICANT: 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, T1 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.
Chris Gathman, Planning Services, stated that staff would like for this case to remain on the consent
agenda.
The Chair asked if the applicant is available and if they wish for this item to remain on the consent
agenda. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1710
APPLICANT: Tanner & Sarah Hill
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 39 dogs of a non-specific breed to include doggie daycare and
boarding) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -1593 located in Part of the SW4 of Section 5, Ti N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately 3/4 miles south of State Hwy 52 and east of and adjacent to CR
3.
Kim Ogle, Planning Services, stated that the applicant, Tanner Hill, wishes for this case to remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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Roy Spitzer moved that Cases USR-1707, AmUSR-861, USR-1712, USR-1711, and USR-1710, be forwarded
to the Board of County Commissioners along with the Conditions of Approval and Development Standards
with the Planning Commission's recommendation of approval, seconded by Erich Ehrlich. Motion carried
unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1709
APPLICANT: Suncor Energy Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Oil and Gas Support Facility (Crude Oil Truck Unloading Facility) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20 and East of State Hwy 85.
Lauren Light, Environmental Health, stated that previously to working with Weld County she worked at Tetra
Tech and had worked on the Suncor project. She said that she has no ties to that project now. The Chair
asked the applicant if they have any concerns with Ms. Light reviewing this case. The applicant indicated that
they had no concerns.
Chris Gathman, Planning Services, stated that the injection well facility will encompass approximately 6 acres
of the 37.3 acre property it is located on and will be located at the eastern end of the site adjacent to existing
oil and gas tank batteries.
The site is located to the east of three existing commercial/industrial/oil and gas use by special review permits.
SUP -359 (pump station facility) is located approximately 1,000 feet to the west of the site, USR-1459 (vehicle
sales and detailing) and USR-1227 (manufacturing facility) along with the Union Pacific Railroad are located
approximately 1,500 to 1,800 feet to the west of the site. An existing single-family residence is located
approximately 900 -feet to the west of the proposed site (across County Road 20). The proposed main access
to the facility will be located approximately 850 feet from the access to this single-family residence. Agricultural
land is located immediately to the north, south and east of the site. No phone calls or letters have been
received from surrounding property owners. However, there was a property owner who came in earlier today
with questions of hauling and asked if there would be any trucks that would be coming from the east on
County Road 20 versus coming from the west from Highway 85.
Fourteen Referrals were sent out and six referrals and comments were received in regards to this case.
Referral responses were not received from:
State of Colorado, Oil & Gas Conservation Commission
Weld County Code Compliance
Weld County Sheriffs Office
State of Colorado, Division of Wildlife
Weld County Ambulance Services
Platte Valley Fire Protection District
Union Pacific Railroad
Platteville Ditch
There are several Conditions of Approval and Development Standards attached to the staff report attempting
to address and mitigate concerns:
• A screening plan will need to be submitted and approved by the Department of Planning Services
prior to recording the plat.
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