HomeMy WebLinkAbout20092929.tiffHEARING CERTIFICATION
DOCKET NO. 2009-61
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1711 FOR A MAJOR FACILITY OF A PUBLIC UTILITY (A DOUBLE -CIRCUIT 230-KV
TRANSMISSION LINE EXTENDING .55 MILES) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DUSTIN AND PAIGE CLARK / NORMA JEAN RITCHEY, C/O TRI-STATE
GENERATION AND TRANSMISSION ASSOCIATION, INC.
A public hearing was conducted on October 28, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 2009, and duly published
September 24, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Dustin and Paige Clark / Norma Jean Ritchey, c/o Tri-State Generation and
Transmission Association, Inc., for a Site Specific Development Plan and Use by Special
Review Permit #1711 for a Major Facility of a Public Utility (a double -circuit 230 -kV transmission
line extending .55 miles) in the A (Agricultural) Zone District. Bruce Barker, County Attorney,
made this a matter of record. Chair Garcia advised the applicant's representative, Denise
Gibbons, Tri-State Generation and Transmission Association, Inc., that she has the option of
continuing the matter to a date when the full Board will be present. However, if she decides to
proceed today, the matter will require three affirmative votes, or in the case of a tie vote,
Commissioner Long will review the record and make the determining vote. Ms. Gibbons
indicated she would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated the site is located north of County Road 4 and east of County Road 31, and
the proposed transmission line will extend from the Henry Lake Substation, which is located
within the municipal limits for the City of Brighton, north to an existing transmission line. He
indicated there are several existing power lines in the immediate vicinity, the proposed line is
expected to provide minimal visual impact, and the nearest single-family residence is
approximately one -quarter mile west of the proposed line. He stated the proposed transmission
line will be located between two natural gas pipelines and an existing 230 -kV transmission line,
and it will not be necessary to cross the existing pipeline right-of-way, or the Public Service
2009-2929
PL2030
HEARING CERTIFICATION - DUSTIN AND PAIGE CLARK / NORMA JEAN RITCHEY, C/O
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. (USR-1711)
PAGE 2
transmission line, which would have required a 140 -foot structure. He further stated the
proposed location is the shortest distance between the substation and the Erie -Beaver Creek
Transmission Line. He indicated five or six transmission poles will be constructed of steel, for
the entire length of the transmission line. Mr. Gathman confirmed the applicant has received
the appropriate easements from the two affected property owners, and the applicant also
received conditional use approval from the City of Brighton for the expansion of the Henry Lake
Substation in July, 2009. He stated fourteen referral agencies reviewed the application
materials, and five provided comments which have been addressed within the Conditions of
Approval and Development Standards. He further stated no phone calls or letters of concern
have been received by staff regarding this case, and he displayed photographs of the site and
surrounding area.
Mr. Barker clarified the standards for review of this application are found in Chapter 21 of the
Weld County Code, more commonly known as 1041 Regulations, which are slightly different
from normal land use standards. Chair Garcia requested a brief description of the differences
between regular land use hearings and 1041 Regulations, and in response, Mr. Barker clarified
Section 21-3-340 contains the criteria which must be considered by the Board, which is very
similar to the criteria listed for other land use permits; however, this criteria is geared specifically
for Use by Special Review Permits for the purpose of installing a transmission line over 130 kV.
He confirmed much of the criteria is similar to those listed within other Sections for land use
purposes; however, this Section contains additional criteria which allows for more standards of
mitigation. He clarified the hearing is conducted in the same fashion as other land use
hearings; the Board simply makes its determination based upon the separate criteria found in
Section 21-3-340.
Don Carroll, Department of Public Works, confirmed the applicant owns the parcel which
contains the existing substation, and the City of Brighton has annexed County Road 4 within the
immediate vicinity of the site. He confirmed an access to the substation exists on County
Road 4, and there is a 150 -foot easement across the property to provide access to the power
line. He confirmed the Department has no outstanding concerns with the proposed use.
Commissioner Kirkmeyer indicated Development Standards #11 and #13 are repetitive, and in
response, Mr. Carroll stated the Department of Public Health and Environment may provide
clarification.
Lauren Light, Department of Public Health and Environment, stated the applicant may be
required to obtain a Discharge Permit from the Colorado Department of Public Health and
Environment, therefore, the intent of the two Development Standards are different. She
indicated the site is not required to provide water or sewer, since it is considered to be a
temporary construction project, therefore, the applicant is allowed to provide portable toilets and
bottled water during construction activities. She stated the applicant may utilize a water truck
for any necessary dust control, and the applicant has provided a copy of the Environmental
Protection Measures for Construction Projects, which is required to be adhered to within
Development Standard #9.
Ms. Gibbons indicated she does not have any comments to add to the presentation as
Mr. Gathman explained the proposed project very well during his comments.
2009-2929
PL2030
HEARING CERTIFICATION - DUSTIN AND PAIGE CLARK / NORMA JEAN RITCHEY, C/O
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. (USR-1711)
PAGE 3
No public testimony was offered concerning this matter.
In response to Chair Garcia, Ms. Gibbons indicated she has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as presented.
Commissioner Rademacher moved to approve the request of Dustin and Paige Clark / Norma
Jean Ritchey, c/o Tri-State Generation and Transmission Association, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1711 a Major Facility of a Public Utility
(a double -circuit 230 -kV transmission line extending .55 miles) in the A (Agricultural) Zone
District, based on the recommendations of Planning staff and the Planning Commission, with
the Conditions of Approval and Development Standards as entered into the record. The motion
was seconded by Commissioner Conway. Responding to Chair Garcia, Mr. Barker indicated
the findings are included within the Resolution, and it is not necessary for the motion to
verbalize the findings listed. There being no further discussion, the motion carried unanimously
and the hearing was completed at 10:35 a.m.
This Certification was approved on the 2nd day of November, 2009.
ATTEST:
Weld County Clerk to t
BY:
Deputy Clerk to the Board
BOARD OF C TY COMMISSIONERS
WELD ,CQUNCOLORADO
illiam F. Garcia, Chair ci
L'1 4Cn'. l‘(iK��r ck
Douglas Raden acher, Pro-Tem
ConwaySe
arbara Kirkmeyer
EXCUSED
David E. Long
2009-2929
PL2030
a .
EXHIBIT INVENTORY CONTROL SHEET
Case USR-1711 — DUSTIN AND PAIGE CLARK/NORMA JEAN RITCHEY, C/O
TRI-STATE GENERATION AND TRANSMISSION ASSOCATION, INC.
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 10/06/2009)
D. Planning Staff Certificate and photograph of sign posting
E.
G.
H.
J.
L
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF OCTOBER, 2009:
V
C
C
0
fa
0
0
Vl
C
0
co
N
C
F
C
c
m
0
m
C
d
O
2 42
0
C Ncu
OI-
I—McQ'(A
Y d
C
I I I
tO 47 CI? C1
000
itItIt
000
0 0 0
PLEASE legibly write or print your name and complete address.
123 Nowhere Street, City, State, Zip
v.1
Sh%(6 _ 72 -27 it 5/?7cc)7 s)og/
VA
4\
\j
al
LI,
r
Ott
��
�
'
1
�
M
C4
w
N�'.
\��
U`�
N
r
CN
John Doe I
h
1.1
Hello