HomeMy WebLinkAbout20092832.tiffRESOLUTION
RE: APPROVE 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, CIO TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 28th day
of October, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dustin and Paige Clark, 15759 County Road 4, Brighton, Colorado
80603, and Norma Jean Ritchey, 550 Judy Lane, Lexington, Kentucky, 40505-1748, c/o
Tri-State Generation and Transmission Association, Inc., 1100 West 116th Avenue,
Westminster, Colorado 80234, 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, on the following described real estate,
being more particularly described as follows:
The NE1/4 and NE1/4SE1/4 of Section 27,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Denise Gibbons, Tri-State
Generation and Transmission Association, 1100 West 116th Avenue, Westminster, Colorado
80234, and
WHEREAS, Section 21-3-340 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 21-3-330 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 21-3-340.A of the Weld County Code as follows:
a. 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
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SPECIAL REVIEW PERMIT #1711 - DUSTIN AND PAIGE CLARK / NORMA JEAN RITCHEY,
C/O TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
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provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
b. 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) will result from this proposal.
c. 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 will 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, permitted by Weld County
(USR-1676) and annexed by the City of Brighton, and its ancillary loads,
along with other industrial development in the area.
d. 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
pipelines and an existing 230 kV transmission line along the east side of
the Henry Lake Substation. This prevents crossing 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.
e. 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
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SPECIAL REVIEW PERMIT #1711 - DUSTIN AND PAIGE CLARK / NORMA JEAN RITCHEY,
C/O TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
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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.
f. 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.
g
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.
h. 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 materials indicate 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 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
(portable toilets) will also be provided.
k. 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 which avoids existing gas pipeline rights -of -way and avoids
crossing an existing transmission line.
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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.
m. 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 Colorado Division of Wildlife.
n. 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
will be minimized through dust suppression and regular vehicle
maintenance. The applicant 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.
o. 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 and will
not modify the existing topographic features of the site.
P. 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.
q. 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 on -site drainage, nor will it
modify subsurface aquifers in the area.
r. 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
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of only 0.07 acres (around the 5-6 transmission line poles) will result from
this proposal.
s. 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, etcetera. 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.
t. 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.
u. Section 21-3-340.A.21 — 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).
v. 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.
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SPECIAL REVIEW PERMIT #1711 - DUSTIN AND PAIGE CLARK / NORMA JEAN RITCHEY,
C/O TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application 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, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the plat, prior to recording the plat. The completed
plat shall be delivered to the Department of Planning Services, and be ready to
be recorded by the Weld County Clerk and Recorder, within sixty (60) days from
the date of the Board of County Commissioners Resolution.
2. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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
may be provided that an adequate attempt has been made to mitigate
their concerns.
4. The Plat shall be amended to delineate the following:
A. All sheets shall be prepared in accordance with Sections 21-3-330.B.3
and B.4 of the Weld County Code.
B. All sheets shall be labeled USR-1711.
C. The Development Standards associated with this application.
D. County Road 4 is a collector road and requires 80 feet of right-of-way at
full buildout. There is presently 60 feet of 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
the City of Brighton.
5. Prior to Release of Grading Permit:
A. A stormwater permit for construction activities shall be required from the
Colorado Department of Public Health and Environment. The
Department of Public Works is requiring a grading permit.
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6. Prior to Hauling:
A. An overweight and over width permit shall be required. These permits
may currently be obtained from the Weld County Department of Public
Works. Permits shall be in place prior to hauling.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of October, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY:
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
_S
William F. Garcia, Chair
4J�x,(ss 1� ��= ales
Douglas ademac er, Pro-Tem
Seal P. Conway
Date of signature: /1/9/01
2009-2832
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUSTIN AND PAIGE CLARK / NORMA JEAN RITCHEY
C/O TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
USR-1711
1. A Site Specific Development Plan and Use by Special Review Permit #1711 is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which 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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
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 District, 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 and Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. (USR-1711)
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13. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
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.
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 Programs.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
18. Weld County Government personnel 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.
19. The Use by 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.
20. 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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