HomeMy WebLinkAbout20080998.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1629 FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
(ELECTRICAL SUBSTATION),SUBJECT TO THE PROVISIONS OF SECTION 23-4-420
OF THE WELD COUNTY CODE, IN THE A (AGRICULTURAL) ZONE DISTRICT -
A. DALE SLATER TRUST B/ UNITED POWER, 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 25th day of
June, 2008, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of A. Dale Slater Trust B, Attn: Nancy Slater, 13433 County Road 7, Longmont,
Colorado 80504,and United Power, Inc., 500 Cooperative Way, P.O. Box 929, Brighton, Colorado
80603, for a Site Specific Development Plan and Use by Special Review Permit#1629 for a Major
Facility of a Public Utility or Public Agency (electrical substation), pursuant to the provisions of
Section 23-4-420 of the Weld County Code, in the A (Agricultural) Zone District, on the following
described real estate, to-wit:
SE1/4 of Section 28, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, due to scheduling conflicts on behalf of the opponents to the case, the Board
deemed it advisable to continue the matter to July 16, 2008, at 10:00 a.m., and
WHEREAS, on July 16, 2008, said applicant was represented by Dick Clark, Rothgerber
Johnson and Lyons, LLC, 1200 17th Street, 30th Floor, Denver, Colorado 80202, and
WHEREAS, Section 23-2-400 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the applicant has offered an amendment to the application, such that the total
acreage is 7.67 acres, and the Board hereby finds and determines that such change is not
considered to be a substantial or material change for the purposes of the Weld County Code, 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 unfavorable findings 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 23-2-370 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-400 of the Weld County Code as follows:
a. Section 23-2-400.A--Reasonable efforts have been made to avoid irrigated
crop land, or to minimize the impacts on such lands in those cases where
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SPECIAL REVIEW PERMIT#1629 -A. DALE SLATER TRUST B / UNITED POWER, INC.
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avoidance is impractical. The subject site is designated "Other" by the
U.S. Department of Agriculture Soil Conservation Services Map, dated
1979. The small size of the lot (7.67 acres) severely limits its agricultural
value and use.
b. Section 23-2-400.6 --The facility will not have an undue adverse effect on
existing and future development of the surrounding area, as set forth in
applicable Master Plans. The subject property lies within the three-mile
referral area of Boulder County, the City of Longmont, and the Towns of
Firestone and Mead. The Town of Mead, in its referral dated October 10,
2007, stated that United Power and the Town of Mead had entered into
discussions for annexation and development of a power station on the
proposed lot (Lot A of RE-4712). However, in a subsequent letter, dated
July 7, 2008, the Town expressed opposition to the proposed substation,
citing incompatibility, negative impacts on property values, negative health,
safety,and welfare impacts,and negative visual impacts. The proposed site
does not lie within an Intergovernmental Agreement (IGA) boundary. No
responses were received from the Town of Firestone, City of Longmont, or
Boulder County.
c. Section 23-2-400.C--The design of the proposed facility mitigates negative
impacts on the surrounding area to the greatest extent feasible. The
proposed facility will be compatible with surrounding land uses. While there
are predominantly agricultural uses in the area, the property to the north is
located within the municipal limits of the Town of Mead. The property to the
south is zoned PUD(Planned Unit Development)with E(Estate)uses(Adler
Estates). The property to the east is proposed as a residential subdivision
(Waterfront at Foster Creek). The proposed Conditions of Approval and
Development Standards will minimize negative impacts on the 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 prevent fugitive dust
and erosion and will ensure the control of noxious weeds.
e. Section 23-2-400.E -- The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners 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--All reasonable steps have been taken by the applicant
to minimize negative impacts on agricultural uses and lands. The proposal
will not require additional water demands on the site. The proposed facility
will be unmanned and will not require water or sewage disposal. The
Conditions of Approval and Development Standards will minimize negative
impacts on the existing agricultural uses and lands of the area.
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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 proposed structure will service the
residents of the area.
h. Section 23-2-400.H --This application will create limited, if any, demand for
additional government services.
Section 23-2-400.1 -- The Conditions of Approval and Development
Standards will ensure that the nature and location of the facility will meet the
air quality standards of both the Colorado and the Weld County
Departments of Public Health and Environment.
j. Section 23-2-400.J--Adequate electric,gas,telephone,water,sewage,and
other utilities exist, or can be developed, to service the site.
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 archaeological sites within the affected area.
There will be no significant impact on wildlife habitat. The Colorado Division
of Wildlife indicated it had no conflicts with the project, as stated in the
referral dated October 7, 2007.
Section 23-2-400.L -- The proposed use will not significantly impact
drainage of residential property, crop land, or other land.
m. Section 23-2-400.M -- The proposed use has no associated housing
requirements.
n. Section 23-2-400.N -- The proposed site does not lie within a Municipal
Intergovernmental Agreement (IGA) boundary.
o. Section 23-4-420 — There is a need for the facility within the proposed
service area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of A. Dale Slater Trust B / United Power, Inc., for a Site
Specific Development Plan and Use by Special Review Permit#1629 for a Major Facility of a Public
Utility or Public Agency(electrical substation), pursuant to the provisions of Section 23-4-420 of the
Weld County Code, in the A(Agricultural)Zone District, on the parcel of land described above be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
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A. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators,stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in
accordance with the State requirements,as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
B. The applicant shall attempt to address the requirements and concerns of the
Town of Mead, as stated in the referral response dated October 10, 2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall attempt to address the requirements and concerns of the
Longmont Soil Conservation District,as stated in the referral response dated
October 9, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements and concerns of
Mountain View Paramedic Service, as stated in the referral response dated
September 28, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall attempt to address the requirements and concerns of
Weld County Landscape referral, dated September 26, 2007. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
F. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted, in writing, to the Weld County Department of Planning
Services.
G. County Road 5.5 is maintained by the Town of Mead, therefore, the
applicant shall obtain an access permit from the Town for the facility.
H. The applicant shall meet the Conditions of Approval, and record the plat for
Recorded Exemption #4712, through the Weld County Department of
Planning Services.
The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. The agreement and form of collateral shall
be reviewed by County staff, and accepted by the Board of County
Commissioners, prior to recording the plat. The Improvements Agreement
shall include a landscaping and drainage component that is designed by a
licensed landscape architect, paid for by the applicant. The Liberty Ranch
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Homeowners'Association("Liberty")and Centex Homes("Centex")shall be
provided notice of the proposed Improvements Agreement,and the time and
date of the meeting when it will be considered by the Board of County
Commissioners. Liberty and Centex shall also be notified of any other
hearings or meetings, thereafter, which address the Improvements
Agreement.
J. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
K. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1629.
2) The attached Development Standards.
3) The applicant has not delineated any on-site sign(s). If any on-site
sign(s)are desired, the signs shall adhere to Chapter 23, Article IV,
Division 2, of the Weld County Code.
4) A 40-foot radius is required on all access to public roads.
5) The plat shall meet all the requirements of Section 23-2-380 of the
Weld County Code.
6) All easements shall be referenced on the plat by a reception number
or a book and page number, or be removed from the plat.
7) County Road 5.5 is classified by the County as an Arterial Roadway,
which requires 100 feet of right-of-way at full buildout. The applicant
shall verify the existing right-of-way and the documents creating the
right-of-way. The plat shall delineate the existing right-of-way and
the documents which created it, along with any additional future
right-of-way required.
8) The applicant shall delineate all on-site lighting. The Weld County
Code addresses the issue of on-site lighting, including security
lighting, if applicable. Section 23-3-360.F states, "Any lighting...
shall be designed, located, and operated in such a manner as to
meet the following standards: sources of light shall be shielded so
that beams or rays of light will not shine directly onto adjacent
properties...."
2. Prior to Construction:
A. The applicant shall contact the Department of Building Inspection to
determine appropriate building permits which may be required for all future
construction associated with this facility.
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B. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit, if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant may provide
evidence from the WQCD that they are not subject to these requirements.
3. Upon completion of Condition of Approval #1 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 the Department of Planning Services. 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 Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
4. The Department of Planning Services respectfully 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.
5. 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.
6) In accordance with Weld County Code Ordinance#2005-7, approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
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The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 16th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
si > William H. Jerke, Chair
Weld County Clerk to A it ' T_ •'
,��J4c,; R bert Mps` lien, Pro-Tem
BY: Deputy Clerk the Board
TA. ?Jr:EyAPP AS TO
David E. Long
ney C,
ougla Rademacher
Date of signature: 4,T
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
A. DALE SLATER TRUST B/ UNITED POWER, INC.
USR#1629
1. A Site Specific Development Plan and Use by Special Review Permit#1629 is for a Major
Facility of a Public Utility or Public Agency(electrical substation), subject to the provisions
of Section 23-4-420 in the A (Agricultural) Zone District, 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. Prior to the release of a building permit, the applicant shall submit evidence of approval
from the Mountain View Fire Protection District to the Weld County Department of Building
Inspection.
4. 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
that protects against surface and groundwater contamination.
5. 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.
6. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
9. Bottled water shall be utilized for drinking and hand washing during construction of the
facility.
10. Adequate portable toilet facilities shall be provided during the construction of the facility.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
15. 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.
16. The Use by 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.
17. 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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