HomeMy WebLinkAbout20071316.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 15, 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer-Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
Also Present: Jacqueline Hatch, Kim Ogle, Department of Planning Services, Char Davis, Department of
Health, Don Carroll, Department of Public Works, Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Doug Ochsner commented that on page 3 of the minutes from May 1, 2007 he would like to edit that it be
pulled from Consent rather than a motion made as two Planning Commission members wishing to pull from
Consent meets the requirements. Doug Ochsner also mentioned that the Town of Windsor commented on
the minutes from April 17, 2007 and stated that they were inaccurate or misleading according to them and
gave several places where they thought it needed to be changed or corrected. Bruce Barker,County Attorney,
stated that the Commissioners should read through what their concerns are and then if any member of the
Planning Commission thinks the minutes should be changed to reflect those comments or suggestions are
then bring that up, however if you believe them to be accurate then approve them. The Chair stated that the
minutes will be tabled until June 5, 2007 until all Commissioners have read through the comments from the
Town of Windsor. Bruce Fitzgerald moved to table the approval of the minutes from the May 1,2007 meeting
until June 5, 2007, seconded by Doug Ochsner. Motion carried.
The Chair read the case into record.
1. CASE NUMBER: USR-1597
APPLICANT: Platte River Power Authority
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Pads of Sections 8, 9, 10, 16, 17 and 18, T3N, R67W and parts of
Sections 8, 9, 10, 11, 13, 14, 17, 20,29 and 30,T3N, R68W of the
6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a
Major Facility of a Public Utility (Fort St Vrain to Fordham 230 kV
Transmission Circuit - addition of a 230 kV circuit to an existing
transmission line and construction of a new underground 230 kV
electrical transmission line for 14 miles within Weld County)in the A
(Agricultural), R-1 (Residential), and 1-3 (Industrial)Zone Districts.
LOCATION: Commencing at the Fort St Vrain Power Plant located south of CR
36 and approximately '/2 mile east of CR 19, then traveling in a
southwesterly direction along an existing line between the Fort St
Vrain Substation and a point just east of Long's Peak Substation
north of Mead Reservoir. From that point the line will traverse to
the south underground approximately 1/2 mile south of SH 66,then
turn and head west running parallel with SH 66 into Boulder County.
Jacqueline Hatch, Department of Planning Services,stated Mike Dahl for the Platte River Power Authority has
/1
c Cmnuu2'0(2-1teng2 5_a3_ JO° 7
�'c - )314,
applied for a Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility
(Fort Saint Vrain to Fordham 230 kV Transmission Circuit — addition of a 230-kV circuit to an existing
transmission line and construction of a new underground 230-kV electrical transmission line for 14 miles within
Weld County) in the A(Agricultural), R-1 (Residential), and 1-3 (Industrial)Zone Districts.
The sign announcing the Planning Commission hearing was posted on May 4, 2007 by staff.
The proposed 230 kV transmission line route includes approximately 21.90 miles of which 14 miles are
located within Weld County(.10 miles within the City of Longmont, 1.20 miles located within the Town of Mead
and 12.40 miles located in unincorporated Weld County).
The purpose of the proposed line is to provide the area with electric service that is reliable and operates
efficiently while helping to ensure an adequate and dependable supply of electrical power to meet the needs of
the City of Longmont, Colorado.
The transmission line commences at the Fort Saint Vrain Power Plant located south of CR 36 and
approximately 1/2 mile east of CR 19 then travels in a southwesterly direction along an existing line between the
Fort Saint Vrain Substation and a point just east of Longs Peak Substation north of Mead Reservoir. From
that point the line will traverse to the south underground to approximately Y2 mile south of State Highway 66
then turn and head west running parallel with State Highway 66 into Boulder County.
Platte River Power Authority owns,operates, and maintains the existing Fort Saint Vrain to Longs Peak 230
kV transmission line between Fort Saint Vrain Substation and Platte River's Longs Peak Substation, located
approximately 1.5 miles west of the Town of Mead. The existing transmission line,energized in 1979,consists
of poles that, although constructed for double-circuit operation, are currently configured for single-circuit
operation on one side,with empty arms capable of supporting an additional 230 kV circuit on the other side.
An approximately 8 mile circuit consisting of three additional conductors would also be installed on the existing
poles between the Fort Saint Vrain Substation and a point northeast of Longs Peak Substation.
Four new poles would be required where the route changes direction between the Fort Saint Vrain Substation
and the Town of Mead. The existing transmission poles at these locations were designed to carry only a
single circuit because of the angle of the alignment. The new poles would be placed within 15 to 20 feet of the
existing poles with the existing right-of-way. The new poles would be similar in color, height and diameter to
the existing poles.
An overhead to underground transition pole would be located east of Longs Peak Substation near the Town of
Mead and within the existing right-of-way. From this transition pole to the Weld County/Boulder County line,
the Project would be constructed entirely underground. Rights of way would be obtained from landowners of
properties along the underground segment of the Project in Weld County. The proposed line would continue
in underground and overhead configurations for approximately 8 miles through the City of Longmont and
unincorporated Boulder County using the existing transmission line right-of-way.
Platte River Power Authority will meet with each landowner to discuss the value of the easement crossing the
property. Negotiation will be based on the recent sale of other similar properties, the impacts on specific
improvements on the property, and the amount of property needed for the easement and temporary
construction access. Platte River Power Authority will make every effort to reach a negotiated settlement. If
an agreement cannot be reach, Platte River Power Authority has the legal authority to acquire the required
land rights by eminent domain (C.R.S. 38-5-105).
The power for the Project is generated at Platte River's Rawhide Energy Station; the Craig Station; and the
Federal Hydroelectric Generation Facilities in the western United States.
The methods used to identify alternative locations for the 230kV transmission line began with delineating the
Project Area between the Fort Saint Vrain Substation in the northeast and the Fordham Substation in the
southwest. Areas that presented obvious constraints were eliminated from further consideration. A site
selection process was then used to evaluate a range of resources in the area and determine alternative
corridors that would minimize impacts to environmental resources and remain economically feasible.
When the Project Area was defined,data was acquired for the Project Area to determine which areas offer the
most opportunity for siting the transmission line and which sensitive areas should be avoided. Each resource
in the Project area was categorized as an opportunity, avoidance, or exclusion, based on how resources in
those areas might be impacted by the Project.
Resource data were categorized and mapped and then combined to provide visual representation of the
Project area and to create an opportunities and constraints composite map for siting alternatives.
The applicant sought out public involvement and comment for the proposed alignment. Three public open
houses were held regarding the Project, the first was held in the Town of Mead on February 9, 2005. The
second was held in the City of Longmont on February 16,2005 and the third open house was also held in the
City of Longmont on September 7, 2006.
Invitations were mailed on January 28,2005 to owners of property within'''A mile of each alternative alignment
in the Town of Mead and unincorporated Weld County and within 660 feet of each alternative alignment in the
City of Longmont and Unincorporated Boulder County. Invitations were mailed on August 2006 to property
owners with 250 feet of the alignment from the Longs Peak Substation to the Fordham Substation.
Approximately 50 people attended the public open house meetings while others sent comments by e-mail
and/or phone. The written comments that were received focused primarily on visual effects,effects of electric
magnetic fields, and the location of the underground segment in the City of Longmont.
Public involvement and community values are important considerations in selecting a preferred alternative.
After receiving input from the first two open house meetings.The preferred alternative was brought before the
Platte River's Board of Directors.The Project presented in this application reflects the alignment authorized by
the Platte River Board of Directors. The Project and its configuration are based on the ability to use exiting
rights of way, cost effectiveness, reduced environmental impacts, and public input.
No letters have been received from surrounding property owners.
The subject property is within the three-mile referral area for the Towns of Milliken, Platteville, Berthoud,
Firestone, Johnstown, and Mead, the City of Longmont and Boulder and Larimer counties. The Towns of
Platteville and Milliken responded to the referral dated April 10, 2007 and March 30, 2007 respectively
indicating that they have reviewed the request and find no conflicts with their interests. The City of Longmont
in their referral dated April 11, 2007 states that Longmont Power & Communications is supportive of this
project. No comments were received from the Towns of Berthoud, Firestone, Johnstown, and Mead, along
with Boulder and Larimer County.
The preferred Project alignment does traverse through the Town of Mead and the City of Longmont within
Weld County.
The applicant has noted in the application that an active bald eagle nest site is located approximately 1/2 mile
northwest of the project area. The line upgrade would occur in the existing right-of-way and would occur
outside of the breeding season.
The applicant also states that should any previously unknown historic or prehistoric sites or artifacts be
encountered during construction,all land altering activities at that location will be immediately suspended and
the discovery left intact until such time that Platte River Power Authority notifies the consulting archaeologist,
the State Historical Society, and/or the State Archaeologist are notified and appropriate measures taken to
assure compliance with the National Historic Preservation Act and enabling legislation.
According to the application,there are three waterway crossings located along the underground segment of
the Project. The applicant will continue to work with State and Federal agencies to address setbacks and
other concerns from these known and delineated natural features.
The US Army Corps of Engineers did not respond to the referral. As a condition of approval the applicant shall
contact the Corps of Engineers to verify if any permit is required. The applicant has stated that they will
obtain the USACOE Nationwide Permit 12 should waterways or any associated jurisdictional wetlands be
impacted by the proposed alignment. Flood Hazard Development Permits,will also be required by the County
for development within the recognized and delineated flood plain and flood way areas.The Nationwide Permit
12 from corps of engineers covers temporary impacts to waterways and any jurisdictional wetlands that may
exist. No long term impacts to wetlands or riparian areas are expected
Thirty-one referral agencies reviewed this case,four referral agencies had no comments, and seven referral
agencies included conditions that have been attempted to be addressed through the development standards
and conditions of approval. No comments were received from fifteen of the referral agencies at the time the
packets were mailed.
The department of planning services has received two referrals since the mailing out of the packages. They
are from Noble Energy dated April 20,2007 and Longmont Soil Conservation District dated April 10,2007 as
outlined in the memorandum provided to you today staff is recommending that following items be added and
renumbered accordingly
A new 3.F and 3.G on page 12
3.F The applicant shall attempt to address the requirements (concerns)of Noble Energy, as stated in the
referral response dated April 20, 2007. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
3.G The applicant shall attempt to address the requirements(concerns)of the Longmont Soil Conservation
District, as stated in the referral response dated April 10,2007. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
Staff has also noted that on page 11 Number 1 with regard to the timeline of when the mylar shall be
submitted, it currently says that the mylar shall be submitted within 60 days of approval by the Planning
Commission, it should be from the Board of County Commissioners rather than the Planning Commission.
The Weld County Department of Planning Services is recommending that this application be approved.
Chad Auer needed to excuse himself from the meeting at 1:50 p.m.
Mike Dahl, Platte River Power Authority, stated that the Platte River Power Authority is headquartered in Fort
Collins and is owned by Longmont, Loveland, Fort Collins and Estes Park. They provide transmission delivery
services, electricity and then own generation that is efficient to provide the needs of the four cities that own
them. Mr. Dahl passed around a sample of the cable that they would be using and burying underground for
the Planning Commission to view. Mr. Dahl presented a detailed route of how they are proposing to run the
transmission line.
Paul Branham noticed that when burying these lines underground it's at a depth of 3'and asked the applicant
what the depth is for under waterway or irrigation ditches. Mr. Dahl replied that there is no limit to the depth.
Paul Branham asked if there are any other regulations in Colorado or Wyoming that would require a line of this
capacity to be buried even deeper than 3 feet. Mr. Dahl replied that there is not.
Mr. Branham referred to figure 8 which is a proposed 230 kV double circuit overhead. He commented that
looking at the magnetic field rating it looks like there is a maximum rating of 30 at the pole and asked if there
is a rating at which the magnetic field is considered hazardous or harmful to the health of animals or people.
Mr. Dahl replied no and suggested two websites of which people can refer to for this information and they are
the National Institute of Health and the International Institute of Health.
Mr. Branham referred back to figure 9 which is a proposed underground 230 kV single circuit. Mr. Branham
asked to clarify if it was a double circuit of which they are proposing or if they are just having a single circuit
underground. Mr. Dahl answered the Board, however the tape was inaudible. Mr. Branham also asked for
clarification as he refers to figure 9 he interprets that it looks like the magnetic field rating for an underground
circuit is going to be much higher than for the overhead,for instance the maximum at the pole was roughly 30
but the maximum directly over would be up in the 275 range. Mr.Dahl stated the difference is the distance of
where you are in regard to the transmission line. When you are standing on top of the line you may be at a
distance of approximately 3' rather than if you are standing at the pole it is approximately 40-45 feet.
Tom Holton asked if the landowners are in agreement and if the easements are all done. Mr. Dahl said that
he has talked to all the landowners and have given them all copies of the easement documents. He added
that he has talked to several of them about monetary compensation and doesn't believe that there will be any
problem with negotiating easements with any of them. There will be very little impact for the landowners and
does not believe that they will need to use their eminent domain powers to make this happen.
Doug Ochsner noticed that they have had several open houses and several comments were given and asked
how the process of the landowners'questions were addressed. Mr. Dahl responded that he talked to most of
them at the open houses and encouraged them to fill out comment sheets. The rest of the response was
inaudible. Mr. Ochsner asked the applicant if there were any major outstanding questions from landowners
that he was aware of. Mr. Dahl replied that he was not aware of any.
Bruce Fitzgerald asked if the permits are in place in Boulder County and in the towns that they are affecting.
Mr. Dahl replied that he has been to the City of Longmont a year ago and will give an update to the Council
again the middle of June;however there are no permit requirements. There are two areas of unincorporated
Boulder County and are they are prepared to turn in their 1041 applications to them.
Paul Branham asked the Department of Health if they are aware of any rating on the electro magnetic field
that would constitute a hazard to animals or people and asked if she was comfortable with the underground
cable having a rating of 275. Char Davis, Department of Public Health, stated that she has done some
research on electro magnetic fields and although she is not an expert at it,she does now that a lot of research
has been done in this area and at this point in time, there is no conclusive evidence that it causes cancer or
any problems like that. Ms. Davis did comment that it is a matter of how much time you are around the
magnetic fields and as far as the underground, burying the line does not reduce electro magnetic fields.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald made a motion to change the language on page 11 Number 1 from Planning Commission to
the Board of County Commissioners and continued to add the proposed 3.F and 3.G as proposed by staff.
James Welch seconded the motion. Motion carried.
Don Carroll, Department of Public Works,wanted the applicants to be aware that they will need to pull permits
with the Weld County Department of Public Works for crossing the county roads or any right of way. Mr.
Carroll added that they also have items Number 15, 18, 19 and 20 where they are talking about appropriate
flagging when crossing the roads,try not to park vehicles on the county roads which cause traffic issues and
try to utilize private rights of way. Mr. Ochsner asked Mr. Carroll if he is comfortable with the conditions of
approval as written. Mr. Carroll replied that he is.
The Chair asked the applicant if they have read and agree with the amended Conditions of Approval and
Development Standards. Mr. Dahl replied yes.
Doug Ochsner asked that since this is a Public Utility is the board voting on this as a final approval or as a
recommendation to the Board of County Commissioners. Bruce Barker, County Attorney,responded that it is
a recommendation to the Board of County Commissioners.
Tom Holton moved that Case USR-1597,be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, yes; James Welch, yes; Doug Ochsner, yes. Motion
carried unanimously.
Meeting adjourned at 2:30 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
Hello