HomeMy WebLinkAbout20022426.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1392 FOR A MAJOR FACILITY OF A PUBLIC UTILITY (13.2-MILE, 115KV
TRANSMISSION LINE AND TWO NEW SWITCHING STATIONS) IN THE A
(AGRICULTURAL) ZONE DISTRICT -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 30th day
of October, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Tri-State Generation and Transmission Association, Inc., P.O.
Box 33695, Denver, Colorado 80233, for a Site Specific Development Plan and Use by Special
Review Permit#1392 for a Major Facility of a Public Utility (13.2-mile, 115 kV transmission line
and two new switching stations) in the A (Agricultural) Zone District on the following described
real estate, to-wit:
Parts of Sections 5, 6, 7, and 18, all in Township 2
North, Range 67 West; parts of Sections 1, 12, 13,
14, 23, 24, 25, 26, 35, and 36, all in Township 2
North, Range 68 West; parts of Sections 1, 2, 11,
12, 13, 14, 23, 24, 25, and 26, all in Township 1
North, Range 68 West; parts of Sections 30 and
31, all in Township 3 North, Range 67 West; and
parts of Sections 25 and 36, all in Township 3
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Mark Murray at said hearing, and
WHEREAS, Section 23-2-230 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 recommendations 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 23-2-260 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 of the Weld County Code as follows:
a. The health, welfare and safety of the citizens of the County will be
protected and served.
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SPECIAL REVIEW PERMIT#1392 - TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC.
PAGE 2
b. The natural and socio-economic environment of the County will be
protected and enhanced.
c. 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.
d. A satisfactory program to mitigate and minimize adverse impacts has
been presented.
e. 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.
f. The nature and location or expansion of the facility does not unduly or
unreasonably impact existing community services.
g. 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.
h. 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 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.
j. Adequate water supplies are available for facility needs.
k. 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.
Adequate electric, gas, telephone, water, sewage and other utilities exist
or shall be developed to service the site.
m. 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.
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SPECIAL REVIEW PERMIT#1392 - TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC.
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n. 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.
o. 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.
p. The existing water quality of affected state waters will not be degraded
below state and federal standards or established baseline levels.
(1. 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.
r. 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.
s. 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.
t. 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:
1) The means by which outdoor storage facilities for fuel, raw
materials, equipment and related items are adequately enclosed
by a fence or wall.
2) The likelihood of hazardous materials or wastes being moved off
the site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids or gases.
u. The scope and nature of the proposed project will not unnecessarily
duplicate existing services within the County.
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SPECIAL REVIEW PERMIT#1392 - TRI-STATE GENERATION AND TRANSMISSION
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v. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tri-State Generation and Transmission
Association, Inc., for a Site Specific Development Plan and Use by Special Review
Permit#1392 for a Major Facility of a Public Utility (13.2-mile, 115 kV transmission line and two
new switching stations) 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 Use by Special Review Plat prior to
recording. 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 Weld County Board of Commissioners.
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. If applicable, the applicant shall submit an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application to the Air Pollution Control
Division of the Colorado Department of Public Health and Environment
for emissions of criteria, hazardous, or odorous air pollutants.
B. If applicable, the applicant shall obtain a Stormwater Discharge Permit
from the Colorado Department of Public Health and Environment, Water
Quality Control Division.
C. The applicant shall provide graphic and written documentation addressing
the location and identification of all public rights-of-way, existing and
proposed structures, utility easements, irrigation ditches, etcetera, per
Section 21-3-330.B.4 of the Weld County Code. This document shall be
prepared for recording in the Clerk and Recorder's office.
D. The applicant shall provide written evidence that the concerns of Patina
Oil and Gas have been addressed and met to their satisfaction.
E. The applicant shall provide written evidence that the concerns of Kerr-
McGee Rocky Mountain Corporation and Kerr-McGee Gathering, LLC,
have been addressed and met to their satisfaction.
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SPECIAL REVIEW PERMIT #1392 - TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC.
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4. The Plat shall be amended to delineate the following:
A. Weld County Road 26 is designated on the Southwest Study Capital
Improvements Needs Area as a paved rural road, which requires 60 feet
of right-of-way at full build out. There is presently a 60-foot right-of-way.
The first 1,300 feet of the road and right-of-way east of Weld County
Road 13 on Weld County Road 26 has been annexed by the Town of
Firestone. There are plans to upgrade and pave this portion of road to
accommodate the French-Lohmann Gravel Pit (USR #1326). The
remaining portion of Weld County Road 26 to Weld County Road 13 is
maintained by Weld County.
B. Weld County Road 6 is designated in the Weld County Road
Classification Plan as a collector status road, which requires 80 feet of
right-of-way at full build out. Presently there is a 60-foot right-of-way.
This road is paved and maintained by Weld County.
C. The applicant indicated that the proposed utility lines will be located 63
feet from the center line to allow for future road expansion. Weld County
Road 13, from the proposed Del Camino switching station south to Weld
County Road 26, is designated as a major arterial, which requires 140
feet of right-of-way for full build out. Weld County requires 70 feet from
the roadway center line/section line for future expansion on the west side
of Weld County Road 13 though this location. On Weld County Roads 26
and 6, the typical setback of 63 feet is adequate from the road center
line/section line for future roadway expansion.
D. The applicant should verify with the affected municipalities that the typical
63 feet setback from the center line/section line is adequate to meet final
widening requirements. Evidence shall be submitted to the Departments
of Planning Services and Public Works indicating compliance with each
municipality's future right-of-way requirements.
E. A Weld County Right-of-Way Permit is required wherever a transmission
line crosses the County right-of-way. There will be no staging or parking
of equipment or vehicles on the County right-of-way. Utilize the private
easement. Contact the Weld County Department of Public Works to
acquire a right-of-way permit prior to construction.
5. The Weld County Department of Public Works had scheduled to replace the
bridge over the St. Vrain River just north of Weld County Road 26 on Weld
County Road 13, which is parallel to the proposed transmission lines. The
bridge is scheduled for this year. A detour route will be set up to accommodate
moving equipment and vehicles around the road closing. Please contact the
Weld County Department of Pubic Works to verify this route. Written evidence
of approval of the alternatives shall be submitted to the Department of Planning
Services.
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SPECIAL REVIEW PERMIT#1392 - TRI-STATE GENERATION AND TRANSMISSION
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6. The access should be placed in such a location that there is adequate sight
distance in both directions and not below the crest of a hill.
7. The City of Dacono, in its referral received June 27, 2002, requests that the
applicant utilize the baseline standards for an Arterial status roadway. These
standards call for one hundred twenty (120) feet of right-of-way and a twenty-five
(25) foot landscape buffer on both sides of the adjacent to the right-of-way.
Written evidence of approval of the alternatives shall be submitted to the
Department of Planning Services.
8. The City and County of Broomfield, in their referral dated June 6, 2002, request
the applicant obtain the appropriate access and right-of-way permits and
approvals from the city.
9. The applicant shall provide evidence from the Colorado Department of
Transportation, as stated in its referral dated May 29, 2002, that all newly
created points of access onto the State system have been permitted. Written
evidence of approval shall be submitted to the Department of Planning Services.
10. The applicant shall provide evidence from the Mountain View Fire Protection
District, as stated in its referral dated May 28, 2002, that all issues and
requirements pertaining to emergency apparatus and access have been
addressed and resolved. Written evidence of approval shall be submitted to the
Department of Planning Services.
11. Prior to the release of Building Permits:
A. A Building Permit shall be obtained for the two switching stations.
B. A Plan Review is required for each building. Plans shall bear the wet
stamp of a Colorado registered architect or engineer. Two complete sets
of floor plans and plot plans are required when applying for the permit.
C. A Flood Hazard Development Permit shall be submitted for buildings
constructed within the One Hundred (100) Year Flood Plain.
12. Prior to operation:
A. The applicant shall contact the Weld County Sheriff's Office to schedule a
walk through of the new facilities to address their program of crime
prevention through environmental design. The program reduces the
likelihood of criminal activity at a specific location by "hardening" it to
crime.
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SPECIAL REVIEW PERMIT #1392 - TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
Ed1I /�. WEL,QDQ�COUNTY, CO,_OR
ADO
ATTEST: "' / l ilea ✓U.4 a ., ��JJ
G Vaad Chair
Weld County Clerk to .(1 O lisp
BY: �{ 6
gy9 F Davi . L g, Pro- em
Deputy Clerk to the Bo
h1� 1e
APPROVED AS TO F„...13/O
t % illiam H. J Ie/'f�V\)ke
ounty Attorn \4
R bert D. Maslen
/Date of signature: //�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
USR#1392
1. Site Specific Development Plan and Use by Special Review Permit #1392 is for a Major
Facility of a Public Utility (a 13.2-mile, 115 kV transmission line and two new switching
stations)in the A(Agricultural)Zone District, as indicated in the application materials on file
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
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site. During installation of the transmission line, all
land disturbances shall be conducted so that nuisance conditions are not created. If dust
emissions create a nuisance condition, at the request of the Weld County Department of
Public Health and Environment, a Fugitive Dust Plan must be submitted.
7. The applicant shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
8. Bottled water shall be utilized for drinking and hand washing during construction of the
project.
9. Adequate portable toilet facilities shall be provided during the construction of the project.
10. The applicant shall comply with the requirements of the Air Pollution Control Division of the
Colorado Department of Public Health and Environment.
11. The applicant shall comply with the requirements of the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
12. The access road to each switching station shall be maintained by the operator to support
the imposed loads of fire apparatus and shall be provided with a surface so as to provide
all-weather driving capabilities.
13. The off-street parking, including the access drive, shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems.
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DEVELOPMENT STANDARDS - TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION (USR#1392)
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14. There will be no staging or parking of equipment or vehicles on the County right-of-way.
15. Buildings shall conform to the requirements of the 1997 Uniform Building Code(UBC), 1998
International Mechanical Code (IMC), 1997 International Plumbing Code (IPC), and
Chapter 29 of the Weld County Code.
16. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall
and opening protection and limitations shall be in accordance with UBC Table 5-A.
Separation of buildings of mixed occupancy classifications shall be in accordance with
UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code. Offset and setback distances are measured from
the farthest projection from the building.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
19. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
20. 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.
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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