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Home My WebLink About20251262.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Virginia Guderjahn, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant: Planner: Request: Legal Description: Location: U SR24-0029 Vima Partners. LLC. c/o Tri-State Generation and Transmission Association. Inc. Diana Aungst U se by Special Review Permit for a 1041 Major Facility of a Public Utility (1 15/12.47-kv Substation) in the A (Agricultural) Zone District. N E1/4 of Section 7, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. West of and adjacent to County Road 15 approximately 0.75 miles north of U.S. Highway 34 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Chapter 21 of the Weld County Code. 2. It is the opinion of the Planning Commission f 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 Iron Mountain Substation (Project) will be constructed on a six (6) acre parcel created in 2024 from the northeast quarter of Section 7. The subject parcel was created via the Public Facility Division process. The parent parcel is cropland with a feeder lateral from the Loveland and Greeley Canal to the Oklahoma Reservoir bisecting the land. The substation will not affect the ditch and will remove only six (6) acres of crop land from production. This surrounding land uses include pastures, crops, and rural residences. There are no residences or businesses located on northeast quarter of Section 7. The site location was selected primarily due to the location of the existing 115 - kV Western Area Power Administration (WAPA) Airport —Windsor Tap —Whitney transmission line (circa 1989). The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of 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. The Towns of Windsor and Johnstown and the City of Loveland are within a two (2) mile proximity to the Project. During the construction period, the local economy may see a small influx of dollars as construction contractors would likely spend some money in these communities for fuel. food, and other supplies. The six (6) -acre substation site will be removed from agricultural use. Land surrounding the substation and transmission structures would remain available for farming, grazing, or other operations that do not interfere with safe and reliable operation of the transmission line. There are no anticipated adverse socioeconomic impacts associated with the Project. The Project will not cause any residents or businesses to be displaced. The Project will enable the development of more residential neighborhoods and commercial businesses, thereby generating additional property tax revenue for Weld County. This aligns with the Economic Development Goals and Policies described in the Weld County Comprehensive Plan. 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 Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 2 people of the County and represents a fair and reasonable utilization of resources in the impact area The preferred alternative, Alternative 2, proposes to construct a new substation, the Iron Mountain Substation This preference is based on the findings of the System Impact Study (SIS) (June 2023) The SIS found that improvements were required to sectionalize the line The location of the sectionalizing station was determined to be two miles east of the Airport Substation (in Lamer 'County) due to physical constraints in the vicinity of Windsor Tap The location for the substation`was based, in part, on a review that indicated that the impacts to agricultural lands will be minimized by siting the facility next to a public road and avoiding an access road Transmission infrastructure is already prevalent in the area and placement of the proposed substation and transmission line structures will not preclude the use of farmland on the adjacent parcel Three (3) locations were evaluated the subject site and two (2) other sites in the area One (1) of the alternative sites would have required underground boring of PVREA distnbution lines to avoid the existing canals, while 'the other was removed from consideration by discussions with the landowners The combination of 'willing landowners together with the feasibility of tapping the WAPA transmission line ultimately determined the currently proposed site to be the best option There are no alternative types of facilities that would accomplish the Project's purpose and need General location objectives include, but are not limited, to the following considerations 1 Agricultural uses (e g , center pivots, crops) 2 Land ownership (e g , Federal) 3 Length of transmission and distribution lines required 4 Number of residences in proximity 5 Engineering factors (e g , transmission line crossings and angles) 6 Property lines 7 Proximity to wells and other oil and gas facilities Tn-State performed a System Impact Study (SIS) in June 2023 and three (3) alternatives were identified and evaluated 1 Expand the Airport Substation to add a second 115/12 47 -kV, 30 MVA transformer 2 Construct a new substation to interconnect the Airport — Windsor Tap — Whitney 115kV line, located about two miles east of the Airport Substation 3 Provide an' energy storage system on the distribution system between the Airport and Windsor Substations Alternative 1 'Expand the Airport Substation to add a second 115/12 47 -kV, 30 MVA transformer Expansion at the Airport Substation (Airport) was originally considered to increase capacity for the PVREA service area between Loveland and Windsor Tri-State initiated a request to Platte River Power Authonty (PRPA) concerning the addition of a second transformer for PVREA at Airport Substation PRPA's review of the request identified the need to substantially expand the Airport Substation from, a six (6) -breaker ring to a full breaker -and -a -half design consisting of twelve (12) breakers,_due to the number of line positions and existing transformers The PRPA expansion design would require that the existing Tri-State-owned distnbution transformer located at Airport would need to be removed to create space for the breaker expansion A new satellite yard would then need to be constructed to the east of the existing Airport Substation for both the existing and newly proposed transformers Initial investigation of the property adjacent to the Airport site indicated that the satellite yard would need to be located even farther to the east, to avoid existing pipeline facilities, or to the south The Resolution USR24-0029 < - Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 3 landowner at Airport has plans to develop a subdivision on the parcel, which would further restnct the siting opportunities for and increase the residential impacts of a substation expansion , , Alternative 2 Construct a new substation to interconnect the Airport — Windsor Tap — Whitney 115kV line, located about two miles east of the Airport Substation In consideration of the constraints of the proposed expansion at Airport, the construction of a new substation was evaluated as an alternative In proposing this alternative, the SIS found that improvements were required to sectionalize the line The location of the sectionalizing station was determined to be two miles east of Airport Substation due to physical constraints in the vicinity of Windsor Tap This site, known as Iron Mountain, provided adequate space to construct a substation with the advantage of not impacting or relocating existing facilities, The site would also be capable of expansion if needed Evaluation by PVREA for their distribution circuits indicated that the Iron Mountain site was the most efficient and cost-effective option when compared to Airport, primarily due to the length of the distribution circuits and the long-term efficiency of associated losses PVREA also concluded that the addition of a substation between Windsor and Airport would significantly improve reliability, as the Iron Mountain Substation, when fully completed, could provide support for both Airport and Windsor under planned and forced outages of primary facilities Alternative 3 Provide an energy storage system on the distribution system between the Airport and Windsor Substations Energy storage,was not considered a viable option The cost,to produce a large enough battery is prohibitive and charging the battery would strain the distnbution system , There are no non-structural alternatives that will accomplish the purpose and need for, the Project If the Project is not constructed, Tn-State and its members would be required to seek other locations, with potentially greater impacts, to construct adequate facilities to accomplish the Project - goals , D Section 21-3-340 A 4 -- A satisfactory program to mitigate and mIn►mlze<adverse Impacts has been presented 1 Colorado Parks and Wildlife and the State Histoncal Society (History Colorado) did not return a referral response Western Area Power Administration (WAPA), Environmental Protection Agency (EPA), and United States Fish & Wildlife Service (USFWS) were also provided an opportunity to review the application, however no referral responses were received from any of these Federal agencies , The land uses on the surrounding properties include agnculture and residences The oil and gas development in the area is shown as either abandoned or plugged and abandoned There is an existing electric transmission that traverse the property east and west The east thirty (30) feet of County Road 15 nght-of-way (ROW) is annexed into the Town of Windsor In an email dated July 11, 2024, that town indicated that this annexation will be de -annexed There are twenty-one (21) adjacent properties with fourteen (14) unique property owners within 1,320 feet (1/4 mile) of the parent parcel There are four (4) residences within 1,320 feet (1/4 mile) of the six (6) -acre parcel The fourteen (14) surrounding property owners and one (1). mineral owner were notified of this 1041 on_January 23, 2025, and again on April 4, 2025, no correspondence was ,received Tri-State conducted a biological resources assessment on the Project site The desktop review and field survey identified and mapped the following potential environmental constraints 1 Threatened and endangered species and associated critical habitats within the,Project area 2 State sensitive and listed species and associated potential habitat within the Project area and direct vicinity 3 Raptor nests, including eagles, within one half (1/2) mile of the Project 4 Suitable burrowing owl habitat within one quarter (1/4) mile of the Project Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 4 5 Wetlands and other waters of the U S (WOTUS) within the Project area The Project site, a six (6) -acre parcel, is crop land that has historically been part of a 160 -acre parent parcel ,The site is flat, and 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 Permanent removal of vegetation will occur within the six (6) acres proposed for the substation Construction will occur pnmanly in an area that has been disturbed by agriculture and impacts to native vegetation are expected to be minimal 'The Project will not impact the flow of groundwater, nor will it affect groundwater recharge the Project site is not situated within the boundanes of a 100 -year or 500 -year floodplain It is situated in an Area of Minimal Flood Hazard, in which there are no potential, adverse impacts anticipated - No drainages or wetlands occur at the substation site The Project is located in an ecoregion characterized by flat to rolling plains with shortgrass prairie The substation site is in ,a highly disturbed agricultural field, which reduces the ability for native plants typically found in the Flat to Rolling Hills level IV ecoregion to occur The area surrounding the substation is likely to support a variety of common wildlife such as coyote, skunk, rabbits, and various birds, including raptors The region also supports habitat for vanous state listed species, discussed in detail below There is no federally designated critical wildlife habitat in the vicinity of the Project Tn-State conducted field surveys of the substation property for migratory birds Due to the Project's :small size and current agricultural production on the site, there is very limited nesting habitat for 'most migratory birds, General wildlife observations within the Project area were typical, for agricultural areas in Weld County The following species were identified dunng the field visit Swainson's hawk (Buteo swainsoni), mourning dove (Zenaida macroura), red-tailed hawk (Buteo ,, jamaicensis), common pigeon (Columba Hula), red -winged blackbird (Agelaius phoeniceus)„and American kestrel (Falco sparvenus) Although nesting substrate for raptors was observed within the field survey area, no raptors were observed within one-half (1/2) mile of the substation site No suitable burrowing owl habitat was observed within one -quarter (1/4) mile of the site Project impacts to wildlife are expected to be minimal and limited to temporary disturbance from construction activities To preclude avian electrocutions and minimize collision risk, Tri-State will incorporate Avian Protection Plan (APP) recommendations developed by the Avian Power Line Interaction Committee (APLIC, 2006) and the APP guidelines (APLIC and USFWS 2005) to protect birds at the substation Furthermore, impacts can be largely avoided or mitigated by surveys and/or seasonal construction restrictions 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 The substation location is within the three (3) -mile referral area for Towns of Windsor and Johnstown, the City of Greeley and Latimer County The Town of Windsor responded with no concerns in their referral agency comments dated January 30, 2025 The Town of Johnstown did not respond to the referral request The City of Greeley and Latimer County both indicated "no concerns" in their referral agency comments dated February 12,, 2025, and February 18, 2025 The site is not located within the Town of Johnstown's Growth Management Area The site is located within the Town of Windsor's Growth Management Area with a land use depiction of Parks, Open Space, Mineral Extraction and Floodplain As part of the pre -application process the Towns of Windsor and Johnstown were sent a Notice of Inquiry (NOI) The NOIs for Johnstown and Windsor both municipalities stated no interest in pursuing annexation, dated July 1, 2024, and July 16, 2024, respectively Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation,and Transmission Association, Inc Page 5 F Section 21-3-340 A 6 -- The nature and location or expansion of the facility does not unduly or unreasonably unpact existing community services The substation is located in the Windsor area, north of US HWY 34 and east of and adjacent to County Road 15 County Road 15 is a gravel road maintained by Weld County The placement of the substation will remove about six (6) acres from agncultural use A maximum of ten (10) workers would be employed dunng construction with an average of seven (7) workers present at any one time The site will be monitored remotely during operation with infrequent trips to the substation for inspections and occasional trips for maintenance Given the relatively short construction schedule the substation construction traffic should not adversely affect Weld County Roads Tri-State will coordinate with the County and Colorado Department of Transportation (CDOT) There may be short periods of time when traffic will be halted on County Road 15 to allow construction vehicles to enter and exit the construction area An access will be created off County Road 15 The Development Review referral agency comments dated February 19, 2025, state that an access permit and a Road Maintenance Agreement are required and CDOT submitted referral agency comments dated February 3, 2025, that include requirements for additional traffic information The substation will facilitate residential and commercial growth in the area This growth will impact the services in the region, however, the addition of the substation, itself, will not create any undue burden on County, state, and private 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 Project area is within junsdiction of the Weld County Sheriffs Office (WCSO) and Windsor Severance Fire Rescue (WSFR) US HWY 34 is maintained, by the CDOT and the county roads in the area are maintained by the Weld County Department of Public Works The nearest hospital is the UC Health Medical Center of the Rockies located at I-25 and US 34 Unless emergency situations occur, these services are not expected to be significantly impacted CDOT submitted referral agency comments dated February 3, 2025, that include requirements for additional traffic information, the WCSO and WSFR submitted referrals with no comments dated February 3, 2025 and February 4, 2025, respectively 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 substation on the six (6) -acre site will not affect the meteorological and climatological conditions Section 21-3-340 A 9 -- The nature and location of the facility or expansion will not adversely affect the water nghts of any upstream, downstream or agricultural users, adjacent communities or other water users The application materials state that the construction, operation, and maintenance of the substation will not has short or long term measurably adverse impact surface or ground water quality The substation will not impact hydrologic flow of either surface water or groundwater, nor will it affect groundwater recharge There will be no permanent ,employees on the site Portable toilets are acceptable during construction and can be utilized dunng operation per the Weld County Department of Public Health and Environment referral dated February 13, 2025 Resolution USR24-0029 Vima Partners, LLC, c/o Tn-State Generation and Transmission Association, Inc Page 6 J` Section 21-3-340 A 10 -- Adequate water supplies are available for facility needs No water will be required for the operation of the substation and no permanent water supply is proposed- Potable water will be provided dunng construction by a potable water supplier and minimal quantities of water for construction and dust suppression will be brought in by a water truck on an as -needed basis No concerns about the use or ongin of the water for this project was outlined in the Weld County Department of Public Health and Environment submitted referrals agency comments dated February 13, 2025 K Section 21-3-340 A 11-- The nature and location of the facility or expansion will not unduly interfere with existing easements, nghts-of-way, other utilities, canals, mineral claims or roads The applicant has obtained all required easements and will not unduly interfere with existing easements, nghts-of-way, other utilities, canals, mineral claims or roads L r Section 21-3-340 A 12 -- Adequate electnc, gas, telephone, water, sewage and other utihties exist or shall be developed to service the site This is an unmanned substation on a six (6) -acre site adjacent to County Road 15 lust south of County Road 60 The substation will connect via a gen-tie to an existing 115 -kV Western Area Power Administration (WAPA) Airport —Windsor Tap —Whitney transmission line (circa 1989) The new,substation will serve the new residential development (2000+ homes), apartment complexes, schools, and 'commercial loads between Windsor and Loveland, therefore, utility services are not required post construction M Section 21-3-340A 13 -- The nature and location for expansion of the facibty will not unduly interfere with any significant wddhfe habitat or adversely affect any endangered wildlife species, unique natural resource or hrstonc landmark with►n the impact area Colorado Parks and Wildlife and the State Histoncal Society (History Colorado) did not return referral responses The land uses on the surrounding properties include agriculture and residences The oil and gas development in the area is shown as either abandoned or plugged and abandoned There'is an existing electric transmission that travels east / west is on the southern boundary of the site Tri-State conducted a Class III pedestrian survey of the Project area where infrastructure is planned No sites eligible for listing on the National Register of Historic Places nor were any isolated archaeological finds found on the substation property There are no areas of geologic importance in the vicinity of the Project _ N Section 21-3-340 A 14 -- The nature and provision of service, will not significantly detenorate water or air quality in the impact area The application materials state that the construction, operation, and maintenance of the substation will not has short or long term measurably adverse impact surface or ground water quality The substation will not impact hydrologic flow of either surface water or groundwater, nor will it affect groundwater recharge According to the application, construction and maintenance of the substation would not measurably impact surface water or groundwater quality Additionally, there would be no long-term impacts to surface -water orgroundwater hydrology as a result of construction or operation of the Project No drainages or wetlands occur at the substation site The proposed substation will not impact the flow of groundwater, nor will it affect groundwater recharge There would be no direct impacts to water quality associated with regular operation or maintenance ofthe substation Project construction would not create runoff in excess of previous site levels and would not adversely affect drainage The drainage design was prepared to maintain or improve Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 7 historic flow paths, discharge rates, and water quality Pnor to construction, a Storm Water Permit for Construction Activities would be acquired from CDPHE Minimal water would be used during Project construction Water for construction purposes, including concrete foundations and dust control, would be brought in from off -site sources by a construction water provider The 'source of the construction water would be from either a private well owned by the construction water company or from a municipality No existing water nghts would be impacted, and there would be no long-term use of water If water is needed for revegetation around transmission structures or temporary access roads, the construction water provider would supply the water Construction of the Project is not expected to negatively contribute to the' air quality status in the area There will be no long-term air quality effects associated with routine operation and maintenance of the proposed substation 1' Construction of the substation will last approximately eleven (11) months and will generate less than significant amounts of particulate matter from sod disturbances and diesel -powered equipment Additionally, the construction activities will generate less than significant amounts of carbon monoxide and the precursor pollutants to ozone formation from tailpipe emissions Any air pollutants generated would be widely dispersed across the Project area, short-term in duration, and minimized by the small scale of construction operations for the substation Construction of the substation is not expected to contribute negatively to the air quality status in the area There will be no long-term air quality effects associated with the routine, operation and the, of the substation Once construction activities have been completed, but before vegetation has been re- established, some minor amount of additional dust could occur The generation of dust will be monitored by Tn-State, and appropriate action would be taken to control the dust and ensure that potential wind erosion is minimized 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 Project's site, a six (6) -acre parcel, is crop land that was divided from the northeast quarter of Section 7 The geological and topographic features of the site are adequate for all construction, cleanng, grading, drainage, vegetation and other needs of the facility construction or ;expansion The site is flat There are no significant natural hazards in the area that will affect, or be affected by, the Project The vegetation in the vicinity of the substation can be characterized as agricultural fields Permanent removal of vegetation will occur within the six (6) -acres proposed for the substation Construction will occur primarily in an area that has been previously disturbed by agriculture and impacts to native vegetation communities are expected to be minimal 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 There would be no direct impacts to water quality associated with regular operation or maintenance of the substation A final drainage report is required 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' According to the application, construction and maintenance of the substation would not measurably impact surface water or groundwater quality Additionally, there would be no long-term impacts to surface water or groundwater hydrology as a result of construction or operation of the Project Resolution USR24-0029 Vima Partners, LLC, c/o Tn-State Generation and Transmission Association, Inc Page 8 No drainages or wetlands occur at the substation site The proposed substation will not impact the flow of groundwater, nor will it affect groundwater recharge There would be no direct impacts to water quality associated with regular operation or maintenance of the substation Project construction would not create runoff in excess of previous site levels and would not adversely affect drainage The drainage design was prepared to maintain or improve historic flow paths, discharge rates, and water quality Pnor to construction, a Storm Water Permit for Construction Activities would be acquired from CDPHE Minimal water would be used during Project construction Water for construction purposes, including concrete foundations and dust control, would be brought in from off -site sources by a construction water provider The source of the construction water would be from either a private well owned by the construction water company or from a municipality No existing water nghts would be impacted, and there would be no long-term use of water If water is needed for revegetation around transmission structures or temporary access roads, the construction water provider would supply the water No water would be required for the operation of the substation 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 ' Upon completion the Project will cover approximately six (6) -acres All disturbed areas will be revegetated and noxious weeds will be controlled S Section 21-3-340 A 19 -- The applicant has obtained or will obtain all property nghts, permits and approvals necessary for the proposed project, including surface, mineral and water nghts and easements for drainage, disposal, utilities, access, etc If the applicant has not obtained all necessary property nghts, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such nghts pnor to issuance of a zoning or budding permit by the County Tri-State- is in the process of purchasing the six (6) -acre parcel This 1041 Permit and a CDOT access permit are required The applicant will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water nghts 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 Since this is not a transmission line easements are not required T Section 21-3-340 A 20 -- The proposed project (nonlinear facilities) Will not present an unreasonable nsk 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 matenals, equipment and related items are adequately enclosed by a fence or wall b The likelihood of hazardous matenals or wastes being moved off the site by natural causes or forces c Containment of inflammable or explosive liquids, solids or gases Tn-State has discussed screening options with the surrounding property owners and is proposing to construct an eight (8) -foot architectural wall which will surround the substation No landscaping is proposed Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 9 Matenals will be temporarily stored at the substation site during construction, but there will be no stockpile of wastes on site Dumpsters will be provided for construction waste and will be emptied on a regular or as -needed basis There will be no permanent storage on site All construction waste, including trash and litter, garbage, other solid waste, petroleum products, and other potentially hazardous matenals, will be removed from the site and transported to a disposal facility authorized to accept such matenals The only hazardous chemicals expected to be used on site are those found in diesel fuel, gasoline, coolant (ethylene glycol), and lubricants in machinery Hazardous matenals will not be drained onto the ground or into streams or drainage areas 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 scope and nature of the proposed project will not ,unnecessanly duplicate existing services within the county The Project will be constructed on a six (6) acre parcel The site location was selected primanly due to the location of the existing 115 -kV Western Area Power Administration (WAPA) Airport —Windsor Tap —Whitney transmission line (circa 1989) r , , 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 Iron Mountain Substation (Project) will be constructed on,a six (6) acre parcel created in 2024 from the northeast quarter of Section 7 The substation will remove six (6) acres of crop land from production This surrounding land uses include pastures, crops, and rural residences There are no residences or businesses located on the parent parcel The site location was selected pnmanly due to the location of the existing 115 -kV Western Area Power Administration (WAPA) Airport — Windsor Tap —Whitney transmission line (circa 1989) _ to , The new substation will serve the new residential development including approximately 2,000 single-family residences, apartment complexes, schools, and commercial demands between Windsor and Loveland with electric energy , This recommendation is based, in part, upon a review of the application materials -submitted by the applicant, other relevant information regarding the request, and responses,from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Pnor to recording the map A The PFD24-0001 plat shall be recorded (Department of Planning Services) , B A Road Maintenance Agreement for Construction is required at this location Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes (Development Review) f , C A Final Drainage Report and Certification of Compliance stamped and signed by.a Professional Engineer registered in the State of Colorado is required (Development Review) D The applicant shall acknowledge the comments of the Division of Water Resources, as stated in their referral dated March 12, 2025 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 10 E The applicant shall address the requirements of the State of Colorado Department of Public Health and Environment, as stated in their referral dated January 29, 2025 Wntten evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) F The applicant shall address the requirements of the Colorado Department of Transportation, as stated in their referral dated February 3, 2025 Wntten evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) G The map shall be amended to delineate the following 1 - All sheets of the map shall be labeled USR24-0029 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 -The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 Show and label all recorded easements by book and page number or reception number and date (Department of Planning Services) 5 Show and label the approved Screening Plan (Department of Planning Services) 6 Show and label all' recorded easements and nghts-of-way by book and page number or reception number and date (Department of Planning Services) 7 County Road 15 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of nght-of-way at full buddout The applicant shall delineate and label on the USR map the existing right-of-way (along with its creating documents) and the physical location of the road All setbacks shall be measured from the edge of nght-of- way This road is maintained by Weld County (Development Review) 8 County Road 60 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buldout The applicant shall delineate and label on the USR map the existing right-of-way (along with its creating documents) and the physical location of the road All setbacks shall be measured from the edge of right -of- way This road is maintained by Weld County (Development Review) 9 Show, label, and dimension the approved access, approved access width, and the appropnate turning radii (65') The applicant must obtain an access permit in the approved location pnor to construction (Development Review) 10 Show and label the approved tracking control (Development Review) 11 Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the - , edge of the traveled surface be less than 35 feet (Development Review) 12 Show and label the accepted drainage features Stormwater ponds should be labeled as < ' "Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality and detention volumes (Development Review) 13 Show and label the drainage flow arrows (Development Review) 14 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Development Review) Resolution USR24-0029 Vima Partners, LLC, c/o Tn-State Generation and Transmission Association, Inc Page 11 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a paper map along with all other documentation required as Conditions of Approval The paper map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The Paper map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with Appendix 5-J, Weld County Code Ordinance, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 continuance fee shall be added for each additional three (3) month period (Department of Planning Services) 4 Prior to Construction A The approved access and tracking control shall be constructed prior to on -site construction (Development Review) B Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks (Development Review) C If more than one (1) acre is to be disturbed, a Weld County Grading Permit is required (Development Review) D A Storm Water Permit for Construction Activities will be obtained from Colorado Department of Public Health and Environment (CDPHE) (Department of Planning Services) Motion seconded by Michael Pal¢zi VOTE For Passage Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Against Passage Absent Michael Biwer The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings Certification of Copy I, Knstme Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 6, 2025 Dated the 6"' of May, 2025 R�ad, Kristine Ranslem Secretary Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 12 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Tri-State Generation and Transmission Association, Inc USR24-0029 1 Use by Special Review, USR24-0029, for a 1041 Major Facility of a Public Utility (115/12 47 -kV Substation) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 , Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3, During operation this will be an unmanned facility, as stated in the application matenals (Department of Planning Services) 4 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 5 Lighting shall be mamtained'in accordance with the approved Lighting Plan, as applicable (Department of Planning Services) 6 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 7 The access to the site shall be maintained to mitigate any impacts to the public road, including damages , and/or off -site tracking (Development Review) 8 Therefshall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 9 ,Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 10 'The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction Only (Development Review) 11 The Road Maintenance Agreement for Construction Only for this site may be reviewed on an annual basis, including a site visit and possible updates (Development Review) 12 The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff (Development Review) 13 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 14 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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 15 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, 30-20-100 5, C R S Resolution USR24-0029 Vima Partners, LLC, c/o Tn-State Generation and Transmission Association, Inc Page 13 16 Waste matenals shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code 17 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment) 18 The applicant shall submit an Air Pollution Emission Notice (AP E N) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable (Department of Public Health and Environment) 19 Adequate drinking, handwashing and toilet facilities shall be provided for employees and contractors of the facility, as applicable During construction, portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way (Department of Public Health and Environment) 20 All chemicals must be handled in a safe manner in accordance with product labeling All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations (Department of Public Health and Environment) 21 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment) 22 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, if applicable (Department of Public Health and Environment) 23 Environmental Protection Measures for Construction Projects, as included in the application, shall be adhered to at all times (Department of Public Health and Environment) 24 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 25 Construction office traders and storage trailers and electncal services to the traders are subject to building permits per Section 29-3-10 of the Weld County Code (Department of Building Inspection) 26 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices (Department of Planning Services) 27 Building permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International Budding Codes, 2018 International Energy Code, 2023 National Electncal Code, and Chapter 29 of the Weld County Code A Budding Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) Resolution USR24-0029 Vima Partners, LLC, c/o Tri-State Generation and Transmission Association, Inc Page 14 28 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of Planning Services) 29 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code (Department of Planning Services) 30 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 31 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health' and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carned out on the property comply with the Conditions of Approval and Development Standards stated 'herein and all applicable Weld County regulations (Department of Planning Services) 32 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 (Department of Planning Services) 33 , 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 (Department of Planning Services) 34 Construction or'use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of,County Commissioners when issuing the original Permit, or the Permit shall be vacated 35 This Use by Special Review 'shall terminate when the use is discontinued for a penod of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners,through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified wntten notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit 36 In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown The landowner shall be notified at least ten (10) days prior to the heanng If the Board of County Commissioners determines that the Use by Special Review has terminated, and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated Summary of the Weld County Planning Commission Meeting Tuesday, May 6, 2025 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call Present: Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Virginia Guderjahn Absent: Michael Biwer Also Present: Diana Aungst, Molly Wright, and Angela Snyder, Department of Planning Services; Mike McRoberts and Aaron Maurice, Development Review; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: USR24-0029 Applicant: Vima Partners, LLC, c/o Tri-State Generation and Transmission Association. Inc. Planner: Diana Aungst Request: Use by Special Review Permit for a 1041 Major Facility of a Public Utility (115/12.47-kv Substation) in the A (Agricultural) Zone District. Legal Description: NE1/4 of Section 7, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location. West of and adjacent to County Road 15; approximately 0.75 miles north of U S. Highway 34 Diana Aungst, Planning Services, presented Case USR24-0029, reading the recommendation and comments into the record. Ms. Aungst noted that no written correspondence or telephone calls were received from surrounding property owners regarding this project. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage conditions for the site. Isabella Beshouri; 1100 West 116th Ave, Westminster, Colorado, stated that this project is being proposed to establish a new delivery point for one of Tri-State's members, Poudre Valley Rural Electric Association. The main reason for this project is due to load growth in the area and development is projected to outgrow existing facilities. Therefore to meet the demand for new electric services a substation must either be expanded or a new substation must be built. The new substation was determined from their studies to be the most cost-effective and efficient option due to the length of distribution services and long term efficiency of associated losses. This will be a distribution substation on a six (6) acre site with a two -acre fenced facility footprint. Ms. Beshouri provided simulations of the substation from multiple viewpoints and stated that all of the simulations were shared with the affected surrounding property owners. Ms. Beshouri said that they hope to start construction in December 2025 with the station fully in service in November 2026. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Martin Lind, Landowner, 29486 CR 13, said that Tri-State has accommodated all of the visual concerns that they have asked for and screened the property with a privacy wall. Mr. Lind stated that they understand there are electrical needs for the area and are in support of this project. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. 1 Motion Forward Case USR24-0029 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Virginia Gudegahn, Seconded by Michael Palizzi Vote Motion carned by unanimous roll call vote (summary Yes = 5) Yes Barney Hammond, Butch White, Michael Palizzi, Michael Wades, Virginia Gudegahn Meeting adjourned at 4 00 p m Respectfully submitted, L'141-1449 Knstine Ranslem Secretary 2 ATTENDANCE RECORD EMAIL NAME - PLEASE PRINT LEGIBLY ADDRESS John r Doe 123 Nowhere Street, City, State, Zip I ~ ' lam. k---1 °5 T ��,�Qr first FitJ CO FO C 2 )_...j G 14, aja-t C o yrs 46 . 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