HomeMy WebLinkAbout20191594.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0009, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (A NEW
ABOVE GROUND SINGLE -CIRCUIT 230 KV TRANSMISSION LINE THAT WILL
EXTEND THROUGH 3.9 MILES IN WELD COUNTY) IN THE A (AGRICULTURAL)
ZONE DISTRICT - ROUNDHOUSE RENEWABLES, LLC
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 1st day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Roundhouse Renewables, LLC, 700 Universe Blvd., Juno Beach,
Florida 33408, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0009, for a 1041 Major Facility of a Public Utility (a new above ground single -circuit 230 kV
transmission line that will extend through 3.9 miles in Weld County) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
The transmission line crosses Sections 19, 20, 29,
30 and 31, Township 12 North, Range 67 West and
Section 6, Township 11 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Jeremy Call,
213 Linden Street, Suite 300, Fort Collins, Colorado 80524 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 recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Chapter 21 of the Weld County Code
2. It is the opinion of the Planning Commission 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 proposed
transmission line is located on property under private ownership
and is in a remote and rural setting that will have little to no impact
on the health, welfare, and safety of the citizens of Weld County.
The proposed transmission line is located approximately 0.25 miles
from the nearest residence. The Weld County Sheriff's Office
indicated no concerns, in the referral dated February 14, 2019. No
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referral responses have been received from the Weld County Office
of Emergency Management or the Nunn Fire Protection District.
B. Section 21-3-340.A.2 - The natural and socio-economic
environment of the County will be protected and enhanced. The
applicant conducted an inventory of wildlife habitat, cultural
resources, and other sensitive areas prior to submittal of the
application, which is included with the application submission. The
proposed transmission line will span wetland areas and avoidance
measures will be implemented during construction to avoid
sensitive wildlife impacts (such as raptors and migratory bird nests).
No referral response has been received from Colorado Parks and
Wildlife or History Colorado.
C. Section 21-3-340.A.3 - All reasonable alternatives to the proposed
action, including use of existing rights -of -way and joint use of
rights -of -way wherever uses are compatible, have been adequately
assessed and the proposed action is compatible with and
represents the best interests of the people of the County and
represents a fair and reasonable utilization of resources in the
impact area. The applicant conducted an evaluation (siting study)
of six (6) alternative routes. The siting study consists of an
Alternatives Constraints Study and Alternative Route Comparison
where factors, including, but not limited to, Vegetation and Surface
Water, Wildlife Criteria, Land Use, and engineering criteria were
evaluated and ranked. The preferred route received the highest
overall evaluation score when all categories where scored. The
preferred route follows the existing infrastructure rights -of -way to
the extent practical and is proposed to minimize impacts on existing
agricultural, residential uses and the natural environment.
D. Section 21-3-340.A.4 - A satisfactory program to mitigate and
minimize adverse impacts has been presented. The applicant
conducted an evaluation (siting study) of six (6) alternative routes.
The evaluation study indicates the proposed preferred route
(route 2B) avoids siting within 100 feet of wetlands and involves
only one (1) crossing of a riparian (tied for the lowest number of
crossings for the routes that were evaluated). Additionally, the route
was determined to have the lowest level of additional visual impacts
from recreational trails or Interstate 25, is not located within 200 feet
of any existing residence and has the least number of cultural sites
within 75 feet of the proposed centerline.
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.
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F. Section 22-3-40.B.4 (P.Policy 2.4) states: "Encourage
multi jurisdictional coordination of services and facilities, unless it
will lead to development that is not compatible with other County
Goals and Policies." The proposed powerline will service other
municipalities in Northern Colorado and will assist in improving air
quality in the Northern Colorado region.
G. Section 22-4-50.A (AIR.Goal 1) states: "Maintain National Air
Quality Standards and, where practicable, improve air quality in the
County." The application materials indicate that the project is
estimated to decrease Fort Collins' emissions by up to 10%. Air
quality is not limited to jurisdictional boundaries and is subject to
wind and conditions that can cross county and other jurisdictional
boundaries. Improving air quality in the City of Fort Collins will assist
in improving air quality in the region (including Weld County).
H. Section 22-5-140.A.3 (AE.Policy 1.3) states: "Support the
commercial development and use of wind energy." The proposed
transmission line will connect an existing wind farm in Wyoming to
the Rawhide Electrical Generation plant in Larimer County. The
proposed connection will triple with wind generation capacity for the
Platte River Power Authority in Northern Colorado (Fort Collins,
Loveland, Longmont and Estes Park). The application indicates that
the City of Fort Collins has goals to reduce carbon emissions below
2005 baseline levels (20% by 2020), and the cities of Loveland,
Longmont, and Estes Park have established goals to increase use
or renewable energy sources.
Section 21-3-340.A.6 - The nature and location or expansion of the
facility does not unduly or unreasonably impact existing community
services. The proposed transmission line will cross approximately
3.9 miles into Weld County, in a remote area, and will follow existing
pipeline and rail easements and rights -of -way. No demand for
permanent sewer and water services will be needed. Construction
of roads associated with the project will be minimal and will be used
minimally after the transmission line is constructed. No referral
response has been received from the Nunn Fire Protection District
or the Weld County Office of Emergency Management regarding
this request.
J. Section 21-3-340.A.7 - The nature and location or expansion of the
facility will not create an expansion of the demand for government
services beyond the reasonable capacity of the community or
region to provide such services, as determined by the Board of
County Commissioners. The proposed facility will not result in an
increase in services such as water or sewer/septic. A road
maintenance agreement is a Condition of Approval for this case to
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address any temporary impacts to County roads that are created by
the construction of this transmission line.
K. 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 application indicates that the
proposed transmission line will be designed to operate effectively
and safely under the expected meteorological and climatological
conditions of this area.
L. Section 21-3-340.A.9 - The nature and location of the facility or
expansion will not adversely affect the water rights of any upstream,
downstream or agricultural users, adjacent communities or other
water users. Transmission lines are exempted from the requirement
of a drainage report and detention pond design, per
Section 23-12-30.F of the Weld County Code. The facility will
implement Best Management Practices to minimize the risks of
adverse effects on water resources during construction of the
facility. The application indicates that erosion control measures will
be implemented and inspected after each storm event.
M. Section 21-3-340.A.10 - Adequate water supplies are available for
facility needs. The substation and transmission line facilities are
unmanned. Bottled water and portable toilets will be provided during
construction.
N. Section 21-3-340.A.11 - The nature and location of the facility or
expansion will not unduly interfere with existing easements,
rights -of -way, other utilities, canals, mineral claims, or roads. The
application states that they do not anticipate that the proposed
transmission line will interfere with existing easements,
rights -of -way and other utilities, canals, or mineral interests.
Electrical utilities of record and oil and gas pipeline companies in
the area were sent a referral and no responses have been received.
O. Section 21-3-340.A.12 - Adequate electric, gas, telephone, water,
sewage and other utilities exist or shall be developed to service the
site. This is an unmanned facility.
P. Section 21-3-340.A.13 - The nature and location for expansion of
the facility will not unduly interfere with any significant wildlife
habitat or adversely affect any endangered wildlife species, unique
natural resource or historic landmark within the impact area. The
proposed transmission line will span wetland areas and avoidance
measures will be implemented during construction to avoid
sensitive wildlife impacts (such as raptors and migratory bird nests).
The application states that there are no designated critical wildlife
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habitats in the siting area. The application indicates that the
applicant will conduct surveys for migratory birds and nests. If nests
are found, appropriate timing limitations or distance buffers will be
enacted according to Colorado Parks and Wildlife and United
States Fish and Wildlife recommendation. No referral response has
been received from Colorado Parks and Wildlife and History
Colorado regarding this application.
Q. Section 21-3-340.A.14 — The nature and location or expansion of
the facility, including expected growth and development related to
the operation and provision of service, will not significantly
deteriorate water or air quality in the impact area. The applicant will
implement best management practices to address and minimize
ground disturbance, erosion, soil compaction and sedimentation
during construction of the transmission line. The application
indicates that any soil stockpiles left for more than one (1) week
during construction of the facility will be covered with mulch,
tackifier and/or cover crops to prevent runoff and erosion. The
facility has been sited to avoid disturbance of wetland/water body
features.
R. 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 transmission line has been sited to avoid geologic
hazards and steep slopes. The transmission structures will be
designed to accommodate the geotechnical and soil conditions in
the area.
S. 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. The application indicates that no direct
stormwater discharges will result from the project, and no
disturbance will result to existing streams, lakes or reservoirs.
Measures, such as erosion control, will be incorporated during
construction to avoid/control discharges and avoid impacts on
water quality. The disturbed areas will be seeded, and the applicant
will re -seed, as needed, to control and prevent uncontrolled runoff.
T Section 21-3-340.A.17 — The proposed project will not have a
significantly adverse net effect on the capacities or functioning of
streams, lakes and reservoirs in the impact area, nor on the
permeability, volume, recharge capability and depth of aquifers in
the impact area. The proposed transmission line will not result in
any direct discharge and disturbance to any streams, lakes, or
reservoirs.
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U. 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. No existing cropland will be
crossed/disturbed by the proposed transmission line. The applicant
indicates that there may be some temporary displacement of
livestock grazing. The applicant indicates that they will work with
affected landowners to minimize these disruptions.
V. Section 21-3-340.A.19 — The applicant has obtained or will obtain
all property rights, permits and approvals necessary for the
proposed project, including surface, mineral and water rights and
easements for drainage, disposal, utilities, access, 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. The
application indicates that the applicant is in the process of acquiring
the necessary easements for the project from the three (3) property
owners. Evidence that these easements have been obtained is a
Condition of Approval of this application.
W. Section 21-3-340.A.20 — The proposed project (nonlinear facilities)
will not present an unreasonable risk of exposure to or release of
toxic or hazardous substances within the impact area. The
determination of effects of the project shall include the following
considerations: the means by which outdoor storage facilities for
fuel, raw materials, equipment, and related items are adequately
enclosed by a fence or wall. The likelihood of hazardous materials
or wastes being moved off the site by natural causes or forces.
Containment of inflammable or explosive liquids, solids or gases.
This criterion is not applicable, as this is a linear facility.
X. Section 21-3-340.A.21 — The scope and nature of the proposed
project will not unnecessarily duplicate existing services within the
County. The proposed transmission line will not duplicate existing
services within the county.
Y 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
proposed project is not to meet the needs of an increasing
population in the County. However, the proposed transmission line
is proposed to address the need for electrical power in adjacent
communities in Northern Colorado (Fort Collins, Loveland,
Longmont, and Estes Park).
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Roundhouse Renewables, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0009, for a 1041 Major Facility of
a Public Utility (a new above ground single -circuit 230 kV transmission line that will extend through
3.9 miles in Weld County) in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT) as stated in the electronic referral received
February 5, 2019. Written evidence of such shall be provided to the
Department of Planning Services.
C. A copy of the signed and recorded (construction and post -construction)
easement agreements (or other acceptable authorization from property
owners) shall be submitted to the Department of Planning Services.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0009.
2) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code
3) The attached Development Standards.
4) The applicant shall show and label the final location of the
permanent 150 -foot transmission line easement with dimension of
permanent right-of-way, property ownership, parcel number, all
easements of record, and all physical encumbrances.
5) County Roads 3, 15, 134, 136, and 138 Section Lines are shown to
have 30 feet of unmaintained section line right-of-way, per the Weld
County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan. All setbacks shall be
measured from the edge of the right-of-way. The applicant shall
show and label the Section Line Right -of -Way as "CR 3, 15, 134,
136, or 138 Section Line Right -of -Way, not County maintained."
6) If applicable, the applicant shall show the approved Colorado
Department of Transportation (CDOT) access(es) on the site plan
and label with the approved Access Permit number.
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2. Prior to construction:
A. The applicant shall submit evidence of a right-of-way permit for any work
that may be required in the right-of-way and/or a special transport permit
for any oversized or overweight vehicles that may access the construction
sites.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
4. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The applicant shall be
responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.
7. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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BY:
Deputy Clerk to
Steve Moreno
Date of signature: !r tq
SPECIAL REVIEW PERMIT (USR19-0009) - ROUNDHOUSE RENEWABLES, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datJ �' jCuo,4,k. EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro- em
6
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROUNDHOUSE RENEWABLES, LLC
USR19-0009
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0009, is for
a 1041 Major Facility of a Public Utility (a new above ground single -circuit 230 kV
transmission line that will extend through 3.9 miles in Weld County) in the A (Agricultural)
Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. 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.
5. During construction, there shall be no parking or staging of vehicles on public roads.
6. On -site parking shall be utilized.
7. 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.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
10. During construction, 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, C.R.S. §30-20-100.5.
11. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I, of the Weld County Code.
12. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the transmission line and until ground cover is established. Uses on the
substation property shall comply with the Colorado Air Quality Commission's Air Quality
Regulations.
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13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
14. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
15. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
16. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County -wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
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. 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 to ensure the activities carried out on the property comply with the
Conditions of Approval and 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 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.
22. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
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locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
23. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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