HomeMy WebLinkAbout2.0 Staff Report & Exhibits BOCC 07.13.2020Garfield County Board of County Commissioners
Public Meeting Exhibits
Xcel Energy - Unlisted Use Determination
July 13,2020
Exhibit
Number
Exhibit Description
1 Staff Memorandum
2 icant's uest & Res nse to Review Criteria
3 Draft Resolution of roval for BOCC Consideration
4
5
6
Guffield Coúlnty
Community Development Department
.MEMORANDUM
To:Garfield County Board of County Commissioners
From: Patrick Waller, Senior Planner
Date: July 13,2020
Subject:Board Determination of an Unlisted Use for a Temporary Construction Fly
Yard - Transmission Line Maintenance
I. BACKGROUND
Pursuant to Section 3-402 (C) of the Garfield County Land Use and Development Code,
as amended (the Code), where a particular use type is not specifically listed in the use
table, an Applicant may request an interpretation of the use table. Provision 3-402
(CX1Xb) allows the Director to refer the decision to the Board of County Commissioners.
Xcel Energy has applied to the Garfield County for an interpretation for the Unlisted Use
of a Temporary Construction Fly Yard. Xcel would like to use the Temporary Construction
Fly Yard from approximately July 13, 2020 to July 30, 2020 - with active construction
taking place approximately one week within the time period. The Temporary Construction
Fly Yard would be used to receive and store replacement transmission line structures.
During the construction phase the yard would be used to pick up the materials with trailers
and helicopters. Xcel has secured a Temporary Construction Easement with the
landowner J&S Nieslanik LLLP.
The Temporary Construction Fly Yard will be used as part of a maintenance project for
the replacement of transmission structures on the companies 9256 Transmission Line'
These replacements are required to ensure that the line meets federally mandated
separation req u irements.
T
Q xcetenergy'
Excerpt of Applicant's Vicinity Map
II. APPLICABLE CODE SECTIONS - STAFF ANALYSIS
The following sections of the Code are relevant to the interpretation. Staff responses are
in Bold
Section 3-101 A. Rural (R).
The Rural Zone District is comprised of the County's rural residential areas, agricultural
resource lands, agricultural production areas, and natural resource areas. Uses,
densities, and standards established for this zone district are intended to protect the
existing character of the area from uncontrolled and unmitigated residential, commercial,
and industrial use. The zone district provides for the use of natural resources, recreational
development, rural residential, and other uses'
The existing transmission line has been in place for a significant period of time,
with the applicant representing that the Iine was originally put in place by the
Gentral Colorado Power Gompany, with easements dating back to 1908. The
maintenance and use of transmission lines is a standard use within the Rural Zone
District. The temporary nature of the proposed use helps protect the zone district
from unmitigated and uncontrolled uses.
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Section 3-402 (C)
1. Standards for Approving Unlisted Uses. ln order to determine if the proposed
use(s) has an impact that is similar in nature, function, and duration to the other
use types allowed in a specific zone district, the reviewing body shall assess all
relevant characteristics of the proposed use including, but not limited to, the
following:
a. The volume and type of sales, retail, wholesale, etc.;
No sales, retail, or wholesale will be occurring on the site.
b. The size and type of items sold and nature of inventory on the premises;
No items will be sold on the property.
c. Any processing done on the premises, including assembly, manufacturing,
warehousing, shipping, and distribution;
The applicant has indicated that temporary transmission line structures will
be assembled on the ProPertY.
a. Any dangerous, hazardous, toxic, or explosive materials used in the
processing;
The applicant has indicated that no dangerous, hazardous, toxic, or
explosive materials will be used at the Temporary Gonstruction Fly Yard.
b. The nature and location of storage and outdoor display of merchandise,
whether enclosed, open, inside, or outside the principal building;
predominant types of items stored (such as business vehicles, work-in-
process, inventory and merchandise, construction materials, scrap and
Junk, and raw materials, including liquids and powders);
Equipment and materials consistent with the maintenance project will be on
the site. This includes lineman and bucket trucks as well as material trailers.
c. The type, size, and nature of buildings and structures;
No building or structures will be located at the Temporary Gonstruction Fly
Yard.
The number and density of employees and customers per unit area of site
in relation to business hours and employment shifts;
d
3
g
The applicant has indicated that there will be material deliveries one to two
weeks prior to construction and during construction three to six crew trucks
will operate from the site. Helicopter operations will include four to six flights
per day in and out of the Temporary Gonstruction Fly Yard.
e.Transportation requirements, including the modal split for people and
freight, by volume type and characteristic of traffic generation to and from
the site;
The only transportation to and from the site will be material delivery and
maintenance crews.
f.Trip purposes and whether trip purposes can be shared by other use types
on the site;
The only transportation to and from the site will be material delivery and
maintenance crews.
Parking requirements, turnover and generation, ratio of the number of
spaces required per unit area or activity, and the potential for shared parking
with other use types;
Only temporary parking will occur on the site'
h. The amount and nature of any nuisances generated on the premises
including, but not limited to, noise, smoke, odor, glare, vibration, radiation,
and fumes;
Temporary construction traffic, noise, and potential dust will be present for
approximately one week during construction.
i. Any special Public Utility requirements for serving the proposed use type
including, but not limited to, water supply, wastewater output, pretreatment
of wastes and emissions required or recommended, and any significant
power structures and communications towers or facilities; and
No utilities will be extended to the site because of its temporary nature.
The impact on adjacent lands created by the proposed use type, which
should not be greater than that of other use types in the zone district.
j
4
2.
The applicant has indicated that the yard will be located at least 0.25 miles
from neighboring residences. The use is temporary, with heavy use of the
site occurring for only one week as indicated by the applicant. Based on the
temporary nature of the facility and its location in a rural area the impact on
adjacent lands is not greater than other types of uses in the zone district.
lf a proposed unlisted use is not subject to interpretation pursuant to this section,
an Applicant may request a text amendment pursuant to Section 4-114, Code Text
Amendment.
Based on the short time frame, an unlisted use subject to interpretation is
the correct avenue for the request. Staff is working on a Text Amendment to
allow these types of uses with appropriate review in the future.
III. STAFF ANALYSIS & RECOMMENDATION
The Temporary Construction Fly Yard is not a specifically listed use in Table 3-403, but
is similar to other uses in the Rural Zone District allowed by-right. These uses include a
Small Temporary Employee Housing Facility, Utility Distribution Facilities, and
Neighborhood Substation. The proposed use will also operate in a similar nature to a
Small Contractor's Yard, a use that is allowed through an Administrative approval in the
Rural Zone District. This use was originally considered for the project, however, the short
time frame and lack of a permanent use on the property help support the processing the
application through the Unlisted Use process.
The Temporary Construction Fly Yard will have impacts, but those impacts will be limited
based on the temporary nature of the use. The impacts, including transportation and
helicopter activity, are consistent with the requirements for maintenance of the existing
transmission line. Additionally, the specific nature of this location and proposal - further
than 0.25 miles from the nearest residence, in a rural location, and with construction being
completed by a major utility company - help support the approval of the use. Additionally,
the proposal is necessary to maintain and bring up to standards an existing transmission
line. The applicant has previously used this property for the same use and Staff has no
evidence of past complaints.
Staff understands that the Temporary Construction Yard is a missing use within the Land
Use Code. A new group of Text Amendments are being prepared and Staff is considering
including an abbreviated review process for a Temporary Construction Yard kind of use
for the Board of County Commissioners consideration'
5
Staff recommends that the Board of County Commissioners approve the applicants
request for a by-right tíntisted lJse tnterpretation for a Temporary Construction FIy Yard
with the foltowing findings and condition of approval:
Findings:
1. Based on the applicant's representations and submittals, the Unlisted Use
determination for a Temporary Construction Fly Yard has adequately met the
requirements of the Land lJse and Development Code, particularly with regards to
Section 3-402 for Untisted Uses; including that the proposed use has an impact
that is similar in nature, function, and duration to other use types allowed in the
RuralZone District.
2. The proposed use is in the best interest of the health, safety, convenience, order,
prosperity, and welfare of the citizens of Garfield County-
Condition of Approval:
1. Att representations made by the Appticant in the application shall be conditions of
approval.
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o XcelEnergy"'Siting and Land Rights
1800 Lar¡mer Street, Suite 400
Denver, Colorado 80202-4256
PUBLIC SERVICE COMPANY
July 1,2020
Via email
Patrick Waller, AICP
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Public Service Company of Colorado/Xcel Energy - Request for Unlisted Use
Determination - Temporary Construction Fly Yard - Transmission Line Maintenance
Dear Mr. Waller,
Public Service Company of Colorado (PSCo), a Colorado Corporation doing business as Xcel
Energy, is requesting Board of County Commissioner (BOCC) review and determination for a
Director referred unlisted use (Garfield County Land Use Development Code (LUDC) 3-402
Cl(b) of a temporary construction fly yard (TCFY) required to complete critical operation and
maintenance work on PSCo's 9256 transmission line. The TCFY is located off of Red Canyon
Road on parcel 218735200050, owned by J & S Nieslanik LLLP (see Exhibit l). The TCFY
would be used from approximately July 13, 2020 to July 30, 2020. Active construction would
occur for approximately one week within this time period. The TCFY would be used hrst to
receive repiacement transmission line structure materials (materials). During construction, the
TCFY would be used to pick up materials with trucks and trailers and a helicopter. Old materials
would be placed in the TCFY and hauled offsite for proper disposal.
PSCo has entered into a Temporary Construction Easement (TCE) with J & S Nieslanik LLLP.
The TCE was executed on April27,2020 and is valid from July 1,2020 to September 1,2020.
Use of lands adjacent to the Hopkins substation and the 9256 transmission line were explored but
were not viable due to: 1) spatial and terrain constraints, 2) landscape congestion from existing
transmission lines that would make aerial operation unsafe, and 3) BLM's approval timeframe
and requirements. We have analyzed the standards for approving unlisted uses (Garfield County
Land Use Development Code 3-402 C2(a-m)) and our responses are included below.
1
Standards for Approving Unlisted Uses.
In order to determine if the proposed use(s) has an impact that is similar in nature, function, and
duration to the other use types allowed in a specific zone district, the reviewing body shall assess
all relevant characteristics of the proposed use including, but not limited to, the following:
a. The volume and type of sales, retail, wholesale, etc.;
i. Not applicable, no sale will occur at the Temporary Construction Fly Yard
(rcFY).
b. The size and type of items sold and nature of inventory on the premises;
i. Not applicable, no sales will occur at the TCFY.
c. Any processing done on the premises, including assembly, manufacturing, warehousing,
shipping, and distribution;
i. Temporary transmission line structure assembly will occur at the TCFY.
d. Any dangerous, hazardous, toxic, or explosive materials used in the processing;
i. No dangerous, hazardous, toxic, or explosive materials will be used at the TCFY.
e. The nature and location of storage and outdoor display of merchandise, whether enclosed,
open, inside, or outside the principal building; predominant types of items stored (such as
business vehicles, work-in-process, inventory and merchandise, construction materials,
scrap and Junk, and raw materials, including liquids and powders);
i. Transmission line structure materials (such as transmission line poles, crossarrns
and other materials) and equipment such as linemen trucks, bucket trucks,
material trailers, and other equipment will be temporarily staged at the TCFY.
f. The type, size, and nature of buildings and structures;
i. No building or structures will be located at the TCFY.
g. The number and density of employees and customers per unit area of site in relation to
business hours and employment shifts;
i. Three material deliveries will occur I -2 weeks prior to construction. During
construction three to six crew trucks will be visiting the TCFY. Work will be
completed during daylight hours with crews typically meeting in the morning and
late afternoon at the TCFY. Helicopter operations will occur during construction
and will likely complete four to six flights per day in and out of the TCFY.
h. Transportation requirements, including the modal split for people and freight, by volume
type and characteristic of traffic generation to and from the site;
i. Three material deliveries will occur I -2 weeks prior to construction. During
construction three to six crew trucks will be visiting the TCFY. Work will be
completed during daylight hours with crews typically meeting in the morning and
late afternoon at the TCFY. Helicopter operations will occur during construction
and will likely complete four to six flights per day in and out of the TCFY.
i. Trip purposes and whether trip purposes can be shared by other use types on the site;
i. Trips to the TCFY would be for material deliveries and to bring crews onsite.
Shared trips are not applicable to the TCFY.
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j. Parking requirements, turnover and generation, ratio of the number of spaces required per
unit area or activity, and the potential for shared parking with other use types;
i. Temporary, intermittent parking would occur at the TCFY for approximately two
weeks during the use of the TCFY.
k. The amount and nature of any nuisances generated on the premises including, but not
limited to, noise, smoke, odoro glare, vibration, radiation, and fumes;
i. Temporary, intermittent construction traffic, noise, and potential dust would be
present for approximately one week during active construction.
l. Any special Public Utility requirements for serving the proposed use type including, but
not limited to, water supply, wastewater output, pretreatment of wastes and emissions
required or recommended, and any significant power structures and communications
towers or facilities; and
i. No public utility requirements are needed to service the TCFY. If PSCo does not
complete the maintenance required to fix the identified defective structures on
line 9256, the safe and reliable operation of the 9256 transmission line is at risk.
m. The impact on adjacent lands created by the proposed use type, which should not be
greater than that of other use types in the zone district.
i. The TCFY would not create impacts greater than the uses currently in the zone
district due to the short duration and temporary nature of the work. The proposed
work locations are 0.25 miles or more from residences. Routine maintenance
occurs on the other existing transmission lines in the area as well as at the
Hopkins substation. These are common activities in the area, required to safely
operate PSCo' s electric transmission infrastructure.
Per Garfield County LUDC 3-402 A, Use Table (Table 3-403), the Nieslanik TCFY use is not a
listed use in the Utilities Use Category/Use Type - Transmission Lines which is why we are
making this request. Since 3-402 A, states that the Use Type classifrcations in the Use Table do
not list every use or activity that may appropriately exist within each category. In reviewing our
request for unlisted use, consideration under the code is to be given to (1) the oopurpose and
intent" of the code regarding the zone district involved (rural zone district here), (2) the character
of the uses specifically identifîed (i.e., utility/transmission lines), and (3) the character of the use
in question (i.e., the temporary staging area). Even though the Nieslanik TCFY is not a listed use
in the Use Table, it is nevertheless an appropriate use type that is incidental and ancillary to the
allowed maintenance and repair of the transmission line. The TCFY will have no greater impact
than other uses which are listed in the Use Table. Based on the information presented above, we
request the Nieslanik TCFY be approved as a "Unlisted Use" by the BOCC.
3
ehf"'c
I am available at your convenience to assist in the review and determination of unlisted use
for PSCo's Nieslanik Temporary Construction Fly Yard.
Thank you,
Carly Rowe
Xcel Energy I Responsible By Nature
Manager, Siting and Land Rights
1800 Larimer St, Suite 400 Denver,CO 80202
P: 303.571.7088 C: 303.520.0043
E : carly.r.rowe@xcelenergy.com
Attachments:
. Nieslanik Fly Yard Exhibit
CC: Julie Stencel
Matt Langan
4
EñàL:!2IE2=u3octRcutT 9256Nieslanik Fly Yard2û2û fl/*rk Fian@ XcelEnergy.Ga rf iel(tË) Ef(¡?)LEGENDI Hopk¡ns SubstationLoæl RoadI niestanit rtv Yaro;-- I earcasBL|\ilEx¡st¡ng Transmiss¡on L¡nes115 kV- 230 kv- 69kV20 M¡les'10^A.NORTH50\/A\-rEY21873510a01,'lFiAYES, FAIRiCKT & JEA\]i\IE C2137351CO81AWELDOi\2'tZT3eZAtCCBBisiVÌ,ARK PEf rlTNOËL & JOAhlllA2187342tC195SAIÚiJELSCN, RAUNE & GAYLE L21e7341.C4134.\i[:SLANiK, lãADA & TCN!.'P, L2'167352CtASC2ie726,3L0156RED CANYO\TRUSii&si\]IÊSLÄ,NiK21COi\¿?Ê,NY'OF CCLORA'Coi./ Ê R"./iE,,/v i-{o ivì:c '/'JN aRsASSOCiAtiCI\2i¿735¿C"173RIC K,a. r.7ia^l.1l a t2'tô73e30c455KERST JARÊD &:l .=lr; ;ÊltY /r21t7343a0i83CCLCRA)C i,NOUÑ¡A:NJ!NIOR CCLLÊGE trIS'RICi2i873t 4Ct159ú@REI¡ liCilf21ä7344t3i53JEFF &.8NiESiS\iK,JEFF & BiìiTTCI{:ss&I,!,ACK'NZiEz', zz zs +a t)as,.!1UR!Ï|12. 3ARBARAiìivcc.a3LE rRi..isl2. A7 a5 ¿".û iite-&i FRAt¡;i\iG2'.&73E3Ca't65SEYI,I]CJR, JUS''I\If,JIilffi'T-W\s'izlexlzocotzi&si\IESLAi\¡K LLLPuIIi239 3û2't AA 4i1¡]U¡ì',{iTZ B¡.RBARAREVCCAEL' -iIìUS12293C22C4473AUREAÚ CF IÁ.I{ÙY4\49!l€rr''iJAFF- Fþ.I.üILY,
STATE OF COLORADO
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 161h day of July,2020,there were present:
)
)ss
T^L- l\lfarfin Commissioner Chairman
Commissionerl\rfil¿c Sorn
Tom - Commissioner
Tori \l/illiqtn County Attomey
Assistant County Attorney
Clerk of the Board
County Manager
Kellv Cave
IZar¡in Elofnh 1t1on
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.
A RESOLUTION OF APPROVAL FOR A REQUEST FOR AN UNLISTED USE
INTERPRETATION FOR A TEMPORARY CONSTRUCTION FLY YARD TO BE
LOCATED AT 7203 COUNTY ROAD 115, GLENWOOD SPRINGS, COo 81601 AND rN
SECTION 35, TOW\SHIP 65, RANGE 88\il OF THE 6rH PRINCIPAL MERIDIAN,
GARF'IELD COUNTY.
PARCEL NUMBER: 2 I 87 3 5 200050
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a request for an unlisted use interpretation for a Temporary Construction Fly Yard.
B. The Temporary Construction Fly Yard will be located at7203 County Road 115,
Glenwood Springs, CO 81601,
C. The subject property is located within unincorporated Garfield County in the Rural zone
District.
D. The proposed is not listed within Garfield County Land Use and Development Code
(LUDC) Use Table as described in Section3-403 of the LUDC.
1
E. Pursuant to Section 3-402 of the LUDC, the Board of County Commissioners is
authorized to approve or deny a request for an interpretation of the use table regarding an unlisted
use. To upptolr", the Board shall determine if the proposed use has an impact that is similar in
nature, function, and duration to the other use types in the specific zone district.
F. The Board reviewed the request in a public meeting on the l6th day of July 2020,during
which the public and interested persons were given the opportunity to express their opinions
regarding the request.
G. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing has made the following determination of fact:
1. Based on the applicant's representations, the Unlisted Use determination for a Temporary
Construction Fly Yard has adequately met the requirements of the Land Use and
Development Code, particularly with regards to Section 3-402 for Unlisted Uses; including
that theproposed use has an impact that is similar in nature, function, and duration to other
use types allowed in the Rural Zone District.
2. The proposed use is in the best interest of the health, safety, convenience, order, prosperity,
and welfare of the citizens of Garfield County.
RESOLUTION
NOW THEREFORE' BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The request for a Temporary Construction Fly Yard is approved as an Unlisted Use and is
considered a by-right use in the Rural Zone District subject to compliance with the
following conditions:
Conditions of Approval
1. All representations made by the Applicant in the application and in the presentation in front
of the Board of County Commissioners shall be conditions of approval.
Dated this day of A.D. 20
2
ATTEST:
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
GARFIELD CQLINTY
COMMISSIONERS,
COUNTY, COLORADO
BOARD OF
GARFIELD
JO Aye
Aye
Aye
rtaìl\/fl\íTssT '[\/ÍTT¿E S,^.I\/ÍSÔN
CO SIr)Ntr-R TOM J NKÕVSKY
STATE OF COLORADO )
)ss
)County of Garfield
I, , County Clerk and ex-officio Clerk of the Board of
County and State aforesaid, do hereby certiff that the
*tr.*"d and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of county commissioners for said Garfield county, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this
-
day of A.D. 20_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
J