HomeMy WebLinkAbout1.0 Staff Report 2.24.10Exhibits for Public Hearing held on February 24,2010 for a Text Amendment for
1) Additions / Changes to Electric Power generation Facilities and Associated
i nfrastructu re;
2) Clarification to Requirements for Adequate Water Supplies; and
3) Clarification for Legal Descriptions as they relate to Site plans for Limited I Maior
lmpact Reviews and Exemptions.
Exhibit Letter
(A to Z)
A Proof of Publication (already tendered) this is a continued public hearing
B Garfield Countv Unified Land Use Resolution of 2008, as amended
c Garfield County Comprehensive Plan of 2000
D Staff Memorandum dated 2124110
E Proposed Lanquaqe for "Adequate Water Supply"
F PowerPoint Presentation reqardinq Leqal Descriptions on Site Plans
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Exhibit
EXHIBIT
TO:
FROM:
MEMORANDUM
Garfield County Planning Commission
Fred A. Jarman, AICP
Director, Building & Planning Department
RE:
Date:
Proposed Text Amendments to the Unified Land Use Resolution of 2008
(z'd ualf of Batch #1) (Continued Public Hearing)
February 24, zo1.o (Continued from 3/25/09, 5/73/09, 7/22/09 and
9 I 9 / 09, 70 / L4 I 09, tl 73 / 70)
l. Background and Purpose
As expected and anticipated, as Staff has been administering the new Unified Land Use
Resolution of 2008 (the New Code), we have identified substantive conflicts, mis-
references, typographical errors, unintended timelines, and unanticipated omissions of
language and regulatory provisions that did not carry over into the New Code from the
Zoning Resolution of 7978, as amended and the Subdivision Regulations of 1984, as
amended (together known as the Old Code). ln order to resolve these issues, this
memorandum contains a list of proposed amendments to the New Code to address
these identified issues.
Since the last time the Planning Commission met regarding these amendments, the
following specific items were left for Staff to bring back to the Commission which are
listed here for the ease of the reader:
A. Clarify the fairly confusing array of uses related to "Electric Generation Facilities"
and the multitude of associated uses that go along with that use such as
substations, transmission lines, distribution lines, etc. You will find these items
are addressed and suggestions are made in item nos. 3, 7,8, and 9. We believe
this clarifies these issues.
L. Electrical Substation is in Table 3 - 502. Did we mean to eliminate it from Table 3-
501?
Planning Commission Response
The Planning Commission suggested adding "Electrical Substation" as a Limited lmpact
Review in all zone districts in Table 3-501 and as a use-by-right in Public Lands.
Additionally, due to the considerable differences in the definitions and what is listed in
Tables 3-501 and 305-2 as well as the points in the letter from Holy Cross Energy, the PC
asked Staff to bring back a suggested way of incorporating these changes into the Code.
Staff suggests the following:
a. Delete the current definition of "Electric Substation" in Article 16 which currently
states:
ies
designed fer veltage transfermatien, er veltage eentrel ef ele€+rieity in ameunts
@
b. Replace "Electric Substation" with the following:
UTILITY SUBSTATION means anv facilitv designed to provide switchins, voltase
transformation or voltaRe control required for the transmission of electricitv
sixtv-nine (69) kilovolts or greater. (Application review timelines shall follow
process and review requirements set forth in CRS 29-20-108(2). as amended.)
c. lnclude this new use in Tables 3-501 and 3-502 as a Limited lmpact Review in all
zone districts and as a use-by-right in Public Lands and eliminate the term
"Electric Substation" in Table 3-502.
2. lt appears that "Utility Lines" and "Utility Substations" are not allowed at all except
in the Resource Lands. Staff suggests adding the uses to Table 3-501;
PlanninR Commission Response
Additionally, due to the considerable differences in the definitions and what is listed in
Tables 3-501 and 305-2 as well as the points in the letter from Holy Cross Energy, the PC
asked Staff to bring back a suggested way of incorporating these changes into the Code.
Staff suggests the following:
a. Delete "Utility Lines" in Article 16 which currently states:
Utility tines, The physieal means by whieh a utility is transperted frem ene peint
b. Replace "Utility Lines" with the following:
UTILITY DISTRIBUTION FACILITY means anv gas or electric line other than gas
transmission or electrical transmission line as defined herein. and telephone or
telegraph line. cable television line. water line, sewer line. or neighborhood
su bstations.
2
lnclude this new use in Tables 3-501 and 3-502 as a use-by-right in all zone
districts and eliminate the term "Utility Lines" in Table 3-502.
d. Redefine "Utility Substation" in Article 16 which currently states:
Utility Substation
Anv facilitv
designed to provide switching. voltage transformation or voltage control
required for the transmission of electricitv sixtv-nine (69) kilovolts or greater.
(Application review timelines shall follow process and review requirements set
forth in CRS 29-20-108(2), as amended.)
e. Add Utility Substation to Table 3-501.
1, On page 3 33, Staff suggests amended "AeeesE Reutes" in Table 3 501 te alse
inelude "unless reviewed as part ef a timited Review";
PlanninF €emmissio
Plannin€ Cemmissien agreed te amend Aeeess Reutes in Table 3 501 as the fellewing:
These were te be a Use by right in all zenes distriet*
3. On page 3-40: "Major PUC Regulated Electric..." should be either a use-by-right in
the Resource Lands or change the same use in Table 3-501to Limited Review; and
Planning Commission Response
The Planning Commission suggested Staff bring back a suggested way to deal with this
as well as the other electric energy related infrastructure issues. Additionally, due to the
considerable differences in the definitions and what is listed in Tables 3-501 and 305-2
as well as the points in the letter from Holy Cross Energy, the PC asked Staff to bring
back a suggested way of incorporating these changes into the Code. Staff suggests the
following:
a. Delete "Major PUC Regulated Electric or Natural Gas Distribution Facilities" in
Article 16 which currently states:
Majer PU€ Eleetrieal er Natural-Gas Distributien Faeilities, Maier PUC eleetrieal
er natural gas distributien faeilities inelude ene er mere ef the fellswing,
@ies=
ise
l, Struetures and equipment asseeiated with sueh eleetrieal generating
faeilitie$'ubstatiens, er transmissien lines,
gae servi€e in€lud
la+e+a+s=
b. Replace "Major PUC Regulated Electric or Natural Gas Distribution Facilities"
with the following:
ELECTRIC POWER GENERATION FACILIW means anv electric enerev eeneratins facilitv
with generating capacitv of ten (10) megawatts or more, and anv appurtenant facilities
thereto. (Application review timelines shall follow process and review requirements set
forth in CRS 29-20-108(2). as amended.). Such facilities are intended to create
electricity to be delivered to a varietv of consumers beyond the facilitv and are
not constructed specifically for, or accessorv to. the principal use of the subiect
property.
c. lnclude this new use in Tables 3-501 and 3-502 as a Limited lmpact Review in the
Rural, Resource Lands, and Public Lands zone districts and eliminate the term
"Ma.|or PUC Regulated Electric or Natural Gas Distribution Facilities" in Tables 3-
501 and 3-502.
4. Should Electrical Transmission / Distribution Lines be a use-by-right in all of the RL
subzones?
Planning Commission Response
The Planning Commission suggested Staff bring back a suggested way to deal with this
as well as the other electric energy related infrastructure issues. Additionally, due to the
considerable differences in the definitions and what is listed in Tables 3-501 and 305-2
as well as the points in the letter from Holy Cross Energy, the PC asked Staff to bring
back a suggested way of incorporating these changes into the Code. Staff suggests the
following:
a. Delete "Electrical Transmission / Distribution Lines" in Table 3-502 and Article 16
which currently states:
Eleetrie Transmissien tine, A series ef three er mere struetureE and appurtenant
faeilities ereeted abeve greund, supperting ene er me+e eendueters emanating
frem a pewer plant er a substatien; designed te transmit eleetrie energy in
4
Eleetrieal Distributien tine, Struetures and appurtenant faeilities used fer the
distributien ef eleetrie energy in veltages less than 59,000 velts,
b. Add the following definitions for "Electric Power Transmission Lines" in Tables 3-
501 and 3-502 as a Limited lmpact Review in the Rural, Resource Lands, and
Public Lands zone district & "Utility Distribution Lines" in Tables 3-501 and 3-502
as a use-by-right in all zone districts as follows:
ELECTRIC POWER TRANSMISSION LINE means anv power line designed for or
capable of the transmission of sixtv-nine (69) kilovolts of electricitv or Rreater
and which emanates from an electrical power generation facilitv or electric
substation and terminates at a substation. (Application review timelines shall
follow process and review requirements set forth in CRS 29-20-108(2), as
amended.)
UTILITY DISTRIBUTION FACILITY means anv gas or electric line other than gas
transmission or electrical transmission line as defined herein (utilized for the
local distribution of Ras or electric service), and telephone or telegraph line.
cable television line, water line, sewer line, or neighborhood substations.
c. Add the following definition of a "Neighborhood Substation" and place it as a
use-by-right in Tables 3-501 and 3-502:
NETGHBORHOOD SUBSTATION means anv facilitv used for the purpose of
reducins voltaees to levels of less than sixtv-nine (59) kilovolts, for distribution to
individual users.
5. Add "revoking" authority and process for Land Use Change Permits and rezonings /
PUDs;
Planning Commission Response
It was determined that this was not needed as it was already properly dealt with in the
Code.
6. 4d6l "Gas Transmission Line": Gas main or gas laterals used in the local distribution
of natural Ras service.
7. Staff has identified needed changes within sections of the code regarding water
supply that need your specific and immediate attention. Please see attached Exhibit
_ for your review of proposed language regarding adequate water supply.
8. Staff has also identified some issues concerning when legal descriptions for certain
types of sites plans are and should be required. Please see the attached PowerPoint
Presentation. Staff presented these concepts to the BOCC on 2lL6/10 and they
directed Staff to suggest changes which are as follows;
sEcTtoN 4-502 DESCRIPTION OF SUBMITTAL REQUIREMENTS
C. MAPS AND PLANS
2.0 VICINITY MAP.
An 8% x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the parcel and the boundaries of the subject site prepe+ty and all
property within a 3-mile radius of the subject parcel
3.0 SITE PLAN.
a. Legal description of the subiect site p+€p€r+y.
b. Boundary lines, corner pins, and dimensions of the subject site for the proposed
land use change permit p+€p€rty, including land survey data to identify the subiect
site pa+eel with section corners, distances and bearing to corners, quarter corners,
township and range.
sEcTtoN 5-502 DESCRIPTION OF SUBMITTAL REQUIREMENTS FOR EXEMPTIONS
C. MAPS AND PLANS
2.O VICINITY MAP.
An 8% x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the parcel and the boundaries of the subject site p+epe+ty and all
property within a 3-mile radius of the subject parcel
7.O MINOR, MAJOR, ROAD SPLIT EXEMPTION PLAT.
d. Legal description of the subiect site
e. Boundary lines, corner pins, and dimensions of the subject site for the proposed
land use change permit p+€p€r+y, including land survey data to identify the subiect
site pa+eel with section corners, distances and bearing to corners, quarter corners,
township and range.
Staff suggests that the following language be added to Section 5-502(C)(7)(e) as follows:
lf an exem0tion is sought on a propertv where a single-familv dwelling exists which is
presentlv served bv water. wastewater. and access, the required legal description as
described in 5-502(C)(7)(e) mav onlv applv to the new lots created bv the Exemption
process.
Fred Jarman
From:
Sent:
To:
Subject:
Attachments:
Deb Davis IDDavis@postindependent.com]
Monday, January 18, 2010 2'.12 PM
Fred Jarman
RE: Public Notice for Code Amendments to BOCC for second half of batch 2
reso200SReceipts.pdf; Reso2008 File.pdf
Hello Fred
Hereis your notice thot will run 1x in the Citizen Telegrom on Januory 28 and 1x in the Post fndependent on
Jonuory 28. The cost is $31.37 ond hos been billed to Account #1008693, Garlield County Building. f hove
ottoched copies for you to review. f will send you the Proof of Publicotion towords the end of next month.
Thonks ond have o greot doy.
From : Fred Ja rman fmailto :fi arman@garfield-cou nty.com]
Sent: Monday, January 18, 2010 10:48 AM
To: Deb Davis
Subject: Public Notice for Code Amendments to BOCC for second half of batch 2
Hi Deb,
Here is another public notice that I need to have run in the Citizen Telegram and the Pl at least 30 days priorto March
1't, 2010. Please send the bill to the Garfield County Building and Planning Department.
Thanks!
Fred