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Home My WebLink About3.0 Memorandum 6.7.10'--\Y.l(t V MEMORANDUM Garfield County Board of County Commissioners Fred A. Jarman, AICP, Director, Building & Planning Departme ^, (5 Proposed Text Amendments to the Unified Land Use Resolution of 2008 (z'd tlolf of Batch #1) tltat oddresses uses dssociated with Electric P-ower Generation Facilities{wfr"n Legal Descriptions Should be Require/ t /, r^ \ .)-- June 7,2010 ---A'' a TO: {f, ,*o*, RE: Date: I. 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 L978, 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. This set of amendments specifically clarifies 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. Attached to this memo you will also find a letter from Holy Cross Electric which helped support these changes and worked with the Planning Commission in their public hearing for what is being presented to you. L. Electrical Substation is in Table 3 - 502. Did we mean to eliminate it from Table 3- 501? Planning Commission Recommendation The Planning Commission recommended adding "tffiri€al 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 3-50L and 305-2 as well as the points in the letter from Holy Cross Energy, the Planning Commission recommends the following: a. Delete the current definition of "Electric Substation" in Article 16 which currently states: ' ,,ll'\ b. Replace "Electric Substation" with the following: UTILITY SUBSTATION means anv facilitv designed to provide switching, voltaHe 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.) 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. "Utility Lines" and "Utility Substations" are not allowed at all except in the Resource Lands. The Planning Commission recommended adding the uses to Table 3-501; Planning Commission Recommendation 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 Planning Commission recommends the following: a. Delete "Utility Lines" in Article 15 which currently states: b. Replace "Utility Lines" with the following: UTILITY DISTRIBUTION FACILITY means anv eas or electric line other than Has gathering, transmission lines or electrical transmission lines as defined herein, and telephone or telegraph line, cable television line, water line. sewer line, or neighborhood substations. 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. is eenverted; as frem A€ te De, veltage is stepped up er dewnr ete' Anv facilitv' designed to provide switching, voltage transformation or voltage control required for the transmission of electricitv sixtv-nine (69) kilovolts or greater' \t N.i!\ ..$ \)\\\ (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. 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 Recommendation The Planning Commission recommends the following: a. Delete "Major PUC Regulated Electric or Natural Gas Distribution Facilities" in Article 16 which currently states: Majer PUG Eleetrieal er Natural Gas Distributien Faeilitie+ Majer PUe eleetrieal er natural gas distribu*ien fae ilities inelude ene er mere ef the fellewing' @i€s= 4, Struetures and equiBment asseeiated with sueh eleetrieal generating faei lities; su bstatiens, er tra nsm issien--lines, lat€ffiTs' b. Replace "Major PUC Regulated Electric or Natural Gas Distribution Facilities" with the following: ELECTRIC POWER GENERATION FACILITY means anv electric enerev generatinR facilitv with generating capacitv of ten (10) meEawatts or more. and anv appurtenant facilities thereto. Facilities than generate less than ten (10) megawatts shall be considered as uses bv right. (Application review timelines shall follow process and review requirements set forth in CRS 29-20-108(2). as amended.) Wind Powered Electric Generator & Solar Power Generating Svstems are specificallv regulated elsewhere in Tables 3-501 and 3-502. 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 "Maior PUC Regulated Electric or Natural Gas Distribution Facilities" in Tables 3- 501 and 3-502. \{d .il* \ J 4. Should Electrical Transmission / Distribution Lines be a use-by-right in all of the RL subzones? PlanninE Commission Recommendation The Planning Commission recommended the following: Delete "Electrical Transmission / Distribution Lines" in Table 3-502 and Article 16 which currently states: ries ef three er mere -trueture. and appurtenant faeilities ereeted abeve greund;-"upperting ene er mere eendueters emanating frem a pewer plant er a substatien; designed te transmit eleetr;e energy in El€€trieal Distributien tine. Struetures and appurtenant faeilitie. used fer the distributien ef eleetrie energy in veltages less than 69,000 velts, 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 desiened for or capable of the transmission of sixtv-nine (69) kilovolts of electricitv or Hreater 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 sas or electric line other than sas lines, transmi or electrical lines as defined in (utilized for istribution of service), and 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: less than si for distributi Add "Gas Transmission Line": Gas main or gas laterals used in the local distribution of natural gas service. a. b. \t.s ,.I \ (,:-- J \S $l s \ NEIGHBORHOOD SUBSTATION means anv facilitv used for the purpose of individual users. 4 II. PLANNING COMMISSION RECOMMENDATION & RECOMMENDED MOTION On March 24,2O1O, the Planning Commission unanimously recommended the Board of County Commissioners approve the proposed amendments to the text of the Unified Land Use Resolution of 2008, as amended. III. RECOMMENDED MOTION "l would like to make a motion to approve the text amendments recommended bv the Planning Commission presented bv Staff with the following findings:" t. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. That the application has met the public notice and public hearing requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 3. That the proposed text amendments have been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The proposed text amendments are consistent with applicable standards of the Unified Land Use Resolution of 2008, as amended, and complies with the Garfield County Comprehensive Plan of 2000, as amended. 5. The proposed text amendments do not conflict with State statutory provisions regulating land use. 5