Meeting Date: March 20, 2018 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Action Items Work Plan # Legal Review: 1 st Reading 2 nd Reading Subject: A resolution approving the final design for the Development Permit for 7.6 acres of land generally located at the southeast corner of Holly Street and East 120th Avenue to develop an Electric Substation pursuant to Chapter 18 of the Thornton City Code (Snydal Xcel Substation). Recommended by: Jeff Coder Approved by: Kevin S. Woods Ordinance previously introduced by: Presenter(s): Grant Penland, Current Planning Manager SYNOPSIS: On July 11, 2017, City Council approved an Annexation Agreement Amendment, a Comprehensive Plan Amendment, a Rezoning, a Conceptual Site Plan, and Development Permit/Specific Use Permit (DP/SUP) for the Snydal Xcel Substation generally located at the southeast corner of the intersection of Holly Street and East 120th Avenue. A condition was added to the Approval Resolution for the DP/SUP - "Final design review and approval by Council to be approved as a later Action Item." The final design review was related to the height of the proposed static masts, which protect the substation from lightning strikes. The Annexation Agreement Amendment allows the static masts to be up to 60-feet high. RECOMMENDATION: Staff recommends Alternative No. 1, approval of the resolution to allow eight 46-foot high static masts. BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: 1. Approve the Snydal Xcel Substation with eight 46-foot high static masts. 2. Approve the Snydal Xcel Substation with seven 50-foot high static masts. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): The City retained the services of an independent consultant to study the modeled Electro Magnetic Field (EMF) levels at the proposed substation. This same consultant was engaged to perform a lightning protection analysis for the proposed substation. Xcel Energy provided a report describing their analysis of lightning protection alternatives. Xcel's alternatives included both the 46-foot high static masts and the 50-foot high static masts. The consultant concluded that Xcel's options represented acceptable lightning protection design for the substation and recommended that the City request the option with eight 46-foot masts as the final lightning protection design for the station. While Xcel indicates that seven 50-foot masts is their preferred option, the consultant believes that the City's desire to minimize the height of the lightning masts can best be achieved by choosing the eight 46-foot high masts option.
COUNCIL COMMUNICATION PAGE 2 The single additional mast is in the middle of the substation and therefore would be less visible from outside the substation wall. Xcel responded to the consultant's evaluation with a letter and photo simulations and persevere in their preference for seven 50-foot high masts. This letter and the photo simulations are attached to this Communication. The original submittals from Xcel and the analysis from the City's consultant are also attached to this Communication. Xcel has submitted a revised design, depicting the eight, 46-foot high masts option for City Council consideration (attached). HISTORY: The property was annexed and the Annexation Agreement was approved on January 28, 2014, by Ordinance No. 3282 and zoned Neighborhood Services (NS), by Ordinance No. 3283. A Conceptual Site Plan (CSP) was approved by C.D. No. 2014-010 on January 14, 2014, conditioned upon the successful annexation and zoning of the property as well as a future detailed CSP. A Comprehensive Plan Future Land Use Map Amendment to change the designation from Residential Low to Commercial was also approved on January 14, 2014, by C.D. No. 2014-009. A Comprehensive Plan Amendment, Conceptual Site Plan, and DP/SUP for the site were approved by City Council on July 11, 2017, by C.D. No. 2017-131, C.D. No. 2017-132, and C.D. No. 2017-133, respectively.
R E S O L U T I O N A RESOLUTION APPROVING THE FINAL DESIGN FOR A DEVELOPMENT PERMIT FOR 7.6 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF HOLLY STREET AND EAST 120TH AVENUE TO DEVELOP AN ELECTRIC SUBSTATION PURSUANT TO CHAPTER 18 OF THE THORNTON CITY CODE (SNYDAL XCEL SUBSTATION). WHEREAS, Public Service Company of Colorado (PSCo dba Xcel Energy) is the owner (Owner) of certain real property (Property) within the City of Thornton (City), commonly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, on July 11, 2017, City Council approved a Development Permit/Specific Use Permit (DP/SUP) for the Snydal Xcel Substation; and WHEREAS, a condition was added to the Approval Resolution for the DP/SUP which required that the final design review be approved by City Council as a later Action Item; and WHEREAS, the DP maps in Exhibit B, Analyses in Exhibit C, and all supporting documents attached thereto, are hereby incorporated as if fully set forth herein; and WHEREAS, on July 11, 2017, a public hearing was conducted before the City Council on said application pursuant to the procedural and notice requirements of the City Charter and Chapter 18 of the Thornton City Code, and the Council having considered the evidence presented in support of and in opposition to the application, and so having considered the record and having given appropriate weight to the evidence. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. That City Council hereby approves the final design for the DP for the Property, subject to the following conditions: The DP/SUP shall be null and void in the event that no building permit is applied for on the Property within three years of approval. Once a Certificate of Occupancy has been issued for the Property, the DP/SUP shall be valid in perpetuity. Prior to any changes to the approved design, the Owners shall obtain approval of an amendment to the DP/SUP from the City. Based upon the extent of any changes, the Development Director shall determine at that time whether or not the application for changes listed above will be administrative or shall require another public hearing.
2. All land use approvals and building permits for the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges, concurrency management requirements, design standards, moratoriums, building permit limitations, and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 3. The conditions set forth in this resolution shall be binding upon the Owners or Developer their successors and assigns. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on, 2018. CITY OF THORNTON, COLORADO ATTEST: Heidi K. Williams, Mayor Kristen N. Rosenbaum, City Clerk 2
EXHIBIT A A PARCEL OF LAND BEING A PORTION OF EAST 119TH PLACE, A PORTION OF LOT 1 AND LOT 2 AND ALL OF LOT 3, LOT 4 AND LOT 5, BLOCK 2, SNYDAL SUBDIVISION, PER THE PLAT RECORDED DECEMBER 28, 1961 AT RECEPTION NO. 651724, IN THE OFFICE OF THE CLERK AND RECORDER OF ADAMS COUNTY, COLORADO AND THAT PARCEL OF LAND DESCRIBED EXHIBIT A AS CONTAINED IN THE SPECIAL WARRANTY DEED RECORDED MARCH 15, 2004 AT RECEPTION NO. 20040315000095470, IN SAID RECORDS, ALL LYING WITHIN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF THORNTON, COUNTY OF ADAMS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER FROM WHICH THE NORTH LINE OF SAID NORTHWEST QUARTER BEARS NORTH 88 49 04 EAST, WITH ALL BEARINGS CONTAINED HEREIN, BEING REFERENCED TO SAID NORTH LINE; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, SOUTH 00 06 40 EAST, A DISTANCE OF 366.96 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 89 53 20 EAST, A DISTANCE OF 64.46 FEET TO THE POINT OF BEGINNING; THENCE NORTH 85 42 11 EAST, A DISTANCE OF 3.37 FEET; THENCE SOUTH 90 00 00 EAST, A DISTANCE OF 60.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 176.50 FEET, FROM WHICH A RADIAL LINES BEARS NORTH 00 00 00 EAST; THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33 08 22, AN ARC LENGTH OF 102.09 FEET; THENCE NORTH 56 51 38 EAST, A DISTANCE OF 31.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 123.50 FEET, FROM WHICH A RADIAL LINES BEARS SOUTH 33 08 22 EAST; THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 31 57 15, AN ARC LENGTH OF 68.88 FEET; THENCE NORTH 88 48 53 EAST, A DISTANCE OF 429.62 FEET TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 5, BLOCK 2, SAID SNYDAL SUBDIVISION; THENCE ALONG SAID PROLONGATION AND THE EASTERLY LINE OF SAID LOT 5, SOUTH 00 06 40 EAST, A DISTANCE OF 230.89 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 83 48 50 WEST, A DISTANCE OF 112.21 FEET TO EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED AS PARCELS B AND C PER RECEPTION NO. 20040315000095470; THENCE ALONG SAID EASTERLY LINE, SOUTH 02 34 59 EAST, A DISTANCE OF 333.76 FEET TO THE NORTHERLY RIGHT-OF-WAY OF EAST 119TH AVENUE, BEING A 50.00 FOOT RIGHT-OF-WAY, AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 200.00 FEET, FROM WHICH A RADIAL LINE BEARS SOUTH 36 31 57 WEST; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING THREE COURSES:
1) WESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 43 38 39, AN ARC LENGTH OF 152.35; 2) SOUTH 82 53 20 WEST, A DISTANCE OF 180.96 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 305.00 FEET, FROM WHICH A RADIAL LINE BEARS NORTH 07 06 40 WEST; 3) WESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 02 54 15, AN ARC LENGTH OF 15.46 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY, NORTH 04 12 24 WEST, A DISTANCE OF 7.50 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 297.50 FEET, FROM WHICH A RADIAL LINE BEARS NORTH 04 12 24 WEST; THENCE WESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 04 05 45, AN ARC LENGTH OF 21.27 FEET TO A LINE PARALLEL WITH AND DISTANT 7.50 FEET NORTHERLY FROM SAID NORTHERLY RIGHT-OF-WAY OF EAST 119TH AVENUE; THENCE ALONG SAID PARALLEL LINE SOUTH 89 53 20 WEST, A DISTANCE OF 192.39 FEET; THENCE NORTH 45 06 42 WEST, A DISTANCE OF 64.75 FEET TO THE WESTERLY LINE OF TRACT A, SKYLAKE RANCH PHASE I, PER THE PLAT RECORDED AUGUST 22, 1985 AT RECEPTION NO. B594914, IN SAID RECORDS OF THE CLERK AND RECORDER; THENCE ALONG SAID WESTERLY LINE, NORTH 00 01 40 WEST, A DISTANCE OF 26.13 FEET; THENCE DEPARTING SAID WESTERLY LINE, NORTH 01 54 48 EAST, A DISTANCE OF 409.46 FEET TO THE POINT OF BEGINNING. CONTAINS 331,053 SQUARE FEET OR 7.600 ACRES, MORE OR LESS. 2