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BannerProposalDocs

BannerProposalDocs

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Published by David Bartecchi

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Published by: David Bartecchi on Mar 30, 2011
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 MEMORANDUM
TO: Pueblo County Planning CommissionFROM: Jeffrey Woeber, Planner II
I
 
DATE: February 14, 2010SUBJECT: Colorado Clean Energy Park Planned Unit Development No. 2011-001Puebloans for Energizing Our Community, LLC (PFEOC) (Applicant)Donald Banner (Consultant, PFEOC Representative)
G
ENERAL
I
NTRODUCTORY
 
The Phased Planned Unit Development (PUD) proposal set forth by the applicant doesnot follow a traditional land use planning approach. The applicant is requesting approvalof a PUD and vesting of development rights on the basis of a very vague description of land use activities and without detailed descriptions and studies of proposedinfrastructure improvements and the impacts of such a project. To say Planning Staff isuncomfortable with the proposal and approach would be an understatement. That said,Staff acknowledges this is a very unique project. Every aspect of the nuclear facilitiesproposed in this development will be heavily regulated by the Nuclear RegulatoryCommission (NRC). Based upon the information submitted by the applicant, theinvestigations to determine suitability of the site and water supply for a nuclear powerplant and various other power generation facilities is estimated to take thirty (30)months and cost 5 to 8 million dollars. The applicant states, “
Assuming the land and water are suitable for construction of a nuclear power plant the developer will spend another 100 million ($100M) in complying with the regulatory requirements of theNuclear Regulatory Commission
.” It is estimated it will take a minimum of two years todevelop the detailed plans to submit to the County and the NRC if it is determined thesite is suitable.The applicant’s development plan (attached as Exhibit 1) proposes a three phasedapproach to the Project with this PUD being the first. The applicant proposes deferringsubmittal of various application materials to Phase II. With the Phase II submittal, theapplicant proposes a hearing before the Board of County Commissioners, “…
to determinethe acceptability of the proposed location of the proposed energy generating, storage
KIM B. HEADLEY
DIRECTOR
planning@co.pueblo.co.us
 
JOHN B. CORDOVA, SR.
CHAIRMANDISTRICT 2
 
ANTHONY NUÑEZ
CHAIR PRO TEMDISTRICT 1
 
J.E. CHOSTNER
COMMISSIONERDISTRICT 3
 
 
M
EMORANDUM TO
P
UEBLO
C
OUNTY
P
LANNING
C
OMMISSION
 RE:
 
C
OLORADO
C
LEAN
E
NERGY
P
ARK
PUD
 
N
O
.
 
2011-001P
AGE
2
OF
48
and support improvements, and the infrastructure necessary to provide access to them.The County Commissioners shall not receive evidence or make a further determinationabout the proposed uses of the property; their determination shall be limited to whether or not the improvement locations and infrastructure providing access to thoseimprovements are acceptable to the County. During this Phase 2 determination will bemade by the applicant as to what clean energy sources should be built on the property and Applicant will pay an application fee reimbursing the Pueblo County Planning and Development office its costs
.” Staff is proposing conditions of approval that are not entirely consistent with theapplicant’s proposal. Beginning on Page 10 below, these conditions recommend first,that with the Phase II submittal, Final Development Plans must be submitted for reviewand approval by the Board of County Commissioners, consistent with the SubmittalRequirements within Section 17.126.040 of the PUD Regulations in the
Pueblo County Code
. Although the use itself would be allowable per an approved PUD, these Planswould allow the County to review each proposed facility (e.g. nuclear, wind, solar) withina defined area, in order to determine suitability, appropriateness, and impacts of theallowable use on a specific site.Further, staff recommends the applicant not only pay an application fee reimbursing theCounty for its costs for Phase II, but also for the costs associated with this first phase.(See Staff Recommendation, below.)
P
URPOSE
 
Applicant requests approval of a planned unit development (PUD) on approximately24,000 acres of property that is currently within an A-1, Agricultural Zone District. Theapplication submittal documents are attached as Exhibit 1. The Colorado Clean EnergyPark PUD would allow various types of energy/power production facilities, excluding coal-fired power plants. This includes, but is not limited to, nuclear, solar, wind, gas, andgeothermal electrical generating facilities, as well as associated energy storage, supportfacilities, and infrastructure. The PUD also provides for land to be used for a buffer/openspace. With this application, the applicant requests the following:
 
Approval of the application of a Planned Unit Development for the land involvedincluding phasing in accordance with the Submitted Development Plan.
 
Approve the submitted Development Plan which includes certain deferrals,variances, and waivers as set forth therein.
 
Determine that there is a vested real property right to develop the land included inthe Colorado Clean Energy Park in accordance with the Development Plan,contingent only on compliance with the Development Plan.(Note: The application materials request deferral of the applicant’s amendment to theComprehensive Plan. The applicant has subsequently submitted an application to amendthe Comprehensive Plan, CPA No. 2011-001).The applicant requests approval of the Colorado Clean Energy Park PUD with thefollowing deferrals, variances, and waivers of requirements within the
Pueblo County Code
, for the application submittal for the Colorado Clean Energy Park PUD:
 
M
EMORANDUM TO
P
UEBLO
C
OUNTY
P
LANNING
C
OMMISSION
 RE:
 
C
OLORADO
C
LEAN
E
NERGY
P
ARK
PUD
 
N
O
.
 
2011-001P
AGE
3
OF
48
1.
 
Variance of Section 17.126.040, Submittal Requirements, to allow deferral to thefirst 24 months of Phase II of the submission of i) those parts of the DevelopmentPlan Submittal Requirements set forth in 17.126.040 B. 1. d. through m., the mapanticipated in said submittal requirements, and ii) Submittal Requirements setforth in 17.126.040 C. 2. and 3 and the map anticipated in said submittalrequirements.2.
 
Variance of Section 17.128.060 to reduce cost upon filing the PUD Application to$100.00 and defer payment of other costs and fees as provided in Paragraph I,Phase II (of the applicant’s submittal).3.
 
Include within Permitted Uses within Section 17.126.020 all forms of energyproduction and storage and support facilities with the exception of coal-firedelectric plants.4.
 
Modification of Design Standards set forth in Section 17.126.130 for all site,design, construction, or other applicable requirements to comply with design,construction, or other applicable requirements to comply with Federal law andregulations dealing with the site location, design, and construction of nuclearpower plants.5.
 
Variance for maximum height of structures as set forth in Section 17.126.030 D.to allow structures to be 300 feet in height to accommodate a containment domefor nuclear power plants and 350 feet in height for wind towers andcommunications towers.6.
 
Variance for noise standard to be no more than 55 decibels of noise within 3,000feet of any structure not related to wind generation.7.
 
Variance of Section 17.126.150 to allow the property to revert back to its zoningas of the PUD Application associated with the PUD Development Plan if a) at theconclusion of Phase I it is determined that the land is not suitable for clean energyproduction as determined by the Applicant or b) at the conclusion of Phase 2 of the PUD, the Nuclear Regulatory Commission fails to issue a Permit forconstruction of a nuclear power plant.8.
 
Variance of duration of Approval as set forth in Section 17.128.040 to provide thatif Phase I is completed within thirty months of approval, Phase II may becompleted within seventy-two months (six years) of approval. Phase III may becompleted within one hundred thirty two months (eleven years) of approval.9.
 
Variance of Section 17.126.040 to accept the submittals set forth in Paragraph IVhereof and attached to the Development Plan as satisfying the SubmittalRequirements sufficient to proceed with the Application.10.There are five parcels of land surrounded by the land included in the ColoradoClean Energy Park. Three are owned by the United States government and twoare owned privately. The Applicant is in contact with these owners and hopes toacquire these parcels and add them to the legal description in the future. TheUnited States government has indicated that this process could take over a yearto complete.

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