Also, you can check out the Parker Chronicle's story on the hearing, which helps put the letter in better context (http://parkerchronicle.net/stories/Emotionally-charged-power-line-issue-progresses,211544).
I hope you are well. Would you mind forwarding this email to your entire group in regards to the Xcel application with the Town of Parker. I have tried to BCC those citizens who emailed us directly on this email but may have missed some of them.
Last night the Town Council considered a Resolution that was the subject of several e-mails from the community. The purpose of the resolution was to deal with the procedure for processing the applications submitted by Xcel, not the substance of the applications submitted by Xcel. As you know the Town Council is legally prohibited from addressing the substance of pending land use applications, except during the public hearing, when the applicant (Xcel) and the residents will be given the opportunity to present information to Town Council in support of their respective positions concerning the use by special review application that was submitted by Xcel. The Town Council, sitting as the judge, in accordance with Town Code, will decide whether to approve, approve with conditions, or deny the use by special review application submitted by Xcel. For the reason that the Resolution addresses the procedure for processing one of the applications submitted by Xcel (the Site Plan Application), not the substance of the application submitted by Xcel. I am able to respond to the e-mails sent to Mayor and Town Council from the community concerning the Resolution.
Before I address the specifics of the Resolution, I want to share the background that the Town Attorney provided to Town Council and members of the community that were present at last night’s Town Council meeting, including some of your neighbors that sent e-mail to myself and Council concerning the Resolution. According to the Town Attorney, Xcel submitted two applications with the Town. One application was for a use by special review and the second application was for a site plan.
The use by special review is the process for determining if the power project will be APPROVED, APPROVED WITH CONDITIONS, OR DENIED. The use by special review process is SUBJECT TO A PUBLIC HEARING before the Planning Commission and Town Council.
The SITE PLAN is the process for reviewing the plans required by the Town Code for the power line project, to determine if the project meets the Town’s construction standards (which contain certain state and federal standards), prior to the issuance of a grading or building permit.
The KEY requirement for any site plan approval is that the project has obtained all of the necessary zoning approvals. In other words, the site plan application submitted by Xcel cannot be approved unless the Town Council, following a public hearing, approves the use by special review requested by Xcel.
The site plan process is ADMINISTRATIVE in nature, which means that there will be no public hearing for the site plan before the Planning Commission or the Town Council. The reason that the approval is administrative is that there is no real discretion associated with the review of the site plan. If the site plan application meets the standards contained in the Town Code, Town Staff must approve the application.
The Resolution that was considered by Town Council last tonight DID NOT involve the use by special review application that was submitted by the Xcel, DID NOT involve whether the Xcel project should be approved, approved with conditions or denied, and DID NOT involve any of the alternative alignments associated with the Xcel project.
The Resolution that was considered by Town Council last tonight ONLY involved the site plan application that was submitted by Xcel. As the Town Attorney explained, the site plan is administrative and the decision to approve, approve with conditions or deny the application is a decision by Town Staff, but only if the Town Council approves the use by special review, following a public hearing before Planning Commission and Town Council. If the use by special review is denied by the Town Council, then the site plan becomes moot.
The Resolution that the Town Attorney prepared for consideration by the Town Council was in response to a request by Xcel to defer the TIMING for the submission of the certain plans to the Town, as a part of the SITE PLAN APPLICATION, until SUCH TIME AS Xcel needs a permit from the Town to construct the project, which is currently no sooner that May of 2020, based upon an order issued by the Public Utilities Commission. I want to stress that at NO POINT OR IN ANY WAY does this resolution allow Xcel to skip or waive their site plan requirements...it ONLY ADDRESSES TIMING for the submission.
The plans that were the subject of the request are described in Section 13.06.030(b)(6),(7) and (12) of the Town Code, which require the submission of a drainage plan, landscaping plan and civil construction plan as a part of the application for a site plan. If these plans were submitted as a part of the Site Plan application, any review of these plans by Town Staff would be based upon 2016 standards and not 2020 standards. As the Town Attorney explained, it is Town Staff that will make the decision concerning the site plan.
For the reason that construction cannot start any sooner that May of 2020, Town Staff supported the Resolution for the simple reason that Town Staff wants to review these plans based upon 2020 STANDARDS not 2016 STANDARDS, which Town Staff believes will provide the greatest protection for the Town and its residents.
Additionally, the Town Attorney supported the Resolution because of the state statute that governs the period of time that the Town has to process the applications that Xcel submitted to the Town. The state statute only gives the Town 90 days to process the applications and if a decision is not reached by the Town Council at the end of the 90 days, the applications, by operation of law, are DEEMED APPROVED. Let me stress this point again...IF THE APPLICATION IS NOT PROCESSED WITHIN 90 DAYS THEN BY STATE STATUTE IT IS AUTOMATICALLY APPROVED! In this regard, CRS Section 29-20-108(2), provides “[i]f the local government does not take final action within such time [90 days], the application is deemed approved.”
In order to protect the integrity of the procedure for processing the applications and minimize the consequences associated with violating the limited time period for processing the Xcel applications as mandated by state law, the Town Attorney requested and in fact negotiated an agreement with Xcel, as allowed by the state law referenced. The agreement provides for the “waiver” of the 90-day deadline mandated by state law. The agreement contains the review timeline for processing the application. Given Town Council’s approval of the Resolution last night, the applications are now deemed complete as of April 5, 2016.
The timeline contained in the agreement provides for two referral periods and mandates complete responses by Xcel as a part of the timeline. If Xcel does not provide complete responses within the 90-day period, then the 90-day period will be extended by one day for each day that Xcel delays in providing a timely response. Again, let me stress that BECAUSE OF LAST NIGHTS RESOLUTION XCEL HAS WAIVED THIS 90 DAY DEADLINE AND HAS AGREED TO EXTEND THE REVIEW PERIOD ONE DAY FOR EVERY DAY THEY ARE PAST THE SET REFERRAL DATES! In this regard the agreement provides:
“If any of the actions to be taken by the dates described above are not taken, compliance with the remaining deadlines shall be tolled until the missed deadline is met. Once the missed deadline has been met, the remaining deadlines shall be extended by the number of days the missed deadline was not met. Final action on the land use applications will be taken by the Town Council on or before Tuesday, July 19, 2016, unless such date is extended as provided herein due to the failure of the Company [Xcel] to comply with the stated deadlines above, or the application is deemed approved pursuant to C.R.S. Section 29-20-108(2). The Parties agree that the above schedule is reasonable and complies with the requirements of C.R.S. § 29-20-108(2).”
The agreement further provides that Xcel will meet with the Town Staff “as many times as reasonably necessary to discuss impacts associated with the proposal and measures the Company (Xcel) can take in order to address the Town’s concerns and mitigate impacts of the Project or provide public benefit.” For the reason that the agreement and the Resolution protect the process, provide certainty in the face of a state-mandated deadline of only 90 days and protect the public interest in terms of allowing the Town Staff to review the drainage plan, landscaping plan and civil construction plan based upon 2020 standards instead of 2016 standards, the Town Staff and the Town Attorney both supported and recommended that the Town Council approve the Resolution.
I hope you find this explanation helpful and understand that it is the duty of Town Council to protect the integrity of the process and to provide a full and fair hearing, regardless of the decision. It would be unfortunate if the Town was not able to defend its ultimate decision because of some procedural defect associated with the processing of the Xcel application. I am sorry for the length of this email, but there is a significant amount of INCORRECT information regarding what last night's resolution was about and how it related to the application for use by special review.
As always, please feel free to reach out to me if you have any questions.
My best,
Mike Waid
Mayor - Town of Parker
mwaid@parkeronline.org
Thank you for your letter, I wish I could understand it in laymen's terms. I just looked at a home to buy in Spirit Ridge and just now finding out that a transmission tower might run through the area. We are delaying any decision of moving to that area because of this. The house has been on the market over 9 months so I wouldn't be surprised if other buyers are deciding to delay as well for concern the value of the homes will go down, which they would if towers are within range and sight of the homes. It is a poor decision to have towers through Parker.
ReplyDelete