Planning Commission Minutes 2000 06 13

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A.Resolution No. 12, Series 2000, Public Service Company, Special Review Use to upgrade that portion of the Valmont to Broomfield 115 (kV) overhead electric transmission line which is located within the City of Louisville. The right of way is 75 feet wide and runs north-south through the city, approximately ½ mile east of McCaslin Boulevard. Staff Public Notice Certification: Commissioner Kalish announced that the City of Louisville had its third, every five year, Futures Conference. She acted as the facilitator for one of the small group sessions on the discussion of the environment. There was conversation about the Public Service utility lines during that conversation. Commissioner Leh was also in that group. There was not any new information that they the Commission has not been made aware of at previous meetings, with the exception of the fact that the transmission lines that run across the northern edge of Louisville are not currently active. Commissioner Leh concurred with Commissioner Kalishes discussion. Patricia Thompson had a conflict of interest and did not attend this part of the public hearing. Paul Wood, Planning Director, stated that the initial public notice was established through the publication in the Daily Camera on March 26, 2000, for the April 11, 2000, meeting at which time the Commission directed that the public hearing remain open. The public hearing was then continued to May 9, and again to June 13. Staff Report of Facts and Issues: Mr. Wood stated that the purpose of this recommendation would be to formulate a recommendation to the Planning Commission in response to the applicant’s request in light of the legal standing and the applicant’s standing to realize the right-of-way and for certain purposes to rebuild their infrastructure. The recommendation to Planning Commission in addressing the aboveground upgrade is not intended to take the under grounding issue off the table. In response to what Staff feels is that the use of reasonable police power to regulate the applicant in their own right-of-way. There are revisions in the State law, which address the city’s basic zoning powers to regulate utilities and potential exemptions from those regulations. None of these provisions flatly exempt Public Service from municipal zoning regulations, nor has the city or the applicant requested such an exemption. The applicant is not contractually obligated under the terms of the Franchise Agreement with the City to underground this proposed rebuild. Mr. Wood presented the details of this matter as stated in the Staff report. Commission Questions: 2