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Home My WebLink About20121648.tiff Mt t • LAND USE APPLICATION Woe SUMMARY SHEET COLORADO Case Number: USR12-0013 Hearing Date: June 5, 2012 Applicant: Petroleum Development Corporation CIO Mac Neumann Address: 1775 Sherman Street, Suite 3000, Denver, CO 80203 Request: A Site Specific Development Plan and Use by Special Review Permit for a 150-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District Legal Description: Part of the S2 of Section 25, T4N, R65W of the 6th P.M., Weld County, Colorado Location: Approximately 600-feet north of County Road 40 and approximately 1/2 mile west of County Road 49. Size of Parcel: +/- 212.78 acres (Telecommunication Antenna Tower to be located on 60- • foot x 60-foot leased parcel) Parcel Number: 105525000007 Summary: The applicant is proposing to extend the height of a telecommunication tower approved for POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Department of Public Health and Environment, referral received 3/26/2012 • Weld County Department of Public Works, referral received 3/13/2012 • Weld County Department of Building Inspection, referral received 3/30/2012 • Federal Aviation Administration (FAA), electronic mail referral received 3/8/2012 The Department of Planning Services has received referral responses without comments from the following agencies: • Weld County Zoning Compliance, referral received 3/7/2012 • USR12-0013-PDC Telecommunication Tower Page 1 • The Department of Planning Services has not received referrals from the following agencies: Federal Communication Commission LaSalle Fire Protection District Colorado Parks &Wildlife • USR12-0013-PDC Telecommunication Tower Page 2 • , SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR12-0013 Hearing Date: June 5, 2012 Applicant: Petroleum Development Corporation CIO Mac Neumann Address: 1775 Sherman Street, Suite 3000, Denver, CO 80203 Request: A Site Specific Development Plan and Use by Special Review Permit for a 150-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District Legal Description: Part of the S2 of Section 25, T4N, R65W of the 6th P.M., Weld County, Colorado • Location: Approximately 600-feet north of County Road 40 and approximately 1/2 mile west of County Road 49. Parcel Size: +/- 212.78 acres - (Telecommunication Antenna Tower to be located on 60-foot x 60-foot leased parcel) Parcel Number: 105525000007 Case Summary: This request is to extend the height of a telecommunication tower originally approved from 60-feet to 150-feet in height. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.1 A.Goal 9. States: "Reduce potential conflicts between varying • land uses in the conversion of traditional agricultural lands to other land uses." USR12-0013-PDC Telecommunication Tower Page 3 Petroleum Development Corporation has indicated that they are proposing to build/extend a new tower versus co-locate on an existing tower to limit interference from other users on existing towers and to provide for the option to install additional antenna and associated equipment which may not be possible in a collocation situation. b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.L allows for Telecommunication Antenna Towers as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding area is agricultural in character. The parcel that the telecommunication tower is proposed is vacant with the exception of existing oil and gas improvements (wellheads and tank batteries). An existing single-family residence is located approximately 500 feet to the southwest of the tower site. The tower will be located to the northeast of the existing single family residence and will not interfere with any views of the mountains to the west. There are existing communication towers (approved under USR-854) located to the east of the site (across County Road 49). The applicant's engineers have indicated that the towers are light-duty guyed towers and would likely not be able to support the microwaves and SCADA equipment used by PDC. Additionally, Petroleum Development Corporation has indicated that they are proposing to build a new tower versus co-locate on an existing tower to limit interference from other users on existing towers and to provide for • the option to install additional antenna and associated equipment which may not be possible in a collocation situation. d. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed USR site is not located within the 3-mile referral area of a municipality. e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) f. Section 23-2-220.46-- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed site is designated as "other land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. • USR12-0013-PDC Telecommunication Tower Page 4 • g. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. All pages of plat shall be labeled USR12-0013. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Road 40 is a non-maintained county road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. • Pursuant to the definition of setback in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. (Department of Public Works) 3. Show the approved access on the plat and label it with the approved access permit number(AP11-00482). (Department of Public Works) 4. The reception #for the fall zone agreement (as outlined in condition of approval 1.D). (Department of Planning Services) C. The applicant shall address the requirements of the Department of Public Works as stated in their referral response dated March 13, 2012: The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. (Department of Public Works) D. The applicant shall demonstrate through a certified engineered statement that if the tower fails it will fall within the leased parcel or the applicant shall submit • evidence of a recorded agreement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property, and thereby USR12-0013-PDC Telecommunication Tower Page 5 • meet the setback requirements of Section 23-4-830.D.3.a. (Department of Planning Services) E. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one-hundred twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arcinfo Coverages and Arcinfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 4. Prior to release of building permits: • A. Building permits are required for buildings and structures which require permits prior to the beginning of construction. (Department of Building Inspection) B. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • USR12-0013-PDC Telecommunication Tower Page 6 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Petroleum Development Corporation USR12-0013 1. A Site Specific Development Plan and Use by Special Review Permit for a 150-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls • fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. (Department of Public Health and Environment) 8. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011- 2) 9. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 10. A building permit will be required for any new construction, alteration, or addition to any buildings or structures on the property. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) • USR12-0013-PDC Telecommunication Tower Page 7 • 11. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 12. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 13. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 14. The access road shall be a graded and drained road to provide an all-weather access. (Department of Public Works) 15. The tower shall be finished and maintained in an earth tone color. (Department of Planning Services) 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. • 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 18. If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety (90) days to re-use the facility or transfer the facility to another owner who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services. (Department of Planning Services) 19. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure, and associated equipment shall be removed and the premises restored to its original condition. 20. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. • 21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) USR12-0013-PDC Telecommunication Tower Page 8 • 22. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 23. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. • • USR12-0013-PDC Telecommunication Tower Page 9 • '43/411/4. N DEPARTMENT OF PLANNING SERVICES ty $ 1555 N 17th AVE S^ GREELEY, CO 80631 iteri L. WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us ? � r �� PHONE: (970)353-6100, Ext. 3537 j C N T Y FAX: (970)304-6498 March 6, 2012 Mac Neumann Petroleum Development Corporation 1775 Sherman Street Denver, CO 80203 Subject: USR12-0013 - A Site Specific Development Plan and Use by Special Review Permit for a 150-foot Telecommunication Antenna Tower. On parcel(s)of land described as: PT S2 SECTION 25, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. • If you have any questions concerning this matter, please call. Respectfully, Dw e Reasollyn: signed ay Kristine r Ra dlom �/ - Location 1555the thisNauthorof document C/`�'/�,y_ Location:1555 N 17th Ave Date:2012.03.06 10:38:50-07'00' Chris Gathman Planner • 6/29/2012 • Oa ham.. kW i" W, F Jae I veli I I !. �+ a{ A' t A t1/4" pi ?I -:r • r ;?k• 4 .•+ •6%:',6 WELD Mg COUNTY AOI1STRATION BUILDING ` lilt- -- : 1150.0- Street • Greeley.GO 00631 fib♦ L. •`' Nna 4-: t.!IN a f. _ --16r*,‘V, r - ...r qty �'. • ;. • 'Grit, »rlc i.ticwaa ` 1414..,, > / w . .... - i ., r / `. ..`... _._.,.. .. .. rt 1 1 ;it .. I ‘ ''' a' - i , f .v." . 1 I S t 14 i 4 any I • as .r • • 0 • e.. r • i • t. • `1 4/ . • - 6/29/2012 • . • _ • Wilt IN, e • OP gill% kli 5 6/29/2012 • • 9• if A 1 • i " . . • _. . * a 1441 s �. �• • 6 6/29/2012 • ii LW il - 1 . I I l• � i`l! . /-• '' c ..SOY+ .$"_ ‘ - . _ . . • • FIELD CHECK inspection dates: 6/8/2012 APPLICANT: Petroleum Development Corporation C/O Mac Neumann CASE #: USR12-0013 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a 150-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District. LEGAL: Part of the S2 of Section 25, T4N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 600-feet north of County Road 40 and approximately 1/2 mile west of County Road 49. PARCEL ID #: 105525000007 ACRES: +/- 212.78 acres (Telecommunication Antenna Tower to be located on 60-foot x 60-foot leased parcel) Zoning Land Use N A N Agricultural Land E A E Agricultural Land (communication towers) S A S Agricultural Land • W A W Agricultural Land (single-family residence) COMMENTS: Vacant parcel with oil and gas improvements. sz9i Chris Gathman - Planner Ill Hello