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HomeMy WebLinkAbout20120131 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR11-0018 APPLICANT: Wells Ranch, LLLP, do DCP Midstream, LP PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a 200-foot Telecommunication Antenna Tower for radio communications between various processing and compressor sites in the A (Agricultural)Zone District LEGAL DESCRIPTION: All of Section 21, T6N, R62W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 68; east of and adjacent to CR 77 Section Line. be recommended favorably to the Board of County Commissioners 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 Planning Commission 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." The proposed tower facility is located on a vacant parcel of land in a rural area that is a • part of Wells Ranch. Seven (7) residences are located to the East of the site with the nearest residence being approximately one mile from the proposed tower site. The tower may be required to be lighted per FAA regulations and will generate very little traffic (it is an unmanned facility). 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 rural in character with a majority of landscape in pastureland and dryland farming. Two Special Use Permits, USR-1266 for a Machine Shop and USR-1659 for a second Single Family Dwelling are located over one mile from the proposed tower site to the East. There are numerous oil and gas wells and associated encumbrances in the general vicinity. There have been no letters, electronic mail or telephone calls received regarding this facility. The proposed tower location is compliant with Section 23-4-830.C.1 that states"Existing or approved Telecommunication Antenna Towers cannot accommodate the telecommunications equipment planned for the proposed DCP Midstream Telecommunication Antenna Tower." CUP-37 approved in 1978 for the Basin Electric Power Cooperative. DCP approached Morgan County regarding the possibility of placing antenna on the tower, and Morgan County stated they would not permit any third-party equipment on the tower. The proposed site was chosen because it would provide the most coverage for DCP's network and has the elevation required to provide coverage. Further, Section 23-4-830.C.11 states "All reasonably possible sites for the - (1( • Telecommunication Antenna Tower have been considered, and the proposed site is most e" appropriate, available site from a land use perspective." As previously indicated, there is one tower in close proximity to the proposed facility. The tower owner, Basin Electric Power Cooperative, would not permit any third-party equipment on the tower. JIIQ 2012-0131 Resolution USR11-0018 Wells Ranch, LLLP, do DCP Midstream, LP Page 2 • D. Section 23-2-220.A4 --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 site is not located within a 3-mile referral area with any municipality. E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. The site is not within the Airport, Flood Hazard or Geologic Hazard Overlay Districts, however the site is within the County-wide Road Impact Fee and the County Facility Fee and Drainage Impact Fee area. 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.A.6 --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" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. All pages of plat shall be labeled USR11-0018. (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 68 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out.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. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 3. All existing utilities (including gas lines) shall be indicated on the plat. (Department of Planning Services) C. The applicant shall address the fall zone easement for the tower. Subdivision Exemption • No. SE-1204 is in process and has not been recorded. The area delineated is a 300 x 300 leasehold area, with the proposed tower having an overall height of 200 feet, the area will not accommodate the requisite fall zone criteria, therefore the applicant shall obtain Resolution USR11-OO18 Wells Ranch, LLLP, Go DCP Midstream, LP Page 3 • from the property owner a fall zone easement, evidence of which shall be recorded and referenced on the USR11-0018 plat. (Department of Planning Services) D. The applicant shall record Subdivision Exemption No. SE-1204, for the leasehold area. (Department of Planning Services) E. The applicant shall address the concerns of the Federal Aviation Administration as stated in their referral dated October 4, 2011. Written evidence of compliance with their requirements shall be submitted to the Department of Planning Services. (FM) F. The applicant shall attempt to address the concerns of the Colorado Parks and Wildlife specific to the type of fencing and parameters as identified in the referral and in the undated publication "US Fish and Wildlife Service Interim Guidelines for Recommendations on Communications Tower Siting, Construction, Operation and De-commissioning". Written evidence of attempted mitigation shall be submitted to the Department of Planning Services. (Colorado Parks and Wildlife) G. The applicant shall submit a De-commissioning Plan for the Tower in the event that the onsite equipment is obsolete or no longer required for DCP Midstream operations. (Department of Planning Services) H. 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 sixty (60) 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, Arclnfo Coverages and Arclnfo 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 dhuerterco.weld.co.us. (Department of Planning Services) 4. Prior to release of building permits: A. Building permits shall be obtained prior to constructing the facility. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of Planning Services) B. Buildings 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 Fuel Gas Code; 2006 International Energy Code; 2003 ICC ANSI 117.1 Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Planning Services) • C. All building plans shall be submitted to the Briggsdale Fire Protection District for review and approval prior to issue of building permits. (Department of Planning Services) Resolution USR11-0018 Wells Ranch, LLLP, Go DCP Midstream, LP Page 4 • 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) Motion seconded by Jason Maxey. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY • I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 6, 2011. Dated the 6'" of December, 2011. 1(C1{7 u1 fi 'l �i Kristine Ranslem Secretary • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • DCP Midstream, LP USR11-0018 1. A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower(200-foot wireless communication tower and related accessory buildings/structures)in the A(Agricultural)Zone District, subject to the Development Standards stated hereon. (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. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 9. Effective April 25, 2011, Building Permits issued on the proposed lot will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) 10. Effective April 25, 2011, Building Permits issued on the proposed lot,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) 11. Building permits shall be obtained prior to constructing the facility. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of Building Inspection) 12. Buildings 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 Fuel Gas Code; 2006 International Energy Code; 2003 ICC ANSI 117.1 Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 13. All building plans shall be submitted to the Briggsdale Fire Prevention District for review and approval • prior to issue of building permits. (Department of Planning Services) Resolution USR11-0018 Wells Ranch, LLLP, do DCP Midstream, LP Page 6 • 14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increase, diversions,concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 15. 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) 16. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). (Department of Public Works) 17. The access easement shall be a graded and drained road to provide an all-weather access. (Department of Public Works) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 20. 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) 21. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) 22. Upon termination of the use of the telecommunication antenna tower, the building, antenna structure, and associated equipment shall be removed and the premises restored to its original condition. 23. 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. 24. 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) 25. 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. • Resolution USR11-0018 Wells Ranch, LLLP, Go DCP Midstream, LP Page 7 • 26. 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. 27, WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. • • /z1- 10 - 11 • significant. He added that they have entered into an Improvements Agreement and intend to maintain the roads around the processing plant site. Mr. Groom referred to Condition of Approval 6 which currently requires submission of the plat within 60 days. He added that the applicant would like to request 90 days to submit the plat, given the volume of land use that they are undertaking presently and the size of the pipeline project. Mr. Ogle indicated that Condition of Approval 5 would also need to be amended to reflect the 90 days. Benjamin Hansford moved to amend Condition of Approval 5 and 6 to reflect the 90 day requirement of submitting the plat, seconded by Bill Hall. The Chair asked the applicant if he read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Bill Hall moved that Case USR11-0016 be approved along with the Conditions of Approval and Development Standards, seconded by Mark Lawley. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce Smock, yes; Nick Berryman,yes; Robert Grand,yes; Bill Hall, yes;Alexander Zauder,yes; Jason Maxey,yes; Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. The following case was read into record. CASE NUMBER: USR11-OO18 APPLICANT: Wells Ranch, LLLP, do DCP Midstream, LP PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a 200-foot Telecommunication Antenna Tower for radio communications between various • processing and compressor sites in the A (Agricultural)Zone District LEGAL DESCRIPTION: All of Section 21,T6N, R62W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 68; east of and adjacent to CR 77 Section Line. Kim Ogle, Planning Services, stated that the proposed tower facility is located on a vacant parcel of land in a rural area that is part of Wells Ranch. Seven(7) residences are located to the east of the site with the nearest residence being approximately one mile from the proposed tower site. The tower may be required to be lighted per FAA regulations and will generate very little traffic as it is an unmanned facility. The surrounding area is rural in character with a majority of landscape in pastureland and dryland farming. Two special use permits, USR-1266 for a machine shop and USR-1659 for a second single-family dwelling are located over one mile from the proposed tower site to the east. There are numerous oil and gas wells and associated encumbrances in the general vicinity. The proposed tower location is compliant with Section 23-4- 830.C.1 that states "Existing or approved telecommunication antenna towers cannot accommodate the telecommunications equipment planned for the proposed DCP Midstream telecommunication antenna tower". DCP approached Morgan County regarding the possibility of placing antennas on the tower and Morgan County stated they would not permit any third-party equipment on the tower. The proposed Wells Ranch site was chosen because it would provide the most coverage for DCP's network. There have been no letters, electronic mail or telephone calls received regarding this facility. The U.S.D.A Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils on this property as"other". Eleven referral agencies have reviewed this case and four offered comments, some with specific conditions. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. • Lauren Light, Environmental Health, stated that that since this is construction of a tower they are allowed to use portable toilets and bottled water. There are no outstanding concerns with this request. EXHIBIT 6 I • Don Carroll, Public Works, stated that access is from County Road 68 and added that the County maintains 60 feet of right-of-way. There are no further concerns with this request. Patrick Groom, 822 7'h St, Suite 760, Greeley, CO, stated that he represents the applicant DCP Midstream. He stated that this is intended to monitor the LaSalle project and DCP's other operations in Weld County. With the explosive growth of natural gas production and the accompanying growth in the infrastructure of DCP it has become important for DCP to monitor remotely its compressor stations and processing plants and gathering lines both for safety reasons and also to monitor production. The installation of this radio tower will allow DCP to do that. This site was chosen as it is a remote location with the least impact to surrounding property owners. In addition, this site provided the elevation requirements that DCP needed for coverage. He added that they looked at the tower to the north but were told that there was no additional space on that. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked to include the "Right to Farm Statement" in the Development Standards. The Chair asked the applicant if he read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Robert Grand moved that Case USR11-0018, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Jason Maxey. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, yes;Alexander Zauder,yes;Jason Maxey,yes; Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. • The Chair called a recess at 2:40 pm and reconvened the meeting at 2:50 pm. The Chair read the following case into record. CASE NUMBER: USR11-0021 APPLICANT: Kerr-McGee Gathering, LLC PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit(fka AmUSR-428) for a Mineral Resource Development Facility, including an Oil and Gas Support Facility, and one or more microwave or other communication transmission or relay towers over seventy feet in height—120 foot Radio Tower(to add 8 additional compressor units as well as 2 separators,2 slug catchers,a back- up generator and other equipment) at the existing Frederick Compressor Station site, in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part NW4 Section 15, T1 N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 19; south of CR 10 Right-of-Way. Chris Gathman, Planning Commission, stated that this site has an existing amended USR(AmUSR-428). The original USR(USR-428)was approved by the Board of County Commissioners on August 6, 1980 for four(4) 4,000 horsepower compressor units. An amendment to USR-428 was approved by the Board of County Commissioners on September 17, 2011 to add a 120-foot radio tower to the site. Under this amendment they are proposing to add eight (8) additional compressors, two (2) separators, two (2) slug catchers, a backup generator and other equipment to this site. The existing buildings and equipment are presently enclosed by an existing chain-link fence. Mr. Gathman noted that the original application form listed 6 additional compressors; however,prior to setting the hearing date it was clarified that the applicant is requesting a total of 8 additional compressors and this • was noticed correctly in the newspaper and in the mailed notices to surrounding property owners. It is their intent to construct the 6 compressors and add the additional 2 compressors in the future. 7 Hello