HomeMy WebLinkAbout20121646.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0013, FOR A 150-FOOT TELECOMMUNICATION ANTENNA
TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - SHELTON LAND AND
CATTLE, LTD., C/O PDC ENERGY, INC. (FKA PETROLEUM DEVELOPMENT
CORPORATION)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 20th day
of June, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Shelton Land and Cattle, LTD, P.O. Box 65, Roggen, Colorado,
80652, do PDC Energy, Inc. (fka Petroleum Development Corporation), 1775 Sherman Street,
Denver, Colorado, 80203 for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0013, for a 150-foot Telecommunication Antenna Tower in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Subdivision Exemption, SUBX12-0008; located in
part of the SW1/4 of Section 25, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue said hearing to
July 11, 2012, to allow adequate time to publish the legal notice, and
WHEREAS, at said hearing on July 11, 2012, the applicant was represented by Mac
Newmann, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- 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
CC CAD PL, PUS, PLL� APP) . Op* 2012-1646
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SPECIAL REVIEW PERMIT (USR12-0013) - SHELTON LAND AND CATTLE, LTD., C/O PDC
ENERGY, INC. (FKA PETROLEUM DEVELOPMENT CORPORATION)
PAGE 2
varying land uses in the conversion of traditional agricultural lands to
other land uses." PDC Energy, Inc. (fka 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 23-2-230.6.2 -- 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 23-2-230.6.3 -- 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 for 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, PDC Energy, Inc. (fka
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 23-2-230.6.4 -- 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 three-mile
referral area of a municipality.
e. Section 23-2-230.B.5 --The site does not lie within any Overlay Districts.
Effective April 25, 2011, building permits issued on the proposed lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program. 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 Programs.
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ENERGY, INC. (FKA PETROLEUM DEVELOPMENT CORPORATION)
PAGE 3
f. Section 23-2-230.6.6 -- 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 land" per the
1979 Soil Conservation Service Important Farmlands of Weld County
Map.
g. Section 23-2-230.B.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 the 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Shelton Land and Cattle, LTD, c/o PDC Energy,
Inc. (fka Petroleum Development Corporation), for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0013, for a 150-foot Telecommunication Antenna Tower in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR12-0013.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 40 is a non-maintained county road and requires a
60-foot right-of-way at full buildout. There is presently a 60-foot
right-of-way. Pursuant to the definition of setback in the Weld
County Code (Section 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.
3) Show the approved access on the plat and label it with the
approved access permit number(AP11-00482).
4) The reception number for the fall zone agreement (as outlined in
Condition of Approval 1.D).
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SPECIAL REVIEW PERMIT (USR12-0013) - SHELTON LAND AND CATTLE, LTD., CIO PDC
ENERGY, INC. (FKA PETROLEUM DEVELOPMENT CORPORATION)
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C. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated March 13, 2012,
specifically: 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.
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 meet the setback requirements of
Section 23-4-830.D.3.a.
E. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). 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.
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.
B. Buildings and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following
have 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
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SPECIAL REVIEW PERMIT (USR12-0013) - SHELTON LAND AND CATTLE, LTD., C/O PDC
ENERGY, INC. (FKA PETROLEUM DEVELOPMENT CORPORATION)
PAGE 5
National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of July, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: cr> - P.
Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
�I IE ILa William F. Garcia, Pro- em
BY: ` lil/✓��:iL Q i gyp,i' �`
Deputy erk t. the Bo • 6t {'_°ems. .��� ♦. . �/ .
ara tmeyrr
CI
APPROVED AS TO FORM: ® a C
� ♦ David E. Lon
/}�. �/f
Coun', A torney no 4- (OW O CO AA
uglalg ademach
Date of signature: $"/"/S
2012-1646
PL2168
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHELTON LAND AND CATTLE, LTD
C/O PDC ENERGY, INC. (FKA PETROLEUM DEVELOPMENT CORPORATION)
USR12-0013
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0013, is
for a 150-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.,) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing
units shall be provided during construction of the facility.
8. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
9. 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
Programs.
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.
11. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have 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.
2012-1646
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DEVELOPMENT STANDARDS (USR12-0013) - SHELTON LAND AND CATTLE, LTD.,
C/O PDC ENERGY, INC. (FKA PETROLEUM DEVELOPMENT CORPORATION)
PAGE 2
12. A plan review shall be approved and a permit must be issued prior to the start of
construction.
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.
14. The access road shall be graded and drained to provide an all-weather access.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
17. 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
Chapter 23, Division 11, of the Weld County Code, 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.
18. 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.
19. 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.
20. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
21. The Use by 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.
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DEVELOPMENT STANDARDS (USR12-0013) - SHELTON LAND AND CATTLE, LTD.,
C/O PDC ENERGY,INC.(FKA PETROLEUM DEVELOPMENT CORPORATION)
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22. 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.
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