The URL can be used to link to this page

Browse Search

Home My WebLink About20120480 HEARING CERTIFICATION DOCKET NO. 2012-02 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0018, FOR A 200-FOOT TELECOMMUNICATION ANTENNA TOWER FOR RADIO COMMUNICATIONS BETWEEN VARIOUS PROCESSING AND COMPRESSOR SITES IN THE A (AGRICULTURAL) ZONE DISTRICT - WELLS RANCH, LLLP, C/O DCP MIDSTREAM, LP A public hearing was conducted on January 11, 2012, at 11:20 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher- EXCUSED Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Don Carroll Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated November 18, 2011, and duly published November 23, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of Wells Ranch, LLLP, c/o DCP Midstream, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0018, for a 200-foot Telecommunication Antenna Tower for radio communications between various processing and compressor sites in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Chair Conway advised the applicant's attorney, Patrick Groom, that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Rademacher will listen to the record and make the determining vote. Mr. Groom indicated he would like to proceed today. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and gave a brief description of the location of the site and the surrounding land uses. He stated the applicant did approach Morgan County regarding the possibility of placing an antenna on its tower; however, they were informed third-party equipment would not be allowed. Mr. Ogle stated staff has received no communications from surrounding property owners, 11 referral agencies reviewed the proposal, four offered comments which have been addressed in the Conditions of Approval and Development Standards, and he displayed an aerial map and photographs of the site and surrounding properties. CA ,V L, P w, 1-14-) Ark 2012-0480 D • a a'l a. PL2145 HEARING CERTIFICATION -WELLS RANCH, LLLLP, C/O DCP MIDSTREAM, LP (USR11-0018) PAGE 2 Don Carroll, Department of Public Works, indicated the site will be accessed from County Road 68, which is a local gravel road with 60 feet of right-of-way and an average daily traffic count of 105 vehicles, taken in 2010. He stated staff is not requiring a Drainage Report; however, the applicant will be required to maintain historical stormwater flow patterns with Best Management Practices. He further stated this will be an unmanned site, therefore, a Traffic Study is not required, the site is not within a floodplain, and there is an approved access permit. Lauren Light, Department of Public Health and Environment, stated because this will be an unmanned site, the Department has no concerns with the proposal, and Development Standards#3 through#8 are standard requirements for this type of facility. Mr. Groom stated he had nothing further to add to staffs' presentation and was available to answer questions. No public testimony was offered concerning this matter. Mr. Groom referred to Condition of Approval #1.C regarding the fall zone easement for the tower and proposed modified language to require a recorded fall zone easement. Mr. Ogle explained the tower site is located within a Subdivision Exemption (SE) lot; however, the plat for the recently approved parcel has not been recorded; therefore, the legal description for this USR application is for the entire section. Once the SE is approved, there will need to be an easement for the fall zone outside of the SE boundary. Mr. Groom proposed adding the following language to the end of Condition of Approval #1.C "..., or obtain other evidence which is satisfactory to the Department of Planning Services, that the landowner of the property has agreed to allow additional property to be used as a fall zone area." Mr. Yatabe stated the fall zone is a safety issue and an easement would provide recorded evidence. Mr. Groom stated it is difficult to designate a specific fall zone on a plat and he requested a written agreement with the property owner be allowed. Mr. Ogle stated a standard fall zone would require a 300-foot circumference and Commissioner Kirkmeyer stated it should be shown on the plat so all are aware of that possibility. Mr. Yatabe expressed concern with a private agreement in the event the property transfers to a new owner. Mr. Ogle suggested the SE parcel could be expanded to a 400-foot by 400-foot area to contain the fall zone. In response to Chair Conway, Mr. Groom indicated modifying Condition #2 to allow 90 days to record the plat would be preferable to complete and record the SE plat. Commissioner Kirkmeyer stated there is typically a second condition with standard language regarding the timing for recording the plat, which appears to have been inadvertently omitted, and she requested it be inserted as a new Condition of Approval #3. Mr. Ogle stated Condition of Approval #4.8 also needs to be corrected to reflect the adoption of the 2011 National Electrical Code (NEC), and the Board indicated agreement. They also agreed to delete Development Standard #24, which is a duplicate of Development Standard#8. Commissioner Kirkmeyer moved to approve the request of Wells Ranch, LLLP, c/o DCP Midstream, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0018, for a 200-foot Telecommunication Antenna Tower for radio communications between various processing and compressor sites in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. Her motion included adding 2012-0481 PL2145 HEARING CERTIFICATION -WELLS RANCH, LLLLP, C/O DCP MIDSTREAM, LP (USR11-0018) PAGE 3 the following language to the end of Condition of Approval #1.C "..., or obtain other evidence which is satisfactory to the Department of Planning Services, that the landowner of the property has agreed to allow additional property to be used as a fall zone area'; modifying Condition #2 to allow up to ninety (90) days to record the plat, inserting a new Condition of Approval #3 with the standard language to state, "In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required ninety (90) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period.", correcting Condition of Approval #4.6 to reflect the 2011 NEC, deleting Development Standard #24, and renumbering as appropriate. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 11:46 a.m. This Certification was approved on the 16th day of January, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:°Sese.. Sean P. Conway, Chair C Weld County Clerk to the Board ///, 2, ..2 q Will F. Garcia, Pro-T m BY: 4O /t Deputy rk to the Boa 2;,--111,4241 A"11 j 41.----,N Bar a Kirkmeyer EA ctkli A �� 11861tgra9 David E. Long it‘ glime Of t / EXCUSED %.e/ e—*" Douglas Rademacher L 2012-0481 PL2145 \ & m / � \ / tc { $ { � } a $ � �$ z t o O j / cc E- & } 1 ' / c k \ / j Ski N C.) -I \ $ , o § 6 k 6 5:. d ,i - z m z w e \ ® % * z § 20 � | s f { re 11- < -IE 0 } & \ � L f maim k m f \ N I- r S 2 P k c z \ \ / � - ) § a \ § ) / R in ( co o > d © z ? _I § I- « � i r z o _ o ° % aa k ■ Zee . S LL -J ] a. \ � § / r2 re \ \ w 4 N / 2 § tar, m i � Q § Cl)ujuj § Lu 8 LU 000 § § C m �� _ 000 EXHIBIT INVENTORY CONTROL SHEET Case USR11-0018 -WELLS RANCH, LLLP, C/O DCP MIDSTREAM, LP Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 12/06/2011) D. Patrick Groom Proposed language for Condition #1.C, 1/11/2012 E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello