HomeMy WebLinkAbout20120130 RESOLUTION
RE: APPROVE 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, CIO DCP MIDSTREAM, LP
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 11th day
of January, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wells Ranch, LLLP, 32010 County Road 63, Gill, Colorado 80624, c/o
DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado 80631, 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, on the following described real estate,
being more particularly described as follows:
All of Section 21, Township 6 North, Range 62
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Patrick Groom of Witwer,
Oldenburg, Barry and Johnson, LLLP, 822 7th Street, Suite 760, Greeley, Colorado 80631, 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.B of the Weld County Code as follows:
a. Section 23-2-230.B.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
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may be required to be lighted, per FAA regulations, and will generate very
little traffic (it is an unmanned facility).
b. Section 23-2-230.B.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.B.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 Use by Special Review 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 indicates the existing or approved
Telecommunication Antenna Towers cannot accommodate the
telecommunications equipment planned for the proposed DCP Midstream
Telecommunication Antenna Tower. CUP-37 was approved in 1978 for
the Basin Electric Power Cooperative. DCP approached Morgan County
regarding the possibility of placing an 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 has the elevation
required and would provide the most coverage for DCP's network.
Further, Section 23-4-830.C.11 states, "All reasonably possible sites for
the Telecommunication Antenna Tower have been considered, and the
proposed site is the most 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.
d. Section 23-2-230.B.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 site is not located within a three-mile referral area
with any municipality.
e. Section 23-2-230.6.5 -- 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 lot will
be required to adhere to the fee structure of the County-Wide Road
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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.
f. Section 23-2-230.B.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 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application 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, 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 USR11-0018.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
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 buildout. 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.
3) All existing utilities (including gas lines) shall be indicated on the
plat.
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-foot by 300-foot 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
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applicant shall obtain a fall zone easement from the property owner, and
evidence of such shall be recorded and referenced on the USR11-0018
plat 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.
D. The applicant shall record Subdivision Exemption No. SE-1204, for the
leasehold area.
E. The applicant shall address the concerns of the Federal Aviation
Administration (FAA), as stated in the referral dated October 4, 2011.
Written evidence of compliance with FAA requirements shall be submitted
to the Department of Planning Services.
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.
G. The applicant shall submit a De-commissioning Plan for the Tower in the
event that the on-site equipment is obsolete or is no longer required for
DCP Midstream operations.
H. 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
ninety (90) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. 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.
4. 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
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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.
5. 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. The applicant shall 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.
B. Buildings 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 Fuel Gas Code, 2006 International Energy Code, 2003 ICC
ANSI 117.1 Accessibility Code, 2011 National Electrical Code, and
Chapter 29 of the Weld County Code.
C. All building plans shall be submitted to the Briggsdale Fire Protection
District, for review and approval, prior to issuance of building permits.
6. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
62
ATTEST:
Sean P. Conway, Chair � J
Weld County Clerk to the Board �� ;/ 7
Wi i:m F. Garcia, Pro-Tem
BY: _ ' �.� �i�r. _L ISI.a
Deputy Q erk to the B. ?
�� Kirkmeyer
wo
APPROV to ASTO •RM.1oc
Rh ��
A. sr avid E. Long
..'ty Attorney '�'" EXCUSED
Douglas Rademacher
Date of signature: . aL/a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELLS RANCH, LLLP, CIO DCP MIDSTREAM, LP
USR11-0018
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0018, is
for a 200-foot Telecommunication Antenna Tower for radio communications between
various processing and compressor sites in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon.
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. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
9. 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.
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
Programs.
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. The applicant shall
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 of the building. Plans shall bear the wet stamp of a Colorado
licensed architect or engineer.
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12. Buildings 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 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.
13. All building plans shall be submitted to the Briggsdale Fire Prevention District, for review
and approval, prior to issuance of building permits.
14. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increase,
diversions, concentration and/or unplanned ponding of storm runoff. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for Best
Management Practices.
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
twelve (12) inches until the area is completely developed.
16. This area is not in a Special Flood Hazard Area (SFHA), as determined by the Federal
Emergency Management Agency (FEMA).
17. The access easement shall be a graded and drained road to provide an all-weather
access.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the 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.
21. Collocation of other antenna by other service providers shall be permitted on the tower.
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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 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.
25. 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.
26. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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