HomeMy WebLinkAbout20121647.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO I A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI R./ —00/
• 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: USR12-0013
APPLICANT: SHELTON LAND&CATTLE LTD
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FORA 150 FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE S2 SECTION 25,T4N, R65W OF THE 6TH P.M.,WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 600 FEET NORTH OF CR 40 AND APPROXIMATELY%MILE
WEST OF CR 49.
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.Goal9. States: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
• 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.
2012-1647
RESOLUTION USR12-0013
SHELTON LAND&CATTLE LTD
PAGE 2
• 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.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 land" 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 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)
RESOLUTION USR12-0013
SHELTON LAND&CATTLE LTD
PAGE 3
• 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. (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,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 maps(aco.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)
Motion seconded by Joyce Smock.
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.
RESOLUTION USR12-0013
SHELTON LAND&CATTLE LTD
PAGE 4
•
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 June 5, 2012.
Dated the 5th of June, 2012.
D1 Locatilly on: 555 y KrisAine Ranslem
Location:1555 N 17th Ave
Date:2012.06.11 08:23:54-06'00'
Kristine Ranslem
Secretary
•
•
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)
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)
RESOLUTION USR12-0013
SHELTON LAND&CATTLE LTD
PAGE 6
•
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)
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.
•
12) lJI2--
EXHIBIT
completed within a year. / -Oa
Greg Pickerel, Noble Energy,2115 117'h Ave,Greeley,Colorado,stated that the closest residence is 3 miles
to the east and 1 mile to the north.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
II"' Mr. Ogle presented a memorandum with proposed changes to the Conditions of Approval and
Development Standards. The report listed changes to Condition of Approval 1.E.3, 1.E.6, 1.6.E and delete
Development Standard18 as it is a duplicate of Development Standard 7.
Motion:Approve changes to Conditions of Approval 1.E.3, 1.E.6, 1.6.E and delete Development Standard 18
as provided by staff, Moved by Robert Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR12-0014 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes =7).
Yes: Alexander Zauder, Benjamin Hansford, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,
Thomas Holton.
• M' CASE NUMBER: USR12-0013
APPLICANT: SHELTON LAND&CATTLE LTD
PLANNER: CHRIS GATHMAN
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 SECTION 25,T4N,R65W OF THE 6T"P.M.,WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 600 FEET NORTH OF CR 40 AND APPROXIMATELY 1/2 MILE
WEST OF CR 49.
Chris Gathman, Planning Services, presented Case USR12-0013, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
Mac Neumann, Lonetree Energy and Associates, 1151 Winslow Circle, Longmont,Colorado,stated that
Petroleum Development Corporation is proposing a telecommunication antenna tower that monitors the wells
in the area so that they can be controlled by the office in Evans. They intend to automate all of the wells.
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 the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
• Motion: Forward Case USR12-0013 to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval,
2
• Moved by Robert Grand, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Alexander Zauder, Benjamin Hansford, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,
Thomas Holton.
CASE NUMBER: USR12-0019
APPLICANT: C&M RODRIGUEZ SERVICES INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INLCUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OFFICE & SHOP
BUILDING AND OUTSIDE PARKING, STORAGE AND STAGING AREA FOR
VEHICLES AND EQUIPMENT IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4015; PART E2NE4 SECTION 7, T2N, R66W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 25.5; SOUTH OF AND ADJACENT TO THE
INTERSECTION OF CR 24 AND CR 25.5.
Chris Gathman, Planning Services, presented Case USR-12-0019, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
► Tim Naylor, AGPROfessionals, 4350 Hwy 66, Longmont Colorado, stated that he represents C&M
Rodriguez Services, Inc. This proposal is to relocate an existing oilfield roust-a-bout service to this site. The
site will consist of an office and shop building for equipment storage and minor maintenance. The employees
• will arrive at the beginning of the shift and depart to off-site oil and gas facilities. There will be approximately 4
full-time employees on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Justin Shoulders, Kerr McGee,635 N 71h Ave, Brighton,Colorado,stated that he represents Kerr McGee and
added that they are opposed to this request until an agreement can be reached between the applicant and
Kerr McGee regarding the mineral rights on the property. Mr. Shoulders said that they are currently working
with the applicant on an agreement and believes that both parties will reach an agreement.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0019 to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Alexander Zauder, Benjamin Hansford, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,
Thomas Holton.
The Chair called a recess at 2:43 pm and reconvened at 2:55 pm.
CASE NUMBER: USR12-0021
APPLICANT: GOLD STONE CENTER, LLC, CIO TOWN OF NUNN
• PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FORA
NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY(ONE
(1) 180,000 GALLON WATER STORAGE TANK) IN THE A (AGRICULTURAL)
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