HomeMy WebLinkAbout20111265.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1780 FOR A TELECOMMUNICATION ANTENNA TOWER (100-FOOT SELF
SUPPORTING COMMUNICATION TOWER) IN THE A (AGRICULTURAL) ZONE
DISTRICT— 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 25th day
of May, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Petroleum Development Corporation, 1775 Sherman Street,
Suite#3000, Denver, Colorado, 80203, for a Site Specific Development Plan and Use by
Special Review Permit #1780 for a Telecommunication Antenna Tower (100-foot self supporting
communication tower) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption #4988; located in the
NW1/4 of Section 21, Township 4 North, Range 67
West of the 6th P.M., Weld County, Colorado.
WHEREAS, at said hearing, the applicant was represented by Mac Neumann, Lone
Tree Energy and Associates, 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 23-2-230.6.1 -- 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
varying land uses in the conversion of traditional agricultural lands to
other land uses." The proposed tower facility is located east of County
Road 17 on an approximately eleven (11) acre agricultural zoned parcel.
West of County Road 17, is a residential subdivision located in the Town
of Johnstown. The proposed tower site is located in a corner of the
property, screened by existing trees and buildings, and is
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approximately 550 feet from County Road 17. The nearest residences
are located to the southwest and within the residential subdivision to the
west.
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 of the Weld County
Code 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 residential, in character, to the west and immediately to the south;
agricultural land is located to the north and east. The nearest residence
is located approximately 400 feet to the southwest of the tower site, while
an existing subdivision is located approximately 600-700 feet to the west.
Existing improvements (a residence and outbuildings) are located to the
west of the proposed tower site. A letter of opposition, from a
surrounding property owner, was received on April 20, 2011; he was
concerned about the negative impacts on property values, potential
negative impacts on TV reception and wireless internet connections, lack
of landscaping on the site creating an unsightly situation, and
exacerbating flooding conditions. His letter also questioned the height of
the antenna on the tower. The proposed tower location is located in an
area that maximizes distance from the nearest residences, while being
screened by the existing trees and buildings on the property. Existing
improvements are oil and gas production facilities (tank batteries), which
are a Use by Right in the A (Agricultural) Zone District.
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 located within the three (3) mile referral area
for the Towns of Berthoud, Johnstown, and Milliken. No referral response
has been received from the Town of Berthoud, and the Town of Milliken
indicated no conflicts with its interests. The Town of Johnstown, in the
referral response dated March 22, 2011, indicated the location of the
tower appears optimal in regards to setbacks and screening, and
requested that an opaque fence, of sufficient height, be installed to
screen the ground improvements. The Town of Johnstown also indicated
it requires towers located in town to be of earth tone color.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the proposed lots
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program. Effective August 1, 2005, building permits issued
on the subject site will be required to adhere to the fee structure of the
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Capital Expansion Impact Fee and the Stormwater/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 U.S.D.A. Soils Map of Important Farmlands of Weld
County, dated 1979, designates the soils on this site as "Prime." The
tower is proposed to be located on an existing 10.8-acre lot with existing
improvements (residence and outbuildings, along with oil and gas
improvements). The site is not in agricultural production.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240) and
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 Petroleum Development Corporation, for a Site
Specific Development Plan and Use by Special Review Permit #1780 for a Telecommunication
Antenna Tower (100-foot self supporting communication 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 USR-1780.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The Town of Johnstown has designated County Road 17 as an
arterial road, which requires 120 feet of right-of-way at full
buildout. There is presently sixty (60) feet of right-of-way. An
additional thirty (30) feet from the centerline of County Road 17
(60 feet total) shall be delineated on the plat as future County
Road 17 right-of-way. 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) Any future proposed improvements (other than the communication
tower improvements) shall be removed from the plat.
C. The applicant shall attempt to address the comments/requirements of the
Town of Johnstown, as stated in the referral, dated March 22, 2011.
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Written evidence of such shall be provided to the Department of Planning
Services.
D. 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, listed 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 sixty (60) 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 file of all
drawings associated with the 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 prior to the beginning of construction.
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, 2008
National Electrical 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.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETROLEUM DEVELOPMENT CORPORATION
USR#1780
1. A Site Specific Development Plan and Use by Special Review Permit #1780 is for a
Telecommunication Antenna Tower (100-foot self supporting communication 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. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
8. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during construction of the facility.
9. Bottled water shall be utilized for drinking during the construction of the project.
10. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment (CDPE), Water Quality Control
Division.
11. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
12. Building permits are required prior to the beginning of construction.
13. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of acceptance of the permit application. Currently, the following codes have
been adopted by Weld County: 2006 International Building Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2008 National Electrical Code;
and Chapter 29 of the Weld County Code.
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DEVELOPMENT STANDARDS - PETROLEUM DEVELOPMENT CORPORATION
(USR#1780)
PAGE 2
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 run-off rate and velocity increase,
diversions, concentration and/or unplanned ponding of storm runoff.
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. The site shall be accessed utilizing the existing access.
17. The tower shall be finished and maintained in an earth tone color.
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
Chapter 23, Division 4, 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.
21. Upon termination of the use of the communication antenna tower, the equipment shelter,
antenna structure, and associated equipment shall be removed and the premises shall
be restored to its original condition.
22. 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.
23. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
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DEVELOPMENT STANDARDS - PETROLEUM DEVELOPMENT CORPORATION
(USR#1780)
PAGE 3
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. Non-compliance 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � EXCUSED
• r'"" Barbara Kirkmeyer, Chair
Weld County Clerk to t ILAer`
SED
el���/���9� . .o�%, �J Sean P. Coy, Pro-Tem BY:Deputy Clerk to the . C
Willi F. Garcia
David E. Lon ling Chai ro-Tem
/ ounty Attorney «,pp( 1/4,0 Aka/
Doug * Radema her
Date of signature: /a7
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