HomeMy WebLinkAbout20111266.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• 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: USR-1780
APPLICANT: Petroleum Development Corporation
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(100 foot communication tower) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-4988; located in the NW4 of Section 21, T4nN R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: East of and adjacent to CR 17; approximately 750 feet south of CR 44.
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.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 11
• acre agricultural zoned parcel, west of County Road 17, is a residential subdivision
located in the Town of Johnstown. The tower is to be sited in a corner of the property that
is screened by existing trees and buildings and is approximately 550-feet from County
Road 17. The nearest residences are located to the southwest and the residential
subdivision to the west.
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 residential in character to the
west and immediately to the south and 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) is located to the west of the proposed tower
site. A letter of objection from a surrounding property owner was received April 20, 2011.
Concerns listed included negative impacts on property values, potential negative impacts
on TV reception and wireless internet connections, lack of landscaping on site creating an
unsightly situation and exacerbating flooding conditions. The letter also mentions
questions as to what the height of the antenna will be on the tower. The proposed tower
location is located in an area that maximizes distance from the nearest residences while
be 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
Agricultural Zone District.
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
2011-1'266 '
Resolution USR-1780
Petroleum Development Corporation
Page 2
• affected municipalities. The site is located within a 3-mile referral area for the Towns of
Berthoud, Johnstown and Milliken. No referral response has been received from the Town
of Berthoud. The Town of Milliken indicated no conflicts with their interests. The Town of
Johnstown, in their referral response dated March 22, 2011, indicated the location of the
tower appears optimal in regards to setbacks and screening and request that an opaque
fence of sufficient height be installed to screen the ground improvements. Johnstown also
indicated that they require towers located in town to have earth tone color.
E. Section 23-2-220.A.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 Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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"Prime" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. 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 23-2-220.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 USR-1780. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The Town of Johnstown has designated County Road 17 as an Arterial road,
which requires 120 feet of right-of-way at full build out. There is presently 60 feet
of right-of-way. An additional 30 feet from the centerline of County(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. (Department of Public Works)
3. Any future proposed improvements (other than the communication tower
improvements) shall removed from the plat. (Department of Planning Services)
• C. The applicant shall attempt to address the comments/requirements of the Town of
Johnstown as stated in their referral dated March 22, 2011. Written evidence of such shall
be provided to the Department of Planning Services. (Town of Johnstown)
Resolution USR-178O
Petroleum Development Corporation
Page 3
• D. 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 sixty (60) 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 Arcinfo 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(cilco.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 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; 2008 National Electrical 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 Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 USR-1780
Petroleum Development Corporation
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 May 3, 2011.
�Datted the 3rd of May, 2011.
at`� �v 60.O a114/644-)
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Petroleum Development Corporation
USR-1780
1. A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(100-foot self supporting communication 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. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
8. Adequate toilet facilities (portable toilets) and handwashing units shall be provided during
construction of the facility. (Department of Public Health and Environment)
9. Bottled water shall be utilized for drinking during construction of the project. (Department of
Public Health and Environment)
10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health& Environment, Water Quality Control Division. (Department of
Public Health and Environment)
11. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
12. Building permits are required for buildings and structures which require permits prior to the
beginning of construction. (Department of Building Inspection)
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; 2008 National Electrical Code;
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
Resolution USR-1780
Petroleum Development Corporation
Page 6
• 14. The historical flow patterns and run-off amounts will be maintained on 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 run-off. (Department of Public Works)
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 12 inches until the area
is completely developed. (Department of Public Works)
16. Utilize the existing access to the site. (Department of Public Works)
17. The tower shall be finished and maintained in an earth tone color. (Department of Planning
Services)
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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. (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 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. (Department of Planning Services)
24. 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.
Resolution USR-1780
Petroleum Development Corporation
Page 7
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.
•
5-3 -1/
Commissioner hearing. He added that they are proposing to consider a land swap along County Roads 26.75
• and 17 that would give them the ability to get the trail around the operation and widen County Road 26 which
would include the trail in the public right-of-way. Mr. Lindsay reiterated that they are not opposed to the
application; however they are trying to negotiate the route for the trail.
Mark Lawley moved to delete Condition of Approval 1.H as stated, seconded by Erich Ehrlich. Motion carried.
Commissioner Grand asked the applicant if they feel that a resolution can be accomplished. Lynn Mayer
Shultz, L.G. Everist, 7321 E. 881h Ave, Henderson, CO, indicated that they anticipate a resolution.
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 they 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 noting that
Development Standards 27-31 regarding the floodplain may be removed upon determination from FEMA.
Robert Grand moved that Case AmUSR-1102 be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into the record.
CASE NUMBER: USR-1780
• APPLICANT: Petroleum Development Corporation
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(100 foot communication tower) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-4988; located in the NW4 of Section 21, T4nN R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: East of and adjacent to CR 17; approximately 750 feet south of CR 44.
Chris Gathman, Planning Services, stated that this request is for a 100 foot self-supporting communication
tower. This application request is to extend the height of the communication tower from 70 feet to 100 feet.
Petroleum Development Corporation was approved for a 70 foot communication tower in this location under a
zoning permit (ZPTT-0001) in 2010.
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 to 700 feet to the west across County
Road 17. There are existing improvements, a residence and outbuildings located on the site as well as oil and
gas wells. The site is immediately surrounded by the town limits for the Town of Johnstown.
Twelve referrals were sent out and seven agencies returned comments and either indicated no concerns or
are addressed through the conditions of approval and development standards.
No referral responses were received from the Federal Communications Commission, FM,Town of Berthoud,
and the Johnstown Fire Protection District. It is located within the three-mile referral areas for the Towns of
Berthoud, Johnstown and Milliken. Milliken indicated no conflict with their interests and no referral response
was received from Berthoud. The Town of Johnstown, in their referral response dated March 22, 2011,
indicated the location of the tower appeared to be optimal in regard to setbacks and screening; however they
• also requested that an opaque fence of sufficient height be installed to screen the ground improvements.
Johnstown also indicated that they require towers located in Town to have an earth tone color. Gi
ll
.ry
property is located immediately adjacent to Johnstown municipal limits, staff has proposed a development
• standard requiring the tower to be painted an earth tone color. Additionally, there is a condition of approval
that the applicant attempt to address the referral requirements of the Town of Johnstown.
A letter of objection was received from a surrounding property owner dated April 20, 2011. Concerns listed
included negative impacts on property values,potential negative impacts on TV reception and wireless internet
connection, lack of landscaping on the site creating an unsightly situation,and exacerbating flooding condition.
The letter also mentions questions on what the height of the antenna would be on the tower.
The proposed tower is located in an area that maximizes distance from the nearby residences while being
screened by existing trees and buildings on the property. Existing improvements are oil and gas production
facilities, tank batteries on site which are already installed and are a use by right in the agricultural zone
district.
Mr. Gathman stated that he received a phone call today from gentlemen, Tom Marone, who owns land
immediately east and north of this site. He indicated that they have received preliminary plat approval for a
residential subdivision on this adjacent property. There is a platted subdivision in process on that site;
however they still have to go through the Final Plat process. Mr. Marone indicated that he was concerned
about property value impacts and would like to see the applicant provide some more information on how the
tower would look on the ground.
The Department of Planning Services is recommending approval of this application along with the attached
conditions of approval and development standards.
Lauren Light, Environmental Health, stated that permanent water and sewer is not required because it is an
unmanned facility. According to FCC requirements,a free-standing tower above 30 feet in height is unlikely
to cause exposure in excess of the FCC guidelines; therefore this proposed tower is not a health concern.
Staff has no concerns with this request.
• Heidi Hansen, Public Works, stated that the applicant is using an existing access from County Road 17 which
is under Johnstown's jurisdiction. Staff has no concerns with this request.
Mac Neuman, Lonetree Energy Associates, representing Petroleum Development Corp,commented that this
additional 30 feet would enhance the backbone of their automation system. There are a number of wells on
the automation system and this tower would enable more wells to be put on the system.
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.
Robert Grand moved that Case USR-1780, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:37 pm and reconvened at 2:46 pm.
The Chair read the following case into record.
CASE NUMBER; AmUSR-1075
• APPLICANT: R.M. Hiner Construction Company, Inc.
PLANNER: Kim Ogle
7
Hello