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Home My WebLink About20113653.tiff HEARING CERTIFICATION DOCKET NO. 2011-31 RE: 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- PETROLEUM DEVELOPMENT CORPORATION A public hearing was conducted on May 25, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, EXCUSED Commissioner Sean P. Conway, EXCUSED Commissioner William F. Garcia Commissioner David E. Long, Acting Chair Pro-Tern Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Christie Peters County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Mary Evett Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated April 15, 2011, and duly published April 20, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the request 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. Bruce Barker, County Attorney, made this a matter of record. Acting Chair Pro-Tern Long informed Mac Neumann, Lonetree Energy and Associates, agent of Petroleum Development Corporation (PDC), the applicant has the option of continuing this matter to a date when a full quorum of the Board will be present. However, if the applicant decides to proceed today, it will require three (3) affirmative votes, or the matter will be denied. Mr. Neumann indicated the applicant would like to proceed today as planned. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the applicant has requested an extension to the height of an existing telecommunication tower from seventy (70) feet to one-hundred (100) feet, and PDC received approval for this tower, at this location, under a zoning permit (ZPTT-0001) in the Fall of 2010. Mr. Gathman indicated the nearest residence is located approximately four-hundred (400) feet southwest of the site, Pioneer Ridge/Stroh Farm residential subdivision is located approximately 600 feet to the west of the site, and agricultural land is located directly east and north of the site. Mr. Gathman stated the tower is located in an area that maximizes distance from the nearest residences, while being screened by the existing trees and outbuildings on the property. Existing improvements are oil and gas production facilities (tank batteries), which are 34,53 C,C UA, P lsi P W ‘4L- - 2011-127C - I ' I / PL2117 HEARING CERTIFICATION - PETROLEUM DEVELOPMENT CORPORATION (USR-1780) PAGE 2 a Use by Right in the A (Agricultural) Zone District. He displayed photographs of the site and the surrounding land uses. Mr. Gathman further stated twelve (12) referral agencies reviewed the proposal; seven (7) responded, and there were no referral responses received from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), Johnstown Fire Protection District, or the Town of Berthoud. He indicated the site is located within the three-mile referral areas for the Towns of Berthoud, Johnstown, and Milliken. No referral response was received from the Town of Berthoud, and the Town of Milliken indicated there no conflicts with the Town's interests. However, the Town of Johnstown indicated in the referral response, dated March 22, 2011, 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. Mr. Gathman stated one (1) letter of opposition was received from a surrounding property owner, Thomas Schehr, dated 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. Mr. Gathman also received a telephone call from an adjacent landowner who informed him his property recently went through the Change of Zone process with the Town of Johnstown; however, the subdivision has not been platted yet. Heidi Hansen, Department of Public Works, stated the property is accessed from County Road 17, which is in Johnstown's jurisdiction. She stated Development Standard #15 addresses noxious weeds and staff did not require stormwater drainage on the site. Ms. Hansen stated the applicant has met staff's requirements and they do not have any concerns with this request. In response to Commissioner Garcia, she stated the applicant is not making any changes to the site, which is why staff is not requiring them to do water quality or stormwater detention. Ms. Hansen further stated Development Standard #14 addresses runoff and flow patterns on the site. Mary Evett, Department of Public Health and Environment, stated the tower is an unmanned facility; therefore, permanent water and sewer are not required, and portable toilets, hand washing units and bottled water will be allowed during the construction of the facility. She stated Development Standards #3 through #10 address environmental health items and staff has no concerns with this request. Mr. Neumann stated the site consists of approximately eleven (11) acres, and there is an existing fifteen (15) multiple directional well pad, which drills wells underneath the Pioneer Ridge/Stroh Farm Subdivision to the west, as well as, locations under the parcels to the east and north of the site. He stated the proposed extension to the tower will be used for well automation, which will enhance production and provide limited control capability. Mr. Neumann indicated PDC has conducted multiple path studies and it was apparent they will need the additional thirty (30) feet for a more reliable signal. He provided Mr. Gathman with the test results, which indicate if the tower were to remain at seventy (70) feet, there would be interference that will not allow the signal to be as effective. Mr. Neumann referred to a diagram of the tower, described its various components, and stated at the seventy (70) foot level of the 31053 2011-1270 PL2117 HEARING CERTIFICATION - PETROLEUM DEVELOPMENT CORPORATION (USR-1780) PAGE 3 tower, there will be a three (3) to five (5) or 6 foot parabolic dish, at the 105-foot level, there will be a nine (9) foot omni-directional stick or whip antenna, and at the base of the tower there will be an 8 foot by 12 foot aggregate concrete building, which is standard for a telecommunications tower. He clarified this is not a cellular phone tower and it is strictly for the private use of PDC, which felt this was the appropriate location for the tower, due to its isolation. Then, he referred to various well layouts and the types of screening available. Mr. Neumann indicated the tower meets the appropriate setbacks from the east and south, and to the south, the tower is located 100 feet from an eighteen (18) foot recorded driveway easement. He indicated staff encouraged PDC to look at possible collocations; however, many of the sites had too much foliage, interference, and/or dust. PDC also contacted an Anadarko automation tower, located south of Milliken, and they would not allow collocation because they need the same type of isolation for their signal. Chair Pro-Tem Long clarified the description of the tower in the Resolution is 100 feet and the increase in height to 105 feet will need to be updated throughout the Resolution. In response to Chair Pro-Tem Long, Mr. Neumann stated he is uncertain whether the height of the tower will affect the setbacks for the tower. Chair Pro-Tem Long states the intent of the Weld County Code is to consider the total height of the tower, so it falls within a safe range in order to prevent damage to something or someone. In response to Commissioner Rademacher, Mr. Neumann stated a diesel engine will not be a source of energy for this tower and PDC will be using United Power. In response to Commissioner Garcia, Mr. Neumann stated there will be no interference with the television, radio, or wireless internet receptions, and he referred to a response received from the tower's general contractor, which states, "The proposed 100-foot tower does not pose a threat to cellular, AM or FM, satellite and/or broadcast type frequencies, and further information would be needed from Mr. Schehr to rule out potential interference with his in-home wireless internet." In response to Commissioner Garcia, Mr. Neumann indicated the height of the tower will increase the distance for communication and will provide a stronger signal; if the tower were to remain at the seventy (70) foot level, the signal would cut across territory of other signals, causing interference with other providers. He added the tower will need to be above the "clutter area" to work efficiently and ensure reliability, which will also improve the communication for the other towers in the area. He further stated the fencing at these types of facilities is primarily for screening purposes and recommended a total sealed type of fence, due to the heat generated from the radio transmitters, along with the combination of the hot temperatures. In response to Commissioner Rademacher, Mr. Neumann stated, at this time, the tower is designed for PDC's own use and he referred to a letter they provided as part of the permitting process, which indicates they are not entertaining collocation at this time, and if they choose to do so in the future, they will need to provide an updated letter. In response to Commissioner Rademacher, Mr. Barker suggested the Board include a requirement regarding collocation; however, he was uncertain whether to make it specific enough to exclude collocants. In response to Mr. Barker, Mr. Gathman stated since the applicant does not want to entertain collocation, at this time, staff can include Development Standards that require collocation, and should the applicant choose collocation in the future, it will not be considered a substantial change, as long as they do not physically change the tower. Commissioner Rademacher stated he does not want to make collocation a requirement, but, should PDC choose to approve another user, they will not need to come back before the Board to amend their USR. Mr. Gathman added if PDC chooses 31,63 2011-1-27C PL2117 HEARING CERTIFICATION - PETROLEUM DEVELOPMENT CORPORATION (USR-1780) PAGE 4 collocation, they will need to pull the appropriate building permits, but as long as they are not physically altering or changing it substantially, it will not be an issue. Commissioner Rademacher clarified, should PDC approve of another user on the site, they will not have to amend the USR, unless there is a substantial change. In response to Commissioner Long, Mr. Barker stated should PDC agree to collocation in the future, it is an FCC requirement for the applicant to conduct the appropriate studies to ensure they are not interfering with the signal of any other towers, and the County is not responsible for regulating this matter; however, the County encourages collocation, in order to minimize the number of towers and antennas. The public hearing was opened at 10:41 a.m. Tom Maroney, Trustee representing the Electric Equipment and Engineering Company Employees Profit Sharing Trust, stated the Trust owns the adjacent 74 acres to the east and north of the site, and the first notification he received of the proposal was a postcard received from the County regarding the extension of the tower to 100 feet. He spoke with Mr. Gathman who stated notice was provided for the seventy (70) foot tower, which is considered a Use by Right; however, he did not receive it, and at that time, Mr. Gathman seemed to be unaware the neighboring property recently went through the re- zoning process with the Town of Johnstown as a Planned Unit Development (PUD), and the preliminary plats have been drawn and were approved. Mr. Maroney distributed a map of the adjacent PUD, which identifies the location of the tower, marked Exhibit F, and indicated they worked with PDC for approximately 2.5 years to develop a drilling agreement, since PDC owns the oil and gas rights under the property's 74 acres. Municipalities typically require these types of agreements be in existence before the issuance of any final plats. He further stated Weld County requested that PDC not access the site from County Road 17, but rather from County Road 44, and they went through the appropriate process to create the easement through their property. He stated everything has been cooperative; however, the request for the proposed tower came as a surprise, and the process needs improvement. Mr. Maroney stated if a tower is a Use by Right, it is interfering with the process, since it allows the property owner to do whatever they want, without being a good neighbor. He added the 100-foot tower or any tower will have some kind of financial impact on the residential area, especially to those lots located in close proximity of the tower, and developers may have to reduce the prices of a few lots. Mr. Maroney stated the setbacks are currently 125 feet to the facility and 100 feet to the property line and he is uncertain whether that is sufficient. He also suggested PDC be required to provide liability insurance to the development without the typical exclusion from acts of God, and requested elimination of the easement requirement through their property, since the site fronts County Road 17, and there will be service vehicles needing to access the property. He stated he is not against the development of natural resources; however, he is not pleased with the 100-foot telecommunication antenna tower and he believes the process could be improved. The public hearing was closed at 10:50 a.m. Mr. Neumann explained that during the negotiation of the drilling agreement, PDC purchased the eleven (11) acre parcel, and designed and drilled the directional wells, including the locations on Mr. Maroney's property. In regard to reduced property values, Mr. Neumann stated PDC had the right to drill the wells and/or drilling pads, and they worked with Mr. Maroney and his partners to redraw various lot lines. He stated future residents will not have to see four (4) to five (5) links, gas wells and/or tank batteries and/or flow lines running down a utility corridor, and he believes they saved property values by drilling on this pad. In regard to carrying liability 3t,53 2011-1270- PL2117 HEARING CERTIFICATION - PETROLEUM DEVELOPMENT CORPORATION (USR-1780) PAGE 5 insurance, he will need to consult with PDC about that, and would appreciate not altering the setbacks at this point, since they are adequate. Mr. Neumann indicated PDC has commenced the development of the existing site, and it would be an issue for them to go back and increase the setbacks. He referred to the drawing submitted by Mr. Maroney, marked Exhibit F, which displays the location of the tower and a community clubhouse/recreational building located east of the site; he stated there may be potential for Mr. Maroney to move the community building elsewhere, but within the open space. He added as of yesterday, he does not know of anyone who plans to drill any wells on that pad. Mr. Neumann further stated the Easement Agreement was requested by the Town of Johnstown, since they own that section of road, which may have been annexed. The agreement negotiated with Electric Equipment and Engineering (EEE) and Mr. Maroney allowed service vehicles to enter the facility from the north off County Road 44, due to all of the drilling traffic and it was his understanding the easement would stay in place, unless there was a need to change it. Mr. Neumann stated they have legal access from County Road 17; however, the trigger was when the development of Stroh Farm/Pioneer Ridge began. He recommended the County enforce and recognize the terms of the existing agreement. Commissioner Long stated this concern is not included in the application and any issues regarding the Easement Agreement will need to be between PDC and the Town of Johnstown. Commissioner Rademacher stated the Board has not required liability insurance for this type of facility in the past and Mr. Barker concurred. In response to Commissioner Garcia, Mr. Neumann clarified the extension on the antenna is a whip antenna/omnidirectional. Commissioner Garcia read the definition of antenna tower height from the Weld County Code, "The distance from the finished grade at the antenna tower base to the highest point of the tower. Overall antenna tower height includes the base pad, mounting structures and panel antennas but excludes lightning rods and whip antennas." Acting Chair Pro-Tern clarified the tower can remain at 100 feet tall. In response to Commissioner Garcia, Mr. Gathman stated Condition of Approval #1.C indicates the applicant shall attempt to address the comments/requirements of the Town of Johnstown, as stated in the referral, dated March, 22, 2011, which referred to opaque fencing. He stated there is not a specific requirement in the Resolution, which addresses the type of fence that needs to be installed at the site; however, the applicant will need to work out that issue with the Town of Johnstown. Mr. Gathman indicated Mr. Schehr may have been referring to similar fencing nearby, which is a Use by Right and he is uncertain whether he would even be able to see the fence due to the trees and existing residence. Commissioner Garcia stated Mr. Schehr has recommended that no fence be installed at the site since it would not blend with the Pioneer Ridge/Stroh Farm Subdivision. In response to Mr. Gathman, Mr. Neumann stated PDC would like to take precautions for children and it is a standard practice to install a fence at these types of facilities. He stated PDC has not received any complaints from surrounding property owners, in regard to the screening located at a similar battery, multiple well facility located south of the Pioneer Ridge/Stroh Farm Subdivision, whose chain link fence, wells, and batteries are painted green. Commissioner Garcia stated if the chain link fence is a standard requirement for PDC, he is in agreement, and he just wanted to ensure Mr. Schehr's concerns were addressed. In response to Acting Chair Pro-Tern Long, Mr. Neuman stated the applicant has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed. 3.53 2011-127& PL2117 HEARING CERTIFICATION - PETROLEUM DEVELOPMENT CORPORATION (USR-1780) PAGE 6 Commissioner Rademacher moved to approve the request 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, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 11:03 a.m. This Certification was approved on the 1st day of June, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: • � � EXCUSED e\r Barbara Kirkmeyer, Chair Weld County Clerk to t o + , 1861 $¢�� EXCUSED CI 4P iti Sean P.,Conw ,� -Tem BY: 6.. Deputy Clerk to the O Wilt7 F. Garcia cok.„ David E. Long, Acting-C it Pro-Tern ❑oiaglas/Rademacher 3053 2011427'e PL2117 EXHIBIT INVENTORY CONTROL SHEET Case USR#1780 - PETROLEUM DEVELOPMENT CORPORATION 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 May 3, 2011) Email from Planner E-mail from Mac Neumann, Agent to Petroleum D. Chris Gathman Development Corporation, dated May 3, 2011 E. Applicant Two Photographs, dated February 23, 2011 F. Adjacent Landowner Map of Adjacent PUD G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. 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