HomeMy WebLinkAbout20240393.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, 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
Applicant:
Planner:
Request:
Legal Description:
Location:
USR23-0040
Cervi Enterprises, Inc.. c/o Kerr-McGee Oil and Gas Onshore. LP
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a 190 -foot
Telecommunication Antenna Tower in the A (Agricultural) Zone District.
Section 34, Township 4 North, Range 63 West of the 6th P.M.. Weld County. Colorado.
Approximately 3.5 miles south of the intersection of County Road 69 and U S. Highway
34. The site will access onto U.S. Highway 34 via a private access
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 22-2-30 Land Use Goals
Section 22-2-30. C. Harmonize development with surrounding land uses.
This site is in a remote rural area. Residences are several miles away.
Section 22-2-30. C 1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
The proposed telecommunication tower is in a remote area surrounded by grazing lands, rangeland
and oil and gas encumbrances.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
Section 23-3-40.HH of the Weld County Code allows Telecommunication Antenna Towers in the
A (Agricultural) Zone District as a Use by Special Review.
The proposed communication tower will assist in the operation of oil & gas activities in the area
(Bronco Consolidated Development Plan).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
Surrounding properties consist of rangeland and pasture interspersed with oil and gas production
facilities. The facility is in a remote rural area and nearest residences are located more than
Resolution USR23-0040
Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP
Page 2
one (1) mile from the site The eastern edge of the parcel is encumbered by a 230 kV electrical
transmission line (USR-1562)
The Weld County Department of Planning Services sent notice to one (1) Surrounding Property
Owner No response has been received from surrounding property owners
There is an existing 200 -foot telecommunication antenna tower constructed in 1991 and located
approximately three (3) miles north of this proposed tower site (USR-937) The applicant has
indicated that this existing antenna tower cannot accommodate the equipment planned for this
proposed tower Additionally, the application states that the proposed tower location is the best
position for the strongest and best coverage in the area and that there are other existing towers in
the area that are being leased by Kerr McGee that will communicate with this tower
The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region
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 site is not located within a 3 -mile referral area boundary nor within a Coordinated Planning/Inter-
governmental Agreement boundary of any municipality
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not located within any overlay district officially adopted by the County, including A -P
(Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District,
or Agricultural Heritage Overlay District
Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide
Road Impact Fee Program 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 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The Natural Resources Conservation Services (NRCS) Soil Survey identifies the area that the tower
will be located as Valent sand, 3 to 9 % slopes This soil type is classified as "Not prime farmland"
No Prime Farmland will be removed from production
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
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 can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached 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 and will address and mitigate impacts on the surrounding area with the
operation of this facility
Resolution USR23-0040
Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP
Page 3
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
Prior to recording the map
A A Decommissioning Plan shall be submitted for review and approval by the Department of Planning
Services The Decommissioning Plan shall address the requirements of Section 23- 4-840 of the
Weld County Code (Department of Planning Services)
B The map shall be amended to delineate the following
All sheets of the map shall be labeled USR23-0040 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable (Department of Planning Services)
5 The map shall delineate the parking area for the employees (Department of Planning
Services)
6 Show and label all recorded easements and rights -of -way shall be delineated on the map
by book and page number or reception number (Department of Planning Services)
7 County Road 69 is an unmaintained section line right-of-way The applicant shall verify and
delineate on the map the unmaintained right-of-way from the parcel to and including the
connection to SH 34 Reference the documents creating the right-of-way All setbacks shall
be measured from the edge of right-of-way This road is not maintained by Weld County
Any unmaintained road needs to be located/identified in relationship to the right -of-way
Show and label the section line Right -of -Way as "CR 69 Section Line Right-of-way, not County
maintained " (Development Review)
8 Show the Colorado Department of Transportation (CDOT) right-of-way on the map along
with the documents creating the right-of-way (Development Review)
9 Show the approved Colorado Department of Transportation (CDOT) access point on the
map and label with the approved access permit number (Development Review)
10 Show and label the drainage flow arrows (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
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 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording
continuance fee shall be added for each additional 3 -month period (Department of Planning Services)
Resolution USR23-0040
Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP
Page 4
4 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
5 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map
is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement (Department of
Planning Services)
Motion seconded by Barney Hammond
VOTE
For Passage
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Against Passage Absent
Shana Morgan
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 Commissioners for further proceedings
Certification of Copy
I, Michelle Wall, 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 February 6, 2024
Dated the 6'h day of February 2024
Michelle Wall
Secretary
Resolution USR23-0040
Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP
Page 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cervi Enterprises Inc
c/o Kerr-McGee Oil & Gas Onshore, LP
USR23-0040
A Site -Specific Development Plan and Use by Special Review Permit, USR23-0040, for a 190 -foot
Telecommunication Antenna Tower in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon (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 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services
4 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code
(Department of Planning Services)
5 This is an unmanned facility
6 Upon termination of the use of the tele-communication antenna tower, the equipment shelter,
antenna structure, and any associated equipment shall be removed, and the premises restored
to its original condition according to the accepted Decommissioning Plan (Department of Planning
Services)
7 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
8 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
9 Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement (Development Review)
10 The historical f low patterns and runoff amounts on the site will be maintained (Development
Review)
11 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal to a manner that
protects against surface and groundwater contamination (Department of Public Health and
Environment)
12 During construction, 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 (Department of Public Health and
Environment)
13 During construction, 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 The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County
Code (Department of Public Health and Environment)
Resolution USR23-0040
Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP
Page 6
14 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the tower (Department of Public Health and Environment)
15 During construction, adequate toilet facilities and handwashing units shall be provided Portable
toilets are acceptable Portable toilets shall be serviced by a cleaner licensed in Weld County, shall
contain hand sanitizers, be screened from public view, and be removed upon completion of
construction (Department of Public Health and Environment)
16 The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Public Health and Environment)
17 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets No colored lights may be
used which may be confused with, or construed as, traffic control devices (Department of Planning
Services)
18 Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and
structures shall conform to the requirements of the various cod es adopted at the time of permit
application Currently the following has been adopted by Weld County 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection A building permit must be issued prior
to the start of construction (Department of Building Inspection)
19 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs
20 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
21 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended
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 (Department of Planning Services)
23 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 (Department of Planning Services)
24 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 (Department of
Planning Services)
Resolution USR23-0040
Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP
Page 7
25 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated
26 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use
may have been terminated, the Planner shall send certified written notice to the landowner
asking that the landowner request to vacate the Use by Special Review Permit
27 In such cases where the Use by Special Review has terminated but the landowner does not
agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with
the Board of County Commissioners to provide the landowner an opportunity to request that
the Use by Special Review Permit not be vacated, for good cause shown The landowner shall
be notified at least ten (10) days prior to the hearing If the Board of County Commissioners
determines that the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by Special Review
Permit is vacated
28 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy, (b) the populous
counties of the state face a critical shortage of such deposits, and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource
29 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long -standing agricultural
practices and a lower level of services than in town Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack
of city noise and congestion, and the rural atmosphere and way of life Without neighboring
farms, those features which attract urban dwellers to rural Weld County would quickly be gone
forever
Agricultural users of the land should not be expected to change their long -established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odorfrom
animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting
and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for
Resolution USR23-0040
Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP
Page 8
agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County Section 35-3 5-102,
C R S , provides that an agricultural operation shall not be found to be a public or private nuisance
if the agricultural operation alleged to be a nuisance employs methods or practices that are
commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and county roads outside of municipalities The sheer magnitude of the area to be
served stretches available resources Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and f ire Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies County
gravel roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road Snow removal priorities mean that roads from subdivisions to
arterials may not be cleared for several days after a major snowstorm Services in rural areas,
in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be
more self -sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood
Summary of the Weld County Planning Commission Meeting
Tuesday, February 6, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Elijah Hatch, at 1:38 p.m.
Roll Call.
Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Virginia
Guderjahn, Barney Hammond.
Absent: Shana Morgan.
Also Present: Kim Ogle, Chris Gathman, Molly Nelson, and Evan Pinkham. Department of Planning
Services, Lauren Light, Department of Environmental Health, Karin McDougal, County Attorney, and
Michelle Wall, Secretary.
Motion: Approve the December 5, 2023, Weld County Planning Commission minutes. Moved by Michael
Wailes, Seconded by Butch White. Motion passed unanimously.
Case Number: USR23-0040
Applicant: Cervi Enterprises. Inc., c/o Kerr-McGee Oil and Gas Onshore. LP
Planner: Chris Gathman
Request: A Site Specific Development Plan and Use by Special Review Permit for a 190 -
foot Telecommunication Antenna Tower in the A (Agricultural) Zone District.
Legal Description: Section 34, Township 4 North, Range 63 West of the 6th P.M., Weld County,
Colorado.
Location. Approximately 3.5 miles south of the intersection of County Road 69 and U.S.
Highway 34. The site will access onto U.S. Highway 34 via a private access
Chris Gathman, Planning Services, presented Case USR23-0040, reading the recommendation and
comments into the record. The applicant has provided a letter stating that they will allow colocation on the
proposed tower. There is an existing tower located approximately 2 miles from the proposed tower location.
However, the applicant stated that it would not be possible to collocate their equipment on it. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Matt Wells, Kerr McGee Oil and Gas Onshore, 1099 18tr, Street, Suite 700, Denver, Colorado. Mr. Wells
explained the proposed Bronco Communication Tower will be 190 feet tall communication tower. The tower
will provide automation and radio communication to all Bronco wells and facilities allowing remote
monitoring and control capabilities. There are currently 9 well pads and 141 wells.
Commissioner Wailes asked how big of an area the wells are on. Mr. Wells responded that the area is over
24,000 mineral acres between Highway 34 and 1-76. The proposed tower will be located strategically to
allow communication to the 141 wells.
Commissioner Hammond asked if it would be possible to put a repeater out there for fire protection. Mr
Wells replied the applicant is going to allow colocation by going through an application process.
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 have read through the 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 USR23-0040 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 Michael Wailes, Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Skip
Holland, Virginia Guderjahn
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 31 p m
Respectfully submitted,
`nCcGz l(e, g
Michelle Wall
Secretary
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