HomeMy WebLinkAbout20171839.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0020, FOR A 190 -FOOT TALL TELECOMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT - STATE OF COLORADO, STATE BOARD
OF LAND COMMISSIONERS, C/O BONANZA CREEK ENERGY OPERATING
COMPANY, LLC
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 28th day of
June, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of the State of Colorado, State Board of Land Commissioners, do Bonanza Creek
Energy Operating Company, LLC, 600 Grant St., Suite 640, Denver, CO 80203, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0020, for a 190 -foot tall
Telecommunications Tower in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Subdivision Exemption, SUBX17-0006; being part of
Section 16, Township 5 North, Range 62 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." Section 22-2-20.G.2 (A. Policy 7.2) states:
"Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when
the subject site is in an area that can support such development,
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SPECIAL REVIEW PERMIT (USR17-0020) - STATE OF COLORADO, STATE BOARD OF LAND
COMMISSIONERS, C/O BONANZA CREEK ENERGY OPERATING COMPANY, LLC
PAGE 2
and should attempt to be compatible with the region."This USR is
a request for a 190 -foot tall telecommunications tower and a
100 -square -foot equipment building. This USR and tower will
replace the USR and tower that was approved under USR14-0004.
The original tower (USR14-0004) is for a 100 -foot tall
telecommunications tower. USR14-0004 will be vacated after
USR17-0020 has been constructed. The taller tower is required due
to the increase in data traffic from the field devices. The taller tower
will provide a larger load capacity and increase the amount of
communications equipment able to be mounted. Additionally, the
increase in height will allow for better coverage on both the new
ultra -high frequency (UHF) and the 5GHz. The application materials
include a Decommissioning Plan and a Co -location Plan, which will
allow other antennas to co -locate on this tower. The application
materials indicate that no lights, landscaping, or screening are
proposed. No fall zone is required because the tower meets the
100% setback, that is, the distance from the tower to the property
line of the lease area is equal to the height of the tower (the
dimensions of the lease area are 390'x390'). The Development
Standards for this proposal will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with
surrounding land uses.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.L allows for a Site
Specific Development Plan and Use by Special Review Permit for a
190 -foot tall telecommunications tower 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 site is located approximately
6.5 miles north of U.S. Highway 34 and five (5) miles west of County
Road 89. The adjacent properties are mainly utilized for pastures. The
closest residence is approximately four (4) miles southwest of the site.
There is one (1) USR located within one mile of this parcel and it is USR-
1562 for electrical power lines. The Weld County Department of Planning
Services has not received any correspondence from the surrounding
property owners related to this USR.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
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SPECIAL REVIEW PERMIT (USR17-0020) - STATE OF COLORADO, STATE BOARD OF LAND
COMMISSIONERS, C/O BONANZA CREEK ENERGY OPERATING COMPANY, LLC
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E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The property is not within the Geologic
Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay
District. Building Permits issued on the lot will be required to adhere to the
fee structure of the County -Wide Road Impact Fee, County Facility Fee and
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 proposed telecommunications tower is located on approximately
3.315 acres of "Other Land," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. This USR is for a
telecommunications tower which will not take any Prime (Irrigated)
Farmland out of production.
G. Section 23-2-230.B.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 can 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 the State of Colorado, State Board of Land
Commissioners, c/o Bonanza Creek Energy Operating Company, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0020, for a 190 -foot tall
Telecommunications 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 USR map:
A. The applicant shall record Subdivision Exemption, SUBX17-0006.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0020.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Label the access easements with the respective reception number
and date recorded.
5) The applicant shall show the drainage flow arrows.
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SPECIAL REVIEW PERMIT (USR17-0020) - STATE OF COLORADO, STATE BOARD OF LAND
COMMISSIONERS, C/O BONANZA CREEK ENERGY OPERATING COMPANY, LLC
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6) County Road 69 is a paved road and is designated on the Weld
County Road Classification Plan as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
7) County Road 69 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
8) County Road 56 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
9) Show and label the approved access(es) (AP16-00384), and the
appropriate turning radii on the site plan.
10) Show and label the entrance gate set back a minimum of 100 feet
from the edge of shoulder.
11) Show and label the section line Right -of -Way as "CR _ Section Line
Right of Way, not County maintained."
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat,
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 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
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SPECIAL REVIEW PERMIT (USR17-0020) - STATE OF COLORADO, STATE BOARD OF LAND
COMMISSIONERS, C/O BONANZA CREEK ENERGY OPERATING COMPANY, LLC
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4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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 or the
applicant has been approved for an early release agreement.
7. The applicant shall complete the vacation and decommissioning of USR14-0004
within six (6) months of the completion of the new tower.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of June, A.D., 2017.
ATTEST: datif44)to;&k.
Weld County Clerk to the Board
BY:
(1.
y Clerk to the Board
AP ' : ED AS
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CCOI,QRADO
b.; O
Julie A. Cozad, Chair
Steve Moreno, Pro -T m
Sean P. Conway
ounty ttorney �� j� ``�� �� /ice
rbara Kirkmeyer
Date of signature: 71 51 17
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STATE OF COLORADO, STATE BOARD OF LAND COMMISSIONERS,
CIO BONANZA CREEK ENERGY OPERATING COMPANY, LLC
USR17-0020
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0020, is
for a 190 -foot tall Telecommunications Tower in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Co -location of other antennas by other service providers shall be allowed.
4. Upon termination of the use of the 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 Decommissioning Plan.
5. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
6. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
7. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
8. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. 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.
11. 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.
12. 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. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
13. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
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DEVELOPMENT STANDARDS (USR17-0020) - STATE OF COLORADO, STATE BOARD OF
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14. Adequate drinking (bottled water), toilet facilities (portable toilets) and handwashing units
shall be provided during construction of the facility.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
17. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical 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.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
21. 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.
22. 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;
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DEVELOPMENT STANDARDS (USR17-0020) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O BONANZA CREEK ENERGY OPERATING COMPANY, LLC
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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 person 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.
23. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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