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Home My WebLink About20171840.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Joyce Smock, 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 USR17-0020 APPLICANT STATE OF COLORADO C/O BONANZA CREEK ENERGY OPERATING COMPANY, LLC PLANNER DIANA AUNGST REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 190 -FOOT TALL TELECOMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION SUBX17-0006 BEING PART OF SECTION 16. T5N. R62W OF THE 6TH P M WELD COUNTY. COLORADO LOCATION APPROXIMATELY 6.5 MILES NORTH OF HWY 34 AND 5 MILES WEST OF CR 89. SECTION 16 TOWNSHIP 5 NORTH RANGE 62 WEST OF THE 6 " P M., WELD COUNTY. COLORDO. 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. G - A. Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change.'' and 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, 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. The Co -location Plan 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'x39O). 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. 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 which 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 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. EXHIBIT .O D ��Zl'? - Ov ---D RESOLUTION USR17-0020 STATE OF COLORADO. CIO BONANZA CREEK ENERGY OPERATING COMPANY. LLC PAGE 2 The site is located approximately 6.5 miles north of State Highway 34 and five (5) miles west of County Road 89 in Section 16. Township 5. Range 62. The adjacent properties are mainly utilized for pastures. The closest residence is approximately 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 23-2-220.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 three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E Section 23-2-220.A.5 -- The application complies with Chapter 23. Article V. of the Weld County Code The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area 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 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. 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 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 23-2-220.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 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 USR map. A. The applicant shall record Subdivision Exemption SUBX17-0006. (Department of Planning Services) B The map shall be amended to delineate the following. 1) All sheets of the map shall be labeled USR17-0020 (Department of Planning Services) RESOLUTION USR17-0020 STATE OF COLORADO. CIO BONANZA CREEK ENERGY OPERATING COMPANY LLC PAGE 3 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) Label the access easements with the respective reception number and date recorded. (Department of Planning Services) 5) The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 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 (Department of Public Works) 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. (Department of Public Works) 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. (Department of Public Works) 9) Show and label the approved access(es) (AP16-00384). and the appropriate turning radii on the site plan. (Department of Public Works) 10) Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder. (Department of Public Works) 11) Show and label the section line Right -of -Way as "CR Section Line Right of Way. not County maintained" (Department of Public Works) 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. (Department of Planning Services) 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. (Department of Planning Services) 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@coweld.co.us. (Department of Planning Services) RESOLUTION USR17-0020 STATE OF COLORADO. O/O BONANZA CREEK ENERGY OPERATING COMPANY LLC PAGE 4 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) 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. (Department of Planning Services) 7. The applicant shall complete the vacation and decommissioning of USR14-0004 within six (6) months of the completion of the new tower. (Department of Planning Services) Motion seconded by Gene Stille VOTE: For Passage Bruce Sparrow Jordan Jemiola Joyce Smock Michael Wailes Terry Cross Tom Cope Gene Stille Against Passage Absent Bruce Johnson Cherilyn Barringer 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. 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 June 6, 2017. Dated the 6th of June, 2017 Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bonanza Creek Energy Operating Company. LLC USR17-0020 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. 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. Co -location of other antennas by other service providers shall be allowed (Department of Planning Services) 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. (Department of Planning Services) 5. The property owner shall control noxious weeds on the site. (Department of Public Works) 6. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 7. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 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 (Department of Public Works) 9. The historical flow patterns and runoff amounts on the site will be maintained_ (Department of Planning Services -Engineer) 10. 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) 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, 30-20-100.5. C R S . as amended. (Department of Public Health and Environment) 12. 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 applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 14. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) RESOLUTION USR17-0020 STATE OF COLORADO. C/O BONANZA CREEK ENERGY OPERATING COMPANY LLC PAGE 6 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. (Department of Planning Services) 17_ Building permits may be required, per Section 29-3-10 of the Weld County Coda 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_ (Department of Building 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: 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 WELD COUNTY'S RIGHT TO FARM 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. RESOLUTION USR17-0020 STATE OF COLORADO. O/O BONANZA CREEK ENERGY OPERATING COMPANY LLC PAGE 7 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: odor from 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 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 fire 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. ry ,-A;, at5 a - - tq- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 6. 2017 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, Bruce Sparrow. at 12:30 pm. Roll Call. Present Bruce Sparrow, Gene Stille, Jordan Jemiola. Joyce Smock. Michael Wailes, Terry Cross. Tom Cope. Absent. Bruce Johnson. Cherilyn Barringer Also Present Kim Ogle. Chris Gathman, and Diana Aungst, Department of Planning Services: Hayley Balzano, Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell, Department of Health: Evan Pinkham. Public Works: Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion Approve the May 16, 2017 Weld County Planning Commission minutes, Moved by Terry Cross, Seconded by Gene Stille. Motion passed unanimously. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR 17-0020 STATE OF COLORADO CIO BONANZA CREEK ENERGY OPERATING COMPANY. LLC DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 190 -FOOT TALL TELECOMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT SUBX17-0006 BEING PART OF SECTION 16. T5N, R62W OF THE 6TH P M.. WELD COUNTY. COLORADO APPROXIMATELY 6 5 MILES NORTH OF HWY 34 AND 5 MILES WESTOF CR 89 SECTION 16 TOWNSHIP 5 NORTH RANGE 62 WEST OF THE 6-`-• P M WELD COUNTY. COLORADO Diana Aungst, Planning Services. presented Case USR17-0020. reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works. reported on the existing traffic and access to the site. Hayley Balzano. Engineering. reported on the drainage conditions for the site. Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements, on -site dust control. and the Waste Handling Plan Melissa Mayer, Bonanza Creek Energy Operating Company, LLC, 410 17th Street. Denver, Colorado stated that it is an existing oil and gas facility and they would like to install a 190 foot communication tower to replace the existing 100 foot communication tower. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner Cope said it makes sense to decommission the old tower after the new one is built. Ms. Aungst requested an amendment to the Planning Commission Resolution by adding a Condition of Approval which states "The applicant shall complete the vacation of USR14-0004". Ms. Mayer said that they agree to vacating the current the USR after a given period of time for decommissioning the old tower Ms Aungst suggested amending the proposed langua•e to read "The EXHIBIT �-� - 0 0 2-0 1 applicant shall complete the vacation and decommissioning of USR14-0004 within six (6) months of the completion of the new tower". Motion: Add Condition of Approval 7 as stated by staff, Moved by Joyce Smock, Seconded by Gene Stille. Motion carried unanimously. The Chair asked the applicant if they have read through the Development Standards and amended Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR17-0020 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope. Meeting adjourned at 7:55 pm. Respectfully submitted, &6Lt4t Kristine Ranslem Secretary 2 Hello