HomeMy WebLinkAbout20153130.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0072, FOR A 100-FOOT TALL TELECOMMUNICATION TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT - TIMBRO RANCH AND CATTLE
COMPANY, LLC, C/O WHITING OIL AND GAS CORPORATION
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 7th day of
October, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Timbro Ranch and Cattle Company, LLC, P.O. Box 368, Littleton, CO 80160,
c/o Whiting Oil and Gas Corporation, 1700 Broadway, Suite 2300, Denver, CO 80290, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0072, for a 100-foot tall
Telecommunication Tower in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Subdivision Exemption, SUBX14-0020; being part of
Section 23, Township 10 North, Range 58 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.B 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.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,"According to the application materials,
the 100-foot Razor Communication Tower is needed to facilitate
data transmission from well site, production batteries and pipelines
2015-3130
PL2370
SPECIAL REVIEW PERMIT (USR14-0072) -TIMBRO RANCH CATTLE COMPANY, LLC, C/O
WHITING OIL AND GAS CORPORATION
PAGE 2
to the "Supervisory Controls and Data Acquisition"SCADA system.
This SCADA system is monitored by operations personnel from the
Redtail Field operations control room located in New Raymer, CO.
The application materials indicate that no landscaping or screening
is proposed. Due to the remote location, no landscaping or
screening is recommended by staff.
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 a Site Specific
Development Plan and Use By Special Review Permit for a 100-foot tall
Telecommunication Tower in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are mainly
utilized for pastures. There are no residences within four (4) miles of the
site. There are no USRs within one (1) mile of the lease area for this tower.
The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners related to this USR.
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.
D. Section 23-2-230.6.4--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 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed Telecommunication Tower is on approximately 1.11
acres of "Other Land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This USR is for a Telecommunication
Tower, which will not take any Prime (Irrigated) Farmland out of production.
G. Section 23-2-230.6.7 -- 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 will ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
2015-3130
PL2370
SPECIAL REVIEW PERMIT (USR14-0072) - TIMBRO RANCH CATTLE COMPANY, LLC, C/O
WHITING OIL AND GAS CORPORATION
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Timbro Ranch and Cattle Company, LLC, c/o Whiting
Oil and Gas Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0072, for a 100-foot tall Telecommunication 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 map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0072.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) County Road (CR) 116 is designated on the Weld County Road
Classification Plan as a local gravel road which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate the
existing right-of-way. All setbacks shall be measured from the edge
of future right-of-way. This road is maintained by Weld County.
5) Show the approved access and label with the approved Access
Permit Number (AP#14-00266).
6) Show and label all easements with the recorded document
reception number and date.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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.
2015-3130
PL2370
SPECIAL REVIEW PERMIT (USR14-0072) -TIMBRO RANCH CATTLE COMPANY, LLC, C/O
WHITING OIL AND GAS CORPORATION
PAGE 4
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). 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 prior to the start of construction. Contact the planning
department for application information.
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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daft W „�,/ �� EXCUSED
C1 %utN/ �C� Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
/ „ricILaciu.e....
-
Mike Freeman, Pro-Tern
BY: (kg��.. ) �
D �ty Clerk to the B rd 3 c
'� � Sean P. Co ay
A ' OAPP AS TO F
lie A. Cozad
mey %►�� ►out Atto ,�. CUSED
Por. teve Moreno
Date of signature: l6/DLO / / �\�`,
♦ I
2015-3130
PL2370
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMBRO RANCH AND CATTLE COMPANY, LLC,
C/O WHITING OIL AND GAS CORPORATION
USR14-0072
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0072, is
for a 100-foot tall Telecommunication Tower in the A (Agricultural) Zone District.
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. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
6. The historical flow patterns and runoff amounts will be maintained on the site.
7. 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.
8. 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.
9. 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 1 of the
Weld County Code.
10. Adequate drinking water (bottled), toilet facilities (portable toilets) and handwashing units
shall be provided during construction of the facility.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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.
2015-3130
PL2370
DEVELOPMENT STANDARDS (USR14-0072) -TIMBRO RANCH AND CATTLE COMPANY,
LLC, C/O WHITING OIL AND GAS CORPORATION
PAGE 2
13. Building permits maybe required, per Section 29-3-10 of the Weld County Code. Currently
the following has been adopted by Weld County: 2012 International Codes; 2006
International Energy Code; 2014 National Electrical Code; A building permit application
must be completed and two 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 registered State of Colorado engineer shall be required
or an open hole inspection.
14. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
2015-3130
PL2370
Hello