HomeMy WebLinkAbout20153131.tiff BEFORE THE WELD COUNTY. COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow. 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
tabbies' CASE NUMBER USR14-0072
APPLICANT TIMBRO RANCH & CATTLE CO LLC. C/O WHITING OIL AND GAS
CORPORATION
m PLANNER DIANA AUNGST
X REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 100-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
IF
(AGRICULTURAL) ZONE DISTRICT
• eti LEGAL DESCRIPTION SUBX14-0020 BEING PART OF SECTION 23 T10N R58W OF THE 6TH P M
WELD COUNTY COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 116 AND APPROXIMATELY ONE MILE
EAST OF CR 127
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. 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 Communications tower is needed to
facilitate data transmission from well site. production batteries and pipelines 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 23-2-220.A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40. L which allows a Site Specific Development Plan and Use By
Special Review Permit for a 100-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.
The adjacent properties are mainly utilized for pastures. There are no residences within 4 miles
of the site
There are no USRs within one 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 23-2-220 .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
1
RESOLUTION USR14-0072
TIMBRO RANCH & CATTLE CO LLC C/O WHITING OIL AND GAS CORPORATION
PAGE 2
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.
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 proposed telecommunications tower 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
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 map.
A The map shall be amended to delineate the following:
1 ) All sheets of the map shall be labeled USR 14-0072 . ( Department of Planning Services)
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) County Road 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 build out. The applicant shall
delineate on the map 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 (Department of Planning
Services - Engineering)
5) Show the approved access on the map and label with the approved access permit number
(AP14-00266) (Department of Planning Services - Engineering)
6) Show and label all easements with the recorded document reception number and date on the
site plan. (Department of Planning Services - Engineer)
RESOLUTION USR14-0072
TIMBRO RANCH & CATTLE CO LLC. C/O WHITING OIL AND GAS CORPORATION
PAGE 3
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 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 Weld County Code Ordinance #2012-3, approved April 30, 2012 , should the map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution , a S50 . 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 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
mapsco.weld . co. us. (Department of Planning Services)
5_ Prior to Construction.
A. If more than 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. (Department of
Planning Services - Engineering)
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. (Department of Planning Services)
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
RESOLUTION USR14-0072
TIMBRO RANCH & CATTLE CO LLC, C/O WHITING OIL AND GAS CORPORATION
PAGE 4
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 September 1 , 2015.
Dated the 1st of September, 2015.
Digitally signed by Kristine Ranslem
Date: 2015.09.03 13:45:19 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Timbro Ranch & Cattle Co . , LLC . c/o Whiting Oil and Gas Corporation
USR14-0072
1 A Site Specific Development Plan and Use by Special Review Permit for a 100-foot tall
Telecommunications Tower in the A (Agricultural ) Zone District. (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. 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 It of the Weld County Code. ( Department of Planning Services
- Engineering)
6. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineering)
7. 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 in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
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. 30-20- 100. 5 . (Department of Public Health and Environment)
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. (Department of
Public Health and Environment)
10 . 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)
11 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)
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. (Department of Planning Services)
13 . Building permit 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 . (Department of Building Inspection)
RESOLUTION USR14-0072
TIMBRO RANCH & CATTLE CO LLC . C/O WHITING OIL AND GAS CORPORATION
PAGE 6
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 states
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 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
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
RESOLUTION USR14-0072
TIMBRO RANCH & CATTLE CO LLC C/O WHITING OIL AND GAS CORPORATION
PAGE 7
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.
�C M,tQui
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 1 , 2015
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,
Jordan Jemiola, at 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent/Excused: Bruce Johnson
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Wayne
Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 4, 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Michael Wailes. Motion passed unanimously.
Bruce Johnson entered the meeting at 12:41 pm.
CASE NUMBER: USR14-0072
APPLICANT: TIMBRO RANCH & CATTLE CO LLC, C/O WHITING OIL AND GAS
CORPORATION
PLANNER: DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 100-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT,
LEGAL DESCRIPTION SUBX14-0020 BEING PART OF SECTION 23, T10N, R58W OF THE 6TH P.M. ,
WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 116 AND APPROXIMATELY ONE MILE
EAST OF CR 127
Diana Aungst, Planning Services, presented Case USR14-0072, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Staff had no concerns with this request.
Jim Savory, Whiting Petroleum, 1700 Broadway, Denver, stated that this tower is 60 feet shorter than the
previous case. This tower will complete their monitoring system.
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 USR14-0072 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 Bruce Sparrow. Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross. EXHIBIT
uSe-14-
Meeting adjourned at 2:31 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
seSibollted 124naL)24,1, Date: 2015.09.04 14:20:43 -06'00'
Kristine Ranslem
Secretary
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