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Planner: Diana Aungst Hearing Date: September 1, 2015
Case Number: USR14-0072
Applicant: Timbro Ranch & Cattle Co., LLC, do Whiting Oil and Gas Corporation
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 Subdivision Exemption SUBX14-0020, being part of the NE4 of Section 23, T10N,
Description: R58W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 116; approximately 1 mile east of CR 127.
Size of Parcel: +/- 1.11 acres Parcel No. 0285-23-0-00-003
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
y Weld County Department of Planning Services— Engineer, referral dated December 17, 2014
y Weld County Department of Public Health and Environment, referral dated December 9, 2014 updated
August 6, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Federal Aviation Administration, August 17, 2015
• Weld County Zoning Compliance, referral dated November 24, 2014
• State of Colorado, Division of Water Resources, referral dated December 1, 2014
• Weld County Department of Building Inspection, referral dated December 29, 2014
Weld County Department of Public Works—Access, referral dated November 21, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ School District RE-11J
➢ Colorado Parks and Wildlife
➢ New Raymer-Stoneham Fire Protection District
USR14-0072
Page 1 of 7
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
L r p „ ti_ t
Planner: Diana Aungst Hearing Date: September 1, 2015
Case Number: USR14-0072
Applicant: Timbro Ranch & Cattle Co., LLC, do Whiting Oil and Gas Corporation
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 Subdivision Exemption SUBX14-0020, being part of the NE4 of Section 23, T10N,
Description: R58W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 116; approximately 1 mile east of CR 127.
Size of Parcel: +/- 1.11 acres Parcel No. 0285-23-0-00-003
Case Summary:
The applicant is requesting a permit to construct a 100-foot tall telecommunications tower. This is the Razor
Communications tower and according to the Technical Needs Statement submitted by the applicant this
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 include a Decommissioning Plan and staff has added a Co-Location Development
Standard to address the co-location or allow antennas on this tower. The application materials indicate that
no landscaping or screening are proposed. Due to the remote location no landscaping or screening is
recommended by staff. The subdivision exemption plat and the fall zone easement have been recorded.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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
USR14-0072
Page 2 of 7
in New Raymer, CO. The application materials indicate that no landscaping or screening
are 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.
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.
USR14-0072
Page 3 of 7
The Department of Planning Services' staff 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 USR14-0072. (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 are 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)
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$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 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(7a.co.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)
USR14-0072
Page 4 of 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Timbro Ranch & Cattle Co., LLC, do 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 II, 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)
uSR14-0072
Page 5 of 7
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)
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. 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
USR14-0072
Page 6 of 7
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, sand burs, 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.
USR14-0072
Page 7 of 7
N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
_ PHONE: (970)353-6100, Ext. 3524
? FAX: (970)304-6498
November 20, 2014
SAVORY JIM
1700 BROADWAY SUITE 2300
DENVER, CO 80209
Subject: USR14-0072 - A Site Specific Development Plan and Use By Special Review Permit for a
100-foot tall telecommunications tower in the A(Agricultural)Zone District.
On parcel(s)of land described as:
ALL SECTION 23, T10N, R58W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
��atUKffai Reasignedson:
ay thiorioef Risdoc
Fuson:I the authorofthisdocument
Date:2014.11.20 09:09:34-07'00'
Diana Aungst
Planner
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970) 304-6498
r
July 31, 2015
SAVORY JIM
1700 BROADWAY SUITE 2300
DENVER, CO 80209
Subject: USR14-0072 - A Site Specific Development Plan and Use By Special Review Permit for a
100-foot tall telecommunications tower in the A(Agricultural)Zone District.
On oarcel(s)of land described as:
ALL SECTION 23, T10N, R58W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 1, 2015, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
30, 2015 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntyplanningcases.arc]
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Randem
(13kW Feason:I an the author of thisdocument
Date:2015.07.31 11:02:40-06'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 08/21/2015
Case Number: USR14-0072
Applicant: Timbro Ranch & Cattle Co., LLC, do Whiting Oil and Gas Corporation
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 Subdivision Exemption SUBX14-0020, being part of the NE4 of Section 23,
Description: T1 ON, R58W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 116; approximately 1 mile east of CR 127.
Size of Parcel: +/- 1.11 acres Parcel No. 0285-23-0-00-003
Zoning Land Use
N A (Agricultural) N Pastures and cropland
E A (Agricultural) E Pastures and cropland
S A (Agricultural) S Pastures and cropland
W A (Agricultural) W Pastures and cropland
COMMENTS:
The site is vacant land and CR 116 is a gravel road.
(,lv`x.l l
Diana Aungst, Planner
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