HomeMy WebLinkAbout20153119.tiff BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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 USR14-0071
APPLICANT TIMBRO RANCH & CATTLE CO LLC, O/O WHITING OIL AND GAS
CORPORATION
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 160-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION SUBDIVISION EXEMPTION SUBX14-0019 BEING PART OF THE E2
SECTION 31 T10N R59W OF THE 6TH P M WELD COUNTY COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 112 AND WEST OF AND ADJACENT TO
CR 111
be recommended favorably to the Board of County Commissioners for the following reasons.
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 160 foot Buffalo Wallow 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 160-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. The closest residence is approximately
3 .25 miles southwest 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.
EXHIBIT
RESOLUTION USR14-0071
TIMBRO RANCH & CATTLE CO LLC CIO WHITING OIL AND GAS CORPORATION
PAGE 2
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 2 .6 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 USR14-0071 (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 ) CR 112 and CR 111 are designated on the Weld County Road Classification Plan as a local
gravel road which require 60-foot right-of-way at full build out. The applicant shall delineate
on the map the existing rights-of-way All setbacks shall be measured from the edge of future
right-of-way These roads are maintained by Weld County. (Department of Planning
Services - Engineer)
5) Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services - Engineer)
RESOLUTION USR14-0071
TIMBRO RANCH & CATTLE CO LLC C/O WHITING OIL AND GAS CORPORATION
PAGE 3
6) Show the approved access on the map and label with the approved access permit number
(AP14-00297) (Department of Planning Services - Engineering)
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@coweld. 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 Michael Wailes .
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 USR14-0071
TIMBRO RANCH & CATTLE CO LLC_ O/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 1 '` of September. 2015.
Digitally signed by Kristine Ranslem
42)\ CiiidevittfruDate: 2015.09.03 13:43:53 -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
USR14-0071
1 . A Site Specific Development Plan and Use By Special Review Permit, USR14-0071 , for a 160-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 from the premises. (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)
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
RESOLUTION USR14-0071
TIMBRO RANCH & CATTLE CO LLC, 0/O WHITING OIL AND GAS CORPORATION
PAGE 6
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 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.
RESOLUTION USR14-0071
TIMBRO RANCH & CATTLE CO LLC, C/O WHITING OIL AND GAS CORPORATION
PAGE 7
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.
It MPJUf&S
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 USR14-0071
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 160-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SUBDIVISION EXEMPTION SUBX14-0019. BEING PART OF THE E2
SECTION 31 T10N R59W OF THE 6TH P M WELD COUNTY. COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 112 AND WEST OF AND ADJACENT TO
CR 111
Diana Aungst. Planning Services. presented Case USR14-0071 . 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 Suite 2300. Denver. stated that this tower will be used for
their SCADA system. In response to Commissioner Smock's inquiry. they will allow co-location on this
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
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 USR14-0071 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 Benjamin Hansford. Seconded by Michael Wades
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
Meeting adjourned at 2:31 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
,6„-bant, panorte„ Date: 2015.09.04 14:19:18 -06'00'
Kristine Ranslem
Secretary
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