HomeMy WebLinkAbout20153118.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0071, FOR A 160-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, USR14-0071, for a 160-foot tall
Telecommunication Tower in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Subdivision Exemption, SUBX14-0019, being part of
the E1/2 of Section 31, Township 10 North,
Range 59 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
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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 160-foot Buffalo Wallow communication tower is needed to
facilitate data transmission from well site, production batteries and
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SPECIAL REVIEW PERMIT (USR14-0071) -TIMBRO RANCH AND CATTLE COMPANY, LLC,
C/O WHITING OIL AND GAS CORPORATION
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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 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.L of the Weld County
Code allows a Site Specific Development Plan and Use By Special Review
Permit for a 160-foot tall Telecommunication Tower in the A (Agricultural)
Zone District.
C. Section 23-2-230.B.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 (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.B.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.B.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.B.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 23-2-230.6.7 -- 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 can ensure
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that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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,
USR14-0071, for a 160-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 USR14-0071.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) CR 112 and CR 111 are designated on the Weld County Road
Classification Plan as local gravel roads which require 60-foot
right-of-way at full buildout. The applicant shall delineate 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.
5) Show and label all recorded easements by book and page number
or reception number and date on the site plan.
6) Show the approved access and label with the approved Access
Permit Number (AP14-00297).
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,
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a $50.00 recording continuance charge shall added for each additional three (3)
month period.
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: (�(� tAfiv � EXCUSED
(/ :�v1� Barbara Kirkmeyer, Chair
Wel unty Clerk to the Board
Mike Freeman, Pro-Tem
BY: ) RS? f . ' _
De u Clerk to he Bo rd -���/
/�J an P. Conway
APP E AST% , •
��.,�.►,� i� .
/ i i �� •�"�s . Cozad
7ounty Attorney j SED
1%Lv •\ s'-ve Moreno
Date of signature: '��• ie
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMBRO RANCH AND CATTLE COMPANY, LLC,
C/O WHITING OIL AND GAS CORPORATION
USR14-0071
1. The Site Specific Development Plan and Use By Special Review Permit, USR14-0071, is
for a 160-foot tall Telecommunication Tower in the A (Agricultural) Zone District.
2. Approval of thisplan may create a vested property right pursuant to Section 23-8-10 of
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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 from the premises.
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
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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.
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13. Building permits may be required, per Section 29-3-10 of the Weld County Code.
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.
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.
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