Loading...
HomeMy WebLinkAbout20140445.tiff EXHIBIT BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS' le.1 'DA Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County Planning Commission, E3e it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR13-0052 APPLICANT: ANADARKO E&P COMPANY LP PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 192 FOOT TALL TELECOMMUNICATIONS TOWER IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT A SUB EXEMPT SE-956; PART W2SW4 SECTION 3, Ti N, R68W OF THE 6TH P.M.,WELD COUNTY,COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 12; EAST OF AND ADJACENT TO CR 7. 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 - A.Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change." and 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." Anadarko E&P Company, LP, is requesting a permit to construct a 192-foot tall telecommunications tower, 35'x35' pad, and shelter. The tower will be operated by Kerr- McGee Oil and Gas Onshore,LP. According to the Technical Justification memo included in the application materials this tower provides essential safety and business related communication to and from the Integrate Operation Center located in Evans,CO. This tower will allow co-location for approximately 15-20 antennas. The Federal Aviation Administration's referral comments dated December 3,2013 state that no lights are required for this tower. The application materials indicate that no lights,signage, landscaping,or screening are proposed. The Development Standards and the Conditions of Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. 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. allows for A Site Specific Development Plan and Use by Special Review Permit for a 192-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 site is located within the Town of Frederick's Intergovernmental Agreement Area and is adjacent to the Town of Erie's corporate limits.The adjacent properties are mainly utilized for pastures, crops, and rural residences. County Road 12 borders the site on the south and County Road 7 borders the site on the west. Both County Road 12 and County Road 7 are annexed into the Town of Erie. The property to the east is primarily agricultural land. The property to the north is rural residential. The closest residence is approximately 60 feet north of the north property line. �D1 - M5 RESOLUTION USR13-0052 ANADARKO E&P COMPANY LP PAGE 2 There are six (6) USRs located within one mile of this parcel. USR-1503 for a 150 calves, USR-1502 for a second single-family dwelling, and USR-1613 for a gutter business are all located south of the site. USR-60 for a poultry operation, USR-512 for the storage of farm equipment,and USR-1179 for water tanks are all located north of the site.The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners related to this USR. The Federal Aviation Administration's referral comments dated December 3,2013 state that no lights are required for this tower. The application materials indicate that no lights,signage, landscaping,or screening are proposed. The Development Standards and the Conditions of Approval 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 located within the three(3)mile referral area of the Towns of Erie, Frederick and Dacono and the City and County of Broomfield. The Town of Frederick's referral dated November 14,2013 and the Town of Dacono's referral dated November 13,2013 indicated no concerns. The Town of Erie did not respond with any referral comments. The City and County of Broomfield's referral dated December 9, 2013 indicated that, "Broomfield is concerned about the proposed 192-foot tower with required lighting and its potential visual impact as far away as the northern boundary of the City and County of Broomfield. Anything that can be done within Weld County regulatory authority to reduce the height of the proposed tower to the minimum height absolutely necessary or reduce visual impacts would be greatly appreciated." The applicant provided an email dated January 20, 2014 that addresses the comments of the City and County of Broomfield. 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 facility is located on approximately 75 acres Prime(Irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR is for a telecommunications tower which will not take a small portion of Prime (Irrigated) Farmland, but the remainder of the parcel is owned by an oil and gas company and has a salt water injection well located on the northeast section and does not appear to be farmed. 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. RESOLUTION USR13-0052 ANADARKO E&P COMPANY LP PAGE 3 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 plat: A. The applicant shall address the requirements of the Frederick-Firestone Fire Protection District, as stated in the referral response dated November 19,2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall attempt to address the requirements of the Colorado Division of Parks and Wildlife, as stated in the referral dated December 2, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall address the requirements of the Federal Aviation Administration,as stated in the referral dated December 5, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) D. The access width requirements for emergency equipment(fire department)are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. (Department of Public Works) E. County Roads 12 and 7 have been annexed by the Town of Erie. Accesses and right-of-way requirements will be determined by the Town of Erie. (Department of Public Works) F. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0052. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of Planning Services) 4) The applicant shall verify the existing right-of-way of County Roads 7 and 12 with the Town of Erie. All setbacks shall be measured from the edge of future rights-of-way. These roads are maintained by the Town of Erie. (Department of Planning Services) 5) Label the approved Town of Erie access(es) on the plat with access permit number. (Department of Public Works) 2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of Planning Services. 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 shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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 applicant shall be responsible for paying the recording fee. (Department of Planning Services) RESOLUTION USR13-0052 ANADARKO E&P COMPANY LP PAGE 4 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. (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(a�co.weld.co.us. (Department of Planning Services) 5. 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 plat 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 Nick Berryman. VOTE: For Passage Against Passage Absent Benjamin Hansford Bret Elliott Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Mark Lawley Michael Wailes Nick Berryman 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. 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 February 4, 2014. Dated the 4th of February, 2014. Digitally signed by Kristine 06:0' l!'LG,y‘?4,1. [Q.j1'L Ranslem Date:2014.02.07 07:37:12-07'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Anadarko E&P Company, LP USR13-0052 1. A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District,subject to the Development Standards stated hereon. (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 Section 15-1-180 of the Weld County Code. (Department of Public Works) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. 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,C.R.S.,as amended. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions,blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (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;2011 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 USR13-0052 ANADARKO E&P COMPANY LP 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. 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 USR13-0052 ANADARKO E&P COMPANY LP 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. �C rrY! S a-4-N SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 4, 2014 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, Mark Lawley, at 1:37 pm. Roll Call. Present: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Absent/Excused: Benjamin Hansford, Bret Elliott, and Jason Maxey Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the January 21, 2014 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Nick Berryman. Motion passed unanimously. CASE NUMBER: USR13-0052 APPLICANT: ANADARKO E&P COMPANY LP PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 192 FOOT TALL TELECOMMUNICATIONS TOWER IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT A SUB EXEMPT SE-956; PART W2SW4 SECTION 3,T1 N, R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 12; EAST OF AND ADJACENT TO CR 7. Diana Aungst, Planning Services, presented Case USR13-0052, 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. Don Carroll, Public Works, 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. Elizabeth Smith, Anadarko, 1099 18th St, Denver, Colorado, stated that they are proposing to construct a 192 foot tower on their existing salt water injection facility site. This will be used to provide essential safety and business related communications to and from their integrated operations center located in Evans. These towers are crucial in emergency response efforts and are a key piece in protecting the health and safety of the public during a catastrophic event such as the recent flood of 2013. Ms. Smith stated that currently they are co-locating with American Tower; however American Tower is terminating their lease the end of February. Because of the reflection from the existing oil and gas tank batteries they are requesting 192 feet tall tower. Commissioner Sparrow asked about the lighting requirement on the tower, Ryan Ralthsmeyer, 1099 18th Street, Denver, Colorado, stated that anything below 200 feet typically does not require a light. They submitted a study to the FAA and they determined that there is no lighting required for 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. EXHIBIT 46 ' g 13- 40/1.71--D _ Motion : Forward Case USR13-0052 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 Jordan Jemiola, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. CASE NUMBER: USR13-0053 APPLICANT: PTI USA MANUFACTURING LLC PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE AREA FOR MODULAR UNITS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: PARCEL B REC EXEMPT RE-226 EXC; PART NE4 SECTION 3, T4N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO HWY 60 AND WEST OF AND ADJACENT TO INTERSTATE 25. Diana Aungst, Planning Services, presented Case USR13-0053, 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. Don Carroll, Public Works, 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. Brett Koth, PTI , 390 Mountain View Avenue, Berthoud, Colorado, stated that they are trying to increase their output of these modular units from their factory from 16 to 20 per week. The storage currently has space for 30 units and they are requesting additional area for storage. Commissioner Lawley asked if they intend to annex into the Town of Johnstown. Mr. Koth said that they do not intend to annex into Johnstown. He added that they have no interest in developing the land; they intend to only use the site as storage. 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 USR13-0053 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 Jordan Jemiola, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. CASE NUMBER: USR13-0054 APPLICANT: TRI-STATE GENERATION AND TRANSMISSION, INC PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO (2) 115KV TRANSMISSION LINES EXTENDING APPROXIMATELY 24.7 MILES AND TWO (2) SUBSTATIONS - KEOTA AT THE WEST TERMINAL AND REDTAIL AT THE EAST TERMINAL) AND ONE (1 ) 250 FOOT COMMUNICATION 2 Hello