HomeMy WebLinkAbout20141122.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSII 3
INEI-010
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMM
Moved by Jason Maxey,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: USR14-0004
APPLICANT: STATE OF COLORADO,C/O BONANZA CREEK OPERATING COMPANY
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 100-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: SUBX14-0001 BEING PART OF SECTION 16, T5N, R62W OF THE 6TH P.M.,
WELD COUNTY,COLORADO.
LOCATION: APPROXIMATELY 6.5 MILES NORTH OF STATE HIGHWAY 34 AND 5 MILES
WEST OF CR 89.
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."
The applicant, Bonanza Creek Energy Operating Company, LLC, is requesting a permit to
construct a 100-foot tall telecommunications tower and a 100 square foot equipment building
on the site. The tower will be used to relay critical operational data from field locations to
operators and engineers in Denver. The application materials include a Decommissioning
Plan and a Co-location Plan. The Co-Location Plan will allow other antennas to co-locate on
this tower. The application materials also contain a letter from End 2 End Technologies, Co.
that details the applicant's results of contacting owners of other towers to consider co-
location. The summary of the letter states that there are no towers that meet the locational
and technical requirements of the applicant therefore a new tower in Section 16 is required.
The application materials indicate that no lights, signage, landscaping, or screening are
proposed. No fall zone is required because the tower meets the 100%setback,that is,the
distance from the tower to the property line of the subdivision exemption exceeds the height
of the tower.
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.
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 for 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 site is located approximately 6.5 miles north of State Highway 34 and five(5)miles west
of County Road 89 in Section 16,Township 5, Range 62. The adjacent properties are mainly
utilized for pastures. The closest residence is approximately 4 miles southwest of the site.
RESOLUTION USR14-0004
STATE OF COLORADO,C/O BONANZA CREEK OPERATING COMPANY
PAGE 2
There is one(1) USR located within one mile of this parcel and it is USR-1562 for electrical
power lines. 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 1.43 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 plat:
A. Subdivision Exemption SUBX14-0001 shall be recorded prior to the Board of County
Commissioners hearing that is scheduled for April 9, 2014. (Department of Planning
Services)
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0004. (Department of Planning
Services)
RESOLUTION USR14-0004
STATE OF COLORADO,C/O BONANZA CREEK OPERATING COMPANY
PAGE 3
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 indicate the type of easement and indicate whether it is dedicated
private or deeded to provide adequate access to the tower site. (Department of
Public Works)
5) Label the access easements with the respective reception number. The plat map
shall reference the recording information for the documents which grant legal access
to"USR14-0004. (Department of Planning Services)
6) Show the approved access on the plat and label it with the approved access permit
number(AP#). (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)
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@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 Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
RESOLUTION USR14-0004
STATE OF COLORADO, C/O BONANZA CREEK OPERATING COMPANY
PAGE 4
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 March 18, 2014.
Dated the 18th of March, 2014.
Digitally signed by Kristine
4` 6k Ranslem
Date:2014.03.20 07:41:51 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bonanza Creek Energy Operating Company, LLC
USR14-0004
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,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)
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.
RESOLUTION USR14-0004
STATE OF COLORADO,C/O BONANZA CREEK OPERATING COMPANY
PAGE 6
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 USR14-0004
STATE OF COLORADO, C/O BONANZA CREEK OPERATING COMPANY
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.
PC fM deS 3/Jg//L/
EXHIBIT
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smoc
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0001
APPLICANT: GORDON WEICHEL
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE-
FAMILY DWELLING UNIT)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: S2NW4 SECTION 14, T2N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 45; APPROXIMATELY 0.25 MILES SOUTH
OF CR 22.
Diana Aungst, Planning Services, presented Case USR14-0001, 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.
Grady Weichel, 22460 CR 22, Hudson, Colorado, said that they are in the process of constructing a shop
and are requesting to have an apartment/home attached for their son and his family.
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 USR14-0001 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 Jason Maxey, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes =8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0004
APPLICANT: STATE OF COLORADO, CIO BONANZA CREEK OPERATING COMPANY
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 100-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: SUBX14-0001 BEING PART OF SECTION 16, T5N, R62W OF THE 6TH P.M.,
WELD COUNTY,COLORADO.
LOCATION: APPROXIMATELY 6.5 MILES NORTH OF STATE HIGHWAY 34 AND 5 MILES
WEST OF CR 89.
Diana Aungst, Planning Services, presented Case USR14-0004, 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.
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Pam Hora, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that she is representing
Bonanza Creek Energy who is proposing the 100 foot telecommunication tower. It is on land owned by
the State of Colorado and accessed through the 70 Ranch. Bonanza Creek is leasing the land from the
State of Colorado. The tower will be used to relay critical information from the field into the Denver Office.
This site is located in the center of Bonanza Creek's production area.
Ms. Hora requested that an amendment be made to Condition of Approval 1 .B.5. She stated that
Bonanza Creek does not have access easements but they have lease agreements and Surface Use
Agreements with those landowners and those documents give them the right to access this property. The
lease documents are recorded and she added that they are happy to reference those documents on the
plat. Ms. Hora requested that the following language "The plat map shall reference the recording
information for the documents which grant legal access to USR14-0004", replace the existing Condition of
Approval 1 .B. 5. Ms. Aungst said that staff is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Condition of Approval 1 . B.5 as requested by the applicant and approved by staff, Moved
by Jason Maxey, Seconded by Nick Berryman. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended 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 USR14-0004 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jason Maxey, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes : Benjamin Hansford , Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Lawley expressed concern with Commissioner Elliott's absence from the hearings. The
Planning Commission concurred and requested that the Chair visit with the Planning Director.
Meeting adjourned at 2: 12 pm .
Respectfully submitted,
Kristine Ranslem
Secretary
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