HomeMy WebLinkAbout20141121.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0004, FOR A 100-FOOT TALL TELECOMMUNICATION TOWER IN
THE A(AGRICULTURAL) ZONE DISTRICT - STATE OF COLORADO, C/O
BONANZA CREEK OPERATING ENERGY COMPANY, LLC
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 9th day of
April, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of State of Colorado, 1127 Sherman Street, Suite 300, Denver, CO 80203, do
Bonanza Creek Energy Operating Company, LLC, 4301 Industrial Parkway, Evans, CO 80620,
for a Site Specific Development Plan and Use by Special Review Permit, USR14-0004, for a
100-foot tall Telecommunication Tower in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX14-0001, being part
of Section 16, Township 5 North, Range 62 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tetra Tech, 1900 S.
Sunset Street, Suite IF, Longmont, CO 80501, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHERE
AS, 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
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and
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SPECIAL REVIEW PERMIT (USR14-0004) - STATE OF COLORADO, C/O BONANZA CREEK
ENERGY OPERATING COMPANY, LLC
PAGE 2
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 23-2-230.6.2 -- 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
100-foot tall telecommunications tower in the A (Agricultural) Zone
District.
C. Section 23-2-230.8.3 -- 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 U.S. Highway 34 and five (5) miles west
of County Road (CR) 89 in Section 16, Township 5 North Range 62
West. The adjacent properties are mainly utilized for pastures. The
closest residence is approximately four (4) miles southwest of the site.
There is one (1) USR located within one (1) 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 23-2-230.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
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SPECIAL REVIEW PERMIT (USR14-0004) - STATE OF COLORADO, C/O BONANZA CREEK
ENERGY OPERATING COMPANY, LLC
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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 23-2-230.6.5 -- 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 is 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 23-2-230.B.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
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 State of Colorado, Go Bonanza Creek Energy
Operating Company, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0004, for a 100-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 plat:
A. Subdivision Exemption, SUBX14-0001, shall be recorded prior to the
Board of County Commissioners hearing that is scheduled for April 9,
2014.
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0004.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
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SPECIAL REVIEW PERMIT (USR14-0004) -STATE OF COLORADO, CIO BONANZA CREEK
ENERGY OPERATING COMPANY, LLC
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4) The applicant shall indicate the type of easement and indicate
whether it is dedicated private or deeded toprovide adequate
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access to the tower site.
5) The applicant shall 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.
6) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP#).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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, 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. 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.
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SPECIAL REVIEW PERMIT (USR14-0004) - STATE OF COLORADO, C/O BONANZA CREEK
ENERGY OPERATING COMPANY, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d 0 ._,, „Lk--`.k C� y�
ougla Radema er, Chair
Weld County Clerk to the Bo.y
' r 10S1 (` �4! '' V'CUSED
( rbara Kirkmeyer, Pro-Tem
BY:
Deput Clerk to the Board �� t Ja CUSED
♦� '�i �,�� can P. Conway
APPROVED AS TO FORM: i't.i
6 Mike Freem n
4sst. County Attorney
/ Wilt mF. Ga
[�'I Date of signature: / i
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STATE OF COLORADO, C/O BONANZA CREEK
ENERGY OPERATING COMPANY, LLC
USR14-0004
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0004, is
for a 100-foot tall telecommunications tower in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
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 and the premises
restored to its original condition according to the Decommissioning Plan.
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.
6. 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.
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, Section 30-20-100.5, C.R.S.
8. 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.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing
units 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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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DEVELOPMENT STANDARDS (USR14-0004) -STATE OF COLORADO, CIO BONANZA
CREEK OPERATING COMPANY, LLC
PAGE 2
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 2011 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. 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 plat and recognized at all times.
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