HomeMy WebLinkAbout20140444.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0052, FOR A 192-FOOT TALL TELECOMMUNICATION TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT- ANADARKO E&P COMPANY, LP
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 19th day
of February, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anadarko E&P Company, LP, 1099 18th Street, Denver, CO 80202,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0052, for a
192-foot tall Telecommunication Tower in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Subdivision Exemption, SE-956; being part
of the W1/2 SW1/4 of Section 3, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, represented by Elizabeth Smith,
1099 18th Street Denver, Colorado, 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
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 (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
industrial uses should be accommodated when the subject site is
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SPECIAL REVIEW PERMIT (USR13-0052) - ANADARKO E&P COMPANY, LP
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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 Conditions of Approval and
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.B.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 23-2-230.B.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
(CR) 12 borders the site on the south and CR 7 borders the site on the
west. Both CR 12 and CR 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. There are six (6) USRs located within one (1)
mile of this parcel. USR-1503 is for 150 calves, USR-1502 is for a
second single-family dwelling, and USR-1613 is for a gutter business,
which are all located south of the site. USR-60 is for a poultry operation,
USR-512 is for the storage of farm equipment, and USR-1179 is for water
tanks, which 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.
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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 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 23-2-230.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 23-2-230.8.6 -- 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 23-2-230.8.7 -- There is 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 Anadarko E&P Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0052, for a 192-foot tall
Telecommunication Tower in the A (Agricultural) Zone District in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
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1. Prior to recording the plat:
A. The applicant shall obtain a postal address for the site. Written evidence
of such shall be submitted to the Weld County 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.
C. 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.
D. CRs 12 and 7 have been annexed by the Town of Erie. The Town of Erie
supplied copies of the access permits numbers (09-056A and 10-034),
accessing only from CR 12. The "Original Road" is being used for access
to property.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0052.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall verify the existing right-of-way of CRs 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.
5) Label the approved Town of Erie access(es) on the plat with
access permit number.
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
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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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
�,,,,// WELD COUNTY, COLORADO
CCam�((ATTEST: C/ o%(„k ��
ouglar<ademac er, Chair
Weld County Clerk to the Board
fr://
De Clerk to the ,', � arbara Kirkmeyer, Fero Tem /
BY: i a ��.
P Y Board wt► ;�
W ai s.�,,
rya P. Conway
I 'buy,,
APPROVED AS T_6 FORM: 'r" hl � '
f �, e nla"�
County Attorney r c
1W iam F. Garcia
Date of signature: ,x'l?) 14
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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, USR13-0052, is
for a 192-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 as long as they
do not interfere with the Public Safety Communications of Weld County and meet the
structural requirements of the tower.
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
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DEVELOPMENT STANDARDS (USR13-0052) -ANDARKO E&P COMPANY, LP
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private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
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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