HomeMy WebLinkAbout20141123.tiff LAND USE APPLICATION
SUMMARY SHEET
Icon " itY
Planner: Diana Aungst Hearing Date: March 18, 2014
Case Number: USR14-0004
Owner: State of Colorado
do State Board of Land Commissioners (contact: Matt Pollart)
1127 Sherman Street, Suite 300
Denver, CO 80203
Applicant: Bonanza Creek Energy Operating Company, LLC
do Martin Lohman
4301 Industrial Parkway
Evans, CO 80620
Representative: Pam Hora
Tetra Tech, Inc.
1900 S. Sunset Street, Suite F
Longmont, CO 80501
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 Subdivision Exemption SUBX14-0001, being part of the NW4NE4 of Section 16, T5N,
Description: R62W of the 6th p.m., Weld County, Co
Location: Approximately 6.5 miles north of State Highway 34; 5 miles west of County Road 89
Size of Parcel: +/- 1.435 acres Parcel No. 0967-16-1-00-001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated February 20, 2014
Weld County Department of Public Health and Environment, referral dated February 14, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y School District RE-7, referral dated February 4, 2014
y Weld County Zoning Compliance, referral dated January 31, 2014
➢ Colorado Division of Parks and Wildlife, referral dated February 7, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Department of Building Inspection
uSR14-0004
Page 1 of 8
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Diana Aungst Hearing Date: March 18, 2014
Case Number: USR14-0004
Owner: State of Colorado
do State Board of Land Commissioners (contact: Matt Pollart)
1127 Sherman Street, Suite 300
Denver, CO 80203
Applicant: Bonanza Creek Energy Operating Company, LLC
do Martin Lohman
4301 Industrial Parkway
Evans, CO 80620
Representative: Pam Hora
Tetra Tech, Inc.
1900 S. Sunset Street, Suite F
Longmont, CO 80501
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 Subdivision Exemption SUBX14-0001, being part of the NW4NE4 of Section 16, T5N,
Description: R62W of the 6th p.m., Weld County, Co
Location: Approximately 6.5 miles north of State Highway 34; 5 miles west of County Road 89
Size of Parcel: +/- 1.435 acres Parcel No. 0967-16-1-00-001
Case Summary:
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.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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.
uSR14-0004
Page 2 of 8
2. It is the opinion of the Department of Planning Services' staff 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.
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.
USR14-0004
Page 3 of 8
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 Department of Planning Services' staff 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)
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. (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)
USR14-0004
Page 4 of 8
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(c�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)
uSR14-0004
Page 5 of 8
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)
USR14-0004
Page 6 of 8
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.
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.
USR14-0004
Page 7 of 8
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.
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, sand burs, 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.
USR14-0004
Page 8 of 8
h N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
i •./ PHONE: (970)353-6100, Ext. 3524
X ? FAX: (970)304-6498
January 31, 2014
HORA PAM
1900 S SUNSET ST STE IE
LONGMONT CO 80501
Subject: USR14-0004 - A Site Specific Development Plan and Use by Special Review Permit for a
100-foot tall telecommunications tower in the A(Agricultural)Zone District
On parcel(s)of land described as:
ALL SECTION 16, T5N, R62W of the 6th P.M., Weld County, Colorado.
Dear Appilcants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully.
- Digitally dam iriof f�ndlom
Fbason:lam the author of this document
Date 2014.01.31 08:20:45-07'00'
Diana Aungst
Planner
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970)304-6498
r
February 24, 2014
HORA PAM
1900 S SUNSET ST STE 1E
LONGMONT, CO 80501
Subject: USR14-0004 - A Site Specific Development Plan and Use by Special Review Permit for a
100-foot tall telecommunications tower in the A(Agricultural)Zone District
On parcel(s)of land described as:
ALL OF SECTION 16, T5N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 18, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 9, 2014 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
a9„� Ftason:I am the author of thisdocument
Date:2014.02.24 13:08:10-07'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 3/7/14
Case Number: USR14-0004
Owner: State of Colorado
do State Board of Land Commissioners (contact: Matt Pollart)
1127 Sherman Street, Suite 300
Denver, CO 80203
Applicant: Bonanza Creek Energy Operating Company, LLC
c/o Martin Lohman
4301 Industrial Parkway
Evans, CO 80620
Representative: Pam Hora
Tetra Tech, Inc.
1900 S. Sunset Street, Suite F
Longmont, CO 80501
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 Subdivision Exemption SUBX14-0001, being part of the NW4NE4 of Section
Description: 16, T5N, R62W of the 6th p.m., Weld County, Co
Location: Approximately 6.5 miles north of State Highway 34; 5 miles west of County Road 89
Size of Parcel: +/- 1.435 acres Parcel No. 0967-16-1-00-001
Zoning Land Use
N A (Agricultural) N Agriculture
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS:
The site is not located on a public right-of-way. The access easement begins at the north end
of County Road 69.
1N`04
Diana Aungst, Planner
Hello