HomeMy WebLinkAbout20121106.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, 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: USR11-0012
APPLICANT: LEVEL(3) COMMUNICATIONS, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXTEND THE HEIGHT OF A TELECOMMUNICATION ANTENNA
TOWER FROM 65 FEET TO 100 FEET, FUTURE CARRIER EQUIPMENT AND
INCLUDING AN EXISTING FIBER OPTIC SWITCH FACILITY, IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTA REC EXEMPT RE-2519;PART NE4 SECTION 31,T3N,R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROXIMATELY 300 FEET
EAST OF STATE HIGHWAY 85.
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 22-2-20.1 A.Goal 9. States: "Reduce potential conflicts between varying land uses in
• the conversion of traditional agricultural lands to other land uses."
This is a proposed extension of an existing 65-foot tower to 100-feet. With the exception of
the provision of adding additional equipment in the existing fenced area no additional
structures/improvements are proposed to occur on site and it is an unmanned facility. The
impacts of adding additional height to the tower will be minimal on the surrounding area.
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 Telecommunication Antenna Towers as a Use by
Special Review 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 tower site is located immediately to the east of the Union Pacific
Railroad and U.S. Highway 85 (Centennial Highway) corridors. Three (3) existing single-
family residences are located approximately 750-feet to the northwest, 750-feet to the
northeast, and 2,200 feet to the southwest of the tower site. An existing dog kennel facility
(approved under Use by Special Review Permit 1308) is located to the northeast,and an oil
and gas support business(approved under Amended Use by Special Review Permit 1216)is
located west of US Highway 85(Centennial Highway)to the southwest of the site. No lighting
will be required for the tower extension. The impacts of adding additional height to the tower
will be minimal on the surrounding area. No phone calls or correspondence has been
received from surrounding property owners regarding this request.
CO
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future „r
development of the surrounding area as permitted by the existing zoning and with the future `3.
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 tower site is located within the 3-mile referral area of the Town of amp
Platteville.The Town of Platteville, in an e-mail referral dated November 28,2011,expressed
concerns with adding height to an existing tower and requested
2012-1106
RESOLUTION USR11-0012
LEVEL(3)COMMUNICATIONS, LLC
PAGE 2
• documentation from the applicant that they could not co-locate on three existing tower
locations within the Town of Platteville. Documentation was provided from the applicant and
forwarded to the Town of Platteville in February of 2012.The Town of Platteville, in an e-mail
response dated February 21,2012 indicated that the applicant had adequately demonstrated
to them that co-location in Platteville was not an option.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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 site is
designated as"Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The site is already covered by existing structures and any new structures will be
located within the existing fenced area around the telecommunication tower.
G. Section 23-2-220.A.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 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. All pages of plat shall be labeled USR11-0012. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 28 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
C. The applicant shall demonstrate through a certified engineered statement that if the tower
fails it will fall within the leased parcel. (Department of Planning Services)
D. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
•
RESOLUTION USR11-0012
LEVEL(3) COMMUNICATIONS, LLC
PAGE 3
• 2. Upon completion of 1. above 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 Department of Planning Services' Staff. 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 sixty (60) 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerterco.weld.co.us. (Department of Planning Services)
4. Prior to release of building permits:
A. Building permits shall be obtained prior to any new construction, alteration or addition to any
building or tower on the property.
B. A building permit application must be completed and two complete sets of plans including
engineered foundation 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. Building permits are required for
buildings, structures and change of use for buildings which required permits before the
beginning of construction or the proposed change of use. (Department of Building
Inspection)
• C. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2006 International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011
National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
D. All building plans shall be submitted to the Platteville-Gilcrest Fire Protection District for
review and approval prior to issue of building permits. (Department of Building Inspection)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
•
RESOLUTION USR11-0012
LEVEL(3) COMMUNICATIONS, LLC
PAGE 4
•
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 April 3, 2012.
• Dated the 3rd of April,
2012.
Ap
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Level 3 Communications, LLC
USR11-0012
1. A Site Specific Development Plan and Use By Special Review Permit To Extend the Height of a
Telecommunication Antenna Tower from 65-Feet to 100-Feet,Add Carrier Equipment and Including
an Existing Fiber Optic Switch Facility in the A(Agricultural) Zone District. (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. 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)
4. 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)
5. 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)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
• delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
8. Adequate drinking (bottled water), toilet facilities (portable toilets) and handwashing units shall be
provided during construction of the facility. (Department of Public Health and Environment)
9. A building permit application must be completed and two complete sets of plans including engineered
foundation 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. Building permits are required for buildings, structures and change of use
for buildings which required permits before the beginning of construction or the proposed change of
use. (Department of Building Inspection)
10. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; 2006 International Energy Code; 2003 ICC ANSI 117.1 Accessibility Code; 2011
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
11. All building plans shall be submitted to the Platteville Fire Prevention District for review and approval
prior to issue of building permits. (Department of Building Inspection)
12. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increase, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
• 13. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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.All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
RESOLUTION USR11-0012
LEVEL(3) COMMUNICATIONS, LLC
PAGE 6
• 14. Utilize the existing access to the site. (Department of Public Works)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
17. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
18. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
19. If the Use by Special Review has not commenced within three(3)years from the date of approval or
is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or
abandoned. The County shall initiate an administrative hearing to consider whether to grant an
extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary
to follow the procedures and requirements of this Division in order to reestablish any subsequent Use
by Right or Use by Special Review. Upon the determination that the use has been abandoned, the
facility owner has ninety(90)days to re-use the facility or transfer the facility to another owner who will
re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services.
(Department of Planning Services)
20. Collocation of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
• 21. Upon termination of the use of the telecommunication antenna tower,the building,antenna structure,
and associated equipment shall be removed and the premises restored to its original condition.
22. 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.
23. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
24. The 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.
25. 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.
•
-3i�
• OF CR 35.
ht' Tom Parko, Planning Services, presented Case USR12-0002, 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. In addition, Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
Leann Coons, North Weld County Water District, stated that this site will be used for water hauling,
primarily to the oil and gas industry as well as other users seeking bulk water sales. She added that
additionally it will be used for residential and agricultural purposes.
Ir. 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 would like to request a
waiver from the required septic system. She added that there will not be a permanent employee on site and
the trucks will be there for approximately 40 minutes and are mobile so it does not warrant a restroom or wash
facility. Commissioner Holton clarified if they will be providing portable toilets. Ms. Coon replied that they
would not have any facilities on site.
Mark Lawley moved to allow the use of portable toilets and handwashing facilities,seconded by Jason
Maxey. Motion carried.
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
fir" Ms.Light recommending deleting Condition of Approval 1.8 because there would not be a septic system.
In addition, Development Standard 11 would be amended to include that portable toilets are acceptable.
Motion: Delete Condition of Approval 1.B, Moved by Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
III* Motion:Amend Development Standard 11 to allow portable toilets,Moved by Jason Maxey,Seconded
by Benjamin Hansford.
Motion passed unanimously.
Ms.Light added that Development Standard 13 should also be deleted because it refers to a permanent
water supply for sanitation. Motion: Delete Development Standard 13, Moved by Bill Hall, Seconded by
Benjamin Hansford.
Motion passed unanimously.
1 Motion: Case USR12-0002, be forwarded 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 Mark Lawley, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote(summary: Yes =8).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Robert
Grand, Thomas Holton.
s" CASE NUMBER: USR11-0012
APPLICANT: LEVEL (3)COMMUNICATIONS, LLC
• PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
4 2
I
• PERMIT TO EXTEND THE HEIGHT OF A TELECOMMUNICATION ANTENNA
TOWER FROM 65 FEET TO 100 FEET, FUTURE CARRIER EQUIPMENT AND
INCLUDING AN EXISTING FIBER OPTIC SWITCH FACILITY, IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2519;PART NE4 SECTION 31,T3N,R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROXIMATELY 300 FEET
EAST OF STATE HIGHWAY 85.
Dr Chris Gathman, Planning Services, presented Case USR11-0012, 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. In addition, Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
r` Gerald Muldowney stated that he represents 5280, the tower owner, on behalf of Level 3
Communications, LLC, who is the landowner. The proposal is to extend the height of an existing tower 35
feet. This extension will enable the co-location of Airtel. He added that Airtel will be providing wireless
broadband services to the surrounding communities using this tower to feed into existing fiber optic system of
Level 3.
DP' The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joan Camp,PO Box 127, Platteville,Colorado,said that she would like to know who the property owner is and
if the tower should be higher.
Mr. Muldowney stated that the property owner of record is Level 3 Communications. He referred to the
• tower height question and said that height is arrived at based on Radio Frequency Engineering (RFE).
Brad Yatabe,County Attorney,inquired about the fall zone with relation to the tower height extension and the
landowners of the surrounding property. He added that he understands with the new height of 100 feet it
would put it outside of the current property. Typically there should be an easement if the fall zone is onto
someone else's property. Mr.Muldowney said that a condition may be placed that if the tower were to fail that
the debris field would fall within the leased parcel. He added that they would provide a structural engineer
certification.
k Motion: Add Condition of Approval 1.C to read "The applicant shall demonstrate through a certified
engineered statement that if the tower fails it will fall within the leased parcel"and re-letter accordingly,Moved
by Mark Lawley, Seconded by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
r Motion: Case USR11-0012, be forwarded 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 Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes =8).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Robert
Grand, Thomas Holton.
CASE NUMBER: USR12-0003
APPLICANT: MICHAEL&KIMBERLEA MILLER
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
• AN OIL AND GAS SUPPORT AND SERVICE(STORAGE AND MAINTENANCE OF
EXCAVATION EQUIPMENT, SEMI-TRUCKS AND WATER TANKS) IN THE A
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