HomeMy WebLinkAbout20121426.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0012, FOR A 300-FOOT TELECOMMUNCIATION ANTENNA
TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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 13th day
of June, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Weld County, 1150 O Street/P.O. Box 758, Greeley, CO 80632, do
Weld County Department of Public Works, 1111 H Street/P.O. Box 758, Greeley, Colorado
80632-0758, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0012, for a 300-foot Communication Antenna Tower in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-2705; being part
of NW1/4 of Section 2, Township 2 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Don Carroll, Weld County
Department of Public Works staff, 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 23-2-230.6 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. 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 self supported telecommunication tower of up
to 300 feet in height with one equipment structure. No additional
structures/improvements are proposed to occur on the site and it is an
unmanned facility.
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SPECIAL REVIEW PERMIT (USR12-0012) - WELD COUNTY DEPARTMENT OF PUBLIC
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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
Telecommunication Antenna Towers as a Use by Special Review 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 tower site is
located on an existing property owned by Weld County that is currently
utilized as the Southwest Weld County Administration Building. There is a
gravel mine operation to the east and to the north of the site (USR-999).
Firestone town limits are to the south, which encompass the Del Camino
commercial and retail service sectors. Located to the west are Interstate
1-25 and the St. Vrain State Park. There are three residential properties all
located to the east and approximately 2,000 feet from the proposed tower
location. Staff has not received any correspondence in favor or against
this request from adjacent property owners.
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 tower site is located within the three-mile referral area
of the Town of Firestone. The Town of Firestone did not respond to the
referral.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective April 25, 2011, building permits issued on the proposed lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program. Effective April 25, 2011, 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 23-2-230.6.6 -- 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 (Southwest Weld County
Administration Building, parking lots) and any new structures will be
located within the existing fenced area around the telecommunication
tower.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Weld County Department of Public Works, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0012, for a 300-foot
Telecommunication Antenna 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. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR12-0012.
2) The attached Development Standards.
3) County Road 24.5 is designated on the Weld County Road
Classification Plan as a local roadway, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
60 feet of right-of-way and the documents creating the right-of-
way and this information shall be noted on the plat. All setbacks
shall be measured from the edge of future right-of-way. If the
existing right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
4) The applicant shall provide written evidence of FAA approval.
5) The applicant shall provide written evidence of FCC approval.
B. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
C. Upon completion of Condition of Approval #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 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.
2. 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
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(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
3. 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 Colorado registered
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.
C. Buildings and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following
have 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.
D. All building plans shall be submitted to the Mountain View Fire Rescue,
for review and approval, prior to the issuance of building permits.
4. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: )-Sean P� Con .,, Chair `
Weld County Clerk to the Board . ,
,11
t %►`Will am F. Garcia, Pro- ern
BY: 3 the Janet \i
Deputy CI k tote Board � / � L
I Itt,;.fooverbKirkmeyer
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APP' S • l'ASTO = :' r. � •ilJ� c�,
f�/I / , -vid E. Long
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Date of signature: 1404 '3-
2012-1426
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD COUNTY DEPARTMENT OF PUBLIC WORKS
USR12-0012
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0012, is
for a 300-foot Telecommunication Antenna Tower in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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.
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, Section 30-20-100.5, C.R.S.
5. 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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing
units shall be provided during construction of the facility.
8. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
9. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
10. 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 twelve
(12) inches until the area is completely developed.
11. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
12. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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13. Effective April 25, 2011, 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.
14. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-3-350 of the Weld County Code.
15. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-3-360 of the Weld County Code.
16. 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.
17. 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.
18. 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.
19. All buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application.Currently,the following have 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.
20. 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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