HomeMy WebLinkAbout20121416.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION LAS f2_poot
• 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: USR12-0008
APPLICANT: WELD COUNTY
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 300 FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2375; PART OF SECTION 28,T2N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO COUNTY ROAD 31 AND 0.5 MILES NORTH OF
COUNTY ROAD 16.ARISTROCRAT RANCHETTES SUBDIVISION IS LOCATED
TO THE EAST.
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./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
site and it is an unmanned facility.
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.
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 on an existing property owned by Weld
County that is currently utilized as a grader shed and fueling station.Aristocrat Ranchettes is
located to the east of the site. Staff has received one letter of opposition from a property
owner who had concerns with the location and the potential negative aesthetics the tower will
have on the area. Public Service Company of Colorado (PSCO) has overhead electrical
transmission lines running north and south in an easement that is located directly to the east
of the site. The tower is located outside this easement. There are rural properties located to
the north,west and south of the site.The nearest residence is located to the southwest and is
approximately 355 feet from the tower. The nearest residence in Aristocrat Ranchettes is
approximately 750 feet from the tower.The Fulton Ditch runs north/south along the western
edge of the County property and is located in the fall zone.
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 tower site is located within the 3-mile referral area of the City of Fort
Lupton.The City of Fort Lupton, in a referral dated February 29,2012 stated,"The property is
currently outside our existing IGA but within our 2007 Comp Plan. The property is in close
proximity to the City boundary.We would like to discuss the possibility of annexation with the
2012-1416
RESOLUTION USR12-0008
WELD COUNTY
• PAGE 2
applicant. County Road 31 is designated as an arterial with 60 foot ROW from center for a
total of 120 feet of right-of-way. We have no conflicts with the proposed project, however,
should this be approved we request the right-of-way be taken into consideration as shown on
the plat".
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)
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.
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. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. All pages of plat shall be labeled USR12-0008. (Department of Planning Services)
3. County Road 31 is designated on the Weld County Road Classification Plan as a
collector roadway, which requires 80 feet of right-of-way at full build out. 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.(Department of Public
Works)
4. The County shall provide written evidence of FAA approval.
5. The County 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. (Department of Planning Services).
•
RESOLUTION USR12-0008
WELD COUNTY
• PAGE 3
C. 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)
2. 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)
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
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 Fort Lupton Fire Protection District for review
and approval prior to issue of building permits. (Department of Building Inspection)
4. 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 Jason Maxey.
•
RESOLUTION USR12-0008
WELD COUNTY
• 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 May 15, 2012.
Dated the 15th of May, 2012.
•
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GZl�1gDivy
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Weld County
USR12-0008
1. A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication
Antenna Tower greater than 70 feet in height, (300 foot self supporting communication tower with
support and equipment shelter for Emergency Services, Law Enforcement, Home Land Security &
other County Facilities and Activities) located 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. (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 &
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 &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 &Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health & Environment)
• 7. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be
provided during construction of the facility. (Department of Public Health & Environment)
8. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health &Environment)
9. 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)
10. 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 increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
11. 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) (Department of Planning
Services)
12. 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) (Department
of Planning Services)
13. The property owner or operator shall be responsible for complying with the Design Standards of
• Section 23-3-350, Weld County Code. (Department of Planning Services)
14. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-3-360, Weld County Code. (Department of Planning Services)
RESOLUTION USR12-0008
WELD COUNTY
PAGE 6
• 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. (Department of
Planning Services)
16. 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. (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. (Department of Planning
Services)
18. All 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. (Building
Department)
19. 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.
•
RESOLUTION USR12-0008
WELD COUNTY
PAGE 7
• 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, sandburs, 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.
S
•
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• the applicant should have visited with the Town of Windsor to resolve these issues.
Tom Holton said that he is uncomfortable denying or approving this case considering all the loose ends.
The applicant stated that they didn't have any concerns adding the secondary containment to the conditions of
approval.
The Planning Commission recommended adding a condition of approval to address the secondary
containment. In addition,the Planning Commission expressed the desire to add a condition for the applicant,
landowners, Carestream,and the Town of Windsor and City of Greeley to meet to resolve these issues prior
to the Board of County Commissioners hearing. The Chair asked Mr.Yatabe to create language including this
addition.
The Chair called a recess at 5:34 pm so staff could come up with some language. The Chair called the
meeting to order at 5:44 pm.
Brad Yatabe,County Attorney,recommended against placing any language as a development standard
or condition of approval as it might cause some unintended consequences. He advised including the
language into the motion of approval or denial.
I" Motion: Forward Case USR12-0005 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 Bill Hall.
Vote: Motion carried by unanimous roll call vote(summary: Yes=7).
Yes: Benjamin Hansford,Bill Hall,Jason Maxey,Joyce Smock, Mark Lawley, Robert Grand,Thomas
• Holton.
Absent: Alexander Zauder, Nick Berryman.
Commissioner Maxey reiterated Mr.Yatabe's comments that all of the parties need to meet to resolve these
issues.
Commissioner Holton encouraged the County Commissioners to listen to the recording so that they can be
fully prepared for their hearing on May 30, 2012.
II* CASE NUMBER: USR12-0008
APPLICANT: WELD COUNTY
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 300 FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2375; PART OF SECTION 28,T2N, R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO COUNTY ROAD 31 AND 0.5 MILES NORTH OF
COUNTY ROAD 16.ARISTROCRAT RANCHETTES SUBDIVISION IS LOCATED
TO THE EAST.
Dr Tom Parko, Planning Services, presented Case USR-12-0008, 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, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request. Lauren
Light,Environmental Health recommended amending Development Standard 6 by deleting the last sentence
because no dust abatement plan is required.
• ` Motion:Amend Development Standard 6 to read"Fugitive dust and fugitive particulate emissions shall
be controlled on this site, Moved by Jason Maxey, Seconded by Bill Hall.
• Motion passed unanimously.
Don Carroll,Public Works,stated that they are proposing to construct a telecommunication antenna
tower for the purposes of emergency services,law enforcement and homeland security as well as other
county services.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Martin Gutierrez,7717 CR 31,stated that he is concerned that the tower may fall on his garage. He said that
he is not opposed to the construction of the tower.
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.
f" Motion:Forward Case USR12-0008 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval,Action:Adjourn,Moved by Robert Grand,Seconded by Jason Maxey.
Vote:Motion carried by unanimous roll call vote(summary:Yes=7).
Yes:Benjamin Hansford,Bill Hall,Jason Maxey,Joyce Smock,Mark Lawley,Robert Grand,Thomas Holton.
Absent:Alexander Zauder,Nick Berryman.
CASE NUMBER: USR12-0012
APPLICANT: WELD COUNTY
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
• PERMIT FOR A 300-FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTA REC EXEMPT RE-2705;PART OF THE NW4 OF SECTION 2,T2N,R68W
OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: EAST OF AND ADJACENT TO 1-25 FRONTAGE ROAD; NORTH OF AND
ADJACENT TO CR 24.5.
Tom Parko, Planning Services, presented Case USR-12-0008,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.
Heidi Hansen,Public Works,recommended amending Condition of Approval 1.A.3 by modifying the first
sentence to read"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 build out.
Motion: Amend Condition of Approval 1.A.3 as stated by staff, Moved by Benjamin Hansford,
Seconded by Jason Maxey.
Motion passed unanimously.
Lauren Light,Environmental Health recommended amending Development Standard 6 by deleting the
last sentence because no dust abatement plan is required.
Motion:Amend Development Standard 6 by deleting the last sentence,Action:Adjourn,Moved by Robert
Grand,Seconded by Bill Hall.
Motion passed unanimously.
• �' Don Carroll,Public Works,stated that they are proposing to construct a telecommunication antenna
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