HomeMy WebLinkAbout20121105.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0012, 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- LEVEL (3) COMMUNICATIONS, LLC
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 25th day
of April, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Level (3) Communications, LLC, 1025 Eldorado Boulevard,
Broomfield, Colorado 80021, for a Site Specific Development Plan and Use by Special Review
Permit, USR11-0012, 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, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE-2519; being part
of the NE1/4 of Section 31, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Jim Loukatos, 5280, a
partner company, 13400 Clayton Street, Thornton, Colorado 80241, 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 23-2-230.6.1 -- 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
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equipment in the existing fenced area, no additional
structures/improvements are proposed to occur on the 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 23-2-230.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.B.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
USR-1308) is located to the northeast, and an oil and gas support
business (approved under AmUSR-1216) is located west of
U.S. 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.
d. Section 23-2-230.8.4 -- 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 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 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 23-2-230.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.
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f. Section 23-2-230.B.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 23-2-230.B.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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Level (3) Communications, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR11-0012, 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, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR11-0012.
B. The plat shall be amended to delineate the following:
1. The attached Development Standards.
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 buildout. 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.
C. The applicant shall demonstrate through a certified engineered statement
that if the tower fails it will fall within the leased parcel.
D. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
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2. 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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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.
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 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 Platteville-Gilcrest Fire
Protection District, for review and approval, prior to the issuance of
building permits.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:"3a,
Sean P. Co :y, Chair /
Weld County Clerk to the Board \
E llea .aS
%iiam F. Garci-, Pro em
BY:
Deputy CI:!k to the Boarr
r Kirkmeyer
ED A F : �Aj(j '��� e r
David E. Long
C un y Attorney
Dougla Rademache
Date of signature: 5
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEVEL (3) COMMUNICATIONS, LLC
USR11-0012
1. A Site Specific Development Plan and Use By Special Review Permit, USR11-0012, is
to extend the height of a Telecommunication Antenna Tower from 65 feet to 100 feet,
add carrier equipment, and include an existing fiber optic switch facility, 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. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
8. Adequate drinking (bottled water), toilet facilities (portable toilets), and hand washing
units shall be provided during construction of the facility.
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 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.
10. Buildings 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 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.
11. All building plans shall be submitted to the Platteville Fire Prevention District, for review
and approval, prior to the issuance of building permits.
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12. 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 increase,
diversions, concentration, and/or unplanned ponding of storm runoff.
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
twelve (12) inches until the area is completely developed.
14. The applicant shall utilize the existing access to the site.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the 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 County-Wide Road Impact Fee Program.
18. 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.
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.
20. Co-location of other antenna by other service providers shall be permitted on the tower.
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.
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23. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code.
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.
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