HomeMy WebLinkAbout20111308.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey, 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: USR-1777
APPLICANT: Dewain Shapely Trust
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(250 foot cellular tower) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: S2 of Section 25,T10N, R57W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to State Hwy 71; north of and adjacent to CR 112.
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."
The proposed tower facility is located on a parcel of land in a rural area. The nearest
residence (which is the property owner) is approximately 1,300-feet from the proposed
• tower site. The tower will be lighted and will generate very little traffic (it is an unmanned
facility).
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 surrounding area is rural in character, (rangeland).
The nearest residence (which is the property owners) is located approximately 1,300 feet
to the northwest of the tower site.
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 3-mile referral area with any
municipality.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) R
• 3 !
2011-1308
Resolution UR-1777
Dewain Shapely Trust
Page 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 "other" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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. The plat shall be amended to delineate the following:
1. All pages of plat shall be labeled USR-1777. (Department of Planning Services)
2. County Road 112 is designated as a Section Line road, which requires 60 feet of
right-of-way at full build out. 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 not maintained by Weld County.
(Department of Public Works)
• 3. The applicant shall increase the size of the access easement to 20 feet or provide
documentation that the proposed 15 foot access width requirements has been
cleared with the New Raymer Fire Protection District and emergency services in
regards to the width and weight capacity of the access lane is adequate for
emergency purposes. (Department of Public Works)
4. The applicant shall contact Colorado Department of Transportation (CDOT)
regarding the existing and future right of way for State Highway 71. The applicant
shall verify with CDOT 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. (Department of Public Works)
5. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
6. The Use by Special Review (USR) boundary should include the 250 foot tower fall
zone and access easement or the applicant shall submit, to the Department of
Planning Services evidence of a recorded easement granted by the underlying
property owner,which allows for the tall of the tower onto the burdened property and
thereby meet the setback requirements of Section 23-4-830.D.3.a. (Department of
Planning Services)
B. The applicant shall address the requirements (concerns) of the Federal Aviation
Administration, as stated in the referral response dated 2/22/2011. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Federal Aviation Administration)
•
Resolution UR-1777
Dewain Shapely Trust
Page 3
• C. The applicant shall address all the conditions/requirements of Subdivision Exemption SE-
1196 and submit to the Weld County Department of Planning Services the plat for
recording. (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)
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 mapsco.weld.co.us. (Department of Planning Services)
4. Prior to release of building permits:
A. Building permits shall be obtained prior to constructing the facility. A plan review is required
for each building or structure for which a building permit is required. Two complete sets of
plans are required when applying for each permit. Include a Code Analysis Data sheet for the
Weld County Building Department for each structure that requires a permit. Submittal plans
• shall include a floor plan showing the specific uses of each area for the building. Plans shall
bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of Building
Inspection)
B. 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; 2008 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
C. All building plans shall be submitted to the New Raymer 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 Nick Berryman.
•
Resolution UR-1777
Dewain Shapely Trust
Page 4
• VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 3, 2011.
Dated the 3r° of May, 2011./6241/146:1/1--\
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Verizon Wireless
USR-1777
1. A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication
Antenna Tower (250-foot tall cellular tower) 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 Non-Specified Zone
as delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
• 8. Adequate toilet facilities(portable toilets)and handwashing units shall be provided during construction
of the facility. (Department of Public Health and Environment)
9. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
11. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
12. Building permits shall be obtained prior to constructing the facility. A plan review is required for each
building or structure for which a building permit is required. Two complete sets of plans are required
when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building
Department for each structure that requires a permit. Submittal plans shall include a floor plan
showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado
Licensed Architect or Engineer. (Department of Building Inspection)
13. 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; 2008
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
• 14. All building plans shall be submitted to the New Raymer Fire Prevention District for review and
approval prior to issue of building permits. (Department of Building Inspection)
Resolution UR-1777
Dewain Shapely Trust
Page 6
• 15. 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)
16. 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)
17. The access easement shall be graded and drained to provide an all-weather access. (Department of
Public Works)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
20. 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)
21. Co-location of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
22. 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.
(Department of Planning Services)
23. 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)
24. 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)
25. 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.
26. 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.
Resolution UR-1777
Dewain Shapely Trust
Page 7
• 27. 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.
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.
•
5- 3- 11
• The Department of Planning Services recommends approval of the application along with the attached
conditions of approval and development standards.
Lauren Light, Environmental Health,stated that permanent water and sewer are not required. Portable toilets,
handwashing and bottled water can be used during construction. A propane tank will be onsite for the backup
generator.
Based on the concerns regarding radiation, Ms. Light stated that she contacted the State Health Department
and they directed her to the FCC website. She added that she went through some documents on the website,
specifically regarding human exposure to radio frequency fields. In summary what she read is that the farther
you are from the antenna it dissipates. She added that it is a line of sight, so you would have to be 195 feet up
right on top of the antenna to get the exposure levels that are going to harm you. She stated that they also
have categorically exclusions for local governments and it will tell you if it is excluded based on the information
given. If it is excluded then that means that the emissions from it should not exceed the FCC limits. She
indicated that she filled out the information and it turned out that this is a categorically excluded tower. Based
on what research she did, there shouldn't be any danger because of the height of where the antenna is going
to be.
Heidi Hansen, Public Works, stated that the applicants will be using an existing access along that section line,
which is not a maintained County road right-of-way. Therefore they will need to enter into a non-exclusive
license agreement with the County that will allow the applicant to use that right-of-way with the understanding
that their use is not exclusive and that the County will not be responsible for maintenance of that access. Ms.
Hansen stated that the applicant has met all their requirements.
Henry Jacobsen, Viaero Wireless, commented that they are proposing the construction of a 195 foot tower.
Mr. Jacobsen said that at the last meeting he was somewhat critical of a surrounding property owner's
submittal and added that he regrets the words that he had used. He wished to submit a written apology
• regarding his comments at the last hearing.
Commissioner Maxey asked the applicant to speak more about co-location. Mr. Jacobsen said that the
references provided by the objection had to do with low power AM Radio stations. He added that he spoke
with the Director of the existing tower at great length and it was in the Director's opinion that the tower would
not be suitable for co-location.
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 he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1776, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall,yes;AlexanderZauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
§x
The Chair read the next case into record. „r
,a1
CASE NUMBER: USR-1777
APPLICANT: Dewain Shapely Trust
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
• Telecommunication Antenna Tower(250 foot cellular tower) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: S2 of Section 25,T10N, R57W of the 6th P.M.,Weld County, Colorado.
3
LOCATION: West of and adjacent to State Hwy 71; north of and adjacent to CR 112.
• Michelle Martin, Planning Services, stated that the applicant has applied for a Telecommunication Antenna
Tower(250-foot tall cellular tower) in the A (Agricultural) Zone District.
The proposed tower facility is located on a parcel of land in a rural area. The nearest residence (which is
the property owner) is approximately 1,300-feet from the proposed tower site. The tower will be lighted
and will generate very little traffic as it is an unmanned facility. The surrounding area is rural in character,
primarily rangeland.
The site is not located within a three-mile referral area with any municipality.
Planning staff is recommending approval of the application along with the attached conditions of approval
and development standards.
Mary Evett, Environmental Health, stated that permanent water and sewer are not required since there are no
employees. She added that they have no concerns with this case.
Don Carroll, Public Works, stated that the access is from State Highway 71 at County Road 112 and requires
a minimum 20 foot clear zone. Staff has asked the applicant to contact the State regarding the access since
they have jurisdiction over Highway 71.
Kelly Harrison, Verizon Wireless, stated that they are proposing to construct a 250 foot self-support or lattice
tower in the southeast corner of the property. It will be lighted and there will be a small equipment building at
the base of the tower.
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 she read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that she is in agreement.
Jason Maxey moved that Case USR-1777, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Nick Berryman.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: AmUSR-1102
APPLICANT: L.G. Everist
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone), including concrete and asphalt recycling
and a concrete and asphalt batch plant facility in the A (Agricultural) Zone
District.
LEGAL DESCRIPTION: Part of Section 32, T3N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 15; south of and adjacent to CR 26.75;west of and
adjacent to CR 17.
Roy Spitzer recused himself on this case since the Firm he works for has contracts with L.G. Everist.
Kim Ogle, Planning Services, stated that the application proposes to extract the mineral resource, specifically
• 309 acres, within the boundary. According to the Weld County Sand and Gravel Resources Map dated July
1975, the northern part of the property is classified as Fl Floodplain Deposits which are relatively clean and
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