HomeMy WebLinkAbout20111309.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Verizon Wireless do Dewain Case Number USR-1777
Shapley Trust
Submitted or Prepared
Prior to At
Hearing Hearing
1 / Staff Comments X
/ Department of Planning Services Field Check Form X
Letter to Applicant X
Affidavit of sign posting - ��i ( ; j (7Jfrf,
Legal Notifications X
2 v Application X
v Maps X
/ Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
✓ Utilities X
3 ✓ Referral List X
• V Referrals without comment X
, New Raymer Fire Protection District, referral received 3/14/2011 X
VUCId 044 f l/ c{ 1 ,l it CC6 CU iv_ , X
rCc'lrQ ;, :,1l
71II X
4 Referrals with comments X
Weld County Department of Public Health and Environment, referral received X
3/14/2011
yVetd._County nin _Compfianccr-refenal received 2/17/2014— X
Federal Aviation Administration, referral received 2/22/2011 X
Weld County Department of Building Inspection, referral received 3/9/2011 X
J Weld County Department of Public Works, referral received 2/28/2011 X
5 1 Surrounding Property Owners- Letters X
6 PC Exhibits X
—7- PL.,,„;, 9 C.,inidaaiun Resulutiun
•
2011-1309
I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
• Planning Com issioners hearing.
Mic Ile Martin I: Planner
•
•
1661 -2011
• WELD ' O NTY Y LAND USE APPLICATION
I SUMMARY SHEET
Case Number: USR-1777 Hearing Date: May 3, 2011
Applicant: Verizon Wireless do Dewain Shapley Trust
Address: 1917 Lowell Blvd, Denver CO 80204
Site Address: 70589 County Road 112, Stoneham CO 80754
Request: 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.
Legal Description: S2 of Section 25, Township 10 North, Range 57 West of the 6`h P.M.
Weld County, Colorado
Location: West of and adjacent to State Highway 71 and north of and adjacent to
County Road 112 Section Line
• Size of Parcel: +/- 320 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
• Weld County Department of Public Health and Environment, referral received 3/14/2011
• Weld County Department of Public Works, referral received 2/28/2011
• Weld County Department of Building Inspection, referral received 3/9/2011
• Federal Aviation Administration, referral received 2/22/2011
• Weld County Zoning Compliance, referral received 2/17/2011
The Department of Planning Services has received referral responses without comments from
the following agencies:
• New Raymer Fire Protection District, referral received 3/14/2011
The Department of Planning Services has not received referrals from the following agencies:
Weld County Sheriff's Office
Colorado Department of Transportation (CDOT)
• Colorado Division of Wildlife
Centennial Soil Conservation District EXHIBIT
USR-1777 Verizon Wireless I I
• 1661 -2011
WEL`IW O NTY
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michelle Martin
Case Number: USR-1777 Hearing Date: May 3, 2011
Applicant: Verizon Wireless do Dewain Shapley Trust
Address: 1917 Lowell Blvd, Denver CO 80204
Site Address: 70589 County Road 112, Stoneham CO 80754
Request: 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.
• Legal Description: S2 of Section 25, Township 10 North, Range 57 West of the 61h P.M.
Weld County, Colorado
Location: West of and adjacent to State Highway 71 and north of and adjacent to
County Road 112 Section Line
Size of Parcel: +/- 320 acres
Parcel Number: 0283 25 000007
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST 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 Department of Planning Services' staff 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
USR-1777—Verizon Wireless 2
• 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)
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
• A. The plat shall be amended to delineate the following:
USR-1777 Verizon Wireless 3
•
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)
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)
USR-1777—Verizon Wireless 4
• 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)
•
USR-1777 Verizon Wireless 5
•
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
USR-1777—Verizon Wireless 6
• 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)
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
USR-1777 Vernon Wireless 7
• 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.
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
USR-1777—Verixon Wireless 8
• 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, sand burs, 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.
•
USR-1777 Verizon Wireless 9
1861 - 2011 DEPARTMENT OF PLANNING SERVICES
•
1555 N 17th GREELEY, CO 83541631
PHONE: (970) 353-6100100, Ex t. 3540
r . FAX: (970)304-6498
WELD_-COUNTY
u
April 6,2011
Dewain Shapley Trust
c/o Kelly Harrison
Closser Consulting
1917 Lowell Blvd
Denver CO 80204
Subject: USR-1777-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 on a parcel of land described as S2 of
Section 25,T10N, R57W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 3, 2011, at 1:30 p.m. This meeting
will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A
subsequent hearing will be held on May 25, 2011 at 10:00 a.m., in the Chambers of the Board of County
Commissioners,Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended
• that you and/or a representative be in attendance to answer any questions the Planning Commission members or
Board of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral
estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning
Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the
hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,
one sign will be posted in the most prominent place on the property and a second sign posted at the point at which
the driveway(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld
County Planning Commission and will be included in the staff report one week prior to the scheduled Planning
Commission hearing. You may view the staff report at
http://www.co.weldco.us/Departments/PlanningZoninq/PlanninclDepartment/index.html
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
fir///// Peason:I am the author of this document
Location:1555 N nth Ave
Date:2011.04.06 15:44:05-06'00'
Michelle Martin
Planner
•
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 4/20/2011 THE SIGN SHALL BE POSTED ADJACENT
TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1777 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Michelle Martin
Name of Person Posting Sign
71-4",
• Signature of Person Posting Sign
STATE OF COLORADO )
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COUNTY OF WELD ) in
The foregoing instrument was subscribed and sworn to me thi day of tile*J , 20 ) ) .
WITNESS my hand and official seal. ��DI IN��
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
• THE LAST DAY TO POST THE SIGN IS 5/13/2011 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL
REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE
DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST
PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT
WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED
ROAD RIGHT-OF-WAY.
I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR USR-1777 IN THE AGRICULTURAL ZONE DISTRICT.
Michelle Martin
Name of Person Posting Sign
• Signature of Person Posting Sign
STATE OF COLORADO
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COUNTY OF WELD Murk)
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5
• FIELD CHECK inspection date: March 23, 2011
Case Number: USR-1777
Applicant: Verizon Wireless do Dewain Shapley Trust
Address: 1917 Lowell Blvd, Denver CO 80204
Property Address: 70589 County Road 112, Stoneham CO 80754
Request: 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.
Legal Description: S2 of Section 25, Township 10 North, Range 57 West of the 6'h P.M. Weld County,
Colorado
Location: West of and adjacent to State Highway 71 and north of and adjacent to County
Road 112
Size of Parcel: 320 +/- acres Parcel Number: 0283 25 000007
• Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS:
The site has one access off of thg State Hwy 71. There is a residence on site,
approxi at 3 0 feet north st of the proposed tower location. There are some oil
and g t .
Miche le Martin, Planner
•
Michelle Martin
Srom: Kelly Harrison [kharrison@ymail.com]
ent: Tuesday, April 19, 2011 9:54 AM
To: Michelle Martin
Subject: Re: USR-1777
Attachments: image003.png
Hi Michelle- I did find out this a.m. that, since the tower is over 200',it will be lighted. Kelly
From: Michelle Martin <mmartin@co.weld.co.us>
To: Kelly Harrison <kharrison@vmail.com>
Sent: Fri, April 15, 2011 4:01:42 PM
Subject: USR-1777
Hi Kelly,
I was wondering if you knew if there would be any lighting on the tower for USR-1777. I need that information
for the staff report; therefore could you please let me know by next week thanks.
Michelle Martin
Planner III
1555 N 17th Ave
Greeley, CO 80631
mmartinco.weld.co.us
PHONE: (970) 353-6100 x 3540
•AX: (970) 304-6498
i 8• I I
W .ccil N-r
u
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
1
Kristine Ranslem
om: Kristine Ranslem
IIIPnt: Thursday, February 17, 2011 7:48 AM
To: 'Erich Ehrlich'
Subject: USR-1777 Field Inspection
Attachments: PC FIELD CHECK.docx; image002.png
We have just received a case (USR-1777) in which we ask that you review the material and send the
attached field inspection form to us by March 16, 2011. The following is a quick link to the case in
question:
http://www.co.weld.co.us/Departments/Plann ingZon ing/Planninci Department/index.html#1777
If you have any questions, please don't hesitate to contact me at the number below. Thank you!
KrLstlwe rza wsLevu.
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
• I861 1'911
WEf§urCOU N?r
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
•
1
• 1 8 6 I - 2 0 I I DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
i
PHONE: (970)353-6100, Ext. 3540
FAX: (970) 304-6498
WELD -COUNTY
February 16, 2011
Dewain Shapley Trust
do Kelly Harrison
Closser Consulting
1917 Lowell Blvd
Denver CO 80204
Subject: USR-1777 - Request for 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 on a parcel of land described as S2 of Section 25, T10N, R57W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
• Your application and related materials for the request described above are being processed. I will
schedule a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown
an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of
the property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Planning Commission for
their review and comments. Please call for further details regarding the date, time, and place of this
meeting. It is recommended that you and/or a representative be in attendance at the Planning
Commission meeting to answer any questions the Commission members may have with respect to your
application.
If you have any questions concerning this application, please call.
Respectfully,
Digitally signed by Kristine Random
/ iv"" a Reason:l am the author of this document
Location:1555 N 17th Ave
Date:201 1.02.16 15:38:18-07'00'
Michelle Martin
Planner
•
Kristine Ranslem
arm: Kristine Ranslem
nt: Thursday, February 17, 2011 7:48 AM
To: kharrison@ymail.com
Subject: Case SE-1196 & USR-1777
Attachments: Applicant letter.pdf; Applicant letter.pdf; image003.png
Please see the attached letters. If you have any questions, please let us know. Thank you!
kvbst6vQe RGI VSLewt.
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
yea iu i
d
c f C
W Ed'-u%f G. OJN tY
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
e person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
tected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
•
1
CLOSSER CONSULTING , LLC
REPRESENTING
• VERIZON WIRELESS
Febru 8 2011
RECEIVED
Weld County Department of Planning Services
Michelle Martin FpA 10 2011
1555 North 17th Avenue Manning Department
Greeley,CO 80631 Weld Oc':.' r
GREELEY OFFICE
RE: Verizon Wireless USR&SE Application Materials for Completeness Review
Shapley-Section 25,Township 10,Range 57(70589 County Road 112,Stoneham,CO
Dear Ms. Martin,
Per your Completeness Review letter dated 1/24/11,please find enclosed the following documents needed to
complete Verizon Wireless application for Use by Special Review and Subdivision Exemption:
Use By Special Review Application:
1. The applicant will need to provide notarized evidence indicating that the signatory has the legal
author to sing for the Dewain Shapley Trust. If Nancy is part of the Trust she will need to sign the
letter of authorization. Applications signed by both Dewain and Nancy Shapley are enclosed
2. Application fee of $2,500.00. Included
• 3.Affidavit and certified names,addresses and the corresponding parcel number of all the properties
located with 500 feet signed within 30 days of submitting a complete application. Included
4. Certificate of Conveyances signed within 30 days of submitting a complete application.
Included
HEALTH DEPARTMENT COMMENTS
We will ask for dust and waste plans during construction. VZW shall provide dust and waste plans during
construction.
BUILDING INSPECTION COMMENTS
Building permits are required for each proposed building and/or structure (tower). VZW shall secure
Building Permits prior to commencing construction.
Subdivision Exemption Application:
1. Application fee of $400.00. Included
2. Certificate of Conveyances signed within 30 days of submitting a complete application. Included
3. The applicant needs to fill out the Subdivision Exemption application form(the one submitted in
the packet is for a recorded exemption). The form needs to have original signatures. Included
4. The boundaries for the SE need to include the access road. The boundaries shall enclose the
access road.
5. Needs to include the septic permit. N/A
•
2_ February 8,2011
• 6. The applicant will need to provide notarized evidence indicating that the signatory has the legal
author to sing for the Dewain Shapley Trust. If Nancy is part of the Trust she will need to sign the
letter of authorization. Applications signed by both Dewain and Nancy Shapley are enclosed
I trust you will find this package complete. You may reach me at 303-748-0599 with any questions or
concerns or if you require any additional information. Thank you.
Sincerely,
eAV
Kelly Harrison
Site Acquisition and Zoning Consultant,
Closser Consulting
•
•
1917 LOWELL BLVD • DENVER/COLORADO • 80204
MOBILE- 303 748-0599 • FACSIMILES. 303-561-2881
WELD COUNTY
• COMPLETENESS REVIEW
REVIEW DATE: 1/24/10
TYPE OF APPLICATION: USR
LEGAL DESCRIPTION: Pt. S2 being part of Section 25, T10N, R57W
COMPANY NAME/REPRESENTATIVE/OWNER: Dewain Shapley Trust c/o Verizon Wireless
PLEASE NOTE:
The following completeness review notes are provided as a courtesy to the applicant. While we strive to
identify significant issues, the following notes may not identify all issues, even major ones that may
be raised during the formal review of your application. The information contained herein has been placed
on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal
Land Use Application. If you have any questions regarding the process and/or application please call
Michelle Martin at 970-353-6100 extension 3540, or email at mmartin(cr�co.weld.co.us
REVIEW:
After the completeness review process, please submit your formal Land Use Application to the Department of
'planning Services.
Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application
meeting and completeness review. An incomplete Land Use Application submittal will not be accepted.
REVIEW STAFF:
Planning: Michelle Martin— mmartin(cilco.weld.co.us - 970-353-6100 x 3540
Public Works: Heidi Hanson — hhanson(a)co.weld.co.us- 970-304-9496 x3745
Public Health: Lauren Light—Ilight(a�co.weld.co.us — 970-304-6415 x2211
Building Inspection: Ken Swanson— kswansonco.weld.co.us —970-353-6100 x 3540
PLANNING COMMENTS
The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following
comments.
1. The applicant will need to provide notarized evidence indicating that the signatory has the legal author
to sing for the Dewain Shapley Trust. If Nancy is part of the Trust she will need to sign the letter of
authorization.
2. Application fee of$2,500.00
3. Affidavit and certified names, addresses and the corresponding parcel number of all the properties
located with 500 feet signed within 30 days of submitting a complete application.
• Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Fax: 970-304-6498
Phone: 970-353-6100 x3540
WELD COUNTY
46 Certificate of Conveyances signed within 30 days of submitting a complete application
PUBLIC WORKS COMMENTS
I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items:
➢ Site Plan — Submitted
➢ Traffic Study — Not Required
➢ Preliminary Drainage Report— Not Required
➢ Geotechnical Report— Not Required
➢ Flood Hazard Development Standards— Not in a FEMA Floodplain
This phase of the planning process is a content review of the submitted materials, NOT a technical review.
Comments made during this phase of the process will not be all-inclusive. The Public Works Department will
perform a detailed technical review of the project once the submittal application is deemed acceptable and is
promoted to the review phase of the planning process.
Public Works has adequate information to review this submittal.
HEALTH DEPARTMENT COMMENTS
•Ve will ask for dust and waste plans during construction.
BUILDING INSPECTION COMMENTS
Building permits are required for each proposed building and/or structure (tower).
Subdivision Exemption Application
1. Application fee of $400.00
2. Certificate of Conveyances signed within 30 days of submitting a complete application
3. The applicant needs to fill out the Subdivision Exemption application form (the one submitted in the
packet is for a recorded exemption). The form needs to have original signatures
4. the boundaries for the SE needs to include the access road.
5. needs to include the septic permit
• Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Fax: 970-304-6498
Phone: 970-353-6100 x3540
•
WELD COUNTY
6. The applicant will need to provide notarized evidence indicating that the signatory has the legal author
• to sing for the Dewain Shapley Trust. If Nancy is part of the Trust she will need to sign the letter of
authorization.
•
• Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Fax: 970-304-6498
Phone: 970-353-6100 x3540
Weld County rlanning Department
,
5 ?fr
• iett MEMORAN5
TO: Michelle Martin, Planning Services DATE: January 20, 2011
IC FROM: Heidi Hansen, P.E., Public Works Department
COLORADO SUBJECT: 7-Day Completeness Review— Dewain Shapley Trust
do Verizon Wireless
I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items:
➢ Site Plan— Submitted
Traffic Study—Not Required
➢ Preliminary Drainage Report—Not Required
Geotechnical Report—Not Required
Flood Hazard Development Standards—Not in a FEMA Floodplain
This phase of the planning process is a content review of the submitted materials, NOT a technical
review. Comments made during this phase of the process will not be all-inclusive. The Public Works
Department will perform a detailed technical review of the project once the submittal application is
deemed acceptable and is promoted to the review phase of the planning process.
• I Public Works has adequate information to review this submittal.
pc: 7-Day Completeness, Verizon Wireless
•
M:\PLANNIIJG-DEVELOPMENT REVIEVV\7-DayCorpletenessReviews\2011\Verizon Wireless 7-Day.docx
7 Day Completeness Review
•
PA10-106 Pre-Application
Subject: USR for a 250 foot telecommunications tower
Location: Pt. S2 being part of Section 25, T1ON, R57W
Applicant Name: Dewain Shapley Trust c/o Verizon
Wireless
Planner: Michel • Martin
Department: i'ublic Wor s Health Building
Planning
Comments: / )rif
it Ada,
1
42011 /71
Uf(DCQU/wr'NUBr
pT
Name: cam, oG," cid„
Date: 1- 13 - 1(
Date: January 14, 2011
Comments due no later than January 21 , 510
•
Michelle Martin
jar om: Lauren Light
nt: Monday, January 17, 2011 11:34 AM
To: Michelle Martin
Subject: 7 day review for verizon telecommunications tower
We will ask for dust and waste plans during construction.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
Iliahtco.weld.co.us
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
•
•
1
7 Day Completeness Review
•
PA10-106 Pre-Application
Subject: USR for a 250 foot telecommunications tower
Location: Pt. S2 being part of Section 25, T10N, R57W
Applicant Name: Dewain Shapley Trust c/o Verizon
Wireless
Planner: Michelle Martin
Department: Public Works Health : uilding Ise,)
Planning
Comments:
gui (cktvt) er,r a-e Zr
• .S-(-�-vc Leie er-a,a..)
Name: iba„,,��
Date: 1/47/,/
Date: January 14, 2011
Comments due no later than January 21 , 2010
•
4,44,t(*,
MEMORANDUM
WITO: PA10-106; Case File, pre-application
COLORADO DATE: December 3, 2010
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
USR for telecommunication tower
Attendees:
Kelly Harrison, Applicant
Heidi Hansen, Public Works
Tom Parko, Planning
Michelle Martin, Planning
Chris Gathman, Planning
Kris Ranslem, Planning
On Friday, December 3, 2010 an informal discussion took place at the Greeley Administrative
• Offices Conference Room regarding a proposed 250 foot telecommunication tower. (The legal
description is SE4 of Section 25, T10N, R57W of the 6th P.M.; Situs Address is 70589 CR 112)
Background Information:
Verizon Wireless is proposing to install a 250 foot telecommunication tower to improve cellular
reception for residents on Highway 71 in that area. It will be a lattice tower with no guyed wires.
The tower location is positioned onsite to meet all required setbacks, The lease area is
approximately 35x60 feet.
Public Works
According to the site plan, if the property is accessed from Highway 71, then the applicants need to
verify the access with CDOT. If the access is within 30 feet from the Section line, then the
applicants will need to obtain a Non-exclusive Agreement, stating that they are aware that the
county right-of-way is not a maintained road by Weld County. The minimum access required is 20
feet.
No traffic study is required
The site is not located within a designated floodplain.
No Drainage Report is required.
Planning Department
The applicant stated that they have had discussions with the US Military Government and are
required to be 2000 feet away from any silos in the area. The government is aware of the proposed
• project and will review the application.
Staff directed the applicants to visit with Lauren Light, Environmental Health, at 970-304-6415,
extension 2211 for guidance on requirements for potable water, sanitation facilities,dust abatement
and waste handling plans.
• Staff stated that the applicant will need to submit a Subdivision Exemption application for the lease
area. An easement agreement will need to be included in the application. In addition,the applicant
will need to submit a Use by Special Review Permit for the tower.
Staff provided a copy of the additional requirements for telecommunication towers according to
Section 23-4-800 of the Weld County Code.
Staff encouraged the applicant to look at the ability to collocate.
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m.
Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness
review. After the 7 day completeness review the applicant will be informed of what items are still
required to make the application complete. Staff requested that the applicant submit the remaining
material in electronic form. Upon submittal of a completed application it will be sent out for referral
for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as
many of the referrals as possible. At that meeting the Planning Commission hearing will be
scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks
after the Planning Commission hearing.
The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the
above notes may not identify all issues, even major ones that may be raised during the formal review of your
application. The information contained herein has been placed on file with the Department of Planning
• Services.
End memorandum.
•
•
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N 17TH AVENUE
GREELEY, CO 80631
PHONE: 970-353-6100, EXT. 3540/FAX: 970-304-6498
Date: a?fro/20I/ 20/ Receipt No. 1 5 8 61
Received From: --r-6e_ We r/,�A) co rfoo rq£rcJ+✓
Permit Type No. Description Fee
4221-RE d% Sc $QUO co
4221-ZPMH r/
4221-USR I oc& �1 ,21SUUCv
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
• #OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
❑CASH 17 .CHECK NO. 644 ❑CREDIT CARD TOTAL FEE tfit9 Jc 2
Receipted By: Exp.
•
W�`iPG APPLICATION FLOW SHEET
• COLORADO
APPLICANT: Dewain Shapley Trust CASE#: USR-1777
REQUEST: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.
LEGAL: S2 of Section 25, Township 10 North, Range 57 West of the 6th P.M. Weld County,
Colorado
LOCATION:West of and adjacent to State Hwy 71 and north of and adjacent to CR 112
PARCEL ID#: 0283 25 000007 ACRES: +/- 320
DATE BY
Application Received 2/16/2011 mm
Application Complete 2/16/2011 mm
BOA Hearing Date: Action:
Utility Board Date: N/A
PC Sign to be Posted By:
PC Sign Posted
Referrals Listed mm
2/16/2011
File Assembled
Referrals Mailed I
Chaindexed
2
Letter to Applicant Mailed
Date Public Notice Published in County Newspaper
Surrounding Property&Mineral Owners Notified ((�
Planning Technician Maps Prepared
Field Check by DPS Staff
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed in Case
Case Sent to Clerk to the Board
CC Hearing: Action:
CC Sign to be Posted By:
CC Sign Posted
Plat and/or Resolution Recorded
Recorded on Maps and filed
Overlay Districts Flood Hazard Yes NoX
Zoning Ag Panel 080266 0850C
Airport Yes No_X_
GeologicYes_No_X_
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