HomeMy WebLinkAbout20111307.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1777 FOR A TELECOMMUNICATION ANTENNA TOWER (250-FOOT
CELLULAR TOWER) IN THE A (AGRICULTURAL) ZONE DISTRICT - DEWAIN
SHAPLEY TRUST, C/O VERIZON WIRELESS, 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 May, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dewain Shapley Trust, 70589 County Road 112, Stoneham,
Colorado 80754, c/o, Verizon Wireless, LLC, 180 Washington Valley Road, Bedminster,
New Jersey 07921, for a Site Specific Development Plan and Use by Special Review
Permit#1777 for a Telecommunication Antenna Tower (250-foot cellular tower) in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
S1/2 of Section 25, Township 10 North, Range 57
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue said matter to
June 15, 2011, at the applicant's request, to allow the matter to be considered by a full quorum
of the Board, and
WHEREAS, on June 15, 2011, said applicant was present/represented by
Kelly Harrison, representative for Verizon Wireless, 1917 Lowell Boulevard, Denver,
Colorado 80204, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to
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SPECIAL REVIEW PERMIT #1777 - DEWAIN SHAPELY TRUST, CIO VERIZON WIRELESS
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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 23-2-230.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 surrounding
area is rural in character (rangeland). The nearest residence (which is
the property owner) is located approximately 1,300 feet to the northwest
of the tower site.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area
of any municipality.
e. Section 23-2-230.6.5 -- 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-Wide Road
Impact Fee Program. 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
Programs.
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 U.S.D.A. Soils Map of Important Farmlands of Weld
County, dated 1979, designates the soils on this property as "other."
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240), and
Operation Standards (Section 23-2-250) of the Weld County Code,
Conditions of Approval, and Development Standards ensure that there
are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT #1777 - DEWAIN SHAPELY TRUST, C/O VERIZON WIRELESS
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Dewain Shapely Trust, c/o Verizon Wireless,
LLC, for a Site Specific Development Plan and Use by Special Review Permit#1777 for a
Telecommunication Antenna Tower (250-foot cellular tower) in the A (Agricultural) Zone District,
on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All pages of plat shall be labeled USR-1777.
2) County Road 112 is designated as a Section Line road, which
requires sixty (60) feet of right-of-way at full buildout. 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.
3) The applicant shall increase the size of the access easement to
twenty (20) feet or provide documentation that the proposed
fifteen (15) foot access width requirement has been cleared with
the New Raymer Fire Protection District and Emergency Services,
in regard to the width and weight capacity of the access lane to
ensure it is adequate for emergency purposes.
4) The applicant shall contact the 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.
5) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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 fall of the tower onto the
burdened property and thereby meet the setback requirements of
Section 23-4-830.D.3.a.
B. The applicant shall address the requirements/concerns of the Federal
Aviation Administration, as stated in the referral response, dated
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February 22, 2011. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall address all of the conditions/requirements of
Subdivision Exemption (SE) #1196 and submit the plat to the Weld
County Department of Planning Services for recording.
D. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1, listed 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 file of all
drawings associated with the 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 constructing the facility. A plan
review is required for each building or structure for which a building permit
is required. Two (2) complete sets of plans are required when applying
for each permit. The applicant shall include a Code Analysis Data sheet,
provided by the Weld County Department of Building Inspection, for each
structure that requires a permit; submittal plans shall include a floor plan
showing the specific uses of each area for the building. The plans shall
be stamped by a Colorado registered professional architect or engineer.
B. 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, 2008 National Electrical Code and
Chapter 29 of the Weld County Code.
C. All building plans shall be submitted to the New Raymer Fire Protection
District, for review and approval, prior to the issuance of building permits.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DEWAIN SHAPLEY TRUST
c/o VERIZON WIRELESS, LLC
USR #1777
1. A Site Specific Development Plan and Use by Special Review Permit #1777 is for a
Telecommunication Antenna Tower (250-foot tall cellular tower) in the A (Agricultural)
Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
8. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
9. Bottled water shall be utilized for drinking during construction of the project.
10. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division.
11. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
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 (2)
complete sets of plans are required when applying for each permit. The applicant shall
include a Code Analysis Data Sheet, provided by the Weld County Department of
Building Inspection, for each structure that requires a permit; and submittal plans shall
include a floor plan showing the specific uses of each area for the building. Plans shall
be stamped by a Colorado registered professional architect or engineer.
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DEVELOPMENT STANDARDS - DEWAIN SHAPELY TRUST, C/O VERIZON WIRELESS, LLC
(USR#1777)
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13. 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, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
14. All building plans shall be submitted to the New Raymer Fire Prevention District, for
review and approval, prior to the issuance of building permits.
15. 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.
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
twelve (12) inches until the area is completely developed.
17. The access easement shall be graded and drained to provide an all-weather access.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the 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
Chapter 23 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.
21. Co-location of other antenna by other service providers shall be permitted on the tower.
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.
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
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DEVELOPMENT STANDARDS - DEWAIN SHAPELY TRUST, C/O VERIZON WIRELESS, LLC
(USR #1777)
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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.
24. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
25. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
26. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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SPECIAL REVIEW PERMIT #1777 - DEWAIN SHAPELY TRUST, CIO VERIZON WIRELESS
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �. r ' dc.1.k V< /1'�4
1861 (' �rf- a.K, arbara Kirkmeyer, Chair
Weld County Clerk to th:j=o-ri t '.1,f, f �)Pris '1o�� (� i '��On '-" San P. Y, Pro-Tem
Deputy Clerk to the Boa : — "
Wil 0APPROVED AS TO F0RM: O4
David E. Long cting C it Pro-Tem
(rney I
S County tt rney � � vino_ Qlc/l"
DouglRadema her
Date of signature: —7//`/h/
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