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HomeMy WebLinkAbout20111166 INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Viaero Wireless Case Number USR-1776 Submitted or Prepared Prior to At Hearing Hearing N., 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X N4 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X N Utilities (N//:)) X '' 3 Referral List X Referrals without comment X Weld County Zoning Compliance 2/14/2011 X NI 4 Referrals with comments X • Weld County Department of Public Health and Environment referral received X 3/10/2011 Department of Public Works referral received 3/15/2011 X Weld County Department of Building Inspection referral received 3/8/2011 X West Greeley Soil Conservation District referral received 2/16/2011 X Federal Aviation Administration e-mail referral received 2/15/2011 X 5 Surrounding Property Owners/Mineral Owners - Letters MIA NJ 6 PC Exhibits 6A Sign posting affidavit I('.(j (al G+Caz. (hI Y I%od ) X N' 6B Anadarko Mineral Notification waiver letter X \+ 6C E-mail responses to Jim Woodward dated 2/27/2011 X Ns 6D E-mail from Jim Woodward dated 3/27/2011 X N4 6E E-mail response to Jim Woodward dated 3/28/2011 X N1 6F E-mail response from Henry Jacobsen to Jim Woodward dated 3/28/2011 X V 6G E-mail response from Henry Jacobsen dated 3/29/2011 X N 6H Letter from Jim Woodward received 4/5/2011 (22 pages) X NI 61 E-mail response to Jim Woodward dated 4/14/2011 X 6J Letter from Jim Woodward dated 4/24/2011 X r"^ Ni 6K E-mail response from Jim Woodward dated 4/25/2011 12:30 PM X 6L E-mail from Jim Woodward dated 4/25/2011 12:33 PM 6M E-mail from Jim Woodward dated 5/2/2011 X 2011-1166 6N Letter from Karen Wolff dated 5/2/2011 X • N 6O E-mail response to Jim Woodward dated 5/2/2011 X 6P Letter from Jim Woodward dated 5/2/2011 X V 6Q Letter from Rose Brinks dated 5/3/2011 X 6R Letter from Henry Jacobson dated 5/3/2011 X • 7 PlonnLag Conuidosivii Resolution- I hereby certify that the28 items identified herein were submitted to the Department of Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman ❑ Planner • • LAND USE APPLICATION VC SUMMARY SHEET COLORADO Case Number: USR-1776 Hearing Date: April 5, 2011 Applicant: Viaero Wireless — C/O Henry Jacobsen Address: 1350 W. 61h Street, Loveland, CO 80537 Request: A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower (195-foot self supporting wireless communication tower and related accessory buildings/structures) in the A (Agricultural) Zone District Legal Description: Lot B of RE-4944; located in part of the W2SE4 of Section 31, T9N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 98 and approximately 1/2 mile east of CR 13 Size of Parcel: +/-46.2 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 3/10/2011 • Weld County Department of Public Works, referral received 3/15/2011 • Weld County Department of Building Inspection, referral received 3/8/2011 • West Greeley Soil Conservation District, referral received 2/16/2011 • Federal Aviation Administration, e-mail referral received 2/15/2011 The Department of Planning Services has received referral responses without comments from the following agencies: • Weld County Zoning Compliance, referral received 2/14/2011 The Department of Planning Services has not received referrals from the following agencies: Federal Communication Commission Colorado Division of Water Resources EXHIBIT Larimer County ' Nunn Fire Protection District I USR-1776 Viaero Wireless I fat* SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW W�`Pe COLORADO Planner: C. Gathman Case Number: USR-1776 Hearing Date: April 5, 2011 Applicant: Viaero Wireless — C/O Henry Jacobsen Address: 1350 W. 6`h Street, Loveland, CO 80537 Request: A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower (195-foot self supporting wireless communication tower and related accessory buildings/structures) in the A (Agricultural) Zone District Legal Description: Lot B of RE-4944; located in part of the W2SE4 of Section 31, T9N, R67W of the 6th P.M., Weld County, Colorado lbLocation: North of and adjacent to CR 98 and approximately 'A mile east of CR 13 Parcel Size: +/-46.2 Parcel Number: 0453 31 400004 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 vacant parcel of land in a rural area. Three residences are located to the west of the site with the nearest residence being approximately 550-feet from the proposed tower site. Electrical Transmission lines are located approximately 1 mile to the east of the tower. The tower will not be lighted and will generate very little traffic (it is an unmanned USR-1776—Viaero Wireless 2 S 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. The nearest residence is located approximately 550 feet to the west of the tower site. A Use By Special Review Permit for a Roping Arena (USR-977) is located approximately 1,000 feet to the west of the proposed 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. The site is located within the 3-mile referral area for Larimer County. No referral response has been received from Larimer County. 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: USR-1776 Viaero Wireless 3 1. Prior to recording the plat: A. All pages of plat shall be labeled USR-1776. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. The CR 98 Section Line is 60-feet of unmaintained County right-of-way. There is presently a 60-foot right-of-way. Pursuant to the definition of setback in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. (Department of Public Works) 3. The reception #for the CR 98 non-exclusive license agreement shall be indicated on the plat. (Departments of Public Works and Planning Services) 4. All existing utilities (including gas lines) shall be indicated on the plat. (Department of Planning Services) C. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral response dated March 15, 2011. The applicant must enter into a non-exclusive license agreement with the County to utilize the WCR 98 section line right-of-way for access. Written evidence that the non-exclusive license agreement has been accepted by the Board of County S Commissioners shall be provided to the Department of Planning Services. (Department of Public Works) 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 maps(cr�co.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 USR-1776—Viaero Wireless 4 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 Nunn 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) S USR-1776 Viaero Wireless 5 a SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Viaero Wireless USR-1776 1. A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower (195-foot self supporting wireless communication tower and related accessory buildings/structures) 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 Residential 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. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (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) USR-1776—Viaero Wireless 6 12. Building permits shall be obtained prior to constructing the facility. A plan review is 4.1 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 Nunn 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 llIll 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. Utilize the existing access to the site. (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) S 21. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) USR-1776 Viaero Wireless 7 S 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 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. (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. USR-1776-Viaero Wireless 8 • DEPARTMENT OF PLANNING SERVICES 1861 I 1555 N 17th AVE GREELEY, CO 80631 a PHONE: (970) 353-6100, Ext. 3540 i FAX: (970) 304-6498 WELD-COUNTY u March 16, 2011 Viaero Wireless c/o Henry Jacobsen 1350 W 6th St Loveland CO 80537 Subject: USR-1776- A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower (195 foot cellular tower) in the A (Agricultural) Zone District on a parcel of land described as Lot B RE-4494; located in Part of the W2SE4 of Section 31, T9N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 5, 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 April 27, 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.weld.co.us/Departments/Plan ningZoni nq/Planni nq Department/i ndex.html If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem �AMA" , LocatiotheN author of this document Location:1555 Nu 17th Ave Date:2011.03.16 14:18:47-0600' Chris Gathman Planner • so Lr ,y -y7 t._ P t(� If ,J.1 ID • I I A'‘"- t . 44 • ly u}Z.�4r �+qpy})'{ •. li0Slp ... . , , ,,.,,;�. .1 ,s.,4. 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T) 5/12/2011 • - . -10 ► ,ic „.-et:;,, • • 3 5/12/2011 • _ s • .>4. ' • .„ • • 4 5/12/2011 • _ _ . . _ `. I • 4 • It.. Mi- ' ,, , ; r • 5 5/12/2011 0 l J /: /.. 'y. j. • -. _. - .. . _ ,;l 1 i �}=k.•Gciv- -+w-+�--�.N! - cw . .aac.• 9�j1 . .- t y k '.' f a- • 6 Kristine Ranslem om: Kristine Ranslem t: Monday, February 14, 2011 1:38 PM • 'huntpup@hotmail.com'; 'henry.jacobsen@viaero.com' Subject: Case USR-1776 Attachments: Applicant letter.pdf; image003.png Please see the attached letter. If you have any questions, please let us know. Thank you! K.VLsti,we 12ffi wslev& Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 I S4I ]Oii W EC'as PU NTr u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for heperson 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 • $ 6 ( 2 ( ( DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 WELD____,COUNTY February 14, 2011 Viaero Wireless Go Henry Jacobsen 1350 W 6th St Loveland CO 80537 Subject: USR-1776 - Request for A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower (195 foot cellular tower) in the A (Agricultural) Zone District on a parcel of land described as Lot B RE-4494; located in Part of the W2SE4 of Section 31, T9N, R67W 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. If you have any questions concerning this application, please call. Respectfully, Digitally signed by Kristine Ranslem C*v""' Kr iIhwCa Reason:l am the author of this document Location:1555 N 17th Ave Date:2011.02.14 09:27:54-07'00' Chris Gathman Planner • Kristine Ranslem om: Kristine Ranslem t: Monday, February 14, 2011 1:39 PM • 'Erich Ehrlich' Subject: USR-1776 Field Inspection Attachments: PC FIELD CHECK.docx; image003.png We have just received a case (USR-1776) in which we ask that you review the material and send the attached field inspection form to us by March 14, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlannincZoninq/PlannincDepartment/index.html#1776 If you have any questions, please don't hesitate to contact me at the number below. Thank you! K,ristr,v&e RGi in,SLevu Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 d { I .I? II 'NECD:16 UNT9 f I 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 FIELD CHECK inspection dates: 3/24/2011 &4/22/2011 APPLICANT: Viaero Wireless CASE #: USR-1776 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower (195-foot self supporting wireless communication tower and related accessory buildings/structures) in the A (Agricultural) Zone District LEGAL: Lot B of RE-4944; located in part of the W2SE4 of Section 31, T9N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 98 and approximately 1/2 mile east of CR 13 PARCEL ID #: 0453 31 400004 ACRES: +/- 46.2 Zoning Land Use N A N Dryland E A E Dryland (residences approx.5 to .75 mile to the east) S A S Dryland W A W Single-Family Residence approx. 300-feet to the west COMMENTS: Parcel is vacant. Accessed by a one-track non-maintained county road right-of-way. avec c29,et,__ Chris Gathman - Planner III • sitrott MEMORANDUM W IWill e TO: PA10-101; Case File, pre-application COLORADO DATE: November 18, 2010 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for 185 foot communication tower Attendees: Henry Jacobsen, Viaero Wireless Chris Gathman, Planning Kris Ranslem, Planning On Thursday, November 18, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed 185 foot communication tower. (The legal description is Lot B RE-4494; Part of W2 SE4 of Section 13, T9N, R67W of the 6th P.M.) • Background Information: The applicants are proposing to install a 185 foot self-supporting cellular tower to provide coverage for their clients. In addition, an 8x17 foot electronics building, a small back-up generator, and a 1000-gallon buried propane tank(generator fuel)would be constructed on site. The facility would be fenced and accessed from an undeveloped CR 98. Planning Department The applicant stated that Viaero Wireless intends to purchase the entire parcel. In addition, they have designed the placement of the tower to comply with the 100 percent fall radius according to Weld County Code. Staff stated that the applicant will need to visit with Public Works regarding a non-exclusive agreement for CR 98 since the applicants will be utilizing the right-of-way. Staff requested that the applicant show a site elevation of the tower on the site plan. The applicant indicated that the fenced area will consist of road base for weed abatement. A dirt road access is proposed to the facility. 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. • • Submit by Email Print Form WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and Environment. Pre-application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: V;a.ero Wire-less / henry Ta.ceb%eel , /E Phone: (170) 5rb7- o35S Fax: Email: /ienry.ace bison Q vi4 ere.Gear Address: /35o. w (,n Sf Love/an./ Co 10537 • Project Description: Cell Tower — /✓Wlinilr.• East Property Information: l Section-Township- Zoning Range 513 - T 9N- te. 6 7 ►J 41- Parcel Number 0vS33/Yd000apt Acreage it I.•17- Site Address Water Source n/a Legal Description PT WI SEY 37- 7- G7 tat 6 Sewer n /a. Owner Name lie vary m Ens lc y Is this property currently in violation? _Yes tp}No Case Number Preferred date and time for meeting: Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services • Greeley Office— 1555 N l7`"Ave, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 �TM 1 November 15,2010 Weld County Planning Department 1555 N 17th Ave, Greeley CO 80631 Attn: Chris Gathman Via email: cgathman@co.weld.co.us Viaero request a Pre-application meeting with the Weld County Planning Department at your earliest convenience. I may be contacted by email(henry jacobsen@viaero.com)or by telephone(970-467-0555). Viaero proposes to construct a 185' self-supporting cellular tower on property identified in Weld County as Parcel 4045331400004. An option agreement for purchase of this 46.22 acre parcel has been executed with the land owner, Beverly A Ensley. This agreement includes authorization to represent the owner in this application. Adjacent landowners have been contacted by Viaero and are aware of the proposed construction. In addition to the proposed tower, Viaero proposes to place on site a prefabricated 8'x17' electronics building,a small back-up generator,and a 1000-gallon buried propane tank(generator fuel).The site would be enclosed by a 60'x60' chain link fence with barbed wire outriggers. Access to the site would be directly from undeveloped CR 98,which lies on the southern edge of the parcel. Underground electrical power is available long CR98 through Xcel; power to the site would be via buried cable as well. The proposed tower would be set back more than a 100% fall radius from property lines and platted roads.This would be an unmanned facility,and would be visited only rarely,typically once per month for the purposes of preventive maintenance.No water or sewer would be provided to the site.No changes are proposed to the existing landscaping and natural drainage of the plot. V iaero will secure all federal permits for the construction of the proposed tower, including but not limited to: FAA Hazard to Navigation and NEPA(e.g.,historical,cultural,wildlife and flora).Viaero would only utilize frequencies allocated to its use by the FCC.Viaero commits to collocation of other carriers on this tower,subject to interference and structural analysis. This proposed tower would be part of a network that will extend into Larimer County,particularly to underserved rural areas such as Red Feather Lakes. Respectfully submitted, i Henry J cobsen, PE Enginving/Site Acquisition Specialist Is 1224 W Platte Ave Fort Morgan, CO 80701 1.970.768.0000 1.970.867.3589 www.viaero.com 1uciil,1y 1..,x,.,.5 . ..5., . .,. WELD COUNTY ASSESSOR PROPERTY PROFILE • Account#: R4630207 Parcel*: 045331400004 Tax Area: 0915 Bordering County: Acres:46.22 Township Range Section Quart.Sec. Subdivison Name Block* Lot# 09 - 67- 31 -4 - - Owners Name&Address: Property Address: ENSLEY BEVERLY A Street: 512 HANNA City: FT COLLINS, CO 80521 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description PT W25E4 31 9 67 LOT B REC EXEMPT RE-4494 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value • Agricultural 4127 Acres 45.64 Agricultural 4167 Acres 0.58 Land Subtotal: 46.22 ;557 ;170 No Buildings on Parcel • http://maps2.mei-rick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=0453... 11/15/2010 OBS APPLICATION LONG FLOW SHEET (I • APPLICANT: Viaero Wireless CASE#: USR-1776 REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower (195-foot tall cellular tower) in the A (Agricultural) Zone District. LEGAL: Lot B of RE-4494; located in part of the W2SE4 of Section 31, T9N, R67W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 98 and approximately % mile west of County Road IS PARCEL ID#: 045331400004 ACRES: +/-46.2 acres To be completed by Planner: Date By Application Received PC Hearing Action: Utility Board Date Design Review Date Application Complete and Sent to Office Tech PC Sign to be Posted By: Field Check and Sign Posted • CC Hearing Action: CC Sign to be Posted By: CC Sign Posted To be completed by Office Tech: Date (Sent) Date (Due) By Referrals )114111 I Certified Mail to: Letter to Applicant 1 Chaindexed C. Surrounding Property/Mineral Owners Notified Date Legal Notice Sent to County Newspaper Date Legal Notice to be Published in County Newspaper File Completed and given to Planner To be completed by CAD Tech: Date By Plat Recorded and Filed S Overlay Districts Zoning Agricultural Geologic Yes_ No_X_ Airport Yes No_X_ Flood Hazard Yes_ No_X_ Panel #080-266 tanwowtdsopubint MILD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1888 N 171).AVENUE GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 Date: Tecip . I t 1 20 It Rea No 1585 4 Received From: V: G e.s a (,t ),p(..(C SS Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH kk 4221-USRj 'J 1_ ham{' cSL ,4 ?.SVU.CDv 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #�OF BUILDABLE LOTS 4221-ADDmONM.30% FEE FOR SUB'S 4221-RE-SUBDIVISIONS 4221-BOA 4221-2PCV/ZPAS 4430 MAPS/POSTAGE • 4430-COPIES 4730-INVESTIGATION FEE 6580-RECORDING FEE ❑CASHp(CHECKNO.UI$13Sj/5❑CREDIT CARD TOTAL FEE ?NS W.QQ Receipted By7 4IflO L e^'"� DUI . I30 Exp, Hello