HomeMy WebLinkAbout20111164 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1776 FOR A TELECOMMUNICATION ANTENNA TOWER (195-FOOT
SELF SUPPORTING WIRELESS COMMUNICATION TOWER AND RELATED
ACCESSORY BUILDINGS/STRUCTURES) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BEVERLY ENSLEY, C/O VIAERO WIRELESS
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 27th day
of April, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Beverly Ensley, c/o Viaero Wireless, 512 Hanna, Fort Collins,
Colorado 80521, for a Site Specific Development Plan and Use by Special Review
Permit#1776 for a Telecommunication Antenna Tower (195-foot self supporting wireless
communication tower and related accessory buildings/structures) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #4494; located in
part of the W1/2 SE1/4 of Section 31, Township 9
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
May 18, 2011, to allow adequate time to conduct a Planning Commission hearing which was
continued to May 3, 2011, and
WHEREAS, at said hearing on May 18, 2011, the applicant was represented by
Henry Jacobsen, Viaero Wireless, 1350 West 6th Street, Loveland, Colorado 80537, 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 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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Section 23-2-20.1 (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 (3) 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 one (1) mile to the east of the tower. The tower will not be
lighted and will generate very little traffic (it is an unmanned facility).
b. Section 23-2-230.6.2 -- 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. 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 23-2-230.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
with any municipality. However, the site is located within the three (3)
mile referral area for Larimer County; although no referral response has
been received.
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 23-2-230.6.7 -- 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
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are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Beverly Ensley, c/o Viaero Wireless, for a Site
Specific Development Plan and Use by Special Review Permit #1776 for a Telecommunication
Antenna Tower (195-foot self supporting wireless communication tower and related accessory
buildings/structures) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1776.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The County Road 98 Section Line is sixty (60) feet of
unmaintained County right-of-way. There is presently sixty (60)
feet of right-of-way. Pursuant to the definition of setback in
Section 23-1-90 of the Weld County Code, the required setback is
measured from the future right-of-way line.
3) The Reception Number for the County Road 98 Non-exclusive
License Agreement shall be indicated on the plat.
4) All existing utilities (including gas lines) shall be indicated on the
plat.
C. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral response dated
March 15, 2011. The applicant must enter into a Non-exclusive License
Agreement with the Weld County Board of Commissioners to utilize the
County Road 98 section line right-of-way for access. Written evidence of
such shall be provided to the 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.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
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(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 the release of building permits:
A. Building permits shall be obtained prior to the construction of 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 Building Department,
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. 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 (not included in the Common Phrases
paragraph), 2008 National Electrical Code, and Chapter 29 of the Weld
County Code.
C. All building plans shall be submitted to the Nunn Fire Protection District,
for review and approval, prior to the issuance of building permits.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO' ' DO
ATTEST: 1-1 /
6j iii w
�'bara Kirkmeyer,
Weld County Clerk to the ro.- 41."4
441.41P ill)%.ean4P.,es/� ` wa Pro-TerBY: /.� '; ( y
Deputy Clerk to the Boar. As
Willi F. Garcia
AP VED ORM: e,-
David E. Lo
County Attorney
ouglas ademac er
Date of signature: 6/�l.�/O/��
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BEVERLY ENSLEY, C/O VIAERO WIRELESS
USR #1776
1. A Site Specific Development Plan and Use by Special Review Permit#1776 is for a
Telecommunication Antenna Tower (195-foot self supporting wireless communication
tower and related accessory buildings/structures) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
8. Adequate toilet facilities (portable toilets) and hand washing facilities shall be provided
during the construction of the facility.
9. Bottled water shall be utilized for drinking during construction of the project.
10. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
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 the construction of 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. The plans
shall be stamped by a Colorado registered professional architect or engineer.
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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 Nunn Fire Prevention District, for review and
approval, prior to 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. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 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 applicant shall utilize the existing access to the site.
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, Division 4, of the Weld County Code, 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
any reasonable time in order to ensure the activities carried out on the property comply
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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 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.
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