HomeMy WebLinkAbout20101847.tiff HEARING CERTIFICATION
DOCKET NO. 2010-35
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1750 FOR A TELECOMMUNICATION ANTENNA TOWER (330-FOOT
WIRELESS COMMUNICATION TOWER AND RELATED ACCESSORY BUILDINGS/
STRUCTURES) IN THE A (AGRICULTURAL) ZONE DISTRICT - BOB WHITE, CIO
NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS
A public hearing was conducted on August 18, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern - EXCUSED
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated July 16, 2010, and duly published July 21, 2010,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Bob White,
c/o NE Colorado Cellular, Inc., dba Viaero Wireless, for a Site Specific Development Plan and
Use by Special Review Permit #1750 for a Telecommunication Antenna Tower (330-foot
wireless communication tower and related accessory buildings/structures) in the A (Agricultural)
Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Rademacher
advised the applicant's representative, Richard Bailey, that he has the option of continuing the
matter to a date when the full Board will be present. However, if he decides to proceed today,
the matter will require three affirmative votes, or in the case of a tie vote, Commissioner
Kirkmeyer will review the record and make the determining vote. Mr. Bailey indicated he would
like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated these types of towers were previously considered through the approval
process for a Major Facility of a Public Utility, which meant the matter was only reviewed by the
Planning Commission; however, with recent amendments to the Weld County Code, this type of
request is now considered through the USR process and requires a hearing before the Board of
County Commissioners. He clarified this request is for the third tower is a series of towers along
this corridor, and the other two towers are located within the general vicinity of the Towns of Ault
and Briggsdale. He stated this property is rural agricultural land, and the nearest residences are
approximately one mile to the east and south. He confirmed nine referral agencies reviewed
this request, and six referral responses were received containing comments which have been
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HEARING CERTIFICATION - BOB WHITE, CIO NE COLORADO CELLULAR, INC., DBA
VIAERO WIRELESS (USR-1750)
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addressed within the Conditions of Approval and Development Standards. He further confirmed
the site is not located within the three-mile referral area for any municipality. He stated
subsequent information has been provided by the applicant, indicating the applicant has chosen
to proceed with the Recorded Exemption process; therefore, Condition of Approval #1.C may be
deleted. He further stated the applicant also provided a letter of permission from the property
owner to the west, concerning access at the gate on County Road 86; therefore, Condition of
Approval #1.D may be deleted as well. Mr. Gathman displayed photographs of the site and the
surrounding area.
Heidi Hansen, Department of Public Works, stated the access to the site is located on County
Road 86, which is a local gravel road, containing 60 feet of right-of-way. She confirmed the
existing access will be utilized and the property does not require any stormwater drainage
improvements; however, noxious weeds will be required to be controlled on the site.
Responding to Commissioner Garcia, Ms. Hansen confirmed Weld County will not require any
stormwater drainage improvements, and Development Standard #11 indicates the applicant
may need to obtain a permit from the State, "if applicable."
Mary Evett, Department of Public Health and Environment, stated there will be no employees
working at the site, therefore, no water or sewer service is required. She indicated there will be
a propane tank located on the site, to be utilized in conjunction with the generator, if necessary,
and the applicant is required to comply with all Stated Underground and Above Ground Storage
Tank Regulations, as referenced within Development Standard #10. She confirmed the
remaining Development Standards are consistent with similar operations.
Mr. Bailey, representative of Viaero Wireless, stated a series of communication towers for this
cell phone company are located between the Town of New Raymer and the City of Fort Morgan,
and this particular tower will be located within the Briggsdale area. He confirmed Viaero
Wireless provides cellular telephone services within the rural portions of Weld County, and the
addition of the future site near the Town of Grover will help to provide exceptional wireless
coverage throughout Weld and Morgan Counties. In response to Chair Rademacher and
Commissioner Long, Mr. Bailey explained the company will soon be rolling out the new 4G
technology, which will allow the use of high speed data transfers. Responding to Commissioner
Garcia, Mr. Bailey confirmed a 1,000-gallon propane tank will be buried on the property, and it
will meet all required fire codes.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, the Board concurred with the deletion of Conditions of
Approval #1.C and #1.D, with the required re-lettering, as requested by staff, and the deletion of
Development Standard #11, with the required re-numeration. Further responding to Chair
Rademacher, Mr. Bailey confirmed he has reviewed, and concurs with, the Conditions of
Approval and Development Standards, as modified.
Commissioner Long moved to approve the request of Bob White, c/o NE Colorado Cellular, Inc.,
dba Viaero Wireless, for a Site Specific Development Plan and Use by Special Review Permit
#1750 for a Telecommunication Antenna Tower (330-foot wireless communication tower and
2010-1847
PL2076
HEARING CERTIFICATION - BOB WHITE, C/O NE COLORADO CELLULAR, INC., DBA
VIAERO WIRELESS (USR-1750)
PAGE 3
related accessory buildings/structures) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. His motion included the
deletion of Conditions of Approval #1.C and #1.D, and Development Standard #11, with the
required re-lettering and re-numeration. The motion was seconded by Commissioner Conway,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:15 a.m.
This Certification was approved on the 23rd day of August, 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY LORADO
ATTEST: ; ��i���� O-, ^r'
ougla ade a , Chair
Weld County Clerk to the .-r. • v
•;,i 'I XCUSED
i .4 ,� :arbara Kirkmeyer, Pro-Tem
BY: i�/�. ' ca. .�' . i!*! , ,
Deputy Clerk to the Bo `�
U� � Sean P. Con yTh------- ------
W(0 Ga cia
David E. Long
2010-1847
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1750 - BOB WHITE, C/O NE COLORADO CELLULAR, INC., DBA
VIAERO WIRELESS
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 08/03/2010)
D. Planning Staff Certification and photo of sign posting
E. Applicant Letter of Permission from Stan Cass, dated 08/04/2010
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