HomeMy WebLinkAbout20101834.tiff RESOLUTION
RE: APPROVE 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, C/O
NE COLORADO CELLULAR, INC., DBA 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 18th day
of August, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Bob White, 3315 33rd Avenue Court, Greeley, Colorado 80634, c/o
NE Colorado Cellular, Inc., dba Viaero Wireless, 1224 West Platte Avenue, Fort Morgan,
Colorado 80701 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, on the following described
real estate, being more particularly described as follows:
SW1/4SW1/4 of Section 35, Township 8 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Richard Bailey, Viaero
Wireless, 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
other land uses." The proposed tower facility is located on a vacant
parcel of land in a rural agricultural area and the nearest residences are
f. CAS PLC Pk), LL/ Awl. 2010-1834
()- !3-/D PL2076
SPECIAL REVIEW PERMIT #1750 - BOB WHITE, CIO NE COLORADO CELLULAR, INC.,
DBA VIAERO WIRELESS
PAGE 2
located approximately one (1) mile to the east and to the south of the
tower site.
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 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed facility
is located on a vacant parcel in a rural agricultural area. The nearest
residence is located approximately three-quarters of a mile to the east of
the 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 the three-mile referral area of
any municipality.
e. Section 23-2-230.B.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 23-2-230.6.6 -- 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 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application 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, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
2010-1834
PL2076
SPECIAL REVIEW PERMIT #1750 - BOB WHITE, CIO NE COLORADO CELLULAR, INC.,
DBA VIAERO WIRELESS
PAGE 3
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1750.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 86 is classified as a local gravel road and requires
60 feet of right-of-way at full buildout. There is presently 60 feet
of right-of-way. This road is maintained by Weld County.
Pursuant to the definition of setback in the Weld County Code
(Section 23-1-90), the required setback is measured from the
future right-of-way line.
3) The Board of County Commissioners Certification shall be added
to the plat.
C. 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
(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 copy of this
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 construction of 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. The applicant shall include a Code
Analysis Data sheet from the Weld County Department of Building
Inspection for each structure which requires a permit. Submittal plans
2010-1834
PL2076
SPECIAL REVIEW PERMIT #1750 - BOB WHITE, C/O NE COLORADO CELLULAR, INC.,
DBA VIAERO WIRELESS
PAGE 4
shall include a floor plan showing the specific uses of each area for the
building. Plans shall bear the wet stamp of 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 Briggsdale Fire Prevention
District, for review and approval, prior to 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY ORADO
ATTEST: / hock---) �XC1 Lv\a �
�i..uglas tademac Chair
Weld County Clerk to the . ar. T 3-�
1861 'c " �_,_ C' CUSED
p 2Y arbara Kirkmeyer, Pro-Tern
BY: of , -'s- � ���J a�
Deputy Clerk to the Boar CI ° ..
Sean P. Co y L
AP D A 4ila
'
ounty At orney k P J,
David E. Long
Date of signature: 9/9
2010-1834
PL2076
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BOB WHITE
C/O NE COLORADO CELLULAR, INC.
DBA VIAERO WIRELESS
USR-1750
1. A Site Specific Development Plan and Use by Special Review Permit #1750 is for a
Telecommunication Antenna Tower (330-foot wireless communication tower and related
accessory buildings/structures) in the A (Agricultural) Zone District and is subject to the
Development Standards stated hereon.
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 which 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 which 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 District, 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 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 Fee Impact Program.
12. Building permits shall be obtained prior to construction of 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. The applicant shall
include a Code Analysis Data sheet from the Weld County Department of Building
Inspection for each structure which requires a permit. Submittal plans shall include a
2010-1834
PL2076
DEVELOPMENT STANDARDS - BOB WHITE, C/O NE COLORADO CELLULAR, INC., DBA
VIAERO WIRELESS (USR-1750)
PAGE 2
floor plan showing the specific uses of each area for the building. Plans shall bear the
wet stamp of a Colorado registered professional architect or engineer.
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 Briggsdale 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. 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, shall be maintained at a maximum height of twelve (12)
inches until the area is completely developed.
17. The applicant shall utilize the existing access.
18. The access drive shall be surfaced with gravel, recycled asphalt, or the equivalent, and
shall be graded to prevent drainage problems.
19. The access drive shall be a minimum width of 20 feet to meet emergency equipment
(fire department) requirements.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
22. 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 of the Weld County Code in order to reestablish any subsequent Use by
Right or Use by Special Review Permit. Upon the determination that the use has been
abandoned, the facility owner will have 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.
2010-1834
PL2076
DEVELOPMENT STANDARDS - BOB WHITE, CIO NE COLORADO CELLULAR, INC., DBA
VIAERO WIRELESS (USR-1750)
PAGE 3
23. Co-location of other antennae by other service providers shall be permitted on the tower.
24. Weld County Government Personnel 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 Development Standards stated herein and all applicable Weld County regulations.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
27. 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.
2010-1834
PL2076
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