HomeMy WebLinkAbout20101836.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Viaero Wireless Case Number USR-1750
Submitted or Prepared
Prior to At
Hearing Hearing
1 ✓Staff Comments X
V Department of Planning Services Field Check Form X
✓Letter to Applicant X
/Legal Notifications X
2 /Application X
'� Maps X
✓Deed/Easement Certificate X
✓Surrounding Property/Mineral Owners (Abu*tkliC1r SPC) X
Utilities X
3 ✓Referral List X
Referrals without comment X
✓West Greeley Soil Conservation District referral received 7/6/2010 X
V Weld County Zoning Compliance 6/16/2010 X
• V Colorado Division of Wildlife referral received 6/21/2010 X
4 Referrals with comments X
✓Weld County Department of Public Health and Environment referral received X
7/15/2010(2 pages)
✓Department of Public Works referral received 7/15/2010 X
V Weld County Department of Building Inspection referral received 6/22/2010 X
pe y wn
6 PC Exhibits
6A Sign posting affidavit X
Pla g Crxnmiss en Rrsoiation
I hereby certify that the 11 items identified herein were submitted to the Department of Planning Serv-/�iAc�eeee'ss'�attoor�prior to the
scheduled Planning Commissioners hearing. S ZLZ�.L"^'V�..____
Chris Gathman ❑ Planner
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2010-1836 'et _ 1 --i'r.
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Vap C. ON
SUMMARY SHEET
COLORADO
Case Number: USR-1750 Hearing Date: August 3, 2010
Applicant: NE Colorado Cellular dba Viaero Wireless — Bob Hirsekorn
Address: 1224 W. Platte Avenue, Fort Morgan, CO 80701
Request: A Site Specific Development Plan and Use by Special Review Permit for
a Telecommunication Antenna Tower (330 foot guyed wireless
communication tower and related accessory buildings/structures) in the A
(Agricultural) Zone District
Legal Description: SW4SW4 of Section 35, T8N, R62W of the 6th P.M., Weld County,
Colorado
Location: North of and adjacent to CR 86; North and East of the intersection of CR
86 and CR81
• Size of Parcel: +/- 640 acres (leased area for USR: +/- 10 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 7/15/2010
• Weld County Department of Public Works, referral received 7/15/2010
• Weld County Department of Building Inspection, referral received 6/22/2010
The Department of Planning Services has received referral responses without comments from
the following agencies:
• Weld County Zoning Compliance, referral received 6/16/2010
• Colorado Division of Wildlife, referral received 6/21/2010
• West Greeley Soil Conservation District, referral received 7/6/2010
The Department of Planning Services has not received referrals from the following agencies:
Federal Aviation Administration
Federal Communication Commission
• Briggsdale Fire Protection District
EXHIBIT
USR-1750 Viaero Wireless I
9
• i&I!6ate.
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1750 Hearing Date: August 3, 2010
Applicant: NE Colorado Cellular dba Viaero Wireless — Bob Hirsekorn
Address: 1224 W. Platte Avenue, Fort Morgan, CO 80701
Request: A Site Specific Development Plan and Use by Special Review Permit for
a Telecommunication Antenna Tower (330 foot guyed wireless
communication tower and related accessory buildings/structures) in the A
(Agricultural) Zone District
Legal Description: SW4SW4 of Section 35, T8N, R62W of the 6th P.M., Weld County,
Colorado
• Location: North of and adjacent to CR 86; North and East of the intersection of CR
86 and CR 81
Parcel Size: +/- 640 acres (leased area for USR: +/- 10 acres)
Parcel Number: 054535000003
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
• agricultural area. The nearest residences are located approximately 1 mile to the
east and approximately 1 mile to the south of the tower site.
USR-1750—Viaero Wireless 2
• 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 proposed facility is located on a vacant
parcel in a rural agricultural area. The nearest residence is located % to 1 mile to
the east of the 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
the 3-mile referral area of a municipality.
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:
1. Prior to recording the plat:
A. All pages of plat shall be labeled USR-1750. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
• 1. The attached Development Standards. (Department of Planning Services)
USR-1750 Viaero Wireless 3
• 2. County Road 86 is classified a local gravel road and requires a 60-foot
right-of-way at full build out. There is presently a 60-foot right-of-way.
This road is maintained by Weld County. 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. This road is maintained by
Weld County. (Department of Public Works)
3. Add Board of County Commissioners Certification to the plat.
(Department of Planning Services)
C. A subdivision exemption application shall be submitted for review and approval
by the Department of Planning Services. Upon approval by the Department of
Planning Services, the subdivision exemption plat shall be submitted for
recording. (Department of Planning Services)
D. A portion of the access for the proposed facility lies on the neighboring
property/section to the west. The applicant shall provide written evidence and/or
authorization of the ability to utilize this access. (Department of Planning
Services)
E. 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
mapsco.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
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)
•
USR-1 750—Viaero Wireless 4
• 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 Briggsdale Fire Prevention 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)
•
•
USR-1750 Viaero Wireless 5
SITE SPECIFIC DEVELOPMENT PLAN
•
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Viaero Wireless
USR-1750
1. A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower (330-foot guyed 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 Non-
Specified 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. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
(Department of Public Health and Environment)
12. 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-1750—Viaero Wireless 6
• 13. 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
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)
14. 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)
15. All building plans shall be submitted to the Briggsdale Fire Prevention District for review
and approval prior to issue of building permits. (Department of Building Inspection)
16. 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)
17. 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 12
inches until the area is completely developed. (Department of Public Works)
18. The applicant shall utilize the existing access. (Department of Public Works)
19. The access drive shall be surfaced with gravel, recycled asphalt or the equivalent and
shall be graded to prevent drainage problems. (Department of Public Works)
20. The access drive shall be a minimum width of 20 feet to meet emergency equipment
(fire department) requirements. (Department of Public Works)
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. 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
USR-1750 Viaero Wireless 7
• 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)
24. Collocation of other antenna by other service providers shall be permitted on the tower.
(Department of Planning Services)
25. Personnel from the Weld County Government 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.
26. 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)
27. 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.
28. 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-1750—Viaero Wireless 8
• a DEPARTMENT OF PLANNING SERVICES
1555 N 17th
GREELEY, CO 80631631 PHONE: (970)353-6100, Ext. 3540
FAX: (9(970)304-6498
I
C.
COLORADO
July 20,2010
Bob White
do Bob Hirsekorn
Viaero Wireless
1224 W Platte Ave
Ft. Morgan CO 80701
Subject: USR-1750-A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication
Antenna Tower (330 foot wireless communication tower and related accessory buildings/structures) in the A
(Agricultural) Zone District on a parcel of land described as Section 35, TBN, R62W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 3, 2010, at 1:30 p.m. This
meeting will take place in the Hearing Room, Weld County Planning Department, 918 105h Street, Greeley, Colorado.
A subsequent hearing will be held on August 18, 2010 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/Plann ingZon inq/Planni nq Department/index.html
If you have any questions concerning this matter, please call.
Respectfully,
,(, • ocaDigitally signed by Kristine Ranslem
n Reason:I am the author of/- ,,,,ti�� Location:1555 N 17th Ave this document
l Date:201007.2011:20:1g-06'00'
Chris Gathman
• Planner
Kristine Ranslem
om: Chris Gathman
nt: Thursday, July 15, 2010 5:39 PM
o: Kristine Ranslem
Subject: Revised request language for USR-1749 and USR-1750 (for legal notifications)
Kris,
I knew this would get a bit tricky. Since Bruce determined that this process would fall under
the pending ordinance doctrine we no longer consider cell towers at major facilities of a
public utility. Here is the revised request language for the legals and also for subsequent
SPO notices:
USR-1749 - Request for a Site Specific Development Plan and Use by Special Review Permit for
a Telecommunication Antenna Tower (195 foot wireless communication tower and related
accessory buildings/structures) in the A (Agricultural) Zone District.
USR-1750 - A Site Specific Development Plan and Use by Special Review for a Telecommunication
Antenna Tower (330 foot wireless communication tower and related accessory
buildings/structures) in the A (Agricultural) Zone District.
Thanks,
Chris Gathman
Planner III
(held County Department of Planning Services
555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
•
1
. FIELD CHECK inspection dates: 7/23/2010
APPLICANT: Viaero Wireless CASE #: USR-1750
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(330 foot guyed wireless communication tower
and related accessory buildings/structures) in the A (Agricultural) Zone District.
LEGAL: SW4SW4 of Section 35, T8N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 86; North and East of the intersection of CR 86 and
CR 81
PARCEL ID#: 054535000003
ACRES: +/- 640 acres (leased area for USR: +/- 10 acres)
Zoning Land Use
N A N Agricultural land
E A E Agricultural land
S A S Agricultural land
W A W Agricultural land
• COMMENTS:
Vacant agricultural parcels.r Nearest residences are over 1-mile away.
Ace
GI i�iW`t�—____
Chris Gathman - Planner Ill
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Kristine Ranslem
0orom: Kristine Ranslem
_nt: Wednesday, June 16, 2010 1:02 PM
: 'Bill Hall'
Subject: USR-1750 Field Inspection
Attachments: usr1750.docx
We have just received a case (USR-1750) in which we ask that you submit the attached field
inspection sheet to us by July 16, 2010. You may view the case material at:
http://www.co.weld.co.us/departments/Planning/PlanningDepartment/index.html#1750
If you have any questions, please let me know. Thank you!
KrCst%we rzavtsLevv.
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
•
•
1
• •
Kristine Ranslem
iphom: Kristine Ranslem
nt: Wednesday, June 16, 2010 10:15 AM
o: 'Bob.Hirsekorn@Viaero.com'
Subject: Case USR-1750
Attachments: usr1750.pdf
Please see the attached letter.
I xktLve 120vt.SLewt
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
•
•
1
• DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631631 PHONE: (970)353-6100, Ext. 3540
' FAX: (970) 304-6498
COLORADO
June 16, 2010
NE Colorado Cellular, Inc
Viaero Wireless
Bob Hirsekorn
1224 W Platte Ave
Ft. Morgan CO 80701
Subject: USR-1750 - Request for a Site Specific Development Plan and Use by Special Review for a
Non-1041 Major Facility of a Public Utility (330 foot wireless communication tower and related
accessory buildings/structures) in the A (Agricultural) Zone District on a parcel of land
described as Section 35, T8N, R62W 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 tandem
Reason.I am the author of this document
/CA y Location:1555 N 12th Ave
Date:3010 06.16 09.07'51-06'00'
Chris Gathman
Planner
•
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