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Home My WebLink About20102310.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1749 FOR A TELECOMMUNICATION ANTENNA TOWER (195-FOOT WIRELESS COMMUNICATION TOWER AND RELATED ACCESSORY BUILDINGS/STRUCTURES) IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND GLADYS SUDEN, 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 6th day of October, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Robert and Gladys Suden, 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#1749 for a Telecommunication Antenna Tower (195-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: Lot B of Recorded Exemption #1607; being part of the NE1/4 of Section 34, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Henry Jacobsen, 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 23-2-230.6.1 -- 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 CC'• - ' Pl_ , A1_- E, NO. PD- 2010-2310 lC 'v PL2082 SPECIAL REVIEW PERMIT #1749 - ROBERT AND GLADYS SUDEN, C/O NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS PAGE 2 parcel of land in a rural agricultural area. The nearest residences are located approximately one (1) mile to the east and approximately one (1) mile 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.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding area is rural and agricultural in character. The nearest residence is located approximately 950 feet to the southeast of the site. Other residences are located approximately one-half (14) mile to the south and west of the tower site. There are three (3) mobile homes that appear to be for accessory farm help approximately 300 feet to the east of the tower site. d. Section 23-2-230.6.4 -- 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 located within the three-mile referral area of the Town of Kersey. The Town of Kersey, in an electronic mail referral dated June 25, 2010, indicated no conflicts with its interests. 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 proposed site is designated as "irrigated non-prime", per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. g. Section 23-2-230.6.7 -- 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. 2010-2310 PL2082 SPECIAL REVIEW PERMIT #1749 - ROBERT AND GLADYS SUDEN, C/O NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Robert and Gladys Suden, c/o NE Colorado Cellular, Inc., dba Viaero Wireless, for a Site Specific Development Plan and Use by Special Review Permit #1749 for a Telecommunication Antenna Tower (195-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: 1. Prior to recording the plat: A. All pages of plat shall be labeled USR-1749. B. The plat shall be amended to delineate the following: 1. The attached Development Standards. 2. County Roads 52 and 57 are classified as local gravel roads and require 60 feet of right-of-way at full buildout. There is presently a 60-foot right-of-way. 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. These roads are maintained by Weld County. 3. Add Board of County Commissioners Certification to the plat. 4. Remove the easement certificate. 5. The applicant shall submit, to the Department of Planning Services, evidence of a recorded easement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property, and thereby meet the setback requirements of Section 23-4-830.D.3.a. C. A Subdivision Exemption application shall be submitted to the Department of Planning Services, for review and approval. Upon approval by the Department of Planning Services, the Subdivision Exemption plat shall be submitted for recording. 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 2010-2310 PL2082 SPECIAL REVIEW PERMIT #1749 - ROBERT AND GLADYS SUDEN, C/O NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS PAGE 4 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 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. The applicant shall include a Code Analysis Data sheet for the Weld County Department of Building Inspection 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. 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 Platte Valley Fire 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. 2010-2310 PL2082 SPECIAL REVIEW PERMIT #1749 - ROBERT AND GLADYS SUDEN, C/O NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS E llsa LD COU OLORADO .per ATTEST: �"�7' 1 .s adema he , air 1861 Weld County Clerk to the BoarA ~ - Tara Kirkmeyer, ro-Tem / BY: A tit Oct fl.1N �,I Dep Clerk t t e Board Sean P. C ay APP A F M: it m F. G rcia ourf ttorney David E. Long Date of signature: 16(26/iC 2010-2310 PL2082 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROBERT AND GLADYS SUDEN, C/O NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS USR#1749 1. A Site Specific Development Plan and Use by Special Review Permit #1749 is for a Telecommunication Antenna Tower (195-foot 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 Non-Specified Zone, 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 the provisions of the Colorado Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations (7 C.C.R. 1101-14), as applicable. 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 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. The applicant shall include a Code Analysis Data sheet for the Weld County Department of Building Inspection for each structure that requires a permit. Submittal plans shall include a floor 2010-2310 PL2082 DEVELOPMENT STANDARDS - ROBERT AND GLADYS SUDEN, CIO NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS (USR#1749) PAGE 2 plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado licensed 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 Platte Valley Fire Prevention District for review and approval prior to issuance of building permits. 15. The historical flow patterns and runoff amounts shall 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, 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. Should the access be moved in the future, the applicant shall utilize the new 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, Division 4, 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 2010-2310 PL2082 DEVELOPMENT STANDARDS - ROBERT AND GLADYS SUDEN, CIO NE COLORADO CELLULAR, INC., DBA VIAERO WIRELESS (USR #1749) PAGE 3 who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services. 23. Collocation of other antenna 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. 2010-2310 PL2082 Hello