HomeMy WebLinkAbout20102323.tiff HEARING CERTIFICATION
DOCKET NO. 2010-46
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1749 FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY
(195-FOOT WIRELESS COMMUNICATION TOWER AND RELATED ACCESSORY
BUILDINGS/STRUCTURES) IN THE A (AGRICULTURAL) ZONE DISTRICT- ROBERT
AND GLADYS SUDEN, CIO NE COLORADO CELLULAR, INC., DBA VIAERO
WIRELESS
A public hearing was conducted on October 6, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
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, Tom Parko
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated August 20, 2010, and duly published August 25,
2010, in the Windsor Beacon, a public hearing was conducted to consider the request 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 Non-1041 Major Facility of a
Public Utility (195-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.
Tom Parko, 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 the Weld County Code was recently amended and communication/antenna towers
are no longer considered to be a Major Facility of a Public Utility, therefore, they are now
reviewed through the standard process for a Use by Special Review (USR) permit. He
indicated the surrounding area is rural and agricultural in nature, the nearest single-family
residence is approximately 950 feet south, and there are several other residences within
one-half mile to the south and west of the tower site. He further indicated there are three mobile
homes, which are Accessory to the Farm units, located approximately 300 feet east, across
County Road 57, and no correspondence has been provided by any surrounding property
owners. He stated eleven referral agencies reviewed the application materials, and eight
provided comments which have been addressed within the Conditions of Approval and
Development Standards. He clarified no referral responses were received from the Federal
Aviation Administration (FAA), the Federal Communications Commission (FCC), or the Platte
Qt - UW, PL, 1-AL- t-, Q- 2010-2323
to a1- / I - 3-II PL2082
HEARING CERTIFICATION - ROBERT AND GLADYS SUDEN, C/O NE COLORADO
CELLULAR, INC., DBA VIAERO WIRELESS (USR-1749)
PAGE 2
Valley Fire Protection District. He indicated the site is located within the three-mile referral area
for the Town of Kersey, which indicated no conflicts within a referral request, and he displayed
photographs of the site and the surrounding area. In response to Chair Rademacher, Mr. Parko
indicated County Road 57 is located in fairly close proximity to the access for this site.
Heidi Hansen, Department of Public Works, stated County Roads 52 and 57 are both local
gravel roads, containing the necessary 60 feet of right-of-way. She stated the traffic count for
County Road 52, taken in the year 2005, indicated an average of 75 vehicles per day, and the
traffic count for County Road 57, taken in the year 2006, indicated an average of 55 vehicles per
day. She confirmed the existing access, located on County Road 52, is close to the intersection
of County Roads 52 and 57, and the Department did not request that the applicant move the
access since the site is expected to incur a very minimal amount of traffic; however, the access
does need to be at least 20 feet wide in order to accommodate emergency vehicles. She
indicated there are no stormwater drainage requirements for the site, which is consistent with
the permits issued for similar facilities. In response to Commissioner Kirkmeyer, Ms. Hansen
clarified the existing access is for oil and gas operations, which provides access to three
existing wells on the property. She further clarified the access has existed for quite some time
and an access permit has not been issued. In response to Chair Rademacher, Mr. Hansen
confirmed the access is 45 feet from the intersection, and typically the Department requests a
minimum distance of 75 feet on local gravel roads.
Mary Evett, Department of Public Health and Environment, stated there will be no employees on
the site, therefore, permanent water and sewer services are not required. She indicated a
propane tank will be buried at the site, which will act as a back-up generator, and the tank must
be installed and maintained in compliance with the regulations of the Colorado Division of Labor
and Employment, Division of Oil and Public Safety, as required within Development
Standard #10. She confirmed the Development Standards for this facility are consistent with the
requirements for other similar facilities.
Henry Jacobsen, Viaero Wireless, represented the applicant and confirmed the traffic to the site
will be very minimal, since only one vehicle will access the site, once per month. He indicated
the proposed tower will be a part of a series of improvements to the existing network, and will
help to provide internet and telephone services to rural areas within Weld County that are not
currently well-served. He confirmed the additional tower will enhance the level of
communication, especially since many residents are now relying on cellular communications.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, Mr. Parko indicated a memorandum from staff, marked
Exhibit E, requests the addition of Condition of Approval #1.B.5, requiring the amendment of the
USR boundary to delineate a setback of 195 feet in all directions from the tower. Mr. Barker
clarified he spoke with the Attorney representing Viaero Wireless this morning on the telephone,
and explained that new regulations recently approved in August, 2010, require that these types
of towers adhere to a minimum setback of 100 percent of the height of the tower from all
property lines. Responding to Mr. Barker, Mr. Parko clarified the applicant is required to obtain
2010-2323
PL2082
HEARING CERTIFICATION - ROBERT AND GLADYS SUDEN, C/O NE COLORADO
CELLULAR, INC., DBA VIAERO WIRELESS (USR-1749)
PAGE 3
a Subdivision Exemption, as a Condition of Approval. Mr. Barker clarified the USR boundary is
intended to correlate to the Subdivision Exemption boundary, and there is no lease since a
permanent easement was granted by the property owner for this proposed tower. He indicated
there is an adequate setback from the adjacent road; however, there is not an adequate setback
to the surrounding property on the south and west, since it is only a distance of 35 feet, and the
placement of the tower violates the Code provision. He stated the applicant's Attorney will
obtain an easement, granted by the adjacent property owner, which will basically consent to
allowing the tower to fall onto his property in an emergency situation. He further stated the
approval of this type of easement will satisfy the requirements of the Code. Mr. Jacobsen
indicated the company intends to obtain the additional necessary land, to meet the minimum
setback distances, or, obtain the easement described by Mr. Barker. He confirmed the adjacent
landowner has already indicated he is willing to grant an additional easement. In response to
Chair Rademacher, Mr. Barker clarified the Resolution will need additional language that
indicates an additional easement must be obtained from the adjacent property owner for the
purpose of meeting the setback requirement.
In response to Commissioner Kirkmeyer, Mr. Parko reiterated the tower facility will be placed
upon the division of a parcel, which does not create a new residential permanent building,
therefore, a subdivision exemption is required. He reviewed the specific Code reference for the
record, indicating a temporary use of a parcel for a public utility facility requires a subdivision
exemption. Mr. Barker clarified the property on which the tower will be installed is a subdivision,
and this property will not become a separate lot. Mr. Barker confirmed and clarified the
subdivision exemption will allow the property to comply with the subdivision ordinance within the
Code. In response to Commissioner Kirkmeyer, Mr. Barker clarified the additional easement
granted by the adjacent property owner will waive the setback requirement and the applicant will
comply with the Code provisions even though the placement of the tower is only 35 feet from
the property line.
Commissioner Kirkmeyer indicated it appears there are actually two accesses on County
Road 52, and she questioned whether there are two entryways to the property. Upon review of
a photograph, staff was not able to come to a clear conclusion. Commissioner Kirkmeyer
clarified she understands it does not make sense for staff to require the applicant to move the
access since a truck will only visit the site once per month; however, if the oil and gas access is
ever required to be moved or modified, it should be known that the applicant's access will be
required to move with that access. She clarified she is not sure which company is utilizing the
oil and gas access, since an access permit was not granted; however, the Resolution needs to
indicate the applicant will be required to move the access, if required, for oil and gas operations.
Ms. Hansen suggested the addition of a new Development Standard which will indicate the USR
permit must comply with any new access created by oil and gas operations.
Mr. Barker suggested the addition of Condition of Approval #1.B.5 to state, "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." The Board concurred
with the language, as requested by Mr. Barker. Ms. Hansen requested the modification of
2010-2323
PL2082
HEARING CERTIFICATION - ROBERT AND GLADYS SUDEN, C/O NE COLORADO
CELLULAR, INC., DBA VIAERO WIRELESS (USR-1749)
PAGE 4
Development Standard #17 to state, "The applicant shall utilize the existing access. Should the
access be moved in the future, the applicant shall utilize the new access." The Board concurred
with the modification, as proposed by Ms. Hansen.
In response to Chair Rademacher, Mr. Jacobsen indicated he has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request 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 Non-1041 Major Facility of a Public Utility (195-foot
wireless communication tower and 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. Her
motion included the addition of Condition of Approval #1.6.5 to state, "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"; and the modification of
Development Standard #17 to state, "The applicant shall utilize the existing access. Should the
access be moved in the future, the applicant shall utilize the new access." The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 11th day of October, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO EL ATTEST: / �� � i CUSED DATE OF APPROVAL
las Rademacher, C •
:r ::;0t:: tJik
Cou Dep Clere Board
Sean P n a
Wi • F. Gar
David E. Long
2010-2323
PL2082
--\
,..
( . .
u, I
| ci
a N:t:
|
2 \
o
O Cure In
o R
w . - - \
ce o § Cu
"
o ILI w § \
q § k \ \ \
o 0 0 6
2 u. . z 2 ! %
I- � k O.E § k
« < S ■ z \
20 2 0
I \ ) CO 2 § \ « !kk (
2 � � E u§a /
k 2 M_ \ ` (
o t .O { §« | «
!
§ \ Ei 0. { a\ ;
o k2 � \
„ a « ca !
2 07 \ / |\ /
k Ud 0 m } 1\ \} Li C (
CD uj e . � ' &! ]
. 00 < < { ! ) } ®
. a : u
w 00 z 1n
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1749 - ROBERT AND GLADYS SUDEN, 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 9/07/2010)
D. Planning Staff Certification and Photo of sign posting
Memorandum re: Addition of Condition of Approval
E. Planning Staff #1.B.5, dated 10/04/2010
F. County Attorney Memo re: Revised Condition of Approval #1.B.5
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
Hello