HomeMy WebLinkAbout20101835.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Nick Berryman, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1750
APPLICANT: Bob White do Viaero Wireless
PLANNER: Chris Gathman
REQUEST: 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.
LEGAL DESCRIPTION: 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.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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 Fermi n s of
Weld County Map.
2010-1835 1
Resolution USR-1750
Bob White do Viaero Wireless
Page 2
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 Planning Commission 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)
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 mapsacomeld.co.us. (Department of Planning Services)
•
Resolution USR-1750
Bob White do Viaero Wireless
Page 3
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)
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)
Motion seconded by Bill Hall.
VOTE:
• For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 3, 2010.
Dated the 3rd of August,�2�0�10.
l)kA/'f i/to s�
• Kristine Ranslem
Secretary
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)
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)
Resolution USR-1750
Bob White do Viaero Wireless
Page 5
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 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.
/31O
• The Chair read the following case into record.
CASE NUMBER: USR-1750
APPLICANT: Bob White do Viaero Wireless
PLANNER: Chris Gathman
REQUEST: 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.
LEGAL DESCRIPTION: Section 35,TBN, 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.
Robert Grand noted that Viaero Wireless advertises in one of his newspapers; however he does not
believe that it will adversely affect his ability to make an objective judgment.
Chris Gathman, Planning Services, noted that the Weld County Code has just been amended; therefore
telecommunication antenna towers are no longer considered a major facility of a public utility. They are
now reviewed under the standard USR process and will require a hearing not only before the Planning
Commission but also before the Board of County Commissioners for this case.
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 this tower
site.
Nine referrals were sent out; six referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval. No referral responses were
received from West Greeley Soil Conservation District, Galeton Fire, and the Colorado Division of Wildlife.
This site is not located within a three-mile referral area of any municipality.
•
The Department of Planning Services recommends approval of this application along with the attached
development standards and conditions of approval.
Lauren Light, Environmental Health, commented that there are no employees so no water or sewer is
required.
Don Carroll, Public Works, stated that the access if off of County Road 86 which is a local gravel road.
They will be utilizing the existing access to the site and are required to submit an Access Permit to Public
Works. The site is not located in a floodplain.
Bob Hirsekorn, Viaero Wireless, 1224 W. Platte Ave, Ft. Morgan, CO, stated that this tower will give them
the coverage needed for this area in Weld County.
Commissioner Berryman clarified if they are providing coverage in rural areas that don't really have it at
this point in time. Mr. Hirsekorn said that was correct.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Nick Berryman moved that Case USR-1750 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
mown*
A' -fl
• Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1738
APPLICANT: Jamin& Beth Mayer
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (Parker Tree Service-and organic vegetative recycle of mulch
and wood) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B SE-755; being part of the SW4 of Section 19,T3N, R68W of the 6th
P.M.,Weld County, Colorado.
LOCATION: East of CR 1 and approximately 1/2 mile north of State Hwy 66.
Kim Ogle, Planning Services, commented that the signs for the Planning Commission and the Board of
County Commissioners were posted July 15, 2010 by planning staff.
The property is not located within an Intergovernmental Agreement area but does lie within the three mile
referral area for the City of Longmont and the Towns of Firestone and Mead. The City of Longmont in their
referral dated March 1,2010 indicated no conflicts with their interests. The Towns of Firestone and Mead did
not return a referral.
Access is from County Road 1, which is a paved collector status road maintained by Weld County.
Currently the property is in violation (ZCV09-00295)for the operation of a tree trimming business without an
approved and recorded use by special review permit. If the permit is approved the violation will be closed.
• The business is located at a residence on a Subdivision Exemption parcel. Adjacent parcels to the property to
the north, south and east are in Weld County and are predominately small to medium acreages with single-
family residences with outbuildings. To the north is a residential development and to the west is Boulder
County with a similar developed pattern.
Fourteen referral agencies reviewed the case;five referral agencies offered comments that were incorporated
into the conditions of approval and development standards. Aside from the letter of support, no letters or
phone calls were taken concerning this case.
The Department of Planning Services recommends approval of the case with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, commented that water is provided by Longs Peak Water District. The
septic for the home is sized for six(6)people;therefore if they exceed six(6)people per day then they need to
have that system evaluated. The applicant has indicated that the mulch piles will not exceed four(4)feet in
height.
Don Carroll, Public Works, stated that County Road 1 is a collector roadway and the traffic count is over 3,000
vehicles so it is a very busy road. The applicant is proposing to have a circle drive with two accesses to the
road. Since this is a collector status road they will be allowed one(1)access to use. If they need to improve it
they will be able to do so up to 40 feet to accommodate their vehicles; however no circle drives or additional
accesses will be allowed. The site is not located in a floodplain.
Jamin Mayer, Parker Tree Service, commented that he has a home based tree service business. He added
that he has some free mulch and firewood available on the property. The circle driveway was a proposal;
therefore he is considering widening the entrance to about 40 feet to accommodate the vehicles. He asked
what type of screening is necessary.
• Mr. Ogle commented that there is a condition of approval which requires outdoor storage of materials,
equipment, and vehicles to be screened from adjacent properties and rights-of-ways. The typical height for a
15
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