HomeMy WebLinkAbout20102311.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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-1749
APPLICANT: Robert& Gladys Suden, do NE Colorado Cellular, Inc. dba Viaero Wireless
PLANNER: Chris Gathman
REQUEST: 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.
LEGAL DESCRIPTION: Lot B RE-1607; located in Part NE4 of Section 34,T5N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 52; West of and adjacent to CR 57.
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 surrounding area is rural and agricultural in
character. The nearest residence is located approximately 950 to the southeast of the
site. Other residences are located approximately% 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 23-2-220.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 located within the 3-mile referral area of the Town of
Kersey. The Town of Kersey, in their electronic mail referral dated 6/25/2010, indicated no
conflicts with their interests.
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) Htr
2010-2311 1 LJ
Resolution USR-1749
Robert& Gladys Suden, Go NE Colorado Cellular, Inc. dba Viaero Wireless
Page 2
• 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"irrigated non-prime" 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 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-1749. (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 Roads 52 and 57 are classified as local gravel road and require 60 feet of
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)
4. Remove the easement certificate. (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. 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)
Resolution USR-1749
Robert 8 Gladys Suden, do NE Colorado Cellular, Inc. dba 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 Platte Valley Fire 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 Erich Ehrlich.
• 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 September 7, 2010.
Dated the 7'"of September, 2010.
• Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Viaero Wireless
USR-1749
1. A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication
Antenna Tower (195-foot self support 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 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.
(Department of Public Health and Environment)
11. 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)
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. 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)
13. 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)
14. All building plans shall be submitted to the Platte Valley Fire Prevention District for review and
approval prior to issue of building permits. (Department of Building Inspection)
Resolution USR-1749
Robert&Gladys Suden, do NE Colorado Cellular, Inc. dba Viaero Wireless
Page 5
• 15. 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)
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 12 inches until the area is completely developed. (Department of
Public Works)
17. The applicant shall utilize the existing access. (Department of Public Works)
18. 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)
19. The access drive shall be a minimum width of 20 feet to meet emergency equipment(fire department)
requirements. (Department of Public Works)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, 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 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)
23. Collocation of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
24. 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.
25. 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)
26. 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.
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.
1?-7- /0
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, September 7, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton - Chair
Mark Lawley -Vice Chair •
Nick Berryman r
Erich Ehrlich CLO
Robert Grand 1 s ,
Bill Hall - -
Roy Spitzer 7-1Alexander Zauder 'C
Jason Maxey r�
ca
Also Present: Chris Gathman, Michelle Martin, and Kim Ogle, Department of Planning Services; Don Carroll,
Heidi Hansen, and Janet Carter, Department of Public Works; Lauren Light and Mary Evett, Department of
Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the August 3, 2010 Weld County Planning Commission minutes, seconded
by Nick Berryman. Motion carried.
The Chair announced that there is a change in the agenda. Kim Ogle, Planning Services, commented that
staff has received a letter from the applicant's consultant for USR-1746 requesting a continuance until the
October 5, 2010 Planning Commission. Staff is in support of this request given the circumstances.
A
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
this application until October 5, 2010. No one wished to speak.
Roy Spitzer moved to continued Case USR-1746 to the October 5, 2010 Planning Commission meeting,
seconded by Erich Ehrlich.
The Chair read the following case into record.
CASE NUMBER: USR-1749
APPLICANT: Robert& Gladys Suden, do NE Colorado Cellular, Inc. dba Viaero Wireless
PLANNER: Chris Gathman
REQUEST: 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.
LEGAL DESCRIPTION: Lot B RE-1607; located in Part NE4 of Section 34, T5N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 52;West of and adjacent to CR 57.
Chris Gathman, Planning Services, commented that this application is for a 195 foot self-supported wireless
communication tower and related accessory buildings and structures in the Agricultural Zone District.
The surrounding area is rural and agricultural in nature. The nearest residences are located approximately
950 to 1000 feet southeast of this site. Other residences are located 1/2 mile to the south and west of the tower
site. Additionally, there are three (3) mobile homes that appear to be accessory to the farm that are
approximately 300 feet to the east of the tower site, across County Road 57. No phone calls or
correspondence from adjacent property owners or other parties have been received in regard to this case.
Eleven referrals were sent out for comment; eight referrals were received and either indicated no concerns or
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are addressed through the conditions of approval and/or development standards. No referral comments were
received from the Federal Aviation Administration, Federal Communication Commission and the Platte Valley
• Fire Protection District.
The site is located within the three mile referral for the Town of Kersey. The Town of Kersey indicated no
conflict with their interests.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Rick Baily, Viaero Wireless, Ft. Morgan CO, commented that they are trying to better enhance the
telecommunications in rural Weld County.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Gathman stated that Development Standard 14 needs to be amended to read"All building plans shall be
submitted to the Platte Valley Fire Protection District for review and approval prior to issue of building permits".
Mark Lawley moved to amend Development Standard 14 as requested, seconded by Robert Grand. Motion
carried.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1749 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Erich Ehrlich.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall, absent;AlexanderZauder,yes;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: AmUSR-1218
APPLICANT: Gail &Charles Schnuerle
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for one (1) Single Family Dwelling Unit(manager/caretaker's residence) per lot
other than those permitted under Section 23-3-20.A of the Weld County Code
and an ongoing Home Business(storage units and RV parking) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-1401; Part E2NE4 of Section 12, T5N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to 95'h Avenue; south of Business Route State Hwy 34
(Tenth Street).
Kim Ogle, Planning Services, stated that this application was originally approved on May 12, 1999 for a 180
unit indoor storage facility. This amendment seeks to add outdoor vehicle storage and to convert one
outbuilding into a caretaker's residence and office.
The site is located within the three mile referral area for the Towns of Evans, Milliken,Windsor and the City of
Greeley. The City of Greeley responded indicating concerns of compliance with water delivery. This has been
addressed through Condition of Approval 1.E. The Towns of Evans, Milliken, and Windsor did not return a
referral.
• There are four parcels within 500 feet of the property and one residence in close proximity to the northeast.
There have been no comments received from surrounding property owners.
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