HomeMy WebLinkAbout20073109.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1619 FOR ONE (1) OR MORE MICROWAVE, RADIO, TELEVISION, OR
THER COMMUNICATION TRANSMISSION OR RELAY TOWER(S) OVER
S ENTY(70)FEET IN HEIGHT, PER LOT,INCLUDING A TRANSMISSION BUILDING,
IN E A (AGRICULTURAL) ZONE DISTRICT - ANDREA, WILLIAM, AND EDUARDO
NEIDI
WHEREAS, he Board of C ty Commissio ers of Weld County, Colorado, pursuant to
Colorado statute an. the Weld ou Home Rul Charter, is vested with the authority of
administering the affair of Weld ounty, orado nd
WHEREAS, the Bo=rd o -o Commissioners held a public hearing on the 24th day of
October, 2007, at the hour o 11 :00 a. i the Chambers of the Board for the purpose of hearing
the application of Andrea,Willi ,and Eduardo Neidig, P.O. Box 1022, Lafayette,Colorado 80026,
for a Site Specific Development " : and Us- by Special Review Permit#1619 for one(1)or more
microwave, radio, television, or ther •.m• unication transmission or relay tower(s) over
seventy (70) feet in height, per lot, i ludin a t =nsmission building, in the A (Agricultural) Zone
District on the following described rea -stat , being more particularly described as follows:
N1/2 SE1/4 of S- ,ion 17, wnship 10 North,
Range 66 West of he 6th .M., Weld County,
Colorado
WHEREAS, said applicant was represent=. •y .erto Loya, 1331 8th Avenue, Greeley,
Colorado 80631, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld Cou Co•e ides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners hear all of the testimony and statements
of those present, studied the request of the applicant and there •m ' - tion of the Weld County
Planning Commission and all of the exhibits and evidence press ed in t • matter - • having
been fully informed, finds that this request shall be approved for the followi . -.sons:
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 -pplicant has shown
compliance with Section 23-2-230.B of the Weld County Code -s follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with hapter 22 and
any other applicable Code provisions or ordinanc: in effect.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricu ral land to
nonurban residential,commercial,and industrial uses will beacc• modated
when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." The
surrounding property to the north, south, east, and west is primarily vacant
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agricultural land,with one residence approximately eight-hundred(800)feet
to the south. The subject area is agricultural and can support such
velopment.
b. Sec ' n 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Ag . ultural)Zone District. Section 23-2-40.K of the Weld County Code
provide for one (1) or more microwave, radio, or other communication
transmiss n or relay tower over seventy(70)feet in height, per lot,as a Use
by Special eview in the A (Agricultural) Zone District. The property is
currently in vi ation (VI-0700104) of the Weld County Code for having an
unpermitted m ile home located on the site, as noted in the referral
received June 2 , 2007, from the Weld County Department of Planning
Services, Zoning C pliance Officer. The Use by Special Review Permit,
through the Conditio of Approval, will address the violation concerns and
ensure the intent of the (Agricultural) Zone District is adhered to.
c. Section 23-2-230.B.3--Th uses which will be permitted will be compatible
with the existing surroundin and uses. Vacant agricultural land is located
to the north, south, east,and st;there is one home located approximately
eight-hundred (800) feet to th south. One letter was received from a
surrounding property owner, dat d July 17, 2007, which indicated safety
concerns with the derelict mobile h e located on the property. This issue
will be addressed through the Condit ns of Approval of this Use by Special
Review Permit. The proposed towers 'II be located approximately 400 feet
from the northern property line. A lette dated July 27, 2007, from World
Tower Company, Inc., states that in the nlikely event of a collapse, the
towers would fall no farther than one-hundr and ninety(190)feet from the
tower location (likely extending no more t n 48 percent of the tower
height). The required offset to property boun cries is 100 percent of the
tower height,therefore,the offset from surround g property boundaries will
be approximately four-hundred (400)feet and will nsure the health, safety,
and welfare of surrounding property owners in an stance of collapse.
d. Section 23-2-230.B.4--The uses which will be permit d will be compatible
with future development of the surrounding area, a permitted by the
existing zoning,and with the future development as proje ted by Chapter 22
of the Weld County Code and any other applicable co a provisions or
ordinances in effect, or the adopted Master Plans of affecte municipalities.
The site is not located within an Intergovernmental Agreem nt area. The
site is located within the three-mile referral area for the T n of Nunn;
however, no referrals have been received from the Town of N n.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay istricts.
Effective January 1, 2003, building permits issued on the propose lots will
be required to adhere to the fee structure of the County-Wide Road pact
Fee Program . Effective August 1, 2005, building permits issued the
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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. ction 23-2-230.B.6 --The applicant has demonstrated a diligent effort to
co erve prime agricultural land in the locational decision for the proposed
use. he site is located in the area designated as "other," according to the
United ates Department of Agriculture(U.S.D.A.)Soil Conservation Map,
dated 19 , and surrounded by vacant agricultural land.
g. Section 23-2- 0.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), eration Standards(Section 23-2-250,Weld County Code),
Conditions of App val, and Development Standards ensure that there are
adequate provisions or the protection of the health, safety, and welfare of
the inhabitants of the ighborhood and County.
h. Section 23-4-810.D -- An nna towers. New Commercial Tower facilities
must use the most-prefe ed facility type, where economically and
technically feasible. A lesse referred facility type is allowed only if the
applicant presents substantial a idence to show it will have a lesser visual
impact than the use of more pre rred facilities, and that the applicant's
desired geographic area cannot be rved by using more-preferred facilities.
The applicant has proposed the ne tower due to the fact that existing
towers are located more than three (3 miles from the proposed site; the
applicant has provided information stati that concealed towers at this
height are not economically feasible and t only reasonable option would
be to construct new tower facilities.
Section 23-4-820.B.3--Antenna Towers are per fitted as a Use by Special
Review in the following Zone Districts: C (Co mercial), I (Industrial),
A (Agricultural), and PUD (Planned Unit Develop nt), with Commercial
and Industrial uses. The proposed antenna to r is located in the
A (Agricultural) Zone District.
j. Section 23-4-820.E -- The applicant has submitted do mentation that
addresses all items in Section 23-4-820.E of the Weld Cou ty Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissio rs of Weld
County, Colorado, that the application of Andrea, William, and Eduardo Neidig for a Si Specific
Development Plan and Use by Special Review Permit#1619 for one(1)or more microwa e, radio,
television, or other communication transmission or relay tower(s)over seventy(70)feet in eight,
per lot, including a transmission building, in the A(Agricultural)Zone District, on the parcel 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-1619.
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SPECIAL REVIEW PERMIT #1619 - ANDREA, WILLIAM, AND EDUARDO NEIDIG
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B. The applicant shall either submit, to the Weld County Department of
Planning Services, a copy of an agreement with the property's mineral
owners stipulating that the oil and gas activities have adequately been
incorporated into the design of the site, or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners.
C. T applicant shall verify with the local emergency responder that the
exis i g accesses and road to the facility meet the minimum requirement.
Writte evidence of such shall be submitted to the Department of Planning
Service .
D. The applica shall obtain a building permit and pay the necessary fees to
the Departme of Building Inspection for the mobile home currently located
on the lot, or re ove the mobile home if it cannot be permitted. Written
evidence of appro I, or removal, shall be provided to the Department of
Planning Services.
E. The applicant shall sub t an Improvements Agreement for removal of the
towers. The agreement all be made in conformance with the County
policy on collateral for impr ements, and shall be approved by the Board
of County Commissioners.
F. The applicant shall submit docum ntation of approval for three (3) towers,
each with a height of 395 feet, fro the Federal Aviation Administration
(FAA). Written evidence shall be sub fitted to the Department of Planning
Services.
G. The plat shall be amended to delineate th following:
1) The attached Development Standards.
2) The applicant shall contact the Co rado Department of
Transportation (CDOT) for the associ ted right-of-way for
U.S. Highway 85. The right-of-way shall be lineated on the plat.
These roads are maintained by CDOT.
3) The applicant shall address the issue of on-site li hting, including
security lighting, if applicable. If safety lighting is re wired, the use
of red beacons is preferred to flashing strobe lights. f requested,
security lighting on the site shall be mounted no more an twenty
(20) feet high, and must be directed toward the group o reduce
light pollution, prevent off-site light spillage, and avoid ill inating
the tower.
H. The applicant shall submit two (2) paper copies of the plat for prelim ary
approval to the Weld County Department of Planning Services.
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2. pon completion of Condition of Approval #1 above, the applicant shall submit a
lar plat, along with all other documentation required as Conditions of Approval.
Th Mylar plat shall be recorded in the office of the Weld County Clerk and
Reco er by the Department of Planning Services. The plat shall be prepared in
accord ce with the requirements of Section 23-2-260.D of the Weld County Code.
The Myla lat and additional requirements shall be submitted within thirty(30)days
from the da of the Board of County Commissioners Resolution. The applicant
shall be respo ible for paying the recording fee.
3. The Department o lanning Services respectfully requests the surveyor provide a
digital copy of this Us y Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation), cceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo E ort files format type is .e00. The preferred format for
Images is .tif (Group 4). (Gr p 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
4. Prior to operation:
A. A Stormwater Discharge Per 't may be required for a development/
redevelopment/construction site ere a contiguous or noncontiguous land
disturbance is greater than, or equa o, one(1)acre in area. The applicant
shall inquire with the Water Qualit Control Division (WQCD) of the
Colorado Department of Public ealth and Environment at
www.cdphe.state.co.us/wq/PermitsUnit i hey are required to obtain a
Stormwater Discharge Permit. Alternate the applicant can provide
evidence from the WQCD that they are not su 'ect to these requirements.
5. The Use by Special Review activity shall not occur, n shall any building or
electrical permits be issued on the property, until the Use by pecial Review plat is
ready to be recorded in the office of the Weld County Clerk a d Recorder.
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The a.. e and fo -g.'-. Resolution was, on .tion duly made and seconded, adopted by
the folio ' . vote on the th day o : =- - •.:., 2007.
BOARD OF COUNTY COMMISSIONERS
ALELD COUNTY, COLORADO
ATTEST: !� . IJ � i. •: - Its/i� \\( O
David E. Long, Chair
Weld County Clerk t.�
• i�,,I Y:.. `, — 1 �T ``il/ate{
�,�..�p, � William H. J Pro-Tem
BY: Caw e -f.�
Deputy Clerk to the Boar. - P•
Ilia . Garcia
APPROVED AS TO FORM:
Robert D. Masden
Vii-a,ounty ttorney v,�Q ., 4 ,i-
�ouglas�Rademach r
/*Ace7
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDREA, WILLIAM, AND EDUARDO NEIDIG
USR#1619
1. A Si Specific Development Plan and Use by Special Review Permit#1619 is for one (1)
or mo microwave,radio,television,or other communication transmission or relay tower(s)
over se enty (70) feet in height, per lot, including a transmission building, in the
A (Agricu ral) Zone District.
2. Approval of thi Ian may create a vested property right pursuant to Section 23-8-10 of the
Weld County Co .
3. All liquid and solid was s, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C. S., shall be stored and removed for final disposal in a manner
that protects against surfac and groundwater contamination.
4. No permanent disposal of was s shall be permitted at this site. This is not meant to
include those wastes specifically a cluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities ct, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored, nd disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing ebris,and other potential nuisance conditions.
6. Fugitive dust and fugitive particulate emission shall be controlled on this site.
7. The facility shall adhere to the maximum permissi a noise levels allowed in Commercial
Zone District, as delineated in Section 25-12-103, . .S.
8. Adequate hand washing and toilet facilities shall be prov ed for employees of the facility.
9. Adequate portable toilet facilities shall be provided during c struction of the facility.
10. Bottled water shall be utilized for drinking and hand washing ring construction of the
project.
11. If applicable, the applicant shall obtain a Stormwater Discharge Perm from the Colorado
Department of Public Health and Environment, Water Quality Control 'vision.
12. The operation shall comply with all applicable rules and regulations of st a and federal
agencies and the Weld County Code.
13. Effective January 1, 2003, building permits issued on the proposed lots will be r quired to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
14. 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.
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DEVELOPMENT STANDARDS - ANDREA, WILLIAM, AND EDUARDO NEIDIG (USR#1619)
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15. building permit shall be obtained prior to the construction of any tower or transmission
bui ing.
16. A plan view is required for each building for which a building permit is required. Plans
shall incl de a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. wo complete sets of plans are required when applying for each permit. The
applicant s II include a Code Analysis Data sheet provided by the Weld County
Department o Building Inspection with each building permit application. Building plans
shall also be su itted to Nunn Fire Protection District.
17. Buildings shall conf to the requirements of the various Codes adopted at the time of
permit application. rrently, the following have been adopted by Weld County:
2006 International Buildi Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2005 Nati al Electrical Code, and Chapter 29 of the Weld County Code.
18. The building shall be classified s U (Utility Occupancy). Occupancy Plans shall include
detailed drawings showing the a 'sting layout and how accessibility will be maintained
throughout the facility. Fire resists a of walls and openings, construction requirements,
maximum building height, and allo ble areas will be reviewed at the plan review.
Distances between buildings are not sh wn on the referral drawings. Setback and offset
distances shall be determined by Chapte 23 of the Weld County Code.
19. Building heights shall be measured in accords ce with the 2006 International Building Code
for the purpose of determining the maximum b 'Ming size and height for various uses and
construction types and to determine complia a with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building h • ht shall be measured in accordance
with Chapter 23 of the Weld County Code in order to etermine compliance with offset and
setback requirements. When measuring buildings o determine offset and setback
requirements, buildings are measured to the farthest prof ction from the building. Property
lines shall be clearly identified and all property pins shat a staked prior to the first site
inspection. All building plans shall be submitted to the Fire istrict having jurisdiction, for
review and approval, prior to issuance of building permits.
20. The historical flow patterns and runoff amounts will be maintai d on the site in such a
manner that it will reasonably preserve the natural character o he area and prevent
property damage of the type generally attributed to runoff rate a d velocity increase,
diversions, concentration, and/or unplanned ponding of storm runoff.
21. The property owner or operator shall be responsible for complying .th 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. The use shall maintain compliance with the Federal Aviation Administration(FAA), in luding
tower marking and lighting.
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24. Th tower owner must not exclude other providers from co-locating on the same tower
when o-location is structurally, technically, or otherwise feasible.
25. The Boa of County Commissioners may revoke a tower building permit or other
administra • e approvals if the Development Standards of an antenna tower include
co-location b t:
a. The towe wner is not willing to provide space for other carriers at a fair market
rate when would not impair the structural integrity of the tower or cause
interference.
b. The tower owner difies the structure in a way to make co-location impractical or
impossible.
c. The tower owner does n adhere to any and/or all Development Standards.
d. If approval of a building perm or other administrative permit is revoked, the facility
must be removed at the owner expense.
26. The Department of Planning Services may hare information with other interested parties
seeking to locate tower facilities in the Cou ty in an effort to promote co-location and
co-development of facilities.
27. Weld County Government personnel shall be gra ed access onto the property at any
reasonable time in order to ensure the activities carrie out on the property comply with the
Development Standards stated herein and all applicab Weld County regulations.
28. The Use by Special Review area shall be limited to the plan shown hereon and governed
by the foregoing standards and all applicable Weld Coun regulations. Substantial
changes from the plans or Development Standards, as shown r stated, shall require the
approval of an amendment of the Permit by the Weld C my Board of County
Commissioners before such changes from the plans or Devel ment Standards are
permitted. Any other changes shall be filed in the office of the De rtment of Planning
Services.
29. The property owner or operator shall be responsible for complying with all f the foregoing
Development Standards. Noncompliance with any of the foregoing Developm ntStandards
may be reason for revocation of the Permit by the Board of County Commis ' ners.
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