HomeMy WebLinkAbout20063030.tiff RESOLUTION
RE: PROVE SIT IFIC DEVELO ENT PLAN AND AMENDED USE BY SPECIAL
R I RMIT # FOR COMM NICATION TRANSMISSION TOWERS (TWO
GU BROADCAS TO APP XIMATELY1,459 FEET,AN INCREASEFROM
THE EVIOUSLY APPROVE HEIGHT OF 1,180 FEET, WITH SUPPORT
BUILDIN S) IN T E A (AGRICULTURAL) ZONE DISTRICT - LONGMONT
BROADCA TIN LC
WHEREAS,the B r of Coun y Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the cc
Coun Home Rule Charter, is vested with the authority of
administering the affairs of I Coun rado, and
WHEREAS,the Board of unty C mmissioners held a public hearing on the 15th day of
November, 2006,at the hour of 10: .m. i the Chambers of the Board for the purpose of hearing
the application of Longmont Broadca , LLC P.O. Box 753,Wheat Ridge,Colorado 80034,for
a Site Specific Development Plan an ended se by Special Review Permit #1508 for
Communication Transmission Towers( guyed br adcast towers approximately 1,459 feet, an
increase from the previously approved ight of 1,180 feet,_with support buildings) in the
A (Agricultural) Zone District on the folio g described rear-estate, being more particularly
described as follows:
Lot B of Recorded Exempti #3507; bei g part of the
N1/2 of Section 33, Towns p Range 67
West of the 6th P.M., Weld C unty, Colora
WHEREAS,said applicant was represented b it oble, The Bell 5 Land Company,
710 11th Avenue, Suite 107, Greeley, Colorado 80631, said hearing, and
WHEREAS,Section 23-2-230 of the Weld County C e provi standards review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all estimony and statements
of those present, studied the request of the applicant and the recom endation of the Weld County
Planning Commission and all of the exhibits and evidence presented i this matter and, having been
fully informed, finds that this request shall be approved for the folio •ng reasons:
1. The submitted materials are in compliance with the app 'cationrequirements 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 23-2-230.6 of the Weld County Cod as follows:
a. Section 23-2-230.6.1 --The proposed use is consistentwith Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is in an area that can support such development. Such
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AMENDED SPECIAL REVIEW PERMIT#1508 - LONGMONT BROADCASTING, LLC
PAGE 2
development shall attempt to be compatible with the region." There is an
existing tower over 1,000 feet in height on the adjacent property to the south,
approved under Use by Special Review#776 (USR-776) by the Board of
County Commissioners on July 8, 1987. The applicant is proposing to
increase the height of two communication transmission towers from 1,180
feet to 1,459 feet in height. These towers were originally approved by the
Board of County Commissioners under Use by Special Review Permit
#1508 (USR-1508) on August 3, 2006.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-2-40.K of the Weld County Code
provides for one (1) or more microwave, radio, or other communication
transmission or relay tower(s)over seventy(70)feet in height, per lot, as a
Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. There are five (5) single-family
residences approximately 1,170 feet north at the closest point and northeast
from the proposed tower site. Water tanks for the Town of Frederick, along
with a single family residence are located to the west across Weld County
Road 17. An existing tower site is located to the south (USR-776).
Agricultural land is located to the east. An existing Public Service power line
is located approximately 1,000 feet north of the communication tower site at
its closest point. A letter from Xcel Energy,dated October 11, 2006, stated
no conflict with the proposed tower, provided it does not fall into the
Xcel/Public Service Company's overhead lines. The letter also stated that
the owner would be expected to pay for all damages to the transmission line
in the event of a collapse. A separate referral sheet from Xcel Energy was
also received, which stated no conflict with its interests.
1) A letter dated March 30,2005,from ERI Installations, Inc.,stated that
in the unlikely event of a collapse, the towers would fold and the fall
zone would likely extend no farther than 25 to 50 percent of the tower
height. The existing residences and power lines are located outside
of this area. However,the letter also states any distance beyond this
would be quite unusual and the outer limits of the unusual collapse
condition would extend to 70 percent of the height of the tower
(1,021 feet). Ernest Jones, of ERI Installations, Inc., provided an
updated letter, dated October 12, 2006, stating that in the unlikely
event of a collapse,the majority of the steel in the tower mast would
fall within a radius of 450 feet around the tower base,with some light
scattered debris extending to an area of up to 700 feet from the tower
base. Any significant debris beyond this would be quite unusual and
unexpected. The existing residences and power lines are located
outside of this area. The western tower has been built,and a portion
of the eastern tower potential debris zone would fall within the
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AMENDED SPECIAL REVIEW PERMIT#1508 - LONGMONT BROADCASTING, LLC
PAGE 3
existing property to the east (currently vacant) and the existing
property to the northeast (currently has a residence). There is an
attached Development Standard indicating that an easement
agreement covering the potential zone of collapse (70 percent fall
radius)shall be signed and recorded prior to the release of building
permits.
d. Section 23-2-230.B.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 an Intergovernmental Agreement area. The Frederick,
Firestone,and Dacono Intergovernmental Agreement boundary is to the west
of the site, across Weld County Road 17. The Town of Frederick, in its
referral received August 15,2006, indicated no conflicts with its interests. No
referrals have been received from the City of Dacono or Town of Firestone.
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 Storm Water/Drainage Impact Fee.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the site is "Prime if Irrigated," with a portion being
"Prime" according to the U.S. Department of Agriculture (U.S.D.A.) Soil
Conservation Map, dated 1979. The majority of the improvements will be
located on the"Prime if irrigated"portion of the site. The proposal will be to
increase the height of two communication towers. No additional
improvements on the ground are proposed.
g. Section 23-2-230.6.7 -- 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 the health,safety,and welfare of the
inhabitants of the neighborhood and County.
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NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Longmont Broadcasting, LLC, for a Site Specific
Development Plan and Amended Use by Special Review Permit #1508 for Communication
Transmission Towers(two guyed broadcast towers approximately 1,459 feet,an increase from the
previously approved height of 1,180 feet,with support buildings)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 AMUSR-1508.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Roads 16 and 17 are designated on the Weld County
Road Classification Plan as local gravel roads,which require 60 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Roads 16 and 17 shall be delineated as right-of-way on the plat.
These roads are maintained by Weld County.
3) Protected drill sites for existing wells, and the future ability to twin
those wells, per the Colorado Oil and Gas Conservation
Commission, shall be indicated on the plat, per the letter and
attached map, received November 14, 2006, from Terry D. Enright
of Kerr-McGee Oil and Gas OnShore, L.P.
C. The applicant shall provide written verification from the Federal Aviation
Administration (FAA)that the proposed increase in tower height under this
Amended Use by Special Review Permit has been approved.
D. The applicant shall submit two (2) 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 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 thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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3. The Department of Planning Services respectfully 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
maps@co.weld.co.us.
4. Prior to operation:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous on noncontiguous land
disturbance is greater than, or equal to, one(1)acre in area. The applicant
shall inquire with the Water Quality Control Division(WQCD)of the Colorado
Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant can provide
evidence from the WQCD that they are not subject to these requirements.
5. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of November, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
' \ WELD COU , COLORADO
ATTEST: o✓vi a, :e i t y , Dr
M. J. eile, Chair
Weld County Clerk to th'
W 4 EXCUSED
David E. Long, Pro-Tem
BY: itt
Dep Clerk . the Board ✓1,, • J/1,
Willi m . Jerk
APPR D TO FO • \\NA
Robe D. Mast/
my Atto ey
Glenn Vaad
I
Date of signature: �2'�
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LONGMONT BROADCASTING, LLC
AMUSR#1508
1. The Site Specific Development Plan and Amended Use by Special Review Permit#/1508 is
for two Communication Transmission Towers(two guyed broadcast towers approximately
1,459 feet, an increase from the previously approved height of 1,180 feet, with support
buildings)in the A(Agricultural)Zone District,as indicated in the application materials on file
and subject to the Development Standards stated hereon.
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 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 Commercial
Zone District as delineated in Section 25-12-103, C.R.S.
8. Adequate hand washing and toilet facilities shall be provided for employees of the facility.
9. Sewage disposal for the facility shall be by septic system(SP-0600045). Any septic system
located on the property must comply with all provisions of the Weld County Code,pertaining
to Individual Sewage Disposal Systems.
10. The facility shall utilize the existing public water supply.
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. 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
13. Each building will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
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DEVELOPMENT STANDARDS - LONGMONT BROADCASTING, LLC (AMUSR #1508)
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14. Building height,setbacks,and offset distance shall be determined by Chapter 23 of the Weld
County Code. Separation of buildings of mixed occupancy classifications shall be in
accordance with the 2003 International Building Code. Tower height shall be controlled by
the Federal Aviation Administration.
15. Building heights shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
construction types and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified.
16. A plan review is required for any building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit.
17. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous on noncontiguous land disturbance is
greater than,or equal to,one acre in area. The applicant shall inquire with the Water Quality
Control Division(WQCD)of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a Stormwater
Discharge Permit. Alternately,the applicant can provide evidence from the WQCD that they
are not subject to these requirements.
18. The historical flow patterns and runoff amounts will 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.
19. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
20. Areas for equipment and/or trash collection shall be stored inside of approved buildings,or
shall be appropriately screened.
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. The use shall maintain compliance with the Federal Aviation Administration, including tower
marking and lighting.
24. The use shall maintain compliance with the Federal Communication Commission.
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25. The tower owner must not exclude other providers from co-locating on the same tower
when co-location is structurally, technically, or otherwise feasible.
26. The Board of County Commissioners may revoke a tower building permit or other
administrative approvals if conditions for approval of an antenna tower include co-location
but:
A. The tower owner is not willing to provide space for other carriers at a fair market rate
when it would not impair the structural integrity of the tower or cause interference.
B. The tower owner modifies the structure in a way to make co-location impractical or
impossible.
C. If approval is revoked, the facility must be removed at the owner's expense.
27. Prior to the construction of the eastern tower, an easement will be obtained/granted and
recorded covering the Potential Zone of Collapse,as outlined in the letter dated March 30,
2005, from Ernest R. Jones of ERI Installation, Inc. (included in the USR-1508 application
materials). The Potential Zone of Collapse shall reflect the increase in height of the
broadcast tower from 1,180 feet(as approved under USR-1508)to 1,459 feet(as approved
under AMUSR-1508). Evidence of such shall be submitted prior to release of building
permits.
28. The Department of Planning Services may share information with other interested parties
seeking to locate tower facilities in the County in an effort to promote co-location and
co-development of facilities.
29. 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.
30. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
31. The Amended 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.
32. 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.
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