HomeMy WebLinkAbout20063031.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Roy Spitzer 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: AmUSR-1508
APPLICANT: Longmont Broadcasting LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3507; Pt N2 of Section 33, T2N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review
Permit 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.
LOCATION: East of and adjacent to CR 17; south of and adjacent to CR 16.
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 Department of Planning Services' staff 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 22-2-60.D (A.Goal 4)states:
"Conversion of agricultural land to non urban residential, commercial and industrial uses
will be accommodated when the subject site is in an area that can support such
development. Such 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 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 USR-1508 on August 3, 2006.
b. Section 23-2-220.A.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 over
seventy(70)feet in height per lot 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. There are 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 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. No
comments have been received from Public Service in regards to this proposal.
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
25-50% of the tower. 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% of the height of
the tower(1,021 feet). The western tower has been built and a portion of the eastern
tower potential debris zone would fall within the 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 cement agreement covering the
EXHIBIT
I2006-3031
m muse 15O
Resolution AmUSR-1508
Longmont Broadcasting LLC
Page 2
potential zone of collapse (70% fall radius) shall be signed and recorded prior to the
release of building permits.
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 an intergovernmental agreement
area. The Frederick, Firestone and Dacono intergovernmental agreement boundary is to
the west of the site (across County Road 17). The Town of Frederick, in their referral
received August 15, 2006, indicated no conflicts with their interests. No referrals have
been received from the Towns of Dacono and Firestone.
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 Storm
Water/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 majority of the
site is"Prime if Irrigated"with a portion being "prime according to the 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 23-2-220.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's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All pages of plat shall be labeled AMUSR-1508. (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 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 build out.
There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of
County Roads 16 and 17 shall be delineated right-of-way on the plat. These roads
are maintained by Weld County. (Department of Public Works)
C. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Resolution AmUSR-1508
Longmont Broadcasting LLC
Page 3
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. and 2. 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 thirty(30)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 maps(alco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. A storm water 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
storm water discharge permit. Alternately, the applicant can provide evidence from the
WQCD that they are not subject to these requirements. (Department of Public Health and
Environment)
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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Longmont Broadcasting, Inc.
AMUSR-1508
1. The Site Specific Development Plan and Special Use Permit is for two communication transmission
towers(two guyed broadcast towers approximately 1,180 feet in height 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. (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.) 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. (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 Commercial Zone District
as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. Adequate hand washing and toilet facilities shall be provided for employees of the facility.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
10. Adequate toilet facilities(port-a-potty)shall be provided during construction of the facility.(Department
of Public Health and Environment)
11. The facility shall utilize the existing public water supply. (Central Weld County Water District)
12. Bottled water shall be utilized for drinking and hand washing during construction of the project.
(Department of Public Health and Environment)
13. 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)
14. 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)
15. 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: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
16. 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. (Department of Building Inspection)
17. 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. (Department of Building Inspection)
18. 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. (Department of Building Inspection)
19. 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.
(Department of Building Inspection)
20. A storm water 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 storm water discharge permit. Alternately, the applicant can provide evidence
from the WQCD that they are not subject to these requirements. (Department of Public Health and
Environment)
21. 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)
22. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
23. Areas for equipment and/or trash collection shall be stored inside of approved buildings or shall be
appropriately screened. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. The use shall maintain compliance with the Federal Aviation Administration including tower marking
and lighting. (Department of Planning Services)
27. The use shall maintain compliance with the Federal Communication Commission. (Department of
Planning Services)
28. The tower owner must not exclude other providers from co-locating on the same tower when co-
location is structurally, technically or otherwise feasible. (Department of Planning Services)
�— 29. 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. (Department of
Planning Services)
30. 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.
31. 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. (Department of Planning Services)
32. 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.
33. 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)
34. 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.
35. 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.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 October 17,2006.
ted the 17th of October, 2006.
Donita May
Secretary
10- I r- z4,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 17, 2006
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24.5, Longmont,Colorado. The meeting was called to order by Vice Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer-Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Roy Spitzer
James Welch
Mark Lawley
Also Present: Kim Ogle, Jacqueline Hatch, Chris Gathman, Michelle Martin, Department of Planning; Don
Carroll, Jesse Hein, Department of Public Works; Char Davis, Environmental Health Department; Cyndy
Giauque, County Attorney; Voneen Macklin, Recording Secretary
The summary of the last regular meeting of the Weld County Planning Commission held on October 3, 2006,
was approved as read.
The following cases are on the Consent Agenda:
1. CASE NUMBER: AmUSR-1508
APPLICANT: Longmont Broadcasting LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3507; Pt N2 of Section 33, T2N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Amended Special Review
Permit 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.
LOCATION: East of and adjacent to CR 17; south of and adjacent to CR 16.
2. CASE NUMBER: USR-1572
APPLICANT: Suncor Energy
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of AmRE-2918; being part of the NW4 of Section 20, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas
Storage Facility in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 20; 1/4 mile east of SH 85.
3. CASE NUMBER: USR-1574
APPLICANT: New Hope Family Christian Church
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of RE-4300 being part of the N2 NW4 of Section 28, T2N,
R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a church, childcare center, and private school in the A t
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 18 and east of and adjacent to CR
17.
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4. CASE NUMBER: USR-1575
APPLICANT: Marilyn Taylor
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-4053 being part of the NW4 of Section 32, T2N,
R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a use similar to the uses listed as Use by Special Review as long
as the use complies with the general intent of the A(Agricultural)
Zone District(Assisted Living Residence) in the A(Agricultural)
Zone District.
LOCATION: South of and adjacent to CR 16 and approximately one mile west
of CR 41.
5. CASE NUMBER: USR-1576
APPLICANT: Scott Deemer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part SW4 SE4 of Section 32, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
any use permitted as a use by right, an accessory use, or use by
special review in the Commercial or Industrial Zone District
(Office and Storage of Landscape Materials) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to State Highway 52; approximately 0.5
mile west of CR 5.
Roy Spitzer moved to approve the Consent Agenda. Tom Holton seconded. Motion carried.
The following case will be heard:
6. CASE NUMBER: 2006-XX
APPLICANT: Newby Farms LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 of Section 33, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Petition for inclusion into the Mixed Use Development Area of
Unincorporated Weld County, Changes to Chapter 22
(Comprehensive Plan)and Chapter 26(Mixed Use Development
Plan Structural Land Use Map 2.1).
LOCATION: North of and adjacent to CR 26; east of and adjacent to CR 5.
Michelle Martin, Department of Planning Services, presented Case 2006-XX, Newby Farms LLC, reading
the recommendation and comments into the record. The Department of Planning Services recommended
approval of the application. The applicants have applied for a petition for inclusion into the Mixed Use
Development Area of Unincorporated Weld County. Changes to Chapter 22 (Comprehensive Plan)and
Chapter 26 (Mixed Use Development Plan Structural Land Use Map 2.1). The property is located North of
and adjacent to County Road 26 and east of and adjacent to County Road 5. There are two criteria for
review of this amendment to Chapters 22 and 26 Map#2.1: Structural Land Use Map. The property in
question is not located within the Mixed Use Development(MUD)area. Inclusion into MUD would allow
the applicants the opportunity to propose an urban scale development in an area that can obtain adequate
services. The proposed subdivision would include 600 single family residences utilizing St. Vrain
Sanitation and Longs Peak Water. The applicants have examined the goals and policies of the MUD and
have committed to provide 65 acres of open space. The applicants have discussed the need for
appropriate pedestrian circulation within the site and have committed to meet these needs. The
application states that the goal in creating this subdivision rests in the ability to create a mixture of
residential land uses with both passive and active recreational uses. The proposed site lies within
Longmont's Intergovernmental Agreement area. The City of Longmont at their September 12, 2006 City
Council meeting decided not to annex the property in question. To be consistent with Section 22-2-100 of
the Weld County Code, urban scale residential development must occur within either an IGA boundary or
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