HomeMy WebLinkAbout20052015.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1508 FOR COMMUNICATIONS TRANSMISSION TOWERS (TWO GUYED
BROADCAST TOWERS APPROXIMATELY 1,180 FEET IN HEIGHT WITH SUPPORT
BUILDINGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - LONGMONT
BROADCASTING, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 3rd day of
August,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Longmont Broadcasting, LLC,P.O. Box 753,Wheat Ridge,Colorado 80034,fora Site
Specific Development Plan and Use by Special Review Permit #1508 for Communications
Transmission Towers(two guyed broadcast towers approximately 1,180 feet in height with support
buildings) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the N1/2 of Section 33, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Kirk Goble,The Bell 5 Land Company, 710
11th Avenue, Suite #107, Greeley, Colorado 80631, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.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
nonurban 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 Use by Special Review Permit#776(USR-776)by the Board
of County Commissioners on July 8, 1987.
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SPECIAL REVIEW PERMIT #1508 - LONGMONT BROADCASTING, LLC
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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 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 1,000 feet north 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. The proposed eastern tower is located 350 feet from the eastern
property line. A letter dated March 30, 2005, from ERI Installations, Inc.,
stated that in the unlikely event of a collapse,the towers would fall no farther
than 825 feet from the tower location(likely extending no more than 25 to 50
percent of the tower height). The existing residences and powerlines are
located outside of this area; however, in this event the tower could possibly
encroach 475 feet into the boundaries of the adjacent parcel to the east
(Lot B of AMRE-2425). This parcel is currently vacant. The Department of
Planning Services is requiring an easement agreement with the property
owner to the west that outlines the potential zone of collapse for the
proposed eastern tower site as a Condition of Approval or provide evidence
that an adequate attempt has been made to address their concerns.
d. Section 23-2-230.6.4--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
Intergovernmental Agreement boundary for the Towns of Frederick,
Firestone and Dacono is to the west of the site (across Weld County
Road 17). The Town of Frederick, in its referral received April 26, 2005,
indicated that the height of the proposed towers is contrary to the Town of
Frederick's land use code and is requesting that the applicant place a
landscape buffer around the perimeter of the site. No referrals have been
received from the Towns of Dacono and Firestone.
e. Section 23-2-230.B.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
Program.
f. Section 23-2-230.B.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 designated as "Prime if Irrigated" with a
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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.
g. Section 23-2-230.B.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.
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 Use by Special Review Permit#1508 for Communications Transmission
Towers(two guyed broadcast towers approximately 1,180 feet in height 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 USR-1508.
B. The applicant shall attempt to address the requirements of the Town of
Frederick, as stated in their referral received April 26, 2005. Written
evidence of such shall be submitted to the Department of Planning Services.
C. The access width required for emergency equipment (fire department/
emergency response) is a minimum of 20 feet. The applicant shall verify
with the local emergency responder that the existing accesses and road to
the facility meet their minimum requirement. Written evidence of such shall
be submitted to the Department of Planning Services.
D. The applicant shall provide a signed and recorded Surface Use Agreement
with K.P. Kauffman.
E. 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 build out. 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.
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3) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent public rights-of-way and adjacent
properties.
4) The applicant shall address the issue of on-site lighting, including
security lighting,if applicable. If safety lighting is required,the use of
red beacons is preferred to flashing strobe lights. If requested,
security lighting on the site shall be mounted up to twenty(20)feet
high and must be directed toward the ground to reduce light pollution,
prevent off-site light spillage, and avoid illuminating the tower.
5) The broadcasting tower security fence shall be relocated so that it
does not cross the existing KN Energy gas pipeline easement.
6) The approximate locations of the K.P. Kauffman flowlines shall be
indicated.
F. 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.
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 Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
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5. 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 Colorado Department of Public Health and
Environment, Water Quality Control Division (WQCD), at
www.cdphe.state.co.us/wq/PermitsUnit to determine 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.
6. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the 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 3rd day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.41 MAT /1-1- - .h., j __________
William H erke, Chair
1861 f , ieNAC tm Clerk to the Bard
M. J. ile, Pro-Tem
✓� 1.//I� /.,1� _�
\ty Clerk to the Board
D id E. Long
APP AS TO F .
Robert . Masden
u ty Attorney
Glenn Vaad
Date of signature: c4.5—
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LONGMONT BROADCASTING, LLC
USR#1508
1. The Site Specific Development Plan and Use by Special Review Permit #1508 is for
Communications 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.
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 Residential
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. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
10. Adequate toilet facilities(Port-A-Potty)shall be provided during construction of the facility.
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.
13. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. 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 Program.
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15. 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.
16. Each building will require an engineered foundation based on a site-specific geotechnical
reportoran open hole inspection performed bya Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
17. Building height,setbacks,and offset distance shall be determined by Chapter 23 of the Weld
County Code. Seperation 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 (FAA).
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.
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.
20. 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 Colorado Department of
Public Health and Environment, Water Quality Control Division (WQCD), at
www.cdphe.state.co.us/wa/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.
21. The historical flow patterns and run-off amounts will be maintained on the site in such a
mannerthat itwill 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.
22. Areas for equipment and/or trash collection shall be stored inside of approved buildings,or
shall be appropriately screened.
23. The property owner or operator shall be responsible for complying with the Design
/Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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25. The use shall maintain compliance with the Federal Aviation Administration(FAA),including
tower marking and lighting.
26. The use shall maintain compliance with the Federal Communication Commission (FCC).
27. The tower owner must not exclude other providers from co-locating on the same tower
when co-location is structurally, technically, or otherwise feasible.
28, 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.
29. 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.
30. Prior to the construction of the eastern tower, an easement will be 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).
Evidence of such shall be submitted prior to release of building permits.
31. 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.
32. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
33. The 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.
34. 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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