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HomeMy WebLinkAbout20053816.tiff \_J 11'A1721CO-00248 I-25/HWY 119 ti4a �4 2 Cfwa ... V>Vy ,J__..,,,.:Er'a's® A ' %„: ® We/d Co May 9, 2005 liaty p, GRE illillig£(E, °FFi Parfie Weld County 11/4�, C nt ,• t A Planning Department ;� ZQO� t'7 Attn Kim Ogle, Planner III s 1918 10th Street ;Y' 4 fir% .r,' Greeley, CO 80631 �zkb a-, p Kim, s This letter is to confirm our conversation on Monday May 9, 2005 regarding Nextel "g• `z, Communications site modification at 10948 Old Landfill Road, Mead CO 80504 Nextel 44 3 Communications modification will include the swapping out of nine (9) existing four- foot (4') antennas with nine (9) new six-foot (6') antennas Nextel will be swapping the - 9j ,,� nine (9) antennas on the same mounting hardware with the top of the antennas remaining at the same height of 200' The new six-foot (6") antennas will be mounted slightly ,tea lower on the mounting bracket to keep the antenna tip height the same rrt -v Per our conversation this modification will not require any additional zoning permits :1,44 This will, however, require a building permit To confirm this determination would you f ,-• . please sign and date this letter and return it to me at the address below for NEXTEL'S L., records sin '*:;43:',71 Krim Ogle, Planner III 1 . CZ Signature • g v,', N tom , �C� 2�C Date `t' fo i Thank you for your time and consideration tine w n Sincerely, '• m Brett R Pfleger ' 2..,,,,77, [2'1'''''I' -, , 0. Pfleger Consulting, LLC, Representing Nextel Communications t 333 Inverness Way South Englewood, CO 80112 303-591-2454 t<i• i 2005-3S1co BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Arlan Marrs 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- 1234 APPLICANT: Nextel Communications ADDRESS : 4643 S . Ulster, Suite 500 Denver, CO 80237 PLANNER : Julie A. Chester REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of A Public Utility for a Telecommunication facility LEGAL DESCRIPTION : Part of the NW4 of Section 9 , T2N , R68 of the 6th P . M . , Weld County , CO LOCATION : South of Highway 119 , East of and adjacent to the Longmont Landfill Road (WCR 5 ) The Planning commission approves this request for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 25 . 7 of the Weld County Zoning Ordinance , as amended . 2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 25 . 8 of the Weld County Zoning Ordinance , as amended , as follows : a . Section 25 . 8 . 1 -- Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical . The proposed telecommunications facility is not located in an area designated as prime farm ground . The surrounding land uses include a residence within % mile , two large subdivisions ( Meadow Vale , The Elms and Longview) to the north , across Highway 119 , Gravel mining and several commercial uses to the west. The proposed site is located in Weld County ' s Mixed Use Development Area . b . Section 25 . 8 . 2 -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS . The facility is located approximately one mile from Longmont' s municipal boundary and adjacent to , but not included in Ordinance 201 . The City of Longmont has some concerns regarding the aesthetics of the lattice tower. Conditions of approval and development standards mitigate the concerns of the City of Longmont. c . Section 25 . 8 . 3 -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible . The proposed facility will be compatible with surrounding land uses . There are other commercial type uses ( including a landfill and compost facility ) in the area , two large subdivisions , gravel mining operations and some agricultural uses . An approved landscaping plan is required to mitigate some Lithe concerns of compatibility and reduce the visual impacts . d . Section 25 . 8 . 4 -- The site shah Lis maintained in such a mangy r so as to control soil erosion , -s- _ , (7-s ' RESOLUTION, USR-1234 Nextel Communications Page 2 dust, and the growth of NOXIOUS WEEDS The conditions of approval and development standards will assure that there is no fugitive dust or erosion and will ensure the control of noxious weeds e Section 25 8 5—The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to insure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility f Section 25 8 6--The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands The proposal will not require additional water demands on the site The proposed location of the telecommunications facility will be unmanned and will _ not require water or sewage disposal The conditions of approval and development standards minimize negative impacts on the existing agricultural uses and lands of the area g Section 25 8 7—All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area h Section 25 8 8--It has been determined that the nature and location or expansion POWER -PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the County This criteria is not applicable for this proposed use i Section 25 8 9 -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and Weld County air quality standards The conditions of approval and development standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards 1 Section 25 810—Adequate electric, gas, telephone, water, sewage, and other utilities exist or can be developed to service the site There is no continuous fuel requirement for the facility k Section 25 811 —The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological site within the affected area There will be no significant impact on wildlife habitat I Section 25 8 12—The applicant's engineer has certified that the drainage plans developed for, and to be implemented on the site, will prevent surface drainage from leaving the site which would exceed historic runoff flows The Weld County Public Works Department indicated in their referral response, dated July 12, 1999, that the leased area will not exceed the historic runoff m Section 25 8 13 -- Where a proposed power plant is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction ( , RESOLUTION, USR-1234 Nextel Communications Page 3 force, the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities This criteria is not applicable for this proposed use 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 approval is conditional upon the following 1 The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat The completed plat shall be delivered to the - Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Planning Commission (Dept of Planning Services) - 2 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 (Dept of Planning Services) 3 Prior to ecording the plat The applicant shall complete and have approved the 7460-1 Notice of Construction or PP P PP Alteration form required by the Federal Aviation Administration A copy of the approved 7460-1 shall be submitted to the Department of Planning Services (FAA) �van / B The applicant shall apply for and receive approval of a Subdivision Exemption (SE-775)for tii a Major Facility of a Public Utility to create the parcel the applicant intends to lease (Planning) `�L C_ The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan Landscaping on the proposed site shall meet all Mixed Use-Development(MUD) standards, as stated in ( al''''.4- the MUD Ordinance (Dept of Planning Services) ,11 1r1'lClirv-fr Dje:L D The applicant shall submit evidence of attempts to address the concerns of the City of 13l a Longmont, as listed in the referral response dated July 7, 1999, to the Weld County Department of Planning Services (Dept of Planning Services) ` E The applicant shall submit evidence of attempts to address the concerns of the Mountain View Fire Protection District, as listed in the referral response dated June 30, 1999, to the Weld County Department of Planning Services (Dept of Planning Services) F The plat shall be amended to delineate the following 1) The approved landscaping plan (Dept of Planning Services) 4 Prior to the release of building permits - A Foundations shall be designed by an engineer or architect licensed by the State of Colorado and provide a Geotechnical Engineering report with blueprints at the time of building permit application i RESOLUTION, USR-1234 Nextel Communications Page 4 5 Adequate toilet facilities shall be provided during construction of the project (Weld County Health Department) Motion seconded by Cnstie Nicklas VOTE For Passage Cnstie Nicklas Arlan Marrs Fred Walker Stephan Mokray Jack Epple _ Bruce Fitzgerald Michael Miller Bryant Gimlin 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, Jennifer Mehnng, 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 July 20, 1999 Dated the 20th of July, 1999 Jennifer nng Secretary ), aa SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Nextel Communications USR-1234 1 The Site Specific Development Plan and Special Review permit is for a Major Facility of a Public Utility for a Telecommunications facility in the A(Agricultural)zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon (Planning) 2 Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance (Planning) 3 Soils and vegetation disturbed during construction shall be returned to natural profiles and vegetation replaced as closely as possible (Planning) 4 All construction on the property shall be in accordance with the requirements of the Weld County _ Building Code Ordinance (Building Inspection) 5 The tower shall be painted with an earth-tone color, approved by the City of Longmont and the Weld County Department of Planning Services, to blend into landscaping of the area The structures must be kept in good repair at all times (Dept of Planning Services) 6 All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Health Department) 7 No permanent disposal of wastes shall be permitted at this site (Health Department) 8 Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions (Health Department) 9 Fugitive dust shall be controlled on this site (Health Department) 10 The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as measured according to 25-12-102, Colorado Revised Statutes (Health Department) 11 The applicant shall provide toilet facility (porta-potty) during construction of the facility (Health Department) 12 The access road to the facility must a graded and drained all-weather road (Public Works) 13 The property owner or operator shall be responsible for complying with the Design Standards of Section 24 5 of the Weld County Zoning Ordinance 14 The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 6 of the Weld County Zoning Ordinance 15 Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carned out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 16 The Special Review are shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the permit U C DEVELOPMENT STANDARDS, USR-1234 Nextel Communications Page 2 by the Weld County Planning Commission 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 17 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 Hello