HomeMy WebLinkAbout20052016.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, 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-1508
APPLICANT: Longmont Broadcasting LLC.
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3507; Pt of the NW4 of Section 33, T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Permit for two communications transmission towers (two guyed broadcast
towers approximately 1,180 feet in height with support buildings) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 17 and '/% mile north of State Hwy 52.
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 Planning Commission 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 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 USR-776 by
the Board of County Commissioners on July 8, 1987.
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 1,000 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 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% 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 23-2-220.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
EXHIBIT
2005-2016 1 13
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Resolution USR-1508
Longmont Broadcasting LLC
Page 2
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 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 23-2-220.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)
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.
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 scheduling a Board of County Commissioners hearing:
A. The applicant shall provide evidence to the Department of Planning Services of an
agreement with KN Energy regarding their gasline easement or provide evidence of an
adequate attempt to address their concerns. (Department of Planning Services)
B. The applicant shall provide a recorded easement agreement with the adjacent property
owner to the east (Lot B of AMRE-2425) regarding the maximum collapse radius for the
proposed eastern transmission tower (70% of the tower height) as stated in the March 30,
2005 letter from Ernest Jones of ERI Installations Inc. or provide evidence that an adequate
attempt has been made to address their concerns. (Department of Planning Services)
C. The applicant shall either submit to the Weld County Department of Planning Services a copy
of an agreement with the properties 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.
(Department of Planning Services)
2. Prior to recording the plat:
A. All pages of plat shall be labeled USR-1508. (Department of Planning Services)
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. (Town of Frederick)
Resolution USR-1508
Longmont Broadcasting LLC
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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 meets their minimum requirement. Written
evidence of such shall be submitted to the Department of Planning Services. (Public Works)
D. 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)
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. (Department of Planning
Services)
4. The applicant shall address the issue of on-site lighting, including security lighting if
applicable. If safety light 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. (Department of
Planning Services)
E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. 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)
4. 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,ArcInfo 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(o"�co.weld.co.us. (Department of Planning Services)
5. 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 Regulations. (Department
of Public Health & Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health & Environment)
Resolution USR-1508
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6. 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 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/wo/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. (Department of Public Health and
Environment)
7. 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.
USR-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 Residential Zone District
as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. Adequate handwashing and toilet facilities shall be provided for employees of the facility. (Department
of Public Health and Environment)
9. 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 handwashing 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)
Resolution USR-1508
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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. 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. (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 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.cdohe.state.co.us/wci/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. (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. Areas for equipment and/or trash collection shall be stored inside of approved buildings or shall be
appropriately screened. (Department of Planning Services)
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.
25. The use shall maintain compliance with the Federal Aviation Administration including tower marking
and lighting. (Department of Planning Services)
26. The use shall maintain compliance with the Federal Communication Commission. (Department of
Planning Services)
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. (Department of Planning Services)
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:
Resolution USR-1508
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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)
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. (Department of Planning Services)
30. 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.
31. 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)
32. 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.
33. 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 Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
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.
Resolution USR-1508
Longmont Broadcasting LLC
Resolution USR-1508
Longmont Broadcasting LLC
Page 4
CERTIFICATION OF COPY
I, Voneen Macklin, 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 May 17, 2005.
Dated the 171h of May, 2005.
\\tALMA,---“ a_er-A___--
Voneen Macklin
Secretary
5-47-;11-.5
The following items are on the Consent Agenda: ��Q
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CASE NUMBER: PZ-1058
APPLICANT: Francisco Garcia
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B or RE-3300; pt of the W2NE4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone for Eight Estate Lots and one Agricultural Lot and
11.2 acres of open space (Las Haciendas PUD).
LOCATION: South of and adjacent to State Hwy 60; 1/4 mile west of CR 5.
The Chair stated there were not enough Commission members voting for removal, therefore it will remain
on the Consent Agenda.
CASE NUMBER: USR-1508
APPLICANT: Longmont Broadcasting LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3507; Pt of the NW4 of Section 33, T2N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Permit for two communications transmission towers (two guyed
broadcast towers approximately 1,180 feet in height with support
buildings) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 17 and % mile north of State Hwy 52.
The Chair asked if the applicant wished to have this removed from the consent agenda. Kirk Goble, Bell Five
Land Company, representing the applicant, requested it remain on the consent agenda. The Chair asked if
any members of the board wished to have it removed. As there were none, the floor was opened for public
comment. There was no public comment regarding PZ-1058 or USR-1508. The Chair stated the first two
cases will remain on the consent agenda and asked for a motion.
Bryant Gimlin moved that PZ-1058 and USR-1508 be forwarded to the Board of County Commissioners with
their recommendation for approval. Doug Oschner seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller, yes; Bryant Gimlin,yes; James Rohn, no; Chad Auer,yes; Doug Ochsner,yes; Bruce Fitzgerald,yes;
James Welch, yes; Tom Holton, yes. Motion carried.
The following items will be Heard:
CASE NUMBER: USR-1504
APPLICANT: The Bluffs, John Villano & Josef Guetlein managers & Ray Edmiston
owner of Aerial Sprayers, Inc
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Pt of the N2 Section 5, T2N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an
Airstrip and an Agricultural Service Establishment. More specifically, an
airstrip for private use and for a crop dusting, and a spraying operation
facility. The facility includes hangar, landing strip, fertilizer storage
facilities, insecticide storage facilities, fuel storage facilities and offices
accessory to the crop dusting or spraying operation in the A(Agricultural)
Zone District
LOCATION: South of and adjacent to CR 26; approximately%mile east of SH 85; west
of and adjacent to CR 29
The Chair asked that the record show that Tom Holton was recusing himself from case USR-1504.
Sheri Lockman, Department of Planning Services. The Bluffs,John Villano and Josef Guetlein managers,and
Ray Edmiston, owner of Aerial Sprayers Inc., have applied for a Site Specific Development Plan and a Special
Review Permit for an Airstrip and an Agricultural Service Establishment. More specifically, an airstrip for
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