The URL can be used to link to this page

Browse Search

Home My WebLink About20041382.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-1471 APPLICANT: Robin Thomas PLANNER: Sheri Lockman LEGAL DESCRIPTION: Part of Lot B, RE-3312; being part of the S2 NW4 of Section 5, T7N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for three (3) radio communication transmission towers over seventy feet in height(183') in the A (Agricultural)Zone District. LOCATION: 1/4 mile south of CR 86 and 1/4 mile east of CR 39. 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".The applicant has chosen a site that has few residences in the immediate area. Further, the towers are not required to be lighted or painted for visibility by the FCC or FAA.The towers should have little impact on the surrounding properties. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.K of the Weld County Code provides for one (1) or more microwave,radio,television 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.The surrounding properties are agricultural in nature with few homes in close proximity. Conditions of Approval and Development Standards ensure that the site will be compatible with the existing surrounding land uses. 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 lies within the three mile referral area for the Town of Ault. In a referral received April 14, 2004 the Town indicated no conflict with their interests. 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 lot 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 existing lot is not currently being farmed. Further, the towers will only be located on 12 acres of a . r- l.t. EXHIBIT 2004-1382 1 ` UASt2 4F1t- 71 Resolution USR-1471 Robin Thomas Page 2 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: 1. All sheets of the plat shall be labeled USR-1471. (Department of Planning Services) 2. The application included a contract to buy the property. The applicant shall submit a recorded deed showing that they have purchased the property. (Department of Planning Services) 3. The access width requirement for emergency equipment is a minimum of 20 feet.The applicant shall obtain approval from the Ault Fire Protection District that the width of the access and lane is adequate for emergency purposes. The applicant shall provide documentation of such to the Department of Planning Services. (Department of Public Works) 4. The applicant shall consider the request made by the Greeley-Weld County Airport Authority to submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration. If the applicant considers this a reasonable request the form shall be completed. (Department of Planning Services) 5. The plat shall be amended to delineate the following: 1. The correct property owners name shall be delineated in the signature blocks.(Department of Planning Services) 2. The access road shall be amended to be included in the USR boundary or it shall be identified as an easement. (Departments of Planning Services and Public Works) 3. Emergency lighting, if applicable. (Department of Planning Services) 4. The attached Development Standards. (Department of Planning Services) 6. 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) 2. Upon completion of 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 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 maosaco.weld.co.us. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1471 Robin Thomas 1) The Site Specific Development Plan and Special Use Permit is for three (3) radio communication transmission towers over seventy feet in height (183 feet) 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) A building permit shall be obtained prior to the construction of any new building or tower. (Department of Building Inspection) 4) A plan review is required for each building or tower for which a building permit is required. 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) 5) 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;2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 6) 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) 7) Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Chapter 23 of the Weld County Code. (Department of Building Inspection) 8) Building height 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 types of construction 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. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 9) All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 10) 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., as amended. (Department of Public Health and Environment) 11) 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) 12) Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 13) This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 14) Bottled water shall be utilized for drinking and hand washing during construction of the transmission towers. (Department of Public Health and Environment) Resolution USR-1471 Robin Thomas Page 2 15) Adequate toilet facilities (port-a-potty) shall be provided during the construction of the transmission towers. (Department of Public Health and Environment) 16) Signage at the site is limited to nonilluminated warning and equipment identification signs. (Department of Planning Services) 17) The operation shall comply with all applicable rules and regulations of the Federal Communication Commission (FCC). (Departments of Public Health and Environment and Planning Services) 18) The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 19) The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 20) 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. 21) 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. 22) 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 Stephen Mokray VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Chad Auer Tonya Strobel Doug Ochsner 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,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 4, 2004. Drted the 4th of May, 20 4. Oac 1Y1�LC May,. Voneen Macklin Secretary Hello