HomeMy WebLinkAbout20040589.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with the addition of prior to schedulingcondition , 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-1457
APPLICANT: Regent Broadcasting of Fort Collins, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SE4 Section 19, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for one (1)
radio communication transmission tower over seventy feet in height (755
feet) in the A(Agricultural)Zone District.
LOCATION: 1/2 mile west of CR 27; 74 feet north of CR 90.
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". Replacement of the
existing 605 foot tower for a 755 foot tower and beacon should have little additional 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. One home is in close
proximity to the west. 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 Pierce. The
Town did not respond to the referral request.
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 proposal will not further
reduce agricultural land in that proposed tower will be replacing an existing tower.
2004-0589 :'.
Resolution USR-1457
Regent Broadcasting
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 scheduling the Board of County Commissioners Hearing:
A. The applicant shall contact the owners of the adjacent tower, an attempt shall be made to
address their concern. Written evidence that a reasonable attempt has been made to resolve
the issues shall be submitted to the Department of Planning Services.
2. Prior to recording the plat:
A. The plat shall be labeled USR-1457. (Department of Planning Services)
B. The applicant shall complete all conditions associated with Subdivision Exemption 1039 and
submit the plat for recording. (Department of Planning Services)
C. The property owner/applicant shall submit a request to vacate CUP-9. (Department of Planning
Services)
D. The applicant shall schedule the appropriate inspection and submit evidence of approval from
the Weld County Department of Building Inspection for Building Permit BCN-030382 for the new
tower. (Department of Building Inspection)
E. The plat shall be amended to delineate the following:
1) 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. These areas shall be designed and used in a
manner that will prevent wind or animal scattered trash.(Department of Planning Services)
2) 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 offsite
light spillage and avoid illuminating the tower. (Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
F. The applicant shall contact Dave Tuttle, Weld County Sheriffs Office, to discuss the Crime
Prevention Through Environmental Design program and any available options for the site.
(Sheriff's Office)
G. The applicant identified the existing access point to County Road 90 as per Recording No.
02060487, recording date was April 1, 1975, Book 119. A copy of this recorded document shall
be provided to the Department of Planning Services. (Department of Public Works)
H. 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)
Resolution USR-1457
Regent Broadcasting
Page 3
3. 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)
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, 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 mapsco.weld.co.us. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1457
Regent Broadcasting of Fort Collins, Inc.
1. The Site Specific Development Plan and Special Use Permit is for one (1) radio communication
transmission tower over seventy feet in height (755 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. The off-street parking including the access drive shall be surfaced with gravel or the equivalent and
shall be graded to prevent drainage problems. (Department of Public Works)
4. Signage at the site is limited to nonilluminated warning and equipment identification signs.(Department
of Planning Services)
5. The new tower shall conform to the requirements of the 1997 uniform building code, 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
6. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. Offset and
setback distances are measured from the farthest projection from the structure.(Department of Building
Inspection)
7. 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)
r
8. 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 Si:es and
Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
9. 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)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. 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. Equipment must not generate noise that can be heard
beyond the site. However, this does not apply to generators used in emergency situations where the
regular power supply for a facility is temporarily interrupted. It also does not apply to air conditioners
or noise made during regular maintenance and upkeep of the facility and site. (Departments of Public
Health and Environment and Planning Services)
12. Bottled water shall be utilized for drinking and hand washing during construction of the transmission
tower. (Department of Public Health and Environment)
13. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the transmission
tower. (Department of Public Health and Environment)
14. The use shall maintain compliance with the Federal Aviation Administration including tower marking and
lighting. (Department of Planning Services)
15. The use shall maintain compliance with the Federal Communications Commission. (Department of
Planning Services)
Resolution USR-1457
Regent Broadcasting
Page 2
16. The approval of this Use by Special Review Permit does not in any way affect the adjacent 738 foot
tower as permitted by AMUSR-1047. (Department of Planning Services)
17. A building permit shall be obtained prior to the construction of any building. (Department of Planning
Services)
18. The tower owner must not exclude other providers from co-locating on the same tower when co-location
is structurally, technically or otherwise possible.
19. The Planning Commission and/or Board of County Commissioners may eliminate the required co-
location if an antenna tower necessary to provide for such sharing dominates and adversely alters the
areas visual character.
20. 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 owners expense. (Department of
Planning Services)
21. The Planning Department 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)
22. 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)
23. 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)
24. 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.
25. 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 pans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
26. 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
Resolution USR-1457
Regent Broadcasting
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
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 January 6, 2004.
Dated the 6th of January, 2004.
V_41 Jl L __—
Voneen Macklin
Secretary
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