HomeMy WebLinkAbout20040588.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1457 FOR ONE (1) RADIO COMMUNICATION TRANSMISSION TOWER
OVER SEVENTY FEET IN HEIGHT (755 FEET) IN THE A (AGRICULTURAL) ZONE
DISTRICT - REGENT BROADCASTING OF FORT COLLINS, INC.
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 17th day of
March,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Regent Broadcasting of Fort Collins, Inc.,600 Main Street,Windsor,Colorado 80550,
for a Site Specific Development Plan and Use by Special Review Permit#1457 for one (1) Radio
Communication Transmission Towner over seventy feet in height(755 feet)in the A(Agricultural)
Zone District on the following described real estate, to-wit:
Part of the SE1/4 of Section 19, Township 8 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Ken Lind, Lind, Lawrence and Ottenhoff,
LLP, 1011 11th Avenue, P.O. Box 326, Greeley, Colorado 80632, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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 with a 755 foot tower and beacon should have
little additional impact on the surrounding properties.
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b. Section 23-2-230.6.2--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 23-2-230.6.3--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. The Conditions of
Approval and Development Standards ensure that the site will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.B.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;however,the Town
did not respond to the referral request.
e. Section 23-2-230.6.5 -- 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-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 proposal will not further reduce agricultural land because the
proposed tower will be replacing an existing tower.
g. Section 23-2-230.6.7 -- 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 Regent Broadcasting of Fort Collins, Inc.for a Site Specific
Development Plan and Use by Special Review Permit#1457 for one (1) Radio Communication
Transmission Towner over seventy feet in height(755 feet)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. The plat shall be labeled USR-1457.
B. The applicant shall complete all conditions associated with Subdivision
Exemption #1009 and submit the plat for recording.
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C. The property owner/applicant shall submit a request to vacate Conditional
Use Permit, CUP-9.
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.
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 trash being scattered by wind or animals.
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.
3) The attached Development Standards.
F. The applicant shall contact Dave Tuttle, Weld County Sheriff's Office, to
discuss the Crime Prevention Through Environmental Design Program and
any available options for the site.
G. The applicant identified the existing access to Weld County Road 90 as per
Reception No.02060487,Book 119,recorded on April 1, 1975. A copy of this
recorded document shall be provided to the Department of Planning
Services.
H. 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.
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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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
. I � ��'//// EXCUSED D.,..,� Robert Masden, Chair
1861 11; r6l1: '�. Clerk to the Board
William . erke, Pro-Tem
szi(Li En
nv
:eputy Clerk to the Board ti
M. . eile
APP V AS FOR •
David E. Long
2 _if
my Attorney EXCUSED
Glenn Vaad
Date of signature: ' 716-/�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
REGENT BROADCASTING OF FORT COLLINS, INC.
USR#1457
1. The Site Specific Development Plan and Use by Special Review Permit#1457 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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.
4. Signage at the site is limited to non-illuminated warning and equipment identification signs.
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.
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.
7. 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.
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 Sites and Facilities Act, Section 30-20-100.5, C.R.S.
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.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103,C.R.S. 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.
12. Bottled water shall be utilized for drinking and hand washing during construction of the
transmission tower.
13. Adequate toilet facilities (Port-A-Potty) shall be provided during the construction of the
transmission tower.
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(USR #1457)
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14. The use shall maintain compliance with the Federal Aviation Administration including tower
marking and lighting.
15. The use shall maintain compliance with the Federal Communications Commission.
16. The approval of this Use by Special Review Permit does not in anyway affect the adjacent
738-foot tower permitted by Amended Use by Special Review Permit, AMUSR-1047.
17. A Building Permit shall be obtained prior to the construction of any building.
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 area's 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 owner's expense.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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 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
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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.
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.
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