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Home My WebLink About20040590.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Regent Broadcasting of Fort Collins, Inc Case Number USR-1457 Submitted or Prepared Prior to Al: Hearing H=aring 1 Staff Comments X Memo requesting case number change Department of Planning Services Field Check Form N. Planning Commissioner Field Check Form Letter to Applicant Affadavit of sign posting and photograph Legal Notifications 2 Application X Maps Deed/Certificate of Conveyance Surrounding Property/Mineral Owners • Soil Survey ' 3 Referral List X Town of Pierce, referral received 12/2/2003 4 Referrals with comments X Weld County Department of Public Works, referral received 12/1/2003 Weld County Department of Public Health and Environment, referral received 11/10/2003 Weld County Sheriff's Office, referral received 11/13/2003 Weld County Department of Building Inspection, referral received 11/20/2003 Greeley Soil Conservation District, referral received 10/31/2003 Weld County Zoning Compliance, referral received 10/22/2003 5 Surrounding Property Owners- Letters `Su, E-mail from Mark Grueskin, attorney for Fox Television X 6 PC Exhibits be, - X 7 Planning Commiosion Resolution I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. A ✓; 4/70 6 £ Sheri Lockman Planner II EXHIBIT 2004-0590iQ WIIDc. LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1457 Hearing Date: January 6, 2003 Applicant: Regent Broadcasting of Fort Collins, Inc. Address: 600 Main Street Windsor, CO 80550 Request: A 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. Legal Part of the SE4 Section 19, TON, R66W of the 6T" P.M., Weld Description: County, Colorado Location: %, mile west of County Road 27 and 74 feet north of County Road 90 Parcel ID #: 0553 19 000005 Size of Parcel: +/- 16 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 10/22/2003 • Weld County Department of Public Health and Environment, referral receivedl l/10/2003 Weld County Department of Public Works, referral received 12/1/2003 • Greeley Soil Conservation District, referral received 10/31/2003 • Weld County Department of Building Inspection, referral received 11/20/2003 • Weld County Sheriff's Office, referral received 11/13/2003 • Town of Pierce, referral received 12/2/2003 The Department of Planning Services' staff has not received responses from the following agencies: • Nunn Fire Protection District • Federal Communications Commission Federal Aviation Administration USR-1457 Regent Broadcasting 1 EXHIBIT SPECIAL REVIEW PERMIT W ADMINISTRATIVE REVIEW COLORADO Planner: S Lockman Case Number: USR-1457 Hearing Date: January 6, 2003 Applicant: Regent Broadcasting of Fort Collins, Inc. Address: 600 Main Street Windsor, CO 80550 Request: A 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. Legal Part of the SE4 Section 19, T8N, R66W of the 6TH P.M., Weld Description: County, Colorado Location: 1/2 mile west of County Road 27 and 74 feet north of County Road 90 Parcel ID #: 0553 19 000005 Size of Parcel: +/- 16 acres THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff 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(Agriculture l)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 USR-1457 Regent Broadcasting 2 surrounding land uses. The surrounding properties are agricultural. One home is n 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 Chapter22 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. 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. 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 1009 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 USR-1457 Regent Broadcasting 3 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 Sheriff's 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 Record ng 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) 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 senttomaps@co.weld.co.us. (Department of Planning Services) USR-1457 Regent Broadcasting 4 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) 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, 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) USR-1457 Regent Broadcasting 5 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) 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 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. USR-1457 Regent Broadcasting 6 ` \° MEMORANDUM TO: Weld County W Il a DATE: December 30P2003ng Commission COLORADO FROM: Sheri Lockman, Planner II _ SUBJECT: Regent Broadcasting Use by Special Review This case was originally listed under number 2o° AMUSR-1047. Due to a conflict with the adjacent cell tower, staff has changed the case number to USR-1457. 7 i \ DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE ��D�• GREELEY, COLORADO 80631 COLORADO October 21, 2003 Regent Broadcasting of Fort Collins, Inc. do Lind, Lawrence&Ottenhoff LLP 1011 11'Avenue Greeley, CO 80631 Subject: 2n°AmUSR-1047- Request for a 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 on a parcel of land described as Part of the SE4 Section 19, T8N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for January 6,2004,at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Pierce Planning Commission for their review and comments. Please call Pierce at(970)834-2851 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Pierce Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, nlo c af �' Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS DECEMBER 27, 2003 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1457 IN THE A (AGRICULTURAL) ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign �i r .C. • �l,L ZCs �''2 ; -i2//( 4/ Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD )/ F iri The foregoing instrument was subscribed and sworn to me thir_7,„ day of _ C CCV1ii , 2003. 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' I _ �a.1 - • a _ r f i'J� ' I 4 v :a. •. 5 i �y`� t om•I j �'� "ra 1 _ •+°`.9 .AT �' 14.1..~ - - .._t_(. r - - - • - - - - -� - -•- fir, --r-S, _ . Ivy_M- - .• _. . ,. ...:.air . .+•�. ' , + � - . - . .� tls'. . • i ih • i- �1. . 4 C i .Ls •y► {. :l • .�' r• ��• tj'�.a `~M` • . 'i .. N. 'fl_ � '„i • . tea. ... ; • � r* • c • :. }'( .. T elf . � •\ ."� ii � • . T. � < " -. J'� ... r. \.. .( i .• �� .r . •.•� "A �_ , • .-: 0 - - j _ - f I i 1 1 •x30171,/ r � ' Itt. ! ' t .ti FIELD CHECK CASE NUMBER: 2n°AmUSR-1047 DATE OF INSPECTION: /l(y�d'1 APPLICANT'S NAME: Regent Broadcasting of Fort Collins, Inc. PLANNER: Sheri Lockman 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. LEGAL DESCRIPTION: Part of the SE4 Section 19,T8N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: 1/2 mile west of CR 27; 74 feet north of CR 90. LAND USE: N /�1A7-�� /) n /4s J� .&ev. n E !""`yww___ — .�,p�r,„ may, • s QewfaAA44 .144—O Z0NING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A (Agricultural) COMMENTS: ^ p 0_04.40-60-41 otA^40 9u n, 4 rit • b _ Art) c 012 cted V �im,. G�.,,te" o/,D a.k. v2,,,..d�1 ". .�,�.. A )t4a c tAi �jCa.tc . L) L Qa d:.4 ,:,)Lia., 6a P.C. Member FIELD CHECK inspection date: 10/23/03 CASE NUMBER: 2nd AMUSR-1047 APPLICANT: Regent Broadcasting of Fort Collins, Inc. LEGAL DESCRIPTION: Part of the SE4 Section 19, T8N, R66W of the 6T" P.M., Weld County, Colorado LOCATION: '/�mile west of County Road 27 and 74 feet north of County Road 90 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural / Residential COMMENTS: The entire area is dryland. Some farming to the south. One house in close proximity to the west. Fencing is in place around the existing building. They are preparing to remove the existing tower. Sheri Lockman , Planner II Hello