HomeMy WebLinkAbout20041383.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Robin Thomas Case Number USR-1471
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Resolution and memos for preadvertisement (Ti , ,;,L"Cy_I i I��
Letter to Applicant
Affidavits and photographs of sign postings
Legal Notifications
2 Application X
Maps
Contract to buy and sell real estate/Certificate of Conveyance
Surrounding Property/Mineral Owners
Soil Survey
3 Referral List X
Referrals without comment
Town of Ault, referral received 4/14/2004
Colorado Division of Wildlife, referral received 4/12/2004
4 Referrals with comments X
Weld County Department of Public Works, referral received 3/26/2004
Weld County Zoning Compliance, referral received 3/22/2004
West Greeley Soil Conservation District, referral received 3/25/2004
Weld County Department of Building Inspection, referral received 4/2/2004
Weld County Department of Public Health and Environment, referral received
4/6/2004
Greeley-Weld County Airport Authority, referral received 4/9/2004
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c�i 1.323 Use Wkly 11
5 PC Exhibits
S Planning Commission Resolution
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Sheri Lockman O Planner II
At(4ir,
WIIDc. LAND USE
SUMMARY SHEET
ON
COLORADO
• Case Number: USR-1471 Hearing Date: May 4, 2004
Applicant: Robin Thomas
Address: 1001 Weatherby Drive, Cheyenne, WY 82007
Request: A Site Specific Development Plan and a Special Review Permit for three (3) radio
communication transmission towers over seventy feet in height(183 feet) in the A
(Agricultural)Zone District.
Legal Part of Lot B RE-3312 being part of the S2 NW4 Section 5, T7N, R65W of the 6th P.M.,
Description: Weld County, Colorado
Location: 1/4 mile south of County Road 86 and 1/4 mile east of County Road 39
Parcel ID #: 0709 05 200037 Size of Parcel: +/- 12 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 3/22/2004
• Weld County Department of Public Health and Environment, referral received 4/6/2004
•
Weld County Department of Public Works, referral received 3/26/2004
• West Greeley Soil Conservation District, referral received 3/25/2004
• Weld County Department of Building Inspection, referral received 4/2/2004
• Town of Ault, referral received 4/14/2004
•
Greeley-Weld County Airport Authority, referral received 4/9/2004
•
Colorado Division of Wildlife, referral received 4/12/2004
The Department of Planning Services'staff has not received responses from the following agencies:
• Ault Fire Protection District
USR-1471 Thomas 1
14. EXHIBIT
2004-1383
Ott tijr% SPECIAL REVIEW PERMIT
WIIDc. ADMINISTRATIVE REVIEW
COLORADO
Planner: S. Lockman
Case Number: USR-1471 Hearing Date: May 4, 2004
Applicant: Robin Thomas
Address: 1001 Weatherby Drive, Cheyenne, WY 82007
Request: A Site Specific Development Plan and a Special Review Permit for three (3) radio
communication transmission towers over seventy feet in height(183 feet) in the A
(Agricultural)Zone District.
Legal Part of Lot B RE-3312 being part of the S2 NW4 Section 5, T7N, R65W of the 6th P.M.,
Description: Weld County, Colorado
Location: 1/4 mile south of County Road 86 and 1/4 mile east of County Road 39
Parcel ID#: 0709 05 200037 Size of Parcel: +/- 12 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". 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.
USR-1471 Thomas 2
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 72 acre lot.
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. All sheets of the plat shall be labeled USR-1471. (Department of Planning Services)
B. 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)
C. 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)
D. 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)
E. 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)
USR-1471 Thomas 3
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)
F. 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 maps(aco.weld.co.us. (Department of Planning Services)
USR-1471 Thomas 4
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,3020100.5,
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)
r
USR-1471 Thomas 5
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)
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.
USR-1471 Thomas 6
a
DEPARTMENT OF PLANNING SERVICES
1 PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
WILD e. GREELEY, COLORADO 80631
COLORADO
March 18,2004
Robin Thomas
1001 Weatherly Drive
Cheyenne WY 82007
Subject: USR-1471- Request fora 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
on a parcel of land described as 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.
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 May 4, 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 Ault Planning Commission for their review and comments. Please
call Ault at(970)834-2844 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 Ault 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,
Planner
r-,
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS April 24, 2004 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-1471 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
7 ?
Signatur of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me thia day of
WITNESS my hand and official seal.
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<1,10„ ( 1 ') law
Notary Public
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vine NOTICE mnc
A PUBLIC NEARING CONCERNING
THIS PROPERTY WILL BE NEED AT'
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FIELD CHECK inspection date: 4/15/2004
CASE NUMBER: USR-1471
APPLICANT: Robin Thomas
LEGAL DESCRIPTION: Part of Lot B RE-3312 being part of the S2 NW4 Section 5, T7N, R65W
of the 6th P.M., Weld County, CO
LOCATION: 1/4 mile south of County Road 86 and 1/4 mile east of County Road 39
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS: The site currently has no improvements. The topography
is flat. Two homes exist within 1/4 mile (north and west of
the site).
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Sheri Lockman , Planner II
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