HomeMy WebLinkAbout20041381.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1471 FOR THREE(3)RADIO COMMUNICATION TRANSMISSION TOWERS
OVER SEVENTY FEET IN HEIGHT (183 FEET) IN THE A (AGRICULTURAL) ZONE
DISTRICT - ROBIN THOMAS
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 12th day of
May, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Robin Thomas, 1001 Weatherly Drive,Cheyenne,Wyoming 82007,for a Site Specific
Development Plan and Use by Special Review Permit#1471 for three(3) Radio Communication
Transmission Towers over seventy feet in height(183 feet)in the A(Agricultural)Zone District on
the following described real estate, to-wit:
Lot B of Recorded Exemption#3312;being part of the
S1/2 of the NW1/4 of Section 5, Township 7 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present 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 Chapter22 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 Federal
Communication Commission (FCC) or Federal Aviation Administration
(FAA). The towers should have little impact on the surrounding properties.
2004-1381
PL1715
SPECIAL REVIEW PERMIT#1471 - ROBIN THOMAS
PAGE 2
b. Section 23-2-230.B.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 in nature with few homes in close proximity. 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 Ault. In a referral received
April 14, 2004, the Town of Ault indicated no conflict with its interests.
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 existing lot is not currently being farmed. Further, the towers will
only be located on 12 acres of a 72-acre lot.
g. Section 23-2-230.6.7 -- 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 Robin Thomas for a Site Specific Development Plan and
Use by Special Review Permit#1471 for three(3)Radio Communication Transmission Towers over
seventy feet in height(183 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. All sheets of the plat shall be labeled USR-1471.
B. The application included a contract to buy the property.The applicant shall
submit a recorded deed showing that they have purchased the property.
2004-1381
PL1715
SPECIAL REVIEW PERMIT#1471 - ROBIN THOMAS
PAGE 3
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.
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.
E. The plat shall be amended to delineate the following:
1) The correct property owners name shall be delineated in the
signature blocks.
2) The Use by Special Review Permit boundary shall be amended to
include the access road,or the access road shall be identified as an
easement.
3) Emergency lighting, if applicable.
4) The attached Development Standards.
F. 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.
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.
2004-1381
PL1715
SPECIAL REVIEW PERMIT#1471 - ROBIN THOMAS
PAGE 4
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of May, A.D., 2004.
���� BOARD OF COUNTY COMMISSIONERS
�� ��'v" WELD OUNTY, COLORADO
ATTEST: lf�j�j�/� lk
Robert D. Masden, Chair
W� ounty Clerk to the Board
William H. J- e, Pro-Tem
to the Board
361 fa- M. (s�-ile
,p �� ►~ � Davi. . Long
unty Attorney
Glenn Vaad
Date of signature: /9 '`
2004-1381
PL1715
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBIN THOMAS
USR #1471
1. The Site Specific Development Plan and Use by Special Review Permit#1471 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. A Building Permit shall be obtained prior to the construction of any new building or tower.
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.
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;2002 National Electrical Code;and Chapter 29 of
the Weld County Code.
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.
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 Chapter 23 of the Weld County Code.
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.
9. 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.
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, Section 30-20-100.5, C.R.S.
2004-1381
PL1715
DEVELOPMENT STANDARDS - ROBIN THOMAS (USR#1471)
PAGE 2
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.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
13. 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.
14. Bottled water shall be utilized for drinking and hand washing during construction of the
transmission towers.
15. Adequate toilet facilities (Port-A-Potty) shall be provided during the construction of the
transmission towers.
16. Signage at the site is limited to nonilluminated warning and equipment identification signs.
17. The operation shall comply with all applicable rules and regulations of the Federal
Communication Commission (FCC).
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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 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
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.
2004-1381
PL1715
Hello