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Home My WebLink About950506.tiffDATE: January 17, 1995 CASE NUMBER: Am USR-1047 NAME: Denver Television, Inc., KDVR ADDRESS: 501 Wazee Denver, CO 80204 REQUEST: A Site Specific Development Plan and Special Use Permit for an existing 605' transmission tower and transmitter building to remain on site in the A (Agricultural) zone district. LEGAL DESCRIPTION: A tract of land in the SE/4 of Section 19, TBN, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North and adjacent to Weld County Road 90 and approximately 1/3 mile west of Weld County Road 27. 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plans Agricultural Goals and Policies. This proposal will not remove prime agricultural land from production. This use is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. This use will be compatible with the existing surrounding land uses which are farming production and dryland pasture. The use will be compatible with future development of the surrounding area as permitted within the A (Agricultural) Zone District. No overlay districts affect the site. 950506 Conditions of Approval Denver Television, Inc., KDVR Am USR-1047 Page 2 Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare 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. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 950506 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Denver Television, Inc., KDVR Am USR-1047 1. The Site Specific Development Plan -and Special Review permit is for an existing 605' transmission tower and transmission building in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on site. 6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 7. Tower marking and lighting shall be maintained in compliance at all times with Federal Aviation Administration requirements. 8. The use shall conform with all Federal Communications Commission standards and requirements. 9. The use shall conform with all Federal Aviation Administration requirements. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 11. Personnel from the Weld County Health Department and Weld County Department of Planning Services 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. 950506 Development Standards Denver Television, Inc., KDVR Am USR-1047 Page 2 12. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission 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. 13. 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. 950506 LAND -USE APPLICATION SUMMARY SHEET Date: January 10, 1995 CASE NUMBER: Am USR-1047 NAME: Denver Television, Inc., KDVR ADDRESS: 501 Wazee Denver, CO 80204 REQUEST: A Site Specific Development Plan and Special Use Permit for an existing 605' transmission tower and transmitter building to remain on site in the A (Agricultural) zone district. LEGAL DESCRIPTION: A tract of land in the SE/4 of Section 19, TON, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North and adjacent to Weld County Road 90 and approximately 1/3 mile west of Weld County Road 27. SIZE OF PARCEL: 54.73 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Federal Aviation Administration 2. Weld County Health Department 3. Weld County Public Works 4. Weld County Airport Authority 5. Town of Pierce The Department of Planning Services' staff has not received referral responses from: 1. Nunn Fire District 2. Weld County Communications 3. Federal Communications Commission The Department of Planning Services' staff has not received any objections from surrounding property owners. 950506 EXHIBIT 9 I�'fiT�l WIIDc. COLORADO December 14, 1994 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 KDVR 501 Wazee Denver, CO 80204 Subject: AM USR-1047 - Request for a Site Specific Development Plan and Special Review Permit for an existing 605' transmission tower and transmitter building to remain on site, located on a parcel of land in the SE4 of Section 19, T8N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 17, 1995, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission membersmay have. 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 its review and comments. Please call Lois Souther at 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 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, Todd A. Hodges Current Planner 950 DATE: May 17, 1994 CASE NUMBER: USR-1047 NAME: Denver Television, Inc., dba KDVR ADDRESS: 501 Wazee Street, Denver, CO 80202 REQUEST: A Site Specific Development Plan and a Special Review permit for a 738 foot guyed communication tower in the A (Agricultural) zone district. LEGAL DESCRIPTION: A part of the SE4 of Section 19, TBN, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North and adjacent to Weld County Road 90 and approximately 1/3 mile west of Weld County Road 27. 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. This proposal will not remove prime agricultural land from production. This use is consistent with the intent of the A (Agricultural) zone district and is provided for as a use by special review. This use will be compatible with the existing surrounding land use which is farming production and dryland pasture. The use will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone district. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare 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. 950506 RECOMMENDATION, USR-1047 _ Denver Television, Inc., dba KDVR Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 5 days after construction of the tower to its greatest height, the tower shall be marked and lighted in accordance with Federal Aviation Administration requirements. 950506 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Denver Television, Inc., dba KDVR USR-1047 1. The Site Specific Development Plan and Special Review permit is for a 738 foot guyed communication tower in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on -site. 6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 7 Tower marking and lighting shall be maintained in compliance at all times with Federal Aviation Administration requirements. 8. The use shall conform with all Federal Communications Commission Standards and requirements. 9. The use shall conform with all Federal Aviation Administration Requirements. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services 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 hereon and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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. 11 950506 DEVELOPMENT STANDARDS, USR-1047 Denver Television, Inc., dba KDVR Page 2 15. 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. 950506 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant:Denver Television, Inc. KDVR Case Number:Am USR-1047 Submitted or Prepared Prior to Hearing At Hearing 1. Application 53 pages X 2. Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Field Check from Richard Kimmel X 12. Referral from Weld Airport Authority, dated 12/20/94 X 13. Referral from Town of Pierce, dated 12/20/94 X 14. Referral from Public Works Department, dated 12/21/94 X 15. Referral from Health Department, dated 12/27/94 X 16. Referral from FAA, dated 12/27/94 X I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on , 1994. Current Planner STATE OF COLORADO COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 20th day of January 1995. SEAL My Commission Expires (1 eesA t "L Ex ILL 64 - r4 950506 FIELD CHECK FILING NUMBER: AM USR-1047 DATE OF INSPECTION: ,./ APPLICANT'S NAME: Denver Television, Inc., KDVR CURRENT PLANNER: Todd A. Hodges REQUEST: Site Specific Development Plan and Special Review Permit for an existing 605' transmission tower and transmitter building to remain on site. LEGAL DESCRIPTION: The SE4 of Section 19, T8N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 90 and approximately 1/3 mile west of Weld County Road 27. LAND USE: N gs7/7/77 ZONING: COMMENTS: d') -,7i /' ;' !�/ 4117,140 N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) ll�Z/1��?�% 7,426: < Iii'"1 ///A/ "to" 950506 Hello