HomeMy WebLinkAbout961960.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Marie Koolstra that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1126
NAME: Western Wireless ;
r
ADDRESS: 2323 Delgany St.
Denver, CO 80216
REQUEST: A Site Specific Development Plan and Special Use Permit for a 70' monopole 'radio
communications tower and equipment structure in the A(Agricultural)zone district.
LEGAL DESCRIPTION: Part of the NW4 of Section 35, T4N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of and adjacent to the 1-25 frontage road; approximately 1/2 mile north of WCR 38.
be recommended favorably to the Board of County Commissioners 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, as amended.
2. It is the opinion of the of Planning Commission that the applicant has shown compliance with Section 24.3
of the Weld County Zoning Ordinance, as amended, as follows:
A) Section 24.3.1.1- This proposal is consistent with the Weld County Comprehensive Plan, as
amended. This proposal is not an incompatible land use that will cause undue interference on
the surrounding land uses, as stated in A.Policy 1.
B) Section 24.3.1.2- This proposal is consistent with the intent of the A(Agricultural)zone district.
A monopole radio communications tower and equipment structure is allowed as a Use by Special
Review in the A (Agricultural) zone district. This proposal is also consistent with A.Goal 1 by
minimizing the amount of productive agricultural ground that is being taken out of production, and
by locating in immediate proximity to other similar land usesih the area.
C) Section 24.3.1.3- The uses which will be permitted are compatible with the existing surrounding
land uses. The surrounding area consists of another wireless communication tower(US West)
directly to the south, and an AT&T microwave communications facility adjacent to the US West
facility. This proposal is also consistent with A.Policy 4.1.8 of the Weld County Comprehensive
Plan,as amended,which addresses the clustering of uses when conversion from agricultural land
to some other use occurs.
D) Section 24.3.1.4- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone district and with the future
development as projected by the Comprehensive Plan or Master Plan of affected municipalities.
This proposal will likely have little or no effect on the agricultural production of the remainder of
the site. The site itself is low maintenance, and will not cause interference with the agricultural
activities associated with the remainder of the agricultural land.
961960
RESOLUTION, USR-1126
Western Wireless
Page 2
Furthermore, the site location is consistent with other similar uses in the area and
should not in any way inhibit agricultural production on the property.
E) Section 24.3.1.5- This proposal is not located within the Overlay District Areas identified by maps
officially adopted by Weld County.
F) Section 24.3.1.6- The applicant has demonstrated a diligent effort to conserve productive
agricultural land by the design of the site. The site is .069 of an acre in size, and will take little
agricultural ground out of production, both by its small size and by its physical location.
G) Section 24.3.1.7- The Design Standards (Section 24.5 of the Weld County Zoning Ordinance,
as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as
amended) Conditions of Approval, and Development Standards ensure that there is adequate
provision for the protection of the 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 Planning Commission's 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. Prior to recording the plat:
A. The applicant shall apply for and receive approval of a Subdivision Exemption for a Major Facility
of a Public Utility to create the parcel the applicant intends to lease.
B. The culvert size as shown on the plat maps shall be changed to 18" in diameter, and the access
must be at least 16' wide, in accordance with a referral from the Colorado Department of
Transportation, dated August 28, 1996. Both must be delineated on the plat.
C. The applicant shall obtain an access permit from the Colorado Department of Transportation. If
new utility lines or connections are necessary within the state highway right-of-way, a utility permit
will be required, in accordance with a referral from the Department of Transportation, dated August
28, 1996.
D. The applicant shall comply with any applicable requirements as stated in a referral response from
the Weld County Sheriffs Office, dated August 22, 1996.
E. The applicant shall submit an access easement agreement to the Department of Planning
Services between the applicant and the U.S.West site directly adjacent to the south. The access
shall be delineated on the plat.
F. The applicant shall submit adequate evidence that the access through the U.S. West site is
acceptable to the Colorado Department of Transportation and the Mountain View Fire Protection
District.
961960
RESOLUTION, USR-1126
Western Wireless
Page 3
3. The applicant shall install a padlock for fire department access to the interior of the fenced area, in
accordance with a referral from the Mountain View Fire Protection District, dated August 13, 1996.
The applicant shall notify the Fire Marshall when the padlock is in place.
4. The applicant shall mount one-twenty pound (2-B) rated Carbon Dioxide fire extinguisher on a post
separate from the fence, and inside the gate. The Fire Marshall shall be contacted for approval of
the proposed location prior to installation, in accordance with a referral from the Mountain View Fire
Protection District, dated August 13, 1996.
5. The site shall maintain compliance with the Mountain View Fire Protection District's standard for fire
apparatus access roads which includes an all-weather surface which shall be a minimum of twenty
feet(20')wide, shall have an unobstructed clearance of at least thirteen feet, six inches (13'6"), and
shall be capable of supporting at least sixty thousand pounds(60,000 lbs.) Fire apparatus roads shall
meet the requirements of a referral response from the Mountain View Fire Protection District, dated
August 13, 1996.
6. 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.
Motioned seconded by Rusty Tucker.
VOTE:
For Passage Against Passage
Cristie Nicklas
Fred Walker
Marie Koolstra
Rusty Tucker
Shirley Camenisch
Arlan Marrs
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Jill Boshinski, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 17, 1996.
Dated the 17th of September, 1996.
I Boshinski
Secretary
961960
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Western Wireless
USR-1126
1. The Site Specific Development Plan and Special Use Permit is for a 70' monopole radio
communications tower and equipment structure in the A(Agricultural)zone district, as indicated in
the application materials.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance.
3. The applicant shall comply will all requirements as stated in a referral from the Weld County Sheriffs
Office, dated August 22, 1996.
4. The site shall maintain compliance at all times with the Mountain View Fire Protection District's
standard for fire apparatus access roads which includes an all-weather surface which shall be a
minimum of twenty feet(20')wide, shall have an unobstructed clearance of at least thirteen feet, six
inches (13'6"), and shall be capable of supporting at least sixty thousand pounds (60,000 lbs.)
5. One-twenty pound (2-B) rated Carbon Dioxide fire extinguisher shall be maintained on the site at all
times in accordance with a referral from the Mountain View Fire Protection District, dated August 13,
1996.
6. A padlock for fire department access shall be maintained on the site at all times in accordance with
a referral from the Mountain View Fire Protection District, dated August 13, 1996.
7. All liquid and solid wastes 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.
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
10. Fugitive dust shall be controlled on this site.
11. The maximum permissible noise level shall not exceed the residential limit of 55 db (A) as measured
according to Section 25-12-102 of the Colorado Revised Statutes.
12. Adequate site distance in both directions in accordance with a referral from the Colorado Department
of Transportation dated August 28, 1996, shall be maintained.
13. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 24.6 of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS, USR-1126
Western Wireless
Page 2
15. 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.
16. 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 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.
17. 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.
961960
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