HomeMy WebLinkAbout970952.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1143 FOR A RADIO BOOSTER STATION TOWER OVER 70 FEET IN
HEIGHT (493') IN THE A (AGRICULTURAL) ZONE DISTRICT - KKDD-FM
BROADCASTERS, CIO ROBERT ZELLMER
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 14th day
of May, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of KKDD-FM Broadcasters, c/o Robert Zellmer, 822 7th Street,
Suite 740, P.O. Box 2475, Greeley, Colorado 80632, for a Site Specific Development Plan and
Special Review Permit #1143 for a radio booster station tower over 70 feet in height (493') in
the A (Agricultural) Zone District on the following described real estate, to -wit:
Part of Lot A of RE #112, located in part of the S1/2 NE1/4
SE1/4 of Section 24, Township 2 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented at said hearing by Robert Zellmer, General
Partner, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
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970952
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SPECIAL REVIEW PERMIT #1143 - KKDD-FM BROADCASTERS, C/O ZELLMER
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
Section 24.3.1.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. The site is zoned A (Agricultural) and is a non -
irrigated pasture area, containing non -prime soils. The proposed use
does not remove prime farmland from production, consistent with
A.Goal 1 of the Comprehensive Plan.
B. Section 24.3.1.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. The proposed use is provided for by
approval of a Use by Special Review Permit. The footings of the tower
are approximately four feet by four feet and the six guy -cable anchor
points are all approximately four feet by six feet. The remainder of the
property included in this application will remain as pasture land. The
property is considered non -prime farm ground and will not impact a
farming operation.
Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance and will be compatible with future
development of the surrounding area. Surrounding land uses include an
old Special Use Permit (SUP #3) for a hog operation, permitted on the
proposed site as well as on land adjacent to the north of the site, and a
Special Use Permit (SUP #79), located to the northwest of the site, also
for a hog operation. The applicant has submitted a letter to vacate the
portion of SUP #3 which lies on their property. The Conditions of
Approval and Development Standards will minimize any negative
aesthetic impacts to the site and the surrounding land uses, which are
residential and agricultural. There will be two flashing red lights on the
tower (one on the top and one at mid -level) and two small red lights that
do not flash, located at a 1/4 and 3/4 of the way up on the tower. These
lights have met the approval of the FAA.
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. The site
is not located within any municipality's urban growth or planning/referral
area.
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SPECIAL REVIEW PERMIT #1143 - KKDD-FM BROADCASTERS, C/O ZELLMER
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E. Section 24.3.1.5 -- The slight portion of the proposed site lies within the
Flood Hazard Overlay District identified by FEMA map number
080266 0900C, officially adopted by Weld County. Any development
inside of the 100 -year floodplain, as identified on this map, will require a
Flood Hazard Development Permit.
Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The soils on this site are
considered to be non -prime soils and, as stated above, the land is
non -irrigated pasture ground.
Section 24.3.1.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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. The facility will be surrounded by an eight -
foot chain -link security fence kept locked at all times.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of KKDD-FM Broadcasters, c/o Robert Zellmer, for
a Site Specific Development Plan and Special Review Permit #1143 for a radio booster station
tower over 70 feet in height (493') in the A (Agricultural) Zone District on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
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
completed 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. The applicant shall utilize an existing access to the site. No additional accesses
shall be granted.
4. The access road to the facility shall be a graded and drained all-weather road, as
indicated in a referral from the Weld County Public Works Department dated
March 7, 1997.
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SPECIAL REVIEW PERMIT #1143 - KKDD-FM BROADCASTERS, C/O ZELLMER
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5. Any future additions to the radio tower shall require a letter from a Colorado
licensed engineer certifying that the addition will not cause any structural
deficiencies to the tower.
6. Prior to recording the Special Review plat:
A. The Special Review Permit questionnaire shall be amended to address
the lighting of and on the tower as per requirements of the FAA.
B. The Special Review plat map shall be amended to include all of the
requirements of the plot plan map listed in Section 24.7.4.5 of the Weld
County Zoning Ordinance, the boundary of the Special Review activity,
the location and distance of the six guy -cable anchors from the tower as
identified in the application, and all lighting appurtenances on the tower.
C. The applicant shall submit a screening/landscape plan for review and
approval by the Department of Planning Services which includes the
type/species, number, size, and location of the proposed landscape
materials to mitigate the visual impact of the site on the existing and
future surrounding land uses. The plan shall include a detailed
description of how the proposed landscaping will be maintained.
D. The applicant shall submit to the Department of Planning Services a
license agreement or a subdivision exemption for the site. The license
agreement shall be reviewed and approved by the County Attorney's
Office.
E. The existing Special Use Permit (SUP #3) on the site, which was for a
hog operation, shall be vacated. The vacation of this permit shall be
performed at a Probable Cause/Show Cause Hearing before the Board of
County Commissioners.
F. The mobile home permitted as an accessory to the farm for a hog
operation shall be either removed from the property or the property owner
shall submit to the Department of Planning Services for review and
approval documentation that substantiates the need for the mobile home
on the property.
The Special Review plat map shall be amended to show a setback and
offset of 500 feet from the Special Review Permit area to the base of the
tower in order to ensure that, in the event that the tower collapses, the
structure will remain within the Special Review Permit area.
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SPECIAL REVIEW PERMIT #1143 - KKDD-FM BROADCASTERS, C/O ZELLMER
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of May, A.D., 1997,
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld CduntYtt
BY
my Attorn
WELD AUNTY, CO/D 4 ,
W. H. Webster
. Baxter, Chair
arbara J. Kirkmeyer
970952
PL1143
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KKDD-FM BROADCASTERS, C/O ROBERT ZELLMER
USR #1143
1. The Site Specific Development Plan and Special Review Permit is for a radio booster
station tower over 70 feet in height (493') in the A (Agricultural) Zone District, as
indicated 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. 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.
8. The applicant shall provide adequate toilet facilities (porta-potty) during construction of
the facility.
9. The all-weather access road shall be maintained at all times.
10. The site shall maintain compliance with FCC and FAA requirements at all times.
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 herein and all applicable Weld County regulations.
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DEVELOPMENT STANDARDS - KKDD-FM BROADCASTERS, C/O ZELLMER (USR #1143)
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14. The Special Review area shall be limited to the plans shown herein 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.
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.
970952
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