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HomeMy WebLinkAbout970163.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Western Wireless Case Number U$R;1134 t ri Iv is Submitted eif ,gared Prior td 0 1 } �t heating Hearing 1 Planning Commission Resolution 2 Comments X a Land Use Application Summary Sheet X b Special Review Permit Administrative Review X c Field Check X d Letter to the Applicant X 3 Legal Notification (2 pages) X 4 Application (13 pages) X 5 Referrals without Comments X a Referral list and letter X b Weld County Building Inspection X c Town of Platteville X 6 Referrals with Comments X b Weld County Public Works 10--23-96 X c Weld County Health Department 10-8-96 X d West Greeley Soil Conservation District (9pages) X e Weld County Building Inspection 11-14-96 X 7 DPS Maps Prepared by Planning Technician (3 pages) X 8 Deed X 9 Surrounding Property Owners X 10 Soil Survey X 11 Planning Commission Exhibits X 970163 I hereby certify that the 11 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 December 5, 1996. Kerri D. Keithley' STATE OF COLORADO ) "Q ,,icAl„ gloOF WELD ) �M nh ,•`.j�"SUISSORlBgi2and SWORN TO BEFORE ME THIS day of 'i caXPRy e.e m pl/6L%G i %%%%%ui.rwMMr OF cod> 40 MY COMMISSION EXPIRES NOrA TARY PUBLIC MY COMMISSION,EXPIRES MARCH 4, 1997 970163 LAND USE APPLICATION SUMMARY SHEET CASE NUMBER: USR-1134 HEARING DATE: December 3, 1996 APPLICANT: Western Wireless (Don Sizemore) ADDRESS: 2323 Delgany St. Denver, Co. 80216 REQUEST: A Site Specific Development Plan and a Special Review Permit for a 130 foot monopole radio communication tower and equipment structure in the A (Agricultural) zone district. LEGAL DESCRIPTION: Pt. of the SE4 of Section 17, T3N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1.2 miles east of Colorado State Highway 85, north of and adjacent to Weld County Road 32. SIZE OF PARCEL: Approximately 0.04 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. Weld County Public Works Department 2. Weld County Health Department 3. Weld County Building Inspection 4. Town of Platteville The Department of Planning Services' staff has not received responses from the following agencies: 1. Weld County Emergency Management 2. Platteville Fire Protection District 3. Brighton Soil Conservation District 4. Federal Aviation Administration 5. Federal Communication Commission 970163 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW PLANNER: Kerri Keithley CASE NUMBER: USR-1134 HEARING DATE: December 3, 1996 APPLICANT: Western Wireless (Don Sizemore) ADDRESS: 2323 Delgany St. Denver, Co. 80216 REQUEST: A Site Specific Development Plan and a Special Review Permit for a 130 -foot monopole radio communication tower and equipment structure in the A (Agricultural) zone district. LEGAL DESCRIPTION: Pt. of the SE4 of Section 17, T3N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1.2 miles east of Colorado State Highway 85, north of and adjacent to Weld County Road 32. SIZE OF PARCEL: Approximately 0.04 acres, more or less. PARCEL NUMBER: 1211 17 000016 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, as amended. 2. It is the opinion of the Department of Planning Services's staff 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 and does not appear to present any 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. The portion of the site utilized for the Special Review activity appears to be non -production land. 970163 USR-1134 Western Wireless Page 2 c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended and will be compatible with future development of the surrounding area. The proposal is located within the referral boundary of the Town of Platteville. The Town of Platteville has reviewed this proposal and has indicated that the request is consistent with their comprehensive plan. Conditions of Approval and Development Standards will also ensure that the proposed use will remain compatibly with the existing surrounding land uses. 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 districts and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. As stated above, this site is located within the referral boundary of the Town of Platteville, who has indicated that they have no conflicts with this request. This proposal will likely have little or no effect on the agricultural production of the remainder of the site. The placement of the Special Review activity is on a non- productive portion of the site and is clustered near a gas well facility. There are three residences on the property; two houses and one mobile home. The mobile home was permitted in 1979 as an accessory to the farm mobile home zoning permit. Mr. Olin has indicated that the older home, in which a hired hand resides, has existed on the site since the 1940's. A Non -Conforming Use status has not been set up for the residence.. e. Section 24.3.1.5 -- The 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. The site is 0.04 of an acre in size and as stated above, will take little if any agricultural ground out of production. 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 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's staff recommendation for approval is conditional upon the following: 970163 USR-1 134 Western Wireless Page 3 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. Prior to recording the plat: 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 Special Review activity shall utilize the existing access point off of Weld County 32. The access road shall be shown as an access easement and shall be clearly delineated on the plat. 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. 9701_63 USR-1134 Western Wireless Page 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Western Wireless, USR-1134 1. The Site Specific Development Plan and Special Use Permit is for a 130 -foot monopole radio communication tower and equipment structure in the A (Agricultural) zone district, as indicated 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, as amended. 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. S. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of required septic permits(s). In the event the system(s) is found to be inadequate, system(s) must be brought into compliance with current Individual Sewage Disposal System regulations. 9. The applicant shall provide adequate toilet facilities (porta-potty) during construction of the facility. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. 12. 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. 970163 USR-1134 Western Wireless Page 5 13. 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. 14. 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. 970163 Field Check inspection date: Nov. 18, 1996 Case Number USR- 1134 Applicant Western Wireless Request 130 -foot monopole Legal Description Pt. SE4 of Section 17, T3N, R66W Parcel Number 1 121 17 000016 Location Approx. I .2 miles east of Hwy. 85, north of & adj. to WCR 32 dd1Yd li�Iv =I=lv ili iihtui;illEb'Vry iii i BikCidl�Y ��ic�,i d3tF�lUkii{iai�: N A (Agricultural) I, E A (Agricultural) S A (Agricultural) W A (Agricultural) Unsafe Conditions: Y� B'il`k N Ag. land E Ag land and residential S Residential, farm equipment storage W Ag. land There are no apparent unsafe conditions on the site other than the 130' tower only 107' from the road. Comments: On site there are two houses, a mobile home (Z-239), a large garage for farm equipment, a metal barn, a gas pump, several tractors, pipes, and a gas well. The cellular tower was staked out on the site. It is next to the gas well. The site is an unproductive portion of the property. The access appears to b from the ma'• access to the site on WCR 32. Kerni D. Keithley •• Curren Planner 970163 WIDc. COLORADO October 2, 1996 Don Sizemore - Koll Telecom Western Wireless PCSIII 2323 Dalgany Street Denver, CO 80216 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: USR-1134 - Request for a Site Specific Development Plan and a Special Review Permit for a 130 foot monopole radio communication tower and equipment structure in the A (Agricultural) zone district on a parcel of land described as part of the SE4 of Section 17, T3N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Sizemore: 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 December 3, 1996, 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 members may 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 Town of Platteville Planning Commission for its review and comments. Please call Lane Danielzuk, at (970) 785-2245, 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. 3701 €3 Western Wireless October 2, 1996 Page 2 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. Kerri D. Keithley Current Planner KDK/sef 970163 Hello