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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO4R13'
Moved by Ann Garrison that the following resolution be introduced for passage by the V1g,d, 4l-inty
Planning Commission. Be it resolved by the Weld County Planning Commission that tha adpIistion for:
CASE NUMBER: USR-1134
APPLICANT: Western Wireless (Don Sizemore)
PLANNER: Kerri Keithley
ADDRESS: 2323 Delgany Street, 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.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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 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.
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.
970161
RESOLUTION, USR-1134
Western Wireless (Don Sizemore)
Page 2
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 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 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:
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 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.
RESOLUTION, USR-1134
Western Wireless (Don Sizemore)
Page 3
c. 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.
Motion seconded by Marie Koolstra.
VOTE
For Passage Against Passage
Cristie Nicklas
Marie Koolstra
Jack Epple
Rusty Tucker
Ann Garrison
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, Sharyn Frazer, 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 December 3, 1996.
Sharyn Frdter
Secretary
ted the 3rd of December, 1996.
970161
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Western Wireless
USR-1134
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.
8. 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.
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.
970161
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