HomeMy WebLinkAbout970986.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker 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-1143
APPLICANT: KKDD-FM Broadcasters, P.O. Box 2475, 822 7th Street, Suite 740
Greeley, CO 80632
PLANNER: Kerni Keithley
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Radio Booster Station
Tower over 70 feet in height (493') in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of Lot A of RE -112 located in part of the S2 NE4 SE4 of Section 24, T2N, R65W
of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 49, approximately 1-1/4 miles north of 1-76.
SIZE OF LEASE SITE: 20 +/- acres
PARCEL NUMBER: 1307 24 000027
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 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. 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 4 feet by 4 feet and the six guy cable anchor
points are all approximately 4 feet by 6 feet. The remainder of the property included in this
application will remain as pasture land. The property is considered non -prime farmground
and will not impact a farming operation.
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. 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
970986
RESOLUTION, USR-1143
KKDD-FM Broadcasters (Robert Zellmer)
Page 2
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 FM.
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. The site is not located within any municipalities urban growth or
planning/referral area.
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.
f. 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.
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. The facility will be surrounded by an eight -foot chain link security
fence kept locked at all times.
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. 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 the 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 Weld County Public Works dated March 7, 1997.
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:
970985
RESOLUTION, USR-1143
KKDD-FM Broadcasters (Robert Zellmer)
Page3
A. The Special Review permit questionnaire shall be amended to address the lighting of and on
the tower as per requirements of 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.
The mobile home permitted as an accessory to the farm for a hog operation, shall be either
removed from the property or the applicant shall submit to the Department of Planning
Services for review and approval, documentation that substantiates the need for the mobile
home on the property.
G. 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.
Motion seconded by Rusty Tucker.
VOTE
For Passage Against Passage
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Shirley Camenisch
Arlan Marrs
Glenn Vaad
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.
970986
RESOLUTION, USR-1143
KKDD-FM Broadcasters (RobertZellmer)
Page 4
CERTIFICATION OF COPY
I, Tammie Pope, 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 April 15, 1997.
Dated the 15th of April, 1997.
�l.-YYI-YYI�IR`
Tammie Pope
Secretary
970aa%
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KKDD-FM Broadcasters, USR-1143
1. The Site Specific Development Plan and Special Use 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 in the Department of Planning Services and subject to the Development Standards
stated hereon.
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. 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, as amended.
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, as amended.
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 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.
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