HomeMy WebLinkAbout961871.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1126 FOR A 70-FOOT MONOPOLE RADIO COMMUNICATIONS TOWER
AND EQUIPMENT STRUCTURE IN THE A (AGRICULTURAL)ZONE DISTRICT -
WESTERN WIRELESS
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 16th day
of October, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Western Wireless, 2323 Delgany Street, Denver, Colorado 80216, for
a Site Specific Development Plan and Special Review Permit#1126 for a 70-foot monopole
radio communications tower and equipment structure in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Part of the NW1/4 of Section 35, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Don Sizemore at said hearing, 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.
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:
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.
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SPECIAL REVIEW PERMIT#1126 - WESTERN WIRELESS
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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 uses in 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.
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 there is
adequate provision for the protection of the health, safety, and welfare of
the inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT#1126 - WESTERN WIRELESS
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Western Wireless for a Site Specific
Development Plan and Special Review Permit#1126 for a 70-foot monopole radio
communications tower and equipment structure 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
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
inches in diameter, and the access must be at least 16-feet 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 US 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 US West site is acceptable to the Colorado Department of
Transportation and the Mountain View Fire Protection District.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
Ell'
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WELD COUNTY, COLORADO
•IEGI .� +.. Iw Barbara J. Kirkmeyer, hair
�( `nty Clerk to the Board /
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I e EBax_ter, ro- em
__ ._ •eputy Cler Ito the Board
Dale K. Hall /A�?PRO�7�AS TO i--5, C,�Y:.�:cA2 ,
Constance L. Harbert
ounty Attorney iZTh t%�A, iw i 17! )) 2h7)2, I
------.11CH. Webster
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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-foot monopole
radio communications tower and equipment structure in the A (Agricultural) Zone
District, as indicated in the application materials on file.
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.
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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.
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 herein and all applicable Weld County regulations.
16. 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 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.
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