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HomeMy WebLinkAbout950505.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Curt Moore 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: Am USR-1047 NAME: Denver Television, Inc., KDVR ADDRESS: 501 Wazee, Denver, CO 80204 REQUEST: A Site Specific Development Plan and Special Use Permit for an existing 1'661 transmission tower and transmitter building to remain on site in the A(Agrieultural): zone district. LEGAL DESCRIPTION: A tract of land in the SE/4 of Section 19, T8N, R66W of the 6th P.M., Weld aunty;' Colorado. LOCATION: North and adjacent to Weld County Road 90 and approximately 1/3 mile west of Weld County Road 27. 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. 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 follows: - This proposal is consistent with the Weld County Comprehensive Plans Agricultural Goals and Policies. This proposal will not remove prime agricultural land from production. - This use is consistent with the intent of the A(Agricultural)zone district and is provided for as a Use by Special Review. - This use will be compatible with the existing surrounding land uses which are farming production and dryland pasture. The use will be compatible with future development of the surrounding area as permitted within the A (Agricultural) Zone District. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare 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 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. 950505 RESOLUTION, AM USR-1047 Denver Television, Inc., KDVR Page 2 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. Motion seconded by Bud Clemons. VOTE: For Passage Against Passage Ron Sommer Curt Moore Judith Yamaguchi Jack Epple Marie Koolstra Shirley Camenisch Bud Clemons Richard Kimmel 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 January 17, 1995. ated the 17th of January, 1995. ii Shaw Fra er Secretary 950505 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Denver Television, Inc., KDVR Am USR-1047 1. The Site Specific Development Plan and Special Review permit is for an existing 605'transmission tower and transmission building in the A(Agricultural)Zone District as submitted 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. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled,stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on site. 6. 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. 7. Tower marking and lighting shall be maintained in compliance at all times with Federal Aviation Administration re 8. The use shall conform with all Federal Communications Commission standards and requirements. 9. The use shall conform with all Federal Aviation Administration requirements. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 11. 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. 12. 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. 13. 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. 950505 Hello