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Home My WebLink About970987.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant KKDD-FM Broadcasters Case Number USR-1143 Submitted or Prepared Prior to At Hearing 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 Letters from Surrounding Property and Mineral Owners(4) X e Letter to the Applicant X 3 Legal Notification (2 pages) X 4 Application X 5 Referrals without Comments X a Referral list and letter X b Memo to Case File on Hudson Fire District referral X 6 Referrals with Comments X a Weld County Public Works 3-7-97 X b Weld County Health Department 3-12-97 X 7 DPS Maps Prepared by Planning Technician (3 pages) X 8 Deed (Intent to Lease) X 9 Surrounding Property Owners X 10 Soil Survey X 11 Planning Commission Exhibits X a Letter from Douglas Friednash X b Letter from James Ries Jr. X c Letter from William Swartz X d Letter from Raymond& Constance Guest X e Letter from James and Sloan X 970987 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 April 15, 1997. Kerri D. Keithley ❖ Current anner STATE OF COLORADO ) 1IiNI1 y,,,OF WELD ) `�$4<**"4:16SCRBertrid SWORN TO BEFORE ME THIS day of aim 19it. *9AARfr •. PVBL\Goo`_ ,,,a 0f coO a,.� NOT PUBLIC �l'44utu11N", MY COMMISSION EXPIRES 0 1./ Q 4i/a 970987 LAND USE APPLICATION 111k. SUMMARY SHEET COLORADO PLANNER: Kerri Keithley CASE NUMBER: USR-1143 P.C. HEARING DATE: April 15, 1997 APPLICANT: KKDD-FM Broadcasters c/o Robert Zellmer ADDRESS: P.O. Box 2475 822 7th Street, Suite 740 Greeley, Co. 80632 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: S2 NE4 SE4 of Section 24, T2N, R65W of the 6th P.M., Weld County, CO. LOCATION: West of and adjacent to WCR 49, approximately 1 Ya mile north of 1-76 SIZE OF PARCEL: 20 +/- acres PARCEL NUMBER: 1307 24 000027 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 has received responses from the following agencies: 1. Weld County Health Department 2. Weld County Public Works 3. Hudson Fire Protection District(Verbal Response documented) The Department of Planning Services has not received responses from the following agencies: 1. Federal Aviation Administration 2. Federal Communication Commission 3. Planning Commissioner, Jack Epple The Department of Planning Services has received two letters from surrounding property owners and one letter from a representative of a mineral owner in opposition of this request. These letters are included in the comments section of this packet. 970987 Att*:. WIIDc SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: Kerni Keithley CASE NUMBER: USR-1143 HEARING DATE: April 15, 1997 APPLICANT: KKDD-FM Broadcasters ADDRESS: P.O. Box 2475 822 7th Street, Suite 740 Greeley, Co. 80632 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: Pt. 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 WCR 49, approximately 1 1/4 miles north of 1-76 SIZE OF LEASE SITE: 20 +/- acres PARCEL NUMBER: 1307 24 000027 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. 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 97OS 37 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 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 FAA. 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 Department of Planning Services's staff recommendation for approval is conditional upon the following: 97o:98 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. 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: 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. F. The mobile home permitted as an accessory to the farm for a hog operation, 37O5s7 Page 4 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. 3 i 0ns7 Page 5 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. 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. 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 9'7098 Page 6 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. (erlittE DEPARTMENT OF PLANNING SERVICES PHONE (970)FAX ( 70) EXT.354051 FAX (TIV) 35FFIIC S WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE ' GREELEY, COLORADO 80631 C. COLORADO February 28, 1997 Robert Zellmer, General Manager KKDD-FM Broadcasters P.O. Box 2475 Greeley, CO 80632 Subject: USR-1143- Request for a Site Specific Development Plan and Special Review Permit for a radio booster station tower over 70 feet in heitrP (493 feet) in the A (Agricultural) zone district on a parcel of land described as the S2 NE4 SE4 of Section 24,T2N, R65W of the 6th P.M.,Weld County, Colorado. Dear Mr. Zellmer: Your application and related materials for the- -equest described above are being processed. I have scheduled a meeting with the Weld County Planning Comrrtossion for April 15, 1997, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, Fr-Sr Floor,Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a rr%,resentative be in attendance to answer any questions the Planning Commission members may have. A representative from the Department of Planmrrg Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visiltne 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 ✓:ace on the property and a second sign posted at the point at which the driveway (access drive) intersects a public- -maintained road right-of-way. The Department of Planning Services' staff wli I make a recommendation concerning this application to the Weld County Planning Commission. This recommemlation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant tc -all the Department of Planning Services' office before the Planning Commission hearing to make arrangements tc -.cxain the recommendation. If you have any questions concerning this mattt?r. please call. Respec u Kerri Keithley Current Planner KDK/TP 370987 FIELD CHECK FILING NUMBER: USR-1143 DATE OF INSPECTION: H/41 97 APPLICANT'S NAME: KKDD-FM Broadcasters (Robert Zellmer) CURRENT PLANNER: Kerri Keithley REQUEST: A Site Specific Development Plan and Special Review Permit for a radio booster station tower over 70 feet in height (493 feet) in the A (Agricultural) zone district LEGAL DESCRIPTION: 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 1.25 miles north of 1-76 LAND USE: N ZONING: N A (Agricu tural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: 47 em rnF HC-4p,/oar d t r mber 970987 Field Check inspection date: March 28, 1997 Case Number USR- 1143 Applicant KKDD-FM Broadcasters Request SSDP & SRP for a 493' Radio Booster Tower Legal Description S2 NE4 SE4 of Section 24, T2N, R65W Parcel Number 1 307 24 000027 Location West of& adj. to WCR 49, approx. I 1/4 mile north of 1-76 N A (Agricultural) N Dryland pasture E A (Agricultural) E WCR 49, ag production (Center pivot system) S A (Agricultural) S WCR 18, dryland pasture W A (Agricultural) W WCR 47.5, rural residential, dryland pasture Unsafe Conditions: There are no apparent unsafe conditions on the site Comments: The ground in which the tower is proposed is on the crest of a hill, which slopes to the west. On the site, there is one house, one mobile home (ZPMH- 1824), an old shed, trucks and tractors. The site has a barbed wire fence surrounding it. Access is off of WCR 49, a paved collector street with high traffic volume. Kerni D. Keithley + Curr-i ' . ner s7oas7 Hello