HomeMy WebLinkAbout970079.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1134 FORA 130-FOOT MONOPOLE RADIO COMMUNICATION TOWER
AND EQUIPMENT STRUCTURE IN THE A (AGRICULTURAL) ZONE DISTRICT -
WESTERN WIRELESS, CIO DON SIZEMORE
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 15th day
of January, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Western Wireless, do Don Sizemore, 2323 Delgany Street, Denver,
Colorado 80216, for a Site Specific Development Plan and Special Review Permit#1134 for a
130-foot monopole radio communication tower and equipment structure in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of the SE1/4 of Section 17, Township 3 North, Range 66
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. 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.
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SPECIAL REVIEW PERMIT#1134 -WESTERN WIRELESS, C/O SIZEMORE
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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
being taken out of production. The portion of the site utilized for the
Special Review activity appears to be non-productive land.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance 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 its comprehensive plan. Conditions of Approval and Development
Standards will also ensure that the proposed use will remain compatible
with the existing surrounding land uses.
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. As stated
above, this site is located within the referral boundary of the Town of
Platteville, which has indicated that it has 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 1940s. 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-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), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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.
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SPECIAL REVIEW PERMIT#1134 -WESTERN WIRELESS, C/O SIZEMORE
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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, do Don Sizemore, for a Site
Specific Development Plan and Special Review Permit#1134 for a 130-foot monopole radio
communication 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
completed plat shall be delivered to the Department of Planning Services and
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 Road 32. The access road shall be shown as an access
easement and shall be clearly delineated on the plat.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of January, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
N^ WEL COUNTY, COLORADOf/
lArd—
ATTEST. `re
aav a ,4 , 1--- George/E. Baxter, Chair
Weld C nt O ,Sg the BQ
%q
C stance L. Harb; , Pro-Tem
BY: • �/'
Deputy Cler and L i 44 l
Dale K. Hall
AP D AS TO F M: .___4Lnc ‘. ...... , , ,c
/�� ,_ \.__,
,_
Barbara J./Kirkmey�r 26/7 ,, , /
,,
bounty Atto eey // / l'/d (4 0.at rn
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WESTERN WIRELESS, C/O DON SIZEMORE
USR #1134
1. The Site Specific Development Plan and Special Review Permit#1134 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 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. 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) 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.
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.
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 herein and all applicable Weld County regulations.
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DEVELOPMENT STANDARDS -WESTERN WIRELESS, C/O SIZEMORE (USR#1134)
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13. 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 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.
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