HomeMy WebLinkAbout20243281.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Molly Wright
Case Number: USR24-0020
Owners: Kenneth Everitt
53863 County Road 136, Pine Bluffs, WY 82082
Representative: Retherford Enterprises for Verizon c/o Pam Goss
7093 Silverhorn Dr, Evergreen, CO 80439
Hearing Date: November 5, 2024
Request: A Site Specific Development Plan and Use by Special Review Permit for a 250 -foot
Telecommunication Antenna Tower outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Legal Part of the W1/2 of Section 15, Township 10 North, Range 61 West of the 6th P.M., Weld
Descriptions: County, Colorado.
Location:
Acreage:
Approximately 110 feet north of County Road 390; approximately 1.5 miles west of County
Road 95.
Parent Parcel: +/- 190 acres Parcel No. 0291-15-0-00-010
Lease Area: +/- 1750 square feet
The criteria for review of this Use by Special Review are listed in Section 23-2-220 and Section 23-4-1030
of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
❖ Weld County Department of Public Health and Environment, referral dated August 29, 2024
❖ Weld County Department of Planning Services — Development Review, referral dated September 18, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ Weld County Sheriff's Office, referral dated August 28, 2024
❖ Weld County Public Safety Wireless, referral dated September 12, 2024
❖ Weld County Oil and Gas Energy Department, referral dated September 10, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
❖ Town of Grover
❖ Colorado Parks and Wildlife
❖ Division of Water Resources
❖ Pawnee Fire Protection District
❖ West Greeley Conservation District
USR24-0020 — Everitt
Page 1 of 9
CASE SUMMARY:
The applicant is proposing a 250 -foot -tall lattice telecommunication tower. The tower will be self -supported,
topped with a five (5) foot lightning rod and will be placed on a concrete foundation. The application
materials include details regarding a FAA approved lighting kit being installed at the top of the tower. The
proposed communication tower will assist in the coverage and capacity for Verizon near Grover along
County Road 390 and County Road 118 as it is currently unreliable. This facility also includes one (1) 144
square foot walk-in cabinet for necessary equipment and a generator. The facility will be enclosed by a six
(6) foot tall chain -link fence. No chemicals are proposed to be installed on site.
Construction will last for six (6) to eight (8) weeks. During construction, there will be approximately two (2)
trucks on site Monday through Friday between 8:00am and 5:00pm. Following construction, one (1) to two
(2) technicians will visit the site monthly for routine maintenance. Any debris, junk, or wastes associated
with building the project will be removed and disposed of properly prior to completion. No waste will be
produced once the tower is operational. The facility is unmanned, and no water or sewage disposal service
is required. Bottled water and portable toilets will be provided during construction.
The application materials include a decommissioning Plan and a Co -location Plan. The Co -location Plan
will allow other antennas to co -locate on this tower. The application materials indicate that no landscaping,
or screening are proposed. No fall zone is required because the tower meets the 100% setback, that is, the
distance from the tower to the property line is equal to the height of the tower (the dimensions of the lease
area are 35'x50').
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-30.C. - Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the telecommunication antenna tower,
which is an unmanned facility. Once operational, the proposed telecommunication antenna tower
creates minimum noise, no odor, vibration, vermin, dust, or other nuisances. The operation of the
telecommunication antenna tower is it will not impact surrounding property's right to quiet
enjoyment. The current and future oil and gas activity on the property will not be impacted.
Section 22-2-30.C 1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
The proposed telecommunication tower is in a remote area surrounded by grazing lands, and
rangeland.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
USR24-0020 — Everitt
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(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
Section 23-3-40.HH. — Uses by special review, of the Weld County Code includes,
"Telecommunication Antenna Towers requiring approval of a Use by Special Review."
The proposed communication tower will assist in the coverage and capacity for Verizon near Grover
along County Road 390 and County Road 118 as it is currently unreliable.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding properties are zoned A (Agricultural). The land uses include residences,
agricultural uses, and vacant land. The facility is in a remote rural area, with the nearest residences
are located more than half (0.5) a mile from the site.
There is one (1) USR within one (1) mile of the site. To the north of the subject site there is an oil
and gas support and service facility permitted under USR11-0019.
Weld County Department of Planning Services staff sent notice to three (3) surrounding property
owners within 500 feet of the proposed USR boundary. No written correspondence or telephone
calls were received.
The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
The site is not located within a Coordinated Planning Agreement (CPA) area nor is it located within
a three (3) mile referral area of any municipality.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county.
The property is not located within any overlay district officially adopted by the County, including the
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, or Special Flood Hazard Area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The parcel primarily consists of soils classified as Manzanola clay loam (0-3%) slopes (154 acres),
the other soils on the site consist of Avar fine sandy loam (17 acres), Ascalon fine sandy loam (0-
6%) slopes (15 acres), and Stoneham fine sandy loam (0-6%) slopes (2 acres). About 171 acres
of the site is on soils designated as Farmland of Statewide Importance per the USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report. The tower will encompass 1750
square feet on soils designated as Avar fine sandy loam and the remaining acreage will still be kept
as agriculture. After the lease period, the land can be returned to historic uses.
USR24-0020 — Everitt
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G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the operation of this
facility.
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' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
B. The applicant shall submit a recorded copy of any agreement signed by all owners of property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced
on the USR map by the Weld County Clerk and Recorder's Reception number. (Development
Review)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0020. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-830.C of the Weld
County Code. (Department of Planning Services)
5) Show and label the required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240 of the Weld County Code. Include fence and
sign specification details on the map. Refer to the Weld County Sign Code, as amended.
(Department of Planning Services)
6) Show and label the location of the temporary trash collection areas, if applicable. Include
specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County
Code for design criteria. (Department of Planning Services)
USR24-0020 — Everitt
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7) Show and label any on -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent properties. Include lighting
specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County
Code for design criteria. (Department of Planning Services)
8) Show and label any planned oil and gas surface development areas, corridors, access
roadways, for example, part of any executed Surface Use Agreement. (Department of
Planning Services)
9) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
10) County Road 118 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the USR map the existing right-of-way (along with
the creating documents) and the physical location of the road. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
11) County Road 390 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label on the USR map the future and existing rights -of -
way (along with the documents creating the existing right-of-way) and the physical location
of the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Development Review)
12) Show and label the approved tracking control. (Development Review)
13) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Development Review)
14) Show and label the 17 -foot -wide access and utility easement to provide legal access to the
tower site. (Development Review)
15) Show and label the drainage flow arrows. (Development Review)
16) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a paper map along with all other
documentation required as Conditions of Approval. The paper map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The paper map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the required one hundred twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each additional three (3)
month period. (Department of Planning Services)
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4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land.
(Development Review)
USR24-0020 — Everitt
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kenneth Everitt
USR24-0020
1. A Site -Specific Development Plan and Use by Special Review Permit, USR24-0020, for a 250 -foot
Telecommunication Antenna Tower outside of subdivisions and historic townsites in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Co -location of other antennas by other service providers shall be allowed. (Department of Planning
Services)
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. The facility is unmanned and will operate year-round, according to the application materials. Limited
maintenance personnel will visit the site once operational. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department
of Planning Services)
7. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
8. Upon termination of the use of the telecommunication antenna tower, the equipment shelter,
antenna structure, and any associated equipment shall be removed, and the premises restored to
its original condition according to the accepted Decommissioning Plan. (Department of Planning
Services)
9. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
10. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
14. The Road Maintenance for Construction Only Agreement for this site may be reviewed on an
annual basis, including a site visit and possible updates. (Development Review)
USR24-0020 — Everitt
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15. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to runoff rate and velocity increases, diversions, concentration and/or
unplanned ponding of stormwater runoff. (Development Review)
16. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
17. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
18. During construction, no permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
19. During construction, waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County
Code. (Department of Public Health and Environment)
20. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
21. During construction, adequate toilet facilities and handwashing units shall be provided. Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened
from public view, and removed when construction is completed. (Department of Public Health and
Environment)
22. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
23. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
24. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
(Department of Planning Services)
25. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
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27. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial 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 Board of 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.
29. 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.
30. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request
by the landowner."
31. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires. The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated. When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use may
have been terminated, the Planner shall send certified written notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit.
32. In such cases where the Use by Special Review has terminated but the landowner does not agree
to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the
Use by Special Review has terminated and no good cause has been shown for continuing the
permit, then the termination becomes final, and the Use by Special Review Permit is vacated.
USR24-0020 — Everitt
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October 8, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mrwright@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
Pam Goss
7093 Silverhorn Dr.
Evergreen, CO 80439
Subject: USR24-0020 - A Site Specific Development Plan and Use by Special Review Permit for a 250 -
foot Telecommunication Antenna Tower outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART W2 OF SECTION 15, T10N, R61W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 5, 2024 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 18,
2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible 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
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Molly`Wri h
9
Planner
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