HomeMy WebLinkAbout20243279.tiffRESOLUTION
RE: APPROVE 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 - KENNETH EVERITT,
CIO VERIZON 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 18th day of
December, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kenneth Everitt, 53863 County Road 136, Pine Bluffs, Wyoming 82082,
c/o Verizon Wireless, 9656 South Prosperity Road, West Jordan, Utah 84081, for 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, on the following described real estate, being more particularly
described as follows:
Part of the W1/2 of Section 15, Township 10 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Pam Goss,
Retherford Enterprises, 7093 Silverhorn Drive, Evergreen, Colorado 80439, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-30.C states: "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
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telecommunication antenna tower creates minimum noise, no odor,
vibration, vermin, dust, or other nuisances. The operation of the
telecommunication antenna tower will not impact surrounding
property owners' right to quiet enjoyment. The current and future oil
and gas activity on the property will not be impacted.
2) Section 22-2-30.C.1 states: "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 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, 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 (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."
2) Section 23-3-40.HH — Uses by Special Review, of the Weld County
Code include, "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 (CR) 390 and CR 118,
as it is currently unreliable.
C. Section 23-2-230.6.3 — 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 located more than one-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 (SPOs) 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 Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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D. Section 23-2-230.6.4 — The uses which will 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 located within a three (3) mile referral area of the Town of Grover. The
Town of Grover did not respond to the referral request. This site is not
located within an Intergovernmental Agreement (IGA) or Coordinated
Planning Agreement (CPA) area of any municipality.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23 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, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 — 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 1,750 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.
G. Section 23-2-230.B.7 — 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
there are adequate provisions for the protection of the 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 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kenneth Everitt, c/o Verizon Wireless, fora 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, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
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.
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.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0020.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-830.C of the Weld County Code.
5) The applicant shall 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.
6) The applicant shall 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.
7) The applicant shall 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.
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8) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, for example, part
of any executed Surface Use Agreement.
9) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
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 the existing right-of-way (along with the creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
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 the future and existing rights -of -way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the USR map. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
12) The applicant shall show and label the approved tracking control.
13) The applicant shall 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.
14) The applicant shall show and label the 17 -foot -wide access and
utility easement to provide legal access to the tower site.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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
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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 120 days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 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.
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.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. A Weld County Grading Permit shall be acquired if disturbing more than
one (1) acre of land.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddeksj
Weld County Clerk to the Board
BY:Ottrdill • Wa i (A) sJ Ck
Deputy Clerk to the Board
AP ED
ounty Attor er/
Date of signature:
Kevin Ross, Chair
Perry L. B ` , Pro-Tem
Mike Freeman
EXCUSED
Scott K. James
sine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH EVERITT,
C/O VERIZON WIRELESS
USR24-0020
1 Site Specific Development Plan and Use by Special Review Permit, USR24-0020, is 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.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. Co -location of other antennas, by other service providers, shall be allowed.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel will visit the site, once operational.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
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.
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.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
13. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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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.
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.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
19. During construction, waste materials shall be handled, stored, and disposed of 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 I of the Weld County Code.
20. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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 have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation 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, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
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24. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
25. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
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.
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 the Department 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
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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.
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