HomeMy WebLinkAbout20243280.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Biwer, 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: USR24-0020
Applicant: Kenneth Everitt, c/o Verizon Wireless
Planner: Molly Wright
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 Description: Part of the W1/2 of Section 15, Township 10 North, Range 61 West of the 6th P.M.,
Weld County, Colorado.
Location: Approximately 110 feet north of County Road 390; approximately 1.5 miles west
of County Road 95.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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
(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.
Resolution USR24-0020
Kenneth Everitt, c/o Venzon Wireless
Page 2
The surrounding properties are zoned A (Agricultural) The land uses include residences,
agricultural uses, and vacant land The facility ism 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 located within a three (3) mile referral area of the Town of Grover The Town of Grover
did not respond to the referral for this project This site is not located within a IGA, or CPA 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, I-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 A6 -- 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
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
Resolution USR24-0020
Kenneth Everitt, do Venzon Wireless
Page 3
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 Planning Commission 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)
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)
Resolution USR24-0020
Kenneth Everitt, c/a Venzon Wireless
Page 4
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 traders) 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)
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 budding 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)
Resolution USR24-0020
Kenneth Eventt, do Venzon Wireless
Page 5
Motion seconded by Cindy Beemer
VOTE
For Passage
Butch White
Michael Wailes
Michael Palau
Barney Hammond
Michael Biwer
Cindy Beemer
Against Passage
Absent
Pamela Edens
Virginia Guderjahn
The Chair 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 Copv
I, Kristine Ranslem, 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 November 5, 2024
Dated the 5t' of November, 2024
4.te�1 [mil APL
Kristine Ranslem
Secretary
Resolution USR24-0020
Kenneth Everitt, c/o Ver¢on Wireless
Page 6
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)
Resolution USR24-0020
Kenneth Everitt, do Venzon Wireless
Page 7
15 The historical flow pattems 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) 1
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)
I
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) j
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) i
i
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 struct! res, 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 oft 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 th'e 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)
Resolution USR24-0020
Kenneth Everitt, do Venzon Wireless
Page 8
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
Summary of the Weld County Planning Commission Meeting
Tuesday, November 5, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Michael Palizzi, Barney Hammond, Michael Biwer, Cindy Beemer.
Absent: Pamela Edens, Virginia Guderjahn.
Also Present: Diana Aungst and Molly Wright, Department of Planning Services, Lauren Light, Department
of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0020
Kenneth Everitt; do Verizon Wireless
Molly Wright
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.
Part of the W1/2 of Section 15, Township 10 North, Range 61 West of the 6th P.M.,
Weld County, Colorado.
Approximately 110 feet north of County Road 390; approximately 1.5 miles west
of County Road 95.
Molly Wright, Planning Services, presented Case USR24-0020, reading the recommendation and
comments into the record. Ms. Wright noted that no correspondence or phone calls were received
regarding this application from surrounding property owners. The Department of Planning Services
recommends approval of this application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Pam Goss, Retherford Enterprises Inc., 7093 Siverhorn Drive, Evergreen, Colorado, stated that she
represents Verizon Wireless and the landowner. Ms. Goss stated that they are proposing a 250 -foot self-
supporting tower and walk in cabinet for ground equipment and exterior diesel generator on site. She
added that the tower will be capable of supporting multiple carriers.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR24-0020 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Biwer, Seconded by Cindy Beemer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes.
Meeting adjourned at 3:47 p.m.
Respectfully submitted.
dS\icthnL' tYt*ViiLilit
Kristine Ranslem
Secretary
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