HomeMy WebLinkAbout20221690.tiffPlanner:
Case Number:
Chris Gathman
USR22-0011
LAND USE APPLICATION
SUMMARY
Hearing Date: June 7, 2022
Property Owners: George J Leis Family Trust & Sharon R. Wolever Trust C/O Industrial West; LLC
Request
Legal
Description:
A Site -Specific Development Plan and Use by Special Review Permit for a
Telecommunications Antenna Tower (330 -foot guyed antenna with associated
equipment) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
E2 of Section 25, T9N, R57W of the 6t" PM, Weld County, Colorado
Location South of and adjacent to County Road 102 and west of and adjacent to State Highway
71.
Size of Parcel: ± 317.74 acres Parcel No 047325000009
The criteria for review of this Special Review Permit are listed in Section 23-2-220 the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
V V V V V
U.S. Fish and Wildlife Service, referrals dated 4/26/2022 and 5/10/2022
Weld County Oil and Gas Energy Department, referral dated 3/30/2022
Weld County Public Safety Wireless Communications, referrals dated 3/18/2022 and 3/21/2022
Weld County Department of Public Health and Environment, referral dated 3/18/2022
Weld County Department of Planning Services — Development Review, referral dated 3/18/2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Sheriff's Office; referral date 3/16/2022
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVVVVV
Weld County Zoning Compliance
Colorado Department of Transportation
Federal Communications Commission
Federal Aviation Ad ministration
New Raymer Fire Protection District
Weld County? School District RE -11J
Centennial Conservation District
Warren Air Force Base
USR22-0011, The George J Leis Family Trust & The Sharon RWoleyerTrust C/O Industrial TowerWest LLC
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Case Summary:
Industrial Tower West, LLC is proposing to install a 330 -foot tall guyed cellular/broadband
telecommunication antenna tower. Additionally, a prefabricated equipment structure along with a backup
generator on a concrete pad. A 1,000 -gallon underground propane tank is proposed to supply fuel to the
generator. The proposed tower will be located on a 7 -acre A permanent easement; access and utility
easement for a telecommunications tower and related facilities. This easement agreement was signed by
the property owners in 2021 The easement runs with the property The tower and accessory buildings and
structures will be enclosed by a 6 -foot -high chain -link fence with 3 -strand barbed wire on top. The
application indicates that the proposed tower will part of the Viaero (an affiliate company) wireless cellular
broadband communications network and will enhance cellular performance in the areas north of Stoneham
and improve the ability to support cellular services that require additional 4G capacity The property is
currently vacant without improvements and is in dryland grass. A USR for a coal slurry pipeline (USR-487)
crosses the southern portion of the property (approximately .75 miles from the proposed tower site.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
The submitted materials are in compliance with the application requirements of Section 23-2-260
and Section 23-4-840 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 and any other
applicable code provisions or ordinance in effect
Sec. 22-2-30. - Land Use Goals and Objectives.
C. Harmonize development with surrounding land uses.
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 tower is a significant distance from existing residences.
Sec. 22-2-40. - Economic Development Goa/s and Objectives.
A. Support compatible economic development opportunities.
The proposed tower will improve access to wireless phone, broadband and emergency
services which will enhance work and economic development opportunities in this region.
The tower is in a rural area with no residences or structures nearby.
B. Section 23-2-220.A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
The proposed use is permittable under Section 23-3-40.HH as a Use by Special Review
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
USR22-0011, The George J Leis Family Trust & The Sharon RWoleyerTrust C/O Industrial TowerWest LLC
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agricultural production; and for areas for natural resource extraction and energy development;
without the interference of other, incompatible land uses.
The proposal meets the intent because facility will occupy only a small acreage on the property
and will not impact agricultural production.
C. Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed use is in an area that can support this development and the proposed
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region.
The proposed telecommunication tower is in a remote rural area and is not near existing
residences. Surrounding lands consist of dryland crops and rangelands. The nearest
residences are approximately 2 miles from the proposed tower site.
D. Section 23-2-220.A.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 the Weld County Code and any other applicable
code provisions or ordinances in effect; or the adopted Master Plans of affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A 5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, or a Special Flood Hazard Area. Building Permits issued on
the property 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 proposal is located on approximately 318 acres delineated as "Prime if Irrigated" per the
2020 Natural Resource Conservation Service Soil Survey. The disturbed/developed area
around the tower will be minimal (only 3,000 square feet) with some smaller disturbance areas
where the guy wires will connect to the ground No irrigation is located on the property.
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 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.
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The Department of Planning Services' staff recommendation for approval is conditional upon the following:
Prior to recording the map:
A. The applicant shall attempt to add ressthe comments of the Weld County Oil and Gas Energy
Department (OGED) as stated in their referral comments dated 3/30/2022. Written evidence
of such shall be provided to the Department of Planning Services. (Weld County Oil and Gas
Energy Department)
B. The applicant shall attempt to address the comments of the US Fish and Wildlife Service as
stated in their referral dated 5/10/2022. Written evidence of such shall be provided to the
Department of Planning Services. (US Fish and Wildlife Service)
C. The map shall be amended to delineate the following
1. All sheets of the map shall be labeled USR22-0011 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. CR 102 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 site map or plat the future and existing right-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)
5. Show the Colorado Department of Transportation (CDOT) right-of-way on the map
along with the documents creating the right-of-way. (Development Review)
6. Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain an access permit
in the approved location prior to construction (Development Review)
7. 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 thirty-five (35)
feet. (Development Review)
8. Show and label the approved tracking control on the site plan. (Development Review)
9. Show and label the drainage flow arrows (Development Review)
10. 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 Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
USR22-0011, The George J Leis Family Trust & The Sharon RWoleyerTrust C/O Industrial TowerWest LLC
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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 Mylar 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 specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. Prior to Operation
A. Bird diverters shall be installed on the guy wires associated with the tower. (Department of
Planning Services)
5. The Use by Special Review Permit 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 plat 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
George J Leis Family Trust & Sharon R. Wolever Trust C/O Industrial West, LLC
USR22-0011
A Site -Specific Development Plan and Use by Special Review Permit, USR22-0011, for a
Telecommunications Antenna Tower (330 -foot guyed antenna with associated equipment) 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. This is an unmanned facility (Department of Planning Services)
4. Collocation of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
5. The bird diverters on the guy wires shall be maintained. (Department of Planning Services)
6. 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 Decommissioning Plan. (Department of Planning Services)
7. 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)
8. 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)
9. There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized.
(Development Review)
10. Prior to the release of building permits, the applicant shall be required to submit completecommercial
access application forthe "preliminarily ap proved" access location as shown on this plan. (Development
Review)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
12. 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. (Environmental Health)
13. 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. (Environmental Health)
14. 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.
(Environmental Health)
15. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the tower (Environmental Health)
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16. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets
are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County, shall contain
hand sanitizers, be screened from public view, and be removed upon completion of construction. (EH)
17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Environmental Health)
18. 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)
19. Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
20. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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 off ice of the Department
of Planning Services
23. The property owner oroperatorshall be responsiblefor complying with all oftheforegoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
24. 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.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources; including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes; minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
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26. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for ag riculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness; wildlife; lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, thosefeatures which attract urban
dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodatethe intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts; including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields; including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102; C.R S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be; the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hund red (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas; in many cases, will not be equivalent to municipal services. Rural
dwellers must; by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines; territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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Planner:
Case Number:
Chris Gathman
USR22-0011
LAND USE APPLICATION
SUMMARY
Hearing Date: June 7, 2022
Property Owners: George J Leis Family Trust & Sharon R. Wolever Trust C/O Industrial West; LLC
Request
Legal
Description:
A Site -Specific Development Plan and Use by Special Review Permit for a
Telecommunications Antenna Tower (330 -foot guyed antenna with associated
equipment) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
E2 of Section 25, T9N, R57W of the 6t" PM, Weld County, Colorado
Location South of and adjacent to County Road 102 and west of and adjacent to State Highway
71.
Size of Parcel: ± 317.74 acres Parcel No 047325000009
The criteria for review of this Special Review Permit are listed in Section 23-2-220 the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
V V V V V
U.S. Fish and Wildlife Service, referrals dated 4/26/2022 and 5/10/2022
Weld County Oil and Gas Energy Department, referral dated 3/30/2022
Weld County Public Safety Wireless Communications, referrals dated 3/18/2022 and 3/21/2022
Weld County Department of Public Health and Environment, referral dated 3/18/2022
Weld County Department of Planning Services — Development Review, referral dated 3/18/2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Sheriff's Office; referral date 3/16/2022
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVVVVV
Weld County Zoning Compliance
Colorado Department of Transportation
Federal Communications Commission
Federal Aviation Ad ministration
New Raymer Fire Protection District
Weld County? School District RE -11J
Centennial Conservation District
Warren Air Force Base
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Case Summary:
Industrial Tower West, LLC is proposing to install a 330 -foot tall guyed cellular/broadband
telecommunication antenna tower. Additionally, a prefabricated equipment structure along with a backup
generator on a concrete pad. A 1,000 -gallon underground propane tank is proposed to supply fuel to the
generator. The proposed tower will be located on a 7 -acre A permanent easement; access and utility
easement for a telecommunications tower and related facilities. This easement agreement was signed by
the property owners in 2021 The easement runs with the property The tower and accessory buildings and
structures will be enclosed by a 6 -foot -high chain -link fence with 3 -strand barbed wire on top. The
application indicates that the proposed tower will part of the Viaero (an affiliate company) wireless cellular
broadband communications network and will enhance cellular performance in the areas north of Stoneham
and improve the ability to support cellular services that require additional 4G capacity The property is
currently vacant without improvements and is in dryland grass. A USR for a coal slurry pipeline (USR-487)
crosses the southern portion of the property (approximately .75 miles from the proposed tower site.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
The submitted materials are in compliance with the application requirements of Section 23-2-260
and Section 23-4-840 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 and any other
applicable code provisions or ordinance in effect
Sec. 22-2-30. - Land Use Goals and Objectives.
C. Harmonize development with surrounding land uses.
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 tower is a significant distance from existing residences.
Sec. 22-2-40. - Economic Development Goa/s and Objectives.
A. Support compatible economic development opportunities.
The proposed tower will improve access to wireless phone, broadband and emergency
services which will enhance work and economic development opportunities in this region.
The tower is in a rural area with no residences or structures nearby.
B. Section 23-2-220.A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
The proposed use is permittable under Section 23-3-40.HH as a Use by Special Review
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
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agricultural production; and for areas for natural resource extraction and energy development;
without the interference of other, incompatible land uses.
The proposal meets the intent because facility will occupy only a small acreage on the property
and will not impact agricultural production.
C. Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed use is in an area that can support this development and the proposed
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region.
The proposed telecommunication tower is in a remote rural area and is not near existing
residences. Surrounding lands consist of dryland crops and rangelands. The nearest
residences are approximately 2 miles from the proposed tower site
D. Section 23-2-220.A.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 the Weld County Code and any other applicable
code provisions or ordinances in effect; or the adopted Master Plans of affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A 5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District; Agricultural Heritage Overlay
District, Airport Overlay District, or a Special Flood Hazard Area. Building Permits issued on
the property 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 proposal is located on approximately 318 acres delineated as "Prime if Irrigated" per the
2020 Natural Resource Conservation Service Soil Survey. The disturbed/developed area
around the tower will be minimal (only 3,000 square feet) with some smaller disturbance areas
where the guy wires will connect to the ground No irrigation is located on the property.
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 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:
Prior to recording the map:
A. The applicant shall attempt to add ressthe comments of the Weld County Oil and Gas Energy
Department (OGED) as stated in their referral comments dated 3/30/2022. Written evidence
USR22-0011, The George J Leis Family Trust & The Sharon RWoleyerTrust C/O Industrial TowerWest LLC
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of such shall be provided to the Department of Planning Services. (Weld County Oil and Gas
Energy Department)
B. The applicant shall attempt to address the comments of the US Fish and Wildlife Service as
stated in their referral dated 5/10/2022. Written evidence of such shall be provided to the
Department of Planning Services. (US Fish and Wildlife Service)
C. The map shall be amended to delineate the following
1. All sheets of the map shall be labeled USR22-0011 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. CR 102 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 site map or plat the future and existing right-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)
5. Show the Colorado Department of Transportation (CDOT) right-of-way on the map
along with the documents creating the right-of-way. (Development Review)
6. Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain an access permit
in the approved location prior to construction (Development Review)
7. 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 thirty-five (35)
feet. (Development Review)
8. Show and label the approved tracking control on the site plan. (Development Review)
9. Show and label the drainage flow arrows (Development Review)
10. 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 Mylar map along with all other
documentation required as Conditions of Approval. The Mylar 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 Mylar 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 specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
USR22-0011, The George J Leis Family Trust & The Sharon RWoleyerTrust C/O Industrial TowerWest LLC
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recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. The Use by Special Review Permit 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 plat 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
George J Leis Family Trust & Sharon R. Wolever Trust C/O Industrial West, LLC
USR22-0011
A Site -Specific Development Plan and Use by Special Review Permit, USR22-0011, for a
Telecommunications Antenna Tower (330 -foot guyed antenna with associated equipment) 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. This is an unmanned facility (Department of Planning Services)
4. Collocation of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
5. 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 Decommissioning Plan. (Department of Planning Services)
6. 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)
7. 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)
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
9. Prior to the release of building permits, the applicant shall be required to submit complete commercial
access application forthe "preliminarily ap proved" access location as shown on this plan. (Development
Review)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
11. 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. (Environmental Health)
12. 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. (Environmental Health)
13. 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.
(Environmental Health)
14. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the tower (Environmental Health)
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15. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets
are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County, shall contain
hand sanitizers, be screened from public view, and be removed upon completion of construction. (EH)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Environmental Health)
17. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
18. 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)
19. Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
20. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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 off ice of the Department
of Planning Services
23. The property owner or operatorshall be responsibleforcomplying with all of theforegoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
24. 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.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources; including, but not limited to, sand and gravel; oil; natural gas, and
coal. Under title 34 of the Colorado Revised Statutes; minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are
USR22-0011, The George J Leis Family Trust & The Sharon RWoleyerTrust C/O Industrial TowerWest LLC
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protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
26. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness; wildlife; lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, thosefeatures which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodatethe intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts; including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields; including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102; C.R S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hund red (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas; in many cases, will not be equivalent to municipal services. Rural
dwellers must; by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines; territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important; not only for their safety,
but also for the protection of the farmer's livelihood.
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
April 25, 2022
Bailey Rick
205 S. Maloney Drive
North Platte, NE 69101
Subject: USR22-0011 - A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunications Antenna Tower (330 -foot tall guyed antenna with associated equipment) in the
A (Agricultural) Zone District.
On parcel(s) of land described as:
PART OF THE E2 SECTION 25, T9N, R57W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 07, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 22, 2022 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Chris Gathman
Planner
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